Bates v. United States
| Decision Date | 11 September 1944 |
| Docket Number | No. 92,92 |
| Citation | 65 S.Ct. 15,323 U.S. 15,89 L.Ed. 13 |
| Parties | BATES v. UNITED STATES. Distributed on Petition for Certiorari |
| Court | U.S. Supreme Court |
See 148 F.2d 907.
Mr. Charles Bushnell Fullerton, of Chicago, Ill., for petitioner.
Mr. Charles Fahy, Sol.Gen., of Washington, D.C., Mr. Tom C. Clark, Asst. Atty. Gen., and Messrs. Robert S. Erdahl and W. Marvin Smith and Miss Beatrice Rosenberg, all of Washington, D.C., for the United States.
Petitioner asks certiorari to review his conviction upon an indictment charging criminal conspiracy to commit several separate offenses. The indictment charged petitioner, one Smith, and another (who was acquitted by the jury), and persons unknown, with a conspiracy to acquire gold bullion without a license in violation of § 4 of Executive Order 6260, 12 U.S.C.A. § 95 note (31 C.F.R. § 50.4); to earmark for export, and to export to Germany gold bullion without a license, both in violation of § 6 of the Order (31 C.F.R. s 50.6); and with conspiracy to commit two counterfeiting offenses.
At the trial the evidence showed that petitioner, who was interested in making a profit from the sale of gold, was introduced by an informer to one Schaetzel, a Government agent who posed as the owner of a gold mine, interested in disposing of gold. Petitioner told Schaetzel a story, conceded by the Government to be without foundation, to the effect that petitioner wished to procure gold for sale to Nazi agents in this country who proposed to transport it to Germany by submarine. Petitioner, who was in fact seeking other ways of disposing of gold, tried without success to negotiate with numerous dealers, some of whose names were suggested to petitioner by Smith on petitioner's promise to pay him a commission. When Schaetzel complained to petitioner of the delay in consummating the proposed arrangement with the supposed Nazi agents, petitioner induced Smith to pose as such to reassure Schaetzel.
On the verdict of the jury, finding petitioner and Smith guilty as charged by the indictment, the district court gave judgment against them. The Court of Appeals for the Seventh Circuit reversed the conviction of Smith but affirmed that of petitioner, 141 F.2d 436, on the ground that the jury could have found that petitioner had conspired with unknown Nazi agents to export gold.
The Government, by its brief here, formally concedes that petitioner's conviction cannot be sustained on this...
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