Londos v. United States, 16045.

• Decision Date: 20 February 1957
• Docket Number: No. 16045.,16045.
• Citation: 240 F.2d 1
• Parties: Eugene Fisher LONDOS and Adrian Lawrence Dudley, Appellants, v. UNITED STATES of America, Appellee.
• Court: U.S. Court of Appeals — Fifth Circuit

240 F.2d 1 (1957)

Eugene Fisher LONDOS and Adrian Lawrence Dudley, Appellants, v. UNITED STATES of America, Appellee.

No. 16045.

United States Court of Appeals Fifth Circuit.

January 9, 1957.

Rehearing Denied February 20, 1957.

Stanley D. Baskin, Pasadena, Tex., Percy Foreman, Houston, Tex., for appellants.

James E. Ross, Asst. U. S. Atty., Houston, Tex., Malcolm R. Wilkey, U. S. Atty., Houston Tex., for appellee.

Before RIVES, TUTTLE and CAMERON, Circuit Judges.

TUTTLE, Circuit Judge.

This is an appeal from a conviction of the appellants of the offense of causing, with unlawful and fraudulent intent, to be transported in foreign commerce from Acapulco, Mexico, to Houston, Texas, a falsely made, forged and counterfeited security in violation of 18 U.S.C.A. § 2314.¹ Appellants were also indicted for a conspiracy to commit the offense. They were acquitted of this charge.

The falsely made security was made in Acapulco, Mexico, and was brought by the complaining witness, a Mrs. Ethel Turner, to Houston, Texas. The theory of the Government was that the two appellants caused her to bring it to Houston as a part of a horse race swindle in which Mrs. Turner turned over $22,500 cash to them, which they then purported to mingle with their own funds in Mexico which they held out to her were to be "transferred" to Houston for collection. The transfer was by means of sending the security to Houston.

Credible evidence before the jury painted this picture: Mrs. Turner, a resident of California, went to Acapulco alone for a vacation. She was not living with her husband, although there had been no divorce. The day after her arrival she met Dudley, who introduced himself to her and was thereafter known to her as Harry Marshall. He became her constant daytime companion for several days, and they exchanged their life stories. On December 17th, while having breakfast together, Dudley said he found a wallet under the table. He examined its contents and showed her $600 in $100 bills and a $20,000 race ticket for the afternoon of the 17th. He also showed her a letter in the wallet which he read to her. It purported to be from one O'Hara, a shadowy figure throughout the recitation, and was addressed to George A. Holden. It cautioned Holden not to discuss his business with anyone on pain of his, Holden, losing his job. Mrs. Turner suggested to Dudley that he phone Holden and tell him they had found the wallet and ask for the $600 as a reward. He refused and said they should go to see him (thus, as argued by the Government, establishing him as an honorable man). She objected to going with him but he insisted and she accompanied him. Since Holden's address at a fancy club was on the letter they took the wallet to the address and there "introduced" themselves to Holden, who is appellant, Londos, travelling under an alias. They went up to Londos's room and there, after Dudley permitted Londos to identify the wallet and turned it over to him, Mrs. Turner asked Londos if it was not worth the $600 to him for them to return the wallet with the $20,000 race ticket. Londos replied that he was just a salaried man with a wealthy uncle who had kept his job for him with a horse raising company which had sent him down to bet on some races. This betting of his company was on the quiet, he said. The bets were placed in Acapulco at the "Turf Exchange." Londos told them he got his information an hour before the race as to which horse to bet on. He said the races were fixed so, of course, they would always win. After some discussion he said, "I guess I could give you $100 each." He held out the $100 bill to Mrs. Turner and then said: "Oh, I got another idea," and took it back before she reached for it. "See on this race today, on this $20,000 they pay three to one * * * if I put on those six hundred dollars we get eighteen, then I will have my $600 and each of you will have $600."

Holden then told Dudley to go to the "Turf Exchange" and make the bet. Dudley went with a "membership card" in the Turf Exchange. Londos then left. A short while later they returned together and told Mrs. Turner they had won the $60,000 which had been credited to Londos's "company" and they had won the $1800, which they showed her in a pack of bills. Londos sat down as if to start dividing up the $1800, but then he had another idea. He told Dudley he would make a big bet for $100,000 by giving a company check; he couldn't do it himself because he would be known, so Dudley would have to place the bet; he told Dudley the check should also have O'Hara's signature, but they might let it get by without the signature; if they didn't, then Dudley should bet the $1800. Londos told Dudley and Mrs. Turner that since it was his money he would take 75% and let them split 25%. So Dudley left again and soon returned saying he had bet both the $100,000 and the $1800. There was a little criticism from Londos about his betting the $1800 as well. Dudley showed Mrs. Turner a bet ticket made out to A. B. Marshall (Dudley), "C. D." Turner (Mrs. Ethel Turner) and George A. Holden (Londos).

