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UNITED STATES v. AMREP CORP.

No. 75 Cr. 1023 (CMM).

418 F.Supp. 473 (1976)

UNITED STATES of America, v. AMREP CORPORATION et al., Defendants.

United States District Court, S. D. New York.

July 22, 1976.

Attorney(s) appearing for the Case

Robert B. Fiske, Jr., U. S. Atty. for the Southern District of New York, New York City, for the United States of America; Patricia M. Hynes, Michael S. Devorkin, Asst. U. S. Attys., New York City, of counsel.

Proskauer Rose Goetz & Mendelsohn, New York City, for defendant Amrep Corp.; George G. Gallantz, Larry M. Lavinsky, Lois D. Thompson, New York City, of counsel.

METZNER, District Judge:

Defendant Amrep Corporation moves pursuant to Rule 14, Fed.R.Crim.P. to sever defendant Solomon Friend, its general counsel based on a conflict between Friend's defense and the attorney-client privilege and the work product privilege of Amrep under the Fifth and Sixth Amendments.

This motion raises a difficult problem. Since 1970, Friend has been the general counsel to the corporation. As such, he has been involved in every aspect...

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