Jackie Presser Indictment Scandal - 1985 Dropped Indictment

1985 Dropped Indictment

Despite the 1984 press reports, federal prosecutors did not indict Jackie Presser until nearly a year later. For much of the latter half of 1984, DOJ officials delayed issuing a "prosecution memorandum" (an internal DOJ document outlining the charges to be brought, the legal strategy to be employed, and the staff and other resources to be utilized in the prosecution). In February 1985, however, DOJ attorneys finally submitted their prosecution memorandum.

But unnamed top Justice Department officials delayed approving the prosecution for another three months. Finally, in May 1985, the Cleveland-based federal attorneys who had proposed prosecuting Presser were ordered to Washington, D.C. FBI and DOJ officials briefed the attorneys on Presser's usefulness as a criminal informant, and press reports indicated that the attorneys and DOL investigators were surprised to learn of Presser's role. Two months passed, and still no prosecution occurred. On July 17, the foreman of the Cleveland federal grand jury investigating Presser denounced the delay in open court.

On July 23, 1985, DOJ officials announced they were dropping the investigation against Presser. The Department of Justice claimed the investigation lacked "prosecutive merit." Angry Department of Labor investigators refused to comment on DOJ's actions, and the press strongly condemned DOJ's decision.

Three days later, on July 26, NBC News confirmed the June 1984 Los Angeles Times report which named Presser as a secret FBI informant. NBC, however, said Presser's relationship with the FBI was never revealed to DOL or DOJ investigators and attorneys in Cleveland. The NBC report also said that top Justice Department officials agreed to drop the investigation after FBI agents signed affidavits saying "that whatever Jackie Presser did in the embezzlement case was done with their knowledge and consent."