Schwarz

Defendants have been indicted on the charge of using the mails in furtherance of a scheme to defraud. The scheme set out is that defendants should, for the purpose of inducing certain persons to buy Tobin Park real estate and pay defendants therefor, falsely represent, publish, advertise, and declare that Tobin Park property is town property; that Tobin Park is immediately adjacent to San Francisco, and only a 25-minute trip from the civic center thereof; that the lots in Tobin Park are worth from $150 to $200 apiece; that there are streets, curbs, sidewalks, houses, and other improvements on said property; that Tobin Park is a seaside suburb, and has the finest and safest bathing beach on the Pacific Coast; and that, in order to have the property widely known, a ntim- *538 ber of lots are to be given to leading members of various communities throughout the state of California — the only expense to the recipients of said lots being the sum of $19.50, which sum is to cover the cost of making the deed to same.

It is alleged that all of these representations were false and fraudulent, and known to defendants to be such. It is further alleged that certain letters, set out in the…