B. A. Williams, II v. United States

Williams appeals from judgment of conviction of the crime of mail fraud under 18 U.S.C. § 1341 . He contends (1) that there is no evidence of intent to defraud; (2) that there is no evidence that the use of the mails involved was for the purpose of executing the scheme to defraud; (3) that the information filed against him was defective.

The information charged Williams with devising a check-kiting scheme involving three banks — one in Hawaii, one in Seattle, and one in Denver; and, in connection with this scheme, with causing checks drawn on these banks to be placed in the mails. The information was drawn in six counts, each reciting 'the same general scheme but relating to •separate uses of the mails. It charged:

In 1957 and 1958, Williams was engaged in oil drilling operations. Liens had been filed against certain of his leasehold interests, and he was faced with the necessity of raising funds to release the liens. To this end, he attempted to sell interests in his leases. He testified that on April 24, 1958, he was advised by his Seattle agent that oral commitments for sale of interests had been secured; that he had instructed his agent to consummate the sales and deposit…