In Re Thomas John Viti

PER CURIAM: Thomas John Viti was subpoenaed to testify before a federal grand jury. He refused to answer questions although he was granted “use immunity” by Judge Weinstein pursuant to § 201(a) of the Organized Crime Control Act of 1970 (“Act”), 18 U.S.C. § 6002. Accordingly, on February 8, 1972, Viti was adjudged in contempt by Judge Costantino as prescribed by § 301(a) of the Act, 28 U.S. C. § 1826. Viti contends that the sections unconstitutionally abridge his fifth amendment privilege against self-incrimination because the immunity granted *1270 may still leave him subject to prosecution for the transactions involved. The Supreme Court has laid this issue to rest. On May 22, 1972 it held that §§ 201(a) & 301(a) of the Act are constitutional since “immunity from use and derivative use is coextensive with the scope of the privilege.” Kastigar v. United States, - U.S. -, 92 S.Ct. 1653, 32 L.Ed.2d 212 (1972). See Zicarelli v. New Jersey State Commission of Investigation, 405 U.S. -, 92 S.Ct. 1670, 32 L.Ed.2d 234 (1972). We, therefore, affirm the judgment of the court below.