On April 4, 1952, T. Vincent Quinn returned to Washington to testify before the House subcommittee on Ways and Means. A few days earlier an unnamed witness told the committee that in 1949 Assistant Commissioner of Internal Revenue Daniel A. Bolich overruled a recommendation by New York field agents to prosecute a dress manufacturer for tax fraud. The witness testified Daniel A. Bolich acted at the request of two long-time friends, T. Vincent Quinn and his law partner, James D. Saver.
The committee intently questioned T. Vincent Quinn about fees he accepted while a member of the House. He acknowledged acceptance of fees and said his actions were legal. T. Vincent Quinn cited advice from former Assistant Attorney General James A. McInerney that members of Congress may accept fees in criminal cases. In following testimony, James A. McInerney confirmed the reported interpretation of the law.
On January 9, 1953, District Attorney T. Vincent Quinn and his former law partners, James D. Saver and Martin Schwaeber, were arraigned on two Federal indictments. They charged James D. Saver and Martin Schwaeber with aiding and abetting unlawful acceptance of fifteen fees by Representative T. Vincent Quinn during the period from December 7, 1949 to March 16, 1950. The defendants pleaded not guilty to the first indictment in Brooklyn Federal Court of the Eastern District of New York and were released on their own recognizance. Two hours later they followed the same routine at the United States Courthouse at Foley Square, Manhattan of the Southern District of New York.
Before leaving Brooklyn Federal Court, T. Vincent Quinn distributed a statement suggesting desire by Attorney General McGranery for "another abortive headline" as an immediate cause of his problems. The District Attorney also refereed to his work as head of the criminal division of the Department of Justice where he developed evidence that led to the Smith Act convictions of the leadership of the Communist Party. T. Vincent Quinn amplified this point by stating he might have stepped "on influential toes in Washington" during his crusade against "Pinks" and communists.
The prosecution based their case upon a law enacted by Congress in 1864. This little used and lesser known statute mandated, "Whoever, being a member of or delegate to Congress, or a resident Commissioner, either or after he has qualified, or the head of a department, or other officer or employee of the United States or any department or agency thereof, directly or indirectly receives or agrees to receive any compensation for any services rendered or to be rendered, either by himself or another, in relation to any preceding, contract, claim, controversy, charge, accusation, arrest or other matter in which the United States is a party or directly or indirectly interested, before any department, agency, court-martial, officer, or any civil, military or naval commission, shall be fined not more than $10,000 or imprisoned not more than two years, or both; and shall be incapable of holding any office of honor, trust or profit under the United States."
T. Vincent Quinn and his former partners filed a motion for dismissal of charges in Brooklyn Federal Court on January 27, 1953. They contented the indictment lacked sufficient facts to constitute an offense, was based on a "vague and ambiguous"statute and they did nothing illegal or improper. T. Vincent Quinn, James D. Saver and Martin Schwaeber asked for a hearing before Judge Leo F. Rayfiel.
On January 30, 1953, Judge Matthew T. Abruzzo of Brooklyn Federal Court arraigned T. Vincent Quinn, James D. Saver and Martin Schwaeber on a supplemental indictment. This third indictment charged James D. Saver and Martin Schwaeber with aiding and abetting the acceptance of illegal lawyer's fees by Representative T. Vincent Quinn during the period from January 1, 1950 to December 31, 1951.
In a prepared statement, T. Vincent Quinn said: "This supplemental indictment is another step in the continued persecution and is especially outrageous in view of the fact that there is a motion pending before the court which will establish as a matter of law and ethics that everything which I or my former associates did was entirely proper, correct and fully approved by the representatives of the highest law enforcement agency of the country - the office of the Attorney General."
Judge Abruzzo discharged the Brooklyn grand jury so that special assistants to the Attorney General F. Kirk Maddrix and Victor C. Woeerheide could present evidence to a Manhattan grand jury. After pleading not guilty the court released T. Vincent Quinn, James D. Saver and Martin Schwaeber on their own recognizance.
On February 16, 1953, Judge Leo F. Rayfiel heard arguments on the motion to dismiss the first indictment. Henry G. Singer asserted conducts of T. Vincent Quinn and his partners were "legal and proper" and they had practiced in "open court and nothing was hidden or mysterious about their actions." Henry G. Singer quoted testimony of former Assistant Attorney General James M. McInerney that Representative T. Vincent Quinn had the right to counsel clients in criminal cases.
F. Kirk Maddrix, special assistant to the Attorney General, argued Mr. McInerney testified before the House Ways and Means Committee as a private citizen. Judge Leo F. Rayfiel reserved decision on motion to dismiss the first indictment.
