Marvin Lustiger v. United States

This is a mail fraud case involving the real estate activities of Marvin Lustiger in Mohave County, Arizona. The grand jury returned a nineteen-count indictment against Lustiger for violations of 18 U.S.C. § 1341 (1964), between September 7, 1960, and the filing of the indictment on October 25, 1963. Each count charged him with mailing a letter or printed matter to a named individual in furtherance of a scheme to defraud such person. The mailings occurred at various times between February 28, 1961 and April 7, 1963. Counts IX and X were thereafter dismissed. After a non-jury trial the district court convicted Lustiger on the remaining seventeen counts. Lustiger then took this appeal.

Appellant’s primary contention is that the evidence adduced at the trial was insufficient to support the trial court’s finding and conclusion that he engaged in a scheme to defraud or obtain money by means of false or fraudulent pretenses, representations or promises. It was stipulated prior to trial that appellant used the mail in connection with his land sales.

Since this is an appeal from a determination of guilt, we must view the evidence and all reasonable inferences therefrom in the light most…