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Bribery; per

alty.

There must be an overt act to make the offense complete. (Hyde v. Shine, 199 U. S. 62.)

The mere combining or confederating to commit the fraud is sufficient without actual perpetration of it, if any one of the parties has taken a step toward its execution. (United States v. Callicott, Fed. Cas. No. 14710, 7 Int. Rev. Rec. 177.)

Requisites of indictment for conspiracy to defraud.
States v. Ulrici, 3 Dill. 532; Fed. Cas. No. 16594.)

(United

An indictment charging conspiracy to "commit an offense against the United States must state an agreement to do acts which, if done, would constitute a specific offense, and where an intent is an essential part of such offense such intent must be averred. (United States v. Green, 136 Fed. 618.)

Definition of conspiracy. (United States v. Green, 146 Fed. 803.) Indictment must set out overt acts. (United States v. Rogers, 226 Fed. 512.)

Where purchases of narcotics by druggist were alleged as overt acts in prosecution of physician and certain druggists for conspiracy to violate Harrison Anti-Narcotic Act, purchases in excess of those alleged were provable as additional overt acts. (Friedman v. United States, 260 Fed. 388.)

There may be a conspiracy to violate section 5 of the act of March 3, 1917 (39 Stat. 1069), by transporting liquor into a prohibition State, indictable under section 37 of the Criminal Code. (Laughter v. United States, 259 Fed. 94.)

"Defraud " is not limited to depredations on property rights, but is broad enough to include any act which interferes with or hampers the United States in the successful prosecution of any policy established by law, and a conspiracy to defeat the purpose of the National Prohibition Act, to prevent the sale of liquor for beverage purposes, is within such provision of the Statute. (U. S. v. Slater, 278 Fed. 266.)

An indictment charging conspiracy to violate the National Prohibition Act and a regulation of the Commissioner of Internal Revenue, charges an offense, since it charges a conspiracy to commit a crime and the violation of the regulation would defraud the United States (Brolaski v. United States, 279 Fed. 1), 279 Fed. 566 Biddle v. Moreno; U. S. v. Catrow, decided Aug. 28, 1922 (unreported to date); 282 Fed. 617, Murry v. U. S.

R. S. 5451 (Crim. Code, sec. 39).-Whoever shall promise, offer, or give, or cause or procure to be promised, offered, or given any money or other thing of value, or shall make or tender any contract, undertaking, obligation, gratuity, or security for the payment of money, or for the delivery or conveyance of anything of value, to any officer of the United States, or to any person acting for or on behalf of the United States in any official function, under or by authority of any department or office of the Government thereof, or to any officer or person acting for or on behalf of either House of Congress, or of any committee of either House, or both Houses thereof, with intent to influence his decision or action on any question, matter, cause, or proceeding which may at any time be pending, or which may by law be brought before him in his official capacity, or in his place of trust or profit, or with intent to influence him to commit or aid in committing, or to collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States, or to induce him to do or omit to do any act in violation of his lawful duty, shall be fined not more than three times the amount of money or value of the thing so offered, promised, given, made, or tendered, or caused or procured to be so offered, promised, given, made, or tendered, and imprisoned not more than three years.

"Army officer" U. S. v. Ingham, 97 Fed., 9350.
Rembrandt v. U. S., 281 Fed. 122.

Carrying away R. S. 5454 (Crim. Code, sec. 40).-Whoever shall take and carry without authority and unlawfully away, without authority from the United States, from the place using papers re where it has been filed, lodged, or deposited, or where it may for lating to claims, the time being actually be kept by authority of the United States, etc.; penalty.

any certificate, affidavit, deposition, written statement of facts, power of attorney, receipt, voucher, assignment, or other document, record, file, or paper, prepared, fitted, or intended to be used or presented in order to procure the payment of money from or by the United States, or any officer or agent thereof, or the allowance or payment of the whole or any part of any claim, account, or demand against the United States, whether the same has or has not already been so used or presented, and whether such claim, account, or demand, or any part thereof, has or has not already

been allowed or paid; or whoever shall present, use, or attempt to use, any such document, record, file, or paper so taken and carried away, in order to procure the payment of any money from or by the United States, or any officer or agent thereof, or the allowance or payment of the whole or any part of any claim, account, or demand against the United States, shall be fined not more than five thousand dollars, or imprisoned not more than ten years, or both.

