Full opinion text
OPINION WORTENDYKE, District Judge: The Nine Count Indictment, filed in this case on February 23, 1967, has been made the target of over forty pretrial motions in behalf of the ten several defendants charged therein. By way of general introduction to the succeeding nine Counts into which the offenses charged against the defendants are divided, the Indictment alleges that, at all times mentioned therein, Walter Zirpolo was Mayor of the Township of Wood-bridge, New Jersey, and a voting member of the Planning Board thereof, and Robert E. Jacks was a Committeeman representing the Third Ward of the Township, a voting member of its governing body, and, subsequent to January 1, 1964, President of its Municipal Council. Jacks was also the owner of a single proprietary business in the municipality. Colonial Pipeline Company (hereinafter Colonial) was a Delaware corporation, with principal offices in Atlanta, Georgia. Karl T. Feldman was Executive Vice President, Glenn H. Giles was Manager of Construction and Ben D. Leuty was President of Colonial. Rowland Tompkins Corporation, formerly known as Rowland Tompkins & Son, Inc., was a New York Corporation, and Howard Tompkins and Ralph A. Bankes (unindicted co-conspirators) were respectively President and Vice President of that corporation. Bechtel Corporation (hereinafter Bechtel Corp.) was incorporated in the State of Delaware, but had its principal office in San Francisco, California; and Harry F. Waste, Robert L. Bowman and William L. J. Fallow (unindicted co-conspirators) were respectively Vice President and employees of Bechtel Corp. Gates Construction Corporation (hereinafter Gates Const. Corp.) and Gates Equipment Corporation (hereinafter Gates Equip. Corp.) were New Jersey corporations, and Robert S. Gates (an unindicted co-conspirator) was President of those corporations. In Count 1 the Grand Jury charges that between January 1, 1963 and December 31, 1964 the defendants Zirpolo, Jacks, Colonial, Giles, Feldman, Leuty and Rowland Tompkins Corporation, together with Howard Tompkins and Ralph A. Bankes (who are not named as defendants in the Indictment) knowingly, wilfully and unlawfully combined and conspired with each other, and with a representative of Rowland Tompkins Corporation, to commit certain offenses against the United States of America in violation of 18 U.S.C. § 1952 in that: “[T]he defendants and said co-conspirators would travel and wilfully cause others to travel in interstate commerce and * * * use and wilfully cause others to use facilities in interstate commerce, including telephones and the mails, * * * with the intent to promote, manage, establish and carry on and facilitate the promoting, managing, establishing and carrying on of an unlawful activity, * * * being the obtaining of a building permit by bribery of officials of the Township of Woodbridge, New Jersey, in violation of * * * N.J. S. 2A:93-6, * * It is further alleged that, as parts of said conspiracy, Colonial would request the assistance of Zirpolo in obtaining a building permit from the Township of Woodbridge, New Jersey, for erection of 22 petroleum storage tanks within the Third Ward of the Port Reading Section of said Township; Zirpolo would inform Colonial that its application for the building permit would be opposed by residents of the area for which the permit was sought; and that Colonial would agree not to file its application for the building permit until after the November 5, 1963 elections, in which Zirpolo was a candidate for reelection as Mayor, for the reason that Zirpolo and Jacks had promised their constitutents that no additional petroleum tanks would be erected in that section of the municipality. The Indictment further alleged that, as an additional part of the conspiracy complained of, Zirpolo would arrange for a meeting by Colonial’s employee Stewart with Jacks at the latter’s place of private business in Woodbridge, and that Jacks would inform Stewart that the then existing municipal government administration of Woodbridge could, if reelected, aid Colonial in securing its building permit after the November 5, 1963 election, without which aid Colonial’s building application might be defeated because of opposition of the residents of the Port Reading Section of the municipality which had been expressed at a public hearing before the Planning Board thereof. It is further charged that it was also a part of the conspiracy that Jacks would, on behalf of himself, Zirpolo and other persons unknown to the Grand Jury, solicit from Colonial, through its employee Stewart, the sum of $50,000 as a campaign contribution in return for aiding Colonial after the November 5, 1963 elections in securing a building permit from the Township over the opposition of the objecting residents of the Port Reading Section of the municipality. The Indictment also charged that it was a part of the conspiracy that defendants Giles, Feldman and Leuty, acting in behalf of Colonial, would agree among themselves, and with other persons to the Grand Jury unknown, to transmit the sum of $50,000 from the office of Colonial in Atlanta, Georgia, to Zirpolo and Jacks in Woodbridge, New Jersey, and to other persons to the Grand Jury unknown, for the purpose of procuring the assistance of Zirpolo and Jacks in .obtaining the building permit from the Township. It was also a part of the conspiracy that Colonial, Giles, Feldman, Leuty, Rowland Tompkins, Zirpolo and Jacks, and the unindicted co-conspirators Tompkins and Bankes, together with a representative of Rowland Tompkins, would agree among themselves, and with divers other persons to the Grand Jury unknown, to travel in interstate commerce and to use and to cause the use of facilities therein, including the mails and the telephone, for the purpose of transmitting the aforesaid $50,000 from Colonial’s office in Atlanta, Georgia to the office of Rowland Tompkins in Hawthorne, New York, and thence to Zirpolo and Jacks in Woodbridge, New Jersey, in three installments; that the first payment of $20,000 would be due on or about November 6, 1963; the second payment of $15,000 would be due after a building permit had been issued to Colonial by the Township of Woodbridge, and that the third payment of $15,000 would be due after a certificate of occupancy had been issued to Colonial by the Township. It is finally alleged that it was further a part of the conspiracy that the defendants would make and cause to be made false and fictitious documents, and would perform other acts, for the purpose of hiding and concealing, and causing to be hidden and concealed, the purpose of, and acts done in furtherance of the conspiracy, in violation of 18 U.S.C. § 371. Following the foregoing allegations of conspiracy, the Indictment particularizes a series of nineteen (19) overt acts, commencing on or about August 16, 1963 and terminating on or about November 27, 1964. Counts 2 through 5 set out the substantive offenses charged against the defendants in connection with the Count 1 conspiracy. Each of these substantive offenses allegedly involved travel in interstate commerce, use of interstate facilities and the transmission or attempted transmission of the sums of money referred to in the conspiracy allegation from Colonial, through various other hands, to the defendant Jacks. The substantive offenses alleged are charged as being violative of 18 U.S.C. §§ 1952 and 2. Count 6 of the Indictment