United States v. Carpenter
Decision Date | 09 April 1942 |
Citation | 44 F. Supp. 654 |
Parties | UNITED STATES v. CARPENTER et al. |
Court | U.S. District Court — Southern District of New York |
44 F. Supp. 654
UNITED STATES v. CARPENTER et al.
District Court, S. D. New York.
April 9, 1942.
Mathias F. Correa, U. S. Atty., of New York City (Jerome H. Doran, Asst. U. S. Atty., of New York City, of counsel), for the United States.
Wellman, Smyth, Lowenstein & Fennelly, of New York City (Leo C. Fennelly, of New York City, of counsel), for defendants.
MOSCOWITZ, District Judge.
The defendants Robert E. Rew, James Henry Ferdon Saier and Robert E. Rew & Co., Inc., have demurred to the indictment herein on the following grounds:
"1. That none of the counts of the indictment state facts sufficient to constitute a crime against the United States in that the first three counts fail to state facts constituting a scheme to defraud, and that the fourth count fails to state facts constituting a conspiracy.
"2. That each count of the indictment is so vague, indefinite and uncertain that it prevents the defendants from making a defense, and fails to protect the defendants against being twice put in jeopardy for the same offense."
The indictment charges that the defendants used the mails to defraud, in violation of Title 18, Section 338, U.S.C.A., and in violation of 15 U.S.C.A. § 77q(a), and with a conspiracy to violate both of these sections.
An indictment is insufficient unless it advises the defendant of the charge which he is required to meet. The indictment should charge the defendant with sufficient particularity so as to enable him in a subsequent prosecution for the same offense to set up his conviction or acquittal as a plea in bar. Fontana v. United States, 8 Cir., 262 F. 283.
In order to assert a crime for using the mails to defraud the government is required to prove a scheme to defraud and the use of the mails in furtherance thereof.
The indictment here charges that beginning on or about May 1, 1937, and up to the time of the filing of the indictment March 6, 1942, the defendants induced their victims by false and fraudulent representations, pretenses and promises to part with their money and property in the purchase of fractional undivided interests in oil and gas leases.
The indictment further states that it was a part of the scheme in order to defraud that the defendants would induce and attempt to induce their victims by mail, telephone and personal interviews to purchase the fractional undivided interests in oil and gas leases by, among other things, representing:
"That the Dahlgren lease owned by Archie H. Carpenter, a defendant herein, was in proven territory;
"That the Dahlgren lease owned by Archie H. Carpenter, a defendant herein, was surrounded by producing oil wells owed by the major oil companies;
"That defendants would...
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