Christiansen

Karen Christiansen was charged with four counts of conflict of interest in violation of Government Code section 1090, which generally prohibits public officials from being financially interested in contracts they make in their official capacity. A jury convicted Christiansen on all counts, and the trial court sentenced her to four years four months in prison and ordered her to pay restitution of approximately $3.5 million.

On appeal, Christiansen argues on numerous grounds that her convictions must be reversed. We agree. Because Christiansen was not a member, officer, or employee of the relevant public body, section 1090 does not apply to her. We therefore reverse her convictions, vacate her sentence and the restitution award, and direct the superior court to dismiss all charges against her.

BACKGROUND

Section 1090 provides as follows: “Members of the Legislature, state, county, district, judicial district, and city officers or employees shall not be financially interested in any contract made by them in their official capacity, or by any body or board of which they are members.” Violation of section 1090 is a crime punishable by a fine of not more than $1,000 or by…