We have held that an indictment may be dismissed only in flagrant cases of prosecutorial misconduct.
Sears, 719 F.2d at 1391. In
Sears, a grand jury indicted Sears for conspiring with Japanese manufacturers to defraud the United States Government by overstating the price Sears had paid for television sets purchased from the Japanese manufacturers.
719 F.2d at 1388. The trial court dismissed the indictment after finding that before the grand jury, the prosecutor had,
inter alia: (1) allowed a witness to make irrelevant, inflammatory, and potentially prejudicial statements by discussing with patriotic rhetoric, the devastating effect of Japanese products on the American economy; and (2) expressed his personal views concerning the evidence.
Id. at 1388–90. Although this court found that the prosecutor had abused his prerogatives, it still held that
Sears had failed to demonstrate sufficient prejudice to dismiss the indictment on constitutional grounds.
Id. at 1392.