From Deseret News archives:
Goshute member ordered to repay $17,300 to bank
He and 3 others took tribal funds by using a fake court order
During a restitution hearing, U.S. District Judge Tena Campbell ordered Sammy Blackbear to pay back $17,300 to the bank.
Last March Blackbear pleaded guilty to one count of theft of assets from an Indian tribal organization. Blackbear, along with three other band members, used a fake court order to withdraw bank funds, of which prosecutors say Blackbear was responsible for $25,000.
Blackbear's attorney, David Finlayson, said Blackbear re-deposited $4,367 and used other funds to pay bills associated with the band. However, Finlayson acknowledged that $10,000 went into Blackbear's personal account for travel and other expenses and $7,300 went to pay attorney fees that were not authorized by the band.
Assistant U.S. Attorney Stanley Olsen said although Blackbear was charged with taking funds from the Goshute band, the band was made financially whole through a $44,000 settlement with Zions Bank, and that it is the bank that deserves restitution.
After reviewing case law, Campbell agreed that restitution should go to the bank, although she called the $44,000 settlement amount too "murky" to use to gauge an exact restitution amount.
Wash, Blackbear and Moon claimed they were elected tribal heads during an election in September 2001 that was not recognized by the U.S. Bureau of Indian Affairs. The group is part of a faction opposed to current Skull Valley Goshute Band Chairman Leon Bear. For the past several years, the band, who make their home in Utah's western desert, has been plagued by infighting and accusations of corruption.
Last June, Bear was ordered by a federal judge to pay the IRS $13,101 in unpaid taxes and the Goshute Band $31,500 for duplicate stipends he billed the tribe. Bear was also placed on three years probation.
Bear is best known for his support of storing high-level nuclear waste on Goshute land, which has raised cries of protest not only from other band members, but from state leaders.
Finlayson said many tribal members have been frustrated by the infighting and the fact that there hasn't been an election in years. Out of that frustration, Finlayson said Blackbear and others tried to "reclaim" tribal funds they felt were not being used properly.
Blackbear is scheduled to be sentenced Sept. 13. Prosecutors say they will attempt to get further restitution for Zions Bank when the three remaining defendants go to trial.
E-mail: gfattah@desnews.com
Comments
- Iraq: deal reached on election 12:39 p.m.
- Geoana wins Romania race 12:36 p.m.
- Merging therapy & financial planning 12:29 p.m.
- A quiet turnover for ABC News 12:20 p.m.
- Drive for geothermal power heats up 12:17 p.m.
- Traders face questions this week 12:14 p.m.
- 'Blind Side' eclipses 'New Moon' 12:11 p.m.
- Iran chokes off Internet 12:07 p.m.
- Obama-mania lives on in Europe 11:58 a.m.
- Missing DNA can promote obesity 11:54 a.m.
- Y., U. to learn bowl destinations
- Ed Smart 'appalled' at testimony
- The forgotten ship: USS Utah
- Y. profs: Beck not all-knowing
- Snowy roads cause accidents, delays
- George lost in rivalry hatefest
- Tiger's SUV, personal life are a wreck
- BYU basketball: Cougars crush Dons
- Utahns want health care reform bills
- Kurt Bestor: Joy for the world
- Why is Y. ignoring spew of hatred?
312 - Letters: Liberal because LDS
249 - Y. profs: Beck not all-knowing
202 - Hate not limited to 1 in-state rivalry
189 - Aggies shoot past Cougars
179 - N.Y. Senate rejects gay marriage
128 - George lost in rivalry hatefest
110 - Unbeaten BYU takes trip to Logan
105 - Harpring's NBA career is over
94 - Ed Smart 'appalled' at testimony
93
Trolley Square's annual Holiday Open House will feature visits with...
That does it — I'm having an affair! Thanks to Tiger Woods, David...
First, a big thank you to all who posted questions here for me to ask...
Come on folks. We need both teams to beat their PAC-10 opponents. Time to...
First of all did this lady have any business being in the mountains that day...
its funny how the zoobs say Ute fans are obsessed with the Tds, but judging...
What about the other 6 teams in the conference? I guess they don't deserve...
That was one of the best football games that I have ever seen. I was...
The reason nobody complained about Bigelow is that he took his shots in the...
total byu=16 UTAH=17 USU=7 WEBER =5 suu=1 SNOW 3 UTAH HIGH SCHOOLS = 19 COOL YA
Oregon State is NOT going to the Sun Bowl. They played there last season and...
Little brother mentality alive and well in Logan. Kind of sad . . .
A good man is trying to make a living the way he always has, providing jobs...



You can be the first to comment on this story.