Saul G. Schenker v. United States

Defendant, Saul G. Schenker, appeals the denial of post-conviction relief requested pursuant to 28 U.S.C. § 2255 (1948). Schenker was charged, along with several codefendants in a multi-count indictment, with violations of the Interstate Land Sales Act (the Act). 15 U.S.C. § 1703 (1968). The statute provides in pertinent part:

Defendant was charged with violating subsections (a)(1) and (a)(2) of the Act in separate counts of the indictment. He pled guilty to Count VIII of the indictment which charged him with violating subsection (a)(1) by failing to file a statement of record for subdivision property to be sold. He pled not guilty to Count IX of the indictment which charged him with violating subsection (a)(2) by employing a scheme and artifice to defraud in the sale of property. The sole question on appeal is whether 15 U.S.C. § 1703 (a)(1) standing alone charges a crime. We hold that it does.

Appellant points to the conjunctive term “and” joining subsections (a)(1) and (a)(2) of the statute, and argues that all of the elements of both of these subsections must be fulfilled before there is a violation of law. However, the legislative history of the statute establishes that…