Harry Barack v. United States

Harry Barack was convicted and sentenced for having caused to be transported in interstate commerce, with unlawful and fraudulent intent, securities which he knew to be falsely made and forged, in violation of 18 U.S.C. § 2314 . The “securities” in question were Hilton Carte Blanche charge vouchers, which Barack signed as the purported holder of a Hilton Carte Blanche credit card.

Barack appeals raising, as the sole issue, whether such charge vouchers are “securities” within the meaning of section 2314.

Section 2314 is a part of the National Stolen Property Act, as amended, 18 U.S.C. §§ 2311-2317 , some of the terms of which are defined in 18 U.S.C. § 2311 . The term “securities,” as there defined, does not expressly include a “charge voucher,” as the instruments here in question are denominated. Nor does it expressly include a “sales invoice,” “credit sales slip,” “charge slip,” or “purchase slip.” Section 2311, however, does expressly include “any * * * evidence of indebtedness * * * ” in its definition of the broader term “securities.”

It was the Government’s theory in prosecuting Barack that, under the circumstances of this case, each of the charge vouchers which Barack…