United States v. Robert A. Pichnarcik

Robert A. Pichnarcik and his brother, Charles J. Pichnarcik, were indicted for mail fraud and conspiracy pursuant to Title 18 U.S.C., Sections 1341 and 371. They were convicted on verdicts of guilty by a jury. Robert appeals.

Appellant was a mortgage financing broker. In January, 1966, he filed a voluntary petition in bankruptcy in Phoenix, Arizona. In February, 1966, he went to Seattle to commence a mortgage financing business with his brother. With two local residents, they organized Interstate Services Corporation, which commenced business in April, 1966, and continued until about June, 1967. The corporation advertised in newspapers for loan applications. Applicants were required to sign an agreement and pay an advance fee for presenting a loan application. No loans were successfully completed.

Appellant first contends that the reference to his prior bankruptcy in the indictment and in the testimony deprived him of a fair trial. Part of Count I of the indictment reads as follows:

Through the testimony of government witnesses and through Appellant’s direct testimony, the fact of Appellant’s prior bankruptcy was put before the jury. One witness, a Dorothy Jarvis, testified…