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Secs. 5(a) (2), 17(a) 1933 Act;
Secs. 371 and 1341, Title
18, U.S.C.

Sec. 17(a), 1933 Act; Secs. 371
and 1341, Title 18, U.S.C.

Mar. 29, 1962 Secs. 5(a) (2) and 17(a), 1933
Act; Secs. 371 and 1341,
Title 18, U.S.C.
Secs. 5(a)(2), 17(a) and 24,
1933 Act; Secs. 2 and 371
Title 18, U.S.C.
May 23, 1962 Sec. 17(a), 1933 Act.

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Feb. 26, 1962

Corp.).

Cage, Ben Jack

6

(Bankers Bond Co.,

Northern District Apr. 22, 1960 of Texas.

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Southern District May 14, 1964 of New York.

Corp.).

Carroll, Howard P.

2

Southern District

(H. Carroll & Co.).

of California.

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Secs. 17(a), 17(a)(2), 1933
Act; Secs. 2, 1341 and 371
Title 18, U.S.C.
Sec. 1621 Title 18, U.S.C....

Secs. 17(a) and 24, 1933 Act; Secs. 9(a) (2) and 32(a), 1934 Act.

Secs. 5(a) (2) and 17(a), 1933
Act; Sec. 1341 Title 18,
U.S.C. and Sec. 371 Title
18, U.S.C.

Sec. 17(a), 1933 Act and Sec.
1341 Title 18, U.S.C.
Secs. 5(a) (1), 5(a) (2) and
17(a), 1933 Act; Sec. 15(a),
1934 Act; Sec. 1341 Title
18, U.S.C.

Secs. 5(a)(1), 5(a)(2), 5(c)
and 17(a), 1933 Act; Secs.
371 and 1341, Title 18,
U.S.C.

Rule 10b-5, 1934 Act.

All defendants found guilty and sentences imposed ranging from 18 months
to 3 years June 18, 1963.

$10,000 bond set for five defendants. One defendant deceased and one
defendant dismissed. Pending as to the four remaining defendants.
Order entered Dec. 27, 1962, dismissing the indictment as to one defendant.
Notice of appeal filed to the USSC from the order entered Dec. 27, 1962.
Pending.
Pending.

Both defendants found guilty on all counts of the indictment; corporate defendant fined a nominal fine of $50 since company is defunct; remaining defendant fined $2,500 and placed on probation for 1 year. Appeal filed by individual defendant. Convictions affirmed by CA-9. Pending.

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Defendant found guilty on 10 counts of an 11-count indictment chargin violations of Secs. 5(a) and 17(a) of 1933 Act; Sec. 15(a) of 1934 Act and mail fraud statutes. Remaining count dismissed. Defendant sentenced to 30 days confinement and fined $10,000.0 Fifteen defendants convicted; various sentences and fines ranging from $200 to $36,000 were imposed. One defendant was dismissed; three defendants were acquitted and five defendants appealed from their convictions. CA-5 affirmed judgment of district court. Pending as to four defendants. Closed.

Columbus Rexall

23

Consolidated Mines

Co.

Vidalakis, Nick S.

1

Caylas, William J.

1

do.

(Jan. 11, 1962

(Information).

do.

Do.

Cromer, L. L.

1

[Jan. 12, 1962

(Informa

Rule 10.6(3), 1934 Act.

Do.

tion).

TABLE 16.-Indictments returned for violation of the acts administered by the Commission, the Mail Fraud Statute (Sec. 1341, formerly 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 1964 fiscal year-Continued

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Crowell, Alec M.

2

Eastern District of Louisiana

Aug. 2, 1962

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(Di Roma, Alexik & Co.).

Dotson, Leighton G...

4

Sec. 17(a), 1933 Act; Sec.
1341, Title 18, U.S.C.

Secs. 5(a) (1), 5(c) and 17(a),
1933 Act; Secs. 371 and
1341. Title 18, U.S.C.
Secs. 371, 1001 and 2 Title 18,
U.S.C.

