United States v. James A. Harvey, A/K/A Ray Stewart, A/K/A Joseph R. Stewart

WEBSTER, Circuit Judge.

James Allen Harvey appeals from his conviction by jury of violation of the Wire Fraud Act, 18 U.S.C. § 1343, by use of a device sometimes known as a “blue box”. Such a device circumvents the billing system of telephonic communication carriers and allows a caller to place long distance calls without charge. To utilize a “blue box” device, a caller first completes a long distance call to a toll free telephone number. The device is then operated to emit a 2600 cycle tone which disconnects the completed call and clears the line. The caller may then place a call to any…