United States v. Sears, Roebuck and Company, Inc.
Court of Appeals for the Ninth Circuit
1Opinion of the Court
NORRIS, Circuit Judge:
The district court dismissed an indictment charging Sears, Roebuck and Company, Inc. (Sears) with customs fraud because of prosecutorial misconduct in presenting the case to the grand jury. We reverse and remand.
I
On February 26, 1980, a grand jury returned an indictment against Sears alleging that Sears had conspired to defraud the United States government by overstating to customs agents the price it had paid for television receivers purchased from Japanese manufacturers. See 18 U.S.C. §§ 371 and 542 (1976). The indictment charged that customs documents filed by Sears…
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