Marcus Garvey - Charge of Mail Fraud

Charge of Mail Fraud

In a memorandum dated 11 October 1919, J. Edgar Hoover, special assistant to the Attorney General and head of the General Intelligence Division (or "anti-radical division") of The Bureau of Investigation or BOI (after 1935, the Federal Bureau of Investigation), wrote a memorandum to Special Agent Ridgely regarding Marcus Garvey. In the memo, Hoover wrote that:

"Unfortunately, however, he has not as yet violated any federal law whereby he could be proceeded against on the grounds of being an undesirable alien, from the point of view of deportation."

Sometime around November 1919 an investigation by the BOI was begun into the activities of Garvey and the UNIA. Toward this end, the BOI hired James Edward Amos, Arthur Lowell Brent, Thomas Leon Jefferson, James Wormley Jones, and Earl E. Titus as its first five African-American agents. Although initial efforts by the BOI were to find grounds upon which to deport Garvey as "an undesirable alien", a charge of mail fraud was brought against Garvey in connection with stock sales of the Black Star Line after the U.S. Post Office and the Attorney General joined the investigation.

The accusation centered on the fact that the corporation had not yet purchased a ship with the name "Phyllis Wheatley". Although one was pictured with that name emblazoned on its bow on one of the company's stock brochures, it had not actually been purchased by the BSL and still had the name "Orion". The prosecution produced as evidence a single empty envelope which it claimed contained the brochure. During the trial, a man known as Benny Dancy testified that he didn't remember what was in the envelope, although he regularly received brochures from the Black Star Line. Another witness for the prosecution, Schuyler Cargill, perjured himself after admitting to having been told to mention certain dates in his testimony by Chief Prosecutor Maxwell S. Mattuck. Furthermore, he admitted that he could not remember the names of any coworkers in the office, including the timekeeper who punched employees' time cards. Ultimately, he acknowledged being told to lie by Postal Inspector F.E. Shea. He said Shea told him to state that he mailed letters containing the purportedly fraudulent brochures. The Black Star Line did own and operate several ships over the course of its history and was in the process of negotiating for the disputed ship at the time the charges were brought. Assistant District Attorney, Leo Healy, who had been, before becoming District Attorney, an attorney with Harris McGill and Co., the sellers of the first ship, the S.S. Yarmouth, to the Black Star Line Inc., was also a key witness for the government during the trial. Of the four Black Star Line officers charged in connection with the enterprise, only Garvey was found guilty of using the mail service to defraud. His supporters called the trial fraudulent. While there were serious accounting irregularities within the Black Star Line and the claims he used to sell Black Star Line stock could be considered misleading, Garvey's supporters contend that the prosecution was a politically motivated miscarriage of justice.

When the trial ended on 23 June 1923, Garvey had been sentenced to five years in prison. Garvey blamed Jewish jurors and a Jewish federal judge, Julian Mack, for his conviction. He felt they had been biased because of their political objections to his meeting with the acting imperial wizard of the Ku Klux Klan the year before. In 1928, Garvey told a journalist: "When they wanted to get me they had a Jewish judge try me, and a Jewish prosecutor. I would have been freed but two Jews on the jury held out against me ten hours and succeeded in convicting me, whereupon the Jewish judge gave me the maximum penalty."

He initially spent three months in the Tombs Jail awaiting approval of bail. While on bail, he continued to maintain his innocence, travel, speak and organize the UNIA. After numerous attempts at appeal were unsuccessful, he was taken into custody and began serving his sentence at the Atlanta Federal Penitentiary on 8 February 1925. Two days later, he penned his well known "First Message to the Negroes of the World From Atlanta Prison", wherein he made his famous proclamation:

"Look for me in the whirlwind or the storm, look for me all around you, for, with God's grace, I shall come and bring with me countless millions of black slaves who have died in America and the West Indies and the millions in Africa to aid you in the fight for Liberty, Freedom and Life."

Professor Judith Stein has stated, "his politics were on trial." Garvey's sentence was eventually commuted by President Calvin Coolidge. Upon his release in November 1927, Garvey was deported via New Orleans to Jamaica, where a large crowd met him at Orrett's Wharf in Kingston. Though the popularity of the UNIA diminished greatly following Garvey's expulsion, he nevertheless remained committed to his political ideals.