San Francisco Assn for Blind v. Industrial Aid for Blind Inc‪.‬

The indictment in this case charged Leslie G. Bowen, Ray H. Andrews, and Peter A. Marxen with having devised a scheme to defraud and for obtaining money and property by means of false and fraudulent pretenses, representations and promises in connection with the sale of "pre-organization certificates" of Bowen Industries, and unincorporated association, and of stock and promissory notes of Bowen Industries, Inc., the successor of Bowen Industries. The indictment contained thirteen counts, each covering an instance in which the mails were used. The first six counts were based upon § 17 (a) of the Securities Act of 1933, 15 U.S.C.A. § 77q (a) The seventh and eighth counts were based on § 5 (a) of the same Act, 15 U.S.C.A., § 77e (a) The remaining counts of the indictment were based upon the Mail Fraud Statute, 18 U.S.C.A. § 338