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UNITED STATES v. BENJAMIN

No. 192, Docket 28404.

328 F.2d 854 (1964)

UNITED STATES of America, Appellee, v. Martin BENJAMIN, Bernard Howard and Milton Z. Mende, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided February 17, 1964.

Attorney(s) appearing for the Case

Menahem Stim, New York City (Curran, Mahoney, Felix & Stim, New York City) (Allen S. Stim, John F. Kelly, New York City, of Counsel), for appellant Bernard Howard.

Arthur Addess (Bobick & Deutsch, New York City) for appellant Milton Z. Mende.

Irwin L. Germaise, New York City, for appellant Martin Benjamin.

Neal J. Hurwitz, New York City (Robert M. Morgenthau, U. S. Atty. for the Southern District of New York, John S. Martin, Jr., Asst. U. S. Atty., of Counsel), for the United States of America.

Before MOORE, FRIENDLY and KAUFMAN, Circuit Judges.

FRIENDLY, Circuit Judge.

This appeal concerns another of those sickening financial frauds which so sadly memorialize the rapacity of the perpetrators and the gullibility, and perhaps also the cupidity, of the victims. It is unusual in that the vehicle, American Equities Corporation, owned nothing at all — and, in a happier sense, in that the SEC was able to nip the fraud quite early in the bud. The appellants are Milton Mende, the principal promoter, Martin...

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