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UNITED STATES V. KENOFSKEY, 243 U. S. 440 (1917)

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U.S. Supreme Court

United States v. Kenofskey, 243 U.S. 440 (1917)

United States v. Kenofskey

No. 649

Submitted March 16, 1917

Decided April 9, 1917

243 U.S. 440

Syllabus

A local agent of a life insurance company, whose duty was to verify claims of death and certify and deliver the proofs and certificates to the company's local superintendent, so certified and delivered a false claim, proofs and certificates, for the purpose of defrauding the company, knowing and expecting that in the due course of business and before the claim would be paid, the documents, when approved by the superintendent, would be mailed to the company's home office for final approval, as actually occurred. In approving and mailing the documents, the superintendent acted innocently.

Held:

(1) That the agent caused the mailing, within Criminal Code § 215, providing punishment for those who "place or cause to be placed" matter in a post office for the purpose of executing a scheme to defraud.

(2) That the scheme was not executed on delivery of the documents to the local superintendent.

235 F.1d 19 reversed.

The case is stated in the opinion.


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