First Circuit Affirms Embezzlement Convictions of Former Passamaquoddy Tribe Leaders

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.

US v. Newell — DCT Refuses to Dismiss Indictment Against Former Passamaquoddy Governor

I guess the heading says it all — Robert Newell was indicted for misappropriating federal money while governor of the tribe. His arguments on the motion to dismiss were based in federal Indian law; i.e., sovereign immunity, federal government failure to comply with PL 638. etc.

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