Ninth Circuit Partially Reverses Conviction for Theft from Fort Peck Tribe

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

This entry was posted in Author: Matthew L.M. Fletcher, Criminal, Research and tagged , , , , , , . Bookmark the permalink.

One Response to Ninth Circuit Partially Reverses Conviction for Theft from Fort Peck Tribe

  1. Pingback: Ninth Circuit Partially Reverses Conviction for Theft from Fort Peck Tribe | Round House Talk

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