DETAILS IN AND OUT

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CIA-RDP78-00300R000100010049-8
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RIPPUB
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S
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6
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December 12, 2016
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August 8, 2002
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49
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March 24, 1975
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SUMMARY
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SECRET Approved For Release 2002/08/28 : CIA-RDP78-00300R000100010049-8 24 March 1975 DETAILS IN AND OUT Attached is information concerning the detail out of Agency employees to other Government agencies and the detail in to the Central Intelligence Agency of non-CIA Government employees. In some Instances there are rather formal agreements between CIA and another agency and in others there are letters establishing agreements for particular employees being exchanged. While there is no formal agreement between this Agency and NSC, we have tried to explain it somewhat and this is attached under the NSC tab. Also, while there are no Agency employees involved, there is a continuing agreement with the Secret Service, based on Public Law, concerning the protection of the President and foreign dignitaries. STATINTL Approved For Release 2002/08/28 : CIA-RDP78-00300R000100010049-8 Approved For Release 2002/0 /28 : CIA-RDP70-00300R00010 7 Historical and Revision Notes lteeiser's Note. Based on Title 18, U. Section 303a was incorporated in this S.(C., 101,0 ed., 393a (June 15, 1935, c. section and sections 43, 44, and 3112 of nfl. Title II, ? 202, 49 Stat. 381; 1030 this title. Itcor.g. Ilan No. II, ? 4(E), 4 F.R. 2731, 53 Minor changes of phraseology were stat. 1433). Inade. Library References Arrest GD63. C.J.S. Arrest ? G et seq. 3055. Officers' powers to suppress Indian liquor traffic The chief special officer for the suppression of the liquor traffic among Indians and duly authorized officers working under his su- pervision whose appointments are made or affirmed by the Commis- sioner of Indian Affairs or the Secretary of the Interior may execute all warrants of arrest and other lawful precepts issued under the authority of the United States and in the execution of his duty he may command all necessary assistance. June 25, 1948, c. 645, 62 Stat. 817. Historical and Reviser's Note. Based on section 250 of Title 25, U.S.C., 1940 ed., Indians (Aug. 24, 191.2, ch. 388, ? 1, 37 Stat. 519). The only change was to delete the words at the beginning of the section, "The powers conferred by section 501 of Title 28 upon marshals and their depu- Revision Notes ties are conferred upon," and the addi- tion, at the end of the section, of the phrase expressing such powers beginning with the words "niay execute all war- rants". 80th Congress house report No. 304. Library References Arrest {,05 C.J.S. Arrest ? 4. 3056. Secret Service powers Subject to the direction of the Secretary of the Treasury, the United States Secret Service, Treasury Department, is authorized to protect the person of the President of the United States, the members of his immediate family, the President-elect, the Vice President or other officer next in the order of succession to the office of Presi- dent, and the Vice President-elect; protect the person of a former President and his wife during his lifetime, the person of the widow of a former President until her death or remarriage, and minor children of a former President until they reach sixteen years of age, unless such protection is declined; detect and arrest any person committing any offense against the laws of the United States relating to coins, obligations, and securities of the United States and of foreign governments; detect and arrest any person violating any of the provisions of sections 508, 509, and 871 of this title and, insofar Ch. 203 ARREST AND COMMITMENT 18 ? 3056 Approved For Release 2002/08/28 : CIA-RDP78-00300R00010C49-8 15, 1965, Pub.L. 89-186, 79 Stat. 791; Sept. 29, 1965, Pub.L. 89-218, 79 Stat. 890; Oct. 21, 1968, Pub.L. 90-608, ch. XI, ? 1101, 82 Stat. 86-168, Title I, ? 