United States v. Walsh

544 F.2d 156
CourtCourt of Appeals for the Fourth Circuit
DecidedOctober 21, 1976
DocketNos. 76-1094 to 76-1096, 76-1100 and 76-1101
StatusPublished
Cited by15 cases

This text of 544 F.2d 156 (United States v. Walsh) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Walsh, 544 F.2d 156 (4th Cir. 1976).

Opinion

FIELD, Senior Circuit Judge:

A Runyonesque gambit at the Bowie Race Track on February 14, 1975, resulted in a very peculiar horse race and a thirteen count indictment by a federal grand jury. Subsequently, the appellants, Walsh,1 Gino, Feliciano and Davidson, all of whom were jockeys at Bowie, were convicted by a jury in the District Court of Maryland of conspiracy to commit sports bribery in violation of 18 U.S.C. §§ 224 and 371 (Count One); interstate transportation in aid of racketeering in violation of 18 U.S.C. § 1952(a)(1) (Counts Five and Six); conspiracy to make fraudulent representations to the Internal Revenue Service in violation of 18 U.S.C. § 371 and 26 U.S.C. § 7206(2) (Count Seven); and fraud by wire in violation of 18 U.S.C. § 1343 (Counts Eight, Nine and Ten). The appellants, Iacona, Summa and Bishop, who were not jockeys but apparently followers of the sport of kings, were also found guilty of the conspiracy in Count Seven of the indictment.

The evidence presented by the Government established the following facts. The four jockey appellants devised a plan to successfully “box” the “Triple” (“Trifecta”) in the ninth race on the day in question. To win the Triple a bettor is required to choose the three horses finishing first, second and third in that race. The stan[158]*158dard Triple ticket, unlike other wagers at the track, costs three dollars. However, for the convenience of patrons the track permits the purchase of a “box” ticket on the Triple at a cost of eighteen dollars which covers the selected three horses regardless of the order of finish. Since a “box” ticket contains all six possible combinations of finish for any three given horses, it necessarily includes only one winning three dollar wager and five losing three dollar wagers.

The jockeys decided to bend their efforts to bring about a winning combination of “2-8-12”, and garnered enough money to purchase thirty-eight “box” tickets on that combination. Having purchased the tickets, the jockeys rode their mounts in the race and the order of finish was “8-12-2”. Accordingly, the jockeys owned thirty-eight of the sixty-two winning eighteen dollar tickets in the betting pool for the Triple. One of the track supervisors noticed that the ratio of winning eighteen dollar tickets was three to one over the number of winning three dollar tickets, and it occurred to him that this was rather strange since the normal ratio was approximately fifty-fifty. The fact that thirty-nine out of the total of sixty-two winning eighteen dollar tickets had been purchased at one window in the clubhouse aroused further suspicions. This circumstance was compounded by the observation of the track stewards who were impressed by the highly irregular manner in which some of the jockeys handled their mounts during the race. A review of the track films confirmed the stewards’ belief that something was amiss, and an investigation of the race was initiated.

Meanwhile the jockeys were attempting to realize the profits from their winning tickets which presented a greater problem than they had anticipated. Luigi Gino sought the assistance of one Heddy Sue May who made an unsuccessful attempt to cash two of his tickets. She testified that Gino informed her that “two guys from Pennsylvania” would be coming in to cash the tickets. The services of these “ten-per-centers” 2 were procured by William Vuotto, an agent of jockey Walsh, who testified that he called the appellant Eddie Bishop from his home in Maryland. He further testified that Bishop who lived in Delaware advised him that he had obtained some individuals to cash the tickets. Iacona and Summa, whose services had been enlisted by Bishop, attempted to redeem the tickets on February 19, 1975, but were unsuccessful. When Iacona attempted to cash the tickets, he told the track officials that he and Summa had pooled their money and purchased the tickets for the, now, infamous ninth race. Frustrated in their attempt to cash the tickets, Iacona and Sum-ma left the ticket windows and were followed by a track detective who observed that their automobile carried a Pennsylvania license tag and obtained the number. The tickets were returned to Bishop, who gave them to Walsh, and Bishop testified that on the following day, February 20th, Walsh told him that the tickets had been destroyed and that he should forget about the entire transaction.

I

The threshold issue on this appeal is whether 18 U.S.C. § 224 applies to a conspiracy among the contestants as opposed to one involving individuals who are not contestants and attempt to bribe those actually involved in the sport. We find nothing in the express language of the statute to indicate that it was intended to apply only to bribery on the part of those who are not participating in the contest. The statute provides, in part:

Whoever carries into effect, attempts to carry into effect, or conspires with any other person to carry into effect any scheme in commerce to influence, in any way, by bribery any sporting contest * * (Emphasis added).

The statutory language does not purport to limit its application, and “[wjhere the pow[159]*159er of Congress is clear, and the language of exercise is broad, we perceive no duty to construe a statute narrowly.” United States v. Erdos, 474 F.2d 157, 160 (4th Cir.), cert. denied, 414 U.S. 876, 94 S.Ct. 42, 38 L.Ed.2d 122 (1973). It occurs to us that a plain reading of the statute indicates that it is designed to encompass bribery schemes originated by participants in a sporting contest as well as those initiated by “outsiders”.

While we recognize that the primary purpose of the legislation was to assist the “Federal Government in the assault on organized crime,” the Legislative History supports the proposition that Section 224 was intended to “include players and officials as well as gamblers and fixers.”3 The Legislative History further indicates that the Congress was of the opinion that the infiltration of sports by organized gambling could be materially inhibited “by punishing any players or officials as well as gamblers who attempt to corrupt * * * for personal gain.” 4 Finally, we note that Section 224 was enacted to remedy the inability of prosecutors to utilize 18 U.S.C. § 1952 to effectively deal with the problem of sports bribery.5

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Bluebook (online)
544 F.2d 156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-walsh-ca4-1976.