Official Misconduct in the Navajo Nation. Navajo Law Seminar Sponsored by: Sutin, Thayer & Browne & Johnson Barnhouse & Keegan

Similar documents
Tribal Government Code of Conduct

Certifications. Form AD-1047 (1/92)

N.J.A.C. 17: Causes for debarment of a firm(s) or an individual(s)

JAMESTOWN S KLALLAM TRIBE TRIBAL CODE TITLE 13 TRIBAL COURT

Title 13. Tribal Court

Ethics and Lobbying. Continuing Ethical Scandals

Minnesota Department of Health Tribal Governments Grant Agreement

It is the responsibility of all Fletcher Personnel to understand and comply with this Policy, including any reporting requirements set out below.

DRAFT: SUBJECT TO CHANGE PRIOR TO COMMISSION ACTION TEXAS TRANSPORTATION COMMISSION

CERTIFICATION OF PROSPECTIVE CONTRACTOR REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION

U.S. DEPARTMENT OF AGRICULTURE. Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions

RESOLUTION OF THE NAVAJO ANTION COUNCIL AN ACT

Directive. Staff Manual - Staff Rules Office of Ethics and Business (EBC) Bank Access to Information Policy Designation Public

TABLE OF CONTENTS. SOUTHERN UTE INDIAN TRIBAL CODE Title 28 EXPUNGEMENT CODE

[First Reprint] ASSEMBLY, No STATE OF NEW JERSEY. 218th LEGISLATURE INTRODUCED MAY 7, 2018

On the Frontline against Corruption

NCTA Disciplinary Procedure

H 5695 SUBSTITUTE A ======== LC001230/SUB A/2 ======== S T A T E O F R H O D E I S L A N D

RESOLUTION OF THE NAVAJO NATION COUNCIL

Law on Monitoring the Implementation of the Anti-Administrative Corruption Strategy

AMERICAN BAR ASSOCIATION STANDARDS FOR IMPOSING LAWYER SANCTIONS

THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL

Corporate Administration Detection and Prevention of Fraud and Abuse CP3030

Fraud. Original Implementation: January 28, 1997 Last Revision: November 2, 2015 INTRODUCTION

GILA RIVER INDIAN COMMUNITY

World Bank Group Directive

Persons submitting this form should refer to the regulations referenced below for complete instructions:

76th OREGON LEGISLATIVE ASSEMBLY Regular Session. House Bill 2802 SUMMARY

Digital comments may be ed to

UNITED KINGDOM ASSOCIATION OF FIRE INVESTIGATORS (UK-AFI) ETHICAL PRACTICE AND GRIEVANCE POLICY 2017

Are Politicians Entitled?: Notes From Law Enforcement. Is It That Bad? Before We Begin 4/14/2017

REQUEST FOR BIDS BACKGROUND CHECK SERVICES. Bids Due: January 18th, 2017 at 10:00 A.M.

No. 58 of Accountants Act Certified on: / /20.

RESIDENT SELECTION CRITERIA

Vendor Certifications and Representations

BERMUDA BERMUDA PUBLIC ACCOUNTABILITY ACT : 29

Policies and Procedures No. 56

COURT RULES OF THE GRAND TRAVERSE BAND OF OTTAWA AND CHIPPEWA INDIANS TRIBAL COURT RULES OF EVIDENCE ADMINISTRATIVE ORDERS

Take me back to the Home Page. NotaryClasses.com Sample Notary Exam 1 FINES and PENALTIES

AVIATION AUTHORITY POLICY. 400: FISCAL MATTERS Effective: 06/02/16

Chapter 10 The Criminal Law and Business. Below is a table that highlights the differences between civil law and criminal law:

The Florida Bar Inquiry/Complaint Form

Expungement Guidebook

Recitals. Grant Agreement

SUPREME COURT OF LOUISIANA NO B-1208 IN RE: DOUGLAS KENT HALL ATTORNEY DISCIPLINARY PROCEEDING

Social Security Number Required: Enter on separate page provided in the application. 7 Dentist Address:

