United States v. Sandor Regner

Regner appeals from his conviction under 18 U.S.C. § 1341 for mail fraud. We affirm.

In February, 1974, Regner purchased a health insurance policy from the CNA Insurance Company of Chicago, Illinois. Five months later, Regner, an American citizen, travelled to his native Hungary. Upon his return to this country, he submitted a claim to CNA based on alleged hospitalization in Hungary. Regner stated in that claim that an injury sustained in a taxicab accident placed him in a Hungarian hospital from July 26 to August 10, 1974.

The insurance company requested documentation of Regner’s claim. Regner had his insurance agent send CNA bills from the Gyor County Hospital in Romand, Hungary. After numerous demands from Regner and his attorney, CNA mailed Regner a check for $3,600 in satisfaction of his claim.

In February, 1980, Regner was indicted on one count of mail fraud, 18 U.S.C. § 1341 . A jury trial ensued, and Regner was found guilty.

On this appeal, Regner raises the following issues: (1) that the district court abused its discretion by admitting certain evidence *756 of Regner’s prior insurance claims because the evidence was irrelevant, that inquiry about the prior insurance…

dissenting:

The majority accepts a rule of evidence that, if given wider application, will have devastating consequences for Americans who encounter legal difficulties while travelling abroad for business or pleasure. Under the majority’s analysis, an authenticated document that a foreign state labels as a public record can be admitted in our courts without the foundation necessary for admitting business records. In a country such as Hungary, where the state controls numerous activities that would be characterized as private here, virtually all documents assume a public label. As a consequence of that fact and today’s holding, a vast array of so-called public records become admissible in our courts without the proof required for the business records exception to the hearsay rule — proof by the custodian of records or other qualified witness that the record was made in the regular course of business and that it was the *760 regular practice of the business to make the record.

This very case illustrates the harm that is possible when a foreign business document is admitted against a criminal defendant upon the flimsy foundation condoned by the majority. Mr. Regner has been…

677 F.2d 754 10 Fed. R. Evid. Serv. 856 UNITED STATES of America, Plaintiff-Appellee, v. Sandor REGNER, Defendant-Appellant. No. 80-1462. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 8, 1981. Decided May 19, 1982. William H. Randall, Culver City, Cal., for defendant-appellant. Brad D. Brian, Asst. U. S. Atty., Los Angeles, Cal., for plaintiff-appellee. Appeal from the United States District Court for the Central District of California. Before KENNEDY, ANDERSON and FERGUSON, Circuit Judges. J. BLAINE ANDERSON, Circuit Judge: 1 Regner appeals from his conviction under 18 U.S.C. § 1341 for mail fraud. We affirm. 2 In February, 1974, Regner purchased a health insurance policy from the CNA Insurance Company of Chicago, Illinois. Five months later, Regner, an American citizen, travelled to his native Hungary. Upon his return to this country, he submitted a claim to CNA based on alleged hospitalization in Hungary. Regner stated in that claim that an injury sustained in a taxicab accident placed him in a Hungarian hospital from July 26 to August 10, 1974. 3 The insurance company requested documentation of Regner's claim. Regner had his insurance agent…