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NK —_ bit Court of Appeals for the Second Circuit, and ZWILL AN tas ordered to appear for retrial on larch 4, 1940, This trial was subsequently adjourned until April 22, 190, and never restored to the calendar for trial in the Southern District. Contained in this file were letters between the Office of the United States Attorney, Southern District of New Yors and the Attorney General, Criminal Division, Washington, D.C. These letters were the basis for ZWILLMAN's nolle prosequi as it was detexmined successful prosecution would be unlikely in view of recent court decisions involving the Fifth Amednment. The file indiceted that the charge against ZWILLMAN was nolle prosequi on December 31, 1954. On June 23, 1953, ZWILLVAN was arrested by the United States Mershal, Newark, New Jersey, on charges of evading payment of $54,114 on his 1946 income, On July 1h, 1953, a Federal Grand Jury returned a "no b1i11" against ZWILL AN in connectién with this arrest, vacating the complaint. On May 28, 195), ZVILLYAN was arrested by the United States Marshal, Newark, New Jersey, and charged with evasion of incore tax. This arrest had to do with the alleged evasion of inicome tax payments of 6,100 for the years 1947 and 1948. This actual trial commenced January 19, 1956, end was given to the jury on February 29, 1956. After 30 hours of deliberation, the jury reported on March 1, 1956, tha«. they could not agree on a verdict. On December 20, 1957, ates Attorney CHFSTFR A. WiIDENBURTER advised SA bit that at the present time the filles are in the hands of tne Department in Washington, where it will be determined 6s to whether ZWILLMAN will be setried. Decision for such retrial will not be made locally. Following the jury disagreement, ZWILL'AN was continued on $5,000 beil. Attorneys representing ZWILLMAN in this income tax procedure were JOHN E. TOOLAN and MORRIS SHILENSEHY, - 22 = TTT Se ne orm rer cee een mF dm een omar mtr meee camer cms ne fr Samm am = aR gepRR fer “Nena, oink; - O° * aa