July 21, 1961 Secs. 17(a) and 24, 1933 Act;
Secs. 2, 371 and 1341, Title
18, U.S.C.

Sec. 17(a), 1933 Act; Sec.
1341 Title 18, U.S.C. and
Sec. 371 Title 18, U.S.C.

Northern District Apr. 21, 1964 Secs. 5(a) (2) and 17(a), 1933

Defendant apprehended May 2, 1963. Pending.

Both defendants pleaded guilty to 2 counts of the indictment for violations of 1933 Act and mail fraud statutes. Sentencing deferred. Pending. Pending.

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Do.

All defendants arraigned July 17, 1963; pleaded not guilty and posted bond of $1,000. Pending.

Pending.

of Texas.

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10(b) and Rule 10b-5, 1934 Act; Sec. 1341 Title 18, U.S.C. May 28, 1962 Secs. 2, 371 and 2314, Title 18, U.S.C. Aug. 23, 1962 Sec. 17(a), 1933 Act; Secs 371 and 1341 Title, 18 U.S.C. Nov. 19, 1962 do.

(Superseding)

Sept. 20, 1962 Secs. 5(a) (1), 5(a)(2), 17(a), 1933 Act; Sec. 1341 Title 18, U.S.C.

Three defendants were given sentences ranging from 6 months to 2 years and fines of $2,500 and $10,000 imposed on said defendants. One defendant deceased. Pending as to the remaining three defendants. Closed.

One defendant pleaded guilty to violating the anti-fraud provisions of 1933
Act and mail fraud statute and sentenced to 3 years. Two defendants
found guilty Apr. 17, 1963, sentenced to 5 years imprisonment and one
defendant fined $10,000. Indictment dismissed as to the remaining
defendant in June 1963.

Defendant found guilty on 7 counts of the indictment in violation of Sec.
17(a) of 1933 Act and 8 counts of Sec. 1341. Sentenced to 15 years imprison-
ment. Pending appeal.

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Mar. 8, 1961 Sec. 17(a) (1), 1933 Act; Secs. | Closed. 371 and 1341, Title 18, U.S.C.

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Fewell, George Hamilton (Permian Oper

2

Western District of Tennessee.

Dec. 14, 1962

ating Co., Inc.).

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Apr. 25, 1963

One defendant found not guilty. Two defendants found guilty on 32
counts of indictment; one defendant sentenced to a total of 10 years and
fined $86,500; the other defendant sentenced to a total of 4 years and
fined $52,000. Appeal filed by two defendants. Decision by CA-9
affirming the convictions.

One defendant convicted and sentenced to 5 years in prison and fined
$2,500. Remaining defendant deceased. Appeal filed.

Jan. 21, 1964 Secs. 17(a), 2 and 24, 1933 Pending.
Act; Sec. 371 Title 18,
U.S.C.

June 28, 1962

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Feb. 28, 1963
Apr. 13, 1961

Garfield, Samuel S.

33

do.

July 14, 1961

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Oct. 9, 1963

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Secs. 5(a) (2) and 17(a), 1933
Act; Sec.15(a) and Sec. 24,
1934 Act; Sec. 1341 Title
18, U.S.C. and Sec. 371
Title 18, U.S.C.

Sec. 17(a), 1933 Act. and

Sec. 1341 Title 18, U.S.C.
Secs. 5(a), 5(e), 17(a), 1933
Act; Secs. 371 and 1341,
Title 18, U.S.C.
Secs. 5(a)(1) and 24, 1933
Act; Secs. 9(a)(2), 9(a) (6)
and 32(a), 1934 Act; Secs.
2 and 371, Title 18, U.S.C.
Secs. 5(a) (1), 17(a), 24, 1933
Act; Secs. 16(a), 32(a),
1934 Act; Secs. 2, 1341, 1343
and 2314, Title 18, U.S.C.
Sec. 10(b) and Rule 10b-5,
1934 Act; Sec. 1341 Title
18, U.S.C.

