United States v. Calvert

523 F.2d 895 (8th Cir. 1975)

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Nature of the Case

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Facts

D approached an old acquaintance, Charles Hintz, and asked Hintz if he were interested in going 'into business' with him. D informed Hintz that he wished to use Hintz as a 'frontman' in a scheme in which they would enter into a partnership with a businessman with an idea or invention, obtain key man and accidental death insurance on the businessman, and then cause his death for the purpose of collecting and sharing the proceeds. D informed Hintz that he needed a 'frontman' because he had successfully used this ruse before and, hence, could not have his name listed as beneficiary on the policies. Hintz accompanied D to several meetings with at least three potential business partners. D stressed to Hintz the health and insurability of the potential partner instead of a business plan. Hintz eventually dropped out of the picture as a 'frontman.' D's father, James Calvert, entered into a partnership agreement with Victor Null. James was to supply the necessary funds and Null was to develop the product. D obtained insurance policies on the life of Null with a total face value in excess of two million dollars. James became the beneficiary on two policies, worth $350,000 in the event of accidental death, but the premiums came from D's funds by indirection. An additional $2,000,000 policy was owned by the partnership, and designated the partnership as beneficiary. D offered to pay Alsop $5,000 if he would murder an inventor in East St. Louis. D wanted the hit done when he was in Florida with 4 shots to the head to make it look like a colored person did it. Alsop declined the offer, informing the defendant that it was not a question of money, but that he had a young daughter and wanted to 'see her grow up.' On November 9, 1972, two days after D had gone to Florida, Null's body was found in his East St. Louis workshop. He had been shot four times in the head with a.22 caliber firearm. The office had the appearance of having been ransacked. The murderer has never been found. D told Hintz to warn Alsop to keep his mouth shut if he did not wish to see his (Alsop's) daughter harmed. D offered to give Hintz $100,000 tax-free 'from our policy' if he would corroborate D's deposition testimony to the effect that Hintz had expressed an interest in acquiring the engine. The plan eventually unraveled and D was brought to trial. P entered evidence that D was previously paid pursuant to insurance policies under similar circumstances. D objected but the court allowed the evidence. D was convicted and appealed in part on this issue.