United States v. George Louis Glaeser, Jr. And Mechmetals Corporation, United States of America v. Anthony Edward O'CarrOll

Defendants appeal from their convictions after a jury trial of conspiring to defraud the Government in violation of 18 U.S.C. § 371 , and of fraud by wire in violation of 18 U.S.C. § 1343 . Defendants present three arguments on appeal, the most serious of which is whether an entrapment instruction should have been given to the jury. We affirm.

Statement of Facts

Defendant Mechmetals Corporation (Mechmetals) and Mechanized Science Seals, Incorporated, (MSS) were rival corporations, each manufacturing an item known as a “pivot” to be used in the gyro-compass assembly of the United States Air Force’s F-4 Phantom Jet and TFX aircraft. The two corporations submitted individual bids to produce this pivot to the Department of Defense. Defendant Glaeser was president of Mechmetals and defendant O’Carroll worked in a sales capacity for Glaeser. O’Carroll had previously worked for MSS for a short time as a sales representative before being discharged. A Mr. Hamren was president of MSS and a Mr. Heesch was secretary-treasurer. In mid-1974, Tinker Air Force Base issued a request for bids to produce the pivot. Both Mechme-tals and MSS submitted bids, and Mechme-tals’ was lower. MSS believed…