United States District Court, S.D. West Virginia, Charleston
MEMORANDUM OPINION AND ORDER
A. Faber Senior United States District Judge.
before the court are three pretrial motions filed by the
defendant. ECF Nos. 15, 16, 17. The court heard argument on
each motion at the April 19, 2018 pretrial motions hearing.
For the reasons placed on the record, defendant's Motion
to Strike Surplusage from Indictment was
DENIED, (ECF No. 15), and defendant's
Motion under Rule 12(b)(4)(B) iwas DENIED as
moot, (ECF No. 16).
hearing, the court took under submission defendant's
Motion for Bill of Particulars as to Count Three. ECF No. 17.
For the reasons that follow, the court
DENIES defendant's motion.
Doty, a prior employee of the Logan County Board of Education
(“LCBOE”), is charged with embezzling items from
and improperly using funds of the LCBOE. ECF No. 1. The
Indictment charges her with stealing at least 20 Apple, Inc.
products (iPods and iPads) worth more than $12, 000 and
ordering more than $6, 800 in wedding supplies with LCBOE
money. Id. The Indictment charges Doty with a total
of five (5) counts, including wire fraud, theft concerning
programs receiving federal funds, and mail fraud.
to defendant's motion for a bill of particulars, Count
Three charges Doty with a violation of 18 U.S.C. 666(a)(1)(A)
which prohibits embezzlement from organizations receiving
federal funds. ECF No. 1 at p.10. The statute in relevant
(a) Whoever, if the circumstance described in subsection (b)
of this section exists-
(1) being an agent of an organization, or of a State, local,
or Indian tribal government, or any agency thereof-
(A) embezzles, steals, obtains by fraud, or otherwise without
authority knowingly converts to the use of any person other
than the rightful owner or intentionally misapplies, property
(i) is valued at $5, 000 or more, and
(ii) is owned by, or is under the care, custody, or control
of such organization, government, or agency shall be fined
under this title, imprisoned not more than 10 years, or both.
(b) The circumstance referred to in subsection (a) of this
section is that the organization, government, or agency
receives in any one year period, benefits in excess in $10,
000 under a Federal program involving a grant, contract,
subsidy, loan, guarantee, insurance, or other form of Federal
18 U.S.C. 666(a)(1)(A).
Indictment limits Count Three to Doty's alleged
embezzlement of Apple, Inc. products, which, in the
aggregate, are valued at more than $5, 000. ECF No. 1 at
p.10. The government's 14-page “speaking”
Indictment details Doty's conduct: LCBOE ordered at least
350 iPods and iPads from Apple between September 2011 and
November 2013. Doty stole at least 20 of these devices. As
examples, in August 2011, Doty purchased ten (10) iPods for
$2, 990 paid with LCBOE funds. Seven (7) of these iPods were
later sold on an eBay account registered to one of Doty's
relatives. In July 2013, Doty purchased six (6) iPads for $3,
924 paid with LCBOE funds. Four (4) of these iPads were
eventually registered to members of defendant's family.
In December 2013, Doty purchased four (4) iPods for $1, 180
using a LCBOE purchasing card. ...