Appendix — Michael v. United States

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DEC 3 1979

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IN THE

SUPREME COURT OF THE UNITED STATES

October Term, 1979

NO. 79-598

MURRAY H. MICHAEL,

Petitioner

VS.

UNITED STATES OF AMERICA,

Respondent.

APPENDIX TO

PETITION FOR WRIT OF CERTIORARI

TO THE UNITED STATES CIRCUIT COURT

OF APPEALS FOR THE THIRD CIRCUIT

MURRAY H. MICHAEL

P.O. Box 1137

Kissimmee, Florida 32741

Telephone: (305) 423-2934

Petitioner

INDEX

APPENDIX: Page

Opinion of the United States Court

of Appeals, Third Circuit, United

States v. Michael, No. 78-2545

(Aug., 1979) . 2 “« « 5a) epee

Judgment of the United States Court

Of Appeals, Third Circuit, United

tates v. Michael, No. 78-2545

(Aug., 1979) « « « « «eee a4

Judgment of the United States Dis-

trict Court for District of New

Jersey, United States v. Michael,

No. CR 77-00455(Nov., 1978)... a5

Statutes Involve@ .. «ss 6 # sce, eee

Redacted Indictment, United States

v. Michael, No. CR 77-00455 . . a9-44

Jury Request No. 15 ...... a45

Excerpt Of Trial Transcript .. a46

Certificate Of Service ..... a47

. eee |

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APPENDIX

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

NO. 78-2545

UNITED STATES OF AMERICA,

Appellee

Vv.

MURRAY H. MICHAEL,

Appellant

APPEAL FROM THE UNITED STATES DISTRICT

COURT FOR THE DISTRICT OF NEW JERSEY

(D.C. Crim. No. 77-00455)

Argued August 8, 1979

Before ALDISERT and WEIS, Circuit Judges,

and DIAMOND*, District Judge

Opinion filed

August 17, 1979

H. Franklin Robbins, Jr., Esq. (argued)

120 South Court Avenue

Suite 108

Orlando, Florida 32801

Attorney for Appellent

Robert J. Del Tufo, Esq.

United States Attorney

Samuel A. Alito, Esq. (argued)

Assistant U. S. Attorney

Federal Building

Newark, New Jersey 07101

Attorneys for Appellee

a2

al (cont'd)

. . PER CURIAM.

OPINION OF THE COURT After considering the conten-

tions raised by defendant, to wit, that

(1) Count 1 is defective be-

; cause it fails to allege suf-

*Honorable Gustave Diamond, United States ficient facts to show that the

District Court for the Western District objective of the conspiracy

of Pennsylvania, sitting by designation. was a criminal misapplication;

(2) defendant's conviction on

Count 1 violates Wharton's Rule;

(3) with regard to count l, the

evidence established as a matter

of law that there were several

conspiracies rather than one;

(4) the trial court erred in

denying defendant's requested

jury instructions numbers 5

and 6;

. . (5) there was insufficient

evidence to support defend-

ant's conviction of the offense

charged in count 2;

(6) the trial court abused its

discretion and committed reversible

error when it admitted into evi-

dence the following:

(a) testimony of government wit-

ness Greenspon and charts he had

prepared which purported to

reflect that defendant had di-

verted loan proceeds, and

(b) testimony of government

witness Angelakes who testi-

fied that defendant had never

repaid the loans; and

7. the trial court erred in in-

structing the jury on the deri-

vative liability doctrine;

a3

we order that the judgment of the district

court be affirmed.

In the exercise of our discre-

tion, we do not pass upon the conviction

under counts 15, 16 and 17 because

the same concurrent sentences were

ordered upon those counts as were imposed

upon counts 1 through 14. See Barnes

v. United States, 412 U.S. 837, 848

n.16 (1973); United States v. Lampley,

573 F. 2d 783 (3d Cir. 1978). Since

we have not passed upon the contentions

applicable to counts 15, 16, and 17,

the convictions on those counts should

not be considered in passing upon the

defendant's parole eligibility.

The judgment of the district

court as to counts 1 through 14 will

be affirmed.

TO THE CLERK:

Please file the foregoing opinion.

CIRCUIT JUDGE

a4

UNITED STATES COURT OF APPEALS

1 JR THE THIRD DISTRICT

UNITED STATES OF AMERICA

Vs.

MICHAEL, MURRAY H.,

Appellant

(D.C. Criminal No. 77-00455)

ON APPEAL FROM THE UNITED STATES

DISTRICT COURT FOR THE DISTRICT

OF NEW JERSEY

Present: ALDISERT and WEIS, Circuit

Judges and DIAMOND, District

Judge.*

JUDGMENT

This cause came on to be heard on

the record from the United States

District Court for the District of New

Jersey and was argued by counsel on

August 8, 1979.

On consideration whereof, it is

now here ordered and adjudged by this

Court that the judgment of the said

District Court, filed November 3, 1978,

be, and the same is hereby affirmed

with respect to Counts 1 through 14.

ATTEST:

M. Elizabeth Ferguson

Chief Deputy Clerk

August 17, 1979

*Honorable Gustave Diamond, United

States District Court for the Western

District of Pennsylvania, sitting

by designation.

a5

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STATUTES INVOLVED:

18 U.S.C. § 23

(a) Whoever commits an offense

against the United States or aids, abets,

counsels, commands, induces or procures

its commission, is punishable as a

principal.

(b) Whoever willfully causes an act

to be done which if directly performed

by him or another would be an offense

against the United States, is punish-

able as a principal.

tam Fe eee

If two or more persons conspire either

to commit any offense against the

United States, or to defraud the United

States, or any agency thereof in anv

manner or for any purpose, and one or

more of such persons do any act to

effect the object of the conspiracy,

each shall be fined not more than

$10,000 or imprisoned not more than five

years, or both.

