United States v. Lewis G. Shryock, 537 F.2d 207 (5th Cir. 1976). · Go Syfert
United States v. Lewis G. Shryock, 537 F.2d 207 (5th Cir. 1976). Cases Citing This Book View Copy Cite
32 citation events (1 in the last 25 years) across 9 distinct courts.
Strongest positive: United States v. Strong (ca5, 2004-05-18)
Treatment trajectory · 1976 → 2026 · click a year to view as-of
1976 2001 2026
Top citers, strongest first. 12 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Strong
5th Cir. · 2004 · confidence medium
That is to say, the Schmuck mailings, while not directly contributing to the “duping of either the retail dealers or the customers,” were nonetheless “incidental to an essential part of the scheme.” Id. (citing United States v. Shryock, 537 F.2d 207, 208-09 (5th Cir.1979) (holding that a local motor vehicle department’s mailing of title applications to state headquarters furthered a dealer’s odometer-tampering scheme)).
discussed Cited as authority (rule) 96 Cal. Daily Op. Serv. 7098, 96 Daily Journal D.A.R. 11,619 United States of America v. Michael David Hubbard, United States of America v. James Ray Lyon
9th Cir. · 1996 · confidence medium
United States v. Shryock, 537 F.2d 207, 209 (5th Cir.1976)(quoting United States v. Maze, 414 U.S. 395, 399 , 94 S.Ct. 645, 647-48 , 38 L.Ed.2d 603 (1974)). 14 A. Mailing "Sufficiently Related to Scheme" 15 Appellants' threshold argument is that there was no "mailing" to bring their conduct within the mail fraud statute.
cited Cited as authority (rule) United States v. Hubbard
9th Cir. · 1996 · confidence medium
United States v. Shryock, 537 F.2d 207, 209 (5th Cir.1976)(quoting United States v. Maze, 414 U.S. 395, 399 , 94 S.Ct. 645, 647-48 , 38 L.Ed.2d 603 (1974)).
cited Cited as authority (rule) United States v. Samuel Duncan, Jr., Grace Duncan, Gay Nell Duncan, Marshall Sutton, Angela F. Turner, Arthur D. Wilson, and Oscar L. Wilson
5th Cir. · 1991 · confidence medium
Pereira, 347 U.S. at 8-9 , 74 S.Ct. at 363 ; United States v. Shryock, 537 F.2d 207, 209 (5th Cir.1976), cert. denied, 429 U.S. 1100 , 97 S.Ct. 1123 , 51 L.Ed.2d 549 (1977).
discussed Cited as authority (rule) Schmuck v. United States (2×)
SCOTUS · 1989 · signal: cf. · confidence medium
See, e. g., United States v. Locklear, 829 F. 2d 1314, 1318-1319 (CA4 1987) (retail customers obtaining title documents through the mail furthers execution of wholesaler’s odometer tampering scheme); United States v. Galloway, 664 F. 2d 161, 163-165 (CA7 1981) (same), cert. denied, 456 U. S. 1006 (1982); cf. United States v. Shryock, 537 F. 2d 207, 208-209 (CA5 1976) (local motor vehicle department’s mailing of title applications to state headquarters furthers retailer’s odometer-tampering scheme), cert. denied, 429 U. S. 1100 (1977).
discussed Cited as authority (rule) United States v. J. Clenton Henson (87-5132) Sheila Henson Lutz (87-5138) & C. Alan Henson (87-5144)
6th Cir. · 1988 · confidence medium
The defendants argue that none of the alleged coconspirators actually used the mails, nor did they have “actual knowledge that the Bank of Marshall County was using the mails to send cashier’s checks.” On this record, however, the jury was entitled to conclude otherwise. “[0]ne ‘causes’ the mails to be used if he ‘does an act with knowledge that the use of the mails will follow in the ordinary course of business, or where such use can reasonably be for-seen,’ even though use of the mails was not actually intended.” United States v. Shryock, 537 F.2d 207, 209 (5th Cir.1976) (q…
