Rossi v. United States

Background

A federal grand jury charged five counts against several men accused of breaking Internal Revenue rules about distilling alcohol. Two counts at trial accused them of running a distillery without the required bond and of having a still that was not registered. The defendants pleaded not guilty, waived a jury, and the judge tried the case. The judge found them guilty on both counts. At trial the government proved the defendants had custody and control of a still set up and operating, or ready to operate, in a dwelling house. The defendants did not testify, and the government did not produce positive proof of registration or bond.

Reasoning

The central question was whether that evidence was enough to support conviction. The Court said it was. It explained that when someone is shown to have custody or control of a still in a dwelling, that fact fairly indicates they did not register the still or give the required bond, and the defendant is in the best position to produce proof of registration or bond. The Court also noted the law makes it impossible to lawfully use a still in a dwelling and simultaneously register it or give the required bond, which strengthens the inference of noncompliance. Because the defendants offered no proof to overcome that inference, the judge properly convicted them and the convictions were affirmed.

Real world impact

This ruling means people found with set-up stills in homes face a presumption of illegal operation unless they can show registration and bond. Prosecutors need not produce direct documentary proof of the absence of registration or bond when circumstances strongly suggest noncompliance. Individuals who operate or store stills should keep registration and bond records ready if they wish to avoid conviction under these rules.