UNITED STATES v. THIES

Nos. 77-1334, 77-1388.

569 F.2d 1268 (1978)

UNITED STATES of America v. Winthrop Drake THIES, Appellant. UNITED STATES of America v. Lewis MARCUS, Appellant.

United States Court of Appeals, Third Circuit.

Decided January 23, 1978.


Attorney(s) appearing for the Case

Norman A. Olch, New York City, for Winthrop Drake Thies.

Roger A. Lowenstein, Lowenstein, Sandler, Brochin, Kohe & Fisher, Newark, N. J., for Lewis Marcus.

Jonathan L. Goldstein, U. S. Atty., Maryanne T. Desmond, Asst. U. S. Atty., Newark, N. J., for appellee.

Before ALDISERT and WEIS, Circuit Judges, and CHRISTENSEN, District Judge.


OPINION OF THE COURT

WEIS, Circuit Judge.

The issue in this appeal is not whether the defendants' reprehensible conduct was a criminal offense, but whether it was a federal crime. To establish jurisdiction, the government was required to establish that the sale of certain worthless bonds constituted interstate commerce. The proof, however, was lacking. We find an unexplained nine-year gap from the time the securities were converted in Arizona or California...

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