GILLESPIE COUNTY FRAUD PREVENTION AND DETECTION POLICY

KENTUCKY BAR ASSOCIATION Ethics Opinion KBA E-430 Issued: January 16, 2010

School District of Horicon Horicon, Wisconsin

KEI INDUSTRIES LIMITED

WASHINGTON COUNTY PUBLIC SCHOOLS Downsville Pike, Hagerstown, Maryland 21740

Gifts, Hospitality and Anti-bribery

Subchapter 4.14: BINGO GAMES

Guide to Judiciary Policy

CHAPTER 20 FLORIDA REGISTERED PARALEGAL PROGRAM SUBCHAPTER 20-1 PREAMBLE RULE PURPOSE

107 ADOPTED RESOLUTION

CHAPTER 61:07 REAL ESTATE PROFESSIONALS

Ethics Policy. Administrative Code under Part 3, Chapter 9, Article 1, Section 1.4

Housing Authority of the Cherokee Nation REQUEST FOR BIDS

18 U.S.C discretionary restitution. (a) (1)

Don t Do It Even If It Feels Good

10 A BILL to amend and reenact , , , , , , , , ,

An Act. ENROLLED HOUSE By: Peterson, Billy, Sherrer, Hoskin and Goodwin of the House

Jerry Gidner Janeen Birckhead LULAC Conference, September 16-17, 2014

Whistleblower Protection Act 10 of 2017 (GG 6450) ACT

Suzanne D Agresta is a shareholder with the Firm. She is board certified in city, county and local government law. Ms. D Agresta recently presented a

ANTI-BRIBERY AND ANTI-CORRUPTION POLICY. Guidelines for Compliance with the Canadian Corruption of Foreign Public Officials Act

AGENDA HEALTH, EDUCATION AND HUMAN SERVICES COMMITTEE 23 rd NAVAJO NATION COUNCIL REGULAR MEETING. November 13, :00 a.m.

BERMUDA BERMUDA PUBLIC ACCOUNTABILITY ACT : 29

Chapter 10 The Criminal Law and Business. Two elements must exist at the same time for a person to be convicted of a crime:

OBJECTS AND REASONS. Arrangement of Sections PART I. Preliminary PART II. Licensing Requirements for International Service Providers

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1991 H 1 HOUSE BILL April 19, 1991

DECLARATION FORM. Page1

BY-LAWS LANCASTER DOWNTOWN INVESTMENT DISTRICT AUTHORITY ARTICLE 1 THE AUTHORITY

Cherokee Nation

Review of Elements of Fraud

MODEL CODE OF ETHICS AND PROFESSIONAL RESPONSIBILITY AND GUIDELINES FOR ENFORCEMENT

OFFICE OF ANTICORRUPTION AND INTEGRITY ANTICORRUPTION SEMINAR FOR CONSULTANTS, CONTRACTORS, AND SUPPLIERS

Decision. Richard J. Engelhardt appeared on behalf of the Office of Attorney Ethics. To the Honorable Chief Justice and Associate Justices of

SPECIFIC LEADERSHIP AND INTEGRITY CODE FOR STATE OFFICERS IN THE KENYA NATIONAL COMMISSION ON HUMAN RIGHTS

THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL

ALABAMA PRIVATE INVESTIGATION BOARD ADMINISTRATIVE CODE CHAPTER 741-X-6 DISCIPLINARY ACTION TABLE OF CONTENTS

APPLICATION FOR HOUSING WAIT LIST

CHILD CARE PROVIDER PACKET

1 HB By Representatives Fridy and Lovvorn. 4 RFD: Public Safety and Homeland Security. 5 First Read: 11-JAN-18.

COMMITTEE OF INVESTIGATION GUIDELINES AND PROCEDURES MANUAL

POLICY MANUAL PART ONE INTRODUCTION AND INTERPRETATION OF POLICY. The interpretation of the Code of Conduct will be at the discretion of the Council.

