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OUR ENGLISE VERSION OF INTERP: Un, [for] the interprete: and the witness,

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(No warning of perjury nor explanation of Fifth Amendment provided by PROSECUTOR.)

Morning

PROS:

Now, Mr. Kamiyama, this is the third time that you've appeared

before this Grand Jury on this matter.

INTERP:

Konkai, Dai Baishin ni desune, shuttei shite itadaita, dai 今回、大陸書にですね、出足していただいた.第三回目に sankaime ni narimasu.

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PROS:

This time,...it is the third time we have asked the honor of

having your presence at the Grand Jury.

And, an I correct that your attorney is outside the Grand Jury room?

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PROS:

And you understand that this Grand Jury is presently investigating violations of criminal tax law as well as other matters, including,

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zeihoono ...oo.. ihan ga 当はですね、えー、税法の、おー、違反があった

attakamo shirenai toyuyona koto, aruiwa, anatano kooi, koodoo nado 0-2 しゃないというようなこと、あるいは、あなたの行為・行動など

ni tsuitemo, iroirona choosa wo surukotoni shite imasu.

1:༡༥ནཱམི, ༦ཧིཾ༥ཎྷ ཝཱ ཙྪིཙྪཾ:awན,

OUR ENGLISH VERSION OF INTERP'S JAPANESE:

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No record of oath in the tape. Begins with witness giving his name.
PROSECUTOR: And let me again repeat to you what I mentioned to
you at both prior sessions, that if you should give any false
answer to any questions that are put to you, that's a separate
federal crime, and you can be prosecuted for that.

INTERI: Ano zenkaj nikuj gosetsumei itashimashita keredomo, ano, a. =D AU5171948-t, ina

kvogino chin,julsu o nasaimasuin sorewa zenzen aratanu, mata,

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OUR ENGLISH VERSION OF INTERP'S JAPANESE:

...

well. Previously, twice I explained (to you), but

uh

...

if you should make a false statement, because itwill become a wholly new ... well... guile ...

(Witness' reply cannot be heard on tape: 7.21.'81, Side 1)

(No explanation of Fifth Amendment provided by PROSECUTOR.) BREAK

PROS: Would you please remind the witness that he is still under oath?

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(No warning of perjury nor explanation of Fifth Amendment provided by PROSECUTOR.)

LUNCH BREAK (until 2 p.E.)

7.21.'81 Session 3

FOREMAN: Do you solemnly swear to the testimony that you are

about to give to this Grand Jury in the matter now pending before

it shall be the truth, the whole truth, and nothing but the

truth, so help you God.

INTERP: Tadainn daibaishin de shite itadaku shoogenwu subete ただいま、六店でして頂く証言は、すべて

shinjitsu nomio katatte itadakimasu.

真実のみを語って頂きます。

OUR ENGLISH VERSION OF INTERP: Right now, well, the testimony that we would

like to have you give at the Grand Jury, we would like you to speak wholly

the truth only.

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SESSION 4

PROSECITOft: I am asking you a question, Mr. Kam) VUBA.

15 νου want to refuse to answer them, you' can refuse to answer questions, but you have to answer whatever question ask you. If you want

to refuse to answer them, and excericse your 5th Amendment

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INTERP: Ima shitsumon wo anatani muketeimasu keredomu, dooshitemo

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あなたに向けていますけれども、どうしても

anataga kyozetsu nazaru naraba, anoo, dai gojyoono_desune,

あなたが拒絶なさるならば、あの、第三条のですね。

shuuse), maa snuuseihoo desuka, nıyotte anatawa kvozetsu suru

修正、まー、修正法ですか、によってあなたは拒絶する

kenriwa arimasu. Shikashi, ee, goshitsumon shitakotowa narutake 利にあります。 しかし、えー、ご質問したことは、なるたけ

kotaete itadakitaito omoimasu.

こたえていただきたいと思います。

OUR ENGLISH VERSION OF INTERPRETER'S JAPANESE:

Now, I am directing my question to you, but if you

will insist on refusing

...

well

...

the 5th article, you

know ... amended ... well ...something like an amendeć

law, is it? According to that, you have the right το refuse.

However, uhh

...

we would like youto answer that

we have asked you as much as possible.

(WITNESS' voice not recorded on tape.)

(No warning of perjury provided by PROSECUTOR.)

PROS: Thank you, M. Kamiyama.

(End of Tape: 7.21. 81. Side 5.)

SUPPLEMENTAL EXHIBIT 1

DECLARATION OF JOHN HINDS

John Hinds declares under penalty of perjury, pursuant to 28
U.S.C. S 1746, as follows:

1. I am an associate professor, Department of Speech Communication, at Pennsylvania State University. I am fluent in Japanese, and have devoted much of my professional career to the study of Japanese linguistics. My professional qualifications are

set forth in more detail in the accompanying curriculum vitae (Exhibit A), which is incorporated herein by reference.

2. At the request of counsel for Takeru Kamiyama respecting United States v. Kamiyama, 81 Cr. 705 (GLG), 82 Cr. 194 (GLG) (S.D.N.Y.), I have listened to the tape recordings of the testimony of Mr. Kamiyama before the grand jury on July 9, July 16 and July 21, 1981, for the purpose of translating the questions asked of Mr. Kamiyama and the answers he gave. I nave also compared the version of the testimony given by the interpreter who was in the grand jury with the translations I have prepared. For the reasons set forth in more detail below, I have determined that the translations contained in the indictment are highly inaccurate and do not approach the standard of care that should be expected even of a reasonably competent interpreter, much less that which would be expected of a competent translator.

3. As used in this declaration, interpretation refers to the process of orally converting one language into another at the same time or at approximately the same time as it is spoken. There are two kinds of interpretation. The first, called

simultaneous interpretation, is used at the United Nations. An interpreter listens to a few words in the speaker's language then interprets them into a second language, while the speaker continues to talk. The interpreter (who cannot be heard by the speaker) then continues to translate throughout the speech.

The

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