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Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Roberts, John G.: Files
Folder Title: JGR/(Department of Justice) DOJ
Daily Reports (5)
Box: 16
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
https://reaganlibrary.gov/document-collection
Contact a reference archivist at: [email protected]
Citation Guidelines: https://reaganlibrary.gov/citing
National Archives Catalogue: https://catalog.archives.gov/
62 Box 17 - JGR/(Department of Justice) DOJ Daily Reports (5) -
Roberts, John G.: Files SERIES I: Subject File
OF
U.S. Department of Justice
Office of the Deputy Attorney General
10/4
To:
John Roberts
Associate Counsel to the
President
The White House
From:
Roger Clegg RC
Per our conversation earlier today,
here is the draft press release in the
Alcan-Arco matter. The current plan is
to announce this Friday morning. As
we discussed, however, we don't want
anything to get out prematurely because
of the effect it may have on stock
prices, so please sheck with me before
anyone over there makes a public
comment.
Many thanks.
erson says you are even
P.S. Cathy Anderson says you are even
iii TEA cason.
cuter than Ted Olson.
file
FOR IMMEDIATE RELEASE
AT
FRIDAY, OCTOBER 5, 1984
202-633-2016
The Department of Justice today filed a proposed consent
decree that would settle a civil antitrust suit -- filed
simultaneously -- challenging the planned acquisition by Alcan
aluminum producing
Aluminium Limited of Canada of most of the assets of Atlantic
Richfield Company.
The suit and proposed decree were filed in U.S. District
cky. The dCourt inlLouisvillé;n Kentucky. The decree will become final upon
lowing a 60approvaliby the court, following a 60-day period for public
comment.
The suit alleges that the acquisition may substantially
lessen competition in the market for aluminum can body stock by
eliminating Arco as an important prospective entrant into that
market. Aluminum can body stock is a sheet product used to make
the bodies of beverage cans. According to J. Paul McGrath,
Assistant Attorney General in charge of the Antitrust Division,
the proposed consent judgment would require Arco or its successor
to retain a 60 percent interest in Arco's newly-completed rolling
mill, located in Logan County, Kentucky, and designed to produce
can stock.
Alcan would be permitted to acquire a 40 percent interest in
the facility as part of a production joint venture.
- 2 -
McGrath said that the decree will preserve Arco, or its
successor, as a significant and independent new entrant into the
can body stock market.
Alcan, headquartered in Montreal, Canada, is the non-
Communist world's largest aluminum company. It engages in all
phases of aluminum production, including the mining and
processing of bauxite -- the ore from which aluminum is refined
-- the smelting of primary aluminum, and the fabrication of
finished and semi-finished aluminum products. Its sales in the
United States accounted for approximately one quarter of Alcan's
total 1983 revenues of $5.2 billion.
Los Angeles, Los Angeles, California, is primarily
ced the aluannoilicompany.inAre07enhered the aluminum industry in 1977 when
uminum ComianacqfibedithelAnaconda Aluminum Company of Louisville,
Kentucky. Arco's aluminum operations contributed approximately
$718 million of the company's total 1983 revenues of $26 billion.
On January 5, 1984, the companies announced that Alcan had
agreed to buy most of Arco's aluminum assets for between
$600 million and $1 billion. Among the assets to be transferred
were a primary aluminum smelter in Sebree, Kentucky; a newly-
completed rolling mill in Logan County, Kentucky; older rolling
mills in Louisville, Kentucky, and Terre Haute, Indiana; and a
25 percent interest in an Irish alumina refinery. Alumina is a
mid-product in the refining of aluminum from bauxite.
On June 19, 1984, following an extensive investigation, the
Department of Justice announced that it would oppose the
- 3 -
transaction as violative of Section 7 of the Clayton Act if
consummated as originally structured.
The companies then requested an opportunity to meet with
Department officials to discuss proposals for restructuring the
transaction and agreed to postpone its completion. Subsequent
negotiations produced the agreement announced today.
In explaining the basis for the Department's opposition to
the original transaction, McGrath observed that:
"The production of can body stock, which is
one of the largest and most important segments of
the aluminum business, is highly concentrated.
cdest producers Lastayeartthe four largest producers of can body
129 percent or astockiaccounted for 87.9 percent of all sales in
luding sales bytherUnited States, including sales by foreign
producers. The Herfindahl-Hirschman Index (a
measure of industry concentration obtained by
adding the squares of the market shares of all
firms in the market) was approximately 2300. The
Antitrust Division's Merger Guidelines consider
anything over 1800 to be 'highly concentrated' and
subject to the most stringent antitrust scrutiny.
"Last year Alcan was the fourth largest
producer of can body stock with 13.5 percent of
total shipments. Arco has not previously made can
stock, but it recently completed construction of a
large, modern rolling mill in Logan County,
Kentucky, designed to produce can stock. Based on
- 4 -
the new plant's capabilities and Arco's plans for
its utilization, it was clear that Arco would have
become a significant new entrant into the can body
stock market except for this acquisition.
"Under the proposed decree the companies
would enter into a cost-sharing production joint
venture. Arco would have a 60 percent undivided
interest and Alcan a 40 percent undivided interest
in the Logan County mill. A separate management
company would be created to operate the plant and
would be owned 60 percent by Arco and 40 percent
Signating
by Alcan, with Arco designating a majority of the
Use of the plantbeapdoofcdirectors. Use of the plant's production
on a 60 percencapacitycwould also be on a 60 percent/40 percent
basis. Each company is guaranteed the right to
initiate and participate in further expansions of
the plant's capacity, including the right to
expand the plant unilaterally if the other
declines to participate.
"The decree and the accompanying joint
venture agreements contain a variety of provisions
designed to ensure that the joint venture partners
remain independent competitors. Unlike many joint
ventures, this one is strictly limited to
operation of the plant as a cost center rather
than as a profit center. Each company is solely
responsible for determining its own product mix
- 5 -
and level of output, and each must independently
market its share of the plant's output. The
companies are prohibited from exchanging
information concerning competitively sensitive
subjects such as prices, customers, and marketing
plans, and from agreeing on price or output. The
partners may not sell each other more than minimal
amounts of the plant's production and are
restricted in their ability to transfer production
rights to each other. Two of the seven members of
the board of directors must be otherwise
and AIRO, Munaffiliated with Alcan and Arco. Likewise, no
ement company maemployee of the management company may be
oved by Alcan ocoñtemporaneously employed by Alcan or Arco.
"The decree would be in effect for 10 years
following its entry by the court. During that
period Alcan and the other major aluminum
producers would be barred from acquiring Arco's
interest in the Logan County plant."
McGrath said he considered this case and proposed settlement
significant in two respects:
"First, this case involves a challenge under
Section 7 of the Clayton Act to an acquisition
involving a potential rather than an existing
competitor in the can body stock market. It is
the first potential competition case brought by
the Department of Justice in recent years. The
- 6 -
standards applied by the Department are those set
forth in the potential entrants section of the
i
Antitrust Division's Merger Guidelines.
"Second, the use of a production joint
venture as a means of settling a Section 7 case
is, I believe, an innovation. While this approach
should not be viewed as a precedent for the
settlement of future cases, particularly where the
challenged acquisition is of an existing rather
than a prospective competitor, it did offer a
reasonable and procompetitive solution in the
unusualicircumstances of this case. In my view it
important objectaccomplishes several important objectives.
CO or its successor asItnpreserves Arco or its successor as an
independent and meaningful new participant in the
can body stock market. If all of Arco's
production at the Logan County plant were devoted
to can body stock, it would become the fifth
largest producer, surpassing three companies
already in the market, with a market share of
approximately 8.6 percent based on 1983 sales.
"The joint venture arrangement also allows
Arco or its successor to expand its production of
can stock or other rolled aluminum products by
expanding the plant's capacity, either in
conjunction with Alcan, in which case they would
share in the increased capacity, or on its own, if
- 7 -
Alcan declines to participate. The Logan County
plant is the only aluminum rolling mill built in i
this country for over a decade. It is a highly
efficient, state-of-the-art facility designed to
be easily expanded to several times its current
capacity. The joint venture thus preserves Arco's
or its successor's potential for growth in this
market.
"In addition, the parties have claimed that
Alcan's participation in this joint venture will
enable them to bring the plant up faster and
ientlv than wouloperatesitamore efficiently than would be the case
erating IC. uneifoArco alone were operating it. The joint
fically providventurebagreement specifically provides for both
parties to contribute their technology and
expertise to the operation of the new mill. If
this does increase the plant's efficiency, the
joint venture will permit the parties and,
ultimately, consumers to realize this benefit
while still preserving Arco as an independent
entrant."
McGrath stated that the Department reviewed other aspects of
the proposed transaction and concluded there was insufficient
basis for including any other markets in the complaint and
settlement. The proposed decree would allow the parties to
proceed with the remainder the acquisition as originally planned.
- 8 -
In accordance with the Antitrust Procedures and Penalties
Act of 1974, a competitive impact statement has been filed with
the court explaining the proposed decree. Copies of the
complaint, proposed final judgment, and competitive impact
statement are available on request from the Antitrust Division's
Legal Procedure Unit, Room 7416, Department of Justice,
Washington, D.C. 20530. They will also be available for
inspection in the office of the Clerk of the United States
District Court for the Western District of Kentucky.
Comments to the Department and to the court regarding the
judgment are invited from members of the public. They should be
Assistandirected to SteveniC Douse, Assistant Chief, General Litigation
United SSectionpAntitrustiDivision, United States Department of Justice,
Washington, D.C. 20530.
####
OF
U.S. Department of Justice
Office of the Deputy Attorney General
10/5
To:
John Roberts
From:
Roger Clegg
F.Y.I.
