United States v. Richard Edward Brame

I. BACKGROUND

Appellant Richard Edward Brame was indicted on December 12, 1979 for embezzling funds from an Indian tribal organization in violation of 18 U.S.C. § 1163 . The indictment alleged that appellant embezzled approximately $7,816.47 while he was executive director of the Hopi Tribal Housing Authority (“HTHA”).

Appellant was convicted in a trial by jury and thereafter sentenced.

Appellant moved the trial court for acquittal under Rule 29, Federal Rules of Criminal Procedure, claiming that the government failed to prove that the funds embezzled were from an “Indian tribal organization,” as required by 18 U.S.C. § 1163 . Appellant’s motion was denied.

Appellant filed this appeal in forma pauperis.

II. ISSUE PRESENTED

Did the district court err in ruling that the embezzled funds belonged to an “Indian tribal organization”?

III. DISCUSSION

Appellant was convicted under 18 U.S.C. § 1163 , which provides that:

The section further provides that “the term ‘Indian tribal organization’ means any tribe, band, or community of Indians which is subject to the laws of the United States relating to Indian affairs or any corporation, association, or group which is organized under…