United States v. Arthur Gundersen

Good Law
518 F.2d 960·1975 U.S. App. LEXIS 13815
United States Court of Appeals for the Ninth CircuitJuly 8, 197575-1112California690 words

Opinion

Opinion

Carter, J.

Defendant Gundersen appeals from the judgment of conviction (jury trial waived) of having caused a falsely made or forged security to be transported in interstate commerce, in violation of 18 U.S.C. § 2314 . His only contention on appeal is that the recent Supreme Court decision in United States v. Maze, 414 U.S. 395 , 94 S.Ct. 645 , 38 L.Ed.2d 603 (1974), holding that the use of the mails in a prosecution under 18 U.S.C. § 1341 must be for the purpose of executing the scheme to defraud, is equally applicable to prosecutions under § 2314.

FACTS

Gundersen was tried on stipulated facts. Basically, he was caught passing forged American Express traveler’s checks in a number of Las Vegas gambling casinos. The traveler’s checks had been stolen from a California bank, and Gundersen admitted that he knew they had been stolen. The front of the checks indicated that the payor, American Express Company, was located at 65 Broadway, New York, New York. Therefore, Gundersen was charged and convicted for “cashing” the checks in Nevada, knowing that they would of necessity be transported to New York in the normal course of business for collection.

He contends that the fraudulent…

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