Table 23.-Indictments returned for violation of the Acts administered by the Commission, the mail fraud statute (Sec. 338, Title 18, U.S.C.), and other related Federal statutes (where the Commission took part in the investigation and development of the case) which were pending during the fiscal year ended June 30, 1943-Continued
Sec. 17 (a) (1) of 1933 Act;
Sec. 338, Title 18, U.S.C.,
and conspiracy to violate
these statutes.
Secs. 17 (a) (1) and (2) of
1933 Act and Sec. 338, Title 18,
U.S.C., and conspiracy to
violate these statutes.
Sec. 338, Title 18, U.S.C., and
conspiracy to violate this
statute.
Sec. 17 (a) (1) of 1933 Act,
and Sec. 338, Title 18, U.S.C.,
and conspiracy to violate
these statutes.
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On Mar. 16, 1942, Davidow was found guilty and was sentenced to serve 2 years! imprisonment. Case pending as to Melhuish.
After trial, the following defendants were found guilty and sentenced as
follows: C. Franklin Davis, 1 year and 1 day; Claude H. Carter, probation
for 3 years; Fred E. Bennett, 2 years; and Charles E. Oldenburg, 1 year and
1 day. Justus Chancellor was found not guilty. Indictment was dismissed as
to Danner, deceased. Oldenburg appealed and on May 18, 1943 the CCA-7
affirmed the judgment as to aldenburg.
Upon the motion of U.S. Attorney the indictment was nolle prossed on Oct. 8, 1942, as to all defendants.
After trial, defendants were all found guilty and sentenced as follows: Amos
Downs, 2 years, J. B. Henri, 1 year, which sentence was subsequently changed
to 2 years probation, and $2,500 fine; 0. A. Hawley, 18 months. On Feb. 3,
1943, Judgment as to Hawley affirmed by OCA-10.
Indictment dismissed as to Binger on Jan. 29, 1940. Edwards was found guilty
on Jan. 29, 1940, upon his plea of nolo contendere and was sentenced to serve
3 years. He appealed from this judgment and on June 29, 1940, the Judgment
was affirmed by CCA-10. On Mar. 3, 1941, the United States Supreme Court
reversed the judgment. On Sept. 25, 1941, the second trial as to Edwards
opened and in October 1941, Edwards was found guilty on certain counts and
sentenced to serve 5 years. On Oct. 26, 1942, judgment as to Edwards imposed
under the second trial was affirmed by OCA-10. On Dec. 8, 1942, petition for
writ of certiorari was denied.
Case set over until October 1943 term of Court.
Trial set for Oot. 6, 1943.
Pleas of guilty entered by 11 defendants. Indictment dismissed as to 1 defen-
dant. Sentences ranged from 18 months, suspended sentence, to 10 years; and
fines ranged from $500 to $10,000.
Clarke, Godfrey and Feinberg were found guilty by jury on 6 counts charging
violation of Sec. 338, Title 18, U.S.C., and on the conspiracy count, but were
acquitted on the count charging violation of Sec. 17 (a) (1) of the 1933 Aot.
The indictment was nolle prossed as to Prendergast-Davies Company, Ltd.
Feinberg was sentenced to serve 1 year and 6 months; Godfrey 90 days, Clarke
90 days and each of these 3 defendants was fined $1,000. The defendants have
appealed and have been granted an extension of time to Sept. 1, 1943 to file
the record and the assignment of errors.
Five defendants apprehended. Carmi A. Thompson deceased June 22, 1942. Pending.
mley which testigation was carried prior to indiotment.
Table 23.-Indiotments returned for violation of the Acte administered by the Commission, the mail fraud statute (Sec. 338, Title 18, U.S.C.), and other related Federal statutes (where the Commission took part in the investigation and development of the case) which were pending during the fiscal year ended June 30, 1943-Continued
Seos. 9 (a) (1) (B) and (C) and
9 (a) (2) of 1934 Act; Sec.
