Suetter

An indictment containing seven counts was filed against appellant. The first two counts charged him with using the mails in connection with a scheme to defraud, contrary to the terms of § 338 of Title 18 U.S.C.A. 1 The other five counts charged him with using the mails in furtherance of a scheme to defraud in the sale of securities, contrary to the Securities Act of 1933, 15 U.S.C.A. § 77q(a) (1). 2 The term “sale” is defined by § 77b(3), Title 15 U.S. C.A., as including every “contract of sale or disposition of, attempt or offer to dispose of, or solicitation of an offer to buy, a security or interest in a security, for value.”

The first count in the indictment outlines the plan to defraud, which plan is incorporated by reference in each of the other six counts. The fraudulent design is alleged as follows. Between 1934 and 1941 appellant intended to defraud a certain class of persons, including eight named individuals. He bought gold mining claims in Josephine County, Oregon, and called them the Suetter Placer Mines. In 1937 *105 he executed a trust agreement to the effect that he would administer the claims for the benefit of purchasers of units in the Suetter Placer Mines, and…