149

OverviewTranscribeVersionsHelp

Facsimile

Transcription

Status: Needs Review


109

to convict him of the crime, it is not necessary that he perform
the act himself. A principal is 'a person concerned
in the commission of a crime, whether he directly commits
the act constituting the offense or aids and abets in its
commission,
and whether present or absent, and a person
who directly or indirectly counsels, commands, induces
or procures another to commit a crime.' Penal Law, §2.
It is not necessary to show that he knew that this particular
girl was placed in the designated house on that date.
It is enough to show
that Luciano schemed with the others
to 'book' all the girls possible, in the houses over which
they had or would be able to gain control, that he assumed
the direction of the organization, lent his influence and
force, and gave counsel, direction, advice;
that his organization
assumed control over the bookers; and that he so
aided and abetted in the commission of each particular
crime.
21

The Luciano principles are particularly applicable to high government officials
whose subordinates commit criminal acts. For example, in Jezewski v.
United States,
13 F.2d 599 (6th Cir. 1926) 22 the mayor of a city was convicted
of violation of the National Prohibition Act even though there was no evidence
linking him directly with specific violations.

The evidence showed a scheme, the keystone of which was a brewery
licensed to produce "near beer." The brewery instead produced high alcohol
beer which was distributed to selected bars in the community and sold.

Despite the total absence of direct evidence linking the mayor to the illegal
acts, the court found him guilty on the basis of his responsibility to see
that the laws were faithfully enforced:

Substantial evidence of facts and circumstances [exist] from
which the natural inference arises that the failure to enforce
__________________
21 14 N.E. 2d at 435-36 (emphasis added).

22 Cited with approval in Blumenthal v. United States, 332 U.S. 539, 557 (1947).

Notes and Questions

Nobody has written a note for this page yet

Please sign in to write a note for this page