Begay v. Navajo Nation goes to trial in slush fund case

WINDOW ROCK

After more than four years of investigations and plea agreements, the case of the Navajo Nation v. Mel Begay is going to trial.

The trial is set to begin Monday in Window Rock District Court.

Begay had filed a motion asking that the suit be dismissed because the special prosecutors were exceeding the authority that was given to them.

His motion argues that the special prosecutor’s authority limits their jurisdiction to charging crimes that occurred after any disbursement and expenditure of any and all discretionary funds by tribal council delegates.

Begay, however, contends he is being charged with conspiracy to commit fraud and making or permitting a false tribal voucher. These allegations, if true, would have had to occur before any disbursement and expenditure of any and all discretionary funds by the delegates.

Likewise, the charge of conspiracy against Begay pertains to acts allegedly committed prior to the disbursement of expenditures, he claimed.

The response from the tribe through the special prosecutors was to assess sanctions against Begay and his legal counsel for “filing a frivolous motion.”

“It does not make sense to limit the special prosecutor’s jurisdiction in the way (Begay) contends, as it would bar the prosecution of any Navajo Nation official who conspired to defraud or defrauded the Navajo,” the response said.

Window Rock District Court Judge Carol Perry dismissed the motion.

Begay, who is on the council and represents Coyote Canyon, Mexican Springs, Naschitti, Tohatchi and Bahasti’ah chapters, also filed a motion trying to limit the trial to five days.

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