If, however, the offense, the commission

of which is the object of the conspir-

acy, is a misdemeanor onlv, the punish-

ment for such conspiracy shall not ex-

ceed the maximum punishment provided

for such misdemeanor.

a7

STATUTES INVOLVED CONTINUED:

18 0.8.C. $ 656:

Wnoever, being an officer, director,

agent or employee of, or connected in

any capacity with any Federal Reserve

bank, member bank, national bank or

insured bank, or a receiver of a nation-

al bank, or any agent or employee of the

receiver, or a Federal Reserve Agent,

or an agent or employee of a Federal

Reserve Agent or of the Board of

Governors of the Federal Reserve Systen,

embezzles, abstracts, purloins or will-

fully misapplies any of the moneys,

funds or credits of such bank or anv

moneys, funds, assets or securities in-

trusted to the custody or care of such

bank, or to the custody or care of any

such agent, officer, director, employee

or receiver, shall be fined not more

than $5,000 or imprisoned not more than

five years, or both; but if the amount

embezzled, abstracted, purloined or mis-

applied does not exceed $100, he shall

be fined not more than $1,000 or im-

prisoned not more than one vear, or both.

As used in this section, the term

"national bank" is synonymous with

"national banking association"; "mem-

ber bank" means and includes any

national bank, state bank, or bank and

trust company which has become a mem-

ber of one of the Federal Reserve banks;

and "insured bank" includes any bank,

banking association, trust company,

savings bank, or other banking institu-

tion, the deposits of which are insured

by the Federal Deposit Insurance Corp.

a8

STATUTES INVOLVED CONTINUED:

18 U.S.C. § 19523

(a) Whoever travels in interstate

or foreign commerce or uses any facil-

ity in interstate or foreign commerce,

including the mail, with intent to--

(1) distribute the proceeds of any

unlawful activity; or

(2) commit any crime of violence to

further any unlawful activity; or

(3) otherwise promote, manage, es-

tablish, carry on, or facilitate the

promotion, management, establishment,

Or carrying on, of any unlawful activ-

ity,

and thereafter performs or attempts to

verform any of the acts specified in

Subparagraphs (1), (2), and (3), shall

be fined not more than $10,900 or im-

Dvrisoned for not more than five years,

or both.

(b) As used in this section “unlaw-

ful activity" means (1) any business

enterprise involving gambling, liquor

on which the Federal excise tax has not

been vaid, narcotics or controlled sub-

stances (as defined in section 102(6) of

the Controlled Substances Act (21 USCS

§ 802(b), or prostitution offenses in

violation of the laws of the State in

which they are committed or of the

United States, or (2) extortion, brib-

ery, Or arson in violation of the laws

of the State in which committed or of

the United States.

a9

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

CRIMINAL NO. 77-445

Title 18,United States Code,

Sections 371, 656, 1952 and 2

UNITED STATES OF AMERICA

.

MURRAY H. MICHAEL

The Grand Jury, in and for

the District of New Jersey, sitting

at Newark, charges that:

COUNT 1

1. At all times mentioned

in this Indictment, the Trust Company

of New Jersey, with its principal offices

located in Jersey City, New Jersey,

was a bank, the deposits of which were

insured by the Federal Deposit Insurance

Corporation.

2. At all times mentioned in

this Indictment, the defendant,

MURRAY H. MICHAEL,

resided in the State of Florida, was

a customer of the Trust Company of New

Jersey, who borrowed in excess of

$800,000.00 from said bank in his own

name and in the names of certain business

entities, of which he was a principal;

including Mid-Florida Industries, Inc.;

Three M Investments, Inc.; Maximum One

Limited; American Housekeeping, Inc.;

Gallows Development Corporation; County

Wide Management, Inc.; GA Chem.,Inc.;

Khem Troll,inc.;MI Chem.,Inc.;ORL Company,

a

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Inc.; LA Company, Inc.; JAX Chem., Inc.;

Mid-State Management, Inc.; Osceola

Management, Inc.

3. At all times mentioned

in this Indictment, James M. Neveras,

named herein as a co-conspirator but

not as a defendant, was the Vice

President -- Commercial Lending of the

Trust Company of New Jersey with respon-

sibility for reviewing applications

for loans and other extensions of

credit.

4. From at least as early

as in or about January of 1974, and

continuing thereafter up to and in-

cluding the date of the filing of

this Indictment, the exact dates being

unknown to the Grand Jury, in the

District of New Jersey, and elsewhere,

the defendant,

MURRAY H. MICHAEL,

together with the unindicted co-

conspirator, James M. Neveras, and

others, did knowingly, wilfully and

unlawfully combine, conspire, con-

federate and agree with each other,

and with others, to commit certain

offenses against the United States,

that is, to wilfully misapply and

cause to be misapplied by the unin-

dicted co-conspirator, James M. Neveras,

an amount in excess of $100.00 of

the monies, funds and credits of the

Trust Company of New Jersey, with

the intent to injure and defraud said

Bank, in violation of Title 18, United

States Code, Sections 656 and 2.

5. It was a part of said

conspiracy that, in order to obtain

funds for the personal use of the

all

defendant, MURRAY H. MICHAEL, in con-

nection with certain business ventures,

the defendant, MURRAY H. MICHAEL and

the unindicted co-conspirator, James M.

Neveras, caused the Trust Company of

New Jersey to loan approximately

$833,000.00 to a series of business

entities of which the defendant was a

principal and to the defendant indi-

vidually.

6. It was a further part

of said conspiracy that in order to

conceal from the Trust Company of

New Jersey the true nature and pur-

pose of the loans, referred to above

in Paragraph 5 of this Count of the

Indictment, the defendant and co-

conspirator would:

al2

A. Make application for loans

in amounts which the defendant and co-

conspirator knew could be approved

by the unindicted co-conspirator, James

M. Neveras, without further review

by other bank officials; and

B. Obtain and renew certain

of the loans based upon false, fictitious,

and fraudulent documents and information.

7. $It was a further part of

said conspiracy that the defendant,

MURRAY H. MICHAEL, would meet with

James M. Neveras for the purpose of

securing loans from the Trust Company

of New Jersey in return for money (kick-

backs) tc James M. Neveras of approximately

ten percent (10%) of the face value

of the loans.

8. It was a further part of

said conspiracy that the defendant

and co-conspirator performed other

acts to hide and conceal, and cause

to be hidden and concealed, the purpose

and the acts committed in furtherance

of the conspiracy.

