theft from a tribal organization

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:

Wanna Brief

US Brief

Wanna Reply

Ninth Circuit Vacates 18 Month Sentence for Defrauding Fort Peck

October 17, 2013Matthew L.M. Fletcher

Here are the materials in United States v. Greybull:

CA9 Unpublished Opinion

Greybull Opening Brief

US Answer Brief

Federal Court Holds Sisseton Housing Authority is Tribal Organization for Purposes of 18 USC § 1163

October 4, 2013Matthew L.M. Fletcher

Here are the materials in United States v. Red Thunder (D. S.D.):

51 White Motion to Dismiss

53 Red Owl Motion to Dismiss

54 DuMarce Motion to Dismiss

56 Red Thunder Motion to Dismiss

57 Government’s Response

61 MJ R&R Denying Motion to Dismiss

98 DCT Order Adopting R&R

Eighth Circuit Affirms Conviction of Embezzlement from Spirit Lake Housing

July 22, 2013Matthew L.M. Fletcher

Here are the materials in United States v. Yankton:

CA8 Unpublished Opinion

Yankton Opening Brief

US Brief

Yankton Reply Brief

From the court’s syllabus:

Evidence was sufficient to support defendant’s conviction for embezzlement and theft from an Indian tribal organization.

Ninth Circuit Partially Reverses Conviction for Theft from Fort Peck Tribe

July 8, 2013Matthew L.M. Fletcher1 Comment

Here is the opinion in United States v. White Eagle.

The court’s summary:

The panel affirmed in part and reversed in part a criminal judgment in a case arising out of the involvement by the Bureau of Indian Affairs Superintendent at the Fort Peck Indian Reservation in a scheme to obtain money from a tribal credit program.

Reversing convictions on counts charging conspiracy to convert tribal credit program proceeds (18 U.S.C. § 371) and theft and conversion from an Indian Tribal Organization (18 U.S.C. §§ 1163, 2), the panel held that the government’s misapplication theory, predicated at best on an employer directive and a civil regulation, cannot support a conviction; and that the government’s embezzlement and conversion theories also fail because the defendant never controlled or had custody of the funds that she later borrowed.

Affirming a bribery conviction (18 U.S.C. § 201(b)(2)), the panel held that a jury could easily infer a quid pro quo and had ample evidence to conclude that the defendant’s actions were “corrupt.”

Because the government did not show that the defendant violated a specific duty to report credit program fraud, the panel reversed her conviction of concealment of public corruption (18 U.S.C. § 1001(a)(1)).

And the briefs:

White Eagle Opening Brief

US Answer Brief

White Eagle Reply Brief

Seventh Circuit Affirms Conviction for Theft from Sokaogon Ojibwe Tribe

April 2, 2013Matthew L.M. Fletcher

Here is the opinion:

US v McGeshik

An excerpt:

Dori McGeshick, a tribal employee, helped administer a federal grant to build 11 new homes on a Native American reservation. Tasked with acquiring appliances for the new homes, McGeshick took the opportunity to improve her lifestyle, using federal funds to buy $13,000 worth of high‐end appliances for her own home. After a bench trial, the district court convicted her of the offense of theft by an employee of an Indian tribal government, see 18 U.S.C. § 666(a)(1)(A), and sentenced her to 15 months’ imprisonment. On appeal McGeshick argues that the district court clearly erred when it found that she had abused a position of trust. See U.S.S.G. § 3B1.3. Because she was entrusted with considerable discretion and responsibility, we affirm.

Tenth Circuit Affirms Conviction for Theft from a Tribal Organization (Northern Arapahoe Tribe)

February 28, 2013February 28, 2013Matthew L.M. Fletcher

Here are the materials in United States v. Addison:

Addison Brief

Federal Govt Brief

CA10 Opinion

An excerpt:

Amanda Addison and Melody St. Clair were on trial for embezzling or converting funds from the Northern Arapahoe Tribe’s Department of Social Services (DSS). On July 7, 2011, the third day of trial, the trial judge declared a mistrial as to St. Clair only and excluded her from the courtroom for the remainder of the trial. Addison was convicted. She brings two issues for our consideration, whether: (1) the exclusion of St. Clair violated Addison’s Sixth Amendment right to a public trial and (2) the evidence was sufficient to demonstrate criminal intent. Because the district court had a substantial reason for excluding St. Clair, no Sixth Amendment violation occurred. The evidence was sufficient to prove her knowing and intentional taking of DSS funds. We affirm.