charges that between January 1, 1964 and December 31, 1964, the defendants Zirpolo, Jacks, Colonial, Giles, Bechtel Corp., Gates Const. Corp., Gates Equip. Corp. and Harry F. Waste, Robert L. Bowman, William L. J. Fallow and Robert S. Gates (unindicted co-conspirators) knowingly, wilfully and unlawfully combined and conspired with each other, and with others unknown to the Grand Jury, to commit certain offenses in violation of 18 U.S.C. § 1952 by traveling and causing others to travel in interstate commerce, and by using and causing others to use interstate facilities, with the intent to promote the unlawful activity of obtaining easements by bribery of officials of Woodbridge Township in violation of N.J.S. 2A:93 — 6, N.J.S.A. The Indictment further alleges that, as parts of this conspiracy, Colonial, acting through its employee, Fred Stewart, would solicit advice and assistance from Zirpolo in arranging for the proposed purchase of easements through Woodbridge by Colonial on land owned by the Township; that Zirpolo would agree to meet with Stewart at Zirpolo’s office at the Menlo Park Shopping Center, Edison, New Jersey but that instead, Zirpolo would arrange for Stewart to meet with Jacks at the above-mentioned location. At that meeting, Jacks, on behalf of himself, Zirpolo and unknown others, would solicit $100,000 from Colonial as a condition for obtaining the sale of easements through property of Woodbridge Township. As an additional part of the conspiracy, it is alleged that Giles, Feldman and Leuty, acting for Colonial, would confer and agree to transmit $60,000 from Colonial to Zirpolo and Jacks to obtain their assistance in securing the sale of the easements. It is further alleged that in furtherance of the Count 6 conspiracy, the defendants and unindicted co-conspirators named in that Count would agree to travel and to cause others to travel in interstate commerce and to use and to cause the use of interstate facilities for the purpose of arranging for the payment of $60,000 by Colonial to Zirpolo and Jacks in Edison, New Jersey; that in furtherance of same, arrangements would be made for a transfer of $20,000 in cash from Bechtel Corp.’s New York office to its New Jersey headquarters, and thence to Zirpolo and Jacks. It is further alleged that arrangements would be made to utilize interstate commerce and facilities to effect the transfer, by means of false and fraudulent invoices, of $84,800, in two equal installments, from Colonial through Bechtel Corp., Gates Const. Corp. and Gates Equip. Corp., for the purpose of transmitting $40,000 in two equal payments to Zirpolo and Jacks. Finally, it is alleged that the defendants would make, and cause to be made, false and fictitious documents and would perform other acts to hide the purpose of, and acts done in furtherance of the conspiracy, all in violation of 18 U.S.C. § 371. The Indictment then reveals a series of twenty-three Overt Acts between February 12, 1964 and December 18, 1964 allegedly committed in furtherance of the alleged conspiracy. Counts 7, 8 and 9 recite the substantive offenses allegedly committed in connection with the Count 6 conspiracy. These Counts allege three separate instances of transferring the amounts referred to in the conspiracy Count from California to New Jersey in violation of 18 U.S.C. §§ 1952 and 2. The offenses charged in this Indictment center around 18 U.S.C. § 1952 which provides that: “(a) Whoever travels in interstate or foreign commerce or uses any facility in interstate or foreign commerce, including the mail, with intent to — •* * *; * * -x- * * * (3) otherwise promote, manage, establish, carry on, or facilitate the promotion, management, establishment, or carrying on, of any unlawful activity, and thereafter performs or attempts to perform any of the acts specified * * * shall be * * * [guilty of a violation of 18 U.S.C. 1952]. (b) As used in this section ‘unlawful activity’ means * * *, or (2) extortion, bribery, or arson in violation of the laws of the State in which committed or of the United States.” At all times relevant to the allegations of the Indictment in this case N.J.S. 2A:93-6, N.J.S.A. provided as follows: “2A:93-6. Giving or accepting bribes in connection with government work, service, etc. Any person who directly or indirectly gives or receives, offers to give or receive, or promises to give or receive any money, real estate, service or thing of value as a bribe, present or reward to obtain, secure or procure any work, service, license, permission, approval or disapproval, or any other act or thing connected with or appertaining to any office or department of the government of the state or of any county, municipality or other political subdivision thereof, or of any public authority, is guilty of a misdemeanor.” CLAIMS OF GILES, FELDMAN AND LEUTY TO STATUTORY IMMUNITY The defendants Giles, Feldman and Leuty have moved to dismiss the Indictment upon two grounds: (1) each of these defendants is immune from prosecution by virtue of the immunity provisions of § 601 of the Landrum-Griffin Act, 29 U.S.C. § 521; and (2) each of said defendants is immune from prosecution by virtue of the immunity provisions of the Interstate Commerce Act, 49 U.S.C. § 46. The alleged immunity under the Landrum-Griffin Act is predicated upon the assertion that these defendants have given testimony with regard to transactions, matters and things covered by the Indictment, in obedience to a subpoena in a labor investigation conducted by the Secretary of Labor and officers designated by him, which comprehended possible violations of the Landrum-Griffin Act. That assertion is not in accordance with fact, and the situation disclosed in United States v. Weber, 255 F.Supp. 40 (D.N.J.1965) aff’d sub nom. United States v. Fisher, 384 U.S. 212, 86 S.Ct. 1453, 16 L.Ed.2d 479 (1966) is not only not identical with that in the case at bar but is clearly distinguishable therefrom. The difference between the cases is to be found at page 45 of the District Court’s Opinion in the statement that: “The Court does not mean to say that the United States Attorney had no right to subpoena Fisher or to conduct an investigation outside of the search for L.M.R.D.A. violations. If the subject matter of Fisher’s testimony was anti-fraud then immunity would not necessarily attach unless it was a direct outgrowth of the testimony. See Heike v. United States, 227 U.S. 131, 33 S.Ct. 226, 57 L.Ed. 450 (1913) * * * and Monia * * * [United States v. Monia, 317 U.S. 424, 63 S.Ct. 409, 87 L.Ed. 376 (1943)].” Section 601 of the Landrum-Griffin Act, 29 U.S.C. § 521, empowers the Secretary of Labor to conduct an investigation whenever he believes it necessary to determine whether any person has violated or is about to violate certain provisions of the Act. Subsection (b) of 29 U.S.C. § 521 makes 15 U.S.C. §§ 49 and 50 the controlling statutory sections to be applied in producing information and testimony during the course of such an investigation. 