United States v. George Lorenzo Collins

Collins appeals from his conviction for violating 18 U.S.C. § 641 by converting to his own use $36,006 in federal funds. We reverse because the Government failed to prove that Collins converted property of the United States.

In late 1968, the Economic Opportunity Council of San Francisco (“EOC”) entered into a contract with the United States Department of Labor whereby the Labor Department agreed to provide funding for certain poverty programs administered by the EOC. The Labor Department forwarded United States Treasury checks made payable to the EOC and marked for deposit in a special bank account. Under a contract between the EOC and the City and County of San Francisco (“the City”), the EOC would deposit the United States Treasury checks with the Treasurer of the City. The City Controller recorded the EOC deposits in a specific appropriation numbered 998020. The Labor Department contract required the City Treasurer to maintain a special bank account at the Chartered Bank of London, San Francisco, wherein he was to deposit the monies received from the EOC. The United States held a lien upon the credit balance in the special account superior to any lien of the Chartered Bank of…

(dissenting) :

I respectfully dissent.

Early in the trial the district judge pointed out that the character of the funds disbursed under the poverty contracts was a question of law (RT 100). At the close of the ease the trial judge determined from the evidence as a matter of law that if the money was deposited in the City Treasurer’s account number 998020, it was the property of the United States (RT 834-35). And that the proceeds of a warrant issued on this account remained the property of the United States (RT 835-36).

Recent cases support this decision by the trial judge. United States v. Alessio, 439 F.2d 803, 804 (1st Cir. 1971); United States v. Jackson, 436 F.2d 39, 41 (9th Cir. 1970), cert. denied, 403 U.S. 906 , 91 S.Ct. 2209 , 29 L.Ed.2d 682 (1971); Brown v. United States, 334 F.2d 488, 491-492, 497-501 (9th Cir. 1964) (concurring opinion), aff’d on other *1166 grounds, 381 U.S. 437 , 85 S.Ct. 1707 , 14 L.Ed.2d 484 (1965). The issue as to whether federal funds were actually deposited in account number 998020 was properly left to the jury (RT 844).

The majority opinion fails to recognize the crime was completed when the warrant was deposited in the UCB. For the…

464 F.2d 1163 UNITED STATES of America, Plaintiff-Appellee, v. George Lorenzo COLLINS, Defendant-Appellant. No. 26932. United States Court of Appeals, Ninth Circuit. March 1, 1972. As Modified on Denial of Rehearing July 26, 1972. Richard A. Bancroft (argued), San Francisco, Cal., for defendant-appellant. James W. Meyers (argued), Dept. of Justice, Washington, D. C., James L. Browning, U. S. Atty., James H. Daffer, Asst. U. S. Atty., San Francisco, Cal., for plaintiff-appellee. Before KOELSCH and HUFSTEDLER, Circuit Judges, and POWELL, * District Judge. HUFSTEDLER, Circuit Judge: 1 Collins appeals from his conviction for violating 18 U.S.C. Sec. 641 by converting to his own use $36,006 in federal funds. We reverse because the Government failed to prove that Collins converted property of the United States. 2 In late 1968, the Economic Opportunity Council of San Francisco ("EOC") entered into a contract with the United States Department of Labor whereby the Labor Department agreed to provide funding for certain poverty programs administered by the EOC. The Labor Department forwarded United States Treasury checks made payable to the EOC and marked for deposit in a special bank…