104(h), 73 Stat. 387; Oct. 10, 1962, Pub.L. 87-791, 76 Stat. 809; Oct. 15, 1962, Pub.L. 87-829, ? 3, 76 Stat. 956; Sept. 122; Aug. 31, 1954, c. 1143, ? 2, 68 Stat. 999; Aug. 18, 1959, Pub.L. June 25, 1948, c. 645, 62 Stat. 818; July 16, 1951, c. 226, ? 4, 65 Stat. appropriation current at the time of deposit. counterfeits and subsequently recovered shall be reimbursed to the expended from Secret Service appropriations for the purchase of States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony. Moneys presence, or for any felony cognizable under the laws of the United warrant for any offense against the United States committed in their section, the Chief, Deputy Chief, Assistant Chief, inspectors, and agents of the Secret Service are authorized to make arrests without rewards for services or information looking toward the apprehension of criminals; and perform such other functions and duties as are authorized by law. In the performance of their duties under this 18 ? 3056 CRIMINAL PROCEDURE Part 2 as the Federal Deposit Insurance Corporation, Federal land banks, joint-stock land banks and Federal land bank associations are con- cerned, of sections 218, 221, 433, 493, 657, 709, 1006, 1007, 1011, 1013, 1014, 1907, and 1909 of this title; execute warrants issued under the authority of the United States; carry firearms; offer and pay Historical and Revision Notes reviser's Note. Based on Title 18, 'U. Title 12, relating to Federal land banks, S.C., 1010 ed., ? 148, and on sections 264 joint-stock land banks and national (x) and 986 of Title 12, U.S.C., 1940 ed., farm loan associations, and as defined in Banks and Banking (Dec. 23, 1913, ch. 6, section 261 of said Title 12 relating to ? 12B, subsection (x), as Lidded June 16, the Federal Deposit Insurance Corpora- 1933, ch. 89, ? 8, 48 Stat. 178; July 17, tion. All of the provisions of said see- 1916, ch. 245, 31, sixth paragraph, 30 tions 981-985, 987 of said Title 12, and Stat. 382 (384) Dec. 11, 1926, ch. 2, ? 3, the criminal provisions of said section 44 Stat. 918; Aug. 23, 1935, ch. 614, ? 101, 264 of said Title 12, were transferred to 49 Stat. 684, 703). this title where they were, in some in- Section consolidates said section 118 of Title 1.8, U.S.C., 1940 ed., and said sec- tions 204(x) and 086 of Title 12, U.S.C. 1910 ed., Banks and Banking. Said section 148 of Title 12, U.S.C., 1910 ed., Banks and Banking, was concerned with offenses relating to counterfeiting and passing, etc., of transportation re- quests and to the unlawful possession or making of plates, stones, etc., used in making such requests, which were de- fined in sections 146 and 147 of said Ti- tle 18, now sections 508 and 509 of this title. stances, consolidated with similar provi- sions from other sections. Such provi- sions are now incorporated in sections 218, 221, 433, 493, 657, 709, 1000, 1007, 1011, 1013, 1014, 1907, and 1909 of this title. In above, but, by enumerating the Federal Deposit Insurance Corporation, Federal land banks, joint-stock land banks, and were in said sections 261(x) and 980 of said Title 12. 12, U.S.C., 1940 ed., Banks and Banking In this section, the wording of said were concerned with various offenses as section 148 of Title 18, U.S.C., 1940 ed., defined in sections 981-085, 987 of said and section 080 of Title 12, U.S.C., 1010 Approved For Release 2002/08/28 : CIA-RDP78-00300ROOO -18 ? 3056 ARREST AND COMMITMENT Ch. 203 nntereei and subse o- f c Banks and Banking reading "The the purchase o is hereby au- fluently recovered to Ue r re reimbursed to ed tho retary rized direct irect Treasuandry use the Secret the appropriation current at the time of ti?rvice Division of the Treasury Depart- deposit. was adopted, rather than the 1009 Anicndment, PuU.L, S6-408 suUsti- d bank associations" i}ording of said section 264(s) of said toted "i'ederal Ian e Secret Service for "national farm loan associations." "ri t ,1?itlo 1., which read artment is 31, 1954, Division of the Treasury Department 195A Amendment. Act d tg't and ar authorized." eitminated the following hal * * under the direct control the Passage of a period of our Transfer of Tunetlons. All functions after he leaves or dies in office as the events terminating Secret service protec- of all officers of the Department