Secs. 5(a) (2), 17(a), 24 and
2, 1933 Act; Sec. 371,
Title 18, U.S.C.

June 14, 1961 Sec. 17(a), 1933 Act; Secs.
371 and 1341, Title 18,
U.S.C.

Northern District | Sept. 19, 1961
of Illinois.

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One defendant pleaded guilty; sentencing deferred. Pending.

Nineteen defendants found guilty on various counts of the indictment; one
defendant pleaded nolo contendere, and four defendants appealed from
their convictions. CA-2 affirmed judgments of district court. Pending
as to 13 defendants.
Pending.

Do.

One defendant entered plea of guilty. Pending as to remaining 14 defend

ants.

Ten defendants found guilty on all counts of the indictment; sentences
ranging from 1 to 20 years. Appeal filed by each defendant from their
convictions. Remaining defendant not yet apprehended. Pending.
On pleas of guilty both defendants placed on probation for 2 years.

One defendant acquitted May 23, 1962. One defendant on plea of guilty
sentenced to 1 year, suspended and placed on probation and fined $500.
Two defendants sentenced to 3 years imprisonment; filed notice of
appeal on their convictions. Opinion rendered affirming the convictions
of March 29, 1963. Petition for writ of certiorari filed by one defendant.
Pending as to three defendants.

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757-903

TABLE 16.-Indictments returned for violation of the acts administered by the Commission, the Mail Fraud Statute (Sec. 1341, formerly 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 1964 fiscal year-Continued

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Status of case

Secs. 5(a) (1) and (2) and
Sec. 17(a), 1933 Act; Secs.
371 and 1341, Title 18,
U.S.C.

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Secs. 17(a) and 24, 1933 Act;
Secs. 13, 14, 20(c), 32(a),
1934 Act and Sec. 371,
Title 18, U.S.C.
Secs. 5(a) (1) and 24, 1933
Act; and Sec. 371, Title 18,
U.S.C.

Mar. 12, 1964 Sec. 5(a) (1) and Sec. 24,
1933 Act; Sec. 2, Title 18,
U.S.C.

Sec. 17(a), 1933 Act; Secs. 371 and 1341, Title 18, U.S.C.

Judgments of guilty were entered as to 25 defendants, 1 defendant dismissed and 3 defendants deceased as noted in previous report. One defendant sentenced to 3 years, execution of sentence suspended after 5 months and placed on probation for 5 years. Court revoked probation of two defendants, and sentenced them to 1 year. Pending as to remaining 20 defendants.

Pending as to one defendant.

On plea of guilty one defendant sentenced to 1 year and 1 day and fined $15,000; placed on probation for 2 years after serving sentence. Pending as to one defendant. Do.

One defendant arraigned and pleaded guilty to counts 11 and 12 of Sec
1341, Title 18, U.S.C.: sentence of 1 year imposed and suspended and
defendant placed on probation for a period of 2 years. One defendant
acquitted. Pending as to remaining 26 defendants.

One defendant acquitted; one'defendant received a 2-year prison sentence
on his plea of guilty; one defendant received a 3-year suspended sentence
and placed on probation for 5 years. Remaining defendant sentenced
to 3 years imprisonment.

One defendant pleaded guilty. Imposition of sentence suspended and defendant placed on 5 years probation.

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One defendant sentenced to 2 years and remaining defendant sentenced to 3 years.

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Southern District of New York.

Feb. 6, 1961

Mac Schwebel).

Do.

2

..do.

do

Gregory, Kenneth H.

28

New Hampshire.. Sept. 21, 1961

(Canam Invest

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Southern District of Florida.

Aug. 3, 1962

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Southern District of New York.

Aug. 25, 1959

Chemical Corp.).

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Dec. 7, 1960 | Sec. 17(a), 1933 Act; Sec.

Nov. 18, 1960

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Apr. 15, 1964
Sept. 12, 1962

Inc.).

Johnston, Stuart

1

Southern District

Brooks.

of Florida.

Kay & Co..

4

Southern District

Oct. 10, 1962
Feb. 5, 1963

of Texas.

