United States v. Thomas L. Eden

Good Law
659 F.2d 1376·9 Fed. R. Serv. 501·1981 U.S. App. LEXIS 16607
United States Court of Appeals for the Ninth CircuitOctober 26, 198180-1468California2,587 words

Opinion

Opinion

Claiborne, J.

On April 9, 1980, a federal grand jury for the Central District of California returned an eleven count indictment charging Thomas L. Eden with violations of 18 U.S.C. § 641 , embezzlement and conversion of government funds (seven counts), and 18 U.S.C. § 1001 , concealing material facts from the Department of Health, Education and Welfare (four counts).

Upon learning that a superseding indictment against the defendant was forthcoming, counsel for Eden moved the trial court for an order requiring certain exculpatory material (results of a polygraph test taken by defendant) to be presented to the grand jury. Eden’s motion was denied and the grand jury returned a superseding eleven count indictment on May 30, 1980.

Eden was a founder and president of Associated Colleges of California, referred to during trial as A.C.C., a business college which participated in student financing under the Federally Insured Student Loan (F.I.S.L.) program through what was then the Department of Health, Education, and Welfare. A.C.C. participated in four separate educational programs which were the subject of the grand jury investigation: 1) the Supplemental Educational Grants Program (S.E.O.G.), 2)…

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