338, Title 18, U.S.C.; and con-
spiracy to violate these
statutes.
Sec. 338, Title 18, U.S.C.
Secs. 5 (a) and 17 (a) (1) of
1933 Aot, and Sec. 338, Title
18, U.S.C. and conspiracy to
violate Seo. 17 (a) (1) and
Sec. 338, Title 18, U.S.C.
Secs. 5 (a) (1) and 17 (a) (1) of
1933 Act; Seo. 338, Title 18,
U.S.0.3 and conspiracy to violate
these statutes.
Secs. 5 (a) and 17 (a) of 1933
Act, and Seo. 338, Title 18, U.S.C.
Sec. 17 (a) of 1933 Act and con-
spiracy to violate this statute.
Seca. 17 (a) (1), (2) and (3) of
1933 Act, and Seas. 5 (a) (1)
of 1933 Act, Sec. 15 (a) of 1934
Act, and Sec. 338, Title 18, U.S.C.
Sec. 17 (a) (2) of 1933 Act, Seo.
338, Title 18, U.S.C. and ooD-
spiracy to violate these statutes.
Sec. 338, Title 18, U.S.C.
Seos. 17 (a) (1) and (2) of 1933
Aot, Sec. 338, Title 18, U.S.C.
and conspiracy to violate these
statutes.
Sec. 17 (a) (1) of 1933 Aot, and
Sec. 338, Title 18, U.S.C.
Secs. 17 (a) (1) and (2) of 1933
Act, and Sec. 338, Title 18,
U.S.C. and conspiracy to violate
17 (a) (2) and Sec. 338, Title
18, U.S.C.
Secs. 17 (a) (1) and (2) of 1933
Aot, Sec. 338, Title 18, U.S.G.
and conspiracy to violate these
statutes.
Gants found guilty June 20, 1941, as to certain counts charging 17 (a) (1)
violations and mail fraud and was sentenced to serve four years. On April 28,
1942, CCA-8 affirmed judgment of District Court. an oct. 12, 1942, petition
for writ of certiorari denied by U.S. Supreme Court. Application for probe-
tion denied in November, 1942.
Louis C. George was sentenced in 1941 upon his plea of guilty. Case awaiting trial as to Isaacs and Kirby.
E. L. Gibbons was found guilty on May 10, 1943, and was sentenced to serve 3 years. Ruth Gibbons acquitted.
Beck and Slater and West pleaded guilty in June of 1942, and were sentenced to
serve 2 years, 1 year and 1 day, and 2 years, respectively.
On Jan. 29, 1943, Gilbert was sentenced 1 year and 1 day upon his plea of guilty.
Robinson and Gomes were sentenced July 14, 1941, upon their pleas of guilty, to serve 9 months and 15 months respectively. The 2 remaining defendante have not been apprehended.
Gomer pleaded guilty Jan. 16, 1943, and was placed on probation for 5 years on
condition that he make restitution.
On Dec. 7, 1942 each defendant pleaded guilty; on Apr. 12, 1943 a sentence of
3 years imprisonment and 2 years probation was imposed as to George L. Green;
Donald L. Green was sentenced to 3 years. Sentence suspended and this defen-
dant was placed on probation for 3 years on count one and for 2 years on
remaining counts, consecutive thereto.
Hallon pleaded guilty on June 1, 1943 and was sentenced to serve 5 years.
Execution of sentence suspended.
Hansberger found guilty on all counte Mar. 13, 1942, but imposition of sentence was deferred indefinitely.
Hession found guilty My 27, 1943. Arnold R. Hanson and Sven Hanson were
acquitted. Hession was sentenced to one year and one day on counts 1 to 17
and to 3 years on courte 18 to 29. Execution of sentence of 3 years suspended
and Hession placed on probation for 3 years. He filed notice of appeal on
June 9, 1943.
