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ALLEGED CRIMINAL WRONGDOING
BY CHIEF JOE BYRD AND
MEMBERS OF HIS ADMINISTRATION
The below named individuals are alleged to have violated the
criminal laws of the
Cherokee Nation, These individuals, except for Bob Powell, have
been charged with
numerous violations and are pending hearings in the District Court
of the Cherokee
Nation. Powell, because he is a non Indian was not charged; however,
he is unindicted
co-conspirator. It is also alleged these same individuals have violated
federal criminal laws
related to the willful misuse and misappropriation of federal and
tribal funds.
(See the United States code Annotated, 18 U.S.C.A. 286-287, conspiracy
to
defraud the government and false or fraudelent claims; also reference
18 U.S.C.A. 1163,
misuse or embezzlement of tribal funds and 25 U.S.C.A, 450 d,
for willful misuse of appropriations of federal funds provided
under a self-governance
agreement..)
1. Cherokee Nation v. Joe Byrd --Joe Byrd, Principal Chief Complaint
and information filed on March 27, 1997, Case# CR-97-11, Charge:
Conspiracy to Obstruct Justice,
violation of 21 CNCA 421(A) (5), conspired with Irvin Rock, James
R "Bob" Powell,
George Thomas and Jennie Battles and acted overtly commencing on
February
25, 1997, to deter law enforcement officers from engaging
in a lawful criminal
investigation into the alleged misappropriation of tribal
and federal monies entrusted to
the care of the Cherokee Nation.
Cherokee Nation v. Joe Byrd Complaint and Information filed
April 11,1997, case # CR-97-07, Charge: Diversion of Nation Funds , violation
of 2I CNCA 1463, to wit: diverted the sum of $64,984.03 on December
20,1996, to pay the law firm of Swidler and Berlin. Such funds were
not appropriated by the Tribal Council pursuant to the Constitution
of the Cherokee Nation, Article X, Section 8. (Jennie Battles, noted
below, was also charged in connection with this transaction.)
Cherokee Nation v. Joe Byrd Complaint and information filed
on April 24, 1997, Case #
CR-97-16, Charge: Diversion of Nation Funds, violation 21
CNCA 1463, to wit: between
July 26, 1996 and continuing through December 20, 1996, Joe Byrd
diverted $23,419. 75 to
pay for a contractor to work for the Democratic National Committee.
Such funds were not
appropriated by the Tribal Council Pursuant to the Constitution
of the Cherokee Nation,
Article X, Section 8. A portion of this sum amount is derived from
federal appropriations.
2. Cherokee Nation v. Jennie Battles.Jennie Battles, Secretary\Treasurer,
Chief Financial
Officer Complaint and information filed April 11, 1997, Case
#CR-97-07, Charge:
Diversion of Funds, violation of 21 CNCA 1463, to wit: diverted
the sum of $64,984.03 on
December 20, 1996, to pay the law firm of Swidler and Berlin
such funds were not
appropriated by the Tribal Council pursuant to the Constitution
of theCherokee Nation.
Article X, Section 8. (Joe Byrd , as noted above, was also charged
in connection with this
transaction.)
Cherokee Nation v. Jennie Battles. Complaint and Information filed
March 31, 1997,
Case #CR-97-13, Charge: Conspiracy to Obstruct Justice, violation
of 21 CNCA 421 (A)
(5) commencing on February 25, 1997, conspired with IRVIN ROCK,
JAMES R. "BOB"
POWELL, GE0RGE THOMAS, AND JOE BYRD and acted overtly to deter law
enforcement officers from engaging in a lawful criminal investigation
into the alleged
misappropriation of tribal and federal monies entrusted to the care
of the Cherokee
Nation.
