United States of America, Plaintiff-appellee, v. Robert B. Machen, Defendant-appellant, 862 F.2d 315 (4th Cir. 1988)

The defendant, a lawyer, was convicted of obstruction of justice and witness tampering. He brought the case here with the assertion of nineteen separate claims of error.

The defendant received referral of a tax case from an agent of the Internal Revenue Service. The agent also provided assistance in the processing of the case, in violation of rules of the Service. Because of an investigation of the Revenue Agent, the defendant instructed his bookkeeper to alter some financial records. The altered documents were later submitted to a grand jury. Asked, on cross-examination, whether the documents were originals, Machen responded with a claim of his privilege against self-incrimination.

During the trial, Machen testified that he had wished to explain the altered documents to the grand jury. In response, the prosecution introduced evidence of the fact that, before the grand jury, he had claimed his Fifth Amendment privilege. Having cut off his cross-examination before the grand jury by his claim of his Fifth Amendment privilege, the defendant may not claim, before the trial jury, that he had wished to tell his whole story to the grand jury. If he makes such a claim during the trial, evidence of the fact of his claim of his Fifth Amendment privilege becomes admissible. Robinson v. United States, 108 S. Ct. 864, 866 (1988).

None of the other eighteen contentions deserve mention.

AFFIRMED.