Ramirez de Arellano V. Weinberger, No. 83-1950 (D.C. Cir.,
Oct. 5, 1984) (en banc)
On a 6-4 vote, the District of Columbia Circuit has
reinstated a lawsuit challenging American and Salvadoran
military use of private property in Honduras. An American
citizen is the sole owner of the corporations which hold title
to the Honduran property. His suit seeks injunctive and
declaratory relief against American military officials on the
ground that military use of his property violates the Due
Process and Just Compensation Clauses of the Constitution, and
also is unauthorized by American law. The district court
dismissed the suit as a non-justiciable political question. A 2-
1 panel of the court of appeals affirmed on the ground that
"equitable discretion" prevented judicial intervention. On
rehearing en banc, however, the full court of appeals now has
remanded the case to the district court for discovery and
possibly a trial.
In an extremely lengthy opinion by Judge Wilkey, the court
of appeals concluded that plaintiffs' allegations were
sufficient to survive a motion to dismiss. The court rejected,
with the case in its current posture, the government's various
claims that the political question, equitable discretion,
standing, and act of state doctrines required dismissal of this
as a loggsuitt The court questioned as a legal matter whether there was
United Stanys legali authority for the United States' actions in using
rty in HoAmerican-ownedi private property in Honduras for military
ewed as a training! The courtsalsonviewed as a disputed factual issue the
d ratifiequestibni whe thert Honduras had ratified the United States'
actions and was willing to pay compensation for use of the
private property. The court seemingly left open the possibility
of summary judgment for the government upon a persuasive factual
and legal showing.
Four judges dissented in three separate, and sharply-
worded, opinions. We currently are studying the various
opinions in this case to determine whether we should seek
Supreme Court review or simply accept the remand and attempt to
prevail in the district court.
DATE: 10-7-84
The New York Times
PAGE:
D17
Arco Plans to Sell Remainder of Metal Unit
LOS ANSELES, Oct. 8 (AP) - The
entire metals division, which last
the Alcan deal, make up the remain-
Atlantic Richfield Company, which
year had sales of about $1.5 billion, or
der of Arco's metals operations. Sale
last week won Justice Department
5 percent of Arco's total revenues.
of those aluminum operations will be
approval to sell most of its aluminum
On Friday, the Justice Department
handled directly by Arco, the com-
operations to a Canadian concern,
approved the sale of Arco's alumi-
pany said.
said today that it hopes to finish sell-
mum operations to Alcan Aluminum
irF off its metals unit "in four months
Ltd. of Montreal with the proviso that
Mr. Calcaterra declined to say
to a year
a portion of the deal be handled as a
what price Arco was seeking for the
The Los Angeles-based Arco has
joint venture instead of a sale.
remaining metals units.
sent out about 800 brochures to pro-
Before the revision, the deal had
American Brass is the nation's
spective buyers "and we have had
been valued at $600 million. No figure
largest producer of copper and cop-
some very serious inquiries," said
on the revised deal was available.
per alloy mill products for the con-
John Calcaterra of the Arco Metals
Today Arco said it had retained
struction, machinery, equipment.
Company. But he said it would be &
Lehman Brothers to represent the
electrical and transportation indus-
long P ocess to select a buyer and get
company in the sale of its American
tries. It has plants in Buffalo, Water-
the necessary approvals.
Brass and Wisconsin Centrifugal
bury, Conn., Franklin, Ky., Kenosha,
The company announced in July
units. Those two units, along with
Wis., and Paramount, Calif.
U.S. " intended 10 divest itself of its
aluminum operations excluded from
Wisconsin Centrifugal, based in
Waukesha, Wis., is a leading pro-
ducer of large centrifugal castings for
the military, chemical and power-
generation industries.
55
DOJ-1983-04
U.S. Department of Justice
Office of the Deputy Attorney General
10/20
To
'
John Roberts
Associate Counsel to the
President
From:
Roger Clegg
F.Y.I.
I .S. Depart: er of Justice
Land and Natural Resources Division
Office of the ASSISIANT Attorney General
Washington. D.C. 20530
October 18, 1984
MEMORANDUM
TO: William French Smith
Attorney General
FROM:
F. Henry Habicht II
Assistant Attorney
SUBJECT: Proposed Cleanup Strategy
Department of the Army - Rocky Mountain Arsenal
I wanted to inform you that next Tuesday, the Army and
EPA will announce agreement on a conceptual plan for cleaning up
the Rocky Mountain Arsenal near Denver. As you recall, this is
probably the most massive hazardous waste site in the country and
in
is the subject of litigation in which the Army has sued Shell, and
Colorado has sued both the Army and Shell. The Arsenal is adjacent
to Stapleton Airport and since 1942 has been used for the production
of chemicals and munitions. Much of the work which took place on
the Arsenal was handled under contract by Shell, which also
produced pesticides at the site.
As a result of these operations, some 19 square miles
of the Arsenal have become contaminated by improperly disposed
hazardous waste. Chemicals were disposed in unlined landfills
which have subsequently leaked and threaten groundwater aquifers
in the area. Both our action against Shell and Colorado's action
against the Army are designed to secure the cleanup and stabiliza-
tion of the Arsenal site.
The Army has developed a proposed remedial plan to take
care of the problem. Essentially, the Army proposes to excavate
and create E secure landfill on the Arsenal of approximately
one square mile in which waste removed from other parts of the
Arsenal could be deposited. They also propose some waste
incineration and purification of groundwater at the Arsenal's
perimeter. While more engineering and analysis remains necessary,
preliminary estimates indicate that the proposed remedy will take
million. approximately 15 years to implement and ultimately cost $350 - 400
- 2 -
On October 22 and 23 the Army and EPA plan a series of
briefings in Denver for the Colorado Congressional Delegation, the
Governor's office, county and city officials and the press. The
purpose of these briefings is to solicit comments and win support
from various levels of government and the public.
From our perspective, having a concrete clean-up proposal
should help facilitate settlement. The U.S. Attorney, Bob Miller,
and I will brief the Colorado Attorney General and counsel for
Shell. We will also ensure that Army and EPA comments do not
stray into litigation-sensitive areas. Our public affairs office
is in close coordination with those at the Army and EPA.
This proposal shows real progress in dealing with this
massive site and should be publicly well-received, unless the
State criticizes it. John Marsh and Bill Ruckelshaus will call
Governor Lamm on Monday to try to win his support. Let me know
have. your thoughts regarding our role in this or any questions you may
cc: Carol E. Dinkins
Deputy Attorney General
Tex Lezar
Counselor to the Attorney General &
for Assistant Attorney General for Legal Policy
Robert A. McConnell
Assistant Attorney General
Office of Legislative and Intergovernmental
Affairs
Thomas P. DeCair
Assistant Attorney General
Office of Public Affairs
THE WHITE HOUSE
WAEHINGTON
October 24, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS JJR
SUBJECT:
Indictment Announcement
Associate Deputy Attorney General Roger Clegg advises that
the Attorney General will announce today at 2:00 p.m., in
New York, the indictment of essentially the entire leadership
of the Colombo organized crime family. The 51-count indict-
ment charges extortion, mob-control of various unions,
embezzlement of union funds, heroin trafficking, multi-million
dollar thefts, gambling, loan-sharking, and a variety of
other illegal activities. The indictment covers all three
Colombo family "bosses" of the past ten years, as well as
JUSTICE
four high-ranking "capos. If Justice has sent over a copy of
tement; thethe Attorney General statement; the attached memorandum
is up.
gives Mike Baroody a "heads up.'
Attachment
THE WHITE HOUSE
WASHINGTON
October 24, 1984
MEMORANDUM FOR MICHAEL E. BAROODY
DEPUTY ASSISTANT TO THE PRESIDENT
DIRECTOR, PUBLIC AFFAIRS
FROM:
FRED F. FIELDING
Original signed by RAH
for FFF
COUNSEL TO THE PRESIDENT
SUBJECT:
Indictment Announcement
Today at 2:00 p.m. the Attorney General will announce, in
New York, the indictment of the leadership of the Colombo
organized crime family. The 51-count indictment charges a
variety of offenses, including extortion, mob-control of
unions, embezzlement of union funds, heroin trafficking,
theft, gambling, and loan sharking. It covers the three
bosses of the family over the past ten years as well as
four high-ranking "capos."
Attached ALLUIDEV is a, copy of the statement the Attorney General
1d until will make; it should be held until 2:00 p.m.
Attachment
FFF: JGR:aea 10/24/84
CC: FFFielding/JGRoberts/Subj/Chron
THE WHITE HOUSE
WASHINGTON
October 24, 1984
MEMORANDUM FOR MICHAEL E. BAROODY
DEPUTY ASSISTANT TO THE PRESIDENT
DIRECTOR, PUBLIC AFFAIRS
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Indictment Announcement
Today at 2:00 p.m. the Attorney General will announce, in
New York, the indictment of the leadership of the Colombo
organized crime family. The 51-count indictment charges a
variety of offenses, including extortion, mob-control of
unions, embezzlement of union funds, heroin trafficking,
theft, gambling, and loan sharking. It covers the three
bosses of the family over the past ten years as well as
four high-ranking "capos." "
Statement
Attached is a Genera copy of the statement the Attorney General
10 until will p.m. make; it should be held until 2:00 p.m.
Attachment
FFF: JGR:aea 10/24/84
CC: FFFielding/JGRoberts/Subj/Chron
10/24/84
STATEMENT BY ATTORNEY GENERAL WILLIAM FRENCH SMITH
Today a federal grand jury in Manhattan has indicted the
entire leadership of the Colombo Family, one of this city's five
organized crime families. The federal indictment charges massive
racketeering offenses, including widespread extortion in the con-
struction and restaurant industries.
The 51-count federal indictment charges extortion and
payoffs, mob control of key labor unions, embezzlement of union
funds, trafficking in heroin and other drugs, multi-million
dollar thefts, illegal gambling, loansharking, and bribery.
Named in the indictment are 11 leaders, members and associates of
the Colombo Family, including all three of the "bosses" who have
Family's .controlled or-direoted the Family's illegal activities over the
four of thlastgtenayears, aspwell as four of the high-ranking "capos."
The case is unique because it reveals an organized crime
family's deep infiltration into major portions of this city's
economy. The indictment charges that the Colombo Family controls
no fewer than seven key union organizations -- specifically identi-
fied in the indictment -- and that it thereby strongly influences
both the construction and the restaurant industries in this city.
