Indirect Criminal ContemptRole of the Grand Jury
In Green v. United States, 356 U.S. 165, 187 (1958), the
Court held that criminal contempt actions need not be instituted by an
within the meaning of the Fifth Amendment of the United States Constitution.
Although an indictment by a grand jury is not imperative in order to
a criminal contempt action, such an action may be instituted by an
United States v. Bukowski, 435 F.2d 1094, 1103 (7th Cir. 1970),
denied, 401 U.S. 911 (1971); United States v. Snyder, 428 F.2d
522 (9th Cir. 1970), cert. denied, 400 U.S. 903 (1970); Carlson v.
United States, 209 F.2d 209, 218 (1st Cir.); United States v.
Goldfarb, 167 F.2d 735 (2d Cir. 1948). In such a case, however, the
indictment must comply with the notice requirements of Rule 42(b) of the
Rules of Criminal Procedure. United States v. Mensik, 440 F.2d 1232
Cir. 1971). Cases have indicated that it may be objectionable to proceed by
of indictment because the interjection of an independent body into the
process might interfere with or impede judicial disposition of such matters.
United States v. Levya, 513 F.2d 774, 775 (5th Cir. 1975).|
[cited in USAM 9-39.000]