of the Treasury, and all functions of all agen- tien for the %vdow and minor children, , Of a former president. cies and employees of such Department, respectively Treasury, with the rSecretary of with the certain exceptions, 1`963 Amendments' Pub. Clilef, 2 Assist- to were thorized the Chief, Deputy of any ant Chief, t inspectors, and agents of the power rested in him to authorize their Secret Service to make arrests without performance or the performance es, by 1030 Iteorg. of such officers, Of his fulleti warrant for offenses their porifor agencies, nodliemplok any they I States in their presence 1, 2, off. July 31, 1050, 15 any felony cognizable under the laws Of Plan No. 2G, out in the Government in tOrgani- the United States it they have reasonable r, . R. 4935, 64 Stat. 1250, set grounds to believe that the person to be zatln andtEmploy es. arrested has committed or is committing zation a of Functions. such felony and substituted "508, 509, E-veeptions from Transfer and 871" for "508 and 509"- Functions of the Corporations of the Dc- Pub.L. 80-186 substituted provision for partment of Agriculture, the boards of al, the protection of the person of a former directors he Adv officer Board such thorCo a President and his wife during his life- tions; time and the person of a widow and in!- modity credit Corporation; and the nor children of a former President for a Farm Credit Administration or any period of four years after he leaves or agency, office r or entity of, under, or dies in office, unless such protection is subject tion u er isionteof d of fe said declined for provision calling for the and protection of a former President, at his functio strof offices, agenciescr t ryen s- request for a reasonable period after lie Agriculture by 1953 Reorg. Plan No. 2, 5 leaves oPficc. 1, effective June 4, 1953, 18 F.R. 3219, 67 1962 Amendments. Pub.L. 87-S29 an- Slat, 633, set out in the Appendix to Title thorized the protection of the Vice Presi- r), Government Organization and En- dent, without requiring his request there- ployees. otec O1- Pub. for, and any officer next in the order of T~Taj succession eh the office of of Psa eformer Candidatrq; AiFersonalr1'rVice 1're9ldeflt1Kl Vice idtleanLelect, and president, at his request, for a reason- L. 90 331, Tune 6, 19G8, 82 Stat. 170, Pr O' vided : able period after lie leaves office. "Section 1. Additional PoWersiUadvi- Pub?L, Secret Service ice aPPmoroPneys rint iolis ns for ~ That (a) the ed from Secret rv3orp conimitlco?7 221. of this title, re e ro riation 213 and 216 , respec - activities hereto P redesignated sections 1 d)Oct. 23, of authority contained in app tively, by Pub.L. 87-849, ( ' acts. 19022, 70 Stat. 1125. Pub.L. SG-1G8 effective 1968 Amendment. Pub.L, 94-603 substi- F:Pfoctive Date of 1060 ~err. toted the death or remarriage of a for- Amendment by section Hier 1'resident's widow and the attain- Dec. Si, 1959, see Section 104(k) ofPnb rient by "t,14 minor children of 'age lacafor L. 8Lv-1GS, set out as a note under rs 751 of T le 12, Banks and Banking. ast * which avords ,,Of the lJnfololll States "marscustody cof the Treasury Department", - l,;tcinfi ]urisdiction", following were omit"- clarified the FBI's authority to invest! ie all three of said sections, gate Treasury Department officers and fed as surplusage. employees. Changes were made in phraseology- 16, 1951, 1951 Amendment. Act Jfor ulythe Secret cOtiH Congress House Report No. 304. Ttefcre ices in Text. Sections 218 and provided basic authority virtue unctio , were Service to perform e carried Pout by sand rred to in text 8'3053A TEWEV'A' Ay4n RDP78-00 nor section 570 of Title 28 granting air marshals right to exercise the same. pow- ers which a sheriff of the state may exercise provides authority for provision that an air marshal may search without probable cause. People V. Sortino. N.Y. 1071, 325 N.Y.S.24 472, 68 Misc.2d 151. !arrest M Under this section authorizing the United States marshals and their depu- ties to make warrantless arrests for spec- ified offenses, power to take reasonable law enforcement steps short of, but which may lead to, an arrest can be fair- ly implied from the grant of arrest pow- ers. U. S. v. Riggs, C.A.N.Y.1973, 474 F. 2d 699. certiorari denied 94 S.Ct. 115, 414 U.S. 820, 38 L.Ed.2d 53. ? 