United States v. Forman, 71 F.3d 1214 (6th Cir. 1995)

United States Court of Appeals, Sixth Circuit, argued June 9, 1995, decided December 21, 1995. The opinion states: “During 1992, the Organized Crime Strike Force of the United States Attorney’s Office in Detroit, Michigan, began an investigation of Vito Giacalone and his attorney, Nathaniel C. Deday LaRene. Giacalone has been publicly identified as a reputed leader of the Detroit mafia. Initially, the Giacalone/LaRene investigation focused on allegations of extortion and money laundering.” A Special Agent’s Report from that investigation was photocopied by Forman, a Justice Department attorney, and a copy reached Giacalone.

The court recounts Forman’s account that he had grown up on the same block as Paul Corrado, and states that “Paul Corrado’s father, Anthony Corrado, is a reputed member of the Giacalone organized crime syndicate.” The words “reputed” and “publicly identified” are the court’s report of reputation, not findings about either man.

The court held that Forman was not an attorney for the government bound by the grand jury secrecy rule in the way the contempt charge required, and concluded: “Forman’s conviction for criminal contempt under 18 U.S.C. § 401(3) is REVERSED.” The 1999 opinion in the same matter dates the start of the investigation to 1990; the two opinions differ, and both dates are recorded here as printed.