Fuller v. United States

Appellant’s sole contention here in respect of the insufficiency of the indictment is that the Gold Reserve Act of 1934 prescribes civil penalties only; hence a conspiracy to violate the act is not a conspiracy to commit an offense against the United States, within the meaning of § 37 of the Criminal Code, 18 U.S.C.A. § 88. The majority opinion does not discuss this contention, although it appears inferentially, and I think properly, to reject it.

The act prohibits the acquisition or transportation of gold except under conditions to be prescribed by treasury regulations. It is the rule that a…