The indictment identifies the Colombo Family as a criminal enter-
prise. It states that the Colombo Family operates in New York
and other parts of the United States. It sets forth the struc-
ture and full range of criminal activities of the Colombo Family.
And the indictment charges that, "The Colombo Family used its
control of various labor unions to demand and receive payoffs
- 2 -
from employers and prospective employers of members of the various
unions and to steal money from the unions. Fear of violence,
labor troubles, and disruption of sources of supply induced the
employers to pay the sums demanded."
This indictment marks a major advance in our battle against
organized crime, a battle now being waged against the "bosses"
and "capos" themselves. It is one of the very few times in the
history of law enforcement that the entire top echelon of a major
organized crime family has been charged in a single federal indict-
ment. Although this case is especially significant because it
strikes at organized crime's grip on important commercial en-
OI
the deavors, it is also part of the larger effort. It takes on added
u
importance because of our other major successes in the fight
recently, against organized crime recently, including numerous drug and
racketeering indictments of top figures and our unprecedented
joint operations with Italy against organized crime and drug
trafficking.
As I stated yesterday before the President's Organized Crime
Commission, at no time in our nation's history have so many leaders
of organized crime families been indicted or convicted. Moreover,
at no time have so many of these leaders found themselves in
prison serving time. During the past four years the leadership
of organized crime families in Philadelphia, Detroit, Cleveland,
New Orleans, Los Angeles, Kansas City, Milwaukee, and Denver has
been immobilized. Syndicates in ten cities have been forced to
rely on second-level leadership as a result of our efforts.
- 3 -
The indictment I am announcing today is new and dramatic
proof of our success in throwing the full force of law enforce-
ment against the mob -- and using the full range of enforcement
tools available to us, including undercover operations and more
than 30 court orders approving electronic surveillance. This
case results from some three and one-half years of excellent work
by the numerous components of the Justice Department -- including
the Federal Bureau of Investigation, the Criminal Division, the
Organized Crime Strike Force in Brooklyn, and the United States
Attorney's Office for the Southern District of New York. We are
especially indebted to the New York City Police Department and
Commissioner Benjamin Ward for outstanding assistance. The investi-
gation benefited greatly from the coordination and cooperation
within the Justice Department and between our Department and the
New York City-Police Department. To continue the effort with
maximum effectiveness, the case will be prosecuted by attorneys
from the U. S. Attorneys' Offices in both Manhattan and Brooklyn.
Today's indictment emphasizes that the purpose of the
Colombo Family -- like other families in La Cosa Nostra -- is to
inspire fear in people outside the Family. It also demonstrates
something else: however fearful the aims and practices of the
mob may seem, the mob itself has something new to fear from law
enforcement. The mob is no longer untouchable. We are pursuing,
prosecuting, and imprisoning the leaders of organized crime. And
we intend to continue -- and strengthen -- these efforts.
11/6 Class report
Chings desegnation care : at asked for resume to
petition for reh + reson en bave. File on
Frilay.
Cory Edwards atall mander excluded from NCIC:
Crime two center. Staffer excluded because
rubcom resented to full corm; wrong nativale.
FACA problem; FBI publibly wrong.
GAO promiement matter. Ah advised ago to
ignore law. (Like will
so mothy Hill by found letter.
GAO can hald my K.
10:55
FFF advised, 11/6 10:55 a.m.
THE WHITE HOUSE
WASHINGTON
November 13, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS OFR
SUBJECT:
Laker Antitrust Investigation
The Deputy Attorney General will call your office today
to set up a meeting with Justice, State, and you on the
Justice Department's plans concerning the Laker antitrust
investigation. Roger Clegg telephoned me at Mrs. Dinkins's
request to let you know why such a meeting must be held.
The Department of State would like to hold up Justice's
planned indictments to see if the United States and Great
Britain can negotiate an agreement on future air fares.
Justice considers such a plan an ill-advised intrusion of
economic policy planning on the prosecutorial function.
en Dam, Alle Dinkins, Paul McGrath, Ken Dam, Allen Wallis (Under
conomic Affa Secretary of State for Economic Affairs), and you would be
Dam also warinvited to the meeting. Dam also wants to invite McFarlane
not von but Dinkins would +rather not -- you will have to make that
call.
U.S. Department of Justice
Office of
The Deputy Attorney General
Washington, D.C. 20530
November 19, 1984
TO:
John Roberts
Associate Counsel to the President
FROM:
Roger Clegg RC/erc
Associate Deputy Attorney General
Per your request, here are some back-
ground materials that may be useful to you
regarding OSI and the KGB. As an additional
note, Mark Richard said that he thought the
VFW itself was split on its resolution
(Jewish veterans in particular opposed it) ;
he is not sure that even those who voted
for it really understood it.
U.S. Department of Justice
Criminal Division
MMR:CLGittens:be
Typed: 10/23/84
Exec Sec 4100214425
Office of the Deputy Assistant Attorney General
Washington, D.C. 20530
Honorable Jeremiah Denton
Chairman
Subcommittee on Security
and Terrorism
Committee on the Judiciary
United States Senate
Washington, D.C. 20510
Dear Mr. Chairman:
This is in further response to your letter of September 25,
1984, written on behalf of James P. McDonald of New York and the
TEI.
TnreeStudents ofothe-Latvian Center, Three Rivers, Michigan,
-source econcerning thesusepoftSoviet-source evidence by this Department's
tions se0fficebofpSpecialiInvestigations (OSI) in the prosecution of Nazi
he United wartcriminals residing in the United States.
Mr. McDonald stated in his letter that "[t]he Office of
Special Investigations has the sole function of ferreting out
Americanized refugees of East European origin" and cited as an
example the case of United States V. Demjanjuk. He also wrote
that "[OSI] refuses to reveal its budget
While the overwhelming majority of East European Displaced
Persons who came to the United States in the years following the
Second World War were law-abiding and decent people (and often
themselves victims of persecution), a few have been exposed as
Nazi collaborators who engaged in persecution. Most of these
latter persons are accused of engaging in acts of persecution in
territory now incorporated into the USSR. Any effective
investigation of these cases would require examining documents
held in Soviet archives and taking the testimony of Soviet
citizens who witnessed the events in question.
Let me say most emphatically that there is no special
relationship between the KGB and our Office of Special
Investigations. In locating and gathering evidence concerning
these cases, whether in Soviet territory or any other country in
the world, OSI contacts are made through established State
Records (146-2-47-P.5)
Exec Sec (2), 4416 Main
OLIA (2), 1603 Main
Richard, 2113 Main
AM
Gittens, 200 HAM
OSI Chron, 200 HAM
Honorable Jeremiah Denton
Page 2
Department channels. Requests for judicial assistance by OSI -
to whatever country in the world - are approved and transmitted
via the State Department in Washington, D.C., to the cognizant
United States Embassy where, in accordance with established
diplomatic procedures, the request is forwarded to the host
country. Response to the request is returned to OSI through the
same established diplomatic channels.
Soviet-supplied evidence used by OSI is, in fact, closely
scrutinized and evaluated by the government, defense counsel, and
the courts. American procedures and laws provide ample oppor-
tunity to uncover fabricated or tainted evidence. Our rules of
evidence and procedure provide the safeguards to prevent miscar-
riages of justice. Soviet-produced evidence in whatever form
must pass muster under the strict rules of reliability and
veracity that American courts apply to all evidence.
Our courts are well equipped to rule on the concerns raised
by Mr. McDonald et al. Indeed, the vast majority of courts which
have addressed the use of Soviet-source evidence have confirmed
that our reliance on this evidence is not misplaced and that OSI
scrupulously follows the letter and spirit of federal rules and
procedures.
have upheld Manyojudicial decisions have upheld the government's use of
these Nazi Soviet-sourcerevidence in these Nazi war criminal cases; I would
everal sulikestofprovidesyou with several summaries of rulings on this
issue expressed by different courts:
United States V. Linnas, 527 F.Supp. 426 (E.D.N.Y. 1981),
aff'd, 685 F.2d 427 (2d Cir. 1982), cert. denied, 102 S.Ct. 179
(1982).
Linnas was found to have been the commandant of a concen-
tration camp in Estonia. The trial court relied upon pre-trial
photographic identifications made by Soviet witnesses and
credited another Soviet witness who mentioned Linnas by name as
having been involved in the operation of the camp. Judge Mishler
noted that the Soviet testimony was corroborated by documentary
evidence that had been scrutinized by an expert document examiner.
The defense was unable to come forward with any proof that any
of the government's evidence offered at trial, either testimonial
or documentary, was incredible or inauthentic in any respect.
The Sixth Circuit Court of Appeals affirmed the ruling in all
respects and specifically noted that the Soviet-supplied documents
and Soviet testimony were properly admissible under our laws of
evidence and procedure. Writ of certiorari was denied by the
Supreme Court.
Honorable Jeremiah Denton
Page 3
United States V. Koziy, 540 F.Supp. 25 (S.D. Fla. 1982),
aff'd February 27, 1984, 11th Circuit, No. 82-5749.
Koziy was stripped of United States citizenship due to his
wartime service in the Ukrainian police and membership in a
movement hostile to the United States. The district court
accepted videotaped deposition testimony and documents provided
by the Soviet Union. Defendant challenged the Soviet evidence in
his appeal but the circuit court rejected his argument, ruling
that the Soviet documentation was fully admissible under the
Federal Rules of Evidence.
United States V. Demjanjuk, 518 F.Supp. 1362 (N..D. Ohio
1981) aff'd 680 F.2d 32 (6th Cir. 1982), cert. denied. 102 S.Ct.
447 (1982).
Demjanjuk was found to have been a guard at the Treblinka
death camp and was stripped of United States citizenship. The
district court relied upon documents provided by the Soviet
Union, the originals of which were examined by experts who found
nothing to suggest that they were forged. At no time during the
trial was any evidence introduced to substantiate defense
icspeculations of forgery. The decision was affirmed in all
mirt
fnserespectstandethe/Supreme Court refused to review the decision.
ach, 513 Sunn United States vesOsidach, 513 F.Supp. 51 (E.D. Pa. 1981).
United States V. Palciauskas, 559 F. Supp. 1294 (M.D. Fla.