All in violation of Title

18, United States Code, Section 371.

al4

al3

6. On or about April 25,

OVERT ACTS 1974, James M. Neveras approved a

loan by the Trust Company of New Jersey

; In furtherance of the con- in the amount of $100,000.00 in the

piracy set forth above, and in order name of Three M Investments, Inc.

to — the objects thereof, the 7. On or about April 25,

defentiant and co-conspirator did com- 1974, the defedant, MURRAY H. MICHAEL,

mit and cause to be committed the following paid James M. Neveras the sum of $10,000.00

Overt acts, among others: in the District of New Jersey.

1. In or about January of 8. On or about October

1974, the defendant, MURRAY H. MICHAEL, F 29, 1974, James M. Neveras approved

had a conversation with James M. Neveras a loan by the Trust Company of New

in the District of New Jersey. Jersey in the amount of $50,000.00

2. On or about January 29, in the name of Maximum One Limited.

1974, James M. Neveras approved a loan 9. On or about October

by the Trust Company of New Jersey 31, 1974, James M. Neveras approved

in the amount of $100,000.00 in the a loan by the Trust Company of New

name of MURRAY H. MICHAEL. Jersey in the amount of $50,000.00

3. On or about February: 8, in the name of American Housekeeping,

1974, the defendant, MURRAY H. MICHAEL, Inc.

paid James M. Neveras a sum of $10,000.00 10. On or about January

in the District of New Jersey. 20, 1975, James M. Neveras approved

4. On or about April 2, 1974, a loan by the Trust Company of New

James M. Neveras approved a loan by Jersey in the amount of $25,000.00

the Trust Company of New Jersey in in the name of Gallows Development

the amount of $10,000.00 in the name Corp.

of MidFlorida Industries, Inc. ll. On or about January

5. On or about April 2, 1974, 23, 1975, James M. Neveras approved

the defendant, MURRAY H. MICHAEL, paid a loan by the Trust Company of New

James M. Neveras a sum of $10,000.00 Jersey in the amount of $25,000.00

in the District of New Jersey. in the name of County-Wide Management,

inc.

12. On or about February

25, 1975, James M. Neveras approved a

loan by the Trust Company of New Jersey

in the amount of $15,000.00 in the name

of Ga. Chem., Inc.

13. On or about February

28, 1975, James M. Neveras approved a

al5

loan by the Trust Company of New Jersey

in the amount of $25,000.00 in the name

of Khem-Troll, Inc.

14. On or about February

28, 1975, James M. Neveras approved

a loan by the Trust Company of New Jersey

in the amount of $20,000.00 in the name

of Mi. Chem., Inc.

15. On or about March 19,

1975, James M. Neveras approved a loan

by the Trust Company of New Jersey in

the amount of $15,000.00 in the name

of Orl. Co., Inc.

16. On or about March 19,

1975, James M. Neveras approved a loan

by the Trust Company of New Jersey in

the amount of $25,000.00 in the name

of La. Co., Inc.

17. On or about March 19,

1975, James M. Neveras approved a loan

by the Trust Company of New Jersey in

the amount of $20,000.00 in the name

of Jax. Chem., Inc.

18. On or about April 3,

1975, James M. Neveras approved a loan

by the Trust Company of New Jersey in

the amount of $10,000.00 in the name

of Orl. Co., Inc.

19. On or about April 3,

1975, James M. Neveras approved a loan

by the Trust Company of New Jersey in

the amount of $9,000.00 in the name of

Jax. Chem., Inc.

20. On or about May 16, 1975,

James M. Neveras approved a loan by the

Trust Company of New Jersey in the

amount of $10,000.00 in the name of GA.

Chem., Inc.

21. On or about July 2, 1975,

James M. Neveras approved a loan by the

Trust Company of New Jersey in the

al6

amount of $22,000.00 in the name of Ga.

Chem., Inc.

22. On or about July 11, 1975,

James M. Neveras approved a loan by the

Trust Company of New Jersey in the

amount of $5,000.00 in the name of Mi.

Chem., Inc.

23. On or about December 10,

1975, James M. Neveras approved a loan

by the Trust Company of New Jersey in

the amount of $25,000.00 in the name of

Gallows Development Corp.

24. On or about December 15,

1975, James M. Neveras approved a loan

by the Trust Company of New Jersey in

the amount of $25,000.00 in the name

of County-Wide Management, Inc.

25. On or about March 24,

1976, James M. Neveras approved a loan

by the Trust Company of New Jersey in

the amount of $48,000.00 in the name of

Mid-State Management, Inc.

26. On or about March 25,

1976, James M. Neveras approved a loan

by the Trust Company of New Jersey in

the amount of $48,000.00 in the name

of Mar. Co., Inc.

27. On or about March 26,

1976, James M. Neveras approved a loan

by the Trust Company of New Jersey in

the amount of $45,000.00 in the name

of Osceola Management, Inc.

28. On or about July 9,

1976, James M. Neveras approved a loan

by the Trust Company of New Jersey in

the amount of $20,000.00 in the name

of Mid-Florida Industries, Inc.

All of the foregoing in vio-

lation of Title 18, United States Code,

Section 271.

al7

COUNT 2

1. Paragraphs 1 through 8 of

Count 1 of this Indictment are hereby

realleged and incorporated as though

set forth in full herein.

2. On or about January 29,

1974, in the District of New Jersey and

elsewhere, the defendant,

MURRAY H. MICHAEL

together with the unindicted co-con/

Spirator James M. Neveras and others,

did wilfully misapply and cause to be

misapplied monies, funds and credits of

the Trust Company of New Jersey in the

amount of $100,000.00, with the intent

to injure and defraud said bank, by

causing the unindicted co-conspirator

James M. Neveras to grant an unsecured

loan in the amount of $100,000.00 from

said bank to MURRAY H. MICHAEL in reck-

less disregard of the interests of the

Trust Company of New Jersey as follows:

a. By causing the unindicted

co-conspirator James M. Neveras to grant

the aforementioned loan in contravention

of the established loan policies of the

Trust Company of New Jersey; and

b. By causing the unindicted

co-conspirator James M. Neveras to

approve the aforementioned loan without

securing adequate finanacial background

information of the defendant that would

be sufficient to assure that the defen-

dant, MURRAY H. MICHAEL was financially

capable of repaying the aforementioned

loan; and

c. By causing the unindicted

co-conspirator, James M. Neveras, to

approve the aforementioned loan without

requiring adequate collateral to secure

al8

said loan; and

d. By paying the unindicted

co-conspirator, James M. Neveras, a

$10,000.00 kickback in exchange for the

unindicted co-conspirator James M.

