and one-half years imprisonment on each count, the sentences to run consecutively, and was fined $10,000 on each. His motion for a new trial on the basis that the court erred in not having granted a judgment of acquittal and in not declaring a mistrial was overruled, and this appeal followed.


2
The government's case was presented on a net worth-expenditures basis, and his income was established by that method. Rubino produced no personal books or records and advised Treasury agents at the beginning of their investigation that he would answer no questions. He maintained no bank account and conducted all of his business in currency, cashier's checks or money orders, and five or six months work by agents produced about twelve hundred cashier's checks which he had bought duringcontinued through January 29, 1969, on which day the guilty verdict was returned. However, on January 21, 1969, in an entirely unrelated matter the Honorable Victor J. Baum, Circuit Judge for Wayne County, Michigan, announced his decision denying a motion for a new trial for one Vito Giacalone in a case resulting in the latter's conviction on a felony charge, and the announcement was in the form of a 90-page opinion. Giacalone had been represented by Mr. Louisell, and on January 21 the Detroit News, an afternoon newspaper, ran a story on the subject as did The Detroit Free Press, a morning newspaper, the following day. The Detroit News story featured pictures of Mr. Louisell and Judge Baum, and appeared under a headline proclaiming, "Louisell Accused of `Cat