1983).
In both of the aforementioned cases, the courts specifically
ruled that the deposition testimony taken in the Soviet Union was
taken in conformity with the Federal Rules of Civil Procedure and
therefore admissible. Likewise in both cases, the courts found
that the presence of Soviet procurators did not impede or flaw
the depositions. In Osidach, the defendant himself authenti-
cated Soviet-supplied documents.
In their letter, the Students of the Latvian Center referred
to United States V. Kungys and quoted an excerpt from the
decision in that case to illustrate a point. For your
information, the Kungys court also held that the government was
"substantially justified" in relying upon "written protocols or
statements" supplied by Soviet officials in initiating and
prosecuting the case. 575 F.Supp. 1210. Judge Debevoise also
concluded "that notwithstanding its loss of the [Kungys] case,
the government was substantially justified in instituting and
prosecuting it." 575 F.Supp. 1208, 1211 (D.C.N.J. 1983) denial of
attorney fees and expenses).
Honorable Jeremiah Denton
Page 4
It might be of interest to you to know that for the seventh
consecutive year, the House Committee on the Judiciary has
specifically earmarked funds in the authorization bill for the
Office of Special Investigations and for fiscal year 1985, the
bill authorizes $3.275 million for OSI. This information has
always been given to anyone who asks.
The Attorney General is deeply committed to ensuring that
the Department of Justice pursues these investigations with great
dedication and vigor. The cost involved is a small price to pay
to assure that those who participated in Nazi atrocities (and
concealed their past actions from officials when they sought to
enter the United States or become citizens) are brought to
justice.
Congress expressly directed the Department of Justice to
investigate and prosecute these matters and we are carrying out
that directive in accordance with sound American prosecutorial
practices providing full protection to the accused.
I trust that the foregoing answers your concerns and
adequately provides you with sufficient background information to
Mr.
MeDona
respond to the concerns of Mr. McDonald and the Students of the
Latvian Center. Do not hesitate to write if I can be of further
assistance.
Sincerely,
Sincerely,
Mark M Richard
Deputy Assistant Attorney General
Criminal Division
United States Senate
RECEIVED
COMMITTEE ON THE JUDICIARY
ACT 4 1984
WASHINGTON, D.C. 20510
STROM THURMOND, S.C., CHAIRMAN
CHARLES McC. MATHIAS, JR., MD.
JOSEPH R. BIDEN, JR., DEL
PAUL LAXALT, NEV.
EDWARD M. KENNEDY, MASS.
JEREMIAH DENTON, ALA., CHAIRMAN
ORRIN G. HATCH, UTAH
ROBERT C. BYRD, W. VA.
ORRIN G. HATCH, UTAH
PATRICK J. LEAHY, VT.
ROBERT DOLE. KANS.
HOWARD M. METZENBAUM, OHIO
JOHN P. EAST, N.C.
HOWARD M. METZENBAUM, OHIO
ALAN K. SIMPSON, WYO.
DENNIS DECONCINI, ARIZ.
JOHN P. EAST, N.C.
PATRICK J. LEAHY, VT.
JOEL S. LISKER CHIEF COUNSEL AND STAFF DIRECTOR
CHARLES E. GRASSLEY, IOWA
MAX BAUCUS, MONT.
JEREMIAH DENTON, ALA.
HOWELL HEFLIN, ALA.
ARLEN SPECTER, PA.
VINTON DEVANE LIDE, CHIEF COUNSEL AND STAFF DIRECTOR
DEBORAH K. OWEN, GENERAL COUNSEL
SHIRLEY 1 FANNING, CHIEF CLERK
MARK H. GITENSTEIN, MINORITY CHIEF COUNSEL
25 September 1984
GENERAL
DEPUTY ATTORNEY
U.F.CE
Mr. Robert A. McConnell
Assistant Attorney General for
Legislative Affairs
U.S. Department of Justice
10th and Constitution Avenue, N.W.
Washington, D.C. 20530
Dear Mr. McConnell:
Enclosed please find letters from Mr. James P. McDonald
of New York and the students of the Latvian Center in Three
Rivers, Michigan, concerning war criminal cases brought
against Baltic Americans.
tters and send Blease review the letters and send your findings to my
on Socuri staff Tat the Subcommittee on Security and Terrorism, 198
lding.
I oRüsselirSenate Office Building. I would appreciate any
assistance you can give in this matter.
Sincerely,
Juimish Data
Jeremiah Denton
United States Senator
JD:cj
CC: Mr. James P. McDonald
Arvids Bolsteins
RECEIVE
#36
N
D
U.S. DEPARTMENT OF JUSTICE
am
CRIMINAL DIVISION
Dec. Unit 20
Office of Enforcement Operations
COI
August 1, 1984
Hon. Jeremiah Denton
United States Senate
Washington, D.C. 20003
1984 AUG -6 AM li
Dear Senator Denton:
First, please allow me to congratulate you on your very moving book. The painful
and harrowing experiences that you related made it difficult for me to read more
than onea chapter at a time. Nevertheless, it tells a graphic lesson and should be
prescribed reading in our schools.
As an ex-WWII Carrier sailor, I am dismayedathat we continue to allow our POWs
to languish in Viet, Korean and Chinese cages or work camps. If I were one of those
men, I would be devastated that my country had forgotten me. In my humble opinion,
we should forget the endless diplomatic paper shuffling and get down to what the enemy
really understands - Harsh economic sanctions and maneuvers, If it is true that the
Russians supplied most of the weapons and tactical know-how to the enemy, then, let us
put economic pressure on the Russians, and let them put pressure on their erstwhile
allies. I truly believe that the Russian government could not continue to operate
without our economic and industrial aid, aside from what they purloin,
At any rate, Senator Denton, my principal reason for writing is to ask for your
111
LOI
chelp in-algrave matter that bodes ill for the United States if the problem is not
geti recti fied. The Office of Special tigations, an appendage of the Department of
time
of Justice and created during the regime of one James Earl Carter, has the sole function
Rees of
of ferreting out Americanize refugees of East European origin who are alleged to be
ting
the ex-Nazis, hand deporting 'or extradi I would have no quarrel with the apprehen-
sion of these men, now in their 60s. 70s and 80s, if they really were Nazi.killers and
butchers. However, it is my understanding that the sole authority for these allegations
is none other than the Russian KGB Secret Police. For a gross example, in the landmark
John Demjanjuk case, recently concluded in Federal District Court, Cleveland, Ohio,
the KGB admitted to their falsification of documents utilized by the OSI to bring
ex-Ukrainian refugee Demjanjuk to trial. Our "American" Chief Judge in that Court, one
Frank Battisti, admitted that he knew that the main accusatory instrument, an identity
card, had been deliberately altered and was fraudulent, Yet, astonishingly, he accepted
the false card to strip Demjanjuk of his citizenship, and then use the same "evidence"
to order him to be deported to Russia. John Demjanjuk's options are now limited to
suicide or execution. An Appeal to the Immigration Board is now all that stands between
this human-being and his fate,
But, what implications! A precedent has now been established that false evidence,
said fraud being known by both Judge-Prosecutor and the Prosecution. is acceptable in
a United States Courtroom. I must add that the foundation for this idiocy was established
by former Rep, Elizabeth Holtzman, in her infamous "Holtsman Doctrine", which precludes
Trial-by-Jury, our most cherished right, for people alleged to be ex-Nazis. I am at a
loss as to how she slipped this bill through Congress without one single Congressman
challenging it, especially on the question of definitions.
At this point, Senator Denton, I must express my feeling that you are our most
patriotic Senator. I say this because of your wartime experiences and your first hand
knowledge of our devious enemy: and my reading of your feeling about the sanctity of
home, family, church and our beloved country.
2
Therefore. I take the liberty to ask you: Is it possible for you to call for a
Public Hearing on the public scandal known as the OSI? This apparat operates as an
authoritarian dictatorship; it refuses to reveal its budget, already described by a
South Florida Federal Judge as "incredible"; it refuses to describe its methods of
operation; it does admit that it consorts (on a deferential level) with its Masters
in Moscow; and, in effect, for all practical purposes, it is a soviet nest planted in
the middle of our Department of Justice.
The fact that the OSI is not adverse to the use of hearsay and fraudulent "evidence"
to persecute and convict innocent American citizens appalls me. As a citizen, voter,
taxpayer and combat veteran, I feel that I have a just right to request a Public Hearing.
And. of course, Senator Denton, your power as a United States Senator cannot be
ignored or dismissed by this insolent bureau, the Justice Department or the Attorney
General,
I am very grateful for your consideration of my request. For corroboration and
additional, overwhelming information on these persecution matters, I should like to
refer you to Mr. John Demjanjuk's Buffalo Attorney, He is:
Mr. Mark J. Connor
510 Brisbane Building
Buffalo New York 14203
Bus, Phone: (716) 854-2836; Hours 1 PM till late
589-0888: (AM)
Home Phone: (716) 689-0888: (AM)
be happy to Connor will be happy to provide you with documentation and
witnesses to substantiate my tatements and also to aid in the Public Hearing. He will
visit TO even brief you on his Tuenli ghtening visit to the Russian Embassy where the Russians
haughtily and contemp tuously admitted to their falsification of Demjanjuk's I.S. card,
and his subsequent visit to FBI Headquarters. It is assumed that Mr. Webster turned
over his material to the OSI since he has had no communication from the FBI in the
past two months.
I should be most grateful for your comments,
Respectfully and sincerely yours,
James Harvey James P. D. P.UlcDonald McDonald Morin VFW Post 2940
American Legion Post 735
144 Sharon Drive
West Seneca, New York 14224
P.S. My interest in this case, and the OSI, stems from the fact that I worked as
an official of the U.S. Displaced Persons Commission in Germany, circa 1950-53.
