United States v. Clemens Rolph Johnson

Appellant was indicted, tried by a jury, and convicted of: (1) two counts of theft of federal funds in violation of 18 U.S.C. § 641 ; (2) two counts of making false statements to a federal agency in violation of 18 U.S.C. § 1001 ; and (3) eight counts of embezzlement of union funds in violation of 29 U.S.C. § 501 (c). He was sentenced to a term of five years imprisonment on each count, the terms to run concurrently and fined a total of $24,000.00. He appeals. We affirm.

FACTS

The San Francisco Redevelopment Agency, a public agency of the City and County of San Francisco, California, pursuant to Title I of the Housing Act of 1949, 42 U.S.C. §§ 1450 , 1451 and 1453, entered into contracts with Local 261 of the International Laborers Union in connection with certain public park and mall maintenance and public weed abatement services. The funds for these projects were provided to the Redevelopment Agency by the Department of Housing and Urban Development pursuant to 42 U.S.C. §§ 1450 and 1453.

Under the terms of the contracts with the union, the funds for public park and mall maintenance and for public weed abatement services were deposited in separate identifiable accounts in the…