William Ross Phillips v. United States

Appellant stands convicted on both counts of an indictment charging, first, a violation of 18 U.S.C.A. § 1005 , and, second, entering into a conspiracy to violate said section; The violation of 18 U.S.C.A. § 1005 is charged to have been committed by the making of a false entry in the records of the Bank of America, National Trust and Savings Association, Western and Santa Monica Branch, Los Angeles, California; a violation of 18 U.S.C.A. § 371 is charged to have been committed by conspiring to make said false entry.

■ The evidence adduced at the trial was to the following effect:

Appellant met one Salvatore Anthony Ferraro in 1951, again in June 1952, and again in January 1953; at this later date' Ferraro was employed by said Bank of America, working at the Western and Santa Monica Branch.

Phillips and Ferraro discussed a business transaction involving the transportation and sale of automobiles to Mexico. Phillips told Ferraro it would be necessary to get an investor to invest $10,000 in the venture. Phillips then suggested to Ferraro that he, Ferraro, take a bank pass book and fill it out to show to prospective investors a deposit of $10,000. Ferraro did this and gave the book…