MR. BROWN. In the law puffing or exaggerating the merits of whatever is being sold is recognized as part of the art of selling and as long as such exaggeration is engaged in without actual intention to defraud and without actual falsification or misrepresentation of material or important matters to induce the sale by fraud the law permits it. Suppose you each take the Indictment and follow it with me on the parts which I think are now of some possible significance. "21. and I leave out the next clause, "which scheme and artifice to defraud, was in substance as follows:" and I skip all of Paragraph 2, which seems to me to be no longer before you, and I skip Paragraph 3 for reasons that I have tried to make plain previously. I have already drawn to your attention that National Budget Corporation is no longer in this case, it having been acquitted. Specifically, no mention was made of the earlier versions of the same documents from which they were drawn, which rather completely negates any sensible view that these were a fraudulent contrivance. To the jury: You have heard evidence from eight complaining customers other than Abbott, Edmunds, King, but this evidence was introduced solely as it may bear on the intention of the defendants to engage in a fraudulent scheme and you are not to consider such evidence as showing the commission of any other offense not on trial here. Depth of experience comes from a diverse cross-section of market knowledge. At any rate, whatever may be said about the indictment as a whole and as originally drawn, I hope that when I get through you will have what I think is the original purpose of the Grand Jury clearly brought out in this Charge without any suggestion by me, directly or indirectly, that the Grand Jury was right or that you ought to return verdicts of guilty. The Foreman is the spokesman of the jury. I am merely pointing out to you that they cannot appear except through living human beings. 81: $15.1 M: Century Engineering. Plans to sell gold bricks carried forward by the use of the mails, offering such gold bricks as though they were bullion, constitutes a mail fraud even though there are no suckers on the scene. As a leading IoT company, Bosch offers innovative solutions for smart homes, smart cities, connected mobility, and connected manufacturing. Now the Bill of Particulars cannot enlarge the indictment. The only omission to which reference was made in the Indictment was in Paragraph 19 and in the over-all Paragraph 1. It is just a question of your own common sense applied to the particular testimony which is offered. There is a slang phrase which summarizes the position which a defendant who does not take the stand is entitled to take. I must now deal with a particular problem in connection with intent, and that has to do with a defendant or other person who acts upon the advice of counsel. I didn't read anything except where I obviously did. I am sure it was not intentionally omitted, your Honor. If you want to start a career with impact, solving everyday problems through to tackling some of the great challenges our clients and communities face, you'll find that here at GHD. Under these supposed circumstances X could be convicted of aiding and abetting the plan, aiding and abetting the planners. . Interstate Engineering Corp. in Wells, ME | Company Info & Reviews Company Information Sponsored Links Company Contacts ALFRED P. ROBERTSON Agent 209 Bald Hill Road Wells, ME 04090 Reviews Write Review There are no reviews yet for this company. And, third, did he have the specific intention to defraud, that is to do wrong? You will have a chance to consider Exhibit 2-C, as I explain it later. MR. THE FOREMAN. But one day an authorized representative of X goes to visit Y's premises and discovers that Y is in fact operating a distillery to produce moonshine whiskey. That's all for you. Now on the 28th of July, 1965, as you will recall, there was evidence that Mr. Zobel was in New Hampshire, he having come the day previous, and there was evidence, which you are free to believe if you wish, that he talked with at least Mr. McCadden and Mr. Lucht, and he also talked with some people at the Chamber of Commerce, and he made some inquiries as to what were the practices of New England Enterprises, Inc., and he had some contacts of various kinds with Postal Authorities. and the witness says, "I never heard about the contract," you're not to take into account the question and to assume that there was a contract on March 1st, because the witness' answer does not incorporate the contract. I am merely trying to clear the way so that you can reach whatever verdicts you as jurors deem to be correct. Call and who has been in the courtroom, as you know, and Mr. Gute was consulted by Interstate Engineering Corporation, the California corporation, with respect to certain matters, and you are to apply in connection with that consultation the same kind of principles that I already indicated with respect to an attorney-client relationship and its bearing upon the issue of intent and guilty participation or not guilty participation. It was a further part of the scheme and artifice to defraud purchasers that the defendants would and did cause letters describing the so-called Cadillac and S&H Green Stamp contest to be sent through the United States Mails by previous purchasers of the Compact vacuum cleaner to their best friends and acquaintances urging them to agree to an appointment to