The opinion of the court was delivered by: MADDEN
This is a motion to dismiss each of two counts of an indictment returned by the Grand Jury against the defendant, Anthony Valenti, alias Anthony Valentino, alias Tony Valentino.
The indictment and both counts thereof charge in effect violation of Section 1001 of Title 18 and it is set forth in the footnote
. The statute involved provides:
'Whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be fined not more than $ 10,000 or imprisoned not more than five years, or both. June 25, 1948, c. 645, 62 Stat. 749.'
The attack on the indictment is three-fold.
Second: The indictment and each count thereof fails to state facts sufficient to constitute an offense.
Third: That both the statute allegedly violated and the form allegedly furnished by the defendant are void for vagueness.
In order to have a clearer understanding of the picture one must understand that the form referred to in the indictment (Form NLRB-1081) was required to be filed by officers of unions seeking aid from the National Labor Relations Board under the provisions of the Taft-Hartley Act, 61 Stat. 143, 29 U.S.C.A. § 159(h), and is set forth as follows:
'Affidavits showing union's officers free from Communistic Party affiliation or belief
'(h) No investigation shall be made by the Board of any question affecting commerce concerning the representation of employees, raised by a labor organization under subsection (c) of this section, and no complaint shall be issued pursuant to a charge made by a labor organization under subsection (b) of section 160 of this title, unless there is on file with the Board an affidavit executed contemporaneously or within the preceding twelve-month period by each officer of such labor organization and the officers of any national or international labor organization of which it is an affiliate or constituent unit that he is not a member of the Communist Party or affiliated with such party, and that he does not believe in, and is not a member of or supports any organization that believes in or teaches, the overthrow of the United States Government by force or by an illegal or unconstitutional methods. The provisions of sections 286, 287, 1001, 1022, and 1023 of Title 18 shall be applicable in respect to such affidavits. As amended June 23, 1947, 3:17 p.m., E.D.T., c. 120, Title I, § 101, 61 Stat. 143; Oct. 22, 1951, c. 534, § 1(c, d), 65 Stat. 601.' 29 U.S.C.A. § 159(h).
The constitutionality of the above section was established by the Supreme Court in Osman v. Douds, 339 U.S. 846, 70 S. Ct. 901, 94 L. Ed. 1328.
It should be noted, that in adopting this section, Congress specifically incorporated by reference, the penal and criminal efficacy of, inter alia, Section 1001 of Title 18 and it left no room, and afforded no occasion for speculation or conjecture, in reasonable minds, as to the sanctions, both criminal and civil, annexed to the statutory provision.
A reading of the indictment in conjunction with a reading of the statute, Section 1001, leads one to the conclusion that the elements set forth in the statute are alleged in the indictment as follows:
Whoever -- Anthony Valentino,
in any matter within the defendant herein,
the jurisdiction of in a matter within
any department or the jurisdiction of
agency of the the National Labor
United States Relations Board of
knowingly and the United States
wilfully falsifies a did unlawfully,
material fact willfully and knowingly
in an "Affidavit
of Non-Communist Union
Officer" make a false
and fictitious and
and representation, to
wit, that he was not a
member of the Communist
Party (Count 1). That
he was not affiliated
with the Communist
Party (Count 2).
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