United States v. Stuart Joseph Berlin, United States of America v. Frank Joseph Desapio

' This appeal from conviction under the Dyer Act raises the question: Under what circumstances can interstate transportation of a stolen car by a purchaser (innocent of knowledge that the car was stolen) be said to have been willfully caused by the seller so as to render him guilty of a Dyer Act violation under 18 U.S.C. § 2 (b).

Section 2(b) states: “Whoever willfully causes an act to be done which if directly performed by him or another would be an offense against the United States, is punishable as a principal.” Appellants were parties to an interstate conspiracy involving the theft of cars in New York City and their sale to purchasers from Los Angeles. Testimony given by many purchasers discloses the nature of the scheme. The Los An-geles “sales force” would provide a purchaser of an automobile with delivery to be made in New York City. News of the purchase would be sent to the “production force” in New York. A car meeting specifications would be stolen. The purchaser would make a down payment in Los Angeles and would fly to New York. He would be met at the airport by representatives of the “production force” and be driven to an underground garage. At the garage the stolen…