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UNITED STATES v. WITT

No. 23073.

215 F.2d 580 (1954)

UNITED STATES of America, Appellee, v. Dave WITT, Abraham Inkeles and Murray Talanker, Appellants.

United States Court of Appeals Second Circuit.

Decided September 7, 1954.

Attorney(s) appearing for the Case

J. Edward Lumbard, U. S. Atty. for the Southern Dist. of New York, New York City (Howard A. Heffron, Brooklyn, N. Y., Leonard S. Sand, New York City, of counsel), for appellee.

Murray E. Gottesman, New York City (Albert A. Blinder and John M. Foley, New York City, of counsel), for appellants Witt and Inkeles.

Benenson & Israelson, New York City (Aaron Benenson, New York City, of counsel), for Talanker.

Before CHASE, Chief Judge, and FRANK and HINCKS, Circuit Judges.

FRANK, Circuit Judge.

The indictment, under which appellants were tried, charged that O'Brien, Talanker, Witt, Inkeles and Rourke, former Internal Revenue Agents, named as defendants, and Zelnick and Miller, named as co-conspirators but not as defendants, conspired together, in violation of 18 U.S.C. § 371 and 26 U.S.C. § 4047 (e)(4), from about December 23, 1946 until August 31, 1952, "to defraud the United States" and also "to defraud the United States...

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