217
Subscription
|
Fed. R. Crim. P. 6(c), provides, among other things, that the
foreperson
of the grand jury "shall sign all indictments." This requirement
is satisfied
by his signature below the endorsement, "A True Bill." Jones v.
Pescor,
169 F.2d 853, 855 (8th Cir. 1948). The fact that by inadvertence
the indictment
is unsigned when handed to the clerk is not fatal where the
foreperson appears
thereafter in open court and signs it in the presence of the grand
jury.
See United States v. Long, 118 F. Supp. 857 (D.P.R.
1954).
Fed. R. Crim. P. 7(c), provides that the indictment and
information "shall
be signed by the attorney for the government." If the attorney for
the
government refuses to sign, which is within his or her discretion,
there is no
indictment. This provision of Rule 7 recognizes the power of
government counsel
"to permit or not to permit the initiation of a prosecution."
See
United States v. Cox, 342 F.2d 167 (5th Cir.), cert.
denied, 381
U.S. 935 (1965); In Re Grand Jury January, 1969, 315 F.
Supp. 662 (D.Md.
1970). See also United States v. Adu, 82 F.3d 119,
123 (6th Cir.
1996).
Fed.R.Crim. P. 54(c), defines the phrase "attorney for the
government" to
include "the Attorney General, an authorized assistant of the
Attorney General,
[and] an authorized assistant of a United States Attorney." An
indictment may
be signed in the name of the United States Attorney by an assistant
who is
authorized to sign the United States Attorney's name. See
Wheatley
v. United States, 159 F.2d 599 (4th Cir. 1946); United
States v.
Funkhouser, 198 F. Supp. 708 (D.Md. 1961), opinion
adopted, 299
F.2d 940 (4th Cir.), cert. denied, 370 U.S. 939, reh'g
denied, 371
U.S. 854 (1962). In turn there is nothing impermissible in having
a high ranking
Justice Department official's signature on an indictment.
See United
States v. Climatemp, Inc., 482 F. Supp. 376 (N.D. Ill. 1979).
The fact that the name of the attorney for the government is
typewritten
does not affect the indictment when the question is not raised
before trial.
See Wiltsey v. United States, 222 F.2d 600 (4th Cir.
1955). The
courts have reasoned that the signature of the United States
Attorney, like the
caption, is not a part of the indictment and serves only to
evidence the
authenticity of the indictment and the government's consent to
prosecution. The
manner in which it is signed is therefore not such a defect as
would invalidate
the indictment.
| |