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Director 62-4049 , 2. that in view of the fact Vernon C. Miller and Albert Silvera were dead, probebly there was no case in the district of New Jersey as it was ageinst Dr. Irwin R. Silvers alone eni no conspiracy charge could be brought ageinst him singly. He was referred to the United States Attorney's office and sufficient to say no atatement was mede to him to the effect that Agent Tracy would recommend a nolle prosequi. A short time efter this conversation, Assistant United States Attorney Petry telephoned this office and talked to Agent Tracy. He said thet he had just been in telephone communication with the attorney end he informed the attorney that under no consideration would the case be dianissed. Mr. Petry asked agent Tracy a number of questions concerning the facts in the case as pertaining to prosecution in that district and tir, Petry advised that he would teke the matter up with the Department. , As the Division knows, prosecution is pending in the Southern District of New York agsinat Abehett and Herman (Borenstein. Subsequent to the arrest of Dr. Silvers it was learned that he was in the Southern District of New York on August llth with his deceased brother, Albert, for the purpose of securing sample cases ani frames for Miller. On December 4th the case was discussed with the Assistant United States Attorney in New York City in charge of the prosecution of Chait and Borenstein with a view to securing his opinion with respect to the advisability of inatituting prosecution in his district against Dr. Silvers; in other words, # conspiracy charge in the Southern District of New York against all three. at the present time the United States attorney's office has the matter under consideretion. Agent Turrou telephoned Mr. Petry on December 4th and saked whether there would be any objection on his part to our presenting the case in the Southern District of New York as against all three. Mr. Petry had no objection and thought it advisable to have the United States Attormy here consider the matter. The attorney for Dr. Silvers knows thet his client was in New York City with his brother Albert for the purpose of furthering the conspiracy end is not, of course, unaware of the fact that prosecution can be instituted against hia client in this diatrict. Very truly yours, F, X. Fay Special Agent \n Charge.