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1001, Title 18, U.S.C.
Secs. 5(a)(1), 5(a)(2), 17(a)
and 24, 1933 Act; Secs. 2
and 371, Title 18, U.S.C.

Sec. 17(a), 1933 Act and Sec.
1341, Title 18, U.S.C.
Sec. 17(a), 1933 Act; Secs.
371, 1341, Title 18, U.S.C.

Secs. 1341, 1343 and 2314,
Title 18, U.S.C.
Sec. 10(b) and Rule 10b-5,
1934 Act; Sec. 1341 Title
18, U.S.C.

Sec. 10(b) and Rule 10b-5,
1934 Act.

Sec. 17(a), 1933 Act; 1341
Title 18, U.S.C. and Sec.
371, Title 18, U.S.C.

Dec. 7, 1959 Secs. 5(a) (1), 17(a) and 24,
1933 Act; Secs. 2 and 371,
Title 18, U.S.C.

Sec. 1621, Title 18, U.S.C...
Secs. 5(a)(2), 17(a), 1933 Act;
Secs. 371, 1341, Title 18,
U.S.C.

Mar. 19, 1963 Sec. 17(a), 1933 Act; Sec. 10(b), 1934 Act and Sec.

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Defendant found guilty and sentenced to serve a maximum of 3 years im. prisonment. Appeal filed Apr. 27. 1964. Pending.

Two defendants pleaded guilty; sentencing deferred. Six other defendants pleaded not guilty and were admitted to bail in amounts ranging from $500 to $15,000. One defendant sentenced to 18 months imprisonment. Appeal pending.

Pending.

One defendant pleaded guilty and was sentenced to 5 years imprisonment,
suspended and placed on probation. Corporate defendant fined $25,000.
Pending as to the remaining defendant.

Defendant pleaded guilty Dec. 21, 1962, to 3 counts of a 6-count indictment
and was sentenced to 3 years imprisonment.

Defendant pleaded guilty and received suspended 7-year prison sentence
and placed on probation for 5 years. Pending as to remaining three
defendants.

Defendant pleaded guilty to 4 counts of the indictment and received sen-
tence of 6 months imprisonment.

One defendant pleaded guilty to counts 1 through 10 of the indictment and
was sentenced to 6 months imprisonment; the remaining defendant
received a fine of $1 on his plea of guilty.

Five defendants given imprisonment ranging from 6 months to 3 years;
six defendants suspended sentences from 1 year to 5 years; one defendant
sentence suspended and fined $5,000; sentencing deferred as to one de-
fendant; one defendant acquitted and two deceased. Appeal filed by
three defendants from the judgment of their convictions. CA-2 affirmed
judgment. Writ of certiorari filed and denied. One defendant found
guilty and sentence deferred. Pending as to three defendants.
Pending.

Two defendants sentenced to 31⁄2 years and fined $5,000. Sentence and all
except $2,000 of the fine suspended; one defendant given a sentence of 1
year and 1 day, suspended and placed on probation for 2 years; one de
fendant sentenced to 3 years and suspended. Remaining two defendants
dismissed.
All defendants found guilty on nolo contendere pleas and sentenced to
various fines.

Jan. 9, 1963 Secs. 5(a)(2), 17(a), 1933 Indictment dismissed as to all defendants Jan. 29, 1964.

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Southern District Sept. 14, 1961 Secs. 5(a) (1) and 24, 1933

of New York. Ohio.

Act; Secs. 371 and 1341,
Title 18, U.S.C.

Apr. 19, 1960 Secs. 5(a) (1) and (2), 5(c)
and 17(a), 1933 Act; Secs.
371 and 1341, Title 18,
U.S.C.

Two defendants pleaded guilty to Count 1 of Sec. 371, Title 18, U.S.C.
Pending.

Sentencing imposed on 13 defendants ranging from 18 months to 2 years
with various conditions for probation as to some defendants, fines from
$1,000 to $3,500; four defendants dismissed and one deceased. Pending.

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