Cherokee Nation v. Jennie Battles. Complaint and Information
filed April 15, 1997, Case
#CR-97-15, Charges: Three Counts of Diversion of Nation
Funds, violation of 21
CNCA 1463, to wit: Count 1, made payment
on October 10, 1996, to the law firm of
Pezold, Richey, Caruso, and Barker the sum of $28,110.15 from federal
funds entrusted to
the nation's care for programs appropriated by the U.S. Congress
for the benefit of
Indians. Said funds were not authorized by the Tribal Council
pursuant to the Constitution
of the Cherokee nation, Article X, Section 8. Nor, were said funds
authorized to pay
attorney fees by the Congress of the United States.
Cherokee Nation v. Jennie Battles. Count 2, made
payment on January 13, 1997, to the
law firm of Pezold, Richey, Caruso, and Barker the sum of $18,627.65
from federal funds
entrusted to the Nation's care for programs appropriated by the
U.S. Congress for the
benefit of Indians. Said funds were not authorized by the
Tribal Council pursuant to the
Constitution of the Cherokee Nation. Nor, were said funds
authorized by the Congress of
the United States to pay attorney fees.
Cherokee Nation v. Jennie Battles. Count 3, made payment
on January 14, 1997, to the
law firm of Pezold, Richey, Caruso, and Barker the sum of
$41,230.94 from federal funds
entrusted to the Nation's care for programs appropriated by the
U.S. Congress for the
benefit of Indians. Said funds were not authorized by the
Tribal Council pursuant to the
Constitution of the Cherokee Nation. Nor, were said funds
authorized by the Congress of
the United States to pay attorney fees.
Cherokee Nation v. George Thomas Complaint and Information
filed March 31, 1997,
Case #CR-97-13, Charge: Conspiracy to Obstruct Justice, violation
of 21 CNCA 421 (A)
(5) conspired commencing on February 25, 1997, with IRVIN ROCK,
JAMES R. "BOB" POWELL, JENNIE BATTLES, AND JOE BYRD and acted overtly to
deter law enforcement officers from engaging in a lawful criminal investigation
into the alleged misappropriation of tribal and federal monies entrusted
to the care of the Cherokee Nation.
Cherokee Nation v. George Thomas Complaint and Information
filed April 1, 1997, Case
#CR-97-14, Charge: Diversion of Funds, violation of 21 CNCA 1463,
on or about August
16, 1996 and August 20, 1996, Thomas authorized, the payment of
$10,023.75 designated for the exclusive use of the Cherokee Nation Court
to pay the salary of James Robert "Bob" Powell. Said funds were not appropriated
for such purposes by the Tribal Council prusuant to the Constitution of
the Cherokee Nation, Article X, Section 8. Nor, was the position of Inspector
General authorized to be funded.
Cherokee Nation v. Irvin Rock Complaint and Information filed
March 31, 1997, Case
#CR-97-13, Charge: Conspiracy to Obstruct Justice, violation of
21 CNCA 421 (A)(5),
conspired commencing on February 25, 1997, with JAMES R. "BOB" POWELL,
JENNIE
BATTLES, GEORGE THOMAS, AND JOE BYRD, and acted overtly to deter
law
enforcement officers from engaging in a lawful criminal investigation
into the alleged
misppropriation of Tribal and Federal monies entrusted to the care
of the Cherokee
Nation.
JAMES ROBERT 'BOB' POWELL--non-Indian and Unindicted Co-conspirator
was not
charged but he conspired with the rest with Conspiracy to
Obstruct Justice because the
Cherokee Nation Court lacks jurisdiction to charge a non-Indian
for a criminal charge
prusuant to the limitations of federal law. Nonetheless, it is alleged
Bob Powell conspired
to obstruct justice in violation of 21 CNCA 421 (A) (5), with IRVIN
ROCK, GEORGE
THOMAS, JENNIE BATTLES, AND JOE BYRD and acted overtly to deter
law
enforcement officers from engaging in a lawful criminal investigation
into the alleged
misppropriation of Tribal and Federal monies entrusted to the care
of the Cherokee
Nation.
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