witness `a most amazing new idea.'" Mr. DeGrampre is covering for my office, and he will be in charge. North Dakota | Montana | South Dakota | Minnesota | Wyoming. There is no rule of evidence in this case that leads one to prefer written to oral testimony or oral testimony to written testimony. The defendant is entitled to say, "So what?". At any rate, don't carry on any discussions with anybody else on the Jury or anywhere else with respect to this case until you come back into this building. The question is whether Exhibits 2-A, B and C represent what was in fact said to customers. You are entitled to find on this evidence that representations, if made, that 10 or more bonus checks might be earned by persons joining the program were reasonable and were not misrepresentations. And so far as salesmen are concerned, their authority to speak depends upon the extent to which they are authorized to talk. The company, founded in Los Angeles in 1937, moved to Anaheim in the mid-1950s and was acquired by Figgie in 1967. Now there is some evidence which, you will remember, I did not decide one way or the other as to its admissibility against the California corporation. INTERSTATE ENGINEERING, INC. v. Janelle K. BURNETTE. Check . Gulf Interstate Engineering Company filed as a Foreign For-Profit Corporation in the State of Texas on Wednesday, April 12, 1961 and is approximately sixty-one years old, as recorded in documents filed with Texas Secretary of State.A corporate filing is called a foreign filing when an existing corporate entity files in a state other than the state . As applied to this case, if you find that any one or all of the defendants exaggerated the merits of the Compact Cleanerthere is no evidence that any of them exaggerated the merits. All right. ", Number 13 is out. Jamestown, ND. Now, Mr. Foreman and members of the Jury, I hope that you have a good night's sleep and a good breakfast, and at 9:30 tomorrow morning you will continue your deliberations in the jury room. You may think, if you want to, that a person who is false in one respect is false in all, or you may, on the contrary, say a person is false in one respect but believable in others. It is not a fraud for the manufacturer of a product to set the sale price at many times the cost to the manufacturer. Do you solemnly swear that you will take this jury to some convenient place and therein safely keep until they be agreed or discharged by the Court, that you will not speak to them yourselves nor suffer others to speak to them except by order of the Court or to ask them if they be agreed until they have returned their verdict into court, so help you God? Each count is a separate charge. Paragraph 20 says as I read it that "It was a further part of the scheme and artifice to defraud purchasers that the defendants, aided and abetted by each other, and aided and abetted by their *428 salesmen or other representatives, made the following false and fraudulent pretenses * * * " As I have looked upon this case Interstate Engineering Corporation could be found by you to be guilty only if you find that they aided and abetted one or more of the New Hampshire defendants in a fraudulent scheme. With respect to the duty of the Government to prove beyond a reasonable doubt with respect to a defendant, before that defendant can be convicted, that he personally, or, in the case of a corporation, an authorized individual acting for the corporation, was a party to a scheme to defraud, that he or the authorized corporate officer or representative personally specifically intended that the mails should be used in connection with that scheme and, third, that he, or in the case of a corporation, the authorized corporate representative specifically intended to defraud, that is to act in a wicked manner. Our multi-discipline network of professionals can design, contract, and supervise projects throughout the great plains region. Our multi-discipline network of professionals can design, contract, and supervise projects throughout the great plains region. Second, what was his capacity for recollection? So far as your meals and lodging go, they will be taken care of in accordance with the usual practice in this District. It is merely a reliance upon the Constitutional right to wait until the Government offers something which seems to the defendant to be of any consequence. To the jury: There is a difference between testifying as a witness in court and being a salesman selling products or programs as you observed. The defendants want your verdict, the Government wants your verdict, the community wants your verdict, and if you do not agree presumably some other jurors will have to go through this whole process to arrive at some verdicts. *417 We also know that in October of 1965, if not earlier, and it is up to you, he, as he said, took into account the Federal Trade Commission Order, Exhibit 32-A, and he took into account the State Court proceedings, and he took into account certain State Lottery and other Statutes. One very sufficient reason is it hasn't all been typed. Now I want to make it clear that under this Indictment and under my instructions a referral scheme of selling as such is not a fraudulent scheme. Bosch improves quality of life worldwide with . There is no burden upon the Government to prove that the plan succeeded. Interstate Aircraft and Engineering Corporation was a small American aircraft manufacturer in production from April 1937 to 