Bobert C. Hill v. United States

Good Law
374 F.2d 871
United States Court of Appeals for the Ninth CircuitMay 31, 196720942California780 words

Opinion

Opinion

Duniway, J.

Convicted on 26 of 29 counts of an indictment charging mail fraud ( 18 U.S.C. § 472 ), Hill appeals. He does not assert that the evidence is insufficient to sustain the conviction. He charges two errors: (1) Denial of his motion to suppress evidence, and (2), denial of due process. We affirm.

Hill organized a California corporation called Inter-American Loan Service, Inc. (I.A.L.S.) He was its president and owner. All of the business in the course of which the frauds were committed was that of the corporation. Solicitation and correspondence were in the name of the corporation; checks received were payable to the corporation; contracts were in the name of the corporation. The “business” was carried on from April, 1958, until March 30, 1959, when the California Commissioner of Corporations issued a “Desist and Refrain Order.” Shortly after, Hill caused all of the files of I.A.L.S. to be turned over to a partnership called United Lenders Service and composed of four persons, two former employees of Hill, his brother and one Scherief. Hill retained no control or supervision over the files. Later, the wife of Hill’s brother removed the files to the home of herself and the brother, in…

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