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Supreme Court — Part 34
Page 51
51 / 117
No. 653.—Ocroper Term, 1932.
The United States of America, \ On appeal from the Dis-
Appellant, trict Court of the
vs. United States for the
John G. Darby, Appellee. District of Maryland.
[April 10, 1983.)
Mr. Justice Carpozo delivered the opinion of the Court.
The case involves the construction of a statute of the United
States which makes it a crime for an officer or employee of a Fed-
eral reserve bank, or of any member bank, to make any entry in
its books with intent to defraud. R. S. sec. 5209 as amended by
the Act of September 26, 1918, ¢. 177, sec. 7; 40 Stat. 972; 12
U. 8. Code, see, 592.*
An indictment in sixteen counts charges the appellee, John G.
Darby, with a violation of this statute. Eight entries are alleged
- to have been falsely made. Each has relation to a separate promis-
sory note discounted by the Montgomery County National Bank of
Rockville, Maryland. The notes bore the genuine signature of
J. G: Darby as maker. They bore what appeared to be the signa-
ture of Bessie D. Darby as co-maker or endorser. In fact, as the
appellee well knew, her signature was a forgery. With this knowl-
edge he entered in the discount book the name of Bessie D. Darby
"Bec. 5209. Any officer, director, agent, or employee of any Federal reserve
bank, or of any member bank . . . who . . . makes any false entry
in any book, report, or statement of such Federal reserve bank or member
bank, with intent in any case to injure or defraud such Federal reserve bank
or member bank, or any other company, body politic or corporate, or any
individual person, or to deceive any officer of such Federal reserve bank or
member bank, or the Comptroller of the Currency, or any agent or examiner
appointed to examine the affairs of such Federal reserve bank or member
bank, or the Federal Reserve Board; . . . shall be deemed guilty of a
misdemeanor, and upon conviction thereof in any district court of the United
oo, States shall be fined not more than $5,000 or shall be imprisoned for not more
7 than five years, or both, in the discretion of the court,
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