Neveras approving the aforementioned

loan.

All in violation of Title 18,

United States Code, Sections 656 and 2.

COUNT 3

l. Paragraphs 1 through 8 of

Count 1 of this Indictment are hereby

realleged and incorporated as though set

forth in full herein.

2. On or about April 2, 1974,

in the District of New Jersey and else-

where, the defendant,

MURRAY H. MICHAEL

together with the unindicted co-conspir/

ator James M. Neveras and others, did

wilfully misapply and cause to be mis-

applied monies, funds and credits of the

Trust Company of New Jersey in the amount

of $100,000.00, with the intent to injure

and defraud said bank, by causing the

unindicted co-conspirator James M. Neveras

to grant an unsecured loan in the amount

of $100,000.00 from said bank to Mid-

Florida Industries, Inc. in reckless

disregard of the interest of the Trust

Company of New Jersey as follows:

a. By causing the unindicted

co-conspirator James M. Neveras to grant

the aforementioned loan to a sham or

dummy company, Mid-Florida Industries,

Inc., the proceeds of which were for the

benefit and use of the defendant, MURRAY

H. MICHAEL; and

b. By causing the unindicted

al9

co-conspirator James M. Neveras to

approve the aforementioned loan without

securing adequate financial background

information on the sham or dummy com-

pany suffient to assure that the afore-

mentioned sham or dummy company was

financially capable of repaying said

loan; and

c. By causing the unindicted

co-conspirator, James M. Neveras, to

conceal from the bank and the Board of

Directors the identity of the defendant,

MURRAY H. MICHAEL, as the real benefi-

ciary of the aforementioned loan, in

contravention of the established loan

policies of the Trust Company of New

Jersey; and

d. By causing the unindicted

co-conspirator, James M. Neveras, to

approve the aforementioned loan without

requiring adequate collateral to secure

said loan; and

e. The aforementioned sham

or dummy company, as the defendant,

MURRAY H. MICHAEL, well knew, was finan-

cially incapable of repaying the afore-

mentioned loan; and

f. By paying the unindicted

co-conspirator James M. Neveras a

$10,000.00 kickback in exchange for the

unindicted co-conspirator James M.

Neveras approving the aforementioned

loan.

All in violation of Title 18,

United States Code, Sections 656 and 2.

COUNT 4

1. Paragraphs 1 through 8 of

Count 1 of this Indictment are hereby

realleged and incorporated as though set

forth in full herein.

a20

2. On or about April 25, 1974,

in the District of New Jersey and else-

where, the defendant,

MURRAY H. MICHAEL

together with the unindicted co-conspir/

ator James M. Neveras and others, did

wilfully misapply and cause to be mis-

applied monies, funds and credits of the

Trust Company of New Jersey in the amount

of $100,000.00, with the intent to injure

and defraud said bank, by causing the un-

indicted co-conspirator James M. Neveras

to grant an unsecured loan in the amount

of $100,000.00 from said bank to Three M

Investments, Inc., in reckless disregard

of the interests of the Trust Company of

New Jersey as follows:

a. By causing the unindicted

co-conspirator James M. Neveras to grant

the aforementioned loan to a sham or

dummy company, Three M Investments, Inc.,

the proceeds of which were for the bene-

fit and use of the defendant, MURRAY H.

MICHAEL; and

b. By causing the unindicted

co-conspirator James M. Neveras to

approve the aforementioned loan without

securing adequate financial background

information on the sham or dummy company

sufficient to assure that the aforemen-

tioned sham or dummy company was finan-

cially capable of repaying said loan; and

c. By causing the unindicted

co-conspirator, James M. Neveras, to

conceal from the bank and the Board of

Directors the identity of the defendant,

MURRAY H. MICHAEL, as the real benefi-

ciary of the aforementioned loan, in con-

travention of the established loan poli-

cies of the Trust Company of New Jersey;

and

a2l

d. By causing the unindicted

co-conspirator, James M. Neveras, to

approve the aforementioned loan without

requiring adequate collateral to secure

said loan; and

e. The aforementioned sham or

dummy company, as the defendant, MURRAY

H. MICHAEL, well knew, was financially

incapable of repaying the aforementioned

loan; and

f. By paying the unindicted

co-consipirator James M. Neveras a

$10,000.00 kickback in exchange for the

unindicted co-conspirator James M.

Neverass approving the aforementioned

loan.

All in violation of Title 18,

United States Code, Sections 656 and 2.

rend onli

a22

COUNT 5

1. Paragraphs 1 through 8 of

Count of of this Indictment are hereby

realieged and incorporated as though set

forth in full herein.

2. On or about October 29,

1974, in the District of New Jersey and

elsewhere, the defendant,

MURRAY H. MICHAEL

together with the unindicted co-conspir/

ator and others, did wilfully misapply

and cause to be misapplied monies, funds

and credits of the Trust Company of New

Jersey in the amount of $50,000, with

the intent to injure and defraud said

bank, by causing the unindicted co-con/

Spirator James M. Neveras to grant an un-

secured loan in the amount of $50,000.00

from said bank to Maxim One Limited, in

reckless disregard of the interests of

the Trust Company of New Jersey as fol-

lows:

a23

a. By causing the unindicted

co-spirator James M. Neveras to grant

the aforementioned loan to a sham or

dummy company, Maximum One Limited, the

proceeds of which were for the benefit

and use of the defendant, MURRAY H.

