United States v. Holt (333 F.2d 455, 1964)

MOORE, Circuit Judge:

Appellant, Milton Holt, appeals from a judgment of conviction upon a jury verdict finding him guilty of having received “money or other thing of value” in violation of 29 U.S.C.A. § 186(b) which proscribes such receipt by a representative of the employer’s employees from an employer. Holt was Secretary-Treasurer of Local 805, Confectionery and Tobacco Drivers and Warehousemen, International Brotherhood of Teamsters and as such was a representative of employees of National Vending Corporation, Continental Vending Machine Corporation, and Continental Industries, Inc. The indictment in its three counts against Holt (counts 2, 4 and 6) charged him with receiving “a thing of value, to wit, money” in the respective amounts of $30,000, $50,000 and $12,000. The delivery of these amounts by the defend-ants Sternberg and Roth is dealt with in the opinion in a companion appeal, United States v. Roth, 333 F.2d 450 (2d Cir. 1964).

. . , Appel ant assigns many points of error: (D insufficiency of'proof to sustain a conviction m that the Government failed Prov® tbat Ho1) knew that the employers had transferred funds to ^daf 3 Associates which actually made the oan: refusal of the trial court to char*e that such knowledge was a necessary element of the crime; (3) the admission of conversation between Stern-berg and Abrams and of evidence of the transfer of funds between Valley Commercial and Adams Associates; (4) an alleged variance between the receipt °f a loan as a “thing of value” and the , „ ?arge of toe money; (5) aiIur^of tbe triaI VTt * bmse“ tna after+íe had d\S