The Byron White United States Courthouse in Denver, Colorado, houses the 10th Circuit Court of Appeals. Photo by Dtobias via Wikipedia
A former employee of the Paiute Tribe of Utah lost his bid to overturn his convictions in a fraud case. Jeffrey Charles Zander, was found guilty of two counts of mail fraud, two counts of wire fraud, one count of money laundering, and three counts of willful failure to file federal tax returns. Federal prosecutors presented evidence that showed he diverted Bureau of Indian Affairs grant money that was meant for the tribe to his own bank accounts. Zander disputed his convictions on the mail fraud, wire fraud, and money laundering counts. But the 10th Circuit Court of Appeals last week rejected his arguments as "unpersuasive" and filled with "speculation." At the same time, the court agreed that his 68-month sentence was too high because it was based on losses to the tribe that shouldn't have been considered. "Based on the government’s concession, we will reverse and remand for resentencing in accordance with this corrected loss calculation," Judge Monroe G. McKay wrote in the unanimous decision. On a second issue, McKay said the restitution amount might be to high. Zander was ordered to pay $202,543.92 to the tribe but that figure may have included costs that may not be directly related to his crimes. "The district court likewise failed to consider whether the tribe’s other claimed losses were directly and proximately caused by defendant’s crimes of conviction," McKay wrote. "We will not attempt to resolve these disputed, fact-intensive questions for the first time on appeal, but rather leave these questions for the district court to decide in the first instance on remand." Zander worked as the tribe's economic development director and trust resource director. He eventually convinced the tribe to give him the title of general counsel, which came with a pay raise, even though he lacked a license to practice law. The tribe fired Zander in March 2008 after learning of his scheme. He then went to work for Redwood Region Economic Development Commission in California, The North Coast Journal reported. He resigned that job after questions were raised about his credentials. He once spent four months in military prison for falsifying his legal background, the Journal reported. Get the Story:
Appeals court upholds convictions of ex-tribal official (The St. George Spectrum 7/28) 10th Circuit Court of Appeals:
US v. Zander (July 24, 2015)
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