United States v. Jeremiah P. Buckley, Ellsworth B. Sargent, Washington Water Power Co., and Sargent-Tyee Construction Co.

The Government appeals the dismissal of an indictment of one count of mail fraud in violation of 18 U.S.C. § 1341 . The district court dismissed the indictment on the ground that the Government had not alleged, or shown that it could prove, that a lobbyist disclosure form, mailed by appellee Washington Water Power Company (“WWPC”), contained false information. Because the indictment provided a minimally adequate description of the charge sufficient to enable preparation of a defense and a plea of double jeopardy, we reverse.

FACTS

In January 1981 the grand' jury indicted the appellees on one count of mail fraud. The mail fraud charge alleged a money-washing scheme that operated from 1972 to 1976, in part to avoid a state law requiring disclosure of contributions to state legislators. As of 1974, state law required that both lobbyists and their employers report lobbying expenditures. Wash.Rev.Code §§ 42.17.170, 42.17.180.

The indictment alleged that Buckley distributed $15,000 to state legislators on behalf of WWPC after receiving it in early June 1975. The indictment alleged that Buckley filed reports from January 1973 to January 1976 in which he “intentionally failed to…