Charges filed in slush fund investigation

After several months of investigations, a special prosecutor looking into alleged misuse of discretionary funds by members of the Navajo Nation Council on Wednesday filed charges against an unknown number of Navajo Nation Council delegates.

The investigation started after a series of articles in the Navajo Times that questioned the use of discretionary funds by a number of council delegates.

A press release put out by Attorney General Louis Denetsosie said an unspecified number of council delegates were charged in criminal complaints in Window Rock District Court on Wednesday, all related to misuse of discretionary funds the Council has regularly voted to award itself.

The press release did not name any of those who have been charged by Special Prosecutor Alan Balaran.

"Out of respect for the offices held by the officials being charged, the special prosecutor asks that defendants be given the opportunity to voluntarily appear before the court. The Window Rock District Court will issue summons for the persons named in the complaint," the press release said.

Ed Martin, a spokesman for the Navajo Nation judicial branch, said late Wednesday that no names had been released by the district court, which was still processing the paperwork as of press time.

That could happen today, however.

Sources close to the investigation, who asked to remain anonymous, said the number of delegates facing at least one criminal charge is "significant."

Some are charged with several violations, including fraud, theft, forgery and abuse of office. The abuse of office charges relate to how the Office of the Speaker managed the discretionary funds, which were disbursed from there upon the approval of the speaker and individual delegates submitting request forms.

Tribal officials have estimated that the Council has transferred more than $34 million in tribal funds into the discretionary funds over the last five years. The money was set aside so that council delegates, chapter officials, the speaker and the president could help Navajos in times of crisis.

However, working from a handful of leaked records, the Times determined that over a $100,000 went to a half dozen people with close ties to the branch, either through family or employment.

The special prosecutor did not notify individuals being charged but instead made a general offer to delegates for them to call the office beginning this morning to learn if their name is among those being charged.

If a name is on the list, the person will be given the opportunity to pick up the criminal complaint against him or her Friday, Oct. 23, before 5 p.m. Those who don't voluntarily pick up their complaints will be served their papers by law officers, the release said.

The special prosecutor continues to investigate other matters given to him by the tribal council. These focus on allegations involving the tribal contracts with OnSat and business dealings with BCDS.

The use of discretionary funds by the president and vice president is also still under investigation, as is the tribal ranch program.

"This is only the beginning stage of the special prosecutor's investigation which also involves the president and the Tribal Ranch Program," said Alastair Bitsoi, public information officer for the speaker's office, in a statement released late Wednesday evening.

"The discretionary fund is appropriated for those who are in need, such as students to pay for college tuition or families requesting help for funeral expenses," Bitsoi stated. "It benefits the Navajo people. Since K'e is part of the Navajo government, it does play a role in allocating money to the Navajo people.

"Those delegates who are summoned are still innocent until proven guilty as is allowed under the judicial branch," he added. "This is what the process is and we'll see what the end results will be."

Bitsoi also said the court's action has many delegates concerned.

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