Native American Press / Ojibwe News (Bemidji, Minnesota), 1996-03-22

              Week three in the Finngate trial
By Gary Blair
The "Trial of the Century" in
Minnesota's Indian country has
completed its third week. The case
involves three officials of the Leech
Lake reservation accused of
defrauding the reservation of over one
million dollars in a phony self-
insurance scheme.
The trial started March 4, 1996,
and closing arguments are expected
in two weeks.
In May of 1995, a Federal Grand
Jury indicted former band attorney,
state senator Harold "Skip" Finn,
Leech Lake RBC chairman Alfred
"Tig" Pemberton and reservation
secretary/treasurer, Daniel Brown.
The charges allege that the men took
funds from a self-insurance company
called Reservation Risk Management,
Inc. (RRM) which were to have been
used to insure the reservation.
Finn is accused of master-minding
the plot, while Pemberton and Brown
are charged with receiving a
combined payment of over $100,000
as RRM board members. Instead of
providing the insurance coverage as
the plan called for, the government
asserts, Finn, Pemberton and Brown
actually controlled RRM privately
and kept their involvement a secret.
On March 18, former Leech Lake
tribal chairman Hartley White was
the first witness called by the
prosecution. White's testimony
painted a disturbing picture of tribal
government at Leech Lake, one
whose lack of financial oversight
made it ripe for fraud. The 71-year-
old White was RBC chairman during
the inception of RRM in 1985.
White said RRM was formed
during a time when the reservation
was nearly broke and could no longer
afford standard insurance coverage.
White, who said he has a 10th
grade education, told the jury that
Finn tricked him into signing
documents giving the former
reservation attorney control of the
RRM funds, while some were outright
forgeries. "I never signed that. That's
not my signature. Those meeting
minutes aren't accurate," White told
the jury.
Copies of canceled checks shown to
the jury demonstrated that RRM's
funds were controlled by Finn, who
needed nothing more than his
signature to cash them.
White's testimony indicated that it
was Finn and former tribal planner
John McCarthy who handled all of
Trial cont'd on 3
Week three in the Finngate trial/ pg 1
Anishinabe radio station at Red Lake/ pg 1
WE group asks BIA to monitor tribal govt./ pg 1
1/2 the people who have diabetes don't know it/ pg 2
Text of Indict, of U.S. vs. Finngate defend./ pg 5
Voice ofthe People
1
Anishinabe radio station at Red Lake is
close to becoming a reality
By Jeff Armstrong
The dream of an Anishinabe radio
station at Red Lake is close to
becoming a reality, but Francis
Downwind is not taking any chances.
"We're trying to solicit letters of
support to the Red Lake Tribal
Council. We're right in the middle of
a grant application which would cover
75% ofthe construction costs," said
Downwind.
His sense of urgency is heightened
by the fact that the National
Telecommunications and Information
Administration's March 28
application deadline may be its last.
Downwind said NTIA has been
targeted for extinction by
congressional budget-cutters.
"Time is of the essence," said
Downwind. "The more letters we get,
the more likely it will be that we
convince the powers-that-be with the
money that there is a demand for this
station."
To supplement the anticipated NTIA
grant, the tribal council agreed last
year to kick in the remaining $ 160,000
in startup costs. Despite the fact that
the radio station will, in effect, be run
by the tribal government, Downwind
expects Red Lake officials to be
respectful of its autonomy
"We have, I believe, a tribal council
who would allow this radio station to
determine its own destiny, its own
programming," said Downwind.
"Hopefully, within 4 or 5 years, the
station will be able to stand up on its
own, independent of the tribal
council."
The Red Lake station, to be located
at 94.1 on the FM dial, will offer a
variety of programs in both English
and Ojibwe, from shows for elders to
GED instruction and radio plays.
Downwind said the radio station will
also serve as a technical training
ground for students and community
members.
Downwind said the proposed
100,000-watt station would reach
about 68,000 listeners, and could be
extended to other reservations through
local translating towers, which would
pick up and broadcast the
signal. "Look at KILI; they united the
whole Lakota nation, and they did it
through translators. We can do the
same thing here."
Once funding is approved, Red
Lake's FCC construction permit will
likely be granted, giving the tribe 18
months to get the station up and
running. Downwind said it will come
none too soon. "The only
communicationwegetnowisby police
scanner or word of mouth—rumors,"
he said.
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Copyright, Native American Pren,  1996
White Earth group asks BIA to monitor
tribal government
By Pat Doyle
Star Tribune Staff Writer
Saying they are powerless against a
corrupt tribal government, a group of
White Earth Chippewa asked a federal
judge Wednesday to order the
appointment of a guardian to oversee
the tribe while its leaders face criminal
prosecutioa
About 30 Indians listened in U.S.
