South Carolina theft from Indian tribal organization is a felony offense that involves the theft, embezzlement, or misapplication of funds, property, or services from a federally recognized Indian tribal organization. The crime is punishable by up to 10 years in prison and/or a fine of up to $250,000. There are two main types of South Carolina theft from Indian tribal organization: grand theft and embezzlement. Grand theft involves taking property or services with the intent to permanently deprive the victim of the property or services, while embezzlement involves misappropriating funds that were already entrusted to the defendant. Both offenses carry the same penalties.
South Carolina THEFT FROM INDIAN TRIBAL ORGANIZATION
State:
South Carolina
Control #:
SC-FEDDC-JURY-18-1163-CR
Format:
Word
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Description
Official Pattern Jury Instructions for Criminal Cases in Federal District Court of South Carolina. All converted to Word format. Please see the official site for addional information. http://www.scd.uscourts.gov/pji/
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Section 1163 of Title 18 makes embezzlement, theft, criminal conversion, and wilful misapplication of funds belonging to a tribal organization a crime. It is a felony if the amount taken exceeds $100, and is subject to imprisonment for a maximum of 5 years, a fine pursuant to 18 U.S.C. § 3571, or both.
American Indians and Alaska Natives are protected by federal civil rights laws.
Generally, a tribe can only be sued in contract if the agreement explicitly waived tribal immunity; a waiver will not be implied. Nonetheless, the U.S. Supreme Court recently held that a contractual agreement to arbitrate disputes constitutes a clear waiver of immunity.
The Catawba, who are the only federally recognized tribe in South Carolina today, were one of the four main Native American tribes living in present-day South Carolina during the American Revolution. The other three were the Cherokee, Creek, and Cusabo.
As U.S. citizens, American Indians and Alaska Natives are generally subject to federal, state, and local laws. On federal Indian reservations, however, only federal and tribal laws apply to members of the tribe, unless Congress provides otherwise.
Put simply, the rule is that Indian Tribes cannot be sued in any court unless the federal congress has passed, and the president has signed, legislation waiving the tribe's immunity or the tribe itself has waived its immunity.
You cannot be denied employment, harassed, demoted, terminated, paid less, or treated less favorably because of your race, color, religion, sex, sexual orientation, gender identity, national origin, disability or status as a protected veteran.
South Carolina developed the greatest Indian trading empire in all the colonies. Much trade was conducted with the Cherokee. They lived in the piedmont and mountain regions of South Carolina but their nation extended over the Appalachian Mountains into present day Georgia, North Carolina and Tennessee.