United States v. Matthew Bolar

Bolar was convicted after jury trial of possession of counterfeiting materials and conspiracy. He was sentenced to concurrent four year terms and appeals on the basis that count two of the indictment was totally defective for omission of an essential element.

There are no factual disputes.

Bolar’s contention is that his conviction on the possession charge must be reversed because the indictment failed to state that the photographic negatives of the Federal Reserve Notes were subject to forfeiture and that this is a violation of Rule 7(c), Fed.R.Crim.P. as interpreted in U. S. v. Hall, 521 F.2d 406 (9th Cir. 1975). Bolar also claims that the concurrent sentence doctrine does not apply in this case.

The opinion in Hall is distinguishable. In Hall , two diamond rings worth $14,000 were brought into the country and not declared to the Customs officials. Hall was prosecuted under 18 U.S.C. Sec. 545 for smuggling. That section provides that the smuggled materials shall be forfeited to the United States; the indictment failed to so state. Before trial, Hall moved to dismiss the indictment on grounds of noncompliance with Rule 7(c); the trial court held that the lack did not void the…