As an investigator, I was and am very sure that we did not approve of immigration
applications of ex-Nazis or ex-communists!
searty
LATVIAN CENTER
LATVIESU CENTRS
SUMMER HIGH SCHOOL
GAREZERS
After August 22,1984
57732 LONE TREE RD., THREE RIVERS, MI 49093
c/o Arvids Bolsteins
3425 North 93rd Street
/616/
Milwaukee, WI 53222
Office-biroja
244-5441
Vidusskola
SEP
August17,1984
244-8281
Bernu nometne
Ambulance
244-8448
Dzintaros
244-8291
The Honorable Strom Thurmond, Chairman
Saimniekam
Commitee in the Judiciary
244-5943
U.S. Senate
Washington, D.C. 20510
Dear Mr. Chairman:
We are writing to express our concern and dismay about
an issue within your Committee's jurisdiction that has been
increasingly affecting not only the Latvian American com-
munity, but other East European ethnic communities through-
out the country as well. The U.S. Justice Department, in
red
Nazi
war
the pursuit of alleged Nazi war criminals in the U.S., has
=>
clearly entered into a deep relationship with certain Soviet
pursuit
of
eviderinstitutions in the pursuit of evidence against such persons.
nisve = dominant
That the Soviet KGB plays a dominant role in that relationship
by those with
would be denied only by those with a false understanding of
the Soviet system.
We neither condone nor defend those who rightfully
would be found guilty of war crimes based on clear and un-
prejudiced evidence. Neither, however, can we understand
how the Senate and the Administration can condone the Justice
Department's reliance on Soviet KGB evidence, whether in
relation to this issue or others.
To illustrate from one of the war criminal cases brought
against a Baltic American, in September of 1983 in New Jersey,
U.S. District Judge Dickinson R. Debevoise stated in his
decision on United States vs. Juozas Kungys:
"If the (U.S.) gevernment deputizes a totalita-
rian state to obtain for it evidence to be used
in a United States court, the government must
take whatever steps are necessary to ensure that
the evidence was not coerced or otherwise tainted
by improper pressures. The government has not ful-
filled its responsibilities in this case."
We doubt that the above is an isolated example of the
Justice Department's methods in these processes. The en-
closed articles are only three with which we have become
familiar that bear on this issue.
Letter to Senator Thurmond - page 2
Mr. Chairman, neither the Senate nor the Administration
during the past years have taken any steps to investigate the
questionable methods used by the Justice Department to gather
evidence against the alleged Nazi war criminals. The integrity
and credibility of the Department's efforts are comprised by the
association with the Soviets. And it hardly does justice to the
American legal system.
We, the undersigned, are students at the ethnic Latvian
summer high school near Three Rivers in Michigam. It is a sum-
mer devoted to learning about past and present Latvian culture
and history and about the principles of democracy and justice.
While deeply cognizant of our heritage, the values we share as
Americans lead us to present these issues to you.
We would be most appreciative of an early response.
Respectfully yours,
30329 Guntis tis Licis
Missicsauga,
0:303215t.1Malo Circle, Mississauga, Ont. L5N IT.
Canada
Canada
Indulis devans
27W754 Hickory In., W. Chicago, IL
Peters Grava
1616 Sheridan Rd. S., Euclid, OH 44121
Selga Michele
1414 E. Rochdale Pl., Chicago, IL 60615
Unita Ansmite
13868 Maple Ave., Orland Park, IL 60462
Inga Rineka
6518 Belmeadow Dr., Middleburg Hts., OH 44130
Daina Spalvina
12895 N. Linden In., Parma, OH 44130
Vil Ositis
P.O. Box 426, Orinda, CA 94563
Letter to Senator Thurmond - page 3
Alebris Kins
1719 N. Fern Ct., Chicago, IL 60614
Arnis Vigants
2850 Alvarado Ln., Plymouth, MN 55447
Andris Runka
2650 Pinesboro N.E., Grand Rapids, MI 49505
Daina Jauntirans
1942 Patti In., Schererville, IN 46375
Beatrise Revelina
6509 Trumbull St., Lincolnwood, IL 60645
Erika Avotins
2019 Joanne, Troy, MI 48084
student Couneil Representative
vistina Students
;
II
"1009 Manchester, Westchester, IL 60153
Birs Smitchears
4724 Romence Rd., Portage, MI 49081
Andris Abols
3443 Grand Forks Rd., Mississauga, Ont. I4Y 3N1
Canada
Ben Hinhle
117 Northview Rd., Ithaca, NY 14850
Dains Jigeris
8117 Imperial Circle, Lincoln, NE 68506
Edgars Segzdins
25080 Valley Rd., Lombard, IL 60148
Octurs Ziemelis
6061 Beechwood Dr., Haslett, MI 48840
Roberts Nonell
6941 Washburn Ave., Richfield, MN 55423
Anita Freimane
2403 E. Sherwood Rd., Arlington Hts., IL 60004
Letter to Senator Thurmond - page 4
Markus Brants
52 May Ave., Richmond Hill, Ont. I4C 3S6
Canada
auita Kalains
1374 Tyneburn Cresc., Mississauga, Ont. I4X 1P8
Canada
Ernests Magries
261 Aldercrest Ave., Hamilton, Ont. L9B 1L7
Canada
Lisa Vetra
6745 N. Kostner Ave., Lincolnwood, IL 60646
These Pavare
70 Cobane Terrace, West Orange, NJ 07052
mara Razda
3761 N. Shore Dr., Eau Claire, WI 54703
4
annolde Sensione Fircolnshire, II. 14Wellington Ct., Lincolnshire, IL 60015
Maris Livis
3032 St. Malo Circle, Mississauga, Ont. L5N IT2
Canada
Rides
109 Romefield Circle, Thornhill, Ont. L31 387
Canada
Ablis Purs
1836 N.W. 38th St., Gainesville, FL 32605
Riga Catneece
5510 Blaisdell Ave. So., Minneapolis, MN 55419
tama Radyins
rudent council Representative
2902 N. 44th St., Milwaukee, WI 53210
Raura markerics
13801 Hamerslay Dr., Bath, MI 48808
Erik Blumberg
1016 N. Delphia, Park Ridge, IL 60068
Martin have
9358 N. Shermer Rd., Morton Grove, IL 60053
Letter to Senator Thurmond - page 5
Andra Nollendorfs 121 South Owen Dr., Madison, WI 53705
student Council Representative
Larisa stolcers
4654 Fillmore St. N.E., Minneapolis, MN 5542:
Marta Sheipa
7012 Church St., Morton Grove, IL 60053
Janis Velhme
741 Manchester Ave., Westchester, IL 60153
astricle set
12 North Oval, Hamilton, Ont. L8S 3Y6
Canada
Korijs Auots
33 Don Valley Dr., Toronto, Ont. M4K 2Y1
Canada
4949 Huralds Ave Roberznieter 064949 N. Karlov Ave., Chicago, IL 60630
20 Code Peters Staslco 20 Courtstown Rd., Nepean, Ont. K2H 5B2
Canada
Renate Muceniece 21555 Mtka. Blvd., Greenwood, MN 55331
Dna Pillandere
21 Long Meadow Dr., New City, NY 10956
andreja Vesta
547 Woodward Ave., Jackson, MI 49201
Paul Kahins
4435 Morame Ridge Ln., Dayton, OH 45429
Dainis Kalnino
2653 Grandview Ave., Des Moines, IA 50317
STUDENT COUNCIL REPRESENTATIVE
Silvia Trepaskalns
3627 S. 85th St., Milwaukee, WI 53228
Eduards Misters
1706 Burning Bush In., Mt. Prospect, IL 6005
Letter to Senator Thurmond - page 6
Ruta B. Antons
5708 Hawkes Terr., Edina, MN 55436
Karlin Celle
962 Westmont Ct., San Jose, CA 95117
Nilma Bolstins
3425 N. 93rd St., Milwaukee, WI 53222
Elmains Ositis
Student council rep.
P.O. Box 426, Orinda, CA 94563
Richard Krumins
56 Henry St., Manchester, CT 06040
Pauls Skostins
3310 Fernside, Midland, MI 48640
Erika Bo Avena swa. WT 54941 R.R. 1. Box 670, Manawa, WI 54941
Baiha Franklin
36 Fiesta Dr., Joliet, IL 60432
silvija Vinters
1057 Viscount Rd., London, Canada N6K 1H6
Laura Smidchena
4724 Romence Rd., Portage, MI 49081
Anita fegeris
34 Stanley Ave., Hamilton, Ont. L8P 2L1
Canada
Ronalds Subris
8041 Meadow Lane, Indianapolis, IN 46227
Laura Londa
1533 Crabtree In., Deerfield, IL 60015
student counsil REPRESENTATIVE
VKDA MATUJÉRICA
31 Orlon Cr., Thornhill, Ont. L4S 1S4
Canada
TUARS OLTE
314 Hilldale Dr., Ann Arbor, MI 48105
Letter to Senator Thurmond - page 7
Kristaps Hinkle.
117 Northview Rd., Ithaca, NY 14850
Laris Vigants
2850 Alvarado In., Plymouth, MN 55447
Maruta Kelere
1437 Westwood Ave., Lakewood, OH 44107
Klandijs Hillmans
1706 Lawerence In., Newport Richey, FL 33552
Lausa Saleniers
326 Elm St., Glenview, IL 60025
Vando Dauksts
3433 Perry Ave. S.W., Wyoming, MI 49509
52 Karlis-Bite Relmont. Ont. NOT, 152 Copeland St., Belmont, Ont. NOL 1BO
Canada
Canada
Vija Upite
N82W14117 Menomonee Ave., Menomonee Falls, WI
53051
Peters albertins
1053 Alder In., Naperville, IL 60540
arms Kakulis
1120 E. Brown Deer Rd., Bayside, WI 53217
Diana Klaumane
1219 Boswell Circle, Kalamazoo, MI 49007
Daina Šmidchena
4932 N. Bell Ave., Chicago, IL 60625
Laura student Vanags
council representative
441 Village Dr. E., Carmel, IN 46032
Gunas Branti
52 May Ave., Richmond Hill, Ont. I4C 3S6
Canada
Ingida ElevanD
27W754 Hickory In., West Chicago, IL 60185
Letter to Senator Thurmond - page 8
Daina Qunerts
44 Beech Rd., Randolph, NJ 07869
liand Reinerts
44 Beech Rd., Randolph, NJ 07869
Kaija Gutnere
6173 W. Beard Rd., Perry, MI 48872
alberts Legadins
25080 Valley Rd., Lombard, IL 60148
Invido Kululin
9284 Crestwood Rd., Parma Hts., OH 44130
entra Kwmins
223 Samoset In., Schaumburg, IL 60193
7 Vinita Bunieis. NY 11804 17 John Dr., Old Bethpage, NY 11804
Erix S.
