Hoffa v. United States, 387 U.S. 231 (1967)

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES

COURT OF APPEALS FOR THE SEVENTH CIRCUIT

Syllabus

Petitioners were convicted of various counts under an indictment charging mail and wire fraud and conspiracy, involving the defrauding of a union pension fund to rehabilitate Sun Valley, Inc., an enterprise in which certain petitioners had interests. The Solicitor General has advised that: six months after the indictment, a conversation between petitioner Burris and one Sigelbaum was overheard by FBI agents through electronic eavesdropping; the conversation concerned the proposed transfer to Sigelbaum of Burris’ interest in Sun Valley, and the conduct of the defense to this prosecution; the information was not introduced into evidence or used as an investigative lead; it was only peripherally relevant to the charges, and was partly known through Burris’ statements to government attorneys.

Held: Since there was apparently no direct intrusion into attorney-client discussions, there is now no adequate justification to require a new trial for Burris or any other petitioner. The case is remanded to the District Court for a hearing, findings, and conclusions on the nature and relevance to all these convictions of the recorded conversation, and of any other conversations that may be shown to have been similarly overheard. United States v. Shotwell Mfg. Co., 355 U.S. 233.

Certiorari granted; 367 F.2d 698, vacated and remanded.