All three defendants found guilty Jan. 19, 1943. Hargrove, the principal
defendant, was sentenced to serve one year and fined $5,000. Cavett and
Leigh were sentenced to one year, each. Ensoution of sentence suspended as
to each of these two defendants for 3 years. Hargrove filed notios of appeal,
Pending.
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Harper and Bonight waived trial by jury. These 2 defendants were found
guilty and were sentenced to serve 10 years and 2 years respectively. Rucker
was found guilty upon his plea of nolo contendere and sentenced to serve 18
months, but on May 1, 1943, was placed on probation of 3 years. Harper and
Bernight have appealed.
Trial opened June 4, 1943. John Harris was found guilty and sentenced to 4
years. He filed notice of appeal and was granted an extension of time to
July 26, 1943 to perfect his appeal.
As of July 1, 1942, the case was pending only as to Horner, who was awaiting
trial. April, 1943 the case was dismissed as to Horner,
Fassett pleaded guilty May 3, 1943. Penting.
Before trial Goldman and Haynes pleaded nolo contendere and were sentenced to
15 months and 18 mouths' imprisonment, respectively. After trial, Benners,
Wiseman and Wood pleaded nolo contendere; Beumere me sentenced to 4 years!
imprisonment. Wiseman and Wood to 15 months each, Frains surrendered Jan. 6
1941 and Brooks is still a fugitive in Canada. Pending.
1 Parenthetical reference is to
which investigation was carried prior to indictment.
Dr July 10, 1961 Americas trated Fate, in, pieced polc comedere to both
int.otate and was placed on probation for a period of 5 years, 224
Sve officers to report to the protection officer during the ensuing 3 year
period. Case pending as to Heider, la, kus later and Noured. Puoding.
(Colonial Trading Company)
Parenthetical reference is to name under which investigation was carried prior to indictment.
Sec. 338, title 28, 1.6.4
and compiracy to violate
Sec, 27 () (2) of 1993 Acty
Sec. 338, Title 18, U.S.C.;
and conspiracy to violate
Sec. 338, Title 18, U.S.C.
Secs, 27 (a) (1) and (2) of
2933 Act, and Sec. 338, Title
18, U.S.C., and conspiracy
to violate Sec. 17 (a) and
Sec. 338, Title 18, U.S.C.
Sec. 17 (a) (1) of 1933 Act;
Sec. 338, Title 18, U.S.C.;
and conspiracy to violate
these statutes.
Sec. 17 (a) (1) of 1933 Act,
and Sec. 338, Title 18,
U.S.C., and conspiracy to
violate Secs. 17 (a) (1) and
(2) of 1933 Act and Sec. 338,
Title 18, U.S.C.
See. 15 (a) of 1934 Act.
Seca. 5 (a) (1) and (2) of
1933 Act, and conspiracy
to violate this statute.
Sec. 338, Title 18, U.S.C
Sec. 338, Title 18, U.S.C.,
and conspiracy to violate
this statute.
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The 3 defendants were found guilty in May, 1942, and were sentenced on June 4
1942, as follows: Henderson, 5 years, fined $6,002; Way, 2 years, fined $1,003
Robbins, 3 years, fined $1,003. These defendants appealed but on Aug. 24
1942, an order was entered by Cr-8 diandesing the appeals for failure to
comply with rules governing criminal appeals.
On Sept. 8, 1942, Way was placed on probation for 2 years.
Trial opened Nov. 23, 1942 concluded Dec. 15, 1942. Louis C. Deluke, Henry and
Estep found guilty as to certain counts. The following sentences were imponed,
Henry and Estep 18 months each; Louis C. Deluke, 2 years. Danny Deluks and
Gull were found not guilty by directed verdict. Louis Deluke, Estep and Henry
appealed. Transcript of record filed June 15, 1943.
