United States v. Socony-Vacuum Oil Co.

23 F. Supp. 531, 1938 U.S. Dist. LEXIS 2222

• Court: District Court, W.D. Wisconsin
• Decided: June 2, 1938
• Docket: 11364
• Status: Published

Opinion

STONE, 'District Judge.

This case is before this Court for disposition upon pleas of nolo contendere entered by some of the defendants in this action, after negotiations over a considerable period of time between the parties.

In the usual criminal case, where criminal intent is the chief element, such negotiations' may be, and perhaps on occasion have been; improper. They carfriot, in any event, conclude the Court. • -

This case, however, lies in a field where the Government might, with equal propriety, have proceeded initially by a civil action in equity; or, as here, by a criminal prosecution, either being an action to enforce penalties for the. violation of a statute. The Court is of the opinion that the' wrong here' complained o'f is not malum in se, but rather malum prohibitum, one peculiarly of an' economic nature and one in which the attainment of a- proper understanding between the parties is of itself a desirable end. '

The suggested disposition of this, case upon a basis which has been discussed between the parties, subject to the approval of the Court, was presented to this Court recently. The Court, especially in the light of the facts developed in the so-called “first” case, from the discussions with counsel for the Government and the defendants, and from a study of this indictment, is familiar with what is here involved.

■Realizing the solemn responsibility of the Court, one which cannot be shared or delegated, I have come to. the conclusion that the disposition of this case, as recommended by the Government, is, under all the circumstances, fair and in the public interest, and one which this Court should and therefore does approve.