There are signs the FBI and U.S. Attorney's Office investigation of David Copperfield for alleged assault is nearing an end; and that there will be no indictment.
Robin Leach reports on his always interesting Vegas Luxe Life the FBI returned "everything to Copperfield's offices and warehouse / museum here -- and privately, David has even kept the FBI seals and stamps on it. He's even 'happily' using the computer with the 'FBI-Evidence Property' tape still on it!"
We were in Vegas two weeks ago for a national chess tournament. As our cab moved at near light-speed from the airport to our posh hotel, we saw a large sign advertising David Copperfield's show at the MGM Grand.
We certainly hope the grand jury declines to indict Mr. Copperfield if they find there was no crime committed; and were encouraged to see he was still performing despite the media twister in which he now lives.
Mr. Leach continues:
It's well known that David catalogs everything to do with his life -- so this makes one unforgettable souvenir. Since the sexual allegations, and David's complete denial, the Seattle case appears to have gone cold. I'm told that with the Feds returning everything to him that even they believe nothing more is going to come from the wild claims.
There is a sense of injustice in this perversion of the justice system. As Mr. Leach points out, "Headlines are at the expense of the showbiz stars, even if not word one of it is true. David and his lawyer denied all the claims and then remained completely quiet. Now it seems to have all gone away, and yet not one word of that exoneration gets reported. That?s just so unfair!"
He is not exonerated yet, however. It is not the policy of the Department of Justice to exonerate anyone.
The grand jury deliberations are secret precisely to avoid the potentially damaging and certainly unfair rumors in this matter. If the grand jury, after hearing all of the evidence they need, decide there is not probable cause that a crime or crimes have been committed, they either report a "no true bill." This means they affirmatively found there was not probable cause to believe a crime was committed.
More often, however, prosecutors will simply drop the matter and close the file rather than asking the grand jury to issue the "no true bill" finding.
Unfortunately, the target of the investigation (who may or may not already know he or she is a target) does not receive word. The theory is sound: the grand jury investigation is secret, so there is actually a chance of more harm to the innocent citizen by announcing the existence of the investigation -- even if it resulted in a finding there was not probable cause.
Fortunately, most grand jury matters are kept secret; very secret. In fact, Rule 6 of the Federal Rules of Criminal Procedure forbid any mention of matters before the grand jury, the fact that a grand jury is meeting on a specific investigation, or that indictments are sought. Violation of Rule 6 is backed up by heavy-duty criminal sanctions -- the leaker can be convicted of a felony and jailed.
There were several leaks in this case and we join with Mr. Copperfield's attorneys asking the U.S. Attorney's Office in Washington (state) investigate the source of the leaks.
Still, based on our past prosecutorial experience, it is a great sign that the FBI has returned all of Mr. Copperfield's possessions. The return does not mean he is in the clear, but it certainly portends better things.
