United States v. Garguilo

Ralph Garguilo and Joseph Macchia (defendants) went to a print shop, where Garguilo took the print-shop owner off to one side, approximately 25 feet from Macchia, and asked if the print-shop owner would like to join Garguilo in a counterfeiting endeavor. The print-shop owner was not interested, and Garguilo and Macchia left. There was no evidence that Macchia talked about counterfeiting or anything else. Later, Garguilo went to a photography studio, where he learned from the studio owner how to develop a picture and make copies. Garguilo went to the photography studio a number of times, and Macchia accompanied him only once or twice. Garguilo borrowed a camera and other photographic equipment from the studio owner. There was no evidence that Macchia witnessed the loan of the equipment or participated in its use. Garguilo continued to go to the photography studio for help with developing negatives of $10 bills. On several occasions, the negatives were burnt in a plate. Secret Service Agents had been watching Garguilo and upon a search of the photography studio, found the $10 bill plates, which bore Garguilo’s fingerprints. Both Garguilo and Macchia were convicted with making a likeness of a $10 bill in violation of 18 U.S.C. § 474. Macchia appealed, claiming there was insufficient evidence to warrant submission to the jury of the case against him as an aider and abettor.