15 U.S.C. § 49 provides, in pertinent part, that: “No person shall be excused from attending and testifying or from producing documentary evidence before the [Federal Trade Commission] * * or in obedience to the subpoena of the commission on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to criminate him or subject him to a penalty or forfeiture. But no natural person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he may testify, or produce evidence, documentary or otherwise, before the commission in obedience to a subpoena issued by it: * * *» The Grand Jury investigation which resulted in the Indictment in the case at bar involved no violations of the Landrum-Griffin Act over which the Secretary of Labor had any jurisdiction. On the contrary, that investigation related to alleged violations of 18 U.S.C. § 1952, 18 U.S.C. § 1951 and 29 U.S.C. § 186. The immunity provided by 29 U.S.C. § 521(b) and 15 U.S.C. § 49 can arise in favor of a person who has testified or produced evidence, documentary or otherwise, in obedience to a subpoena issued by or on behalf of the Secretary of Labor. Neither the Secretary of Labor nor any of his designees ever issued a subpoena either ad testificandum or duces tecum to any of the defendants in the case at bar who is presently moving for a dismissal of the Indictment. There never was any grand jury labor investigation within the purview of the Landrum-Griffin Act. In 1961 it was discovered that there had been a wholesale embezzlement of labor union funds in the pipeline construction industry. As interstate pipeline construction crossed state lines, the same labor force was usually retained by the contractor throughout the work. This would frequently involve the intrusion of members of labor union locals into the territorial jurisdiction of members of other locals. This would require that the foreign local member would be required to pay “dobie” fees to the local having jurisdiction over the territory in which the foreign local member worked. Representatives of the Secretary of Labor discovered that some of these “dobie” payments were not being turned in to the Treasury of the local into whose territory the payor had intruded, but were being embezzled by the agent of the local union who had collected the “dobie”. Because no records were kept of the receipt of the “dobie” payments by the collectors, it was difficult, if not impossible, to discover the embezzlements. Therefore, the investigators of the Labor Department endeavored to ascertain from the files of the employers the names of the out-of-state men who had worked on a given project within the state, and then to ascertain from' the records of the union having territorial jurisdiction over the work whether the “dobie” payments had been turned in to that local. The Labor Department instituted an investigation upon a nationwide basis which was commenced on August 28, 1964 and involved three successive steps: (1) ascertainment of the names of the contractors who had constructed the largest and the latest interstate pipelines; (2) ascertainment from the contractors’ records how much “dobie” had been checked off and (3) examination of the records of each union to determine whether the “dobie” payments had in fact been received by the intended local. This investigation revealed that Colonial was constructing an interstate pipeline from Houston, Texas to Linden, New Jersey, and that one of its subcontractors was Bechtel Corp. of San Francisco, California. The investigators were informed that Osage Construction Company of Tulsa, Oklahoma had been involved contractually in the construction of the pipeline as a subcontractor with Colonial, but that Colonial had been forced by a labor leader to rescind the contract with Osage and to let it to another subcontractor at a higher price. For the purpose of verifying this information, the investigators contacted Giles and Feldman, officers of Colonial, in the presence of an attorney for that corporation. The interview yielded verification of the information which the investigator' had obtained and also revealed that the Osage contract had been awarded to another corporation believed to be in league with the labor leader. Upon the suggestion of Feldman, the investigators consulted a private detective, who had been employed by Colonial in New Jersey, from whom further confirmation of the statements of Giles and Feldman was obtained. The foregoing information was disclosed to the Deputy Chief of the Organized Crime and Racketeering Section, of the Department of Justice, who advised the investigators that the information disclosed a possible violation of the Hobbs Act, 18 U.S.C. § 1951. The matter was then turned over to the Federal Bureau of Investigation, and the Department of Labor conducted no further investigation in the premise. Inquiry of Bechtel Corp. in San Francisco had revealed that certain members of the New Jersey Operating Engineers were being paid for 21 hours a day, six days a week, and that the recipients of this pay appeared to be union agents, several of whom had grossed more than $50,000 in less than 12 months of actual work. After the investigation by the Secretary of Labor had been relinquished and turned over to the Federal Bureau of Investigation, the office of the Attorney General by Fred M. Vinson, Jr., Assistant Attorney General in charge of the Criminal Division of the Department of Justice, on the basis of the completed F. B.I. investigation, authorized a general Grand Jury investigation into the construction of the Colonial Pipeline within New Jersey, and the Deputy Attorney General appointed Messrs. White, Stern and Goldstein, special attorneys to conduct such a Grand Jury investigation with the object of ascertaining whether there had been violations of the Hobbs Act or the Taft-Hartley Act or both. Because of the information which had already been obtained by one of the Labor Department investigators, the Department of Justice requested the loan of that investigator, in the interest of economy, to the special attorneys conducting the Grand Jury investigation. The fruits of the Grand Jury investigation, conducted by the special attorneys, resulted in Indictments for extortion and attempts to extort money in violation of the Hobbs and Taft-Hartley Acts. In addition to these Indictments, the Grand Jury returned the Indictment in the case at bar charging the defendants herein with conspiracy to violate and substantive violations of 18 U.S.C. § 1952. No violation of any labor statute which the Secretary of Labor has the authority to investigate under 29 U.S.C. § 521 was charged in that Indictment. The special attorneys of the Department of Justice designated by the Deputy Attorney General caused a special Grand Jury to be impanelled on February 14, 1966 for the purpose of investigating the possibilities of extortion in the conduct of the labor leader herein-above referred to in allegedly forcing Colonial to rescind its contract with Osage; forcing another company to pay him a substantial amount in cash in connection with the payments to union agents for fictitious services by the threat of labor unrest; and in connection with pressure allegedly put on Bechtel Corp. to award a subcontract to the Joyce Pipeline Company. Four separate Indictments were returned by this Grand Jury charging the labor leader and others with numerous Hobbs’ Act violations; but no indictment was ever returned concerning any matter which lay within the investigative jurisdiction of the Secretary of Labor, under 29 U. S.C. § 521, which he could delegate pursuant to a memorandum of understanding with any other executive department or otherwise. The defendant, Giles appeared before the Grand Jury on March 31, 1966 in response to a subpoena duces tecum directed to him as an officer and representative of Colonial to produce corporate documents. He stated that he