United States v. Anthony Davis, 812 F.3d 1154

Anthony Davis, president of National Postal Mail Handlers Union Local 314, was convicted of embezzling union funds in violation of 29 U.S.C. § 501(c).
Evidence showed Davis submitted and received reimbursements for largely fictitious invoices (cleaning, catering, maintenance, computer equipment) and double-billed hotel charges, totaling $40,659.07.
Prosecutors introduced reimbursement forms, attached fictitious invoices, checks from Local 314, and unsubmitted invoices found in Davis’s vehicle and office.
Trial began with 12 jurors; after two jurors were lost over a weekend, the court delayed the trial three days to reconvene a full 12-member jury; Davis did not object at the time.
After the close of evidence the district court denied Davis’s motion for judgment of acquittal and refused his proposed jury instruction defining “unauthorized expenditure” to include a lack of good-faith belief that the expenditure benefited the union.

Issue	Plaintiff's Argument (United States)	Defendant's Argument (Davis)	Held
Sufficiency of the evidence	Evidence of numerous fictitious invoices, templates on his computer, and testimony supported conviction	Argued reimbursements mirrored a common practice and lacked proof of fraudulent intent	Affirmed — evidence viewed favorably to verdict supports finding of fraudulent intent under §501(c)
Jury instruction on "unauthorized expenditure"	Instruction properly allowed the jury to consider lack of union authorization as evidence of fraudulent intent	Requested instruction requiring proof Davis lacked a good-faith belief that expenditure benefited the union	Affirmed — court correctly rejected adding a good-faith-belief element; not required for §501(c) offense
Admission of checks and invoices	Checks and unsubmitted invoices were relevant to show pattern and that services were not rendered	Argued some checks/invoices were irrelevant and prejudicial	Affirmed — district court did not abuse discretion; documents made existence of fictitious billing more probable
Delay to reconvene 12 jurors	Short delay with juror instructions did not prejudice defendant; preserves right to full jury	Claimed three-day pause prejudiced fairness of trial	Affirmed under plain-error review — no plain error and instructions minimized prejudice

United States v. Thompson, 533 F.3d 964 (8th Cir. 2008) (standard for reviewing sufficiency of the evidence)
United States v. Welch, 728 F.2d 1113 (8th Cir. 1984) (fraudulent intent required for conviction under § 501(c))
United States v. Thordarson, 646 F.2d 1323 (9th Cir. 1981) (lack of good-faith belief is not an essential element of § 501(c))
United States v. Cantrell, 999 F.2d 1290 (8th Cir. 1993) (union authorization is evidence of fraudulent intent; lack of authorization not always essential element)
United States v. Plenty Chief, 561 F.3d 846 (8th Cir. 2009) (credibility determinations are for the jury)
United States v. Robinson, 781 F.3d 453 (8th Cir. 2015) (abuse-of-discretion standard for jury instruction review)
United States v. Thetford, 806 F.3d 442 (8th Cir. 2015) (abuse-of-discretion standard for admissibility of evidence)
United States v. Olano, 507 U.S. 725 (1993) (plain-error review framework)
United States v. Thomas, 451 F.3d 543 (8th Cir. 2006) (short continuance to preserve full jury not an abuse when precautions against prejudice are given)