williams
argued
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indicted
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jury
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district
ordered
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without
prejudice
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precedent
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substantial
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evidence
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jury
following
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appeals
affirmed
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treasury
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jury
appropriate
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issue
expressly
decided
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although
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contest
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immediately
hand
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courts
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jury
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jury
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courts
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jury
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jury
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jury
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amendment
demands
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jury
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body
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jury
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jury
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impose
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obligation
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evidence
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motions
quash
indictments
based
upon
sufficiency
evidence
relied
upon
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jury
never
allowed
make
little
sense
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evidentiary
support
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jury
judgment
scrutinizing
sufficiency
prosecutor
presentation
pp
need
pursue
respondent
argument
appeals
rule
save
valuable
judicial
time
advantage
proposal
congress
free
prescribe
scalia
delivered
opinion
rehnquist
white
kennedy
souter
joined
stevens
filed
dissenting
opinion
blackmun
joined
parts
ii
iii
thomas
joined
post
solicitor
general
starr
argued
cause
briefs
assistant
attorney
general
mueller
deputy
solicitor
general
bryson
michael
dreeben
james
lang
argued
cause
respondent
brief
steven
stidham
joel
wohlgemuth
john
dowdell
dan
marmalefsky
filed
brief
national
association
criminal
defense
lawyers
amicus
curiae
urging
affirmance
justice
scalia
delivered
opinion
question
presented
case
whether
district
may
dismiss
otherwise
valid
indictment
government
failed
disclose
grand
jury
substantial
exculpatory
evidence
possession
may
respondent
john
williams
tulsa
oklahoma
investor
indicted
federal
grand
jury
seven
counts
knowingly
mak
ing
false
statement
report
purpose
influencing
action
federally
insured
financial
institution
violation
supp
ii
according
indictment
september
november
williams
supplied
four
oklahoma
banks
materially
false
statements
variously
overstated
value
current
assets
interest
income
order
influence
banks
actions
loan
requests
williams
misrepresentation
allegedly
effected
two
financial
statements
provided
banks
market
value
balance
sheet
statement
projected
income
expense
former
included
current
assets
approximately
million
notes
receivable
three
venture
capital
companies
though
contained
disclaimer
assets
carried
cost
rather
market
value
government
asserted
listing
current
assets
assets
quickly
reducible
cash
misleading
since
williams
knew
none
venture
capital
companies
afford
satisfy
notes
short
term
second
document
statement
projected
income
expense
allegedly
misrepresented
williams
interest
income
since
failed
reflect
interest
payments
received
notes
venture
capital
companies
funded
entirely
williams
loans
companies
statement
thus
falsely
implied
according
government
williams
deriving
interest
income
independent
outside
source
brief
shortly
arraignment
district
granted
williams
motion
disclosure
exculpatory
portions
grand
jury
transcripts
see
brady
maryland
upon
reviewing
material
williams
demanded
district
dismiss
indictment
alleging
government
failed
fulfill
obligation
tenth
circuit
prior
decision
page
present
substantial
exculpatory
evidence
grand
jury
emphasis
omitted
contention
evidence
government
chosen
present
grand
jury
particular
williams
general
ledgers
tax
returns
williams
testimony
contemporaneous
chapter
bankruptcy
proceeding
disclosed
tax
purposes
otherwise
regularly
accounted
notes
receivable
interest
manner
consistent
balance
sheet
income
statement
contended
belied
intent
mislead
banks
thus
directly
negated
essential
element
charged
offense
district
initially
denied
williams
motion
upon
reconsideration
ordered
indictment
dismissed
without
prejudice
found
hearing
withheld
evidence
relevant
essential
element
crime
charged
created
reasonable
doubt
respondent
guilt
app
pet
cert
quoting
gray
dc
thus
render
ed
grand
jury
decision
indict
gravely
suspect
app
pet
cert
upon
government
appeal
appeals
affirmed
district
order
following
earlier
decision
page
supra
first
sustained
clearly
erroneous
district
determination
government
withheld
substantial
exculpatory
evidence
grand
jury
see
found
government
behavior
substantially
influence
grand
jury
decision
indict
least
raised
grave
doubt
decision
indict
free
substantial
influence
quoting
bank
nova
scotia
see
circumstances
tenth
circuit
concluded
abuse
discretion
district
require
government
begin
anew
grand
jury
granted
certiorari
ii
proceeding
merits
matter
necessary
discuss
propriety
reaching
certiorari
sought
granted
case
following
question
whether
indictment
may
dismissed
government
failed
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evidence
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jury
first
point
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respondent
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opposing
petition
captioned
question
presented
petition
never
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certiorari
necessarily
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review
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dismiss
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entirely
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practice
though
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imprudent
since
doubt
jurisdiction
entertain
case
reverse
course
late
stage
see
ferguson
lines
harlan
concurring
part
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part
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dechristoforo
stewart
concurring
joined
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city
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traditional
rule
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correctly
notes
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contend
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jury
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jury
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jury
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jury
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jury
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jury
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virginia
bankshares
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grand
jury
despite
prosecutor
guarantee
judge
pregerson
exculpatory
evidence
presented
grand
jury
compound
ed
indiscretion
erroneously
unequivocally
telling
grand
jury
polygraph
evidence
inadmissible
roberts
although
majority
ciambrone
agree
judge
friendly
appraisal
prejudicial
impact
misconduct
case
also
recognized
prosecutor
duty
avoid
fundamentally
unfair
tactics
grand
jury
proceedings
judge
mansfield
explained
hand
prosecutor
right
exercise
discretion
selectivity
presentation
evidence
grand
jury
entitle
mislead
engage
fundamentally
unfair
tactics
prosecutor
instance
may
obtain
indictment
basis
evidence
known
perjurious
basurto
cir
leading
believe
received
eyewitness
rather
hearsay
testimony
estepa
cir
add
prosecutor
aware
substantial
evidence
negating
guilt
interest
justice
make
known
grand
jury
least
might
reasonably
expected
lead
jury
indict
see
aba
project
standards
criminal
justice
prosecution
function
pp
indeed
even
acknowledges
congress
power
regulate
grand
jury
concedes
congress
free
prescribe
rule
requiring
prosecutor
disclose
substantial
exculpatory
evidence
grand
jury
ante
costello
example
held
indictment
based
solely
hearsay
evidence
invalid
grand
jury
clause
fifth
amendment
rejected
petitioner
argument
invoke
power
supervise
administration
justice
federal
courts
create
rule
permitting
defendants
challenge
indictments
based
unreliable
hearsay
evidence
declined
exercise
power
way
persuasive
reasons
advanced
establishing
rule
run
counter
whole
history
grand
jury
institution
laymen
conduct
inquiries
unfettered
technical
rules
neither
justice
concept
fair
trial
requires
change
although
opinion
barely
mentions
fact
grand
jury
intended
serve
invaluable
function
standing
accuser
accused
must
assume
proper
case
acknowledge
even
solicitor
general
unrestrained
prosecutorial
misconduct
grand
jury
proceedings
subvert
integrity
grand
jury
process
justify
judicial
intervention
cf
franks
delaware
discussing
analogous
considerations
holding
search
warrant
affidavit
may
challenged
supported
deliberately
false
police
statements
brief
reluctant
rely
lower
courts
judgment
regard
apparently
applied
lenient
legal
standard
district
dismissed
indictment
information
withheld
raises
reasonable
doubt
defendant
intent
defraud
thus
renders
grand
jury
decision
indict
gravely
suspect
app
pet
cert
appeals
affirmed
decision
clearly
erroneous