8054. Officers' powers involving animals and birds Any employee authorized by the Secretary of the Interior to enforce sections 42, 43, and 44 of this title; and any officer of the customs, may arrest any person who violates section 42 or 44, or who such employee or officer of the customs has probable cause to believe is knowingly and willfully violating section 43, in his presence or view, and may execute any warrant or other process Issued by an officer or court of competent jurisdiction to enforce the provisions of said sections. As amended Dec. 5, 1969, Pub.L. 91-135, ? 7(b), 83 Stat. 281. 1389 Amendment. Pub.L. 91-135 pro- Effective Date of ID69 Amendment. vided for enforcement of section 42 of Amendment by Pub.L. 01-135 effective this title and substituted "any person 180 days after Dec. 5, 1969, Eee section 11 who violates section 42 or 44, or who of Pub.L. 91-135, set out as a note under such employee or officer of the customs section 668cc-1 of Title 16, Conservation. has probable cause to believe is know- Legislative History. For legislative lowly and willfully violating section 43," history and purpose of Puh.L. 91-135, see for "any person violating said sections". 1.969 U.S.Code Cong. and Adm.News, p. 1413. 3038. Secret Service powers (a) Subject to the direction of the Secretary of the Treasury, the United States Secret Service, Treasury Department, Is authorized to protect the person of the President of the United States, the members of his imme- diate family, the President-elect, the Vice President or other officer next in the order of succession to the office of President, and the Vice Presi- dent-elect; protect the person of a former President and his wife during his lifetime, the person of the widow of a former President until her death or remarriage, and minor children of a former President until they reach sixteen years of age, unless such protection is declined; protect the per- son of a visiting head of a foreign state or foreign government and, at the direction of the President, other distinguished foreign visitors to the United States and official representatives of the United States performing special missions abroad; detect and arrest any person committing any offense against the laws of the United States relating to coins, obliga- tions, and securities of the United States and of foreign governments; detect and arrest any person violating any of the provisions of sections 508, 509, and 871 of this title and, insofar as the Federal Deposit Insur- ance Corporation, Federal land banks, joint-stock land banks and Federal land bank associations are concerned, of sections 218, 221, 433, 493, 657, 709, 1006, 1007, 1011, 1013, 1014, 1907, and 1909 of this title; execute warrants issued under the authority of the United States; carry fire- arms; offer and pay rewards for services or information looking toward the apprehension of criminals; and perform such other functions and duties as are authorized by law. In the performance of their duties un- der this section, the Director, Deputy Director, Assistant Directors, As- sistants to the Director, inspectors, and agents of the Secret Service are authorized to make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony. Moneys expended from Secret Service appropriations for the purchase of counterfeits and subsequently recovered shall be reimbursed to the appropriation current at the time of deposit. (b) Whoever knowingly and willfully obstructs, resists, or interferes with an agent of the United States Secret Service engaged In the per- formance of the protective functions authorized by this section, by the 24 00010001004%8-,S AND CRIMINAL Act of June 6, 1968 (82 Stat. 170), or States Code, shall be fined not more tl than one year, or both. As amended Jan. 2, 1971, Pub.L. 91-6 Jan. 5, 1971, Pub.L. 91-651, ? 4, 84 Sts References in Text. The Act of June ii. 1965 (82 Stat. 211), referred to in subsec. ib), is set out as "Major Presidential or vice Presidential Candidates; Personal Protection" note under this section. 