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United States v. Love

United States Court of Appeals for the Eighth Circuit

December 13, 2007, Submitted; February 8, 2008, Filed

No. 07-1624

Opinion

 [*684]  MELLOY, Circuit Judge.

A jury convicted Mary Love of three counts of larceny within a special maritime and territorial jurisdiction of the United States and two counts of making a false statement to a federal agency. The district court 1 sentenced Love to 18 months' imprisonment on each of the five counts, to be served concurrently. Love challenges the sufficiency of the evidence supporting her convictions. We affirm.

I. Background

In light of the applicable standard of review, the following facts are recounted in the light most favorable to the verdict. United States v. Honarvar, 477 F.3d 999, 1000 (8th Cir. 2007). American Federation of Governmental Employees (the Union) is a union that represents  [**2] federal employees. Local 96 of the Union represents nurses and other employees in parts of the Veterans Affairs Medical Center in St. Louis, which is subject to the special maritime and territorial jurisdiction of the United States. The Union appointed Mary Love president of Local 96 in January 1997, and the members of Local 96 later elected Love to that position for a term to extend through 2007. Mary Love was the only full time officer of Local 96. Starting in January 2001, Danna France served as Local 96's treasurer.

As president, Love was the chief executive of Local 96, and her duties included supervising all aspects of Local 96's activities. Love received training from the Union on her fiduciary responsibilities as president of Local 96, which included making sure that financial reporting to the Department of Labor was accurate and that expenditures were approved by the membership as required. Love was one of the required signatories on Local 96's checks, and she reviewed every Local 96 check before signing it. Love also reviewed and certified as accurate the annual accounting forms required by the Department of Labor, known as LM-3 forms. In 2003, Love received a salary, known  [**3] as an allowance, from Local 96 of $ 350 per month. Allowances for officers are required  [*685]  to be approved by the membership of Local 96, and there was no record of such authorization for Love's allowance.

Members of Local 96 complained to the Union about the financial management of Local 96. In response, in early 2003, Michael C. Kelly, national vice president of the Union, requested Love provide the Union with financial records from Local 96. Love resisted complying with the Union's request. When Love eventually provided the Union with the records, Kelly expressed concern to Love. Kelly counseled Love about the lack of membership meeting minutes generally and the lack of authorization from the membership for expenditures, including Love's allowance. Kelly also discussed with Love his concerns about the failure of Local 96 to provide documentation or receipts for Local 96's expenditures. Kelly advised Love that, although Local 96 could make loans to members or executive officers, the Union did not encourage the practice. Further, Kelly informed Love that the membership had to approve any loan and that Local 96 had to maintain a record of the approval.

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516 F.3d 683 *; 2008 U.S. App. LEXIS 2774 **; 184 L.R.R.M. 2426

United States of America, Appellee, v. Mary Love, Appellant.

Subsequent History: Post-conviction relief denied at, Claim dismissed by, Certificate of appealability denied Love v. United States, 2011 U.S. Dist. LEXIS 86827 (E.D. Mo., Aug. 5, 2011)

Prior History:  [**1] Appeal from the United States District Court for the Eastern District of Missouri.

CORE TERMS

allowance, funds, false statement, convictions, membership, Lunch, advances, authorization, larceny, counts, executive board, territorial jurisdiction, maritime, checks, travel

Criminal Law & Procedure, Theft & Related Offenses, Larceny & Theft, Elements, Acts & Mental States, Mens Rea, Specific Intent, Fraud Against the Government, False Statements, Evidence, Testimony, Credibility of Witnesses, General Overview