Bobbroff

Appellant was found guilty of violation of Counts 3, 4, 5 and 8 of an indictment. He appeals from the sentence of imprisonment and fine on the conviction on each count. Counts 3, 4 and 5 charge the use of the mails in an offer to dispose of, to three shareholders in a Nevada corporation, Eversharp Launwhiz, Inc., further shares therein by employing a scheme to defraud in violation of the Securities Act of 1933, 15 U.S.C.A. § 77q(a) (l).

Count 8 charged a similar use of the mails in an attempt to sell further shares to another shareholder of Eversharp Launwhiz, Inc. in violation of the mail fraud Statute, 18 U.S.C. § 1341 .

The use of the mails proved was the deposit in the United States mails in post offices in the State of Nevada of envelopes addressed to four different shareholders of Eversharp Launwhiz, Inc., enclosing letters and printed matter of identical text. The four letters were composed under appellant’s direction and contained enclosures directed by him and were mailed under his direction.

The letter urged the existing stockholders to purchase additional stock at $5 per share. Enclosed therewith was a multi-graphed prospectus also composed by appellant relating to…