William O. Douglas

“ It charges that since 1933 the Nazi party was devoted to furthering the political activities and policy of the German Reich in this country, that each petitioner during the five years prior to his registration was a member of that party, that Draeger and Vogel directed petitioners in registering under the Act to conceal and falsify their connection with the Nazi party, that petitioners followed such directions, that after their registration they continued from day to day to misrepresent to the government their connection with and activities in the Nazi party. ”

“ All continuity of action ended with the last overt act in December, 1940. There was no overt act of concealment which followed the act of making false statements. If the latter is permitting to do double duty, then a continuing result becomes a continuing conspiracy. If, as we think, the conspiracy charged and proved did not extend beyond the date of the last overt act, the admissions of each petitioner were improperly employed against the others. While the act of one partner in crime is admissible against the others where it is in furtherance of the criminal undertaking, Pinkerton v. ”

“ Fiswick is an alien. An alien sentenced to imprisonment for one year or more 'because of conviction in this country of any crime involving moral turpitude' is, unless pardoned, subject to deportation if the crime was committed within five years after the alien's entry into the United States. ”

“ The prosecutor's case, apart from the admissions, may be briefly summarized. Draeger and Vogel were active in the affairs of the Nazi party in this country. Their stenographer, a government witness, testified that applications for membership in the party were received at their office. Dues were paid there. A car file of members of the party and of applicants for membership was kept there. The name of each petitioner was on the list. A letter was sent to all on the list in August or September, 1940, over Draeger's signature, requesting them to discuss a matter with Draeger. ”

“ Regulations, supra note 1, § 29.4 (g) , (j) .↑ Convictions for perjury, Kaneda v. United States, 9 Cir., 278 F. 694, for frauds on the revenues, Guarneri v. Kessler, 5 Cir., 98 F.2d 580, United States ex rel. Berlandi v. Reimer, 2 Cir., 113 F.2d 429, for frauds with respect to property, United States ex rel. Medich v. Burmaster, 8 Cir., 24 F.2d 57, have been held by the lower courts to meet that test. And counterfeiting was so classified by the Court in United States ex rel. Volpe v. ”