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United States v. Regent Office Supply Co.

421 F.2d 1174 (2d Cir. 1970)

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United States v. Regent Office Supply Co.

United States Court of Appeals for the Second Circuit

421 F.2d 1174 (2d Cir. 1970)

Facts

Regent Office Supply Company (Regent) (defendant) employed salesmen to sell stationery supplies. The salesmen made false representations to potential customers. The representations included lies about sources of referrals and reasons the stationery was to be disposed of at a discount. No misrepresentations were made about the quality of the products, the benefits and performance of the products, or the prices to be paid for the products. Regent claimed the misrepresentations were merely to get past gatekeepers on the telephone to speak to a purchasing agent. The trial court found that Regent’s conduct constituted a scheme to defraud even though all of its merchandise was delivered as promised. The court found Regent guilty of mail fraud under 18 U.S.C. § 1341 and imposed minimal fines. Regent appealed to the United States Court for Appeals for the Second Circuit.

Rule of Law

Issue

Holding and Reasoning (Moore, J.)

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