understood that his appearance was only for the purpose of producing books and records called for in the subpoena; that he was not required to give any testimony respecting any matter whatsoever; and that if he volunteered anything, either before the grand jury or in conversation with anyone connected with the Government, either inside or without the grand jury room, he would be doing so as a matter of his own free choice and not in response to any subpoena. He was warned that he was under no obligation to speak to any Governmental employee either within or without the grand jury room but that if he did so, whatever he might say might be taken down and used in evidence. He stated that he recognized that he had the right to counsel, and admitted that he was accompanied to the door of the grand jury room by his attorney who awaited him outside the room. The following day, April 1, 1966, Giles again voluntarily appeared before the Grand Jury and, on the advice of counsel, executed a waiver of immunity. He was then again reminded of his rights and warned and reported that he had consulted with his counsel. On this occasion Giles was asked no questions concerning the subject matter of the Indictment in this case. During the month of May, F.B.I. accounting agents, in the course of examination of records of Bechtel Corp. for the Department of Justice, found a can-celled check in the amount of $20,000 which Bechtel Corp. had negotiated for cash. On May 24, 1966 one of the Bechtel Corp. bookkeepers informed the special attorneys for the Department of Justice that the check had been drawn by one Basil Licklider. On May 31, 1966, before Licklider was due to appear before the Grand Jury, his attorneys informed the special attorneys of the Department of Justice that Bechtel Corp. had given $60,000 in cash to the Mayor and Council President of the Township of Woodbridge, New Jersey on behalf of Colonial to enable Colonial to obtain certain permits and easements from the Township. This was the first information which the Government had received relating to the offenses charged in the Indictment in this case. Between May 31, 1966 and June 5, 1966 the attorneys for Bechtel Corp. conferred with the attorneys for Colonial respecting the revelations which Bechtel Corp. had made to the Department of Justice; but on June 6, 1966 the attorneys for Bechtel Corp. informed the Department of Justice that Colonial refused to cooperate and would not come forth voluntarily to disclose its connection with the subject thereof. On June 8, 1966 Giles appeared before the Grand Jury with certain books and records of Colonial, and revoked his previously executed waiver of immunity. He accordingly was released from the grand jury room without interrogation. As of this time the Government had no knowledge that Colonial had made a payment of $50,000 to Jacks and Zirpolo prior to the $60,000 payment which Bechtel Corp. had disclosed. On June 15, 1966 the attorney for Colonial advised the special Government attorneys that Colonial would not cooperate concerning the Bechtel Corp. disclosure of the $60,-000 cash payment to Woodbridge officials which was then under investigation by the Grand Jury. On June 17, 1966 the Government attorneys caused a subpoena duces tecum to be served upon Giles for the production on June 23, 1966 of certain records of Colonial including any records which reflected the payment of any money directly or indirectly by Colonial to officials of the Township of Woodbridge. It is alleged that on June 22, 1966 David T. Wilentz, Esq., an attorney representing Colonial and its employees, met with two of the special Government attorneys and revealed to them that Colonial had paid a total of $110,000 to Woodbridge officials for Colonial’s acquisition of certain building permits and that the first $50,000 thereof had been paid by Colonial through another contractor, Rowland Tompkins Corporation. Mr. Wilentz stated that he understood that none of these monies had been paid as a bribe, but that the entire $110,000 had been extorted by corrupt public officials from Colonial which, as a mere victim, had committed no crime itself. Mr. Wilentz informed the Government attorneys that it was Colonial’s desire, and that of its employees, to appear before the Grand Jury in order to document their claim of extortion. He therefore requested an adjournment of the return day of the subpoena duces tecum which had been served upon Giles until Mr. Wilentz had completed his own investigation and could present the entire matter to the Department of Justice in an organized and intelligent manner. Accordingly, the Government attorneys agreed with Mr. Wilentz to postpone Giles’ appearance under the subpoena. On June 28, 1966 Mr. Wilentz informed special attorney Stern by telephone that his investigation was complete and that Giles and one Fred Stewart would appear to testify on June 29, 1966. Mr. Wilentz requested that a grand jury subpoena be issued to Stewart. On the latter date Giles and Stewart appeared at the local office of the attorneys for the Department of Justice with two members of the law firm of Mr. Wilentz. They then informed the special attorneys that Stewart had received the first solicitation for $50,000 which had culminated in the first series of payoffs, and some months later a second solicitation for $100,000 which had culminated in the second series of payments of $60,000 which had been initially revealed by Bechtel Corp. The Government attorneys were further informed by Colonial’s counsel on this occasion that Stewart would prove that $110,000 had been extorted from Colonial as a victim, which had paid it out of fear and necessity and not as the culpable donor of a bribe. Prior to this occasion Stewart was unknown to the Government. Over the next two days Stewart and Giles, with their attorneys, spoke to the Government attorneys and attempted to convince them that they and Colonial had been the innocent victims of an extortion which had been applied by venal public officials. It was agreed, moreover, between counsel that Stewart and Giles would testify before the Grand Jury on July 1, 1966; but Stewart’s counsel requested that he be served with a grand jury subpoena. This was accomplished on June 29, 1966. Giles’ appearance was only pursuant to the subpoena duces tecum which had previously been served upon him, and the return date of which had been previously adjourned. Stewart was served with a grand jury subpoena at the request of his counsel. The subpoena which was served on Giles was neither the subpoena of the Secretary of Labor nor was it issued pursuant to 29 U.S.C. § 521. He not only testified voluntarily with ample warning and understanding of his rights but no promise of immunity was given to him by the Government attorneys. Neither Giles nor Leuty nor Feldman was ever compelled by subpoena or other means to give any testimony in a proceeding arising out of an investigation under the Interstate Commerce Act. Therefore, neither under 29 U.S.C. § 521, nor under 49 U.S.C. §§ 46, 47 or 48 did any immunity arise in behalf of Giles, Leuty or Feldman. Neither the Government special attorneys nor the Grand Jurors acted as agents of the Secretary of Labor in interrogating Giles, Leuty or Feldman. Those three defendants testified in support of their complaint in behalf of Colonial that their company had been the victim of extortion. They did not testify regarding any matter