UNITED STATES v. SCHENCK

No. 60.

126 F.2d 702 (1942)

UNITED STATES v. SCHENCK et al.

Circuit Court of Appeals, Second Circuit.

March 21, 1942.


Attorney(s) appearing for the Case

Corbin & Bennett and Newgass & Nayfack, all of New York City (Joseph M. Proskauer, Harold H. Corbin, David Katz, Edward J. Bennett, Bertram S. Nayfack, A. H. Frisch, and Henry Klein, all of New York City, of counsel), for appellant Joseph M. Schenck.

Corbin & Bennett and Newgass & Nayfack, all of New York City (John W. Davis, Bertram S. Nayfack, A. H. Frisch, Porter R. Chandler, Francis Shackelford, and Laurence Eliot Bunker, all of New York City, of counsel), for appellant Joseph H. Moskowitz.

Mathias F. Correa, U. S. Atty., of New York City (Samuel Brodsky, Louis W. Goodkind, and Boris Kostelanetz, Asst. U. S. Attys., all of New York City, of counsel), for appellee.

Before SWAN, CHASE, and FRANK, Circuit Judges.


SWAN, Circuit Judge.

The appellants were convicted under an indictment containing four counts. The first three counts charged them with attempting to evade and defeat the income tax liability of appellant Schenck for the calendar years 1935, 1936 and 1937 respectively, contrary to 26 U.S.C.A. Int. Rev.Code, § 145(b). The fourth count charged a conspiracy to commit the crimes alleged in the prior counts. After a lengthy trial the jury found Schenck guilty on counts...

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