MICHAEL; and

b. By cuasing the unindicted

co-conspirator James M. Neveras to

approve the aforementioned loan without

securing adequate financial background

information on the sham or dummy company

sufficient to assure that the aforemen-

tioned sham or dummy company was finan-

cially capable of repaying said loan;

and

c. By causing the unindicted

co-conspirator, James M. Neveras, to

conceal from the bank and the Board of

Directors the identity of the defendant,

MURRAY H. MICHAEL, as the real benefi-

ciary of the aforementioned loan, in con-

travention of the established loan poli-

cies of the Trust Company of New Jersey;

and

d. By causing the unindicted

co-conspirator, James M. Neveras, to ap-

prove the aforementioned loan without

requiring adequate collateral to secure

said loan; and

e. The aforementioned sham or

dummy company, as the defendant, MURRAY H.

MICHAEL, well knew, was financially in-

capable of repaying the aforementioned

loan.

All in violation of Title 18,

United States Code, Sections 656 and 2.

a24

COUNT 6

1. Paragraphs 1 through 8 of

Count 1 of this Indictment are hereby

realleged and incorporated as though set

forth in full herein.

2. On or about January 23,

1975, in the District of New Jersey and

elsewhere, the defendant,

MURRAY H. MICHAEL

together with the unindicted co-conspir/

ator James M. Neveras and others, did

wilfully misapply and cause to be mis-

applied monies, funds and credits of the

Trust Company of New Jersey in the amount

of $25,000.00, with the intent to injure

and defraud said bank, by causing the un-

indicted co-conspirator James M. Neveras

to grant an unsecured loan in the amount

of $25,000.00 from said bank to County-

Wide Management, Inc., in reckless dis-

regard of the interests of the Trust

Company of New Jersey as follows:

a. By causing the unindicted

co-conspirator James M. Neveras to grant

the aforementioned loan to a sham or

dummy company, County Wide Management,

Inc., the proceeds of which were for

the benefit and use of the defendant,

MURRAY H. MICHAEL; and

b. By causing the unindicted

co-conspirator James M. Neveras to ap-

prove the aforementioned loan without

securing adequate financial background

information on the sham or dummy company

sufficient to assure that the aforemen-

tioned sham or dummy company was finan-

cially capable of repaying said loan;

and

c. By causing the unindicted

co-conspirator, James M. Neveras, to

conceal from the bank and the Board of

a25

Directors the identity of the defendant,

MURRAY H. MICHAEL, as the real benefi-

Ciliary of the aforementioned loan, in con-

travention of the established loan poli-

cies of the Trust Company of New Jersey;

and

d. By causing the unindicted

co-conspirator, James M. Neveras, to ap-

prove the aforementioned loan without

requiring adequate collateral to secure

said loan; and

e. The aforementioned sham or

dummy company, as the defendant, MURRAY H.

MICHAEL, well knew, was financially in-

capable of repaying the aforementioned

loan.

All in violation of Title 18,

United States Code, Sections 656 and 2.

a26

COUNT 7

1. Paragraphs 1 through 8

of Count 1 of this Indictment are

hereby realleged and incorporated as

though set forth in full herein.

2. On or about February 25,

1975, in the District of New Jersey and

elsewhere, the defendant,

MURRAY H. MICHAEL

together with the unindicted co-conspir/

ator James M. Neveras and others, did

wilfully misapply and cause to be mis-

applied monies, funds and credits of the

Trust Company of New Jersey in the

amount of $15,000.00, with the intent to

injure and defraud said bank, by causing

the unindicted co-conspirator James M.

Neveras to grant an unsecured loan in

the amount of $15,000.00 from said bank

to GA. Chem., Inc., in reckless disre-

gard of the interests of the Trust

a27

Company Of New Jersey as follows:

a. By causing the unindicted

co-conspirator James M. Neveras to

grant the aforementioned loan to a sham

or dummy company, GA. Chem., Inc., the

proceeds of which were for the benefit

and use of the defendant, MURRAY H.

MICHAEL; and

b. By causing the unindicted

co-conspirator James M. Neveras to ap-

prove the aforementioned loan without

securing adequate financial background

information on the sham or dummy company

sufficient to assure that the aforemen-

tioned sham or dummy company was finan-

cially capable of repaying said loan;

and

c. By causing the unindicted

co-conspirator, James M. Neveras, to

conceal from the bank and the Board of

Directors the identity of the defendant,

MURRAY H. MICHAEL, as the real benefi-

ciary of the aforementioned loan, in con-

travention of the established loan poli-

cies of the Trust Company of New Jersey;

and

d. By causing the unindicted

co-conspirator, James M. Neveras, to ap-

prove the aforementioned loan without

requiring adequate collateral to secure

said loan; and

e. The aforementioned sham or

dummy company, as the defendant, MURRAY H.

MICHAEL, well knew, was financially in-

capable of repaying the aforementioned

loan.

All in violation of Title 18,

United States Code, Sections 656 and 2.

a28

COUNT 8

1. Paragraphs 1 through 8 of

Count 1 of this Indictment are hereby

realleged and incorporated as though

set forth in full herein.

2. On or about February 28,

1975, in the District of New Jersey and

elsewhere, the defendant,

MURRAY H. MICHAEL

together with the unindicted co-conspir/

ator James M. Neveras and others, did

wilfully misapply and cuase to be mis-

applied monies, funds and credits of

the Trust Company of New Jersey in the

amount of $25,000.00, with the intent

to injure and defraud said bank, by

causing the unindicted co-conspirator

James M. Neveras to grant an unsecured

loan in the amount of $25,000.00 from

said bank to Khem Troll, Inc., in reck-

less disregard of the interests of the

Trust Company of New Jersey as follows:

a. By causing the unindicted

co-conspirator James M. Neveras to grant

the aforementioned loan to a sham or

dummy company, Khem-Troll, Inc., the

proceeds of which were for the benefit

and use of the defendant, MURRAY H.

MICHAEL; and

b. By causing the unindicted

co-conspirator James M. Neveras to ap-

prove the aforementioned loan without

securing adequate financial background

information on the sham or dummy company

sufficient to assure that the aforemen-

tioned sham or dummy company was finan-

cially capable of repaying said loan;

and

c. By causing the unindicted

co-conspirator, James M. Neveras, to

conceal from the bank and the Board of

a29

Directors the identity of the defendant,

MURRAY H. MICHAEL, as the real benefi-

Ciary of the aforementioned loan, in con-

travention of the established loan poli-

cies of the Trust Company of New Jersey;

and

dad. By causing the unindicted

co-conspirator, James M. Neveras, to ap-

prove the aforementioned loan without

requiring adequate collateral to secure

said loan; and

e. The aforementioned sham or

dummy company, as the defendant, MURRAY

H. MICHAEL, well knew, was financially

incapable of repaying the aforementioned

laon.

