United States v. Janowitz

• Decision Date: 07 November 1921
• Docket Number: No. 49,49
• Citation: 42 S.Ct. 40,257 U.S. 42,66 L.Ed. 120
• Parties: UNITED STATES v. JANOWITZ et al
• Court: U.S. Supreme Court

257 U.S. 42

42 S.Ct. 40

66 L.Ed. 120

UNITED STATES

v JANOWITZ et al.

No. 49.

Argued and Submitted Oct. 20, 1921.

Decided Nov. 7, 1921.

Mr. Wm. C. Herron, of Washington, D. C., for the United States.

Mr. Jonah J. Goldstein, of New York City, for defendants in error.

Mr. Justice McKENNA delivered the opinion of the Court.

This case was submitted with No. 48, United States v. Sacks, 257 U. S. 37, 42 Sup. Ct. 38, 66 L. Ed. ——. It as decided in the District Court at the same time as the Sacks Case and upon the same opinion, the legal propositions being the same in both cases. They were presented upon demurrers to the indictments.

The indictment in the present case is in two counts, the first charging a violation of section 37 of the Criminal Code (Comp. St. § 10201), and the second charging a conspiracy under section 37 to violate section 148 (section 10318). The basis of both is a conspiracy to defraud the United States by the violation of the Act of Congress of September 24, 1917, passed on in United States v. Sacks. The ways and means of the execution of the conspiracy are described with much detail by a recitation of the Acts of Congress of September 24, 1917, and September 24, 1918 (Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 6829l), and the provisions of the circulars issued by the Secretary of the Treasury providing for the execution of the purpose of those acts. And specifically, it is averred that the defendants in the case, defendants in error here, purchased from persons not authorized by the Secretary of the Treasury to sell the same, a quantity of war savings certificates of the series of 1918 and 1919, with savings certificate stamps affixed thereto, and that the defendants well knew that the certificates and the stamps were not transferable, were worthless in their hands, and could not be redeemed by them at or prior to maturity dates thereof, and were not payable to any one save one who had purchased them from an authorized agent of the United States, and to a person whose name was written on them at the time of issue and purchase, but conspired to obtain them for themselves from the United States prior to the maturity date of the certificates and stamps knowing that they were not entitled thereto and that the United States was not obligated to pay them, and thereby defraud the United States.

The defendants as part of their conspiracy, is the further averment, conspired to obtain in a manner contrary to the provisions of the act of Congress to the effect that the amount of certificates sold to any one person at any one time should not exceed $100, a number of blank certificates of a maturity value in excess of $100, to which stamps had not been affixed and on which the name of the owner had not been written, to detach from the certificates so purchased, the stamps, and to affix the stamps to blank certificates and to write upon them the name of some person, other than any one of the defendants, and to present them at a post office of the United States for payment.

To effect the object of the conspiracy it is averred that the defendant Janowitz, at the Southern district of New York, maintained during the months of August and September, 1919, an office for the purpose of purchasing certificates and stamps, and that in the manner described, the defendants at the times and places set forth conspired to defraud the United States, and one of them did an 'act to effect the object of the conspiracy against the peace of the United States, and their dignity contrary to the form of the statute of the United States in such case made and provided.' Section 37, U. S. C. C.

The second count, with about the same detail of...