which 29 U.S.C. § 521 authorizes the Secretary of Labor to investigate by subpoena or to delegate others to investigate. Giles testified on July 1, 1966 as a volunteer and not under the compulsion of any subpoena. Leuty and Feldman testified on July 13, 1966 on their own initiative and for their own purposes, and after the subpoenas which had been issued for them had been vacated. None of these defendants testified respecting any transaction, matter or thing concerning which he had testified or produced evidence, documentary or otherwise, in any proceeding under Chapter 1 of Title 49 of the United States Code or any law amendatory thereof or supplemental thereto. Seetion 48 of the same Title expressly provides that the immunity provisions in Sections 43, 46 and 47 thereof shall extend only to natural persons who in obedience to a subpoena give testimony or produce evidence under oath. In order to permit immunity to arise in behalf of any of the defendants under the Interstate Commerce Act there must be a cause or proceeding based upon or growing out of a violation of the Act, and the witness must have been required to testify in obedience to a subpoena. The special Grand Jury which returned the Indictment in this case was not engaged in a proceeding upon or growing out of an investigation under the Interstate Commerce Act. No immunity could arise under the cited sections of the Act unless the testimony given before the Grand Jury touched in some substantial and not remote way, on the subject matter of the Interstate Commerce Act which provided the immunity. Heike v. United States, supra. See also Himmelfarb v. United States, 175 F.2d 924 (9 Cir.) cert. den. 338 U.S. 860, 70 S.Ct. 103, 94 L.Ed. 527 (1949); United States v. Wilmington Chemical Corporation, 254 F.Supp. 92 (N.D.Ill.1966). This motion is denied. MOTION BASED UPON COMPELLED APPEARANCE BEFORE THE GRAND JURY The defendants Zirpolo, Jacks, Feldman and Leuty contend that the Indictment should be dismissed as to them because they were compelled by subpoena to appear before the Grand Jury when the Government intended, upon the basis of information in its possession, to make them defendants to the Indictment sought. Their respective motions grounded upon the foregoing contentions are denied. The defendants, Zirpolo and Jacks, who were represented by counsel, refused to give any testimony before the Grand Jury when they appeared before that body. Each of them refused to sign a waiver of immunity, was fully apprised of his rights, refused to testify and was excused from the jury room. No attempt was made to coerce either of these defendants into waiver of his Fifth Amendment rights, nor was either Zirpolo or Jacks threatened with removal from his respective municipal office. The investigation in which the Grand Jury was engaged to which these defendants were subpoenaed was a “John Doe” investigation. Having been warned of their constitutional rights not to testify, the Government’s intention to prosecute these defendants does not render their appearance before the Grand Jury efficacious to impair the validity of the Indictment against them. United States v. Winter, 348 F.2d 204 (2 Cir.) cert. den. 382 U.S. 955, 86 S.Ct. 429, 15 L.Ed.2d 360 (1965). The additional fact that the particular Government attorneys assisting the Grand Jury had been informed that the defendants Zirpolo and Jacks did not wish to appear before the Grand Jury and, if forced to do so, would invoke their Fifth Amendment privilege does not call for a different result upon this application. See United States v. Leigh-ton, 265 F.Supp. 27, 36 (S.D.N.Y.1967) and United States v. Pilnick, 267 F. Supp. 791, 798 (S.D.N.Y.1967). Although compelled to appear before the Grand Jury by subpoena, neither Jacks nor Zirpolo was compelled to testify. Leuty and Feldman appeared and testified before the Grand Jury on advice of counsel, voluntarily and with full warning of their constitutional rights. The motions of these defendants to dismiss the Indictment because they appeared before the Grand Jury are denied. MOTIONS TO DISMISS UNDER RULE 12(b), F.R.CR.P. In addition to the several motions for dismissal under F.R.Cr.P. 12(b) which are treated separately in this Opinion, all of the defendants seek dismissal of the Indictment under Rule 12(b) of the Federal Rules of Criminal Procedure on one or more of the following grounds: (1) 18 U.S.C. § 1952 was not intended to apply to the type of activity charged in this Indictment. (2) The conduct charged in this Indictment does not fall within the boundaries of federal criminal jurisdiction and prosecution, by virtue of the Tenth Amendment, is reserved to the State of New Jersey. (3) Counts 1 and 6 (Conspiracy Counts) are fatally defective since they charge a conspiracy to commit a joint offense, namely, bribery. (4) The activity charged does not constitute a violation of N.J.S. 2A:93-6; moreover, the allegations of the Indictment do not adequately charge a violation of that statute. (5) Paragraphs 1 through 16 of that Indictment are not incorporated in any Count thereof, and the failure to do so renders the various Counts insufficient. (6) Counts 1 and 6 of the Indictment are duplicitous in that they allege, respectively, two and three separate conspiracies rather than a single conspiracy per Count. (7) Counts 2 through 5 are also inadequate in that each alleges multiple offenses. (8) Counts 2 through 5 and 7 through 9 are insufficient in light of 18 U.S.C. §§ 2 and 1952 since they fail to allege that the persons who traveled in interstate commerce did so with the intent to promote an unlawful activity, and further the Counts fail to allege that the persons who so traveled thereafter performed acts in furtherance of the unlawful activity alleged. (9) The Indictment is defective since it fails to allege that Jacks had knowledge of either the interstate character of the activities alleged or the use of interstate facilities. (10) The Indictment fails to allege a specific “mens rea” to commit bribery. (11) Count 6 of the Indictment was amended and, no showing having been made that the Grand Jury voted on same, the Indictment must be dismissed. This Opinion has already comprehensively reviewed the charges in the indictment in this case. The movants contend that the type of alleged bribery set out therein was never intended by Congress to be embraced by the terms of 18 U.S.C. § 1952. Defendants urge that both the title of the statute, “Interstate and foreign travel or transportation in aid of racketeering enterprises” and its legislative history, indicate that the statute was intended to proscribe only that unlawful use of interstate channels which furthered illegal racketeering business operations, and was not intended to reach allegedly unlawful utilization of interstate commerce and facilities which was in furtherance of legitimate business activities. It is true, no doubt, that the main purpose in enacting Section 1952 was to attempt to curb the pollution of interstate commerce by elements of organized crime. However, neither the title of this Section nor its legislative history can be relied upon to limit the coverage of the explicit language of its text. Subdivision (3) of subsection (a) of Section 1952 prohibits the promotion, management, establishment, and carrying on of any unlawful activity or the facilitating of same. In defining “unlawful activity” subdivision (2) of subsection (b) of that