Nemec v. United States Dawson v. United States

By an indictment found against them, Nemec and Dawson were charged with devising a scheme to defraud investors in contracts and profit sharing agreements relating to the location and operation of mining claims. The indictment listed 19 sepa- . rate alleged false and fraudulent pretenses, representations and promises. Fifteen overt acts were alleged to have been committed in carrying out the scheme.

Count 1 charged that the defendants conspired to violate the Act relating to the use of the mails to defraud, and the Securities Act of 1933, as amended. Count 2 charged Nemec and Dawson with violation of the Mail Fraud Act through the same scheme to defraud, and charged that for the purpose of executing the scheme they mailed a certain letter, etc. Counts 4 and 5 charged Nemec and Dawson with employing the same scheme to defraud investors, and that they, for the purpose of executing the scheme, caused certain matters to be mailed to persons named in the indictment.

Count 3 was dismissed, but Nemec and Dawson were convicted on the other four counts mentioned. Each of the appellants asserts that the evidence is insufficient to support the verdict, and they assign error in the admission…