All in violation of Title 18,

United States Code, Sections 656 and 2.

a30

COUNT 9

1. Paragraphs 1 through 8

of Count 1 of this Indictment are

hereby realleged and incorporated as

though set forth in full herein.

2. On or about February 28,

1975, in the District of New Jersey and

elsewhere, the defendant,

MURRAY H. MICHAEL

together with the unindicted co-conspir/

ator James M. Neveras and others, did

wilfully misapply and cause to be mis-

applied monies, funds and credits of the

Trust Company of New Jersey in the

amount of $20,000.00, with the intent to

injure and defraud said bank, by causing

the unindicted co-conspirator James M.

Neveras to grant an unsecured loan in

the amount of $20,000.00 from said bank

to MI Chem., Inc., in reckless disre-

gard of the interests of the Trust

a2l

Company of New Jersey as follows:

a. By causing the unindicted

co-conspirator James M. Neveras to

grant the aforementioned loan to a sham

or dummy company, MI Chem., Inc., the

proceeds of which were for the benefit

and use of the defendant, MURRAY H.

MICHAEL: and

b. By causing the unindicted

co-conspirator James M. Neveras to ap-

prove the aforementioned loan without

securing adequate financial background

information on the sham or dummy company

sufficient to assure that the aforemen-

tioned sham or dummy company was finan-

cially capable of repaying said loan;

and

c. By causing the unindicted

co-conspirator, James M. Neveras, to

conceal from the bank and the Board of

Directors the identity of the defendant,

MURRAY H. MICHAEL, as the real benefi-

ciary of the aforementioned loan, in con-

travention of the established loan poli-

cies of the Trust Company of New Jersey;

and

d. By causing the unindicted

co-conspirator, James M. Neveras, to ap-

prove the aforementioned loan without

requiring adequate collateral to secure

said loan; and

e. The aforementioned sham or

dummy company, as the defendant, MURRAY H.

MICHAEL, well knew, was financially in-

capable of repaying the aforementioned

loan.

All in violation of Title 18,

United States Code, Sections 656 and 2.

a32

COUNT 10

1. Paragraphs 1 through 8

of Count 1 of this Indictment are

hereby realleged and incorporated as

though set forth in full herein.

2. On or about March 19,

1975, in the District of New Jersey and

elsewhere, the defendant,

MURRAY H. MICHAEL

together with the unindicted co-conspir/

ator James M. Neveras and others, did

wilfully misapply and cause to be mis-

applied monies, funds and credits of the

Trust Company of New Jersey in the

amount of $15,000.00, with the intent to

injure and defraud said bank, by causing

the unindicted co-conspirator James M.

Neveras to grant an unsecured loan in

the amount of $15,000.00 from said bank

to ORL COMPANY, INC. in reckless disre-

gard of the interests of the Trust

eer of New Jersey as follows:

a. By causing the unindicted

co-conspirator James M. Neveras to

grant the aforementioned loan to a sham

or dummy company, ORL Company, Inc., the

proceeds of which were for the benefit

and use of the defendant, MURRAY H.

MICHAEL: and

b. By causing the unindicted

co-conspirator James M. Neveras to ap-

prove the aforementioned loan without

securing adequate financial background

information on the sham or dummy company

sufficient to assure that the aforemen-

tioned sham or dummy company was finan-

cially capable of repaying said loan;

and

c. By causing the unindicted

co-conspirator, James M. Neveras, to

a33

conceal from the bank and the Board of

Directors the identity of the defendant,

MURRAY H. MICHAEL, as the real benefi-

Ciary of the aforementioned loan, in con-

travention of the established loan poli-

cies of the Trust Company of New Jersey;

and

dad. By causing the unindicted

co-conspirator, James M. Neveras, to ap-

prove the aforementioned loan without

requiring adequate collateral to secure

said loan; and

e. The aforementioned sham or

dummy company, as the defendant, MURRAY H.

MICHAEL, well knew, was financially in-

capable of repaying the aforementioned

loan.

All in violation of Title 18,

United States Code, Sections 656 and 2.

a34

COUNT ll

1. Paragraphs 1 through 8

of Count 1 of this Indictment are

hereby realleged and incorporated as

though set forth in full herein.

2. On or about March 19,

1975, in the District of New Jersey and

elsewhere, the defendant,

MURRAY H. MICHAEL

together with the unindicted co-conspir/

ator James M. Neveras and others, did

wilfully misapply and cause to be mis-

applied monies, funds and credits of the

Trust Company of New Jersey in the

amount of $25,000.00, with the intent to

injure and defraud said bank, by causing

the unindicted co-conspirator James M.

Neveras to grant an unsecured loan in

the amount of $25,000.00 from said bank

a35

to LA. Co. Inc.in reckless disre-

gard of the interests of the Trust

Company of New Jersey as follows:

a. By causing the unindicted

co-conspirator James M. Neveras to

grant the aforementioned loan to a sham

or dummy company, LA.Co. Inc., the

proceeds of which were for the benefit

and use of the defendant, MURRAY H.

MICHAEL: and

b. By causing the unindicted

co-conspirator James M. Neveras to ap-

prove the aforementioned loan without

securing adequate financial background

information on the sham or dummy company

sufficient to assure that the aforemen-

tioned sham or dummy company was finan-

Cially capable of repaying said loan;

and

c. By causing the unindicted

co-conspirator, James M. Neveras, to

conceal from the bank and the Board of

Directors the identity of the defendant,

MURRAY H. MICHAEL, as the real benefi-

ciary of the aforementioned loan, in con-

travention of the established loan poli-

cies of the Trust Company of New Jersey;

and

d. By causing the unindicted

co-conspirator, James M. Neveras, to ap-

prove the aforementioned loan without

requiring adequate collateral to secure

said loan; and

e. The aforementioned shar cr

dummy company, as the defendant, MURRAY H.

