United States v. Ezeta, No. 12-10304 (9th Cir. 2014)
Annotate this CaseThe government appealed the district court's dismissal of an indictment against defendant for financial aid fraud. Defendant, a counselor and professor at a community college, assisted students in obtaining federal financial aid by falsifying and electronically submitting FAFSA forms. The court concluded that 20 U.S.C. 1097(a) does not require a defendant to personally receive or exercise control over federally insured funds obtained by fraud. The court held that the statute encompasses the act of taking money from the government via false statements and causing it to be disbursed by others. Accordingly, the court concluded that the district court erred in dismissing the indictment and reversed and remanded.
Court Description: Criminal Law. Reversing the district court’s dismissal of an indictment charging financial aid fraud in violation of 20 U.S.C. § 1097(a), the panel held that § 1097(a) does not require the government to prove that the defendant personally received or exercised dominion or control over the federally insured funds. The panel held that the statute encompasses the act of taking money from the government via false statements and causing it to be disbursed to others.
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