States;

Robbery or larR. S. 5456. (Crim. Code, sec. 46).-Whoever shall rob another of ceny of personal any kind or description of personal property belonging to the property of the United States, or shall feloniously take and carry away the same, United shall be fined not more than five thousand dollars, or imprisoned penalty. not more than ten years, or both.

Act of Mar. 3, 1875, c. 144, sec. 1 (18 Stat. 479), (Crim, Code, Embezzling or

sec. 47).-Whoever shall embezzle, steal, or purloin any money, property or stealing public

re

re

property, record, voucher, or valuable thing whatever, of the ceiving and moneys, goods, chattels, records, or property of the United States, taining in possession property shall be fined not more than five thousand dollars, or imprisoned stolen; penalty. not more than five years, or both.

Receivers of stolen property.

[Act of Mar. 3, 1875, c. 144, sec. 2 (18 Stat. 479), (Crim. Code, sec. 48).]-Whoever shall receive conceal, or aid in concealing, or shall have or retain in his possession with intent to convert to his own use or gain, any money, property, record, voucher, or valuable thing whatever, of the moneys, goods, chattels, records, or property of the United States, which has theretofore been embezzled, stolen, or purloined by any other person, knowing the same to have been so embezzled, stolen, or purloined, shall be fined not more than five thousand dollars, or imprisoned not more than five years, or both; and such person may be tried either before or after the conviction of the principal offender. R. S. 5447 (Crim. Code, sec. 65).—Whoever shall forcibly as- Taking seized from sault, resist, oppose, prevent, impede, or interfere with any officer property custody of reveof the customs or of the internal revenue, or his deputy, or any nue officers, etc.; person assisting him in the execution of his duties, or any person penalty. authorized to make searches and seizures, in the execution of his duty, or shall rescue, attempt to rescue, or cause to be rescued, any property which has been seized by any person so authorized; or whoever before, at, or after such seizure, in order to prevent the seizure or securing of any goods, wares, or merchandise by any person so authorized, shall stave, break, throw overboard, destroy, or remove the same, shall be fined not more than two thousand dollars, or imprisoned not more than one year, or both; and whoever shall use any deadly or dangerous weapon in resisting any person authorized to make searches or seizure, in the execution of his duty, with intent to commit a bodily injury upon him or to deter or prevent him from discharging his duty, shall be imprisoned not more than ten years.

R. S. 5448 (Crim. Code, sec. 66).-Whoever shall falsely repre- Falsely assumsent himself to be a revenue officer, and, in such assumed char- ing to be a Govacter, demand or receive any money or other article of value ernment officer. from any person for any duty or tax due to the United States, or for any violation or pretended violation of any revenue law of the United States, shall be fined not more than five hundred dollars and imprisonment not more than two years.

Rescuing prop

nue officer.

R. S. 5446 (Crim. Code, sec. 71).-Whoever shall dispossess or rescue, or attempt to dispossess or rescue, any property taken or erty from revedetained by any officer or other person under the authority of any revenue law of the United States, or shall aid or assist therein, shall be fined not more than three hundred dollars and imprisoned not more than one year.

Rescuing property seized by collector. (R. S. 3177, secs. 65 and 71 of the Criminal Code.)

Seized property irrepleviable. (R. S. 934.)

Discharging deadly weapon at person authorized
searches or seizures. (Sec. 65 of the Criminal Code.)
"Any officer." (United States v. Baird, 48 Fed. 554.)
104314-23- →4

to make

Embezzlement by internal revenue officers.

Failure to make reports.

R. S. 5497 (Crim. Code, sec. 97).—Any officer connected with, or employed in, the Internal-Revenue Service of the United States, and any assistant of such officer, who shall embezzle or wrongfully convert to his own use any money or other property of the United States, and any officer of the United States, or any assistant of such officer, who shall embezzle or wrongfully convert to his own use any money or property which may have come into his possession or under his control in the execution of such office or employment, or under color or claim of authority as such officer or assistant, whether the same shall be the money or property of the United States or of some other person or party, shall, where the offense is not otherwise punishable by some statute of the United States, be fined not more than the value of the money and property thus embezzled or converted, or imprisoned not more than ten years, or both.

R. S. 1780 (Crim. Code, sec. 101).-Every officer who neglects or refuses to make any return or report which he is required to make at stated times by any act of Congress or regulation of the Department of the Treasury, other than his accounts, within the time prescribed by such act or regulation, shall be fined not more than one thousand dollars.

