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UNITED STATES v. COLE

No. 69 CR. 827.

325 F.Supp. 763 (1971)

UNITED STATES of America, Plaintiff, v. Marvin R. COLE, Arthur A. Fischer and Cole Fischer Rogow, Inc., Defendants.

United States District Court, S. D. New York.

April 14, 1971.

Attorney(s) appearing for the Case

Whitney North Seymour, Jr., U. S. Atty., S. D. N. Y., by Edward M. Shaw, Asst. U. S. Atty., of counsel.

Millard & Greene, New York City, for defendants; by Myron Greene, and Stanley P. Gimbel, New York City, of counsel.

POLLACK, District Judge.

The defendants seek to void a prosecution against them for criminal tax evasion on the ground that the government's proceedings and proof were tainted by illegal electronic surveillance.

I.

In 1961-62, the Department of Justice was conducting a grand jury investigation of Joseph "Doc" Stacher under an organized crime drive (OCD). The investigation was directed primarily to whether Stacher owned certain interests in gambling...

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