Here is the indictment in United States v. Crosby (E.D. Cal.):
News coverage here.
18 U.S.C. § 1163
Ninth Circuit Affirms Conviction for Theft from a Tribe
Here is the opinion in United States v. Tadios.
The court’s syllabus:
The panel affirmed the district court’s inclusion in its loss calculation at sentencing the estimated salary paid to the defendant, the CEO of a federally-funded health care clinic located on the Chippewa Cree’s Rocky Boy Reservation, for time she spent visiting her husband when she claimed to be traveling on business. The defendant was convicted for converting federal funds for personal use, using federal funds for personal benefit, and misapplying clinic funds. The panel rejected the defendant’s argument that because she was an exempt employee, the Chippewa Cree suffered no loss in paying her full salary for when she was visiting her husband instead of performing clinic duties. The panel held that including in the loss calculation under U.S.S.G. § 2B1.1 the estimated value of the time the defendant should have reported as annual leave was not clear error. The panel addressed the defendant’s remaining arguments concerning her conviction and sentencing in a memorandum disposition
The Ninth Circuit’s unpublished memorandum decision on jurisdiction is here.
An excerpt:
Tadios first argues that the federal courts lack jurisdiction because Tadios is an Indian and the acts took place on tribal land. We review criminal jurisdiction de novo. United States v. Begay, 42 F.3d 486, 497 (9th Cir. 1994). Tadios’s argument fails in light of more than a century of jurisprudence concluding that generally applicable provisions of the Federal Criminal Code govern prosecutions of crimes committed by Indians in Indian territory. See, e.g., United States v. Kagama, 118 U.S. 375, 384-85 (1886) (finding that federal courts have jurisdiction over crimes committed by Indians on Indian territory).
Federal Felony Information re: Former GTB Employee
Here is the pleading in United States v. Buchanan (W.D. Mich.):
From the GTB press release:
November 24, 2015, Peshawbestown, Michigan. On November 23, 2015, the United States filed a “Felony Information” against the former Information Technology Director of GTB, Michael Buchanan, alleging embezzlement from an Indian tribal organization, 18 U.S.C. 1163. The Felony Information is the result of extensive investigatory work by GTB’s Police Department in cooperation with the FBI. GTB anticipates that Mr. Buchanan will be arraigned on Monday at 2:00 p.m. in the Federal District Court in Grand Rapids, Michigan. The alleged scope of GTB’s loss is extensive, $233,176.12, which is the value of computer equipment purchased by Mr. Buchanan and resold to third parties over the time period 2008-2012. GTB anticipates that Mr. Buchanan will not contest the charges. Further information will be provided after the arraignment and further criminal court proceedings.
Ninth Circuit Affirms Two Convictions in Tribal Embezzlement/Theft Schemes
Here are the materials in United States v. Aubrey:
An excerpt:
For purposes of 18 U.S.C. § 1163, funds paid from an Indian tribal organization to a contractor continue to be “property belonging to any Indian tribal organization,” as long as the tribal organization maintains sufficient supervision and control of disbursed funds and their ultimate use. Accordingly, we reject William Aubrey’s contention that the evidence presented at his trial was insufficient to prove that he converted or misused property belonging to an Indian tribal organization in violation of 18 U.S.C. § 1163. We also deny Aubrey’s other challenges to his conviction and sentencing.
Here are the materials in United States v. Augare:
From the court’s syllabus:
The panel affirmed a sentence in a case in which the district court applied a “sophisticated means” enhancement under U.S.S.G. § 2B1.1(b)(10)(C) following the defendant’s guilty plea to conspiracy to defraud the United States, False Claims Act conspiracy, theft from an Indian tribe receiving federal funding, and federal income tax evasion.
The panel held that the district court did not abuse its discretion when it applied the “sophisticated means” enhancement to the defendant’s offense conduct. The panel explained that the coordinated and repetitive steps that the defendant took to transfer money from the Po’Ka project to his personal bank account are comparable in complexity and sophistication to the schemes held to warrant the enhancement in both this court’s precedent and persuasive authority from other circuits.
Yakama Nation Education Dept. Employees Indicted by Feds for Theft from a Tribal Organization
Here is the indictment in United States v. Gardee (E.D. Wash.):
Eighth Circuit Affirms Conviction of Sisseton-Wahpeton Oyate Member for Misapplication of Tribal Funds
Here is the opinion in United States v. Wanna.
An excerpt:
A jury convicted Charlene Wanna of misapplication of funds from an Indian tribal organization and aiding and abetting in violation of 18 U.S.C. §§ 1163 and 2. The district court sentenced Wanna to 33 months imprisonment. Wanna appeals her conviction and sentence. Having appellate jurisdiction under 28 U.S.C. § 1291, we affirm.
The briefs:
Eighth Circuit Affirms Conviction of Embezzlement from Spirit Lake Housing
Here are the materials in United States v. Yankton:
From the court’s syllabus:
Evidence was sufficient to support defendant’s conviction for embezzlement and theft from an Indian tribal organization.
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