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ELBEL v. UNITED STATES

No. 8306.

364 F.2d 127 (1966)

Donald R. ELBEL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

July 14, 1966.

Attorney(s) appearing for the Case

Murry L. Randall, St. Louis, Mo. (Morris A. Shenker, St. Louis, Mo., Herbert Fredman, Overland, Kan., and Joseph H. McDowell, Kansas City, Kan., with him on brief), for appellant.

Thomas E. Joyce, Kansas City, Kan. (Newell A. George, U. S. Atty., Mahlon M. Frankhauser, Atty. and Asst. Director, and David J. Myerson, Atty., Securities & Exchange Commission, Washington, D. C., with him on brief), for appellee.

Before MURRAH, Chief Judge, SETH, Circuit Judge, and CHRISTENSEN, District Judge.

MURRAH, Chief Judge.

This is an appeal by Elbel from a judgment and sentence pursuant to a guilty verdict on five counts of an indictment charging separate violations of the anti-fraud provisions of the Security Act of 1933, 15 U.S.C. § 77q(a), and eight counts of mail fraud in violation of 18 U.S.C. § 1341.1 All counts essentially accuse the appellant of having devised an unlawful scheme to offer and sell investment certificates...

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