Goshute ordered to repay $17,300 to Zions Bank

A federal judge Friday ordered a member of the Skull Valley Band of Goshutes to repay funds that he admitted inappropriately taking from a tribal bank account and using for things that did not directly benefit the band.

During a restitution hearing, U.S. District Judge Tena Campbell ordered Sammy Blackbear to pay back $17,300 to Zions 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 the bank deserves restitution.

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.

Blackbear was charged in December 2003 along with fellow band members Marlinda Moon, Miranda Wash and tribal attorney Duncan Steadman. Those three have pleaded not guilty and await trial next September.

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.

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.