TOTAL DAYS IN COURT

Mr. ROONEY. With that staff of 69 lawyers and 58 nonprofessionals, this Division was in court 15 days in the whole year?

Mr. YEAGLEY. No; I do not believe that is correct, or at least I do not think so. It should be a good deal more than that.

The first sheet shows the criminal part and the next page would be the civil cases. We would have been in court a good many days on civil cases alone.

Mr. ROONEY. Most of these are merely filing of a summons and complaint or filing of a libel. One case I see is a settlement upon payment of costs.

Mr. YEAGLEY. There were motions filed and argued, but in most of them, and in the criminal cases, there were two of them still pending although motions have been argued. The others have been disposed of.

The volume of work on the part of the lawyers is not now and has not been court work.

Mr. ROONEY. Let us stay with the courtwork.

I thought we were going to have some business in the courts. Let us take this first page, "Criminal Trials in Which Division Attorneys Participated During Calendar Year 1960."

It looks to me as though you had only one trial in the whole year. Mr. YEAGLEY. Slightly more than that. There was a trial in the Hector case last September and there was

THE HECTOR SOTO CASE

Mr. ROONEY. You are correct. I withdraw what I said.

I just looked at the words, "Motion, June 10." What happened to Hector?

Mr. YEAGLEY. That was in Florida. There was an acquittal by a jury. That was a foreign agents registration charge involving a Cuban who was an employee of the Cuban Government. We had indicted him, or the grand jury had, for acting in violation of the Foreign Agents Act without registration.

The best that we can determine as the reasons for the jury's acquittal was that they defended on the theory that although he had not registered when he was sent here by the Cuban Government to work in Florida, it was his understanding that the Cuban Government had taken care of the legal aspects of his assignment. They had not done so, but the jury apparently believed his story.

Mr. ROONEY. These 69 lawyers and 57 nonprofessionals were not able to convince that jury that what you said is so?

Mr. YEAGLEY. That is right.

Mr. ROONEY. They acquitted him?

Mr. YEAGLEY. We had a good record last year but we are pretty hard losers on that case, I admit. We had a pretty good record and we did not want to lose that one, and we were flabbergasted when the jury came in, but it did.

Mr. ROONEY. That was a big trial, was it not? It took 2 days?
Mr. YEAGLEY. Two days is all. That is right.

Mr. ROONEY. What would he get if he were convicted, a year and a day? If the defendant were convicted, what could he have gotten!

Mr. YEAGLEY. I believe that is 5 years by statute under "Foreign Agents."

Mr. ROONEY. Very important.

TRIALS IN CALENDAR YEAR 1960

I am going to reappraise this thing and state that I figure you had three trials during 1960 calendar year.

Would that be correct?

Mr. YEAGLEY. Three criminal trials.

Mr. ROONEY. The Guterma case took 3 days and the Yellin case, which was a contempt of Congress case, took 3 days. The Hector Soto case took 2 days. These 69 lawyers and 57 nonprofessionals do not seem to generate much business which winds up in the criminal courts, do they?

Mr. YEAGLEY. The court business is not the volume of the Division's work.

Mr. ROONEY. This has been going on ever since the Division was created, is that a fact?

Mr. YEAGLEY. This same type of operation has. We had more

cases

Mr. ROONEY. This is more of a bookkeeping operation?

Mr. YEAGLEY. We had more cases in court during two earlier periods. One was during a period of the Smith Act indictments a few years ago and the other, more recently, about 2 years ago, was when Castro was in the midst of his revolution. We had about 189 convictions in 1 year. If our case against the Communist Party is affirmed by the Supreme Court, our courtwork should increase substantially.

CONVICTIONS IN 1960

Mr. ROONEY. How many convictions did you have in 1960?
Mr. YEAGLEY. The Guterma case would be two and Bary was six.
Wait a minute. That was the appeal-

Mr. ROONEY. That is right. That was the appeal. You had two convictions in all of 1960?

Mr. YEAGLEY. No, we had Yellin which would make three.
Mr. ROONEY. Where do you get three?

Mr. YEAGLEY. Guterma and Roach. He was another defendant.
Mr. ROONEY. What was the name?

Mr. YEAGLEY. Hal Roach, Jr. He was a defendant with Guterma. He was a joint defendant.

Mr. ROONEY. Codefendant?

Mr. YEAGLEY. That is right.

Mr. ROONEY. That is one case in my book.

Mr. YEAGLEY. That is right, but defendantwise, it was two. Yellin was a contempt conviction.

PARTICIPATION OF DIVISION ATTORNEYS IN CRIMINAL TRIAL

On page 18-17 the Criminal Section reflects 36 convictions and that would not only be cases which Department attorneys handle. It would include cases in which we worked from headquarters. Mr. ROONEY. You do the bookkeeping?

Mr. YEAGLEY. No; if I might explain.

In most instances, I think you will find we analyzed the case before recommending indictment.

Mr. ROONEY. Do these figures on page 18-17 include the cases we just referred to in connection with so many days in court, and so on? Mr. YEAGLEY. Yes; it includes Yellin and Guterma.

Mr. ROONEY. When you lump them together with the run of the mill cases handled by U.S. attorneys, it gets to be a more imposing figure, but it might be well if we inserted at this point in the record the chart showing criminal trials in which division attorneys participated during calendar year 1960.

(The chart referred to follows:)

CIVIL CASES

Mr. ROONEY. Now you have a list of 12 civil cases instituted during the first half of fiscal year 1961. Where is your list for calendar year 1960, the same as the last exhibit entered into the record?

Mr. YEAGLEY. This is the last 6 months of calendar year 1960 I have here.

Mr. ROONEY. That is the current year?

Mr. YEAGLEY. I do not have it. I am afraid I do not have it but we can get that in short order though, if you would like to have it submitted.

(The material referred to follows:)