MICHAEL, well knew, was financially in-

capable of repaying the aforementioned

loan.

All in violation of Title 18,

United States Code, Sections 656 and 2.

cee ere |

a36

COUNT 12

1. Paragraphs 1 through 8

of Count 1 of this Indictment are

hereby realleged and incorporated as

though set forth in full herein.

2. On or about March 19,

1975, in the District of New Jersey and

elsewhere, the defendant,

MURRAY H. MICHAEL

together with the unindicted co-conspir/

ator James M. Neveras and others, did

wilfully misapply and cause to be mis-

applied monies, funds and credits of the

Trust Company of New Jersey in the

amount of $20,000.00, with the intent to

injure and defraud said bank, by causing

the unindicted co-conspirator James M.

Neveras to grant an unsecured loan in

the amount of $20,000.00 from said bank

to JAX Chem., Inc., in reckless disre-

gard of the interests of the Trust

Company of New Jersey as follows:

a. By causing the unindicted

co-conspirator James M. Neveras to

grant the aforementioned loan to a sham

or dummy company, JAX Chem., Inc. the

proceeds of which were for the benefit

and use of the defendant, MURRAY H.

MICHAEL; and

b. By causing the unindicted

co-conspirator James M. Neveras to ap-

prove the aforementioned loan without

securing adequate financial background

information on the sham or dummy company

sufficient to assure that the aforemen-

tioned sham or dummy company was finan-

cially capable of repaying said loan;

and

c. By causing the unindicted

co-conspirator, James M. Neveras, to

conceal from the bank and the Board of

iil lial

a37

Directors the identity of the defendant,

MURRAY H. MICHAEL, as the real benefi-

Clary of the aforementioned loan, in con-

travention of the established loan poli-

cies of the Trust Company of New Jersey;

and |

d. By causing the unindicted

co-conspirator, James M. Neveras, to ap-

prove the aforementioned loan without

requiring adequate collateral to secure

said loan; and

e. The aforementioned sham or

dummy company, as the defendant, MURRAY H.

MICHAEL, well knew, was financially in-

capable of repaying the aforementioned

loan.

All in violation of Title 18,

United States Code, Sections 656 and 2.

a38

COUNT 14

1. Paragraphs 1 through 8

of Count 1 of this Indictment are

hereby realleged and incorporated as

though set forth in full herein.

2. On or about April 3,

1975, in the District of New Jersey and

elsewhere, the defendant,

MURRAY H. MICHAEL

together with the unindicted co-conspir/

ator James M. Neveras and others, did

wilfully misapply and cause to be mis-

applied monies, funds and credits of the

Trust Company of New Jersey in the

amount of $10,000.00, with the intent to

injure and defraud said bank, by causing

the unindicted co-conspirator James M.

Neveras to grant an unsecured loan in

the amount of $10,000.00 from said bank

to ORL Co., Inc., in reckless disre-

gard of the interests of the Trust

a39

Company of New Jersey as follows:

a. By causing the unindicted

co-conspirator James M. Neveras to

grant the aforementioned loan to a sham

or dummy company, ORL. Co., Inc., the

proceeds of which were for the benefit

and use of the defendant, MURRAY H.

MICHAEL; and

b. By causing the unindicted

co-conspirator James M. Neveras to ap-

prove the aforementioned loan without

securing adequate financial background

information on the sham or dummy company

sufficient to assure that the aforemen-

tioned sham or dummy company was finan-

cially capable of repaying said loan;

and

c. By causing the unindicted

co-conspirator, James M. Neveras, to

conceal from the bank and the Board of

Directors the identity of the defendant,

MURRAY H. MICHAEL, as the real benefi-

ciary of the aforementioned loan, in con-

travention of the established loan poli-

cies of the Trust Company of New Jersey;

and

dad. By causing the unindicted

co-conspirator, James M. Neveras, tO ap-

prove the aforementioned loan without

requiring adequate collateral to secure

said loan; and

e. The aforementioned sham or

dummy company, as the defendant, MURRAY H.

MICHAEL, well knew, was financially in-

capable of repaying the aforementioned

loan.

All in violation of Title 18,

United States Code, Sections 656 and 2.

alah nna

a40

COUNT 14

1. Paragraphs 1 through 8

of Count 1 of this Indictment are

hereby realleged and incorporated as

though set forth in full herein.

2. On or about April 3,

1975, in the District of New Jersey and

elsewhere, the defendant,

MURRAY H. MICHAEL

together with the unindicted co-conspir/

ator James M. Neveras and others, did

wilfully misapply and cause to be mis-

applied monies, funds and credits of the

Trust Company of New Jersey in the

amount of $5,000.00, with the intent to

injure and defraud said bank, by causing

the unindicted co-conspirator James M.

Neveras to grant an unsecured loan in

the amount of $5,000.00 from said bank

to JAX Chem., Inc., in reckless disre-

gard of the interests of the Trust

Company of New Jersey as follows:

a. By causing the unindicted

co-conspirator James M. Neveras to

grant the aforementioned loan to a sham

or dummy company, JAX Chem, Inc., the

proceeds of which were for the benefit

and use of the defendant, MURRAY H.

MICHAEL; and

b. By causing the unindicted

co-conspirator James M. Neveras to ap-

prove the aforementioned loan without

securing adequate financial background

information on the sham or dummy company

sufficient to assure that the aforemen-

tioned sham or dummy company was finan-

cially capable of repaying said loan;

and

c. By causing the unindicted

co-conspirator, James M. Neveras, to

a4]

conceal from the bank and the Board of

Directors the identity of the defendant,

MURRAY H. MICHAEL, as the real benefi-

ciary of the aforementioned loan, in con-

travention of the established loan poli-

cies of the Trust Company of New Jersey;

and

ad. By causing the unindicted

co-conspirator, James M. Neveras, to ap-

prove the aforementioned loan without

requiring adequate collateral to secure

said loan; and

e. The aforementioned sham or

dummy company, as the defendant, MURRAY H.

MICHAEL, well knew, was financially in-

capable of repaying the aforementioned

loan.

All in violation of Title 18,

United States Code, Sections 656 and 2.

