ORIE L. PHILLIPS, Circuit Judge.
Williams has appealed from a judgment and sentence on jury verdicts of guilty on 12 counts of a 15-count indictment, charging him with violations of 18 U.S. C.A. § 1341. Each count of the indictment alleged that Williams devised a scheme and artifice to defraud for obtaining money by means of false and fraudulent pretenses, representations and promises, and further alleged a separate and distinct use of the United States mail for the purpose of executing such scheme.
Each count further alleged that the scheme so devised was substantially as follows: That Williams, using the name D. W. Williams Advertising Agency of Dallas, Texas, would contract with a local automobile service station operator in Olathe, Kansas, to promote and advertise the business of such service station operator through the sale by Williams of auto service cards in the name of the station operator; that thereafter, to promote the sale of such cards, Williams would represent to the public by newspaper advertising and over the telephone that for $3.75 [sic]
that such cards would be sent in a sealed envelope, either C.O.D. through the United States mail, or C.O.D. by private messenger, and that the money received from the sale of such cards would be retained by Williams; and that the agreement between Williams and the service station operator would authorize, but not require, the sale of 200 of such cards.
These facts were supported by substantial evidence: On July 24, 1962, Williams entered into a contract with Ronald Zimmerman, owner of the Zimmerman Skelly Service Station at Olathe, Kansas, to promote and advertise the business of such service station through the sale by Williams of auto service cards. The agreement provided that Williams was authorized, but not required, to sell 200 of such auto service cards and that Zimmerman would redeem the offers in such cards upon presentation thereof prior to February 15, 1963, and that such service cards would comprise the following offers:
Williams orally agreed with Zimmerman that the sales of such cards would be made only in Olathe.
The cards contained the following conditions: Only two service jobs would be furnished each time the card owner came to the station for service; the cards would not be valid on Saturday or Sunday; the card holder should telephone for appointments for service; and the five gallons of gasoline would be obtainable only after all the other services had been fully used.
After securing the contract, Williams rented a hotel room in Olathe, had five
Williams hired several women as telephone solicitors and gave each of them a typewritten "sales pitch," which is set out in note,
Moreover, the cards were delivered C.O.D. and the purchasers had no opportunity to examine them before they had paid the purchase price.
The cards for which orders were received in Olathe were delivered C.O.D. in sealed envelopes by private messenger and the cards ordered outside of Olathe were delivered by C.O.D. mail. Although Williams was authorized to sell up to 200 cards, by oral agreement the sales
Zimmerman received a number of telephone calls from people wanting to know about the service cards and concluded that Williams had reached the agreed number of not more than 200 cards. He contacted Williams and the latter told him he had sold 230 cards and was going to stop further solicitations and gave Zimmerman a check for $48, on account of the 30 extra cards he represented he had sold.
The elements of the offenses charged are the devising of a scheme or artifice to obtain money by means of false or fraudulent pretenses, with the specific intent to defraud and the use of the United States mails to execute such scheme.
The sole ground urged for reversal is that the evidence was insufficient to establish the formation of the scheme, with specific intent to defraud. The use of the mails to execute such scheme is not challenged, if the formation of the scheme and the intent to defraud were established.
"Fraudulent representations," as that term is used in § 1341, supra, may be effected by deceitful statements of half truths or the concealment of material facts; and the devising of a scheme for obtaining money or property by such statements or concealments is within the prohibition of the statute.
In passing on the sufficiency of the evidence to support a verdict of guilty in a criminal case, an appellate court will not weigh conflicting evidence or consider the credibility of witnesses.
The appellate courts must view the evidence in a light most favorable to the Government and determine the question of law as to whether there is substantial evidence, either direct or circumstantial, which together with the reasonable inferences that may be drawn therefrom substantiates the verdict.
When so viewed and considered, we feel certain after a careful examination of the record that the verdicts of guilty were supported by substantial evidence.
Affirmed.
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