United States v. Richard D. Fritz Leonard Levy and Robert L. Boynton

NOONAN, Circuit Judge;

Richard D. Fritz, Leonard Levy and Robert L. Boynton moved to dismiss an indictment against them on the ground of misconduct by the prosecutor before the grand jury. The district court denied their motion. They appeal.

Proceedings. On August 5, 1986 the grand jury returned the indictment, which alleged the following: Boynton was Executive Vice President and Cashier of the Bank of Carmel (the Bank), a national bank insured by the Federal Deposit Insurance Company with a total capital of about $6 million. Boynton was also President and Chief Executive Officer of Carmel…