Tribal Immigration Scam

[RedGlitter]

Feds, `tribe' wage legal fight in immigration scam

By ROXANA HEGEMAN, Associated Press WriterTue Aug 5, 5:26 AM ET



When federal agents raided the offices of the Kaweah Indian Nation, Malcolm Webber told the arresting officer he had not committed fraud and was confused how he could be arrested on "sovereign soil," court documents show.

Now, almost a year later, Webber must defend himself against charges that he and his so-called tribe defrauded immigrants by claiming that tribal membership conferred U.S. citizenship. He is scheduled to go to trial Tuesday.

Prosecutors filed a motion on Monday to dismiss charges against the tribe, leaving the trial to focus on Webber alone.

His attorney, Kurt Kerns, told the federal judge last week that the defense will argue that Webber believed his actions were legal. In hopes of bolstering his argument that his client had no criminal intent, Kerns said he plans to introduce as evidence two books that he contends gave Webber the idea to sell tribal memberships to immigrants.

Webber, 70, of Bel Aire, also known as Grand Chief Thunderbird IV, is charged with two counts of harboring illegal immigrants, two counts of possession of false documents with intent to defraud the United States, two counts of conspiracy with intent to defraud the United States, one count of mail fraud and one count seeking criminal forfeiture.

Last year, federal prosecutors charged the tribe and 11 people in a 17-count indictment. Charges have been dismissed against two defendants, one remains a fugitive and seven others have pleaded guilty to reduced charges.

On Monday, Victor Orellana, 45, a Guatemalan native and legal U.S. resident who lives in Long Beach, Calif., pleaded guilty to failing to notify authorities of a crime.

Assistant U.S. Attorney Brent Anderson told the court that police seized $12,700 in cash from Orellana's home after finding Spanish-speaking people lined up outside it, waiting to buy tribal memberships for $600 each.

Orellana said before his plea hearing that he had been convinced the tribe's claims were true after coming to Wichita and seeing armed Kaweah tribal police driving official-looking vehicles.

The government plans to call 14 witnesses to testify, including two pastors, three co-defendants and several government officials, according to court documents. Kerns told the judge the defense intends to call four witnesses, including Webber.

Prosecutors contend the Kaweah Indian Nation defrauded legal and illegal immigrants by claiming tribal membership conferred U.S. citizenship and would allow them to obtain other benefits and documents, such as Social Security cards. Prosecutors say the tribe is fake. But even if it were real, tribal membership would not make someone a U.S. citizen.

Based on the defense's proposed jury instructions, Kerns appears ready to raise the issue that the Kaweahs are a tribe, albeit one not recognized by the federal government, and that Webber may be an Indian.

The defense wants jurors to be instructed that a group of Indians can call itself a tribe and be recognized as such by other tribes. It also wants the jury instructed that to determine who is an Indian the person must have some Indian blood and identifiable Indian history and the Indian community must recognize the person as an Indian.

The judge has not ruled on proposed jury instructions and is not likely to do so until after all testimony.

Questions about the legitimacy of Webber's tribe and his Indian ancestry have dogged the tribe and its self-proclaimed chief since its beginnings.

In its 1984 ruling against federal acknowledgment, the Bureau of Indian Affairs found that the Kaweah Indian Nation Inc. did not exist before 1980 when it was formed under the leadership of Webber, a non-Indian. The BIA called it an urban Indian interest group from Porterville, Calif., that had no relation to the aboriginal Kaweah Indians.

The BIA finding documented the tribe's contentious history, noting it was formed as a result of an internal dispute with a similar group formed by Webber in 1976, the United Lumbee Nation of North Carolina and America, Inc. It also noted his tumultuous relationship with Oatman, Ariz., residents and his conviction there on a sex-related charge.

Webber has likened his tribe's struggles to the Indian militants who occupied Wounded Knee, S.D., for 71 days in 1973.

While in Oatman, he sent letters to Nevada's governor and the BIA, telling them, "Our people (Kaweahs) are mad and we are trying to hold our warriors back from causing trouble in Oatman and against the Mohave CountySheriff's Department ... before you know it the Mojaves and Hualapais will get into the act. It will make Wounded Knee look like and (sic) Sunday School picnic," according to the BIA report.

[chonsigirl]

The Kaweah Indian Nation is not a federally recognized tribe. You cannot sell membership to be put on tribal rolls. It was a unique ploy to offer tribal membership which would automatically confer American citizenship-it could technically be held up under the 1924 law, but useless in this case since they are not a tribal entity. Only one tribe has dual citizenship status with the US and Mexico, and it is not this group. This story is all about a big scam, very sad.

[RedGlitter]

Only one tribe has dual citizenship status with the US and Mexico,


Thanks Chonsi, which tribe is that? I'm curious.

I was amused when I got to the end and they mentioned Oatman and the Mojaves as that's on my home ground.

[chonsigirl]

Kickapoo, one band of them lives in Mexico and that is why the dual citizenship.

Oh, you know it is not the real Mohaves and all. Are you down by the Colorado River Rez, where the four tribes live together?

[RedGlitter]

Oh Kickapoo, okay. Thank you.

I live in Fort Mohave by the Colorado River and the reservation is about 15-20 minutes away from me.

[chonsigirl]

That is a nice rez, I once talked to one of the older tribal leaders once when I did my dissertation. (I had to send out a letter to all reservations in California to notify them I was writing on this particular topic) It was one of the nice things that popped up. When I pulled up the maps and lists of names from my research, they were able to trace back where some families had been relocated in the 1940s, Manzinar was Mohave land, and many were displaced to make the Internment camp. Cousins and aunts, family members that were located on three differents reservations, now knew where they were. The man called me and told me who they were, and I passed on the information to grad students from those tribes and they found each other again. I have loads of maps of old Mohave rez's and other tribal groups, that is what I do.

[RedGlitter]

Chonsi, that's very cool. And very interesting. By any chance did you happen to speak with Lew (think that's his name) Barrackman?

[chonsigirl]

I do not remember the name, it was in '99. It was an older man and the only name I wrote down from calls was from up in Auburn. (because I used her quote) Isn't Barrackman tribal leader, or the VP one?

[RedGlitter]

I'm not positive Chonsi but I'm thinking he was the tribal leader-but I may be wrong. Probably am, in fact. I know he was very important around here.

ETA:

Was bugging me so I looked it up. Barrackman is the tribal chairman. Sorry about that. Anyway I'd like to hear more if you have some time.