Section includes extortion, bribery or arson in violation of State law. This language is an alternative definition, clearly framed in the disjunctive, from the initial half of that set out in subdivision (1) of that same subsection which is limited to “* * * ¡business enterprisers] involving gambling, liquor * * *, narcotics, or prostitution * * *.” (Emphasis supplied.) Activity similar to that charged in this Indictment, or perhaps more accurately, equally disparate from that type of activity to which, defendants assert, Congress intended to limit the application of the statute, has been held, nevertheless, to constitute a violation thereof. See United States v. Kubacki, 237 F.Supp. 638 (E.D.Pa.1965) ; United States v. Parzow, 391 F.2d 240 (4 Cir. 1968) and United States v. Wechsler, 392 F.2d 344 (4 Cir. 1968). Furthermore, defendants can take little comfort from the case of .Marshall v. United States, 355 F.2d 999 (9 Cir. 1966) upon which they apparently seek to place reliance. In that case the defendants were convicted, under 18 U.S.C. § 1952, for traveling in interstate commerce to carry on the illegal activity of extortion. That Court held that a single act of extortion was sufficient to support conviction and that no “business enterprise” need be shown in connection with the extortionate activity. In referring to the legislative history of this statute a reference, which it thought unnecessary in view of the plain language thereof, the Court in Marshall, supra, nevertheless stated that: “* * * [A] fair reading of the legislative history indicates that its proponents believed the main target (but not the sole target) of the legislation, was interstate traveling to promote gambling. * * *. Lesser targets were the ‘businesses’ of traffic in liquor, narcotics and prostitution. Subdivision (2) of the § 1952(b) had a more specific target (even though perhaps a less important target): extortion, as defined by state laws. It was a single act of extortion (not necessarily a continued course of extortion) which had been accomplished or facilitated by interstate travel that the second subsection of § 1952(b) sought to prevent and punish.” Marshall v. United States, supra, at 1002. Therefore, in view of the reasons indicated above, the motion to dismiss the Indictment, on the ground that the activity alleged is not reached by the statute relied upon, must be denied. Equally unavailing to defendants is their assertion that, if 18 U.S. C. § 1952 is found to encompass the alleged activity charged in this Indictment, the case must be dismissed since the attempted exercise of such power is in excess to that delegated to Congress under the Commerce Clause of the Constitution. Additionally, movants assert that the control over the alleged activities recited in this Indictment is reserved to the State of New Jersey pursuant to the Tenth Amendment. A similar attack upon this statute was made and denied, and the constitutionality of Section 1952 upheld, in this Circuit in United States v. Barrow, 363 F.2d 62 (3 Cir. 1966) cert. den. 385 U.S. 1001, 87 S.Ct. 703, 17 L.Ed.2d 541 (1967). Other Circuits, faced with an identical proposition, have upheld Section 1952 as a valid exercise of the plenary power of Congress to ensure the integrity of interstate commerce. See United States v. Zizzo, 338 F.2d 577 (7 Cir. 1964) cert. den. 381 U.S. 915, 85 S.Ct. 1530, 14 L.Ed.2d 435 (1965); Turf Center, Inc. v. United States, 325 F.2d 793 (9 Cir. 1963) and Bass v. United States, 324 F. 2d 168 (8 Cir. 1963). Additionally as the Court, in the Marshall case, supra, 355 F.2d at p. 1004, in distinguishing Linder v. United States, 268 U.S. 5, 45 S.Ct. 446, 69 L.Ed. 819 (1925), relied upon by the defendants both there and here, stated: “Nor do we believe that § 1952 constitutes an attempt to enforce state criminal laws, and therefore is violative of the Tenth Amendment: ‘It is no objection to the assertion of the power to regulate interstate commerce that its exercise is attended by the same incidents which attend the exercise of the police powers of the states.’ ” The Tenth Amendment, of course, does not diminish the power of Congress to regulate commerce between the states. United States v. Barrow, supra, 363 F. 2d at 65. Finally, the argument that usurpation of power is evidenced by escalation of a state misdemeanor to a federal felony is plainly without merit. See United States v. Brennan, 394 F.2d 151, 153 (2 Cir. 1968). Therefore defendants’ motion to dismiss based upon their assertion that 18 U.S.C. § 1952, as applied to these facts, is an invalid exercise of Congressional power is likewise denied. The movants, with equal vigor have sought to demonstrate that there cannot be a conspiracy to commit a joint offense. In other words, say the defendants, one cannot be accused of agreeing to commit a crime and also of committing that crime where the agreement is an integral part of the substantive crime. Therefore, they assert, Counts 1 and 6 must fall since it is impossible for the crime of bribery to exist absent agreement between the giver and the receiver of the bribe to effect the transaction. However, the conspiracy charges in this Indictment are based upon violations of 18 U.S.C. § 1952 and not upon a simple agreement to commit bribery. That being so, there is more to the crime than the mere act of bribery and the conspiracy to violate the New Jersey statute against bribery by use of interstate commerce and facilities is well pleaded. See United States v. Parzow, supra, 391 F.2d at 241 and United States v. Corallo, 281 F.Supp. 24, 28 (S. D.N.Y.1968). Defendants contend that the allegations set out in the Indictment do not constitute the type of activity which N.J.S. 2A:93-6, N.J.S.A., was intended to proscribe. Even if the activities are held to fall within the terms of the statute, movants assert that the facts alleged are insufficient to charge a violation of the statute invoked. Defendants’ argument is rejected on both grounds. The statute in question N.J.S. 2A:93-6, N.J.S.A., declares that: “Any person who directly or indirectly gives or receives, * * * any money, * * * as a bribe, * * * to obtain, * * * any * * * license, permission, approval or disapproval, or any other act or thing connected with or appertaining to any office or department of the government ■ of * * * any * * * municipality * * * is guilty of a misdemean- In construing the statute, the New Jersey Supreme Court in State v. Begyn, 34 N.J. 35, 47, 167 A.2d 161 (1961), declared that: “The crime [of bribery] is committed by the mere offer as well as by the actual payment; in the latter event it is of no moment that the original solicitation may have been by the officer rather than the briber. It is not necessary that the act requested be one which the official has authority to do. Sufficient it is if he has official power, ability or apparent ability to bring about or contribute to the desired end. * * * Both the offeror and the recipient are guilty of the offense and it makes no difference whether the official action bargained for thereafter actually takes place.” The alleged activity set out in this Indictment appears to be encompassed by the definitive language used by the New Jersey Supreme Court in the Begyn case, supra. Furthermore, the state crime is said to serve only as a background identification of the unlawful activity. United States v. Wechsler, supra; United States v. Kubacki, supra; McIntosh