Officers prose- R. S. 5498 (Crim. Code, sec. 109).-Whoever, being an officer of cuting claims the United States, or a person holding any place of trust or profit, against the United States; penalty. or discharging any official function under, or in connection with, any Executive Department of the Government of the United States, or under the Senate or House of Representatives of the United States, shall act as an agent or attorney for prosecuting any claim against the United States, or in any manner, or by any means, otherwise than in discharge of his proper official duties, shall aid or assist in the prosecution or support of any such claim, or receive any gratuity, or any share of or interest in any claim from any claimant against the United States, with intent to aid or assist or in consideration of having aided or assisted, in the prosecution of such claim, shall be fined not more than five thousand dollars, or imprisoned not more than one year, or both. Officers and R. S. 1782. (Crim. Code, sec. 113).--Whoever, being elected or compensation in appointed a Senator, Member of, or Delegate to Congress, or a matters before Resident Commissioner, shall, after his election or appointment the departments; and either before or after he has qualified, and during his conpenalty.

clerks receiving

tinuance in office, or being head of a department, or other officer or clerk in the employ of the United States, shall, directly or indirectly, receive, or agree to receive, any compensation whatever for any services rendered or to be rendered to any person, either by himself or another, in relation to any proceeding, contract, claim, controversy, charge, accusation, arrest, or other matter or thing in which the United States is a party or directly or indirectly interested, before any department, court-martial, bureau, officer, or any civil, military, or naval commission whatever, shall be fined not more than ten thousand dollars and imprisoned not more than two years; and shall, moreover, thereafter be incapable of holding any office of honor, trust, or profit under the Government of the United States.

Officer accept- R. S. 5501, 5502. (Crim. Code, sec. 117).-Whoever, being an ing bribe. officer of the United States, or a person acting for or on behalf of the United States, in any official capacity, under or by virtue of the authority of any department or office of the Government thereof; or whoever, being an officer or person acting for or on behalf of either House of Congress, or of any committee of either House, or of both Houses thereof, shall ask, accept, or receive any money, or any contract, promise, undertaking, obligation, gratuity, or security for the payment of money, or for the delivery · or conveyance of anything of value, with intent to have his decision or action on any question, matter, cause, or proceeding which may at any time be pending, or which may by law be brought before him in his official capacity, or in his place of trust or profit, influenced thereby, shall be fined not more than three times the amount of money or value of the thing so asked, accepted,

or received, and imprisoned not more than three years; and shall, moreover, forfeit his office or place and thereafter be forever disqualified from holding any office of honor, trust, or profit under the Government of the United States.

Perjury; pen

R. S. 5392 (Crim Code, sec. 125).-Whoever, having taken an oath before a competent tribunal, officer, or person, in any case in alty. which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, shall willfully and contrary to such oath, state or subscribe any material matter which he does not believe to be true, is guilty of perjury, and shall be fined not more than two thousand dollars and imprisoned not more than five years.

Subornation of

R. S. 5393 (Crim. Code, sec. 126).-Whoever shall procure another to commit any perjury is guilty of subornation of perjury, perjury. and punishable as in the preceding section prescribed.

ords.

R. S. 5403 (Crim. Code, sec. 128).-Whoever shall willfully and Destroying, unlawfully conceal, remove, mutilate, obliterate, or destroy, or at- etc., public rectempt to conceal, remove, mutilate, obliterate, or destroy, or with intent to conceal, remove, mutilate, obliterate, destroy or steal, shall take and carry away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined not more than two thousand dollars, or imprisoned not more than three years, or both.

charge.

R. S. 5408 (Crim. Code, sec. 129).—Whoever, having the custody Destroying recof any record, proceeding, map, book, document, paper, or other ord by officer in thing specified in the preceding section, shall willfully and unlawfully conceal, remove, mutilate, obliterate, falsify, or destroy any such record, proceeding, map, book, document, paper, or thing, shall be fined not more than two thousand dollars, or imprisoned not more than three years, or both; and shall moreover forfeit his office and be forever afterward disqualified from holding any office under the Government of the United States.

Obstructing process or

R. S. 5398 (Crim. Code, sec. 140).-Whoever shall knowingly and willfully obstruct, resist, or oppose any officer of the United States, saulting officer. or other person duly authorized, in serving, or attempting to serve or execute, any mesne process or warrant, or any rule or order, or any other legal or judicial writ or process of any court of the United States, or United States commissioner, or shall assault, beat, or wound any officer or other person so duly authorized, knowing him to be such officer, or other person duly authorized, in serving or executing any such writ, rule, order, process, warrant, or other legal or judicial writ or process, shall be fined not more than three hundred dollars and imprisoned not more than one year.

as

Rescue of pris

R. S. 5401 (Crim. Code, sec. 143).-Whoever, by force, shall set at liberty or rescue any person who, before conviction, stands oners, penalty. committed for any capital crime; or whoever, by force, shall set at liberty or rescue any person committed for or convicted of any offense other than capital, shall be fined not more than five hundred dollars and imprisoned not more than one year.

