United States v. William Aubrey

For purposes of 18 U.S.C. § 1163 , funds paid from an Indian tribal organization to a contractor continue to be “property belonging to any Indian tribal organization,” as long as the tribal organization maintains sufficient supervision and control of disbursed funds and their ultimate use. Accordingly, we reject William Aubrey’s contention that the evidence presented at his trial was insufficient to prove that he converted or misused property belonging to an Indian tribal organization in violation of 18 U.S.C. § 1163 . We also deny Aubrey’s other challenges to his conviction and sentencing.

BACKGROUND

A. Overview of the federal funding of tribal housing projects

Under the Native American Housing Assistance and Self-Determination Act, 25 U.S.C. §§ 4101-4212 (“NAHASDA”), the U.S. Department of Housing and Urban Development (“HUD”) allocates federal money to Indian tribes to fund the construction and maintenance of affordable housing on Indian reservations. HUD evaluates a tribe’s specific needs and then allocates money to the tribe, such funds are then termed a block grant.

The Navajo Nation receives the largest amount of NAHASDA block grant funds in the country. The…