United States v. Eddie Holland, United States of America v. David Helmecy

Eddie Holland, Sr. and David Helmecy were convicted by a jury of conspiracy falsely to represent, and falsely representing numbers to be social security account numbers in violation of 42 U.S.C. § 408 (g)(2) (1982); subscription of false tax returns in violation of 26 U.S.C. § 7206 (1) (1982); and conspiracy to obstruct justice in violation of 18 U.S.C. §§ 371 , 1503 (1982). Holland was convicted of a substantive obstruction count under 18 U.S.C. § 1503 , but Helmecy was acquitted.

Appellants raise a number of issues on appeal. None have merit, and we therefore affirm the convictions. Three issues are discussed below. The remaining claims are discussed in a memorandum disposition filed herewith.

Holland was the union dispatcher responsible for assigning longshoremen to work crews at the Port of Sacramento and for distributing paychecks. Helmecy was the Chief Superintendant of the Port and was responsible for reviewing payroll sheets and sending them to the Port’s payroll agent. The payroll agent prepared paychecks for both union members and nonunion “casuals” employed during heavy work periods. Jerry Salgado was the payroll clerk at the Port and worked under Helmecy’s direction.…