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Department of Justice Logo 

U.S. Department of Justice

United States Attorney
Northern District of California

 

11th Floor, Federal Building
450 Golden Gate Avenue, Box 36055
San Francisco, California  94102

FOR IMMEDIATE RELEASE
 

 

Tel: (415) 436-7200
Fax: (415) 436-7234

 

June 19, 2003

The United States Attorney's Office for the Northern District of California announced that Curtis F. Anderson, Jr. and Stanley Malicay were each convicted by a federal jury today of one count of theft of funds in excess of $1,000 from an Indian tribal organization in violation of 18 U.S.C. § 1163, one count of conspiracy to steal funds from an Indian tribal organization in violation of 18 U.S.C. § 371, one count of mail fraud in violation of 18 U.S.C. § 1341, and one count of wire fraud in violation of 18 U.S.C. § 1343.  The convictions followed a seven-day jury trial before U.S. District Court Judge William H. Alsup.

Mr. Anderson, 56, of Nice, California, and Mr. Malicay, 60, of Nice, California were indicted by a federal grand jury on December 4, 2002.  Mr. Anderson and Mr. Malicay are members of the Robinson Rancheria Band of Pomo Indians of Lake County, California (hereafter "the Tribe").  Mr. Anderson was the Chairperson of the Tribe between 1997 and 1999, and Mr. Malicay served as the Tribe's economic development advisor in 1997 and 1998.

The government alleged that Mr. Anderson and Mr. Malicay conspired to steal funds belonging to the Tribe.  The indictment alleged that Mr. Anderson and Mr. Malicay diverted the Tribe's funds to themselves in 1998 by issuing a $25,000 check drawn on the Tribe's account to a third-party contractor, who agreed to kick back a portion of that payment to Mr. Anderson and Mr. Malicay personally.  The indictment further alleged that Mr. Anderson and Mr. Malicay committed wire and mail fraud in connection with a loan application filed on behalf of the Tribe in 1998.  The indictment alleged that a third party contractor agreed, in connection with the loan application, to provide Mr. Anderson and Mr. Malicay with a false invoice purporting to show that the contractor had sold the Tribe $75,000 worth of goods.  According to the indictment, Mr. Malicay then submitted this false invoice to the lender in support of the Tribe's application.

In addition to the convictions, the defendants were acquitted of one count of conspiracy, one count of theft from a gaming establishment on Indian lands, and one count of theft from an Indian tribal organization.

The maximum statutory penalty for each count in violation of §§ 371 and 1163 is five years in prison and a fine of $250,000, plus restitution.  The maximum statutory penalty for each count in violation of §§ 1341 and 1343 is 20 years in prison and a fine of $250,000, plus restitution.  However, the actual sentence  will be dictated by the Federal Sentencing Guidelines, which take into account a number of factors, and will be imposed in the discretion of he Court.  The sentencing of Mr. Anderson and Mr. Malicay is scheduled for September 23, 2003 before Judge Alsup in San Francisco.

The prosecution is the result of a one-year investigation by Special Agents of the California Department of Justice, Division of Gambling Control, Compliance and Enforcement Section.  Haywood S. Gilliam, Jr. and Ismail Ramsey are the Assistant U.S. Attorneys who are prosecuting the case with the assistance of Legal Secretary Jessica Chavez. 

A copy of this press release may be found on the U.S. Attorney's Office's website at www.usdoj.gov/usao/can.  Related court documents and information may be found on the District Court website at www.cand.uscourts.gov or on http://pacer.cand.uscourts/gov.

All press inquiries to the U.S. Attorney's Office should be directed to Assistant U.S. Attorney Matthew J. Jacobs at (415)436-7181.

Matt Jacobs' Signature