United States v. Gatling

Cheryl Walker and Jennifer Gatling (defendants) were employees at the District of Columbia’s Department of Public and Assisted Housing (DPAH). Walker was Gatling’s supervisor. DPAH administered the section 8 federal housing-assistance program. The section 8 program provided subsidies to Washington, DC, residents who met certain income requirements and were on the waitlist, which was divided into categories based on need. Regulations required that the subsidies be allocated by need and according to position on the waitlist. Ten percent of subsidies could be allocated on a discretionary basis. Applications were required to be made in person, except for elderly and disabled applicants. Walker and Gatling engaged in two schemes to provide improper subsidies. The first scheme provided Chicago residents with subsidies via the mail. Anthony Bufford, a friend of Walker’s sister, arranged for two individuals to receive subsidies in exchange for money. Walker directed Bufford to contact Gatling who assisted with both applications. Walker received $1,000 for the first application, and Gatling received $1,000 for the second application. The applications were approved in June 1991 and March 1992, respectively. The other scheme provided DC residents with subsidies in person. Darnell Jackson and Rodney Knight brought applicants directly to Gatling at DPAH to submit applications for subsidies in exchange for $500 each. The scheme took place from September 1991 through April 1992. Two witnesses involved in this scheme testified that Gatling was splitting the money with Walker and that Walker assisted Gatling with completing paperwork for the subsidies. Between July 1991 and October 1992, Walker deposited $6,000 into her children’s savings accounts. Walker and Gatling were charged with and convicted of conspiring to accept bribes in return for section 8 subsidies. Walker and Gatling appealed to the United States Court of Appeals for the District of Columbia Circuit.