Friday, January 06, 2012

US v. Bryant, No. 11-7029, 1-5-12 (Okla) - Woman whose sister worked at a tribal casino as a cashier won 90 cents on a slot machine. Her sister paid her $4,000.91, which they split. They were indicted for embezzlement from the casino. Woman claimed that she did not violate the statute (18 USC 1168) prohibiting employees of tribal casinos from stealing from them, and that the tribe was not the USA, so she didn’t steal anything from the USA. Held: (1) woman was guilty of aiding and abetting her sister, who did work for the casino, so she was liable as a principal; (2) the casino sits on territory subject to the jurisdiction of the United States, so the offense was “plainly” against the USA; and (3) fact that she could have been prosecuted under a different statute makes no difference, and provides no basis for invoking the rule of lenity.