Judge Voids 1977 Conviction of Ex-Gov. Mandel

Former Gov. Marvin Mandel’s 1977 conviction on charges of racketeering and mail fraud was overturned Thursday by a federal judge who cited a recent U.S. Supreme Court ruling against the use of mail fraud laws to prosecute certain cases.

Mandel spent 19 months in federal prison after being convicted of helping five political associates to get extra racing days for the Marlboro Race Track, which they secretly owned, when he was governor of Maryland.

The 24-count indictment alleged that the associates lavishly supplied Mandel with money, clothes, jewelry and financial help in his divorce settlement with his first wife, Barbara.

Fines to Be Returned

U.S. District Judge Frederic N. Smalkin threw out all convictions against the six and ordered the government to return their fines within 90 days.

The decision was based on a June Supreme Court ruling that federal mail fraud statutes protect only rights in money and property and may not be used to prosecute public officials for defrauding citizens of their “intangible rights” to honest government.

Federal prosecutors used the “intangible rights” theory in their case against Mandel, Irvin Kovens, W. Dale Hess, Harry W. Rodgers III, William A. Rodgers and Ernest N. Cory.

U.S. Atty. Breckinridge Willcox said the government will appeal because of concern that the decision could destroy the federal government’s ability to prosecute local corruption cases.

Sentence Commuted

Mandel had been sentenced to a four-year term, which was commuted after 19 months.

A somewhat subdued but obviously pleased Mandel told reporters that he felt vindicated by the ruling. “It’s been a nightmare,” he said. “Being accused of something you didn’t do is horrible.”

His lawyer, Arnold M. Weiner, said that he would ask the Maryland Court of Appeals to act promptly on Mandel’s pending petition for reinstatement to the bar. He was disbarred in 1982.

Hess, Kovens and Harry and William Rodgers were each fined $40,000, according to Weiner. Mandel and Cory were not fined. All defendants have completed their jail terms.