Does Section 3057 of the Criminal Code require a judge or trustee to present before a grand jury that there has been a criminal violation?

federal, United States of America

The following excerpt is from In re Goodwin, 194 BR 214 (B.A.P. 9th Cir. 1996):

6 Although section 3057 states that the judge or trustee should have "reasonable grounds for believing" that there has been a criminal violation, this is an administrative direction that does not create any procedural rights in the potential defendant. See United States v. Filiberti, 353 F.Supp. 252, 253 (D.Conn.1973) (criminal defendant in bankruptcy fraud prosecution argued that indictment should be dismissed because preindictment delay violated 18 U.S.C. 3057; court held that section 3057's direction that the United States attorney should present matter to the grand jury "without delay" "does not on its face confer any procedural rights upon a defendant in a bankruptcy fraud prosecution.").

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