District Court in St. Paul as their
attorney argued that the Bureau of
Indian Affairs (BIA) should take the
unprecedented step of monitoring the
White Earth tribal government to
prevent financial and vote fraud.
"They have allowed something very
close to a dictatorship - a corrupt
regime," attorney Zenas Baer said of
the BIA.
The request for federal intervention
by White Earth dissidents is an
attempt to reduce the power of Tribal
chairman Darrell (Chip) Wadena,
Secretary-Treasurer Jerry Rawley and
Council Member Rick Clark, the trio
remain in office while facing federal
charges of rigging a bid on a casino
project and other alleged corruption.
Tribal elections are scheduled in June.
District Judge Richard Kyle said at
the hearing that he would rule later on
the tribal members' request
Such intervention is unprece
dented, partly because tribal
governments have opposed such
moves as infringing on their limited
sovereignty, lawyers on both sides oi
the case said after the hearing.
Federal officials opposed the move
Wednesday.
Assistant U.S. Attorney Robert
Small said federal law does not
permit the BIA to appoint a guardian.
He said White Earth Indians have
failed to invoke a provision of their
tribal constitution that allows 20
percent of eligible voters on the
reservation to petition the federal
government for new elections. About
Monitor cont'd on 3
Bemidji bus driver charged in second
force complaint by Natives in month
By Jeff Armstrong
At a March 19 Bemidji school board
meeting, the board unveiled a
proposed district policy aimed at
cracking down on violence in the
schools. The policy would establish
stringent new penalties—including
expulsion in most cases—for multiple
violations of regulations on physical
and verbal aggression, weapons
possession, use or possession of
alcohol and other drugs, and wearing
offensive clothing.
At the same meeting, however, board
chair Mary Auger would not allow
discussion of a Feb. 15 incident in
which a non-Native school bus driver
slapped a fifth grade Anishinabe boy.
Although at least six other students
witnessed driver Fred Mills slap 10-
year-old Sheldon Hawk, the district's
only punishment was to assign the
driver to another route and include a
letter of reprimand in his personnel
file. Hawk had previously reported
being slapped by a different bus driver,
but the district said at the time that
there was not enough evidence to
support the charge.
Hawk and his father, Michael, had
attended the meeting to ask for Mills'
dismissal. "That issue is not on the
agenda," Auger said, in reply to a
question from a reporter. Auger
subsequently sent a letter to the Native
American Press/Ojibwe News,
stating, "School Board policy states
that the use of physical contact as a
disciplinary strategy is
prohibited... Given the facts as I know
them the district neither over reacted
nor swept the issue under the rug,"
the letter said.
"They don't want to listen," Hawk
said after the school board meeting.
"They don't want to hear anything or
do anything. What's going to stop
him from doing this to some other
kid?"
Just one day later, Hawk's fears
were confirmed, as another Native
parent reported abusive treatment by
Mills. Robert Smith says his six-year-
old daughter, who has a hearing
impairment, was subjected to physical
and verbal mistreatment after she left
the bus to visit her former driver.
"My daughter is hard of hearing to
start with, but shecan'twearahearing
Driver cont'd on 3
Former Three Affiliated Tribes chairman indicted
FARGO, N.D. (AP) _ A federal
grand jury has indicted former Three
Affiliated Tribes chairman Wilbur
Wilkinson on a charge of embezzling
tribal funds.
Wilkinson is accused of taking
$27,972.95 from the tribe in 1993
and 1994.
Wilkinson, 47, said Thursday he is
innocent.
"I'm certainly not guilty of
anything," said Wilkinson, who now
lives in Garrison. He is scheduled to
make his first appearance on the
charge in U.S. District Court in Minot
on Tuesday.
U.S. Attorney John Schneider said
the money in question came from a
BIA grant to help the tribe collect bad
debts.
The indictment says Wilkinson got
$20,000 from the tribe in October
1993 to hire his nephew's wife as a
consultant, and kept $18,000 for
himself.
Wilkinson is accused of requesting
more money from the BIA for the
same purpose in April 1994 and
keeping $9,972.25.
Schneider did not know the name
of the consultant.
Wilkinson said the charges are
politically motivated.
"I think it all has to do with the
election controversy on Fort Berthold
and the powers that be," said
Wilkinson, who was chairman from
1990 until 1994. "Once the election
dispute is resolved and the election is
overturned, I will be re-elected tribal
chairman. I think this is merely an
Eva-Bay Singers of the Red Lake Nation, 1995 World Singing Champions, were honored for their many
accomplishments at the recent Indian Education Programs and Bemidji Area Public Schools pow wow. The
singers (above) received congratulations by nearly the entire crowd that was present staff photo
Chippewa file notification to spear record
number of Walleye
MADISON, Wis. (AP)_ Wisconsin's
six Chippewa Indian tribes want to
spear a record 54,000 walleye this
spring, but the head ofthe Department
of Natural Resources said the plan is
absolutely unacceptable.
