◆ SpookStack

jurisdiction of the Third Circuit. A serious claim was made by most of the defendants that the government had. wrongly manufactured jurisdiction in the Eastern District of New York by scheduling the payoffs in this district to the prejudice of those defendants who reside im the Third Circuit. Since there appears to be some conflict . between the views of the Third Circuit and the Second Circuit on '"'due process" problems, compare US v._ Twigg, 588. F2d - 373 (CA3 1978) and Government of Virgin Islands v. Smith, 615 F2d 964 (CA3 1980) with US v. Turkish, 623 F2d 769 (cA2 1980) and Grochulski v. Henderson, 637 F2d 50 (CA2 1980) cert. denied, 101 SCt 1383 (1981), it appeared fair to both the government and the defendants to explore all factors that even remotely suggested some possibility of ‘relief to the defendants under the precedents of either the Second or the Third Circuit. Seventh, the nature of the claims asserted by defendants -- over-involvement of the government: in creating | the crimes charged, specific governmental misconduct during the course of the investigation, and suppression of exculpa- tory information during’ the course of the investigation and trial -- dealt primarily with factors beyond the direct knowledge of the defendants, so that whatever evidence ‘could be developed would have to come by way of the hearing from government records and government witnesses.