R. S. 5484 (Crim. Code, sec. 145).-Whoever shall, under a threat of informing, or as a consideration for not informing, against any violation of any law of the United States, demand or receive any money or other valuable thing, shall be fined not more than two thousand dollars, or imprisoned not more than one year, or both.

R. S. 5390 (Crim. Code, sec. 146).—Whoever, having knowledge of the actual commission of the crime of murder or other felony cognizable by the courts of the United States, conceals and does not as soon as may be disclose and make known the same to some one of the judges or other persons in civil or military authority under the United States shall be fined not more than five hundred dollars, or imprisoned not more than three years, or both.

Extortion informers.

by

Knowledge of

crime.

"Obligation or R. S. 5413 (Crim. Code, sec. 147).-The words "obligation or other security of other security of the United States" shall be held to mean all the United States" defined. bonds, certificates of indebtedness, national-bank currency, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, which have been or may be issued under any act of Congress. Forging or R. S. 5414 (Crim. Code, sec. 148).-Whoever, with intent to decounterfeiting fraud, shall falsely make, forge, counterfeit, or alter any obligation or other security of the United States shall be fined not more than five thousand dollars and imprisoned not more than fifteen years.

• United States securities.

Who are principals.

Felonies and misdemeanors,

Prohibition as to sales.

Definition of in

uors.

Penalty.

R. S. 5323 (Crim. Code, sec. 332).-Whoever directly commits and act constituting an offense defined in any law of the United States, aids, abets, counsels, commands, induces, or procures its commission, is a principal.

282 Fed. 256, Reynolds v. U. S.

(Crim. Code, sec. 335).-All offenses which may be punished by death, or imprisonment for a term exceeding one year, shall be deemed felonies. All other offenses shall be deemed misdemeanors.

DISTRICT OF COLUMBIA PROHIBITION LAW.

Act of Mar. 3, 1917, c. 165, sec. 2 (39 Stat. 1123). An Act to prevent the manufacture and sale of alcoholic liquors in the District of Columbia, and for other purposes-

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That on and after the first day of November, anno Domini nineteen hundred and seventeen, no person or persons, or any house, company, association, club, or corporation, his, its, or their agents, officers, clerks, or servants, directly or indirectly, shall, in the District of Columbia, manufacture for sale or gift, import for sale or gift, sell, offer for sale, keep for sale, traffic in, barter, export, ship out of the District of Columbia, or exchange for goods or merchandise, or solicit or receive orders for the purchase of, any alcoholic or other prohibited liquors for beverage purposes or for any other than scientific, medicinal, pharmaceutical, mechanical, sacramental, or other nonbeverage purposes.

Wherever the term "alcoholic liquors" is used in this Act it toxicating liq shall be deemed to include whisky, brandy, rum, gin, wine, ale, porter, beer, cordials, hard or fermented cider, alcoholic bitters, ethyl alcohol, all malt liquors, and all other alcoholic liquors. That any person or persons, or any house, company, association, club, or corporation, his, its, or their agents, officers, clerks, or servants, who shall directly or indirectly violate the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than $300 nor more than $1,000, and shall be imprisoned in the District jail or workhouse for a period of not less than thirty days nor more than one year for each offense.

Scientific, etc.

Sacramental.

SEC. 2. That the provisions of this Act shall not be construed to prevent the manufacture, importation, exportation, or sale of denatured or of methyl alcohol, or of ethyl alcohol, for scientific, medicinal, pharmaceutical, or mechanical purposes, nor to prevent the sale of alcoholic or other prohibited liquors by druggists for medicinal purposes on prescriptions of physicians under the regu lations set out in section three of this Act: Provided, That the manufacture and sale of ethyl alcohol or of alcoholic liquors for sacramental purposes within the District of Columbia shall be restricted to manufacturers and druggists licensed, respectively, to make and sell such alcohol and alcoholic or other prohibited liquors, as hereinafter provided, for scientific, mechanical, pharmaceutical, medicinal, or sacramental purposes only.

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