After lunch Londos went off and soon came back and announced "We won!" There was much excitement and celebration. Londos then gave Dudley his "membership card" and told him to go get the money. Dudley left and soon returned with a bag full of money (purportedly the $203,600 in cash). Packages of money were dumped out on the bed and "Mr. Holden (Londos) sat down supposedly to figure out how much each one is going to get." Suddenly Dudley said he had overheard a remark at the window that made him think he had better get back the improperly signed check and he asked them for it, whereupon they noticed the absence of O'Hara's signature. When they asked him about that he left. Thereupon, for the fourth time, before Mrs. Turner could feel a dollar of the rapidly multiplying hoard, Londos put the money back into the bag and told Dudley, "Go right back and give it back to them and tell them I will be right over there and straighten it up." Dudley disappeared with the money and then returned with the same race ticket. Thereupon Londos left to "straighten things out because O'Hara's name was not on the check." He soon returned with the sad news that they wouldn't pay off the bet because if the bettors had lost the race their check was not negotiable and couldn't have been cashed; therefore before they could get their "winnings" they would have to show that they had the cash to cover the $101,800 bet.

Thereupon Londos talked about his rich uncle and went out to phone him. Unable to reach him he said he would get a wire later. Then he got a telegram from his aunt who broke the sad news that the uncle was sick in the hospital but that she had $25,000 he could have. Then Dudley did some figuring and said to Mrs. Turner, "I could raise $42,000." Then, rising to the well prepared bait, Mrs. Turner said to Dudley "Well, I could raise $25,000." Londos then said: "There is already sixty-five and twenty-five * * * and I could wire my wife and I have got a little money she would send me $10,000." Mrs. Turner then asked if she couldn't show her bank books instead of getting the cash. Londos said "No, the bank books will not be any good." The jury could well have inferred that Londos's reason for putting incorrect initials with her name on the betting ticket was to make it impossible for her to use bank books.

When it became clear that all of them would have to produce money to make the proof at the window, Dudley insisted that instead of the split of 75% to Londos, 12½% to him and 12½% to Mrs. Turner, they split the winnings one-third each. They further discussed how to get the money and Dudley arranged the transportation for Mrs. Turner to fly to San Diego and Los Angeles, and said he would fly to his home in Baltimore. Both Dudley and Londos told Mrs. Turner not to tell anyone she was getting the money. She went to San Diego and got $3,000, and to Los Angeles and got $19,500 by borrowing against her savings account and by selling some bonds. She talked with Londos twice on the phone while in California, the last time telling him she could only raise $22,500; whereupon he told her he would make arrangements to get the difference. He assured her that Dudley would be back on time. She flew back, arriving in Acapulco on December 24th, on which day she took out her money and put it in a paper bag they produced and into which the others also put paper wrapped bundles of their money. Londos said they would have to take it to the track to be counted and Dudley had the bag ready to go when Mrs. Turner said she wanted to go, thinking all three of them could show the money. Londos said only one could go and sent Dudley. When Dudley returned without the money he had a check made payable to the three names, saying all of them had to endorse. They all signed and just before Dudley went back to get the cash on the check Londos said he wanted to make still another bet with his part of the winnings. Dudley went on purportedly to get the cash for himself and Mrs. Turner and place Londos's money on another bet, but when he returned he told Londos and Mrs. Turner that he had placed the whole $203,600 on a later race. Mrs. Turner protested and got hysterical. Londos said there was still time to stop the bet. He sent Dudley back to stop the bet and get the money. Dudley returned breathless and said he had stopped the bet, but in his rush he had knocked a woman down and had rushed away without getting either the money or the ticket or anything. Of course, he did not dare go back because "they" would be looking for him. Londos then went to collect the money (although originally he couldn't be seen in the transaction) and to pay off the injured woman. Londos left, and having stayed long enough for Mrs. Turner to get nervous, she and Dudley went out in search of him purportedly at the office of the Turf Exchange. When they got there Dudley...