1945, based in El Segundo, California. In this kind of criminal case, whatever may be rules of agency in civil matters, individuals are to be judged on the basis of their personalized individual knowledge. In that regard I would like to ask the Court to give Interstate's Requested Instruction No. I don't flatter you when I say I rather think from looking at you that you may not have been selected merely as a cross-section of New Hampshire. THE COURT. Now in determining whether a plan is capable of defrauding the kinds of people to whom it is addressed you take into account the whole range of persons to whom it is likely to be offered. Now there is no rule of law that you must believe or disbelieve a biased or friendly or hostile witness. I have already told you you are the judges of the evidence, but you are the judges of the evidence within certain principles of law. I am sure that you will have in mind, without my specifically calling it to your attention, that the New Hampshire defendants had as their counsel, at least at some stages of this matter, Mr. Connor, and you will bear in mind what the testimony was with respect to what was laid before Mr. Connor and what opinions he gave. In a real sense every case is important to the parties, and a criminal case is particularly important because, as was pointed out to you in argument, there are at stake precious interests, such as possibly the liberty of the persons involved, and certainly their honor, reputation and pride, and also there is the great interest of the society, of the United States of America and of the people in having justice administered equally and fairly. We strive to the professionals you need, people you trust. That on or about January 6" by the way that (k) is one of the paragraphs I said you ought to pay special attention to to see whether the evidence does or does not support that. That's a parenthesis, not to be taken as part of the instructions of law and not, please, only as a compliment. To the jury: Mr. Foreman and members of the Jury, in connection with Mr. Zobel's appearance, I made some remark about Mr. Zobel didn't tell us what particular changes he proposed should be made in the sales presentation of Interstateof New England Enterprises Company. Now, of course, in connection with Exhibits 2-A, B and C, there is no doubt that 2-C is the one which has caused the most discussion in the evidence, and if you will turn to 2-C, I must remind you that it is not agreed by the defendants that 2-C is what the salesman actually said. MR. WALL. In any event, the problem of sentencing is not for you. Zobel said about 40% of Interstates revenue comes from sales in Japan.--JOHN ODELL, UC officials call for mediator as strike by 48,000 academic workers causes systemwide disruptions, Crude emails reveal nasty side of a California beach citys crusade to halt growth. With respect to each defendant on each count you are required to be unanimous. He arrived on the 27th of July, but he learned the facts, as far as we know, on the 28th of July, 1965. Management participated in this and were very excited. And this is very important because you will remember the Federal Trade Commission Order, Exhibit 32-A, in this case, and you will remember that I instructed you at the time that that Federal Trade Commission Order was admitted, that it was not admitted for and could not be considered by you in connection with the question whether there was any scheme to defraud. Interstate Engineering is no stranger to Geographical Information Systems (GIS). So far as we know, the usual practice was followed, and the only persons who ever talked to the Grand Jury were the United States Attorney and his assistants and some witnesses that the United States Attorney and his assistants suggested that the Grand Jury should listen to. Now, for example, a salesman of a corporation who engages in sales talk is acting within the scope of his authority. 25 we don't consider to have been adequately covered. That was a pretty good statement. That was in reference to what the Court referred to as Exhibit 43, and I think also it would include 48. You mean instructions, not assignments of error. That would be a perfectly legitimate device. Opinion for Interstate Engineering Corp. v. Fitchburg, 329 N.E.2d 128, 367 Mass. The Government did not ask him specifically what changes he suggested should be made in the program. It is a question of fact. To the jury: I seem to have made some mistake in stating the defendants' position with respect to Exhibit 2-C, Paragraph 15. You may also use it for the purpose of determining whether there was in general a plan or scheme to defraud. Rathdrum, ID, US, 83858. Second, the aider or abettor must know that the other is committing a crime. Number 11. 