In Re Lazarus

276 F. Supp. 434, 1967 U.S. Dist. LEXIS 10629
CourtDistrict Court, C.D. California
DecidedAugust 30, 1967
DocketMisc. 1598(a)
StatusPublished
Cited by7 cases

This text of 276 F. Supp. 434 (In Re Lazarus) is published on Counsel Stack Legal Research, covering District Court, C.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Lazarus, 276 F. Supp. 434, 1967 U.S. Dist. LEXIS 10629 (C.D. Cal. 1967).

Opinion

ORDERS GRANTING IMMUNITY, COMPELLING TESTIMONY BEFORE GRAND JURY, FINDING CIVIL CONTEMPT FOR NONCOMPLIANCE, AND COMMITTING TO CUSTODY

HAUK, District Judge.

This proceeding is a companion case to In re Loughran and Kikumura, Mise. No. 1598-AAH. 1 It arises out of the same investigation of alleged violations of the Federal Statutes prohibiting the Interstate Transmission of Wagering Information ; 2 Interstate Interference with Commerce by Threats or Violence (Racketeering and Extortion) ; 3 Interstate and Foreign Travel or Transportation in Aid of Racketeering Enterprises; 4 Interstate Transportation of Wagering Paraphernalia; 5 Attempt to Evade or Defeat Occupational Tax (Wagering) ; 6 Violations of the Federal Communications Act; 7 and other violations of the laws of the United States, conducted by the Central District Grand Jury impaneled September 22, 1966, Philip T. Wilson, Foreman. 8

*436 Now, a little more than two months after the proceedings against Miss Loughran and Miss Kikumura, the Grand Jury is still probing the “Little Apalachin” meeting of big name gamblers and underworld figures held in October 1965 at the Palm Springs-residence of these two Las Vegas showgirls. 9

More specifically, witness Ruby Lazarus, a Miami Beach and New York City bookmaker, was interrogated extensively about Vincent (Jimmy Blue Eyes) Alo and Anthony (Fat Tony) Salerno, New York members of the Cosa Nostra “Family” headed by Vito Genovese, as well as Jerome (Jerry) Zarowitz, credit manager of Caesars Palace on the Las Vegas “Strip” and Elliott Paul Price, a host at the same club, all reported by the press to have been in attendance. 10

INITIAL COURT HEARING: ORDER CONFIRMING IMMUNITY AND COMPELLING TESTIMONY.

In response to subpoena, Ruby Lazarus appeared before the Grand Jury on March 9, 1967, but refused to answer any questions, invoking his privilege against self-incrimination under the Fifth Amendment of the Federal Constitution.

Thereupon, the United States Attorney came before this Court with the Grand Jury and the witness Lazarus and filed the following “APPLICATION FOR IMMUNITY” : 11

“The United States of America moves this Honorable Court for an order instructing Ruby Lazarus to testify and produce evidence pursuant to the provisions of Title 47, United States Code, Section 409(1), and respectfully alleges as follows:
“1. On December 13, 1966, a duly constituted grand jury began an inquiry into alleged violations of the Federal statutes prohibiting the Interstate Transmission of Wagering Information, Title 18, United States Code, Section 1084; Interstate Transportation in Aid of Racketeering, Title 18, United States Code, Section 1952; Interstate Transmission of Wagering Paraphernalia, Title 18, United States Code, Section 1953; Attempt to Evade Occupational Tax (Wagering), Title 26, United States Code, Sections 4411, 4412, 7201; and violations of the Federal Communications Act, Title 47, United States Code, Sections 203 and 501, and other violations of the laws of the United States.
“2. Ruby Lazarus was subpoenaed to appear and did appear before the grand jury on March 9, 1967.
“3. In response to numerous questions related to activities falling within the scope of the above statutes, respondent invoked the Constitutional privilege against self-incrimination and refused to answer.
“4. This application for immunity is being made in good faith, with the *437 approval of the Attorney General, in the belief that the witness can give important testimony which will be pertinent to the grand jury inquiry.
“WHEREFORE, the United States of America requests the Court to ORDER Ruby Lazarus to answer the questions which he has heretofore refused to answer, and to testify and produce evidence relating to all matters pertinent to the pending grand jury inquiry, pursuant to the provisions of Title 47, United States Code, Section 409(1).” 12

Upon motion of the United States Attorney and pursuant to provisions of Rule 6(e) Federal Rules of Criminal Procedure, 13 the Court directed the Grand Jury’s certified shorthand reporter to take the stand and disclose the interrogation of the witness Lazarus in the transcript : 14

“ ‘BY MR. COLEMAN:

“ ‘Q Would you please state your full name, sir?

“ ‘A Ruby Lazarus.’

“MR. COLEMAN: Excuse me, was the witness sworn?

“A Yes, he was. He spells his name, L-a-z-a-r-u-s.

“Q Would you speak a little louder?

“A He respelled his name L-a-z-a-r-u-s. (Whereupon witness reads as follows :)

“‘Q And your address, sir?

“ ‘A 47 — 214 First Street, Long Island, New York City.

“ ‘Q Are you the same Ruby Lazarus who appeared before this Grand Jury late in 1966, in December?

“ ‘A I am.

“ 'Q Did you appear here that day, Mr. Lazarus, as a result of the subpoena ?

“ ‘A I did.

“ ‘Q At that time, Mr. Lazarus, there was an arrangement made, was there not, to call you under subpoena so that you would return and appear before this *438 Grand Jury upon at least two day’s notification ?

“ ‘A That is why I am here today.

“ ‘Q Sir, that notification was to be given you through your counsel at that time, a Mr. Rosen of Miami; was it not ?

“ ‘A That is right.

“ ‘Q Sir, that notification was in fact given to you last week through Mr. Rosen for your appearance here toaay; was it not?

“ ‘A Yes, that is right.’

“THE COURT: What was that date again ?

“THE WITNESS: Last week through Mr. Rosen. (Whereupon witness continues reading:)

“ ‘A Yes, that is right.

“ ‘Q Are you represented today here in Los Angeles by counsel?

“ ‘A No, I am not.

“ ‘Q Mr. Lazarus, let me put on the record of this Grand Jury what we have discussed outside this Grand Jury. I informed you, sir, that last week I spoke with Mr.

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Related

United States v. Zerilli
328 F. Supp. 706 (C.D. California, 1971)
United States v. Zarowitz
326 F. Supp. 90 (C.D. California, 1971)
United States v. Di Mauro
441 F.2d 428 (Eighth Circuit, 1971)
United States v. Ruby Lazarus
425 F.2d 638 (Ninth Circuit, 1970)
In re Lazarus
276 F. Supp. 450 (C.D. California, 1967)

Cite This Page — Counsel Stack

Bluebook (online)
276 F. Supp. 434, 1967 U.S. Dist. LEXIS 10629, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-lazarus-cacd-1967.