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UNITED STATES v. FINCKE

Nos. 195, 196, Dockets 34936, 34937.

437 F.2d 856 (1971)

UNITED STATES of America, Appellee, v. Richard F. FINCKE and Albert A. Prata, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided February 1, 1971.

Attorney(s) appearing for the Case

Henry Putzel, III, Asst. U. S. Atty., New York City (Jay S. Horowitz, Ross Sandler, Asst. U. S. Attys., and Whitney North Seymour, Jr., U. S. Atty., S.D.N. Y., New York City, on the brief), for appellee.

Thomas Day Edwards, New York City, for defendants-appellants.

Before MEDINA, WATERMAN and FEINBERG, Circuit Judges.

MEDINA, Circuit Judge:

The widespread use of credit cards throughout the country seems to be one of the characteristic features of the American scene of today. And these credit cards have spawned a proliferation of old and new frauds and swindles. In this case credit cards used in connection with the placing of telephone calls ran up a bill of $148,803.43.

The indictment charges appellants Richard F. Fincke and Albert A. Prata with devising a scheme to defraud...

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