If the tribes fill the quota, it would
seriously hurt tourism and threaten
local businesses that rely on fishing
in northern Wisconsin, DNR
Secretary George Meyer said.
The state will file a lawsuit in federal
court if the tribes refuse to reduce the
quota voluntarily, Meyer said.
The quota would close 79 lakes to
all other walleye anglers for the entire
year.
Meyer said 66 ofthe 79 lakes that
wouldbe closed to other anglers would
be in Vilas and Oneida counties. The
remaining 13 lakes would be in
Florence, Chippewa, Iron, Price, Rusk
and Eau Claire counties.
Meyer said because the DNR was
notified of the Chippewa harvest
quotas on Monday, officials were still
tabulating the 245 lakes involved and
the daily walleye bag-limits that would
be left for non-Indians.
It was the first time that the six
tribes "indicated their intent to take
100 percent of the safe harvest for
walleye on a number of lakes," DNR
officials said.
Gov. Tommy Thompson was said
to be very displeased with the tribal
leaders' request, spokesman Kevin
Keane said.
"I don't know what type of message
(Chippewa leaders) are tryingto send.
It is not going to make for the proper
sharing of resources," Keane said.
"It's a very extreme and outrageous
move on their part."
If the tribes refuse to reduce the
quotas voluntarily, the state will file a
federal lawsuit, Meyer said.
A federal ruling that upheld the
tribes' right to spearfish on what was
once their land required the fish "to
be shared between Indian and non-
Indian fishers," Meyer said.
attempt to make me a political
prisoner."
The tribal election board last
November dismissed a complaint by
a Fort Berthold group that alleged
fraud and tampering in the November
1994 election, in which current
chairman Russel Mason Sr. defeated
Wilkinson.
The Fort Berthold group has
appealed the case in tribal court.
The indictment was issued March 6
in federal court in Fargo. Schneider
said if Wilkinson is convicted, he
could face six to 16 months in prison
under federal sentencing guidelines.
The charge is the result of an FBI
investigation into a Bureau of Indian
Affairs grant program, said Assistant
U.S. Attorney Clare Hochhalter of
Bismarck, the prosecutor in the case.
A look at welfare recipients'
attempts to get cash at casinos
A record of welfare recipients' attempts to get money at Minnesota
casinos using automated teller machine cards. These two months
were selected at random.
Casino ATM Transactions September 1995 - January 1996
Black Bear 13 _6
Canterbury Downs 2 J
Dakotah Sioux 8 _8
Fond-du-Lac 3 _11
Fortune Bay 4 _0
Grand Casino(Hinckley)_ 59 _67
Grand Casino(Onamia) 24 _22
Hudson Greyhound Park 6 0
Jackpot Junction 6 _0
Little Six 73 _74
MysticLake 769 _766
Shooting Star Casino 6 _12
St. Croix Casino _ 2 _8
Treasure Island 23 _29
TurtleLake 7 _9
Total 1,005 _1,019
Source: Minnesota Department of Human Services
The record Chippewa harvest was
30,249 in 1995, DNR officials said.
Between 1990 and 1994, the annual
Chippewa harvest has varied between
21,000 and 30,000 onabout 110 lakes,
the DNR said.
Tom Maulson, chairman ofthe Lac
du Flambeau tribe and chairman of
the Great Lakes Indian Fish and
Wildlife Commission, defended the
request.
"The opportunity should be here,"
to harvest more walleye, Maulson
said. He added that Indian
spearfishing took only a tiny
percentage ofthe fish caught by non-
Indian anglers.
Maulson said there would be
opportunity to discuss whether the
tribes would consider lowering their
quota request.
Maulson also said the tribes' request
was not related to Thompson's plan
to require tribes that operate casinos
to share more profits with the state
when agreements are renegotiated.
Presidential race
too close to call
PINE RIDGE, S.D. (AP) _ The
Oglala Sioux Tribal Council
presidential race is too close to call
and officials say it will be Friday
before the results are official.
Unofficial results show John Steele
with a 63 vote lead over Paul Iron
Cloud. Both have already served as
president.
"They're still counting challenge
ballots," said Patrick Lee, chief tribal
judge. "Unofficially, John Steele is
the winner."
There were 320 challenge ballots
yet to be counted, officials said.
Whomever wins will.succeed
Wilbur Between Lodges, who was
defeated in last month's primary.
Steele received 1,963 votes to Iron
Cloud's 1,900.
In the vice presidential race, Milo
Yellow Hair had 1,909 votes and Ted
Means' 1,710.