Four cases dismissed in alleged misuse of slush funds
By Marley Shebala
Navajo Times
WINDOW ROCK, Ocober 1, 2012
T he Navajo Nation Special Prosecutors announced on Sept. 28 that they are dismissing civil charges of fraud against five of the tribe's council delegates including Danny Simpson, Jonathan Nez, George Apachito, Charles Damon II, and Lorenzo Curley.
The civil charges are related to the alleged misuse of discretionary funds by some former and current elected officials.
The Special Prosecutors, which is the Rothstein, Donatelli, Hughes, Dahlstrom & Schoenburg Law Firm of Tempe, Ariz., said that their decision to dismiss charges against Simpson (Becenti/Crownpoint/Huerfano/Lake Valley/Nageezi/Nahodishgish/Tse'ii'ahi/ Whiterock), Nez (Navajo Mountain/Oljato/Shonto/Ts'ah bii Kin), Apachito (Alamo/Ramah/Tohajiilee), Damon II (Baahaali/Chichiltah/Manuelito/Red Rock/Rock Springs/Tsayatoh), and Curley (Houck/Klagetoh/Lupton/Nahata Dziil/Wide Ruins) was because the facts and the law do not justify continued legal proceedings that were filed in July 2011.
The prosecutors added that their decision was also based on their review of evidence and because the five delegates fully cooperated with them.
They noted that a number of delegates misused the slush funds to improperly benefit close family members.
Some delegates approved grants from the discretionary funds by having one delegate approve payments to family members of another delegate, and vice versa, even though Navajo law prohibits delegates from using his or her position to benefit himself and, or his immediate family.
The special prosecutors said that the abuses of the slush fund involved large sums of money.
This is the second group of delegates that the special prosecutors have asked the court for dismissal of their charges.
In July, the prosecutors asked the Windo w Rock District Court to dismiss fraud charges against current Attorney General Harrison Tsosie, former Attorney General Louis Denetsosie and Delegates LoRenzo Bates and Leonard Tsosie.
The court granted their request in August.
And when the special pros
ecutors asked for the dismissals against the four officials in July, they also informed the court that they would file criminal complaints against 10 of the 15 defendants.
The law firm of Rothstein, made the announcement in a motion to the court to extend their investigation of about 85 officials, mostly past or present members of the Council, for three more months.
The new deadline, if granted, would be Oct. 26.
On Oct. 20, 2010, former Special Prosecutor Alan Balaran filed criminal charges involving conspiracy, theft, fraud and forgery against 77 of the then 88 Council delegates and then Vice President Ben Shelly for their alleged misuse of discretionary funds totaling about $1.9 million.
In July 2011, Balaran dropped the criminal charges and filed civil charges against an expanded list of 142 people including former President Joe Shirley Jr., the current and former attorneys general, Harrison Tsosie and Louis Denetsosie, Controller Mark Grant, 87 members of the former Council, and 50 un-named individuals who were listed as "John Does".
In January 2011, as Shelly and former delegate Rex Lee Jim were taking office as the newly elected president and vice president of the Navajo Nation, they settled the complaints against them by agreeing to reimburse the tribe for the discretionary funds that they used for personal benefit.
Shelly had been accused of theft, fraud and conspiracy involving $8,850 in slush funds. Jim was accused of conspiracy and theft involving $3,200 in discretionary funds. The money is being repaid through paycheck deductions.
The Navajo Times asked executive office Communications Director Erny Zah about the status of Shelly and Jim's restitution, but as of today, an answer was not provided.