discussed Cited as authority (rule) United States v. James Terrell Knight and A. C. Brown, A/K/A Cadillac
5th Cir. · 1980 · confidence medium
It is well settled that use of the mails will support a mail fraud conviction if it is “incident to an essential part of the scheme.” Pereira v. United States, supra, 347 U.S. at 8 , 74 S.Ct. at 363 ; United States v. Shryock, 537 F.2d 207, 209 (5th Cir. 1976), cert. denied, 429 U.S. 1100 , 97 S.Ct. 1123 , 51 L.Ed.2d 549 (1977); United States v. Shepherd, 511 F.2d 119, 122 (5th Cir. 1975).
discussed Cited as authority (rule) United States v. Kent
5th Cir. · 1979 · confidence medium
United States v. Shryock, 537 F.2d 207, 209 (5th Cir. 1976), Cert. denied, 429 U.S. 1100 , 97 S.Ct. 1123 , 51 L.Ed.2d 549 (1977); 3 See United States v. Maze, 414 U.S. 395, 399 , 94 S.Ct. 645 , 38 L.Ed.2d 603 (1974). 4 6 In the present case the district court erred in delineating the scope of the alleged fraudulent scheme.
discussed Cited as authority (rule) United States v. Kent
5th Cir. · 1979 · confidence medium
United States v. Shryock, 537 F.2d 207, 209 (5th Cir. 1976), cert. denied, 429 U.S. 1100 , 97 S.Ct. 1123 , 51 L.Ed.2d 549 (1977); 3 see United States v. Maze, 414 U.S. 395, 399 , 94 S.Ct. 645 , 38 L.Ed.2d 603 (1974). 4 In the present case the district court erred in delineating the scope of the alleged fraudulent scheme.
cited Cited as authority (rule) United States v. Ruth Zicree, Harold Kaufman and Fredesvinda Mercedes Gonzalez, United States of America v. Harold Kaufman and Ruth Zicree
5th Cir. · 1979 · confidence medium
United States v. Shryock, 537 F.2d 207, 209 (5 Cir. 1976), cert. denied, 429 U.S. 1100 , 97 S.Ct. 1123 , 51 L.Ed.2d 549 (1977).
discussed Cited "see" United States v. Terry Downs
11th Cir. · 1989 · signal: see · confidence high
See United States v. Shryock, 537 F.2d 207, 209 (5th Cir.1976), cert. denied, 429 U.S. 1100 , 97 S.Ct. 1123 , 51 L.Ed.2d 549 (1977) (transfer of title by mail was a necessary step to a scheme involving the fraudulent alteration of odometers). 2 Therefore, the evidence supported the appellant’s conviction, and the district judge correctly denied the appellant’s motion to dismiss.
discussed Cited "see, e.g." United States v. Dean Lindsey, A/K/A Raymond Dean Lindsey
7th Cir. · 1984 · signal: see also · confidence low
See also United States v. Shryock, 537 F.2d 207 (5th Cir.1976), cert. denied, 429 U.S. 1100 , 97 S.Ct. 1123 , 51 L.Ed.2d 549 (1976) (where sale to retail customer is the final object of a scheme to defraud, mailing of documents of title necessary to complete the sale are made for the purpose of executing the scheme). *438 Finally, Lindsey’s reliance on Parr v. United States, supra, for the proposition that legally compelled mailings cannot form the basis of a mail fraud conviction is misplaced.
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Lewis G. SHRYOCK, Defendant-Appellant
76-1148.
Court of Appeals for the Fifth Circuit.
Aug 20, 1976.
537 F.2d 207
Michael D. Labarbera, Tampa, Fla. (Court-appointed), for defendant-appellant., John L. Briggs, U. S. Atty., Jacksonville, Fla., John E. Lund, Asst. U. S. Atty., Tampa, Fla., for plaintiff-appellee.
Brown, Gewin, Morgan.
Cited by 24 opinions  |  Published
JOHN R. BROWN, Chief Judge:

Lewis Shryock appeals his nonjury conviction [1] of thirty counts of mail fraud, 18 U.S.C.A. § 1341. [2] He claims that (i) the Government failed to establish the critical elements of mail fraud and (ii) the trial court erred in admitting testimony concerning mailings not directly related to the fraudulent scheme for which he was indicted. [3] We find no merit in either contention and therefore affirm.

Shryock was employed as the lease rental manager for Boe Wood Chevrolet in Tampa, Florida. The indictment alleged a scheme whereby thirty persons were induced to purchase previously leased automobiles with altered odometer readings. The pretrial Stipulation stated that (i) the odometers had been “set back” between 2,250 and 25,000 miles (Stipulation 7(c)) and (ii) Shryock was responsible for the set back (Stipulation 8(c)).

At the time of the alterations Florida law required that the owner or transferor and the purchaser of an automobile execute a certificate (DMV Form 88) stating the mileage at the time of transfer and that this certificate be attached to the application for change of title. Fla.Stat. § 319.35(3) & (4) (1970 Supp.). [4] Shryock stipulated that he would fill in and sign the DMV Form 88[*209] and that it was attached to the title application. (Stipulation 9(h)). It was also stipulated that no title would be issued unless the DMV Form 88 accompanied the application for transfer of title. (Stipulation 16). The Record also indicates that the DMV Form 88’s contained the altered mileage and were signed by the purchaser and another employee of Boe Wood in addition to Shryock. The applications and DMV Form 88’s were delivered to the Tampa Division of Motor Vehicles and then sent by mail to the Motor Vehicles Division of the Department of Highway Safety and Motor Vehicles in Tallahassee. The Florida Bureau of Title and Lien Services in Tallahassee mailed the new titles to the purchasers or lienholders.

The elements of mail fraud under § 1341 are (i) a scheme to defraud, and (ii) causing a mailing for the purpose of executing the scheme. United States v. Green, 5 Cir., 1974, 494 F.2d 820, 823, cert. denied, 419 U.S. 1004, 95 S.Ct. 325, 42 L.Ed.2d 280. The Supreme Court, in United States v. Maze, 1974, 414 U.S. 395, 94 S.Ct. 645, 38 L.Ed.2d 603, set out a two-pronged test for meeting the second element which requires that the defendant “cause” the mails to be used and that the mailings be “sufficiently closely related” to the scheme. 414 U.S. at 399, 94 S.Ct. at 647, 38 L.Ed.2d at 608.

To be sufficiently closely related the mailing must be “for the purpose of executing the scheme,” Kann v. United States, 1944, 323 U.S. 88, 94, 65 S.Ct. 148, 150, 89 L.Ed. 88, 95, or “incident to an essential part of the scheme,” Pereira v. United States, 1954, 347 U.S. 1, 8, 74 S.Ct. 358, 362, 98 L.Ed. 435, 444.

There was ample evidence for the District Judge to conclude that Shryock was engaged in a scheme to fraudulently deceive prospective purchasers as to the actual mileage of the previously leased automobiles. Therefore the first element, a scheme to defraud, exists.

As to the second element, Shryock claims that he did not actually mail anything, as Boe Wood delivered the applications and DMV Form 88’s by hand to the Tampa Division of Motor Vehicles and that he did not know that the Tampa office mailed the forms to Tallahassee. As the Supreme Court stated in Pereira, one “causes” the mails to be used if he “does an act with knowledge that the use of the mails will follow in the ordinary course of business, or where such use can reasonably be foreseen,” even though use of the mails was not actually intended. 347 U.S. at 8-9, 74 S.Ct. at 363, 98 L.Ed. at 444; accord United States v. Kenofskey, 1917, 243 U.S. 440, 37 S.Ct. 438, 61 L.Ed. 836. We find no fault with the decision of the trial judge that Shryock, who by his own testimony had been in the new and used car business for thirty years, could “reasonably foresee” that the mails would be used at some point in the transfer of titles from Boe Wood to the purchasers.

The transfer of title is a necessary step in the sales transaction, which was not actually completed until the title papers were processed. Since the title would not be transferred by the State unless the mileage certificate was completed and filed with the application for change of title, the mailing of the DMV Form 88’s was essential to and for the purpose of executing the scheme and sufficiently closely related to it to meet the requirements of Pereira and Maze. See United States v. Shepherd, 5 Cir., 1975, 511 F.2d 119, 121.

AFFIRMED.

1

. The case was tried before the Judge on the basis of a stipulation and testimony by Shryock. R. at 8.’

2

. § 1341. Frauds and swindles

Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined not more than $1,000 or imprisoned not more than five years, or both.
3

. The testimony by Shryock concerning the mailing of warranties to General Motors was clearly admissible as it was not introduced as evidence for the case in chief, but rather for the purpose of impeachment during cross-examination of Shryock.

4

. 319.35 Unlawful acts in connection with motor vehicle odometer readings; penalties.

* * * * * *

[*209] (3) Each owner or transferor under this section shall, at the time of transfer of any motor vehicle by him, and any person applying for a Florida title certificate shall execute a statement which shall include the mileage on the odometer at the time of transfer and this information shall be included on the application for title certificate.

(4) No title certificate shall be issued by the director of the division of motor vehicles on any motor vehicle unless there is filed with the application for title certificate a statement as prescribed in this section.