United States v. Michele Delaine, 517 F. App'x 466

Delaine was convicted by jury of two counts of embezzlement and conversion of government funds under 18 U.S.C. § 641, with restitution and a civil penalty attributed to the government funds.
Indictment charged theft of Social Security benefits ($31,694) and Civil Service Retirement System benefits ($57,619).
Trial included evidence of deposits to and withdrawals from Account 9833, a joint account with the right of survivorship, post-Smith’s death.
Witnesses showed that after Smith’s death, Delaine knew the deposits’ source and that she received substantial estate distributions; she claimed the payments were estate-related or reimbursed by the estate.
Delaine admitted forging Smith’s signature on checks, and she challenged the sufficiency of intent to convert funds for her own use.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence of intent under § 641	Delaine knowingly converted government funds for her own use.	No proof of willful intent to convert funds; involvement was ambiguous or estate-related.	Sufficient evidence supported intent to convert
Admissibility of impeachment evidence under Rule 608(b)	Forgery-related checks used to impeach credibility were proper cross-examination material.	Extrinsic evidence of past forgeries violated Rule 608(b).	No error; cross-examination use permitted; checks were not admitted to jury
Ineffective assistance of counsel on direct appeal	Counsel’s discovery failures prevented introduction of evidence contradicting testimony.	Counsel's deficiencies prejudiced defense by excluding material evidence.	Record insufficient to determine prejudice; claim declined on direct appeal

Morissette v. United States, 342 U.S. 246 (1952) (intent may be inferred from totality of circumstances)
United States v. Washington, 702 F.3d 886 (6th Cir. 2012) (sufficiency review is deferential to jury verdict)
United States v. Al-Zubaidy, 283 F.3d 804 (6th Cir. 2002) (intent may be inferred from context)
United States v. McGahee, 257 F.3d 520 (6th Cir. 2001) (credibility and intent considerations support circumstantial evidence)
United States v. McRee, 7 F.3d 976 (11th Cir. 1993) (elements of conversion under § 641)
United States v. Chance, 306 F.3d 356 (6th Cir. 2001) (defendant's sufficiency challenges reviewed de novo)
United States v. Wettstain, 618 F.3d 577 (6th Cir. 2010) (evidence evaluation for sufficiency of intent)
United States v. Spearman, 186 F.3d 743 (6th Cir. 1999) (circuit precedent on circumstantial evidence)
United States v. Beverly, 369 F.3d 516 (6th Cir. 2004) (circumstantial evidence may sustain conviction)