United States v. Bagdasian, No. 8255.
Court | United States Courts of Appeals. United States Court of Appeals (4th Circuit) |
Writing for the Court | SOBELOFF, , and HAYNSWORTH and BOREMAN, Circuit |
Citation | 291 F.2d 163 |
Parties | UNITED STATES of America, Appellee, v. Adam BAGDASIAN, Appellant. |
Docket Number | No. 8255. |
Decision Date | 29 May 1961 |
291 F.2d 163 (1961)
UNITED STATES of America, Appellee,
v.
Adam BAGDASIAN, Appellant.
No. 8255.
United States Court of Appeals Fourth Circuit.
Argued April 19, 1961.
Decided May 29, 1961.
James B. Murphy and Solomon B. Levin, Baltimore, Md., for appellant.
Robert E. Cahill, Asst. U. S. Atty., Baltimore, Md. (Joseph D. Tydings, U. S. Atty., Baltimore, Md., on brief), for appellee.
Before SOBELOFF, Chief Judge, and HAYNSWORTH and BOREMAN, Circuit Judges.
SOBELOFF, Chief Judge.
This appeal by Adam Bagdasian reveals a picaresque story of a fraud effectively perpetrated upon one who was willing to join in a scheme to defraud another. The defrauder, who is the appellant here, was tried without a jury and convicted on seven of the thirteen counts of an indictment charging him with devising a scheme to defraud and using interstate telephone and telegraph
There was testimony tending to show that Bagdasian separately approached E. R. Culpepper of Norfolk, Virginia, and John Allen of Newport News, Virginia, and falsely represented to each that his name was George Simon, that he was employed as manager by a bookmaker, and was in a position to cheat his employer by changing office records after races had been run, so as to make it appear that bets had been placed on winning horses. He told Culpepper and Allen that if they phoned in their bets to a certain telephone number in Tacoma Park, Maryland, which he supplied them, he, Bagdasian, could and would arrange to place their bets on horses that had already won. The plan he proposed called for equal division of the spoils between himself and the bettor.
Culpepper was completely taken in. Initially, he was induced by Bagdasian to wire $1,500 from Norfolk to the Western Union Company office in Annapolis, Maryland, to be picked up by Bagdasian in the name of Larry Ford. Bagdasian later influenced Culpepper to wire additional sums to "Larry Ford" in care of the same Western Union office. Culpepper was persuaded to advance these additional monies by Bagdasian's representations that Culpepper had won various sums aggregating over a short period $26,000, but that for one reason or another it was necessary for Culpepper to advance more money before he could get his winnings. It was shown that Bagdasian, identifying himself as Larry Ford, personally collected from Western Union the monies so transmitted. Altogether, as a result of the various transactions, Culpepper was cheated out of $8,500 instead of sharing in the expected looting of Bagdasian's supposed bookmaker employer, who has never been found to exist.
Allen, on the other hand, testified that he never accepted the proposal to defraud Bagdasian's employer, but that he did place bets with the defendant, thinking that he was employed by a bookmaker. He was not required to put up betting money in advance, since Bagdasian told him, with simulated graciousness, that he had satisfied himself of Allen's financial responsibility. Apparently Allen had some independent knowledge or advice about racing, or was fortunate, and did phone in bets on horses that turned out to be actual winners. Then he was told by Bagdasian that he had won, but that it would now be necessary for him to put up a deposit of...
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