US v. Livingston, No. 11-10520 (8-7-13)(Christen with Graber and Tunheim, D.J.).
The statute 18 USC 1168(b) criminalizes theft by an officer or employee of a gaming establishment on Indian land. However, even though "Indian Lands" is in the title, it is not an element, because the Commission in charge of gambling licenses only looks to the tribe, and not whether it occurs on Indian land. The 9th also holds that the indictment was not defective; and was not vague as to allegations of mail fraud. FRE 404(b) evidence of purchase of a football helmet and golf bag with a tribal credit card was properly admitted to show intent and lack of accident.