Fuller

Fuller v. United States

Good Law
110 F.2d 815·1940 U.S. App. LEXIS 4668
United States Court of Appeals for the Ninth CircuitMarch 27, 1940No. 9221California731 words

Opinion

Lead Opinion

Healy, J.

Appellants were convicted of violations of the statute relating to the presentation of false claims, 18 U.S.C.A. § 80 , and of conspiracy to commit an offense against the United States, 18 U.S.C.A. § 88 .

The indictment charges in' six of its counts that appellants and four others (who were acquitted) wilfully falsified material facts in a matter within the jurisdiction of an agency of the United States. The falsification occurred in connection with the sale of quantities of gold to the mint at San Francisco. Under regulations issued by the Secretary of the Treasury pursuant to the Gold Reserve Act of 1934, 31 U.S.C. A. §§ 440 et seq., the mints were authorized to purchase gold from persons who had mined or panned it, on the condition that the gold be accompanied by an affidavit on a form called TG-19. 1 It was charged that in the affidavits which accompanied the tenders false information was given the mint concerning the source of the gold and the time of its production. Also that appellants falsely stated that it had been mined by themselves. There were six counts relating to as many falsifications and six relating to the use made of the affidavits. Appellants were convicted on…

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