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ABSCAM — Part 10
Page 48
48 / 52
Abseam prosecutor accus
RALPH SODA
nett News Service
ASHINGTON — A highly regarded, nationally cir-
culated legal magazine has accused former chief
Abscam prosecutor Thomas Puccio of revealing secret
grand jury proceedings related to the FBI operation.
The charge is contained in-an article in the current
issue of The American Lawyer, a prestigious monthly
magazine for the legal fraternit with a circulation of,
more than 25,000 subscribers, most of them lawyers and
judges. .
The article, written by Steven Brill, editor and pub-
lisher of the magazine, accuses Puccio of prosecutorial
abuses_in 1_with other federal undercover
Onneys
* “Stings as well. He notes specifically the cocaine arrest of
‘automotive entrepreneur John DeLorean and the
charges of theft of electronic trade secretsdy employees
Japan's Hitachi Ltd.
The celebrated Abscam investigation into political
: corruption produced the conviction on bribery and con-
: Spiracy charges of 19 persons, including seven members ..
.-of Congress. ‘ :
While he was interviewing Puccio in connection with
” Abscam, Brill charges, the former prosecutor confided
to him details of the secret grand jury proceedings that
"It's not a major transgression, but arguably, in the
¢'= in the bulk of the Abscam indictments.
hands of an able, eager prosecutor, enough tobe a viqla-
tion of rule 6E of the Federal Rules of Criminal Procee-
dure — which constitutes criminal contempt of court,”
Brill writes. :
“Thomas Puccio has successfully been stung, though
only in print.” so .
In explanation, Brill told Gannett News Service (GNS)
that, if he had approached Puccio as an adversary.
instead of as an agreeable luncheon companion with
mutual professional interests, he might not have gotten
Puccio to be so indiscreet as to reveal the grand jury
proceedings.
That Puccio was luiled into revealing them by Brill's
friendly approach shows clearly how e iy someone
can be tric
sting operations, Brill suggests in his article. |.
Puccio told GNS he had only “skimmed the article”.
and would reserve comment until be inquired further
into the matter. He said the suggestion that be may have
divulged secret grand jury testimony in violation of the
law was “ridiculous.” . . wo
But Brill stuck by his story. a
__ “The story is true,” he told GNS. “He discussed grand
jery proceedings.” : cts
into doing somethin, wi d not orsdi- :
narily do, Brill said. Te 4
kod just such trickery might have been used by the
government in developing its case in Abscam asd other
te
is
basins .
At
aia
mer Sta. Hafrison A. Williams Jr., D-NJ., a convicted
Abscafi defendant, had been called to testify before the
grandjwry that indicted him on bribery and conspiracy \
“Puggio told me he (Williams) did not testify,” Brill
“1 alk asked him how the members of the grand jury
react to the showing of the video tapes (of public offi-
cials aecepting bribes from FBI undercover agents) and
Pucciftold me, ‘Oh, they loved them.”
“-Thiags like that are secret,” said Brill, “and shouldn't
said hemade a point of reporting Puccio’s discus-
sion of-oonfidential grand jury proceedings because it
demositrates how the enthusiasm of some prosecutors
on their part that might compromise the integ-
ment of Justice and “might be unsettling to those
who Bele e that prosecutors should care as much about
justicfand the integrity of the system as they do about
gi) cells.” :
ect disclosures concerning the conduct of the
of abusing office
mple, Brill wrote that be asked Puccio if for-
tors as for the defendants.”
. — is now strong evidence,” Brill says, “that the |
diine-grabbing investigations could blind them to.
COURIER-POST, Friday, January 14, 1983 SA
CAPITAL NEWS
. 7,
vincing proof tAbseam was.as much a scandal for the:
tors in charge of Abscam — Philip Heymann
(former chief of the criminal! division at Justice), Irvin
Nathan (assistant U.S. attorney general in the criminal
division) and Thomas Puccio — ruined the life of at least.
one innocent defendant (former New Jersey CasinoCon-
tro’ mission vice chairman Kenneth MacDonald), -
unfairly convicted several other utterly urisympathetic
but not appropriately prosecutable public off icials (such
as Sen. Williams), and then stained the reputations of
those professional prosecutors who had the guts to say.
in interna! memos of dissent, that the simple integrity of
the system was more important than a sexy indictment’
or conviction.” . ‘
_ Brill told GNS that, since publication of his article, he:
has received “numerous letters" {rom readers critical
of the conduct of the FBI and federal prosecutors in the
Abscam, DeLorean and Hitachi sting operations.
He said he has received one call complaining about his
article from Puccio, and_a “friendly” letter from FBI |
Director Willi i before he.
wrote his article. .
inion in one of th scam cases finding tha
ho entrapment. Brill said he had read the opinion cited
by Webster. .
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