September 30, 1963

In the Matter of the Complaint that

BELL-BOOK & CANDLE INCENSE COMPANY

at

Los Angeles, California 9003

(hereinafter called Respondent), is engaged in conducting a scheme for obtaining money through the mails in violation of 39 U. S. Code 4005.

P.O.D. Docket No. 2/297

APPEARANCES:

Arthur S. Cahn, Esq.

Office of the General Counsel

Post Office Department

Washington, D.C.,

for the Complainant

Mrs. Rita Norling

335 East Florence Avenue

Los Angeles, California,

for the Respondent

INITIAL DECISION OF HEARING EXAMINER

            The general Counsel of the Post Office Department has charged in the complaint in this case that the Respondent, Bell-Book and Candle Incense Company at 335 East Florence Avenue, Los Angeles, California, is conducting a fraudulent scheme through the mails as proscribed by Title 39, United States Code, Section 4005.

            The complaint charges in substance that the fraud scheme consists of selling and offering to sell through the mails various articles such as candles, oils, soap and incense upon the representations and promises which the General Counsel says are false and fraudulent.

            It is charged that the seller represents that the articles either confer upon the purchaser supernatural powers or that they will produce certain beneficent results for the purchasers.

            An answer was filed on behalf of the Respondent in which the allegations of the complaint were denied.  Upon the basis of the testimony taken at the hearing this morning and upon the basis of the exhibits received in evidence I conclude that the evidence supports the charges of the complaint and I shall make the recommendations in regard to the appropriate order.

            Attached to the complaint is an example of the circular matter used by the Complainant and this circular matter was also received in evidence as Government’s Exhibit G-1-A.

            In this circular, the Respondent advertises a so-called success Formula No. 7 which is comprised of one Money Drawing Candle, one ritual incense, one ritual oil, one Fast Lucky Drops, one Lucky Hand, one Money Drawing Bath Oil, and one occult soap.

            In regard to this so-called Success Formula, the Respondent makes this statement:

            “The fortune of good luck has indeed smiled upon you.  We bear you good news.  You know – you, too, can be successful, for we now have the genuine occult Success Formula No. 7 to introduce to you.”

            Now, the inspector who investigated this case, Inspector Martin I. Dworkis, ordered the products from the Respondent and did receive the Success Formula No. 7.  Along with the items which comprise Success Formula No. 7, the Respondent sent to the test name used by the inspector conducting this phase of the investigation the instructions for using the Success Formula.

            The Respondent tells the purchaser to anoint himself with Fast Luck Oil.  “Light your candle and incense.  Read Psalm 4 three times.  Now, relax and start counting slowly up to the amount of money you desire.  Concentrate deeply on your desires and the amount of money you need.”

            There are some further instructions along these lines, and then there is the statement “Do not become anxious or worry about where the money will come from.  Do not worry about how soon it will come to you.  Just feel as if you already have it.”

            Then there are some instructions along the same line contained in this set of instructions which is Exhibit G-2-J.

            It has also been pointed out that Respondent advertises in the Pittsburgh Courier, and a copy of their advertising on which, in part, the complaint is based is Exhibit B to the complaint.

            And that also constituted a part of Exhibit G-4-B which was received into evidence.

            In this advertisement the Respondent advertises the Book of Black and White Magic, and in respect to this book the Respondent has this to say:

            “Until now, no book such as this has been available to the public.  Louisiana’s fantastic book of most powerful rituals of white magic, black magic and voodoo.  Here are some of the contents.  How to influence people.  How to obtain prosperity.  How to get a lucky hand.  Gambling hand.  How to win a lawsuit.  A lady who cannot get friends.”

            The advertisement further stated:  “It (referring to the book) gives you step-by-step instructions which you can easily and safely follow in order to achieve the desired results.”

            The inspector ordered this book from Respondent.  A copy of the book was received in evidence as Exhibit G-3-E.  In looking through the contents of this book you see advice is given to people who need some outside assistance in gambling and people who are having various sorts of difficulties with their wives and sweethearts; people who have various illnesses; people who are having bad luck in general.

            In each of these situations a particular product is recommended for use and with the book there was enclosed a notification that all of the items mentioned in the Book of Black and White Magic are available from the Respondent and those items are listed and the prices are given.

            On the basis of the foregoing recitation it is perfectly clear that the Respondent is engaged in business through the mails, and that the Respondent does make the advertising representations which are set forth in the complaint.

            In regard to the falsity of these representations there is not needed any lengthy discussion since they are so absurd on their face and so patently false that it is recognized by the average reader.

            In regard to whether the representations were fraudulently made, it is understood, of course, that fraudulent intent is never presumed, but it must be alleged and proven; however, the existence of fraudulent intent may be established by circumstantial evidence, by the universality of scientific belief that an advertising representation is wholly unsupportable; by showing that statements were made with reckless disregard for their truth or by the patent falsity of the statements themselves.

            When measured by any of these criteria, it is plain that the representations made by this Respondent are fraudulent representations.

            I note that at the bottom of the exhibit which is Exhibit G-1-A, there is this statement “All of our items are the best obtainable and are sold as curios only.  We make no supernatural claims.”

            Now, this is then relied upon by the Respondent as a disclaimer of any intent to defraud, but in view of all the other statements and even taking into consideration the effect on the mind of the unwary and gullible reader of just the name of these products we have, I conclude that this disclaimer is insignificant and would have no effect upon the prospective purchaser.

            The Respondent in the person of Mrs. Rita Norling, the owner of the Bell-Book & Candle Incense Company represented herself at this hearing.  She had retained an attorney to represent her, but for reasons which are not entirely clear, the attorney did not appear at the hearing.

            The remarks that Mrs. Norling made indicated she attempted to attach some religious significance to the items she is selling.

            An effort was made to explain to Mrs. Norling that it is not the items which she is selling against which the complaint has been placed, but it is the manner of sale and the statements made concerning the efficacy of these products which resulted in the filing of the complaint.

            On the basis of all that has appeared before, I make the following findings of fact:

            (1)  Respondent is engaged in the business of the sale through the mails of certain products.

            (2)  The Respondent makes the advertising pretenses, representations and promises set forth in the complaint.

            (3)  These advertising representations are false.

            (4)  The advertising representations are so patently and so blatantly false that it can only be concluded that they were made with the intent to deceive.

            I conclude as a matter of law that the Respondent is and has been engaged in the conduct of a scheme through the mails for obtaining money by means of false and fraudulent pretenses, representations and promises as proscribed by Section 4005 of Title 39, United States code, and, in connection with this statement that the Respondent is so engaged reference is made to Exhibit G-5, which is an advertisement which appears or will appear in the October, 1968 issue of Fate Magazine where additional representations in regard to the book of Black and White Magic are made.

            In this advertisement, the Respondent says that the purchaser will gain instant knowledge on performing rituals, and some of the contents are listed as follows:

How to obtain prosperity.  What to do to win a lawsuit.  How to get

uncrossed.

            In view of the foregoing, I recommend that the Judicial Officer issue a fraud order which would be attached to this decision when it is typed.  And the purpose of the fraud order will be to suppress the fraudulent enterprise here involved.

                                                                                    William A. Duvall

                                                                                    Chief Hearing Examiner