1967) Copy Citation. You'll get a good meal, I think. That's where counsel have been eating and the Court. MR. BROWN. You have ample evidence which will enable you to determine whether indeed there was a plan or scheme to defraud, whether it was part of the scheme to use the mails and the mails were used, and whether any particular defendant had or did not have the necessary intent. It may be treated as struck. You will be provided with breakfast tomorrow morning and, of course, if you have any legitimate needs of a medical or other nature don't hesitate to call upon the Marshals, who have you in custody, for any assistance. In particular I expressed myself at length at the time that Exhibit 43 was offered last week, and some of you will perhaps recall the rather elaborate instructions which I gave at that time. If they were, presumably the Federal Trade Commission would never have issued the Order which is before you as Exhibit 32-A because you will notice that the Federal Trade Commission did not outlaw referral systems, it merely put conditions with respect to what referral systems hereafter used by the defendants involved in that proceeding would have to do in order to comply with the prospective provisions of that Order. I'm sorry. Instructions. He so testified. There are also items of evidence which may be admitted only against a particular defendant or against some defendants and not against other defendants. When I indicated that I agreed with Mr. Gute's interpretation of the documents of Interstate all that I meant to imply or state was that there were no positive misrepresentations in those documents, and that is all that was involved in this case before me. Interstate Companies division branches are located throughout the midwest, west and southwest regions. It was part of the scheme and artifice to defraud purchasers that the salesman or other representatives would repeatedly dwell upon the claim that Interstate Engineering Corporation was no longer advertising the Compact vacuum cleaner by conventional means such as via magazines, newspapers, direct mail and television; furthermore, that the prospect in whose home the salesman was at the time was being given an opportunity to earn some of this advertising money that had formerly been wasted. In any event, my Charge is oral and not written, for though I realize how difficult some aspects of this case are my principal object is to talk to you so that you may clearly understand your obligations and the applicable rules of law. MR. BROWN. take a look at some OF OUR amazing projects, North Prairie Water District Improvements, Glendive Sidewalk, Curb, & Gutter Improvements, Interstate Engineering Welcomes Strike to Billings Team, Thompson Appointed West Central Regional Vice President, More Water, Less Problems for Barnes Rural Water District. You will remember that on the 19th of June the Government's Bill of Particulars was shown to you. THE COURT. On my requests, those are the only objections I have, your Honor. Well, I am perfectly willing to read this. He said he read the statute and. Now you may think this is rather funny because you may look upon these counts as being just duplications. That is to say, it is the charge of a different crime. Frankly, were delighted. Now those two corporations not only in the words of the street "have no soul" but in the words of an ordinary observation "have no body," but I am not suggesting that you will treat them with any greater severity or kindness on that count. The last paragraph, your Honor. That's 25 times $25 is $625. But here we are in an area that again I remind you is like Lord Devlin's statement of yours being a parliament. You must determine the issue as to the scheme to defraud membership of a particular defendant only from any evidence as to his statements, conduct or acts. There are some crimes which one can commit without a specific intent to commit a crime. Individual salaries will, of course, vary depending on the job, department, location, as well as the individual skills and education of each employee. That business about transfer of an installment contract is really of no importance. MR. BROWN. That is, purposefully to give substantial assistance to another to help him commit a crime. Jul 20, 1967. 149, 44A-44L, and the submission of the general bids it was arranged between a subbidder which had submitted a filed subbid for interior piping work and a prospective general bidder, to which the . THE COURT. I am sure that you have felt, as I have, that counsel on all sides have demonstrated great skill and ability, and that their experience and judgment have been of considerable assistance to you as well as to me in bringing this case to this point. The business id is 542499. You have to be satisfied that there was a common venture. He testified he saw them. THE COURT. The Federal Mail Fraud Statute, as I shall tell you a little more about later, treats as the wrong condemned by the statute the mailing pursuant to a scheme to defraud and pursuant to an intent to use the mails and pursuant to an intent to do wrong, but each separate mailing is a different crime under the statute if the three-pronged conditions have been met, to wit, proof beyond a reasonable doubt of a scheme to defraud, a specific intent to use and use of the mails, and a specific intent to do wrong and commit a fraud. It is the view of the defendants that this was just a kind of set of possible instructions to be regarded or disregarded according to your own individual experience as a salesman. Now Mr. Phinney in his argument pressed hard on the point that there was no evidence of any complaint of any defendant doing anything wrong after July 28, 1965. Anything that counsel have said or anything that I have said or may say about the facts you are entirely free to disregard. Now it may happen that the client consults his lawyer mid-way in the course of his action. It has the burden of proof on each issue, and the burden of proof is proof beyond a reasonable doubt. Now some of the examination and cross-examination suggested that salesmen in fact said, "As little as $19.90 down." The agent name for this business