U.S. v. Bowling

Dist. Ct. had jurisdiction over instant charge under 18 USC section 666 of theft from local govt. that received federal funds, arising out of scheme, where defendant ordered $1.3 million worth of computer equipment on City of Gray, Indiana vendor accounts and then selling said equipment for cash. While defendant argued that Dist. Ct. lacked jurisdiction because City Dep’t. where defendant worked and ordered equipment did not receive any federal funds, Dist. Ct. had subject-matter jurisdiction under 18 USC section 3231 to hear case, and any failure to establish federal funds element goes only to merits of case and not to Dist. Ct.’s authority to hear case. Moreover, federal funds element was satisfied as long as City as whole received more than $10,000 in federal funds. Also, lay witness could properly testify that she believed that there was “some kind of fraud” going on at time she received email from defendant, since said testimony concerned only witness’ personal thoughts upon receiving email and not her opinion that defendant had in fact committed fraud regarding defendant’s computer orders. Also, Dist. Ct. could impose two-level enhancement for obstruction of justice, where defendant had faked mutism that caused one-year delay in her trial.