Judge Says Minor Cases Should Be Ignored

Federal District Court Judge Charles E. Wyzanski Jr. '27, Senior Fellow of the Society of Fellows, yesterday criticized severely the U.S. Attorney's office for bringing to court the case of a woman who had embezzled over $9000 from a Federal credit union.

Wyzanski said that although "it is undoubtedly necessary that some persons who commit embezzlement should be prosecuted in a Federal court in order to lend crebibility to the Federal statutes," the "number should be rigorously limited."

He added that "almost everybody has stolen or embezzled during his life, and this Court is no exception. Indeed it has been proven by those who have carefully analyzed the matter that aberrations with respect to property are almost as frequent as aberrations with respect to sex."

Wyzanski's major point appeared to be that with the heavy caseload courts currently carry, minor cases should be ignored. "When an assistant United States Attorney brings an unsuitable petty embezzlement prosecution, his foolishness added to the foolishness of other people creates a traffic jam," Wyzanski said.

He further charged that cases of "poor and middle-class personal injury claimants" waiting for hearings on recovery of damages are "gravely prejudiced by cases such as this one."

Wyzanski added: "I do not know whether to convict the United States Attorney of inattention or incompetence, but one or the other seems appropriate." He said he would not pass sentence on the case until the U.S. Attorney's office had "an opportunity to withdraw and dismiss this prosecution."

The case was prosecuted by assistant U.S. Attorney Alan R. Hoffman, who said yesterday afternoon that Wyzanski's remarks "have been brought to the attention of the U.S. Attorney, but no final decision has been made (on whether to dismiss the case) at this time."

The woman in question, Carlene Smith, had worked for the Southwest Quincy Federal Credit Union. A statement issued yesterday said that "wen confronted with the evidence against her she immediately confessed and made restitution so far as she could."

The statement added: "Her associates think to well of her that after all the circumstances of her embezzlement were known they re-elected her as a director of the credit union. But with the usual bureaucratic attitude the Federal authorities who supervise Federal credit unions refuse to allow her to continue."