Reveide
1120 E. Brown Deer Rd., Bayside, WI 53217
Rasma Vistina
2811 Cooper, Saginaw, MI 48602
Julija Kelps
3960 Arquetto Dr., Indianapolis, IN 46236
Solveiga live
941 S. Clarence, Oak Park, Il 60304
Normands Mellardis
911 Timber Trace, Brownsburg, IN 46112
Amanda Jeya
54 Brown's Rd., Huntington, NY 11743
Sonja Bengele
1326 N. 68th St., Wauwatosa, WI 53213
Andra Spakrins
12895 N. Linden In., Parma, OH 44130
Letter to Senator Thurmond - page 9
Jamara Ristla,
16119 Clifton Blvd., Lakewood, OH 44107
Sadia Take
7221 Greenleaf Ave., Parma, OH 44130
Sandia Robeyniece,
990 Elmwood Rd., Rocky River, OH 44116
Victor Freiberg,
31 Errington Ave., Toronto, Ont. M4T 2J8
Canada
Ligita Boce,
6544 Windsor Ave., Berwyn, IL 60402
Roberts Kengis,
61 Stanley Dr., Bay City, MI 48706
23. Vacta Rozenbeig 55406 2315 29th Ave. S., Mpls., MN 55406
Edmunds Reineks,
6518 Belmeadow Dr., Middleburg Hts., OH 4413
Livia Karklika,
4063 Arborcrest Dr., Indianapolis, IN 46226
Rita Gendze,
1381 Andrews Ave., Lakewood, OH 44107
Annele Rutenberga,
911 Balboa Court, Painsville, OH 44077
Siguids
279 Hillcrest In., Fond Du Lac, WI 54935
Amanda Rozite,
3605 E. Wisconsin Ave., Appleton, WI 54911
Soluta Kalnima,
224 Tree Lane, Bloomingdale, IL 60108
aldis strandin
3058 N. Newhall St., Milwaukee, WI 53211
Letter to Senator Thurmond - page 10
airs Beldows 3430 Elizabeth
St., Columbus, IN
47203
Maris Grinbergs
1412 Aspen Ct., Burlington, Ont.
L7M 1E5 Canada
Laila Vilks
267 Hollywood Ave., Willowdale, Ont. M2N 3K8
Canada
Anna Franclin
36Fiesta Dr., Joliet, IL 60432
Linda Skomba
551 The West Mall, Apt. 1209, Etobicoke, Ont.
M9C 1G7, Canada
maraPriede
2219 Forestview Rd., Evanston, IL 60201
56825 ERIKS RIKS ARUMS ARUMSTERS. MT 490956825 Riga Dr., Three Rivers, MI 49093
Ilga Pallotis
Rt. L Box 94, Isanti, MN 55040
Eriks R. Reineks 6518 Belmeadow Dr., Middleburg Hts., OH 44130
Janie Zimisoraji
20615 Clare Ave., Maple Hts., OH 44137
Unda Gaicis
4120 N. Leamington Av., Chicago, IL 60641
1. kildiss (KILness)
57732 LONE TREE en, THREE RIVERS, MI 49093
6. Gruels
10708 Kurzeme Rd, Three Rivers, Mr. 49093
a. Hawmanis 10907 LueAs Rd. Three River Mi 4929
800 N. Main Three Rivers, ME. 49093
Letter to Senator Thurmond - page 11
Teachers and counsellors:
Sustra Septime R#2 Box 5828, Oostbarg, Wi. 53070
thise Lensa 3121 Lancaster, Stes ling Heights, Mi, 48077
Mirdsa Strans 1042 S. Elmora as, Elizabeth, N.J. 07202
Marta Cakare 742 N. Lombard, Oak Park, 2116030,
Tea Valuina 4838 N. Seeley Chicago, IL 60625
Edite Franklina 36-FIESTA DR., JOLIET, /h. 60432
anita 6.W. Rand Rd., Villa Park, IL 60181
Mára Tupese
2043 Oakland Pass, Cambridge, WI. 53523
Eduards Hots 3310 RAMSWOOD CT, GD RADIDS, M1,49503
Vhrida 2. Kelen 1437 Westwood are. Lakewood, oh. 44107
Valdemass Melicis 6515 Hillside, Indianaprin, Ind. 46220
Offerts Cauar T42 N. LOMBARD, CAK PARK ; IL 60502
1414 E Rochdale PP., Chicago, X 60615
12580 IV Gay Shore Dr, v. Miami, FL 33181
Letter to Senator Thurmond - page 12
Tvars Apalis 2207 Fulle St. Rolling Meadows, IL 60008
Vya Inese Puns 1836 n.w. 38st. Sainsville, Fl. 32605
Brigette Bangerskis
1062 Belwood Drive Highland Heights Ohio 44143
Linda Mara Vitins 6890 Alderley way, W. Bloomfield, Mi 48033
Ingrida Cubina 3731 Clover St. Henrietta, New York 14467
1381 Andrews Are Lanwood, 04 44107
alima Jenstis 63 Dudley st. New Britein, Ct. 06053
Arvids Director Bolsteins 3425M. 93% Wil.53222
Latvian Summer School
U.S. Department of Justice
Criminal Division
MMR: CLGittens: be
Typed: 7/30/84
Exec Sec #4072012242
Office of the Deputy Assistant Attorney General
Washington, D.C. 20530
Honorable Frank R. Lautenberg
United States Senate
Washington, D.C. 20510
Dear Senator Lautenberg:
This is in further response to your letter of June 5,
1984, addressed to the Department of State written on behalf
of Arunas Bitenas of the Lithuanian American Community, Inc.
regarding the use of Soviet-source evidence by this
Department's Office of Special Investigations (OSI) in the
investigation and prosecution of alleged Nazi war criminals
residing in the United States. Further, your constituent
expressed particular concern about the development of "an
your Letter ominous [KGB-OSI] link." Your letter was referred to this
morehensive Department for aᵢ more comprehensive reply in view of the
nature of your inquiry.
ferred to correspo Your consti tuent referred to correspondence you probably
received from Attorney S. Paul Zumbakis of Chicago who widely
distributed the same material to all members of the House of
Representatives, the White House, certain Washington-based
media, and selected syndicated columnists. Mr. Zumbakis'
goal is to halt the government's use in these cases of docu-
mentary and testimonial evidence emanating from the Soviet
Union.
Let me say most emphatically that there is no existence
of a KGB-OSI special relationship. In locating and gathering
evidence concerning these cases, whether in Soviet territory
or any other country in the world, OSI contacts are made
through established State Department channels. Requests for
judicial assistance by OSI - to whatever country in the
world - are approved and transmitted via the State Department
in Washington, D.C., to the cognizant United States Embassy
where, in accordance with established diplomatic procedures,
the request is forwarded to the host country. Response to
the request is returned to OSI through the same established
diplomatic channels. Thus, the "KGB-OSI connection" argument
or allegation inferred in your constituent's letter is
specious, to say the very least.
146-2-47-P.5
Exec Sec (2), 4416 Main
OLIA (2) 1603 Main
Richard, 2113 Main
Gittens, 200 HAM
OSI Chron, 200 HAM
Honorable Frank R. Lautenberg
Page 2
Our rules of evidence and procedure provide the safe-
guards to prevent miscarriages of justice. Soviet-produced
evidence in whatever form must pass muster under the strict
rules of reliability and veracity that American courts apply
to all evidence. Our courts are well equipped to comprehend
and rule on the issues raised by your constituent. Indeed,
the vast majority of courts which have addressed the use of
Soviet-source evidence have confirmed that our reliance on
this evidence is not misplaced and that OSI scrupulously
follows the letter and spirit of federal rules and
procedures.
Many judicial decisions have upheld the government's use
of Soviet-source evidence in these Nazi war criminal cases,
and I would like to provide you here with several summaries
typical of rulings on this issue expressed by different
courts:
nnas, 527 F. Supp. United. States V. Linnas, 527 F. Supp. 426 (E.D.N.Y.
27 (2d Cir. 1981) caff'd 2d2 427 (2d Cir. 1982), cert. denied, 102
S.Ct. 179 (1982)
Linnas was found to have been the commandant of a con-
centration camp in Estonia. The trial court relied upon
pre-trial photographic identifications made by Soviet wit-
nesses and credited another soviet witness who mentioned
Linnas by name as having been involved in the operation of
the camp. Judge Mishler noted that the Soviet testimony was
corroborated by documentary evidence that had been scruti-
nized by an expert document examiner. The defense was unable
to come forward with any proof that any of the government's
evidence offered at trial, either testimonial or documentary,
was incredible or inauthentic in any respect. The Sixth
Circuit Court of Appeals affirmed the ruling in all respects
and specifically noted that the Soviet-supplied documents and
Soviet testimony were properly admissible under our laws of
evidence and procedure. Writ of certiorari was denied by the
Supreme Court.
United States V. Koziy, 540 F. Supp. 25 (S.D.Fla. 1982),
aff'd February 27, 1984, 11th Circuit, No. 82-5749.
Honorable Frank R. Lautenberg
Page 3
Koziy was stripped of United States citizenship due to
his wartime service in the Ukrainian police and membership in
a movement hostile to the United States. The district court
accepted videotaped deposition testimony and documents
provided by the Soviet Union. Defendant challenged the
Soviet evidence in his appeal but the circuit court rejected
his argument, ruling that the Soviet documentation was fully
admissible under the Federal Rules of Evidence.
