Convictions for Embezzling Emergency Tribal Funds Affirmed

US v. Oldbear, 2009 WL 1608334, No. 08-6095 (10th Cir. June 10, 2009) (published):

Court affirms the defendant's conviction on five counts of embezzling tribal funds, contrary to 18 U.S.C. 1163, and one count of making a false statement, in violation of 18 USC 1001(a)(2). Ms. Oldbear managed the tribe's emergency assistance fund, and she used money from the fund to repair her personal car and to buy another. On appeal, she asserted that the district court violated her constitutional rights when it excluded evidence from three defense witnesses who had also received tribal funds for personal purposes; that her convictions were not supported by sufficient evidence; and she was improperly cross-examined regarding another embezzlement incident and was forced to prejudicially invoke her fifth amendment rights.

Ms. Oldbear's defense was that she believed she was entitled to use the emergency assistance funds to repair her car and thus lacked the requisite mens rea for embezzlement. Her witnesses would have testified they had received funds for this purpose. The COA found the d.ct. properly found the evidence to be irrelevant and would only have shown the emergency assistance program was being managed sloppily or corruptly. Further, it would only have shown that others also improperly benefitted from the improper conduct. Finally, the exclusion of the testimony did not violate the defendant's due process rights because there was substantial evidence to support the convictions. The COA also rejected the argument that the prosecutor's questioning was prejudicial.