of the grand jury panel. Id. (citations omitted).
Applying the harmless error standard of Rule 52(a) to the present case, it is clear that the Defendants' motions to dismiss the Indictment must be denied. The facts merely indicate that a single grand juror who had been a lifelong friend of a Defendant leaked information about the proceedings to that Defendant in violation of Rule 6(e). There is no prejudice inherent in such a situation under the facts of the present case. Indeed, how having advance notice that one is about to be indicted constitutes prejudice escapes us.
The irony of Gelsomino's request that his Indictment be dismissed because of conduct he participated in has not escaped us.
More importantly, there is no indication that Girardi's conduct affected the grand jury's decision to indict in any way. One would expect Girardi's influence to be felt, if at all, in swaying the grand jury against returning indictments against Gelsomino and Lantini. Indeed, if indictments were not returned against Gelsomino and Lantini, the Defendants who were indicted might have a much stronger argument: they could argue that the tainted grand juror(s) shifted blame away from Lantini and Gelsomino and onto them. However, Gelsomino and Lantini were both indicted. We can only conclude that Girardi had no improper influence over other grand jurors.
Our review of the government's in camera submissions confirms our feelings on this issue. Interviews of grand jurors by the FBI uniformly indicate that Girardi's contact with Gelsomino had no influence on them because they were simply unaware of it. Further, nothing supports Gelsomino's claim that Girardi told him that he could deliver the votes of three other grand jurors in exchange for cash and airfare to Hawaii. Girardi himself claims that he did not approach any other grand juror to influence their vote, and every grand juror interviewed categorically denied being approached by Girardi in that fashion.
Finally, we do not believe that this is a case where "the structural protections of the grand jury have been so compromised as to render the proceedings fundamentally unfair . . . ." Bank of Nova Scotia, 487 U.S. at 257. There is nothing fundamentally unfair to the Defendants about the fact that Girardi leaked information to Gelsomino. Certainly, such conduct cannot be likened to cases where this exception has been applied because the composition of the panel was tainted by racial or gender bias. See Vasquez v. Hillery, 474 U.S. 254, 260-64, 88 L. Ed. 2d 598, 106 S. Ct. 617 (1986) (racial discrimination in selection of grand jury compelled dismissal of indictment); Ballard v. United States, 329 U.S. 187, 91 L. Ed. 181, 67 S. Ct. 261 (1946) (exclusion of women).
Because we have found, based upon the arguments of the parties, the law, and the government's in camera submissions, that Mr. Girardi's conduct did not prejudice the Defendants or impugn the overall integrity of the grand jury's decision to indict in this case, the Defendants' motions to dismiss the indictment are denied. Further, Defendant Lantini's motions for disclosure of grand jury material, for names, addresses and telephone numbers of grand jurors, for leave to interview grand jurors, and for an evidentiary hearing are also denied. Given our findings above, Lantini cannot make the substantial showing needed to overcome the strong public interests in maintaining the secrecy of those materials. See, e.g. United States v. Peters, 791 F.2d 1270, 1283-84 (7th Cir. 1986) (district court did not abuse its discretion in denying defendant's motion for access to grand jury materials without a hearing after reviewing government's sealed submission).
Where, as here, a single grand juror leaked information to a target of the grand jury proceedings, but the grand jury indicted the target and others without the slightest indication that other grand jurors were tainted by, or even aware of, the leak, dismissal of the Indictment is not warranted. Fed. R. Crim. P. 6(e), 52(a). Defendants' motions are denied. The denied motions include Gelsomino's motion to dismiss, joined by all Defendants, and Lantini's motions to dismiss, joined by Defendant Fusco, and Lantini's motions for disclosure of grand jury material, for names, addresses and telephone numbers of grand jurors, for leave to interview grand jurors, and for an evidentiary hearing.
PAUL E. PLUNKETT
UNITED STATES DISTRICT JUDGE
DATED: March 16, 1994