United States v. Betty Koran, 453 F.2d 144, 10th Cir. (1972)
United States v. Betty Koran, 453 F.2d 144, 10th Cir. (1972)
2d 144
Two of the coats mentioned in the indictment were conceded to have been
delivered to the FBI by the defendant on or about September 22, 1969, at
Kansas City, Kansas, whereas two of the coats were recovered from one
Edward Egnatic on or about July 2, 1969. Defendant admittedly delivered the
Leopard and Mink coats to Egnatic and received from him the sum of
$1,200.00.2
The undisputed evidence established that the fur coats were stolen by the
The undisputed evidence established that the fur coats were stolen by the
defendant's son-in-law who was then an employee of REA Express at the
airport in Kansas City, Missouri. The theft occurred on June 14, 1969. On that
same day the son-in-law, Ronald Visnosky, delivered the coats to the defendant
at her place of business, the Riverview Nightclub in Kansas City. According to
Visnosky's testimony he had talked previously to defendant about picking up
property of this kind, or diamonds, and delivering it to her. The coats were
placed in the defendant's car while it was parked outside of the Riverview
Nightclub in Kansas City, Kansas, and Visnosky insisted that defendant was
advised that they were in the car. The coats were in a burlap bag which had an
REA tag on the outside. Visnosky testified positively that defendant knew that
the property was stolen as of the time of the delivery.
As previously noted, Koran delivered two of the coats to Egnatic and these
were recovered by the FBI in early July. Significantly, defendant retained
possession or at least control of the other two coats until late in September at
which time, following interrogation of her by the FBI, she delivered the
remaining two coats to the FBI.
At trial the credibility of the son-in-law, Visnosky, was a major issue. The
court did not determine whether Visnosky or the defendant was telling the truth
as to her knowledge of the stolen character of the fur coats. The court held that
apart from Visnosky's testimony the record clearly established that even though
defendant might not have known of the stolen character of the coats at the time
of their delivery to her, she became aware of it subsequently while still in
possession of them and, therefore, that she was guilty of possession with
knowledge that the goods had been stolen.
The main issue raised by defendant is one of law: whether it was necessary for
the government to prove that she had the requisite criminal intent at the time of
the delivery of the property to her.
8 convict the accused on the first count of feloniously retaining the possession of
To
the stolen property, it was not necessary to prove that the accused knew the property
was stolen at the time he received it, it being sufficient to establish that he retained it
knowing of its stolen character. (103 F.2d at 24).3
We are of the opinion that the offense of possession of stolen goods is distinct
from the offense of receiving stolen goods. The statute defines these offenses in
the disjunctive and, therefore, clearly reflects the congressional intent that there
were to be distinct crimes. This construction is reasonable because in instances
similar to the case at bar the long continued possession of goods may well
allow circumstances to give rise to knowledge that the property had been stolen
even though the original receipt of the goods may have been innocent.
10
Defendant's citations are not in point. Generally they point up the principle that
the offense of receiving stolen goods requires proof of guilty knowledge at the
time of the reception. See Wolf v. United States, 290 F. 738 (C.C.A.2, 1923).
Gay v. United States, 408 F.2d 923 (8th Cir. 1969) deals with the offense of
obtaining goods by fraud. Schaffer v. United States, 221 F.2d 17 (5th Cir. 1955)
again emphasizes the necessity generally for proof of guilty knowledge.
11
Finally, defendant urges that the trial court failed to give favorable
consideration to the defendant's character witnesses and was too much
influenced by testimony of the accomplice. This argument fails to recognize
that the basic undisputed circumstances are amply sufficient to establish the
defendant's guilt. Indeed it can be said that the proof is overwhelming and thus
it cannot be said that the trial court abused its discretion in adjudging defendant
guilty.
12
13
approximate value of $1,250.00; and one Black Dyed Swakara Broad Tail
Jacket of the approximate value of $500.00, which had been embezzled, stolen
and unlawfully taken and carried away while in the custody of REA express via
Braniff Air Lines moving in interstate commerce from Tulsa, Oklahoma, to
Kansas City, Missouri, and Edward Joseph Egnatic, Betty Koran and Ronald
Francis Visnosky then knew the said chattels to have been stolen, all in
violation of 18 U.S. [C.]A. 659 and 2." [sic]
2
Her explanation was that this was a loan and not a sale