United States v. Lukasik, 14367

• Decision Date: 15 March 1965
• Docket Number: 14368.,No. 14367,14367
• Citation: 341 F.2d 325
• Parties: UNITED STATES of America, Plaintiff-Appellee, v. Gerald M. LUKASIK, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. David J. TINUCCI, Defendant-Appellant.
• Court: U.S. Court of Appeals — Seventh Circuit

341 F.2d 325 (1965)

UNITED STATES of America, Plaintiff-Appellee, v. Gerald M. LUKASIK, Defendant-Appellant.

UNITED STATES of America, Plaintiff-Appellee, v. David J. TINUCCI, Defendant-Appellant.

Nos. 14367, 14368.

United States Court of Appeals Seventh Circuit.

January 29, 1965.

Rehearings Denied March 15, 1965.

Anna R. Lavin, Robert L. Berner, Jr., Raymond J. Smith, Chicago, Ill., for appellants.

Edward V. Hanrahan, U. S. Atty., Raymond F. Zvetina, Asst. U. S. Atty., Chicago, Ill., for appellee.

Before DUFFY, KNOCH and CASTLE, Circuit Judges.

KNOCH, Circuit Judge.

David J. Tinucci, Gerald M. Lukasik and Robert J. Baran were charged in a one-count indictment with unlawfully, wilfully, and knowingly conspiring to counterfeit $5 silver certificates of the United States in violation of Title 18 U.S.C. § 371, conspiracy to commit an offense against the United States or to defraud the United States. Robert Baran was dismissed as a defendant. Trial of the other two defendants resulted in a verdict of guilty and sentences of five years each. This appeal followed.

The appellants cite as error: (1) insufficient legal evidence to support conviction; (2) improper admission of hearsay evidence; (3) improper admission of evidence of offenses not charged; (4) improper remarks of the Court respecting appeal and conspiracy; (5) wrongful preclusion of evidence on behalf of defendant Gerald Lukasik and frustration of his theory of defense; and (6) failure to establish venue.

The evidence adduced at the trial indicates the following. When he was arrested on February 24, 1961, defendant Lukasik, who was a printer by trade, told Secret Service Agents that he had met defendant Tinucci, who was not a printer and not familiar with the printing business, during the summer of 1960 when Tinucci visited Joe Luchetti doing business as Freke Printing Company, in Cicero, Illinois, where defendant Lukasik was employed as operator of a 1250 multilith press.

Lukasik told the agents that Tinucci sought his help in equipping a printing shop in return for which Lukasik was to have the use of the shop evenings.

There followed a number of transactions whereby premises, equipment and supplies were obtained under a variety of false and assumed names and addresses. We note a few examples which are typical of the incidents disclosed in the evidence.

On November 8, 1960, Tinucci representing himself to be Mario Muccianti, signed a credit application at the Ability Service Company, 700 S. Dearborn Street, in connection with inquiry about purchase of a multilith press, giving the address in Cicero, Illinois, of the real Mario Muccianti who had not authorized such use of his name.

On November 14, 1960, both defendants visited Tompkins Printing Equipment Company, 712 S. Dearborn Street, Chicago, where Tinucci had previously inquired about a press and where he was known as Anthony Rocco.

Tinucci introduced defendant Lukasik as Jerry Jurzak, said he was opening a printing business at 711 S. Dearborn Street with Lukasik operating the equipment.

Lukasik approved a 1250 addressograph multilith offset duplicating machine. They also selected an ATF Mastercraft camera. Tinucci signed an order blank in the name of Anthony J. Rocco with an address in Cicero, Illinois, with a notation that he was not to be "contacted at home," so that his wife would not learn he was going into the printing business. The address given was that of an old acquaintance, Leo Mazzolini, sometimes spelled "Muzzolini." Mario Muccianti who had seen Tinucci almost daily for ten years never knew him to be married.

