Hills

The appellant, together with one Moul-ton, was convicted under an indictment purporting to charge the wilful falsification and concealment of certain material facts in a matter within the jurisdiction of an agency of the United States, punishable under § 35 of the Criminal Code, as amended, 48 Stat. 996 , 18 U.S.C.A. § 80 . There was a second count under § 37, 18 U.S.C.A. § 88 , charging a conspiracy to defraud the United States.

The indictment is predicated upon regulations issued by the Secretary of the Treasury pursuant to authorization given in the Gold Reserve Act of 1934, 48 Stat. 337 , 31 U.S.C.A. § 440 et seq. Section 3 of the act, 31 U.S.C.A. § 442 , provides that the Secretary of the Treasury shall by regulation prescribe the conditions under which gold may be acquired and held. Gold in any form may be acquired, except on behalf of the United States, only to the extent permitted by, and subject to the conditions prescribed in, such regulations. Section 35 (a) of the regulations promulgated under the authority of this act authorizes the mints to purchase “gold recovered fr.om any deposits in the United States or any place subject to the jurisdiction thereof, and which…