United States v. Zizzo, No. 14411.
| Court | United States Courts of Appeals. United States Court of Appeals (7th Circuit) |
| Writing for the Court | HASTINGS, , DUFFY and SWYGERT, Circuit |
| Citation | 338 F.2d 577 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Frank Nick ZIZZO, Alexander Stasnick, Hugo A. Lazzareschi and Walter Wojciechowski, Defendants-Appellants. |
| Docket Number | No. 14411. |
| Decision Date | 16 December 1964 |
338 F.2d 577 (1964)
UNITED STATES of America, Plaintiff-Appellee,
v.
Frank Nick ZIZZO, Alexander Stasnick, Hugo A. Lazzareschi and Walter Wojciechowski, Defendants-Appellants.
No. 14411.
United States Court of Appeals Seventh Circuit.
October 19, 1964.
Rehearing Denied December 16, 1964.
Maurice J. Walsh, Edward J. Calihan, Jr., Chicago, Ill., for appellant.
Herbert J. Miller, Jr., Asst. Atty. Gen., Sidney M. Glazer, Atty., U. S. Dept. of Justice, Washington, D. C., Alfred W. Moellering, U. S. Atty., Fort Wayne, Ind., Beatrice Rosenberg, Allen J. Krouse, Dougald D. McMillan, Attys., Dept. of Justice, Washington, D. C., for appellee.
Before HASTINGS, Chief Judge, DUFFY and SWYGERT, Circuit Judges.
DUFFY, Circuit Judge.
The defendants were indicted in a twenty-count indictment. Counts 2 through 19 charged violations of Sections 1952 and 2, Title 18 U.S.Code, in that they did travel in interstate commerce with intent to carry on an unlawful activity, to-wit: gambling and aiding and abetting the same.
Count 1 charged the defendants with conspiring to violate Section 1952, Title 18 U.S.Code. However, all defendants were acquitted of this charge at the close of the evidence.
Count 20 charged a violation of Sections 203 and 501, Title 47 U.S.Code. This charge was dismissed on motion of the Government.
Counts 10, 11 and 12 were dismissed by the Court on motion of the Government at the close of the Government's evidence.
The jury returned verdicts convicting defendant Zizzo on Counts 2 through 9, and 13 through 20; defendant Stasnick on Counts 2 through 8; defendant Lazzareschi on Counts 17 through 19, and defendant Wojciechowski on Count 9 and Counts 13 through 16.
In 1961, defendant Zizzo operated a gambling business (referred to as "bookmaking") at various addresses in Indiana. Zizzo did not leave the state of Indiana in connection with the operation of his business.
The co-defendants of Zizzo were employees in the operation of his gambling business. They took bets for Zizzo at various locations in Hammond, Indiana, such as South Shore Recreation, Hessville Recreation, Wright's Inn and Nardi's. Bets were often phoned in to Zizzo who maintained headquarters in a back room at Nardi's Confectionery, 119th Street, Whiting, Indiana.
As required by Indiana law, Zizzo filed Indiana Employers' Withholding Tax Return Forms. For 1961, this return listed Wojciechowski, Lazzareschi and Stasnick as Illinois residents. A similar return for 1962 gave Illinois addresses for Wojciechowski and Lazzareschi.
In July 1961, Zizzo signed and filed a Federal Wagering Tax Registration form which stated that Wojciechowski lived at a Chicago, Illinois address. Places that Zizzo rented in Hammond were listed as the resident address of two of the co-defendants. Zizzo paid the tax for nine employees including Stasnick, Lazzareschi and Wojciechowski.
In May 1962, Wojciechowski told an FBI agent his true address was in Chicago but that he used a designated address in Hammond at the suggestion of his employer. The testimony also showed that Stasnick informed an FBI agent that he used an Indiana address while actually living in Chicago.
18 U.S.C. § 1952 provides, in pertinent part, as follows:
"Interstate and foreign travel or transportation in aid of racketeering enterprises
"(a) Whoever travels in interstate or foreign commerce or uses any facility in interstate or foreign commerce, including the mail, with intent to —
"(1) distribute the proceeds of any unlawful activity; or
"(2) commit any crime of violence to further any unlawful activity; or
"(3) otherwise promote, manage, establish, carry on, or facilitate the promotion, management, establishment, or carrying on, of any unlawful activity,
and thereafter performs or attempts to perform any of the acts specified in subparagraphs (1), (2), and (3), shall be fined not more than $10,000 or imprisoned for not more than five years, or both.
"(b) As used in this section `unlawful activity\' means (1) any business enterprise involving gambling, liquor on which the Federal excise tax has not been paid, narcotics, or prostitution offenses in violation of the laws of the State in which they are committed or of the United States, or (2) extortion or bribery in violation of the laws of the State in which committed or of the United States.
* * *"
The theory of the Government as to the conviction of Zizzo is that the proof clearly established that Zizzo's gambling operations in Indiana were the inducement for the interstate travel of his employees who lived in Illinois; that Zizzo thus aided and abetted his three co-defendants in that travel and in their engaging in illicit gambling operations in Indiana; that when they crossed the Illinois-Indiana state line, they had the requisite intent to engage in the illegal activity, and that they did, in fact, as employees of Zizzo, receive moneys placed on bets, and did telephone bets to Zizzo's headquarters.
The theory of the Government as to the conviction of defendants Stasnick, Lazzareschi and Wojciechowski is that they were residents of Illinois and travelled in interstate commerce with the requisite intent of...
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