United States v. Scoratow, Cr. 14683.

Decision Date05 January 1956
Docket NumberCr. 14683.
Citation137 F. Supp. 620
PartiesUNITED STATES of America v. Louis SCORATOW, alias Louis Dalo, alias Louis Scott, alias Louis Scrado.
CourtU.S. District Court — Eastern District of Pennsylvania

D. Malcolm Anderson, Jr., U. S. Atty., Pittsburgh, Pa., for plaintiff.

Alexander Cooper, Pittsburgh, Pa., for defendant.

SORG, District Judge.

Defendant was indicted under 18 U.S. C. § 1503. The indictment charged that he "by threats endeavored to influence, obstruct and impede the due administration of justice" by threatening to kill Eugene Friedman, his wife and family, if any information of an incriminating nature was divulged against one Marko Scoratow by Friedman to the Federal Bureau of Investigation during an investigation of Marko Scoratow which it was conducting and in which Friedman was a witness for the United States. Defendant has moved to dismiss the indictment.

Section 1503 of Title 18 provides as follows:

"Whoever corruptly, or by threats or force, or by any threatening letter or communication, endeavors to influence, intimidate, or impede any witness, in any court of the United States or before any United States commissioner or other committing magistrate, or any grand or petit juror, or officer in or of any court of the United States, or officer who may be serving at any examination or other proceeding before any United States commissioner or other committing magistrate, in the discharge of his duty, or injures any party or witness in his person or property on account of his attending or having attended such court or examination before such officer, commissioner, or other committing magistrate, or on account of his testifying or having testified to any matter pending therein, or injures any such grand or petit juror in his person or property on account of any verdict or indictment assented to by him, or on account of his being or having been such juror, or injures any such officer, commissioner, or other committing magistrate in his person or property on account of the performance of his official duties, or corruptly or by threats or force, or by any threatening letter or communication, influences, obstructs, or impedes, or endeavors to influence, obstruct, or impede, the due administration of justice, shall be fined not more than $5000 or imprisoned not more than five years, or both. June 25, 1948, c. 645, 62 Stat. 769."

Section 1503 was amended by Congress to its present form in June of 1948. As applicable here, it is substantially the same as its predecessor, Section 135 of the Criminal Code, 18 U.S. C.A. § 241, except...

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26 cases
  • U.S. v. Howard
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • March 23, 1978
    ...United States, 260 F.2d 744, 746 (9th Cir. 1958); United States v. Knife, 371 F.Supp. 1345, 1347 (D.S.D.1974); United States v. Scoratow, 137 F.Supp. 620, 621-22 (W.D.Pa.1956). The opinion in Haili suggests concern with results rather than manner when it notes that § 1503 " 'is designed to ......
  • United States v. Rosner, 72 Cr. 782.
    • United States
    • U.S. District Court — Southern District of New York
    • December 14, 1972
    ...is that the authority for such a construction of § 1503 is not particularly persuasive. Rosner relies principally on United States v. Scoratow, 137 F.Supp. 620 (W.D.Pa.1956), which held that interference with an FBI investigation was not encompassed by the "obstruction of justice" clause of......
  • United States v. Mitchell
    • United States
    • U.S. District Court — Southern District of New York
    • August 29, 1973
    ...§§ 1503 or 1505. Id. at 1967 U.S.Code & Admin.News p. 1760; United States v. Metcalf, 435 F.2d 754 (9th Cir. 1970); United States v. Scoratow, 137 F.Supp. 620 (W.D.Pa.1956). Once either judicial, agency or congressional proceedings were commenced, the decisions interpreting §§ 1503 and 1505......
  • United States v. Bonanno
    • United States
    • U.S. District Court — Southern District of New York
    • September 30, 1959
    ...might not apply to the correctional or investigatory arms of the government, see Haili v. United States, supra; United States v. Scoratow, D.C.W.D.Pa.1956, 137 F.Supp. 620 (obstruction of the F.B.I.), certainly obstruction of grand jury functions is within the purview of the statute. See Un......
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