United States v. Peoni

Nature of the Case

This was an appeal from a conviction of possession of counterfeit money.

Facts

Peoni (D) sold counterfeit bills to Regno and Regno sold them to Dorsey. All three parties knew the bills were counterfeit. Dorsey was arrested while trying to pass one of the bills. Peoni was indicted on the theory that he had put the bills in circulation and knew that Regno was likely to sell them to another. At trial Peoni was convicted on all counts and appealed.

Issue

Can a party be liable as an accessory because of foreseeability of the final result?

Holding and Rule of Law

No. A party cannot be liable as an accessory merely because of foreseeability of the final result.

The court held that under civil law there can be such liability but not under criminal law. There must be aiding, abetting, counseling, commanding, inducing or procuring. All these definitions have nothing whatever to do with the probability that the forbidden result would follow upon the accessory’s conduct. All these activities require that a party involve himself with the venture, that he participate in something that he wishes to bring about. Once Peoni sold to Regno, Peoni’s criminal culpability for the acts ended even though the causal chain went to Dorsey.

Disposition

Reversed.

Notes

An aider and abettor or principal in the second degree must in some way associate himself with the venture and participate in it as something that he wishes to bring about. He must seek by his action to make it succeed. In order for a defendant to be convicted as an aider and abettor, the prosecution must prove that she shared the criminal intent of the principal. The defendant is not required to possess the identical intent.