United States v. Moran, 33.

Citation167 ALR 403,151 F.2d 661
Decision Date02 November 1945
Docket NumberNo. 33.,33.
PartiesUNITED STATES v. MORAN et al.
CourtUnited States Courts of Appeals. United States Court of Appeals (2nd Circuit)

Battle, Levy, Fowler & Neaman, of New York City (George Gordon Battle, of New York City, of counsel), for appellant.

John F. X. McGohey, U. S. Atty., of New York City (Bruno Schachner, Asst. U. S. Atty., of New York City, of counsel), for appellee.

Before SWAN and CLARK, Circuit Judges.

SWAN, Circuit Judge.

The appellant Moran was indicted with two other defendants, Germaine Schnitzer and Gladys Roth, upon an indictment charging conspiracy to defraud the United States and to commit various offenses in violation of section 5(b) of Title 50 U.S. C.A.Appendix, Executive Order 8389, as amended, 12 U.S.C.A. § 95a note, issued pursuant thereto, and § 80, Title 18 U.S. C.A. Germaine Schnitzer, the prime conspirator, pleaded guilty; sentence was deferred and she testified for the government. The other two went to trial and were convicted by the jury with a recommendation of extreme leniency. Miss Moran was fined $2500 and sentenced to imprisonment for one year, but execution of the prison sentence was suspended and she was placed on probation for one day on condition that she resign as a member of the Bar of the state and federal courts. She has appealed on two grounds properly saved at the trial: (1) that the evidence was insufficient to justify submission of the case to the jury or to support the verdict, and (2) that a certain exhibit was erroneously received in evidence. Miss Roth did not appeal.

It would serve no useful purpose to recite in detail the evidence adduced by the government in support of its case. In general the conspiracy charged was concerned with the transfer to Germaine Schnitzer of a bank account of some $40,000 belonging to her brother George and his wife Madeleine, and with unsuccessful efforts to effect a transfer of certain securities of theirs which were on deposit with Bankers Trust Company in an account credited to Credit Suisse of Zurich, Switzerland. George and Madeleine Schnitzer were "nationals" of Belgium or France as defined in Executive Order 8389, as amended, and consequently their property was "frozen" by said Order and could not legally be transferred without a license from the Secretary of the Treasury, which was not obtained. The testimony of Germaine Schnitzer, if credited, amply proved the conspiracy and showed Miss Moran to have been a party to it. She took the stand and testified at length in denial of any guilty participation. Which of these witnesses was to be believed was for the jury to determine. It is futile to contend that we should set the verdict aside on the ground that the testimony of Germaine Schnitzer is wholly incredible. There is nothing inherently incredible about it. It is true that the appellant is an attorney of formerly impeccable reputation, and it is also true that when first interviewed by the assistant United States attorney Germaine Schnitzer told a story which did not implicate her co-defendants. It is conceivable, as counsel argues, that her testimony against them may have been wholly fabricated with the hope of obtaining greater leniency for herself if she aided the prosecution in obtaining their conviction. But these considerations did not persuade the jury that her testimony was false, and certainly they...

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22 cases
  • United States v. Agueci
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • 8 Noviembre 1962
    ...does not require modification. See Caminetti v. United States, 242 U.S. 470, 495, 37 S.Ct. 192, 61 L.Ed. 442 (1917); United States v. Moran, 151 F.2d 661 (2d Cir., 1945); United States v. Schwartz, 150 F.2d 627 (2d Cir.), cert. denied, 326 U.S. 757, 66 S.Ct. 97, 90 L.Ed. 454 (1945); United ......
  • Zenith Radio Corp. v. Matsushita Elec. Ind. Co., Civ. A. No. 74-2451
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • 29 Septiembre 1980
    ....... Civ. A. Nos. 74-2451, 74-3247. MDL 189. . United" States District Court, E. D. Pennsylvania. . September 29, 1980. 505 F. Supp. 1191        \xC2"...In United States v. Moran, 151 F.2d 661 (2d Cir. 1945), the Court admitted a memorandum of a telephone conversation made by ......
  • United States v. Kelly
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • 29 Julio 1965
    ...v. Mims, 7 Cir., 1965, 340 F.2d 851, cert. denied, 85 S.Ct. 1535; Proffit v. United States, 9 Cir., 1963, 316 F.2d 705; United States v. Moran, 2 Cir., 1945, 151 F.2d 661. But the temptation to "castigate" such former friends and associates seems to be too strong for any but the most able a......
  • United States v. Stromberg, 214
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • 15 Junio 1959
    ...corroboration of accomplice testimony. Caminetti v. United States, 242 U.S. 470, 495, 37 S.Ct. 192, 61 L.Ed. 442; United States v. Moran, 2 Cir., 151 F.2d 661, 167 A.L.R. 403; United States v. Schwartz, 2 Cir., 150 F.2d 627, certiorari denied 326 U.S. 757, 66 S.Ct. 97, 90 L.Ed. 454; United ......
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