Pending
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Trial opened Feb. 6, 1941. After trial commenced, Barth, W. H. Gould, Groes,
Hill, Mott, Rose, Reinhardt, Schofs and devilliers pleaded guilty and Harvey
pleaded nolo contendere. Sentences ranged from a suspended sentence to 5
years' imprisonment. Samuel J. Lewis pleaded guilty on Sept. 9, 1942 and
was given a suspended sentence of 3 years and placed on probation for that
period. Case pending as to C. Wayne Gould who has not been apprehended.
Hauser and MoCormack were sentenced in 1940 upon their pleas of nolo contendere
to six years and $1000 fine, and 15 months respectively; Holmes was found
guilty and sentenced on May 14, 1940 to 15 years and fined $25,000. Judgment
as to Holmes was affirmed on Nov. 27, 1940 by CCA-8. On government's consent,
petition of Holmes for writ of certiorari was granted Dec. 8, 1941 by U. 3.
Supreme Court, judgment vacated and case remanded to OCA-8. On Mar. 4, 1943
CCA-8, upon second hearing, affirmed the judgment as to Holmes. On June 14
1943 petition for writ of certiorari was denied by the Supreme Court.
Bolden and Kraus pleaded guilty June 1, 1942, and each was sentenced to serve
1 year and 1 day. Execution of sentences suspended. Albert Janis was son-
tenced on May 17, 1943, upon his ples of nolo contendere, to serve 1 year
and 1 day; sentence suspended and defendant placed on probation for that
period.
Trial opened Jan. 12, 1942. Indictment dismissed as to Hofheins, Jennings,
and Durland. On March 17, 1942, the jury was discharged, having failed to
reach a verdict. Trial set for Oct. 18, 1943.
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Table 23.-Indictments returned for violation of the Acts administered by the Commission, the mail fraud statute (Seo. 338, Title 18, U.8.C.), and other related Federal statutes (where the Commission took part in the investigation and development of the case) which were pending during the fiscal year ended June 30, 1943-Continued
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Sec. 17 (a) (1) of 1933 Act,
and Sec. 8 (b) of 1934 Act,
and Sec. 338, Title 18,
U.S.C., and conspiracy to
violate Sec. 17 (a) (1) of
1933 Act, and Sec. 338, Title
18, U.S.C.
Secs. 17 (a) (1), (2) and (3)
of 1933 Act, and Sec. 338,
Title 18, U.S.C., and con-
spiracy to violate these
statutes.
Sec. 338, Title 18, U.S.C.
Secs. 17 (a) (1), (2) and (3)
of 1933 Act, and conspiracy
to violate this statute.
Sec. 338 Title 18, U.S.C., and
conspiracy to violate this
statute.
Sec. 17 (a) (1) of 1933 Act,
and Sec. 338, Title 18, U.S.C.
Sec. 9 (a) of 1934 Act and
conspiracy to violate this
statute.
Sec. 17 (a) (1) of 1933. Act,
and Sec. 338, Title 18, U.S.C.
Sec. 338, Title 18, U.S.C.
Sec. 17 (a) (1) of 1933 Act,
and Sec. 338, Title 18, U.S.C.
Secs. 17 (a) (1) and (2) of 1933
Act and conspiracy to violate
this statute.
Sec. 338, Title 18, U.S.C. and
conspiracy to violate this
statute.
Sec. 338, Title 18, U.S.C.
Sec. 338, Title 18, U.S.C.
Secs. 17 (a) (1) and (2) of
1933 Act, 7(e) of the 1934,
and Sec. 338, Title 18, U.S.C.
Sec. 17 (a) (1) of 1933 Act, and
Sec. 338, Title 18, U.S.C.
On May 6, 1943, the following defendants were found guilty on all counts;
Kalamazoo Land Company, Independent Marketing Corporation, Frank H. Hibberd,
Jr., Louise H. C. von Lenz Nields. Wiener was acquitted and the jury
disagreed as to Swanson. The corporate defendants were each fined $5,000.
