United States v. Antonio R. Cabrera

Antonio R. Cabrera once held a responsible position in the government of the Commonwealth of the Northern Mariana Islands (CNMI). He now appeals his conviction on three counts of violating 18 U.S.C. § 666 for theft from a program receiving federal funds. Section 666 of Title 18 is a broad statute designed to protect the financial integrity of programs receiving federal funding. For criminal liability to exist, the value of the stolen property must exceed $5,000.

The only significant legal question before us is whether the government was required to prove that the theft had some effect on a program receiving federal funds. Whether this federal nexus is required is an open question in this circuit. We leave the question open, for we hold that, assuming there is such a requirement, it was more than satisfied here. Cabrera was the Secretary of Finance for the Commonwealth. It was his job to account for the receipt and disbursement of all Commonwealth funds from federal or Commonwealth sources. He stole from the funds within his control, which included substantial federal funds. Any requirement of a federal nexus was clearly met.

The appellant served as the Secretary of Finance for…