delivered the • opinion of the Court.
This is an indictment in three counts. The first charges a conspiracy to commit an offense against the United States by making and presenting for payment a fraudulent claim against the United States Emergency Fleet Corporation, a corporation formed under the laws of the District of Columbia, of which the United States owned all the stock. The second count charges a like conspiracy to obtain the payment of fraudulent claims against the same corporation. The third count charges a conspiracy to defraud, the United States. All the counts are based upon the same facts, and the first two are brought under the Act of October 23, Í918, c. 194; 40 Stat. 1015; amending § 35 of the Criminal Code and,
*17
taken with § 37, making it a crime to conspire to present for, or to obtain, payment of a fraudulent claim against
“
any corporation in which the United States of America is a stockholder.” The third count is based upon § 37 of the Criminal Code, Act of March 4, 1909, c. 321; 35 Stat. 1088, punishing conspiracy “ to defraud the United States in any manner or for any purpose.” ' A demurrer to all the counts was sustained by the District Court on the grounds that the Act of 1918 must be taken literally, as embracing any corporation in which the United States owned a single share of stopk, and so construed went beyond the power of Congress, and that under
United States
v.
Strang,
Taking up first the Act of 1918, it was enacted after Congress contemplating the possibility of the war that, ensued had authorized the formation of the Fleet Corporation under laws deriving their authority from earlier statutes of the United States. We are not' informed whether at that time the United States owned stock in corporations other than the instrumentalities created with reference to the needs of that war, but we cannot doubt that the act was passed with a special view to them.
United States
v.
Bowman,
As to the third count, while it is true that the corporation is not the United States,
United States
v.
Strang,
Judgment reversed.