November 17, 1960, Tinucci rented Room 205 at 711 S. Dearborn Street, under the name Leo Muzzolini, stating that he and his partner Mr. Rocco were starting in the printing business. He also signed a lease with Tompkins Company for the 1250 multilith press, the camera and other equipment under the name Anthony J. Rocco. When Tinucci returned the lease for Room 205 to the rental agent, it bore the signatures of Leo Muzzolini and Anthony Rocco. The actual Leo Muzzolini did not sign the lease or authorize the use of his name.

Late in November, 1960, Lukasik told his friend Baran of a man who needed a driver, that Lukasik was going to do printing for that man, that he would get some jobs on the side as well and would teach Baran the business. Lukasik introduced Tinucci to Baran in a Cicero tavern as Anthony Rocco. Tinucci told Baran he needed a driver and helper in opening up a print shop.

Also in November, 1960, Tinucci and Baran visited Warner Paper Company on South Wells Street, Chicago (where on a prior visit Tinucci, introducing himself as Jack Monticello of B & J Printing, had secured a sample of the "oldest" rag bond paper for a "particular customer") and bought four reams of Weston's Definance Bond 100% rag paper, Tinucci giving his firm name as B & J Printing Company of 3501 West North Avenue, which in fact was the address of Leader Cleaners.

November 28, 1960, Baran drove Tinucci from Cicero to the Tompkins Company on Dearborn Street, where Tinucci (signing the name Anthony Rocco) rented equipment to make offset plates, which equipment was then brought to Room 205 where Baran saw a 1250 multilith press and camera. The same day they also visited Dwight Brothers Paper Company on Clark Street in Chicago and ordered a ream of Defiance Bond. Baran signed the order "R. J. Keren" at Tinucci's request because, he stated, Tinucci did not want it known he was in the printing business. A false firm name and address were also given. Baran later sought to exchange the paper for an older less bright shade.

Tinucci would telephone Baran when to pick him up and would advise him what to say when they went to obtain equipment and materials.

December 2, 1960, Tinucci ordered all the Defiance Bond in stock at Warner Paper Company, explaining in response to inquiry that he had not set up shop at the address originally given but at another address in Cicero, Illinois. At the time, the shop in Room 205 was not yet in actual operation.

There was testimony that in the Chicago area only these two firms, Warner and Dwight sold this paper.

Baran assisted Lukasik in setting up shop in Room 205, usually in the evening, and sometimes was there with Tinucci. Outside of the brief appearance of some delivery men, he saw nobody else there. All three, Baran, Lukasik and Tinucci had keys to Room 205.

Baran saw Lukasik operate the camera and press when Lukasik printed a rug cleaning advertisement and a policemen's examination. Baran never did learn how to run the press. Lukasik told the agents that he had never taught Tinucci either.

Early in February, 1961, Lukasik brought a box of white cards to Baran's home. The next day when Baran told Lukasik that the cards were reproductions of blank Selective Service and Illinois Voter Registration cards, Lukasik said that he had printed them for Rocco who was supposed to sell them or otherwise get rid of them, and that Lukasik did not want to keep them.

On February 2, 1961, having been advised by the building management that the rent for Room 205 was due and that the room would be repossessed, U. S. Secret Service Agents conducted a search. They found the 1250 multilith press, the ATF Mastercraft camera, a paper cutter, a vacuum frame, inks, paper and a pile of trash.

Inside the base of the press below the printing cylinder were two small scraps of a counterfeit $5 bill. In the trash pile was a piece of a negative of a genuine $5 bill, two border portions of a counterfeit $5 bill, and a piece of Weston's Defiance Bond 100% cotton fibre paper. They also found a package of offset paper and five empty ream packages of Cortland bond paper. Inside the camera were two negatives of Selective Service cards bearing the names Lukasik and Baran.

Six counterfeit $5 bills which had come into the possession of the Chicago office of the Secret Service between December, 1960, and February, 1961, the scraps found in the press, and samples of the bond paper bought by Tinucci from...