1971 Amendments. Subset. (a). Pub.L. 91-651 authorized the Secret Service to protect the person of a visiting head of a foreign state or foreign govern- ment and, at the direction of the Pres- ident, other distinguished foreign vis- itors to the United States and official representatives of the United States per- forming special missions abroad, and substituted "Director, Deputy Director, Assistant Directors, Assistants to the Director" for "Chief, Deputy Chief, As- sistant Chief". Subset. (b). Pub.L. 91-844 designated existing provisions as subsec. (a) and added subset. (b). Applicability of 1050 Eeorg. Flan No. 29. Section 5 of Pub.L. 91-851 provided that: "Section 3056 of title 18, United States Code, as amended by section 4 of this Act [this sectioul, shall be subject to Reor- ganization Plan Numbered 26 of 1950 (84 Stat.1280) (set out in the Appendix to TI- tle 5, Government Organization and Em- ployees.)" Legislative History. For legislative history and purpose of Pub.L. 91-614, see 1970 U.S.Code Conn. and Adm.News. 51. 580-1. See, also, Puh.L. 91-651, 1970 U.S. Code Cong. and Adm..News, p. 5903. 2d 39 !5. Se in stt po ca . III; ne th bii Pn or id ar as. S., de Ei 39 in, tie pr elk to so we in, dr_ r p Supplementary Indies to Notes 08' Children of deceased President. protection of 7 Presidential safety and security 9 4. Arrest without warrant-Generally Secret service agents, who made war- rantless arrest of defendant, charged with passing counterfeit federal reserve notes, were not required, at moment of arrest, to possess knowledge of facts and circumstances comprising probable cause for such arrest, but rather probable cause was to be determined on objective facts available for consideration by agen- cies or officers participating in arrest. U. S. v. Stratton, C.A.Mo.1971, 453 F.2d 38, certiorari denied 92 S.Ct. 1515, 405 U.S. 1069, 31 L.Ed.2d 800. Secret Service Is empowered to effec- tuate lawful arrest without warrant only If there is reasonable ground to believe that person to be arrested has committed or Is committing a felony. Holt Y. U. S. C.A.Okl.1968, 404 F.2d 914, certiorari de- ag lei Pi ick pr cr, to. se w' ti' F. pa 9.. an he ex de er, kit esi alt tet we pr v. ? 3037. ' Bankruptcy investigations 1. Dismissal of indictment Defendant charged with fraudulently tht concealing and transferring assets of a pr+_ bankrupt corporation, and with conspir- cur acy, was not entitled to dismissal of in- the dictment on grounds that the Government on failed to comply with provisions of this up- section relating to bankruptcy investiga- iar tions, where this section, directing that Co` 49 U.S.C.A.-21/i 1974 P.P. 0 -25 ,,r spec- ,,,onable but r,n Y,N fair- t rowv-"4 F. . ) [1, . 414 ;ns"orce may ^i ployee and ,- cute npetent _ S eYfeetlYP. section 11 mete under ,a>ecvation. eislative i 5, see ....hrows, p- he United ,Cu:ect the during ,:rs to the obliga- ~ , ,~rnments; of sections ,)sit Insur- ud Federal 557, ui~~; e~:ecute toward :--ions and duties un- -ctors, As- -dust the cc,f, oizable ;rounds to oom rn itti:n g i ,sa for the rd(mbursed iatl;:"av'1'39 the per- by the Act of June 6, 1968 (82 Stat. 170), or by section 1752 of title 18, United States Code, shall be fined not more than $300 or imprisoned not more than one year, or both, As amended Jan. 2, 1971, Pub.L. 91-644, Title V, ? 19, 84 Stat. 1892; Jan. 5, 1971, Pub.L. 91-651, ? 4, 84 Stat. 1941. Refsreaces In Text. The Act of June 0, 1968 (82 Stat. 211), referred to in subset. (b), is set out as "Major Presidential or Vice Presidential Candidates; Personal Protection" note under this section. 1971 Amendments. Subsec. (a). Pub.L. 91-631 authorized the Secret Service to protect the person of a visiting head of a foreign state or foreign govern- ment and, at the direction of the Pres- ident, other. distinguished foreign vis- itors to the United States and official representatives of the United States per- forming special missions abroad, and substituted "Director, Deputy Director, Assistant Directors, Assistants to the Director" for "Chief, Deputy Chief, As- sistant Chief". Subsec. (b). Pub.L. 91-041 designated existing provisions as subsec. (a) and added subset. M. Applicability of 1950 Iteorg. Plan No. 26, Section 5 of Pub.L. 91-651 provided that: "Section 3058 of title 18, United States Code, as amended by section 4 of this Act [this section], shall be subject to Reor- ganization Plan Numbered 26 of 1954) (64 Stat.1280) [set out in the Appendix to Ti- tle 5, Government Organization and Em- ployees.]" Legislative History. For legislative history and purpose of Pub.L. 91-614, see 1970 U.S.Code Congg.