United States v. Alexander J. Barket

GIBSON, Chief Judge.

This is an appeal by the United States pursuant to 18 U.S.C. § 3731 (1970)1 from the District Court’s2 dismissal of a two count indictment charging the ap-pellee, Alexander J. Barket, with making an unlawful political contribution and misapplying bank funds in violation of 18 U.S.C. §§ 2, 610 and 656 (1970) on the ground that Barket’s Fifth Amendment right to due process was violated by prejudicial pre-indictment delay. Alternatively, the District Court found that prosecutorial misconduct violating legal and ethical codes and regulations also required dismissal as an…