United States v. Clifton Patterson, Jr.

Appellant was convicted of twelve counts of mail fraud under 18 U.S.C. § 1841 . Prior to trial, appellant twice moved for severance of his trial from that of other defendants. These motions were denied and appellant was tried with one Aquino, who was charged in other counts of the same indictment with the same offense. At the close of the Government’s ease in chief, appellant moved the court to declare a mistrial because of misjoinder. This motion was also denied.

The indictment charged that on three separate occasions the mails were used to further a scheme to defraud. It was alleged that in each case mass mailings were made to persons and businesses who repeatedly advertised in the “Yellow-Pages”. The evidence introduced by the Government revealed that these mailings were practically identical: Each included a bill, statement or invoice in the form of a data processing card, requiring payment of either $74 or $77 to “Classified Directory”. Recipients who paid the bills indicated that they thought they were paying for previously arranged classified advertising and did not know that the bills were from an unrelated source.

One Mortillaro was charged with this offense in Counts…