v. United States, 385 F.2d 274 (8 Cir. 1967). The fact that the New Jersey statute which gave birth to N.J. S. 2A:93-6, N.J.S.A., was more narrow in scope than its current successor does not preclude prosecution under this statute. The Indictment alleges solicitation by one or the other of the parties and the offer of assistance involving government activity, concerning which at least apparent authority existed. Under the law that is sufficient. The motion is therefore denied. Defendants attack the Indictment for alleged formal insufficiency in that Paragraphs 1 through 16 are not incorporated into any Count of the Indictment. The absence of such incorporation, movants assert, renders each Count insufficient. The first three pages of the Indictment (paragraphs 1 through 16) describe the status and official position of the respective defendants, but those paragraphs are not expressly “incorporated by reference” in any “Count”. Movants conclude, therefore, that each “Count” is fatally deficient. The conclusion is unwarranted. The allegations of paragraphs 1 through 16 are not essential to charges of violations of 18 U.S.C. §§ 1952 and 371. Turf Center, Inc. v. United States, supra citing United States v. Debrow, 346 U.S. 374, 74 S.Ct. 113, 98 L.Ed. 92 (1953) and Hagner v. United States, 285 U.S. 427, 52 S.Ct. 417, 76 L.Ed. 861 (1932). It is the charging part of an indictment which the court may not amend. Ex parte Bain, 121 U.S. 1, 7 S. Ct. 781, 30 L.Ed. 849 (1886); Stirone v. United States, 361 U.S. 212, 80 S.Ct. 270, 4 L.Ed.2d 252 (1960); Russell v. United States, 369 U.S. 749, 82 S.Ct. 1038, 8 L.Ed.2d 240 (1962); United States v. Consolidated Laundries Corporation, 291 F.2d 563 (2 Cir. 1961). Paragraphs 1 through 16 of the Indictment embody background descriptive allegations identifying the defendants but containing no charges against any of them. They could be deleted without impairing the efficacy of the Indictment. They are not essential to the charges contained in the respective Counts of the Indictment and need not be expressly incorporated by reference therein. Defendants may move to delete them under F.R.Cr.P. 7(d). See United States v. Vazquez, 319 F.2d 381 (3 Cir. 1963). The Indictment complies with F.R.Cr.P. 7(c) because it is “a plain, concise and definite written statement of the essential facts constituting the offense [s] charged. * * *. It need not contain a formal commencement, a formal conclusion or any other matter not necessary to such statement.” Defendants’ motion to dismiss the conspiracy Counts (1 and 6) and certain substantive Counts (2, 3, 4 and 5) for duplicity must be denied. As we have pointed out ante, Counts 1 and 6 of the Indictment each charge a single conspiracy in that in each of the Counts the defendants allegedly conspired together in violation of 18 U.S.C. § 371 to violate 18 U.S.C. § 1952 by traveling and causing others to travel in interstate commerce and by using and causing others to use interstate facilities with the intent of promoting an unlawful activity; namely, obtaining building permits (Count 1) and purchasing easements (Count 6) by means of bribing certain officials of Woodbridge Township. All the other material in each of these Counts is explanatory of the means and methods utilized to achieve the objective of the conspiracy. An allegation in a single count of conspiracy to commit several crimes is not duplicitous, since the conspiracy is the crime, and that is single however diverse may be its objects. Braverman v. United States, 317 U.S. 49, 63 S.Ct. 99, 87 L.Ed.2d 23 (1942); United States v. McKenney, 181 F.Supp. 143 (S.D.N.Y. 1959) affd. 281 F.2d 908 (2 Cir. 1960) cert. den. 366 U.S. 960, 81 S.Ct. 1916, 6 L.Ed.2d 1253 (1961); United States v. Knox Coal Co., 347 F.2d 33 (3 Cir.) cert. den. 382 U.S. 904, 86 S.Ct. 239, 15 L.Ed.2d 157 (1965); Overstreet v. United States, 321 F.2d 459 (5 Cir. 1963) cert. den. 376 U.S. 919, 84 S.Ct. 675, 11 L. Ed.2d 614 (1964). The substantive offenses constituting the collective object of the conspiracy are alleged to have consisted of travel in interstate commerce and use of interstate facilities in furtherance of the conspiracy. Thus the Indictment charges a single conspiracy to travel in and employ the facilities of interstate commerce to achieve the bribery proscribed by N.J.S. 2A:93-6, NJ.S.A. Therefore the Indictment meets the criteria. of United States v. Jackson, 344 F.2d 158 (3 Cir. 1965) in that it advises the defendants of the nature and cause of the accusations sufficiently to enable them to meet the accusations and prepare for trial, and affords a basis upon which, after judgment, they may be able to plead the record and judgment in bar of further prosecution for the same offenses. The part each of the conspirators played in working toward the achievement of the object of the conspiracy is adequately disclosed in the allegations of the Indictment. Carbo v. United States, 314 F.2d 718 (9 Cir. 1963). The sufficiency of an indictment is not determined by whether the indictment alone will protect the accused against the possibility of double jeopardy, since the judgment of conviction or acquittal is a bar to further prosecution, and the entire record of all proceedings against the accused may be referred to if there is a claim that a subsequent prosecution constitutes double jeopardy. Woodring v. United States, 376 F.2d 619 (10 Cir. 1967). Movants rely, inter alia, upon Bins v. United States, 331 F.2d 390 (5 Cir. 1964) in urging that Counts 2 through 5 are duplicitous in that in each Count the defendants are charged with causing the interstate travel of more than one individual in violation of 18 U. S.C. § 1952. Following the rationale in the Bins case, supra, movants urge that the alleged duplicity requires a dismissal of these Counts since it will be impossible to ascertain from a jury verdict whether each juror concurred in all the crimes alleged in each Count. However, the Bins case, supra, is clearly distinguishable from the facts at bar. In that case the defendant was charged in each Count with submitting, on two separate occasions, two entirely different allegedly false statements to the government. The possible prejudice arising from the inclusion of both documents is obvious. As with Bins, supra, United States v. Forys, 113 F.Supp. 580 (D.R.I.1953) and United States v. Martinez-Gonzales, 89 F.Supp. 62 (S.D.Cal.1950) are factually distinguishable from the case at bar. Whether the government could have charged the defendants with a separate violation for each person whom they allegedly caused to travel in interstate commerce in violation of 18 U.S.C. § 1952 on the same date, on the same mission, and apparently in each others company is a question the Court need not decide. The analogy drawn by the Government to the construction given to the Mann Act, 18 U.S.C. § 2421, in this regard is a cogent one. See Bell v. United States, 349 U.S. 81, 75 S.Ct. 620, 99 L.Ed. 905 (1955) and Guffey v. United States, 310 F.2d 753 (10 Cir. 1962). The Government alleges that the defendant on dates certain violated 18 U.S.C. § 2 and § 1952 by allegedly causing certain interstate travel. The mere fact that the alleged effect of that causative impulse was the travel of more than one individual does not render the above-mentioned Counts duplicitous. Defendants, in a further attack upon the sufficiency of the Indictment, urge that Counts 2 through 5 and 7 through 9 