U.S. v. Brasco, 777
Court | United States Courts of Appeals. United States Court of Appeals (2nd Circuit) |
Citation | 516 F.2d 816 |
Docket Number | D,No. 777,777 |
Parties | UNITED STATES of America, Appellee, v. Frank J. BRASCO, Defendant-Appellant, Joseph Brasco, Defendant. ocket 74-2484. |
Decision Date | 21 May 1975 |
Page 816
v.
Frank J. BRASCO, Defendant-Appellant,
Joseph Brasco, Defendant.
Second Circuit.
Decided May 21, 1975.
Page 817
Herbert A. Lyon, Kew Gardens, N. Y. (Lyon & Erlbaum, Kew Gardens, N. Y., Gretchen White Oberman, New York City, Spiros A. Tsimbinos, William M. Erlbaum and Charles Wender, Kew Gardens, N. Y., on the brief), for defendant-appellant.
Barbara Jones Ambler, Sp. Atty., Dept. of Justice (Paul J. Curran, U. S. Atty., S.D.N.Y., Lawrence S. Feld and John D. Gordan, III, Asst. U. S. Attys., S.D.N.Y., on the brief), for appellee.
Before ANDERSON, MANSFIELD and OAKES, Circuit Judges.
PER CURIAM:
Frank Brasco appeals from a judgment of conviction entered on October 21, 1974 after a jury trial, based upon a single count indictment charging him, then a member of the House of Representatives of the United States Congress, and his uncle, Joseph Brasco, 1 with a conspiracy to influence the United States Post Office Department (Post Office) to award valuable contracts to one John Masiello for the hauling of mail in return for money in violation of 18 U.S.C. § 371. 2 We affirm.
The appellant's contention that the evidence was insufficient for conviction is clearly without merit. Viewing the evidence on appeal in the light most favorable to the Government, Glasser v. United States, 315 U.S. 60, 80, 62 S.Ct. 457, 86 L.Ed. 680 (1942); United States v. Raymond Johnson,513 F.2d 819 (2 Cir. April 1, 1975); United States v. Koss,
Page 818
506 F.2d 1103, 1106 (2 Cir. 1974), the jury was entitled to find that appellant's efforts to regain and secure the contract for Masiello established his involvement in a conspiracy to defraud the United States by depriving it of the faithful and honest services of himself and Doherty, a Post Office official; that appellant asked Doherty to advise Masiello what competitive bid to make on a contract, and that Doherty subsequently gave Masiello that advice in Frank Brasco's office; and that appellant schemed with Doherty and one Joseph Weiner to have Masiello re-offer his trucks to the Post Office through companies which would only appear to be independent of Masiello. These actions were clearly violative of the "conspiracy to defraud" provisions of 18 U.S.C. § 371. See, e. g., United States v. Johnson, 383 U.S. 169, 172, 86 S.Ct. 749, 15 L.Ed.2d 681 (1966); Haas v. Henkel, 216 U.S. 462, 476-480, 30 S.Ct. 249, 54 L.Ed. 569 (1910); United States v. Peltz, 433 F.2d 48, 51-52 (2 Cir. 1970), cert. denied, 401 U.S. 955, 91 S.Ct. 974, 28 L.Ed.2d 238 (1971); United States v. Sweig, 316 F.Supp. 1148, 1155-1156 (S.D.N.Y.1970), aff'd on another issue, 441 F.2d 114 (2 Cir.), cert. denied, 403 U.S. 932, 91 S.Ct. 2256, 29 L.Ed.2d 711 (1971).Moreover, the jury was justified in concluding that Frank Brasco had conspired to receive a bribe (18 U.S.C. § 201). Masiello's testimony that he delivered $10,000 to Joseph Brasco to be delivered "down below," coupled with the testimony of Doherty and Weiner that Frank Brasco appointed Joseph Brasco to be the "bag man" for his part in getting the loan for Masiello, was sufficient to show that the $10,000 delivered by Masiello to Joseph Brasco was destined for Frank Brasco.
Appellant's contention that his prosecution for conspiracy was time-barred by 18 U.S.C. § 3282's five year limitations period is equally baseless. Because the indictment was filed on October 23, 1973, the Government was only required to show that one overt act in furtherance of the conspiracy occurred after October 23, 1968, in order to avoid being time-barred. See Grunewald v. United States, 353 U.S. 391, 396-397, 77 S.Ct. 963, 1 L.Ed.2d 931 (1957); United States v. Portner, 462 F.2d 678, 681 (2 Cir.), cert. denied, 409 U.S. 983, 93 S.Ct. 319, 34 L.Ed.2d 246 (1972). The evidence demonstrated that in...
To continue reading
Request your trial-
United States v. Narciso, Crim. No. 6-80884
...(5th Cir. 1976), cert. denied, 430 U.S. 932, 97 S.Ct. 1554, 51 L.Ed.2d 777 (1977); U. S. v. Brasco, 385 F.Supp. 966 (S.D.N.Y.1974), aff'd. 516 F.2d 816 (2nd Cir. 1975), cert. denied, 423 U.S. 860, 96 S.Ct. 116, 46 L.Ed.2d 88 (1975); Beanland v. Chicago, R. I. & Pac. R. R. Co., 345 F.Supp. 2......
-
Sher v. Stoughton, 77-CV-402.
...v. Gereau, 523 F.2d 140, 150-51 (3d Cir. 1975), cert. denied, 424 U.S. 917, 96 S.Ct. 1119, 47 L.Ed.2d 323 (1976); United States v. Brasco, 516 F.2d 816, 819 (2d Cir.) (per curiam), cert. denied, 423 U.S. 860, 96 S.Ct. 116, 46 L.Ed.2d 88 (1975); United States v. Ferguson, 486 F.2d at 971; El......
-
US v. Young & Rubicam, Inc., Crim. No. N-89-68 (PCD).
...applicable statute of limitations, five years in this case. Grunewald, 353 U.S. at 396-97, 77 S.Ct. at 969-70; United States v. Brasco, 516 F.2d 816, 818 (2d Cir.), cert. denied, 423 U.S. 860, 96 S.Ct. 116, 46 L.Ed.2d 88 (1975). Defendants argue that Abrahams ceased to be Jamaica's Minister......
-
U.S. v. Williams, 85-6082
...328, 329-330, 191 F.2d 779, 781 (1951), cert. denied, 342 U.S. 928, 72 S.Ct. 368, 96 L.Ed. 691 (1952). Contra, United States v. Brasco, 516 F.2d 816, 819 (2d Cir.), cert. denied, 423 U.S. 860, 96 S.Ct. 116, 46 L.Ed.2d 88 (1975). Of course, though the judge must conduct an examination in suc......