is: Rogers, John. I'm just trying to highlight what are the points of difference between the Government and the defendants which seem to me especially significant. The nearly. THE COURT. That is to say, it is you, not the Judge and not the lawyers, who are to make up your mind what was the evidence, how much of it was credible, that is to say believable, and it is up to you to determine ultimate questions and preliminary questions of fact. There are many circumstances which enable one to arrive at a conclusion with respect to intent, and in a case of this sort there has been furnished to you a great deal of information with respect to intent. It means you must be persuaded as you would want to be persuaded about the most important concerns of your life. You don't have to accept this analogy. MR. PHINNEY. There are 4 officer records in this business. Now what is a fraud? That is in the case of a manufactured product. But, of course, everything depends on whether there has been placed before the lawyer everything which is relevant and whether the lawyer has been selected in an honest and disinterested way, and whether, so far as the client knows, the lawyer has acted in an honest and disinterested way. Before I leave that subparagraph I must point out to you a very important difference of view between the Government and the defendants. Gulf Interstate Engineering's annual revenues are $100-$500 million (see exact revenue data) and has 500-1,000 employees. It is up to you. Electrical, General Engineering . Each of them is a separate person, the corporations being persons in contemplation of law, and as to each person you are to give separate verdicts, and with respect to each you are to examine most carefully the evidence on an individual basis, and this is of the greatest significance because here in every aspect personal intent is a fundamental issue. Company profile at Interstate Engineering. It is quite enough if he caused the letter to be put in the box and if he entered into a plan with the knowledge that the mail was going to be used, you as jurors can find that he caused the mails to be used, if they were used pursuant to his expectation and pursuant to the plan. Without covering the whole ground, let me say that the essential elements could be reduced to three with respect to each defendant: Was he a party to a scheme to defraud? In other words, it is the Government that has to prove it beyond a reasonable doubt, and the defendant may keep quiet, and that silence is in no way to be used against the defendant. Your Honor, I would also like to take an exception to the illustration in the sugar case. Such trivial niceties are too impossible for practical affairs, they are will-o'-the-wisps, which divert attention from substantial evils. The Bill of Rights provides that no one in a Federal Court can be charged with a serious crime unless the matter is first presented for consideration by a Grand Jury. THE FOREMAN. The Government has to prove all of those elements before somebody can be convicted of aiding and abetting another to commit a crime. United States District Court D. New Hampshire. We are part of each community we serve, offer support and truly understand the needs. All that the Government has to prove beyond a reasonable doubt is that the misrepresentations were made, and that they were material, and that they were false and were known to be false, and that under these circumstances they constituted a scheme to defraud, which included the specific purpose of using the mails as part of the scheme and which also was carried forward with the specific intent of committing a fraud. INTERSTATE ENGINEERING CORP. Company Number 042272323 Status Inactive Incorporation Date 4 December 1960(almost 61 years ago) Dissolution Date 24 March 2015 Company Type Domestic Profit Corporation Jurisdiction Massachusetts (US) Registered Address 193 JEFFERSON AVE. SALEM 01970 MA USA Inactive Directors / Officers JOEL LEINSON, secretary Questions Post Question There are no questions yet for this company. With respect to the mails, the second major part that I told you was in this case, the Government has to prove beyond a reasonable doubt that the mails were used, and in each of the counts here there is a specific reference to a specific mailing, but the Government must also prove that the particular individual intended that the mails should be used as part of the scheme. "Temple, Thibaudeau, Tome, Tracewski, Vaillancourt, Westgate" and "Young, and others who, by reason of their number and lack of information on the part of the Grand Jury, are not susceptible to being named in this indictment, and hereinafter referred to as purchasers, representing that class of persons who could be induced by the defendants to sign an installment sales contract for the purchase of a Compact vacuum cleaner, through misrepresentations, false and fraudulent pretenses, by means of untrue statements of material facts." They may have decided for reasons of economy. Don't discuss it with Court Officers or with lawyers or with parties or with some strangers in the hotel or with the waitresses. 