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Criminal Law Keyed to Johnson
Blumenthal v. United States
Facts
Goldsmith and Weiss (Defendants) operated a whiskey-distribution company. Goldsmith and Weiss obtained whiskey from the company’s unidentified owner. Feigenbaum, Blumenthal, and Abel (Defendants) were Goldsmith’s and Weiss’s salesmen, selling whiskey directly to the tavern owners who purchased the whiskey. Pursuant to an agreement with Goldsmith and Weiss, Feigenbaum, Blumenthal, and Abel sold the whiskey at inflated prices above the maximum price allowed by wartime price-control laws. Defendants did not appear to conduct any business directly among themselves or have knowledge of the unidentified owner who was supplying the whiskey to the company. Defendants were convicted in the court of appeals for conspiracy to sell whiskey in violation of wartime regulations. Defendants appealed, and the United States Supreme Court granted certiorari.
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