92. Telegram From the Department of State to the Embassy in Iran 1

1166. Gudarzian Criminal Case. US Attorney’s Office Southern District New York has completed presentation witnesses to Grand Jury and is prepared ask indictment Gudarzian on charge conspiracy to commit fraud by mail. Check forgery aspect not under consideration at this time because of technical difficulty making such case without presence Prince and Princess as principal witnesses. Fraud case would be based obtaining money from various individuals in US by false assertions re construction sports arena in Iran. Prior requesting indictment, however, US Attorney needs to ascertain availability following Iranian witnesses for testimony jury trial, listed alphabetically and not in order importance:

Reza Ansari, Ahmad Chafik, Gen. Mohammad Daftari, Dr. Amir K. Diba, Abolhassan Ebtehaj, Mohammad Vali Meshkatti, Ardeshir Zahedi.

FYI. Believe you should press hard for appearance all witnesses. Although Ebtehaj probably most important of these, you should not disclose this fact to GOI nor give regime impression case could not be made without him. We know Ebtehaj violently opposed to testifying and believe important for internal political reasons Iran seek avoid having issue develop into open clash between him and regime with possible side effects, [Page 165] important bureaucrats who remain loyal Ebtehaj. End FYI. Therefore unless you perceive objection, we believe best course is simply include his name on list of desired witnesses and await GOI response. We will pouch for your consideration alternative courses of action we might pursue if GOI announces Ebtehaj unavailable and if US Attorney reaches conclusion conviction cannot be obtained without his testimony. Judgment latter respect will depend in part on availability other witnesses above list.

Rusk
  1. Source: Department of State, Central Files, POL 15–1 IRAN. Confidential; Limdis. Drafted by Tiger, cleared by Kearney, and approved by Bracken.