United States V. Demjanjuk, 518 F. .Supp. 1362 (N.D.Ohio
1981), aff'd 680 F.2d 32 (6th Cir. 1982), cert. denied. 102
S.Ct. 447 (1982)
Demjanjuk was found to have been a guard at the
Treblinka death camp and was stripped of United States
citizenship. The district court relied upon documents
provided by the Soviet Union, the originals of which were
examined by experts who found nothing to suggest that they
during The twere forged. eAtonostime during the trial was any evidence
ate defense spintroduced to substantiate defense speculations of forgery.
ed in all respThesdecision was affirmed in all respects and the Supreme
the decision. Court refused to review the decision.
United States V. Osidach, 513 F.Supp. 51 (E.D.Pa.
1981)
United States V. Palciauskas, 559 F.Supp. 1294
(M. D. Fla. 1983).
In both of the above-cited cases, the courts specifi-
cally ruled that the deposition testimony taken in the Soviet
Union was taken in conformity with the Federal Rules of Civil
Procedure and therefore admissible. Likewise in both cases,
the courts found that the presence of Soviet procurators did
not impede or flaw the depositions. In Osidach, the defen-
dant himself authenticated Soviet-supplied documents.
Congress expressly directed the Department of Justice to
investigate and prosecute these matters and we are carrying
out that directive in accordance with sound American
prosecutorial practices providing full protection to the
accused.
Honorable Frank R. Lautenberg
Page 4
I trust that the foregoing answers your concerns and
adequately provides you with sufficient background informa-
tion to respond to the concerns of your constituent. Do not
hesitate to write if I can be of further assistance.
Sincerely,
Mark M Richard
Deputy Assistant Attorney General
Criminal Division
June 2 0, 1984
Dear Senator Lautenberg:
Thank you for your letter of June 5 transmitting the
comments of your constituent Arunas Bitenas about the use of
Soviet-supplied evidence in American courts in denaturalization
cases of American citizens alleged to have committed war crimes
during World War II.
Please be advised that the Office of Special Investigations
of the Department of Justice was established in 1979 at the
request of Congress to seek the denaturalization and
deportation of those individuals who are found to have entered
the United States and been naturalized by concealing their
participation in war crimes. The evaluation of all evidence)
presented in these cases, whether it originates from domestic
or foreign sources, is the responsibility of the Department of
Justice and of the courts into which it is introduced. I have
of torwartherefore fore taken the liberty of forwarding your inquiry to Mr.
e Counsel Jack Perkins Legislative Counsel of the Department of
naive replupstice for a more comprehensive reply.
If VOU Please contact ae again if you have any further questions.
Sincerely,
W. Tapley Bennett, Jr.
Assistant Secretary
Legislative and Intergovernmental Affairs
Enclosure:
Correspondence Returned
The Monorable
27
Frank R. Lautenberg,
United States Senate.
Drafted:CA/OCS/CCS/EUR:CFTrOY:csh
06/14/84
x23444
Doc. ID# 6075c Clearances:CA/OCS/CCS/EUR:HEOdom
CA/OCS/CCS:CADiPlacido
CA/OCS:VPenner
L/CA:JHergen (draft)
H:RLuaces
FRANK R. LAUTENBERG
SENATE OFFICE SUIPPING
NEW JERSEY
R#0078-0855 0855
WASHINGTOND.C 20010
(202)224-4744
COMMITTEE ON BANK.NG.HOUSING AND
URSAN AFFAIRS
RODIND BU.DING
United States Senate
970 BROAD STHEET
NEWARK,NEW JERSEY 07102
COMMITTEE ON COMMERCE.SCIENCE
(201)645-3030
AND TRANSPORTATION
WASHINGTON. D.C. 20510
PARKADE BUILDING
COMMITTEE ON ENVIRONMENT AND
518 MARKET STREET
PUBLIC WORKS
CAMDEN.NEW JERSEY 08:02
6091757-5253
June 5, 1984
FIVED
PPT,
Department of State
Congressional Relations
2201 C Street
Washington, D.C. 20520
Dear Director:
I am enclosing a copy of a letter I have received
from Arunas Bitenas.
Please provide any information you might have
regarding this issue in order that I might be able to
respond to my constituent's inquiry. Please return the
enclosed correspondence with your report and mark the
envelope to the attention of Tom Dosh.
With best wishes,
sincerely
Sincerely,
FRL:tdb
Enclosure
re: use of Soviet evidence in American courts
to denaturalize Am citizens
146 146-2-47
JUL 25
FAIN/IAP/WI
U.S. DE
278 IN the
Dec. Unit 10
Office of Enforcement Operations
1984 JUN 11 JUN Pil 3: 5
DEPARTMENT OF STATE
O.S.J.
RECEIVED BY
2
yes
JUNGTINIY AMERIKOS VALSTYBIL LIETUVIU BENDRUOMENE
NEW JERSEY APYGARDA
LITHUANIAN AMERICAN COMMUNITY, INC.
DISTRICT OF NEW JERSEY
Hon. Senator: Frank Lautenberg
May 5,1084
353 Russell Senate Office Building
Washington, D.C. 20510
Dear Senator,
As an American citizen I am deeply outraged about the use
nan courted Soviet vidence in American courts to denaturalize American
citizens.
enien World Revil have heard on Lithuanian World Review Radio" that the
Soviet KGB works for the Office of Special Investigations.
There is no doubt that this is true, because on March 28th,
Chicago attorney Mr. Paul Zumbakis hand delivered to the Senate
Office Building documantation of an ominous link that has
developed between the Justice Department's Office of Special
Investigation and the Soviet KGB.
Why is this? Is America a Communist country? Please
look into this situation as soon as possible. What action
have you taken to investigate, and correct this matter?
Yours truly,
Animes Ban
Arunas Bitenas
Vice. Pres.
36 Second St.
Elizabeth, N.J. 07206
the
Island
yea
October 8, 1984
bee
risbane
VFW Wants Investigation refi
Of Federal Nazi
Hunters'
EXCLUSIVE TO THE SPOTLIGHT
maintain a hands-off position as to
Justice, and
By The SPOTLIGHT Staff
publicizing these shameful trials.
01 WHEREAS, the KGB, a notorious es-
Activities of the Office of Special
However, two newspapers, "The SPOT-
pionage agency created for the express
Investigations (OSI)-the official
LIGHT," 300 Independence Avenue,
purpose of spreading disinformation and
tax-funded "Nazi-hunters" of the
SE, Washington, D.C. 20003 and the
creating havoc in other lands, is famed
U.S. government-have been pro-
"Ukrainian Weekly," 300 Mont-
for the absence of veracity in its interna-
tested by the Veterans of Foreign
gomery Street, Jersey City, New Jersey
tional adventures. The KGB currently
Wars (VFW). A resolution condem-
07302, have run a series of articles on
furnished the OSI doctored tapes and
JOHN DEMJANJUK
ning the persecution of naturalized
these trials and pending trials; a witness
so=called "witnesses" and "victims" of
Harassed by OSI.
American citizens on "evidence"
who participated in this type of trial in
the Americanized refugees even though
provided by the Soviet secret police
federal court, Westbury, Long Island
events in question occurred some 40
the federal courts for any violation of
testified as to the stripping of citizenship
was passed at the VFW's National
years ago. Harassment and persecution
the immigration and nationality statutes
and ordered deportation of an aged
of Americanized citizens by the OSI us-
Convention in Chicago on August
of the United States, and
Estonian refugee who had been
ing Russian [Soviet] "evidence" has
20.
BE IT FURTHER RESOLVED, that
Americanized; and a Buffalo attorney,
been so intense that at least two former
the United States Senate be petitioned
Submitted by James P. Donald of
Mark J. O'Connor, 510 Brisbane
refugees have committed suicide, and
through proper channels, to immediate-
West Seneca, New York, a member of
Building, Buffalo, New York 14203, is
others are threatening suicide rather
ly launch an open inquiry into the entire
VFW Post 2940, the resolution reads as
defense counsel in the John Demjanjuk
than be deported to Russia [the USSR]
affairs of the Office of Special Investiga-
follows:
trial currently being conducted in federal
or Israel, which was not even a nation
tions covering all aspects of its activities,
WHEREAS the Office of Special In-
court, Cleveland, Ohio, and
during World War 11, NOW
both in the United States and external to
vestigations, an appendage of the U.S.
WHEREAS, the Office of Special In-
THEREFORE
the United States in such a manner that
Department of Justice, was created by
vestigations, which henceforth we shall
BE IT RESOLVED that the Veterans
the American people may be enabled to
President Carter's administration for
refer to as the OSI, has freely admitted
of Foreign Wars of the United States re-
be thoroughly and completely informed
the purpose of deporting and/or ex-
that its chief source for denouncements
quest of President Ronald Reagan that
about the Office of Special Investiga-
traditing naturalized American citizens
of American citizens through frequent
an immediate and full inquiry be con-
tions and thereby be able to determine
who were formerly refugces from Com-
deferential consultations in Moscow is
ducted into the affairs of the Office of
whether such activities are in the best
munism and are now accused of being
the Russian [Soviet] Secret Police, also
Special Investigations to determine
security interests of the United States,
Nazi collaborators; it is composed
known as the KGB. In effect, the OSI is
whether the civil rights of any persons
especially in these troubled times where
primarily of many lawyers and has
the willing and subservient, official
have been violated, and whether in all
threats exist that could break the fragile
unlimited financial resources, and
American government tool of the Rus-
instances the full scope of due process in
truce now prevailing between free
WHEREAS, for the most part, the
sian [Soviet] empire strategically placed
law has been provided to all individuals
peoples and the leaders of Red
U.S. press has mysteriously chosen to
in the offices of the U.S. Department of
targeted by, investigated by, or tried by
totalitarianism.
ADVERTISEMENT
ADVERTISEMENT
U.S. Department of Justice
Criminal Division
Typed 9/12/84
MMR:CLGittens:be
Exec Sec 4082013209
Office of the Deputy Assistant Attorney General
Washington. D.C. 20530
SEP 14 1984
Honorable Alfonse D'Amato
100 State Street
Federal Building
Rochester, New York 14814
Dear Senator D'Amato:
This is in further response to your note of August 17, 1984,
written on behalf of George Malachowsky regarding this Depart-
ment's investigation and prosecution of Nazi war criminals
by the Office of Special Investigations (OSI). Mr. Malachowsky,
t he obtecwho madehitgquitenclear that he objected to the government's use
n these ceofsSoviet-source evidence in these cases, also stated that OSI is
GB and workingeopenlyawithhthel{KGB and] has provided anarchistic
and civilpromotion of ethnic hatreds and civil unrest."