are insufficient because they fail to allege essential elements of the offenses charged. Defendants contend that prosecution under these Counts will be based upon 18 U.S.C. § 2(b) in that the defendants are to be held liable for allegedly causing the doing of an act, which if performed by the one causing the act to be performed, would constitute an offense against the United States. In the present situation, movants contend, these Counts are insufficient since they fail to allege that the persons who traveled in interstate commerce did so with the intent to promote an illegal activity in violation of 18 U.S.C. § 1952 and further fail to allege that these same individuals, subsequent to their interstate travel, performed acts promoting the unlawful activity. Initially it should be noted that the Counts do allege certain subsequently performed acts which, if the proof of the Indictment be sustained, were clearly in furtherance of the unlawful activity. Criminal responsibility cannot be avoided under 18 U.S.C. § 2(b) simply on the basis that the particular agent, which the accused has selected to perform an ■act essential to the commission of the crime, was devoid of the criminal intent required to render the agent himself culpable. Such is not the law and defendants’ argument is faulty in its initial premise as a simple analysis of their argument will demonstrate. Assuming as we must for purposes of these motions, the truth of the allegations of the Indictment, an intent to violate 18 U.S.C. § 1952 is attributable to each of the defendants. That being so, under 18 U.S.C. § 2(b) the acts performed by certain individuals and attributable on a causal level to these defendants would, if performed by them, coincide with the requisite criminal intent and that interrelationship would yield a violation of 18 U. S.C. § 1952. The aider and abetter statute simply states that criminal responsibility cannot be avoided by an actor who substitutes another instrumentality to perform some element of the criminal activity even though that instrument selected lacks the “mens rea” to commit the offense charged. Defendants by twisted interpretation of the statute seek to endow the otherwise culpable principal with the absolving ignorance of his unwitting agent. However, the law is entirely to the contrary. See Pereira v. United States, 202 F.2d 830, 837 (5 Cir. 1953) aff’d 347 U.S. 1, 74 S.Ct. 358, 98 L.Ed. 435 (1954) and United States v. Leggett, 269 F.2d 35 (7 Cir. 1959). Therefore, the motions to dismiss Counts 2 through 5 and 7 through 9 for failure to allege an essential element of the offenses charged is denied. In view of the explicit language of the Indictment, the motions by the defendant Jacks to dismiss the Indictment for failure to allege a specific “mens rea” to commit bribery and for allegedly failing to charge knowledge of interstate activities and use of interstate facilities to violate 18 U.S.C. § 1952 are clearly without merit. These motions merely alter the phraseology of prior arguments, namely, the allegedly inadequate method of charging a violation of N.J.S. 2A:93-6, N.J.S.A., and the alleged inadequacies in Counts 2 through 5 and 7 through 9 regarding certain essential elements of the offense charged. Therefore, these motions are likewise denied. Defendants also contend that the Indictment must be dismissed because a handwritten amendment to Count 6 thereof, substituting the name of Bechtel Corp. for Rowland Tompkins Corporation, had not been shown to have been voted upon by the Grand Jury. The Indictment on file contains no indication of such an amendment. An affidavit filed on November 13, 1967 by Special Government Attorney Philip T. White, indicates that the Grand Jury, on February 23, 1967, considered a proposed indictment submitted by him to the body with an instruction that they could return it intact, alter or amend it in accordance with their best recollection, or refuse to return an indictment at all. Subsequently, after some deliberation the Grand Jury requested his presence and stated that, contrary to the wording of the proposed indictment, their best recollection of the facts presented was that Bechtel Corp. and not Rowland Tompkins Corporation should be charged as a defendant in the Count 6 conspiracy. Accordingly, White caused Count 6 to be physically amended and resubmitted the Indictment in its amended form to the Grand Jury. Some time later that body informed White through its spokesman that they had voted unanimously to return the Indictment as amended. Apparently the physical amendment to certain copies was done in pencil unlike the amendment to the original Indictment which was apparently effected by an erasure and retyping since the Indictment as returned and filed bears no evidence of alteration. Under these circumstances, the motion is entirely without merit and, therefore, is denied. GRAND JURY All of the defendants have moved for a dismissal of this Indictment based upon alleged defects in the impanelling of the Grand Jury. They contend that the procedure through which, by predetermination, the total number of names placed into the jury wheel is weighted 2 to 1 in favor of men’s names amounts to a systematic exclusion of and discrimination against women citing, inter alia, Ballard v. United States, 329 U.S. 187, 67 S.Ct. 261, 91 L.Ed. 181 (1946). Additionally, movants assert that further evidence, uncontroverted by the Government, indicates that contrary to the assumed purpose of the contested procedure, the result achieved was an even greater disproportion between the number of men and women on the Grand Jury panels. The Court has just recently had the occasion to decide this identical point in United States v. American Oil Co., 286 F.Supp. 742 (D.N.J. July 15, 1968). The Court can find no reason to decide this motion any differently than the one in American Oil, supra. As was said in that case: “There has been no showing of any exclusionary procedure directed at a cognizable class forming a component of a fair cross-section of the community. Both men and women are represented in substantial numbers on all jury lists, even if disproportionately. The courts have never held that a defendant is entitled to proportionate representation of cognizable groups on the list from which jury panels are selected. In fact, just the opposite is true. See Swain v. Alabama, supra at 308 and Dow v. Carnegie-Illinois Steel Corporation, 224 F.2d 414 (3 Cir. 1955). In the final analysis ‘ * * * it is doubtful whether any system could be devised to accomplish this purpose.’ United States v. Hoffa, 349 F.2d 20, 31 (6 Cir. 1965).” Therefore, the motion to dismiss this Indictment for defects in the impanel-ling of the Grand Jury is denied. DISCLOSURE OF MATERIAL BEFORE AND VOTE OF GRAND JURY Initially, certain of the defendants moved for a disclosure of the voting of the Grand Jury based upon their assertion that Rule 6, F.R.Cr.P. required that in returning a multi-count, multi-defendant indictment it was incumbent upon the prosecution to demonstrate that the requisite number of Grand Jurors voted in favor of indicting each defendant on each count in which he was charged. Defendants cited no authority that such a procedure is required by the Rule relied upon. In any event, an affidavit of Special Attorney Philip T. White was filed in this matter on November 13, 1967 in connection with a purported amendment to Count 6 of the Indictment. In s