United States v. Louis Scoratow, a/k/a Lou Simon a/k/a Lou Schall

Summary

The Fifth Circuit affirmed Louis Scoratow's convictions under 18 U.S.C. §§ 2314 and 2 for aiding and abetting a scheme that induced a victim to travel in interstate commerce as part of a fraud. The court held that the interstate travel need not occur simultaneously with the transfer of money and that the evidence sufficiently showed Scoratow's central participation in the scheme, even though he did not personally induce the victim's travel.

Holdings

1. No. The second paragraph of § 2314 is violated when a defendant devises or intends to devise a scheme to defraud $5,000 or more and, as a result of the scheme, induces a person to travel in interstate commerce in its execution or concealment; the statute does not require that the victim transfer the money during the interstate travel.
2. No. A participant who is a central member of the fraudulent scheme may be convicted as an aider and abettor even without proof that he personally induced the victim's interstate travel.

Questions Presented

1. Whether a conviction under the second paragraph of 18 U.S.C. § 2314 requires proof that the victim parted with money during or before interstate travel, rather than after the travel was completed.
2. Whether Scoratow could be convicted as an aider and abettor without proof that he personally induced Nadler to travel in interstate commerce.

Disposition

affirmed