Hibbard was sentenced to serve 5 years and was placed on probation for 2
years after completion of sentence. Mrs. Hields was sentenced to serve 2
years and was placed on probation for 2 years after completion of sentence.
Pending.
Kennedy pleaded guilty June 19, 1941, and was sentenced on July 8, 1941 to 2
years to be served concurrently with sentence imposed in case of U. S. v.
John G. Anderson, et al.
Trial as to Clancy opened Dec. 12, 1941, but jury was unable to agree and a
mistrial was entered. On May 29, 1942, Clancy entered a plea of nolo con-
tendere and was sentenced on June 8, 1942, upon this plea, to serve a total
imprisonment of 2 years.
On Dec. 23, 1942, an order was entered retiring the case as to L. G. Baby,
subject to reinstatement for sufficient cause.
On Nov. 24, 1942, Konsberg and Hilquist entered pleas of guilty as to certain
counts. On Jan. 15, 1943, sentence was suspended as to these 2 defendants
and each was placed on probation for 2 years. Indictment was dismissed as to
Scheid (deceased), and as to Breseman.
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Lieberman pleaded guilty Jan. 26, 1943 and Shapiro pleaded guilty on Feb. 26,
1943. Each defendant was fined $500, and Lieberman was placed on two years!
probation.
Linssa pleaded guilty to both indictments on Apr. 7, 1943, and was sentenced
to serve a total imprisonment of 7 years. Metrial was entered as to Duggan.
Low surrendered on Feb. 24, 1939, and was later released on bail. He failed
to appear at the pre-trial hearing set for June 23, 1941, and his bond was
forfeited. Walter H. Hardie is a fugitive in Canada. Pending.
Trial began on Apr. 6, 1943 as to both indictments. Lydon, Jacobs, Lipsett,
Jones and Felty entered pleas of guilty; Coshnear pleaded nolo contendere
but later withdrew that plea and entered a plea of guilty; sentences ranged
from 18 months' imprisonment to three years probation.
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MoDermott found guilty May 22, 1942, and was sentenced to serve 5 years. Judgment affirmed by CCA-7 on Nov. 11, 1942. Petition for writ of certiorari denied Feb. 15, 1943.
Macon was convicted on all counts on Feb. 7, 1941; motion for new trial granted Nov. 24, 1942. Schley was acquitted.
1 Parenthetical reference is to name under which investigation was carried prior to indictment.
1 Parenthetical reference is to name under which investigation was carried prior to indictment.
338, 716. 18, V
conspiresy to violete ses.
338, Title 18, U.S.C.
Sec. 338, Title 18, U.S.C.
Seca. 80 and 231, Title 18,
U.S.C.
Sec. 17 (a) (1) and (2) of 1933
.Act, and Sec. 338, Title 18,
U.S.C., and conspiracy to
violate these statutes.
Sec. 17 (a) (1) of 1933 Act; Sec.
338, Title 18, U.S.C., conspiracy
to violate Sec. 338, Title 18,
U.S.C.
Seca. 5 (a) (1) and (2) and 17 (a)
(1) of 1933 Act; Sec. 338, Title
18, U.S.C.; and conspiracy to
violate Seos. 5 (a) and 17 (a) of
1933 Act, and Sec. 338, Title
18, U.S.C.
Sec. 17 (a) (1) of 1933 Act; Sec.
338, Title 18, U.S.C., and oon-
spiracy to violate Seo. 17 (a) of
1933 Act and Sec. 338, Title 18,
U.S.C.
Secs. 5 (a) (2) and 17 (a) (1) of
1933 Act and Sec. 338, Title 18
U.S.C.
Indictment dismissed as to Edwards in April of 1943, on motion of united states
Attorney. Pettigrew entered a plea of nolo contendere, imposition of sen-
tence deferred.
Demurrer to indictment sustained Oct. 28, 1941 and firet indictment dismissed.
Motion to quash indictment of Deo. 11, 1941, overruled. Case awaiting trial.
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