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™~ oe a et ome oe eee mee, a re | k U.S. Brent of Inéestigation a -_ Beparhnent of Justice Bashington, B. C. April 27, 1933. rl BUREAU BULLETIN NO. 15, Fiscal Year 1933, Second Series. 7 TO ALL SPECIAL AGENTS IN CHARGE: Unde# date of April 10, 1933, the reme Court handed down ite&pinion in the case of John G.@Darby, formerly an officer. of the Montgomery County National Bank of Rockville, Maryland, goiding that the transcription into aersora of the bank of the forged signature of an“endorser on a“promissory note constitutes agfaise entry, Near the close of that opinion the Court said: "Whether the conclusion would be the same if the signature had been genuine, but the signer had been known to be an insolvent, or a man of straw ‘ (cf. Cooper v. United States, 13 F. (2d) 16; Morse v. United States, supra; United States v. Warn, supra, Billingsley v. United States, supra), there is no occasion to determine. Our decision does not go beyond the limits of the case before us." f In the Cooper case the Court of Appeals held that entries resulting from the discounting of an accommodation note of an insolvent maker Were true entries. The other, cases cited held otherwise. In view of the reyyphoe the Supreme Co and the apparent lack of uniformity in the@decisions cited by gaga Court, it is desired that Special Agents in the future set out theSentries in such cases as false entries so that the question may ultimately be passed upon by the Supreme Court. ; Very truly yours, J. Edgar Hoov ars ~ ab Direct era ; REQORDED Ber Ht OF AVESTIGATION ' & C “4 * a DErawTMENT OF JUSTICE