United States v. Thomas W. Lefner, United States of America v. David H. Jones

Appellants were convicted of a conspiracy to transfer or deliver counterfeit Government obligations. 18 U.S.C. § 371 . Both defendants appealed to this court, filing separate briefs. This court granted a Government motion to consolidate the appeals. The appellants claim that there is insufficient evidence to support a finding of a conspiracy and that in any event they were entrapped by undercover agents of the United States Treasury Department.

The evidence presented at trial by the Government and uncontroverted by defendants shows that the defendants, as well as several other persons, engaged in a series of meetings and conversations, the subject of which was the sale of counterfeit Federal Reserve Notes. In attendance at all of these meetings was at least one undercover assistant of the Treasury Department.

1. Sufficiency of the Evidence

Appellants on appeal argue that the evidence was insufficient as a matter of law to sustain the conviction. We find that the evidence is sufficient.

It is clear that a series of meetings and telephone conversations was held in which appellants were active participants. The acknowledged purpose of these discussions was the sale of counterfeit…