## Facts

- Garguilo and Macchia were jointly tried on a single-count indictment alleging they “made a likeness of a $10 bill” in violation of 18 U.S.C. § 474; Macchia’s liability was based on aiding and abetting under 18 U.S.C. § 2.
- The government’s proof relied mainly on testimony from (1) Villari, a printer who pleaded guilty, and (2) Della Monica, a photographer who taught Garguilo photographic techniques.
- Garguilo met Villari in traffic court; later, Garguilo visited Villari’s print shop with Macchia and introduced Macchia as “Tony,” describing him as “buddy-buddy” and part of a group that did everything together.
- At the print shop, Garguilo separated Villari from Macchia and privately solicited Villari to participate in counterfeiting; Villari refused. There was no evidence Macchia discussed counterfeiting.
- Garguilo later visited Della Monica’s photography studio repeatedly to learn to develop and copy photographs; Macchia accompanied him only once or twice and was introduced as Garguilo’s friend.
- Garguilo borrowed photographic equipment from Della Monica and used it to create negatives of $10 bills that were used to burn plates.
- Secret Service agents searched the studio, found $10-bill plates, and the plates bore Garguilo’s fingerprints.
- The jury convicted both defendants; both appealed, with Macchia primarily challenging sufficiency of the evidence.

## Issues

1. Whether the evidence was sufficient to submit Macchia’s case to the jury and sustain his conviction as an aider and abettor of making a likeness of a $10 bill under 18 U.S.C. §§ 2, 474.
2. Whether Garguilo was entitled to reversal based on alleged trial errors.

## Decision

- The court affirmed Garguilo’s conviction, finding the evidence of his direct participation in the counterfeiting process overwhelming.
- The court reversed Macchia’s conviction and ordered the indictment dismissed as to him, holding the evidence was legally insufficient to prove aiding and abetting.
- The court held that Macchia’s presence during limited events and his association with Garguilo did not permit a finding beyond a reasonable doubt that he intentionally participated in, or acted to further, the criminal venture.

## Legal Principles

- Aiding and abetting under 18 U.S.C. § 2 requires proof that the defendant associated with the criminal venture, participated in it as something he wished to bring about, and sought by his actions to make it succeed.
- Mere presence at or near criminal activity, or close association with a principal, does not establish aiding and abetting absent evidence of intentional participation and affirmative assistance, encouragement, or conduct furthering the crime.
- Although intent and participation may be shown by circumstantial evidence, the evidence must support a finding beyond a reasonable doubt that the defendant shared the criminal purpose and took steps to advance it.

## Conclusion

The Second Circuit affirmed the conviction of the principal actor who procured equipment and created counterfeit-related plates, but reversed and dismissed the conviction of the alleged aider because the proof showed only companionship and occasional presence, not intentional assistance or action to further the counterfeiting offense.


United States v. Garguilo, 310 F.2d 249 (2d Cir. 1962)