US v. Paixao, No. 16-50121 (3-22-18)(Graber w/Hurwitz & Korman).

The 9th affirms a conviction for taking federal property from an organization receiving more than $10,000 in annual federal benefits. The opinion turns on what defines “benefits” under 18 USC 666. The organization here was a veterans’ foundation established to train veterans to get into the film industry. The defendants misused funds for personal costs. The argument was that the benefits provided — tuition reimbursement for educational training, including to the foundation — were not benefits that allowed prosecution. The 9th concluded that a jury could find such benefits were provided, and that the imposed regulations for such grants suggest benefits.

The decision is here:

http://cdn.ca9.uscourts.gov/datastore/opinions/2018/03/22/16-50121.pdf