United States v. Askia

Defendant appealed his conviction for misappropriating over $5000 in federal grant funds that were distributed to the organization that he managed to subsidize an after-school program for children, in violation of 18 U.S.C. 666(a)(1)(A). The Eighth Circuit held that section 666(a)(1)(A) is not a continuing offense and a defendant may not be charged for a section 666(a)(1)(A) offense committed outside the five-year statute of limitations. However, like the defendant in this case, when a defendant has committed the offense both within and outside the limitations period, he may be charged with violations committed within the limitations period. The court held that any error in admitting evidence related to expenditures outside the limitations period did not seriously affect the fairness, integrity or public reputation of the judicial proceedings. Furthermore, there was no error in admitting a purported grant application into evidence; any error regarding the admission of hearsay at a pre-trial release proceeding was moot; and the evidence was sufficient to support the conviction. View "United States v. Askia" on Justia Law