COUNT 15

1. Paragraphs 1 through 8 of

Count 1 of this Indictment are hereby

realleged and incorpaqrated as though set

forth in full herein.

2. On or about February 8,

1974, the defendant

MURRAY H. MICHAEL

did wilfully travel from the State of

Florida to the State of New Jersey, with

intent to promote, manage, carry on, and

facilitate the promoting, managing, es-

tablishing and carrying on of an unlaw-

ful activity, said unlawful activity

being the crime of bribery, in violation

of the laws of the State of New Jersey

(N.J.S.A. §82A:911) and of the United

States (Title 18, United States Code,

Section 215); the said unlawful activity

relating to the efforts of the defendant,

a42

MURRAY H. MICHAEL, to influence the

unindicted co-conspirator James M.

Neveras, in the performance of his duties

at the Trust Company of New Jersey, and

thereafter did perform and attempt to

perform acts to promote, manage, and

carry on and facilitate the promotion,

management and carrying on of said unlaw-

ful activity, by giving the unindicted

co-conspirator James M. Neveras, the sum

of $10,000.00 as a fee, commission and

bonus, for the purpose of procuring a

loan in the amount of $100,000.00 for the

defendant, MURRAY H. MICHAEL, from said

Bank, in the name of Murray H. Michael.

In violation of Title 18, United

States Code, Sections 1952 and 2.

COUNT 16

1. Paragraphs 1 through 8 of

Count 1 of this Indictment are hereby

realleged and incorporated as though set

forth in full herein.

2. On or about April 2, 1974,

the defendant

MURRAY H. MICHAEL

did wilfully travel from the State of

Florida to the State of New Jersey, with

intent to promote, manage, carry on, and

facilitate the promoting, managing, es-

tablishing and carrying on of an unlaw-

ful activity, said unlawful activity

being the crime of bribery, in violation

of the laws fofthe State of New Jersey

(N.J.S.A. 8$2A:911) and of the United

States (Title 18, United States Code,

Section 215); the said unlawful activity

relating to the efforts of the defendant,

MURRAY H. MICHAEL, to influence the

unindicted co-conspirator James M.

a43

Neveras, in the performance of his duties ‘

at the Trust Company of New Jersey, and

thereafter did perform and attempt to

perform acts to promote, manage, and

carry on and facilitate the promotion,

management and carrying on of said unlaw-

ful activity, by giving the unindicted

co-conspirator James M. Neveras, the sum

of $10,000.00 as a fee, commission and

bonus, for the purpose of procuring a

loan in the amount of $100,000.00 for the

defendant, MURRAY H. MICHAEL, from said

Bank, in the name of Mid-Florida Indus-

tries, Inc.

In violation of Title 18, United

States Code, Sections 1952 and 2.

COUNT 17 q

1. Paragraphs 1 through 8 of e

Count 1 of this Indictment are hereby ‘

realleged and incorporated as though set

forth in full herein.

2. On or about April 25, 1974,

the defendant

MURRAY H. MICHAEL

did wilfully travel from the State of

Florida to the State of New Jersey, with

intent to promote, manage, carry on, and

facilitate the promoting, managing, es-

tablishing and carrying on of an unlaw-

ful activity, said unlawful activity

being the crime of bribery, in violation

of the laws fofthe State of New Jersey

(N.J.S.A. 82A:911) and of the United

States (Title 18, United States Code,

Section 215); the said unlawful activity

relating to the efforts of the defendant,

MURRAY H. MICHAEL, to influence the i

unindicted co-conspirator James M.

Neveras, in the performance of his duties

a44

at the Trust Company of New Jersey, and

thereafter did perform and attempt to

perform acts to promote, manage, and

carry on and facilitate the promotion,

management and carrying on of said unlaw-

ful activity, by giving the unindicted

co-conspirator James M. Neveras, the sum

of $10,000.00 as a fee, commission and

bonus, for the purpose of procuring a

loan in the amount of $100,000.00 for the

defendant, MURRAY H. MICHAEL, from said

Bank, in the name of Three M. Investments,

Inc.

In violation of Title 18, United

States Code, Sections 1952 and 2.

A TRUE BILL

FOREMAN

ROBERT J. DEL TUFO

UNITED STATES ATTORNEY

a45

REQUEST NO. 15

If you find that the conspir-

acy alleged in Count 1 has been proven,

and you find that in furtherance of

that conspiracy any c0-conspirator com-

mitted one or more of the substantive

crimes charged in Counts 4 through %.,,

then you may find the Defendant, Murray

H. Michael, guilty of those substantive

crimes even if he did not commit them

directly. This is so because a con-

spiracy can be viewed as a partnership

in crime and each partner is responsi-

ble for the crimainal acts of his co-

conspirators which were committed in

furtherance of the conspiracy.

Pinkerton v. United States,

328 U. S. 640 (1946).

v4 Sk calc i = des al

a46

(Jury enters courtroom at 5:02 p.m.)

THE CLERK: May I proceed, your Honor?

THE COURT: Yes, if you will please.

THE CLERK: I will take the roll call.

Respond to your name as being "here' or

"present".

(At which time the clerk called

the roll of the jury and all were

present.)

THE CLERK: Members of the jury, have

you agreed upon a unanimous verdict?

Who shall speak for you, your fore-

person?

MRS. PERRONG: Yes, we have.

THE CLERK: Mrs. Perrong?

MRS. PERRONG: Yes, we have.

THE CLERK: Please stand.

How say you, do you find the defendant

guilty or not guilty as he stands

charged on Count 1?

MRS. PERRONG: Guilty.

Your Honor, we have found the defendant

guilt on all seventeen charges.

THE COURT: All right, thank you very

much, madam forelady.

MR. FORER: I ask that the jury be

polled, your Honor.

THE COURT: They will be.

°<

a47

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this

day of , 1979, copies

of this Appendix to Petition for Writ

of Certiorari were mailed, air mail,

postage prepaid to the Solicitor General

Department of Justice, Washington, D.C.

20530. I further certify that all

parties required to be served have been

served.

MURRAY H. MICHAEL

P.O. Box 1137

Kissimmee, Florida 32741

Telephone: (305) 423-2934

Petitioner