United States v. Freeman

OPINION

ORRICK, District Judge.

The motion to dismiss Count II of the indictment raises the question whether it is a crime under 18 U.S.C. § 641 to withhold from the United States and to convert to one’s own use moneys which were privately earned through the improper application of federal grant funds. The Court finds that it is not and, accordingly, grants the motion.

I

On June 23, 1977, defendant Edward Freeman, Sr. was indicted on four counts 1 arising from his role in the administration of federal grant funds. At all times relevant to the indictment, Freeman was, variously, the Program…