~ and Adm.News, p. 5804. See, also, Pub.L 91-651, 1070 U.S. Code Cong. and Adm.News, p. 5903. Supplementary Index to Notes Children of deceased President, protection of 7 Presidential safety and security 8 4. Arrest without warrant-Generally Secret service agents, who made war- rantless arrest of defendant, charged with passing counterfeit federal reserve notes, were not required, at moment of arrest, to possess knowledge of facts and circumstances comprising probable cause for such arrest, but rather probable cause was to be determined on objective facts available for consideration by agen- cies or officers participatinff In arrest. U. S. v. Stratton, C.A.Mo.19i1, 45.3 F.2d 36, certiorari denied 92 S.Ct. 1515, 405 U.S. 1069, 31 L.Ed.2d 800. Secret Service is empowered to effec- tuate lawful arrest without warrant only if there is reasonable ground to believe that person to be arrested has committed or is committing a felony. Holt v. U. S. C.A.Ok1.1968, 404 F.2d 914, certiorari de- nied 89 S.Ct. 872, 893 U.S. 1086, 21 L.Ed. 2d 770, rehearing denied 89 S.Ct, 130o, 394 U.S.067, 22 L,Ed.2d 570. 5. Informers Where informant had provided Secret Service agents with reliable information in the past, and Informant correctly stated that defendant would be at air- port at particular time and would be carrying counterfieit money, and Infer- want after conversing with defendant notified agent that defendant possessed the contraband and agent relayed infor- mation to arresting officer who observed brown sack bulging from defendant's _ pocket, officer had probable cause for arrest notwithstanding his Inability to Identify currency as counterfeit prior to arrest, and search and seizure were valid as incident to lawful arrest. Fiolt v. U. S., C.A.Okl.1068, 404 F.2d 914, certiorari denied 89 S.Ct. 872, 393 U.S. 1086, 21 L. Ed.2d 779. rehearing denied 89 S.Ct. 1303, 394 U.S. 967, 22 L.Ed.2d 570. 7. Children of deceased President, pro- tection of Photographer would be enjoined from interfering with secret service agents' du- ties of protecting children of deceased president and would not be permitted to enter the children's schools or play areas, to engage in action calculated to or rea- sonably foreseen to place their safety or well-being in jeopardy, would not be per- mitted to harass, alarm or frighten chil- dren and would not be permitted to ap- proach Galella v. withiOnassi0 C.A.N.Y.1973, 487children F.2d 986. United States was entitled to injunction against activity of photographer who al- legedly harassed children of deceased President under protection of secret serv- ice agents, either under common-law principles or this section relating to se- cret service powers, on showing that pho- tographer impaired objective of secret service function and impaired means by which agents went about achieving objec- tive. Galella v. Onassis, D.C.N.Y.1972, 353 b'.Supp. 196, affirmed in part, reversed in part on other grounds 487 F.2d 988. 8. Presidential safety and security In class action against various state and federal law enforcement officers on behalf of United States citizens who were excluded from general presence of Presi- dent of the United States at public gath- erings in North Carolina involving well- known religious figure, evidence failed to establish that actions of the defendants, although done as federal agents and os- tensibly under color of federal authority, were justified upon basis of necessity for presidential safety or security. Sparrow v. Goodman, D..,.N.C.1973, 361 F.Supp- 560. 1. Dismissal of indictment Defendant charged with fraudulently concealing and transferring assets of a bankrupt corporation, and with conspir- acy, was not entitled to dismissal of In- dictment on grounds that the Government failed to comply with provisions of this section relating to bankruptcy investiga- tions, where this section, directing that the United States Attorney, "if it appears probable that any such offense has been committed, shall without delay, present the matter to the grand jury,' does not on its face confer any procedural rights upon a defendant in a bankruptcy fraud prosecution. U. S. v. Filiberti, D.C. Conn.1973, 353 F.Supp. 252.