United States v. Florence White Eagle

Florence White Eagle appeals her conviction and sentence on six counts arising out of her involvement in a scheme to obtain money from a tribal credit program: (I) conspiracy to convert tribal credit program proceeds in violation of 18 U.S.C. § 371 ; (II) theft and conversion from an Indian Tribal Organization in violation of 18 U.S.C. §§ 1168 , 2; (III) bribery in violation of 18 U.S.C. § 201 (b)(2); (IV) concealment of public corruption in violation of 18 U.S.C. § 1001 (a)(1); (V) public acts affecting a personal financial interest in violation of 18 U.S.C. § 208 (a); and (VI) misprision of a felony in violation of 18 U.S.C. § 4 . Without a doubt, White Eagle turned a blind eye to fraud and facilitated its cover up. The difficulty for the prosecution is that, in the main, the crimes charged did not fit the facts. We affirm White Eagle’s convictions on Counts III and VI (bribery and misprision of a felony), but reverse the convictions on Counts I, II, IV, and V, and remand for resentenc-ing.

Background

White Eagle was the Bureau of Indian Affairs (“BIA”) Superintendent at the Fort Peck Indian Reservation. The BIA is the federal government’s trustee for lands on Fort…