Here is the opinion in United States v. Newell.
Here is an excerpt:
This case stems from extensive financial mismanagement at the Passamaquoddy Tribe Indian Township Reservation (the “Tribe”) in Down East Maine. Defendants Robert Newell, the former governor of the Tribe, and James Parisi, Jr., the Tribe’s former finance director, were convicted for conspiracy to defraud the United States under 18 U.S.C. § 371, as well as violations of 18 U.S.C. §§ 287, 666 and 669, involving the misuse of federal grant and tribal monies. On appeal, Newell and Parisi raise a host of issues related to the federal court’s jurisdiction over “internal tribal matters,” the sufficiency of the evidence, the lower court’s jury instructions, sentencing, and the restitution order entered against them. For the reasons explained below, we vacate Parisi’s conviction on count five and remand for clarification of certain issues related to the restitution order, but otherwise affirm.
Kind of weird they picked Passamaquoddy for enforcement. There is a fine line here; when does plain old “mismanagement” become “purposeful and intentional mismanagement”. I could foresee a slew of these kinds of prosecutions in Indian Country. There is a “free wheeling” attitude with regard to the management of Federal Funds once they hit the tirbal accounts. Most incidents are “purposeful/temporary mismanagement”. Sor of “robbing Peter to pay Paul” and hoping that there’s enought money at the end to set everything straight (Pay Petter back?) and if there is not, using Tribally generated money to pay back into the misused account. It becomes a habit and at some point you risk not being able to pay Peter and then the moo goo cow dung hits the fan and somebody gets prosecuted.