United States v. Doran

197 F. Supp. 3d 1347, 2016 WL 3546350, 2016 U.S. Dist. LEXIS 82013
CourtDistrict Court, N.D. Florida
DecidedJune 23, 2016
DocketCASE NO. 4:15cr10-RH/CAS
StatusPublished

This text of 197 F. Supp. 3d 1347 (United States v. Doran) is published on Counsel Stack Legal Research, covering District Court, N.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Doran, 197 F. Supp. 3d 1347, 2016 WL 3546350, 2016 U.S. Dist. LEXIS 82013 (N.D. Fla. 2016).

Opinion

STATEMENT OF REASONS FOR DENYING THE MOTION FOR JUDGMENT OF ACQUITTAL

Robert L. Hinkle, United States District Judge

The defendant, a university professor, stole $10,000 and diverted $350,000 from a student investment fund. A federal grand jury indicted the defendant on one charge: violating 18 U.S.C. § 666. The statute prohibits theft or misapplication of funds by an agent of an organization that receives more than $10,000 in federal benefits, including grants, in a one-year period. A [1350]*1350jury convicted the defendant after a full and fair trial—indeed, an extraordinarily clean trial, with no objections to the jury instructions and no meaningful evidentiary rulings adverse to the defendant.

The defendant moved for judgment of acquittal. This Statement of Reasons explains the ruling denying the motion. The case presents an easy sufficiency-of-the-evidence issue and a more difficult legal issue of first impression: whether applying the plain language of § 666 to this conduct exceeded the limit of congressional authority under the Spending Clause.

I. Facts

The defendant James S. Doran was a professor in the College of Business at Florida State University. One of his responsibilities—in addition to teaching classes and publishing scholarly articles— was to serve as the faculty adviser to the Student Investment Fund or “SIF.” The SIF was an actual investment fund that was established so that FSU business students could gain experience making and managing actual investments. It could be analogized to a law or medical school’s clinical program—students doing actual work in an effort to learn how to do it properly.

The SIF was organized as a not-for-profit corporation. It had an investment account at a brokerage house and also kept uninvested cash in a local bank account.

At the relevant times, the SIF’s funding came from two sources: an initial $100,000 private investment and a $1,000,000 investment by the FSU Foundation. The Foundation is a not-for-profit corporation that' solicits private contributions and supports FSU.

A. The Personal Account

Separate and apart from his work at FSU, Dr. Doran managed an investment account in the name of Implied Capital, LLC. The account has variously been described as his own “personal account” or as his “friends and family” account; funds in the account belonged to Dr. Doran himself as well as friends and family members. The account had nothing to do with FSU. This order sometimes refers to the account as the “personal account.”

The personal account was a margin account. This required the account to maintain capital or equity sufficient to meet the broker’s margin requirements, calculated in real time based on the actual (and fluctuating) value of the account’s investments. (EOF No. 76 at 180-81.) On May 20, 2010, the account suffered a “margin violation”—that is, the value of the account’s investments dipped below the required level. This resulted in the involuntary liquidation of an investment, decreasing the account’s unfunded investments, increasing the account’s cash, and curing the margin violation.

B. The Transfers

Six days later, on May 26, 2010, Dr. Doran moved $100,000 from the SIF’s bank account into the personal account. Dr. Doran made additional $100,000 transfers on June 8 and June 17, 2010, bringing the amount of SIF funds in the personal account to $800,000. Dr. Doran did not disclose the transfers to the SIF Board of Directors, the students, or anyone else. He would later claim—falsely—that the students had suggested and indeed insisted that he do this. (EOF No. 76 at 137; see also id. at 15.) And he would claim he gained no benefit from the transfers, even [1351]*1351though the transfers plainly improved the personal account’s margin position. (See id. at 195.)

In the fall of 2010, there were discussions about the need for an audit of the SIF, as required for all entities associated with FSU. On November 29, 2010, Dr. Doran met with the Dean of the College of Business, who also served as chair of the SIF Board of Directors. The Dean asserted that an audit was required. On the next day, November 30, Dr. Doran moved the $300,000 back from his personal account into the SIF bank account.

The funds stayed in the SIF bank account until after the end of the year. When no audit was commissioned, Dr. Doran began moving SIF funds back into his personal account. He transferred $100,000 on January 5, another $100,000 on January 14, another $100,000 on January 28, and finally $50,000 on March 18, all in 2011, for a total of $350,000. He did not disclose the transfers to the SIF Board of Directors, the students, or anyone else.

In June 2011, the FSU Foundation’s chief financial officer, who also served as a member of the SIF Board of Directors, again asserted that the SIF was required to undergo an audit. Dr. Doran angrily threatened to quit if an audit was undertaken. He says he was concerned only about having to devote time to an audit and he did not believe that, as the fund manager, he should have any role in arranging an audit.

Roughly a year after the second set of transfers, in February 2012, the SIF Board hired a certified public accountant to conduct an audit. The auditor quickly discovered that $350,000 was missing. Dr. Doran was confronted, he acknowledged moving the funds into his personal account, he said this was good strategy because it protected the funds from the risk of a bank collapse, and he immediately returned the funds, though without interest. Dr. Doran did not disclose the 2010 transfers totaling $300,000, but they were brought to light through follow-up audit procedures and an investigation by the FSU inspector general. Dr. Doran eventually paid interest on the funds transferred in 2011—and perhaps also on the funds transferred in 2010—as calculated by Dr. Doran and the CPA who conducted the audit. (Compare EOF No. 76 at 138-41 (testimony of university representative that interest was eventually paid only on the 2011 transfers, not on the 2010 transfers), with ECF No. 77 at 124 (testimony of Dr. Doran that the interest payment covered both sets of transfers).)

Members of the SIF Board of Directors were concerned that other investors in Dr. Doran’s personal account—his friends and family members—might later assert, if the account suffered a loss, that the loss should be borne partly by the SIF, which, after all, had been a participant in the account. The Board demanded, and Dr. Doran signed, an indemnity agreement, promising to hold the SIF harmless for any claims that might arise from these transactions.

C. The $10,000 Payment

Meanwhile, back in 2010, Dr. Doran hired Price Waterhouse Coopers to conduct a performance audit of his personal account. He agreed to pay a fee of $10,000. On July 26, 2010, Dr. Doran paid for the audit with a check drawn on the SIF bank account. He disclosed this to nobody. The transaction was discovered during the 2012 audit. When confronted about this at that time, Dr. Doran offered an explanation. He [1352]*1352would later offer a different, wholly inconsistent explanation.

The first explanation, as set out in an email Dr.

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Bluebook (online)
197 F. Supp. 3d 1347, 2016 WL 3546350, 2016 U.S. Dist. LEXIS 82013, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-doran-flnd-2016.