Filed January 23, 2013
It is a “universal rule” that it is improper to use the grand jury for trial preparation. United States v. Brothers Const. Co. of Ohio, 219 F.3d 300, 314 (4th Cir. 2000); In re Grand Jury Proceeding (Fernandez Diamante), 814 F.2d 61, 70 (1st Cir. 1987); United States v. Star, 470 F.2d 1214 (4th Cir. 1972). The grand jury‘s power is limited by its function towards the possible return of an indictment.
Filed August 4, 2014
Indeed, the Fourth Circuit has consistently upheld convictions for DBE fraud similar to that alleged in the SBI. See e.g., United States v. Brothers Construction Co. et al., 219 F.3d 300, 317 (4th Cir. 2000)(rejecting defense argument that there was no economic loss in a DBE case for purposes of calculating the applicable Federal Sentencing Guidelines). Bunn is factually similar to the instant case.