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(b)In United States v. Savoy, 38 F. Supp. 2d 406, 417 (D. Md.1998), the court held that the retraction of defendant’sperjurious affidavit was no defense to defendant’s violation of§ 15038. Defenses.(a) In United States v. Cintolo, 818 F.2d 980, 990 (1st Cir. 1987),the court affirmed the conviction of an attorney for conspiracyto obstruct justice where the attorney attempted to hinder thegrand jury investigation of an organized crime operation byusing his position as attorney for the grand jury witness toacquire information about the investigation and inhibit thewitness from testifying or cooperating by urging the witness totake the Fifth Amendment(i)The court said, “An attorney who spurns the interestsof his own client and conspires to subject him to aprison term for the benefit of a third party is notperforming the traditional functions of defensecounsel. Such an attorney is not, on any view of thematter, entitled to special perquisites and privileges.”Id. at 995(b) In United States v. Cioffi, 493 F.2d 1111, 1119 (2d Cir. 1974),the court affirmed a conviction for endeavoring to influence agrand jury witness to invoke the Fifth Amendment privilegerather than testify regarding an extortionate loan made bydefendant’s associate, in violation of § 1503(c)The Second Circuit rejected the argument that advising awitness to do that which he possessed a constitutional right todo could not be criminalized. The court said, “while a witnessviolates no law by claiming the Fifth Amendment privilegeagainst self-incrimination in a grand jury, one who bribes,threatens, coerces a witness to claim it or advises with corruptmotive a witness to take it, can and does obstruct theadministration of justice.” Id. “The lawful behavior of theperson invoking the [Fifth] Amendment cannot be used toprotect the criminal behavior of the inducer” Id.25us\JUCEARO\7667714.1