United States v. Robert Lee Milton

Milton was convicted on three counts of presenting false claims to a department of the United States in violation of 18 U.S.C. § 287 . On appeal, Milton argues that the district court erred in failing to instruct the jury that an intent to defraud was an essential element of the crime. We disagree and affirm his conviction.

I. FACTS

Milton was the executive director of the Portland Progress House, a halfway house for federal prisoners. He was employed by the Progress House Association with the Rev. Leo Brown as his supervisor.

The Progress House entered into a contract with the Bureau of Prisons under which the Progress House was paid $25.00 per day by the U.S. Marshal’s Office for each prisoner who resided in their facility. However, the Progress House was authorized to collect $15.00 per day rent from each resident prisoner. If this had been done, then the Progress House would have been required to deduct the amount of any rent received from the prisoners from the amount which was billed to the government.

At trial, it was shown that Milton had submitted claims for the full $25.00 per day without making the appropriate deductions for the amounts which had been collected from…