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UNITED STATES v. McCANN

No. 309.

32 F.2d 540 (1929)

UNITED STATES v. McCANN et al.

Circuit Court of Appeals, Second Circuit.

May 6, 1929.

Attorney(s) appearing for the Case

George N. Jesse and John A. Bolles, both of New York City (Edwin L. La Crosse, of New York City, of counsel), for appellant Whitaker.

Benjamin F. Fanger, of New York City (Albert Henry Aronson, of New York City, and H. Lawrence Jessop, of New York City, of counsel), for appellant McCann.

Charles H. Tuttle, U. S. Atty., of New York City (Owen S. M. Tierney, Asst. U. S. Atty., of New York City, of counsel), for the United States.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

MANTON, Circuit Judge.

This is an appeal from a judgment of conviction, after indictment charging crimes under sections 215 and 37 of the United States Criminal Code (18 USCA §§ 88, 338). A scheme to defraud and the use of the mails in furtherance thereof was established by the proof of a so-called "front money game." The appellants for more than three years represented and held themselves out to corporations in search of additional capital as experts in...

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