The next day T. Vincent Quinn, James D. Saver and Martin Schwaeber appeared before Judge Rayfiel to enter pleas of not guilty to their fourth indictment. The court tentatively set April 6, 1953 as trial date and released the defendants.
On April 9, 1953, Judge Leo F. Rayfiel denied the original motion by T. Vincent Quinn to quash the first indictment and denied a second motion to quash on November 17, 1953.
T. Vincent Quinn lost the Democratic renomination for District Attorney on June 6, 1955. The Queens Democratic organization frankly stated four pending indictments against T. Vincent Quinn was an unacceptable liability. The Democrats nominated State Senator Frank D. O'Connor who narrowly defeated his principal rival in the primary election of September. Senator O'Connor ran against T. Vincent Quinn.
The term of T. Vincent Quinn as District Attorney expired on December 31, 1955. In under four months, Judge Edward Weinfeld opened the trial of Mr. Quinn and his former partners on charges contained in the two Southern District indictments.
On April 17, 1956, in an opening statement to the jury assistant United States Attorney Clement J. Hallinan called Mr. Quinn the principal in the case and described Mr. Schwaeber and Mr. Savers as aiders and abettors. Boris Kostelanetz, representing T. Vincent Quinn, called the charges "fantastic" and implied his political enemies instigated the indictments. Myron J. Greene argued Mr. Schwaeber had an unconditional right to accept retainers in the questioned cases. Jeremiah F. Cross, speaking for Mr. Saver, emphasized charges by the government did not constitute corruption. The defendants were facing maximum sentences of two years imprisonment and a $10,000 fine for each of the fourteen counts.
During the second day of trial Myron J. Greene moved to suppress evidence communicated to the Department of Justice by Internal Revenue agents who examined the books of Schwaeber Quinn&Saver. Judge Weinfeld found the agents told the partnership their investigation was not limited to tax matters and they were working for the House Ways and Means Committee. In denying the motion to suppress, Judge Weinfeld held the defendants had a full understanding of the scope of the investigation and waived self-incrimination rights.
On April 19, 1956, three former clients of Schwaeber Quinn & Saver testified for the prosecution. Each witness denied having any dealings with Representative Quinn. During cross examination, Myron J. Greene established the Internal Revenue Service suspected tax fraud in these cases.
The next day the prosecution established Representative Quinn called Elmer T. Kemper, assistant regional counsel of the Internal Revenue Service, three or four times to ask if the service had dropped its request for criminal prosecution of a client of Schwaeber Quinn & Saver. Elmer T. Kemper later described the calls as requests for information.
Joseph D. Delfino, special agent of Internal Revenue, revealed clients of Schwaeber Quinn & Saver assigned four powers of attorney to Representative Quinn. After cross examination of the witnesses the prosecutor conceded Representative Quinn did not sign documents specifying fees paid by these clients to the law firm.
On April 23, 1956, Clement J. Hallinan questioned eight revenue agents on their interactions with Schwaeber Quinn & Saver. All agents testified they never had any dealings with Representative Quinn. One agent, Owen B. Young, praised the character of Mr. Quinn. He said, "Mr. Quinn has probably the most excellent reputation of any man who has ever held public office." The prosecutor protested and stopped short of declaring Mr. Young a hostile witness.
The next day the prosecution rested their case after showing the books of Schwaeber Quinn & Saver credited Representative Quinn with $8,591 in fees for ten tax cases in 1948-51. However another witness testified it was impossible to tell which partner received the fees.
Defense attorneys promptly asked Judge Weinfeld for an order of acquittal. They asserted the government failed to show Representative Quinn influenced the Internal Revenue Service to reach outcomes favorably to the clients of Schwaeber Quinn & Saver. Prosecutors countered they only needed to show Representative Quinn shared the fees. Judge Weinfeld reserved decision.
Judge Edward Weinfeld ordered a verdict of acquittal on April 25, 1956. He found the government was required to prove the charges in the indictments that T. Vincent Quinn accepted fees "with the intent to influence and persuade"officials.
Paul W. Williams, United States Attorney of the Southern District, announced he recommended to the Department of Justice that no appeal be taken to Judge Weinfeld's decision. The United States Attorney for the Eastern District, Leonard P. Moore, said he would study Judge Weinfeld's opinion before deciding to press or drop the two indictments pending in Brooklyn.
On January 7, 1957, Leonard P. Moore asked Judge Mortimer W. Byers to dismiss the two Eastern District indictments of T. Vincent Quinn, Martin Schwaeber and James D. Saver. Judge Byers granted the motion.
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