Jack Fineberg v. United States

Appellant was convicted by a jury of mail fraud, using a fictitious name to defraud, and wire fraud, in violation of 18 U.S.C.A. §§ 1341 , 1342 and 1343. A timely appeal was taken to this court which has jurisdiction under 28 U.S.C.A. §§ 1291 , 1294.

The evidence on which appellant was convicted established a series of transactions involving the purchase and resale of phonograph records extending from about June of 1963 to about August 24, 1964. In the course of these transactions, a number of wholesale record distributing companies were defrauded of substantial sums of money.

In furtherance of the scheme devised by appellant, he formed a corporation. Nelson Bureau of Employment, doing business as Merco Sales, to operate the business; placed orders with various wholesale record distributing companies; lulled the companies into a false sense of security by misrepresentations, and by making partial payment; and issued post-dated checks which were not honored when presented for payment, or on which payment was stopped. The scheme was accomplished by appellant through the use of United States mails, a fictitious name, and interstate telephone.

The purpose of appellant’s scheme was…