United States v. Choy Kum

The Indictment here, returned June 28, 1950, contains 19 Counts. Count 1 charges a conspiracy to defraud the United States and sets forth overt acts which also form the basis of the substantive charges in the remaining counts. 18 U.S.C.A. § 88 , now 18 U.S.C.A. § 371 . Counts 2, 5, 8, 11, 14 and 17 allege violations of the law as to passports, 18 U.S.C.A. § 1542 , formerly 22 U.S.C.A. § 220 . (As to these Counts, it may be noted, the reference in the caption of each of these Counts was given as 8 U.S.C.A. § 746 (a) (18), now 18 U.S.C.A. § 911 , but as the reference forms no part of the substantive charge, at the hearing the citation was properly corrected to read as above indicated). The remaining twelve counts charge specific violations of the *770 False Claims and Statements Act, 18 U.S. C.A. § 80 as amended, now 18 U.S.C.A. § 1001 .

All of the Counts describe alleged offenses charged to have occurred in various months of the year 1947.

Save as to Count 1, in so far as the overt acts alleged are identical with the acts described in Counts 9 and 10, and except also as to Counts 9 and 10, the Defendant Wor-ley, by the Motion to Dismiss, asserts that all other charges in the…