Investigators seize boxes of documents

Three members of the Navajo Nation's White Collar Crime Unit confiscated three boxes of documents from the Office of the Chief Legislative Counsel late Wednesday.

The unit is working with Special Prosecutor Alan Balaran and Chief Prosecutor Bernadine Martin in the investigation of discretionary funds used by the Navajo Nation Council, Speaker Lawrence Morgan (Iyanbito/Pinedale), President Joe Shirley Jr. and Vice President Ben Shelly.

The special prosecutor also is investigating the BCDS and OnSat business deals and the Tribal Ranch Program.

On Monday, acting Auditor General Elizabeth Begay handed over a draft audit of the executive office discretionary funds to Balaran, along with other documents related to the discretionary funds of the Council and speaker that covered 2006 to 2009.

That's according to legislative branch public information officer Alastair L. Bitsoi.

Also on Monday, Balaran and Martin, who were accompanied by Navajo police officers, confiscated tape recordings of the Council's discussions on discretionary funds and the special prosecutor.

That's according to acting Legislative Services Director Lavonne Tsosie.

Tsosie said Balaran also took a box full of Council meeting agendas and journals that covered the period between 2000 and Nov. 4, 2010.

The Council held a special session Nov. 4 to deliberate on the Northeastern Arizona Indian Water Rights Settlement Agreement.

But the discussion expanded to include the delegates' frustration over not being given a report that they requested from Assistant Attorney General Henry Howe and Controller Mark Grant on the special prosecutor's legal fees and the status of possible criminal charges on OnSat and BCDS - the main objective for which the Council requested a special prosecutor.

Bitsoi also said that on Nov. 5, Balaran seized documents from the Office of Legislative Services and the hard drive from the computer used by former Chief Legislative Counsel Frank Seanez.

Legislative Chief of Staff Charles Long said that the auditor general was preparing to present the executive office discretionary fund audit to the Government Services Committee on Tuesday, and hinted that her failure to appear before the committee and deliver her report was in some way tied to the ongoing feud between the executive and legislative branches.

"There is a possibility that the president's investigation will not occur and it is very likely that those documents will disappear," Long added. "The special prosecutor is not licensed though the Navajo Nation Bar Association to practice law and has no jurisdiction over Navajo funds. This is a very big concern of my office."

Chief Prosecutor Martin said Balaran was granted permission to practice before the Window Rock District Court as part of his appointment by the court's special division.

Shirley was unavailable for comment on Wednesday. His public information officer George Hardeen said on Wednesday that Shirley was on travel.

Bitsoi noted that Begay handed over the draft audit and related documents because as a certified auditor, she must comply with audit standards that require her "to cooperate" with an investigation such as the one underway by the special prosecutor.

He added that Balaran informed Begay that if she released the draft audit to the Government Services Committee, it would compromise his special investigation.

After the White Collar Crime Unit officials left the chief legislative counsel's office with the boxes of documents, Long reiterated his concerns about Balaran's seizing of records and other items from the legislative branch on Monday and last Thursday and Friday.

"The special prosecutor shows disrespect to Navajo people and does not conduct himself in a professional manner," Long said. "To get what he needs from the legislative branch, he terrorizes my staff. It would be appreciative on his end if he would notify me of his request instead of tactically intimidating Navajo employees."

Martin said Wednesday that the investigators conducted themselves in a professional manner. She noted that as prosecutors, they have search warrants that are signed by judges to obtain evidence for cases they are investigating and prosecuting.

Tsosie confirmed that Balaran had a search-and-seizure warrant from Window Rock District Court Judge T.J. Holgate.

"We did not terrorize anyone," Martin said. "We typically ask law enforcement to accompany us when we execute the search warrant to avoid any possible conflict."

But Long felt otherwise.

"I am appalled that the chief prosecutor and police officers of the Navajo Nation are complying and accompanying (Balaran)," Long said. "They are not standing up for our sovereignty, our Navajo people. They allowed him to barge into our legislative campus to do what he wants."

Martin said police officers had to escort Long out of the building where Balaran was confiscating documents from the legislative services office last week.

Long's office is in another building, she said.

Martin said she did not know why the officers felt it was necessary to remove him, but added, "The actions by the special prosecutor are legitimate and the charges that have been filed are relevant and legitimate."

Balaran began his investigation of the Council discretionary funds by requesting delegates and legislative branch employees to contact him for interviews. It is not known who, if anyone, responded to the invitation.

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