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Convictions for Embezzling Emergency Tribal Funds Affirmed

By Shari Allison

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...continue to full post

Full post as published by Tenth Circuit Blog on June 11, 2009 (boomark / email).