United States v. Cufari, Civ. A. 53814.
| Citation | 120 F. Supp. 941 |
| Decision Date | 06 May 1954 |
| Docket Number | Civ. A. 53814. |
| Parties | UNITED STATES v. CUFARI. |
| Court | U.S. District Court — District of Massachusetts |
Anthony Julian, U. S. Atty., Charles F. Choate, Asst. U. S. Atty., Boston, Mass., for plaintiff.
Joseph J. Gottlieb, Boston, Mass., for defendant.
This is an action brought under the act of June 27th, 1952, 66 Stat. 260, 8 U. S.C.A. § 1451, for the revocation of an order admitting Cufari to citizenship and for the cancellation of his certificate of naturalization on the ground that such order and certificate were procured by concealment of a material fact and by willful misrepresentation.
Cufari on May 27, 1927 signed a petition for naturalization in the Superior Court for the Commonwealth of Massachusetts for Hampden County. July 25, 1927, in order to procure naturalization, he represented to the duly qualified representative of the Naturalization Service of the Department of Labor of the United States that he had never been arrested during the preceding period of five years. This is manifested by a so-called docket slip which he signed on July 25, 1927, Form 2328 of the Naturalization Service. At the time of his signature there was on that form, as he well knew, a statement that he had been subject to "no arrest". He intended to adopt that statement as his own for the purpose of deceiving first the representative of the Naturalization Service, and subsequently the Superior Court. Relying upon this statement in the docket slip, the representative of the Service presented, for approval of his naturalization, Cufari to the Court. The judge relied upon the docket slip, the representative's statement, and the subsequent silence of Cufari. As a consequence of this reliance, the Superior Court on September 21, 1927 ordered Cufari admitted to citizenship, and subsequently issued to him certificate 2641335. In fact, as defendant well knew, his statement that he had not been arrested was false in the following twelve particulars.
1. On or about January 23, 1923 said defendant was arrested at Springfield, Massachusetts, for disturbing the peace at an assembly, to which charge he pleaded guilty before the District Court of Springfield, County of Hampden, Commonwealth of Massachusetts, and was fined $5.
2. On or about February 19, 1923 said defendant was arrested at Springfield, Massachusetts, for disturbing the peace, to which charge he pleaded guilty before the District Court of Springfield, County of Hampden, Commonwealth of Massachusetts, and was fined $15.
3. On or about December 26, 1924 said defendant was arrested at Springfield, Massachusetts, on a fugitive from justice complaint arising from an assault on one Louis Helmer at Enfield, in the State of Connecticut.
4. On or about August 29, 1925 said defendant was arrested at Springfield, Massachusetts, for buying, receiving and concealing stolen property.
5. On or about August 29, 1925 said defendant was arrested at Springfield, Massachusetts, for defacing the serial number of a motor vehicle, of which offense he was found guilty by the District Court at Springfield, County of Hampden, Commonwealth of Massachusetts, and fined $125.
6. On or about September 17, 1925 said defendant was arrested at Springfield, Massachusetts, for buying, receiving, and concealing a stolen automobile.
7. On or about October 8, 1925, at Springfield, Massachusetts, said defendant was charged with being a fugitive from justice warrant arising out of alleged larceny committed in the State of Connecticut.
8. On or about November 15, 1925, at Springfield, Massachusetts, said defendant was charged with operating a motor vehicle after revocation of license, to which charge he pleaded guilty before the...
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Cufari v. United States, 4870.
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