What is the test for determining whether federal funds constitute benefits under a Federal program?

MultiRegion, United States of America

The following excerpt is from U.S. v. Zyskind, 118 F.3d 113 (2nd Cir. 1997):

18 U.S.C. 666 (emphases added). "The term 'Federal program' means that there must exist a specific statutory scheme authorizing the Federal assistance in order to promote or achieve certain policy objectives." S.Rep. No. 98-225, at 370 (1983) ("Senate Report"), reprinted in 1984 U.S.C.C.A.N. 3182, 3511; see also United States v. Rooney, 986 F.2d 31, 35 (2d Cir.1993) (relevant inquiry in determining whether federal funds constitute "benefits ... under a Federal program" is "whether the funds disbursed can be considered Federal assistance within a specific statutory scheme intended to promote public policy objectives").

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