Eugene Oliver Butler and James G. Scribner v. United States

This is an appeal by two defendants from judgments of conviction of violations of Title 18 United States Code § 152 after a trial by jury. Jurisdiction below rested on 18 U.S.C. § 3231 and here on appeal on 28 U.S.C. § 1291 .

Count I charged defendant Butler with knowingly and fraudulently transferring over $8,000 in value of property of a corporation, the San Fernando Valley Wholesale Food Distributors, Inc., in contemplation of bankruptcy. Count II charged the same defendant with knowingly and fraudulently concealing the same $8,000 from the receiver in bankruptcy. Count III charged the same defendant with making a false account of the same sum in bankruptcy proceedings.

Count IV charged defendant Scribner with knowingly and fraudulently transferring property of a corporation worth $6,200 in contemplation of bankruptcy. Count V charge Scribner with' knowingly and falsely concealing $6,700 in the same bankruptcy.

Count III was dismissed by the government on trial. Each defendant was convicted on each of the remaining two counts, and each sentenced to four years on each count, to run concurrently.

A motion to reduce sentence was filed on behalf of each defendant, and denied.…