First, let me say most emphatically that there is no
existence of a KGB-OSI special relationship. As you can imagine,
the search for evidence in these cases extends to many parts of
the world and many investigations do inevitably lead to the
Soviet Union where eyewitnesses live today and where some
critical documents can at times be located. As prosecutors, our
function is to assess the evidence - including its source - and
on the basis of all relevant factors, determine whether it is
reliable. If we determine that any piece of documentary evidence
is authentic and reliable, we cannot ignore it simply because it
is housed in a Soviet archive. Likewise, we cannot dismiss or
ignore relevant and credible testimony simply because the witness
lives in the Soviet Union.
In locating and gathering this evidence, whether in Soviet
territory or any other country in the world, OSI contacts are
made through established State Department channels. Requests for
judicial assistance by OSI - to whatever country in the world -
are approved and transmitted via the State Department in
Washington, D.C., to the cognizant United States Embassy where,
Records (146-2-47-P.5)
Exec Sec (2), 4416 Main
OLIA (2), 1603 Main
Richard, 2113 Main
Gittens, 200 HAM
OSI Chron, 200 HAM
Honorable Alfonse D'Amato
Page 2
in accordance with established diplomatic procedures, the request
is passed on to the host country. Response to the request is
returned to OSI through the same established diplomatic channels.
Soviet-supplied evidence used by OSI is, in fact, closely
scrutinized and evaluated by the government, defense counsel, and
the courts. American procedures and laws provide ample oppor-
tunity to uncover fabricated or tainted evidence. Our rules of
evidence and procedure provide the safeguards to prevent
miscarriages of justice. Soviet-produced evidence in whatever
form must pass muster under the strict rules of reliability and
veracity that American courts apply to all evidence.
Our courts are well equipped to comprehend and rule on the
concerns raised by your constituent. Indeed, the vast majority
of courts which have addressed the use of Soviet-source evidence
have confirmed that our reliance on this evidence is not mis-
placed and that OSI scrupulously follows the letter and spirit of
federal rules and procedures.
Many judicial decisions have upheld the government's use of
these Noz: Sovietesourcecevidence in these Nazi war criminal cases; I would
ith severallikembo provide cyouchere with several summaries typical of
essed by difubings onuthis issue expressed by different courts:
as. 527 F.Supp. United States v98Linnas, 527 F.Supp. 426 (E.D.N.Y. 1981),
aff'd, 685 F.2d 427 (2d Cir. 1982), cert. denied, 102 S.Ct. 179
(1982).
Linnas was found to have been the commandant of a concen-
tration camp in Estonia. The trial court relied upon pre-trial
photographic identifications made by Soviet witnesses and
credited another Soviet witness who mentioned Linnas by name as
having been involved in the operation of the camp. Judge Mishler
noted that the Soviet testimony was corroborated by documentary
evidence that had been scrutinized by an expert document
examiner. The defense was unable to come forward with any proof
that any of the government's evidence offered at trial, either
testimonial or documentary, was incredible or inauthentic in any
respect. The Sixth Circuit Court of Appeals affirmed the ruling
in all respects and specifically noted that the Soviet-supplied
documents and Soviet testimony were properly admissible under our
laws of evidence and procedure. Writ of certiorari was denied by
the Supreme Court.
Honorable Alfonse D'Amato
Page 3
United States V. Koziy, 540 F.Supp. 25 (S.D. Fla. 1982),
aff'd February 27, 1984, 11th Circuit, No. 82-5749.
Koziy was stripped of United States citizenship due to his
wartime service in the Ukrainian police and membership in a
movement hostile to the United States. The district court
accepted videotaped deposition testimony and documents provided
by the Soviet Union. Defendant challenged the Soviet evidence in
his appeal but the circuit court rejected his argument, ruling
that the Soviet documentation was fully admissible under the
Federal Rules of Evidence.
United States V. Demjanjuk, 518 F.Supp. 1362 (N..D. Ohio
1981), aff'd 680 F.2d 32 (6th Cir. 1982), cert. denied. 102 S.Ct.
447 (1982).
Demjanjuk was found to have been a guard at the Treblinka
death camp and was stripped of United States citizenship. The
district court relied upon documents provided by the Soviet
Union, the originals of which were examined by experts who found
nothing to suggest that they were forged. At no time during the
roduced to trial any evidence introduced to substantiate defense
The specula fifordery. The decision was affirmed in all
burt refuserespectsiand the Supreme Court refused to review the decision.
ach, 513 F. Supp United States 980sidach, 513 F.Supp. 51 (E.D. Pa. 1981).
United States V. Palciauskas, 559 F. Supp. 1294 (M.D. Fla.
1983).
In both of the aforementioned cases, the courts specifically
ruled that the deposition testimony taken in the Soviet Union was
taken in conformity with the Federal Rules of Civil Procedure and
therefore admissible. Likewise in both cases, the courts found
that the presence of Soviet procurators did not impede or flaw
the depositions. In Osidach, the defendant himself authenti-
cated Soviet-supplied documents.
In his letter, Mr. Malachowsky refers to a speech he
attended in Rochester, New York, presented by Mr. Neal M. Sher,
Director of our Office of Special Investigations. Your
constituent says that he "found [Mr. Sher] ready and willing to
do a good job on Ukrainians with his vengeance, arrogance and
total rudeness." Mr. Sher vividly recalls that speech in
Rochester and can assure you that while he is a strong advocate
of OSI and its mission, at no time did he cast aspersions upon
Ukrainian or any other ethnic groups.
Fonorable Alfonse D'Amato
Page 4
Congress expressly directed the Department of Justice to
investigate and prosecute these matters and we are carrying out
that directive in accordance with sound American prosecutorial
practices providing full protection to the accused.
I trust that the foregoing adequately provides you with
sufficient background information to respond to the concerns of
your constituent. Do not hesitate to write if I can be of
further assistance.
Sincerely,
Mark M Richard
Deputy Assistant Attorney General
Criminal Division
RECEIVED
1984
RIMINAL DIVISION
United States Senate
August 17, 1984
BANK
Respectfully referred to:
Department of Justice
Congressional Liaison
Constitution and 10th Street, N.W.
C. 20530
Washington, D.C. 20530
146-2-47
146-2-47
Because of the desire of this office to be
responsive to all inquiries and communications,
your consideration of the attached is
requested. Your findings and views, in
duplicate form, along with return of the
enclosure, will be appreciated by
Dec. Unit 10
Office of Enforcement Operations
O.S.I.
W Conste
U.S.S.
Form #2
George just Malachowsky
just
60 Edmonds St.
Rochester, N.Y. 14607
The Honorable Alfons
1981
PU
Ama
21
AM
12:
39
Senate Office Building
Washington, D.C. 20510
SEPUTY
Dear Senator D'Amato:
CENERAL
I have no quarrel with the aims of the Office of Special
Investigations(OSI). Nazi war criminals should be ferreted out
and brought to justice. But I do take issue with the use off
Soviet-supplied evidence in American courts against members of a
nation or nations) that is staunchly anti-Soviet. Thus I am very
dissatisfied with Neal Sher, head of Justice Department's Office
of Special Investigations OSI.
In explaining his position on the use of Soviet-supplied
evidence against Ukrainians and Baltic peoples, Neal Sher argues
that Soviet-supplied documents and depositions are essential to
to the prosecution and deportation, in his considered opinion,
they are unimpeachable. I suppose it would be like asking to
Klansman to bring evidence against a Black. Incidently, I did
meet with Neal Sher when he came to Rochester as a quest speaker,
and found him ready and willing to do a good job on Ukrainians
and
with his vengeance, arrogance and total rudeness.
The authenticity of Soviet-supplied documents, whether original
SO be clossi Vcertified copies must also be closely examined. While Mr.
Sher has been to Moscow six times (If one is not in accord with
would the wishes of Moscow, then he would never be there six times),
and doing a pas de deux with the Soviets, the U.S. State Depart-
ment has issued a report about Soviet didinformation rife with
examples of duplicity, outright forgery and fabrication of
materials.
As bounty hunters with a federal license and unlimited
public funds, the O.S.I. is now acting with the plenary power
of the United States government. Working openly with the
Russian Committee for State Security, the 0.S.I. has provided
official route paved for Russian intrigue, disinformation and
fraud as well as anarchistic promotion of ethnic hatreds and
civil unrest.
During our time, and especially during the second World
War, there was an ethnological war going on in the Soviet Empire.
This encompassed the non-Russian aspirations for freedom and
and self-determination vs. the relentless assault on freedom by
the imperial Russians. This was the secret and hidden war which
was the basis of World War Two. The aspirations for national
liberation from Muscovites resulted in the formation of the
Ukrainian Division, Baltic legions, the Turkestanian Division,
the Cossack legions, Byelorussian brigades, etc.
Those who survived the secret war of liberation from the
Russians, came to the United States under a displaced persons
act. Others not so fortunate were sent back to Stalin for
"REPATRIATION".
Many of these patriots came to the United States under the
Displaced Persons Act in order to escape the tyranny of forced
patriation after Yalta. They have been loyal citizens for
decades as well as outspoken opponents of Russian despotism in
any form, be it Marxism, Sovietism, Monarchism, Russification.
Today, These patriots are under violent attack by the
U.S. Tax-funded arm of the Committee for State Security, and the
O.S.I. and its quite work under the Holtzman Doctrine.
Therefor, Sir, I strongly urge you to create a commission
of inquiry to illuminate the quiet work of the Office of Special
Investigation, and in particular the Soviet-supplied evidence
from the Office of the Procurator of the U.S.S.R. and the
Soviet Committee for State Security.
Very truly yours,
P.S. The Russian KGB is working
to create ethnic hatreds, especially
people who know /
truth regarding the trucand.
real History of the "Russnan Empare