Fed. Sec. L. Rep. P 92,552 United States of America v. Charles Richard Morse, United States of America v. Curtis Robert Richmond

Appellants, Charles Richard Morse and Curtis Robert Richmond, appeal their convictions on various counts of mail fraud, 18 U.S.C. § 1341 , and securities fraud, 15 U.S.C. § 77q(a). The convictions resulted from appellants’ involvement in a mail fraud scheme comprised of four tax shelter/investment programs promoted from late 1978 through 1981. Appellants claim that the indictment was duplicitous and that the district court erred in failing to dismiss on that ground. Alternatively, they claim that a fatal variance occurred between the allegations in the indictment and the proof at trial. Appellant Richmond contends that the government failed to make a required showing that any of the investments offered by appellants were securities under 15 U.S.C. § 77b(l). Finally, Richmond brings a challenge to the district court’s jury instructions.

We affirm.

I. FACTS AND PROCEEDINGS

During the late 1970s appellant Richmond, operating as C.R. Richmond & Co., promoted tax shelter/investments in oil and gas drilling through two limited partnerships, Red River Partners and Buckeye Partners. The oil and gas drilling partnerships were beset by failures to produce and misappropriation of funds,…