United States v. Serpico, 223.
| Decision Date | 26 February 1945 |
| Docket Number | No. 223.,223. |
| Citation | 148 F.2d 95 |
| Parties | UNITED STATES v. SERPICO. |
| Court | U.S. Court of Appeals — Second Circuit |
Henry G. Singer, of Brooklyn, N. Y. (Harry Silver, of Brooklyn, N. Y., on the brief), for defendant-appellant.
Mario Pittoni, Asst. U. S. Atty., of Brooklyn, N. Y. (T. Vincent Quinn, U. S. Atty., and Vine H. Smith and Albert V. De Meo, Asst. U. S. Attys., all of Brooklyn, N. Y., on the brief), for plaintiff-appellee.
Before EVANS, CLARK, and FRANK, Circuit Judges.
Defendant's contention that prosecution for possessing and passing counterfeit gasoline ration coupons can be had only under the Second War Powers Act, § 301, 50 U.S.C.A.Appendix, § 633, 2(a) (5), because the violated regulations were issued under that Act, cf. United States v. Randall, 2 Cir., 140 F.2d 70; United States v. Todaro, 2 Cir., 145 F.2d 977, is in substance a claim of repeal pro tanto of the old statute upon which this indictment was actually based. Criminal Code § 28, 18 U.S.C.A. § 72, prohibiting the counterfeiting of any "bond, bid, * * * affidavit, or other writing, for the purpose of defrauding the United States." But implied repeal is not to be had where, as here, there is no repugnancy between the two statutes. United States v. Gilliland, 312 U.S. 86, 95, 61 S.Ct. 518, 85 L.Ed. 598; United States v. Borden Co., 308 U.S. 188, 198, 60 S.Ct. 182, 84 L.Ed. 181. As held in United States v. Raskin, D.C.E.D.N.Y., 52 F.Supp. 343, and United States v. Mullin, D.C.E.D.Mo., 51 F.Supp. 785, forged gasoline coupons come within usual definitions of "other writings" intended to defraud the United States, since it is not necessary to show pecuniary loss to the United States, "impairment of the administration of its governmental functions" being sufficient. United States v. Goldsmith, 2 Cir., 68 F.2d 5, 7, certiorari denied Goldsmith v. United States, 291 U.S. 681, 54 S.Ct. 559, 78 L.Ed. 1068; Johnson v. Warden, 9 Cir., 134 F. 2d 166, certiorari denied 319 U.S. 763, 63 S.Ct. 1320, 87 L.Ed. 1714; Head v. Hunter, 10 Cir., 141 F.2d 449, 451, and cases cited. The requirement of Ration Order No. 5C, § 1394.8004, for endorsement on the coupons of the license number and state of registration of the vehicle for which the ration is issued, is for purposes of identification and cancellation of the coupons, not for their original validation.
This substantially disposes of the appeal, for the indictment and charge were sufficient, as was the evidence under Counts 1 and...
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Carney v. United States
...18 U.S.C.A. § 72. It is our opinion that gasoline ration coupons come within "other writings" under 18 U.S.C.A. § 72. See United States v. Serpico, 2 Cir., 148 F.2d 95; United States v. Michener, 67 S.Ct. 1509. The point is inherent in the latter case, and the Supreme Court's reversal is ta......
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