Durland v. United States - 161 U.S. 306, 16 S. Ct. 508 (1896)

Rule:

25 Stat. § 873 (1889) must be read so as to include everything designed to defraud by representations as to the past or present, or suggestions and promises as to the future. The significant fact is the intent and purpose.

Facts:

Defendant sold bonds through circulars sent through the United States Post Office. He was convicted under 25 Stat. § 873 (1889). He challenged the sufficiency of the indictments in his convictions, alleging that the statute covered only such offenses as would constitute "false pretenses" at common law, requiring a misrepresentation as to some existing fact and not a mere promise as to the future.

Issue:

Did 25 Stat. § 873 (1889) cover only such offenses as would constitute "false pretenses" at common law? 

Answer:

No.

Conclusion:

On appeal, the United States Supreme Court affirmed the convictions, holding that the statute was broad, and intended to cover any scheme or artifice to defraud. The Court said that the statute must be read in light of the evils which it sought to remedy; lottery schemes by which a large return was promised on a small investment. In this light, the statute included everything designed to defraud by representations as to the past or present, or suggestions and promises as to the future. The significant fact was defendant's intent and purpose to defraud.