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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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