From Deseret News archives:
No prison for Goshute
Judge orders probation, payment of taxes to IRS
U.S. District Judge Bruce Jenkins spared Leon D. Bear prison time, but did place him on three years probation and ordered the controversial tribal leader to pay the IRS $13,101 in unpaid taxes and his tribe $31,500 for duplicate stipends he billed the tribe.
Bear pleaded guilty last April as part of a plea bargain to one count of making a false statement on his taxes, and he admitted that he failed to claim $67,000 in income to the IRS for the 1999 tax year. In exchange, prosecutors agreed not to pursue Bear for alleged fraudulent tax returns filed in 2000 and 2001, as well as charges that he embezzled some $160,000 by double-billing the band for travel expenses and for inappropriately accepting a salary for his work as tribal secretary.
Although Bear faced up to three years in federal prison, Jenkins said he did not believe prison time was necessary, noting that Bear had taken responsibility for his actions.
In court, Bear's attorney, Joseph Thibodeau, painted his client as "a father figure for his people," noting Bear's tireless dedication to making a better life for the band.
For the past several years, Bear's quest has brought him head-to-head with Utah's governor and Legislature over a proposed lease with utility company consortium Private Fuel Storage to build a nuclear waste storage facility on the Tooele County reservation. The deal has also bitterly divided tribal members.
In court, Bear apologized to his family and to his tribe. "I'm deeply sorry for any problems I've caused my family at home and any embarrassment to the tribe for my tax liability."
Jenkins suggested that Bear hire professional help to keep the band's books clear. Jenkins also ordered Bear to settle things with the IRS for 1999, 2000 and 2001 within four months and to submit a copy of a written agreement with the IRS with the court. The judge did leave the door open for Bear's probation to be shortened for good behavior. Although noted as unrelated to the charges, Bear was also ordered to abstain from drugs or alcohol and would be tested.
Outside court, some Goshute Band members expressed disappointment with the sentence. "Leon has let a lot of people down in the past," Margene Bellcreek said. "He's walked away with just a slap on the hand."
Bellcreek said what makes her most upset is that prosecutors dropped charges related to the alleged $160,000 in double-billed funds. "Now we will never know how much money is missing," she said.
Former band vice chairwoman, Mary Allen, remained skeptical that Bear will be able to heal the tribe. With his term as chairman coming up in November, Allen said she feared Bear will try to find a way to extend his term.
Outside court, Bear dodged television cameras but did say he felt the sentence was fair. His father, Lawrence Bear, said he also felt the sentence was fair and blamed the tribal unrest on a "few dissident members."
E-mail: gfattah@desnews.com