19? July 20, 1967. You forgot that your license expired last week. There was no indication at all that within that period of time so many names could be dug up as to create a problem of exhaustion of potential customers. All that I have done is I have said that as to some of these counts there is no evidence on which a Jury could rationally come to a conclusion of guilt, and against National Budget Corporation there is no evidence upon which a Jury could rationally convict, but I am not implying that were I the Jury I would convict the remaining defendants upon the remaining counts. If the law of New Hampshire is like the law of Massachusetts you can be convicted even though it was a lapse of memory on your part. On the other hand, if it is your best guess that you will not reach verdicts within an hour or so, I think it might be wise for you to stop now and resume in the morning, and to sleep together at the hotel where arrangements have been made. . Now Paragraph 16 also caused the introduction of much testimony. The position that the defendants take is that the language which reads as follows: "Now let's say you send us to see 50 people" means, according to the defendants, "Now let's say we, as a result of your recommendation and the appointments we make, actually get in to see 50 people in their homes.". You have had it before you as an exhibit, but I see no reason why I shouldn't follow the usual practice of reading it to you, so far as it is pertinent, and I will omit the penalty part because I already told you that is none of your concern. And now let me draw to your attention what you perhaps did not particularly notice as I was reading the Indictment. I Interstate Engineering Corp. It is a mere complaint or charge. You are to ignore anything you may have seen in the newspapers, or on television, or heard on the radio, or in any way learned about except what you learned here in court. You saw a demonstration, and I think you will agree with me that there is absolutely nothing which would justify you in concluding that the goods supplied were inferior in quality. Tardif was here. This is useful in . Now I am going to say quite clearly again what I hope I said earlier in the trial, that what was pending before the Federal Trade Commission was not a charge of crime. *433 THE COURT. Join a global professional services leader. What its like working for Elon Musk, It will absolutely come down to California: Balance of power in Congress hinges on these state races. THE COURT. You have to take into account average people of the kind that would purchase on door-to-door canvassing. MR. You saw the kinds of people that were the customers, and you know what kinds of people were likely to be included within the solicitation. Now I have said that the Government has the burden of proof beyond a reasonable doubt, and there is something which, as it were, is a corollary to that. The business status is Admin. A total of 259 of the XO-63/L-6/L-8 series were built for the US Army Air Forces. You have to be satisfied that the venture included discussion with the public authorities, and you have to be satisfied that this common venture and purpose continued up to the time that the statement or statements and conduct or acts occurred between New England's representatives and the Postal Authorities. The Registered Agent on file for this company is C T Corporation System and is located at 1024 K Street, Lincoln, NE 68508. 1 : Decision Date: 16 May 1975: Page 128. The evidence was supported by all kinds of photographic and perhaps photogenic evidence. (f) That the salesman or other representative was not selling anything, but was only at the prospective purchaser's home for the purpose of demonstrating `a most amazing new idea.'. When will we know who won the L.A. mayoral race and why is it taking so long? That is, what went on when Mr. Zobel was here? But the case is one of very great importance. I was going to ask the Court if the jury could be asked before they retire whether they have decided as to anyone. Now if an individual having at his command all the relevant facts before taking any action places all the relevant facts before a competent attorney whom he believes to act in good faith and asks that attorney his opinion, and that attorney having considered all the relevant facts, and speaking in advance of any action taken, indicates that the conduct is lawful, under such circumstances you cannot find that the client has knowingly, intentionally violated the law, if he acts in accordance with expert counsel, chosen in a disinterested and honest way, and acting, so far as the client knows, in a disinterested and honest way. Plans called for an annual production of 900 aircraft. Your Trusted Source for Authorized TriStar Vacuum Bags, Filters, and Parts. Interstate desires to object to the illustration made by the Court with regard to the sugar distillery situation, insofar as it purports to be a statement of the law applicable. With respect to none of these counts is National Budget Corporation any longer before you because I directed an acquittal with respect to National Budget Corporation on all counts. That is to say, there can be bona fide referral schemes. The company's filing status is listed as Active Good Standing and its File Number is F012346. They may have decided for reasons of convenience of presentation. Trivial niceties are too impossible for practical affairs, they will be taken care of accordance! Corporation in operation since 1976, Interstate Engineering, surveying, and he will presumably you Absolutely no knowledge of what Y wants it for the evening $ 625 17th day any occasion consider!, there is no rule of evidence which the Government ``, strike out the oral evidence that! 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