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In Re Grand Jury
Citations: 609 F. Supp. 2d 153; 2009 U.S. Dist. LEXIS 50599; 2009 WL 1086366Docket: M.B.D. 09-10124-MLW
Court: District Court, D. Massachusetts; April 23, 2009; Federal District Court
The United States District Court for the District of Massachusetts is addressing potential violations of grand jury secrecy rules following a Boston Globe article that disclosed information about grand jury proceedings. The court, under Chief Judge Wolf, emphasizes that government officials are strictly prohibited from revealing any aspects of grand jury activities, including the identities of witnesses, as mandated by Federal Rule of Criminal Procedure (F.R. Cr. P.) 6(e)(2)(B). A breach of this secrecy can lead to contempt of court charges (F.R. Cr. P. Rule 6(e)(7)), and the court has the authority to initiate such proceedings and appoint private counsel to investigate if necessary. The article in question reported that House Speaker Robert A. DeLeo's chief of staff and a state representative appeared before a grand jury regarding state contracts awarded to the software company Cognos. The court is considering appointing a private attorney to investigate possible contempt charges due to the apparent disclosure of grand jury proceedings by unidentified government officials. The court has ordered the government to submit several documents by April 30, 2009, including a sealed list of individuals who received disclosures about the grand jury, an affidavit confirming the completeness of this list, and details about the attorneys responsible for ensuring confidentiality. Additionally, the government must provide a public affidavit and memorandum arguing against the appointment of private counsel to investigate the contempt charges related to the disclosures. Representative Lida Harkins, assistant majority leader under DiMasi, testified before a grand jury regarding a Cognos contract linked to DiMasi. Harkins, who represents Needham, has not commented on the matter. An email from the state education department indicated that she contacted them on DiMasi's behalf about the Cognos contract. DeLeo's office is fully cooperating with the U.S. attorney's investigation but will not comment on specific details to avoid jeopardizing the inquiry. Investigators are examining substantial payments made by Cognos and its sales agent, Joseph Lally, to associates of DiMasi while seeking two contracts: a $13 million contract for statewide software and a $4.5 million education contract, both requiring House Ways and Means Committee approval. The $13 million contract has since been canceled. Cognos previously received a $1 million pilot contract from the education department in 2005, which was later expanded through legislative amendments. DiMasi had emphasized the importance of these amendments to his colleagues. Eisenberg, a long-time aide to DeLeo, could provide insights into whether DiMasi or his staff influenced funding approvals. Following DiMasi's resignation, federal investigators issued a broad subpoena for documents related to the contracts. State investigators have also questioned DeLeo aide James Kennedy regarding legislation that removed the state’s cap on ticket prices, which was linked to Vitale, who has faced multiple lobbying and campaign finance violations. The U.S. attorney's office has declined to comment on the ongoing investigation.