DISCLOSURE AND AUTHORIZATION FORM AUTHORIZATION

1 SB By Senator Smitherman. 4 RFD: Constitution, Ethics and Elections. 5 First Read: 25-JAN-18. Page 0

Documents Required With Application. Sky Dancer Casino & Resort

VOCA Statute VICTIMS COMPENSATION AND ASSISTANCE ACT OF Pub. L , Title II, Chapter XIV, as amended (as recodified 10/2017)

RECOVERING THE PROCEEDS OF FRAUD

42 USC 677. NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see

STUDENT DISCIPLINARY CODE

CRIMINAL LAW: NUTS & BOLTS AKA: CRIMINAL DEFENSE FOR ATTORNEYS WHO PURPOSELY CHOSE NOT TO PRACTICE CRIMINAL LAW

DISTRIBUTED BY VERITAS TRUST

District of Columbia False Claims Act

Application for Employment

IMPLEMENTATION SCHEDULE

Case 2:15-cr FMO Document 52 Filed 04/25/16 Page 1 of 17 Page ID #:295

Transcription:

Official Misconduct in the Navajo Nation OCTOBER 14, 2016 Navajo Law Seminar Sponsored by: Sutin, Thayer & Browne & Johnson Barnhouse & Keegan MARC LOWRY

CORRUPTION MAKES ECONOMIC DEVELOPMENT MORE DIFFICULT 2

FACTORS THAT CAN PLAY A ROLE IN CORRUPTION 1. UNEMPLOYMENT 50% 2. PER CAPITA INCOME $7,122 3. BELOW POVERTY LEVEL 37% 2009-2010 Comprehensive Economic Development Strategy Report, p. 120; The Navajo Nation Division of Economic Development 3

WORKPLACE RISKS Lack of internal controls and accountability Internal Controls Review o o o Lack of effective leadership supporting financial accountability Inadequately qualified accounting staff No internal financial policy enforcement 4

Delegate #1 s payment to Delegate #2 s Family Delegate #2 s payment to Delegate #1 s Family Request Date To For Amount Request Date To For Amount 1/27/2009 Delegate 2 s son Youth Enrichment $4,363 1/27/2009 Delegate 1 s Sister-in-law Rent; bills $4,363 5

The Discretionary Fund Cases Defendants charged with misusing Navajo Nation Financial Assistance funds 140 criminal complaints filed against 16 Council Delegates and two Navajo Nation employees for misusing Financial Assistance Program funds Charges included bribery, false vouchers, abuse of office, and conflicts of interest All 18 individuals who were charged were convicted 6

What To Do When You Are Confronted With A Potential Misconduct Situation? Let s Hit The Books 7

SUBSTANTIVE ETHICS LAW ADDRESSING OFFICIAL MISCONDUCT 1. NAVAJO NATION ETHICS IN GOVERNMENT LAW, 2 N.N.C. 3741-3793 A. 2 N.N.C. 3745 (A), General Prohibitions; conflicts of interest No public official or employee shall use, or attempt to use, any official or apparent authority of their office or duties which places, or could reasonably be perceived as placing, their private economic gain or that of any special business interests with which they are associated, before those of the general public, whose paramount interests their office or employment is intended to serve. B. Specific examples under 2 N.N.C. 3745(B) : i. Using public office for private gain; ii. Giving preferential treatment to any special interest organization or person; iii. Adversely affecting the confidence of the people in the integrity of the government of the Navajo Nation. 8

SUBSTANTIVE ETHICS LAW ADDRESSING OFFICIAL MISCONDUCT C. Prohibition on using official confidential information for private gain. 2 N.N.C. 3746 D. Restrictions on representing other interests before governing bodies. 2 N.N.C. 3751-52 E. Unauthorized compensation or benefit for official acts. 2 N.N.C. 3752 F. Unauthorized personal use of property or funds of the Navajo Nation. 2 N.N.C. 3753 G. Unauthorized use of staff. H. No acceptance of annual gifts of more than $100. 2 N.N.C. 3754 2 N.N.C. 3756 9

SUBSTANTIVE, ENFORCEABLE, ETHICAL REGULATIONS I. Adoption of Supplemental Codes of Conduct for Officials & Employees, 2 N.N.C. 3758; (A) Authorizes the chief executive or administrator of every governmental entity of the Navajo Nation to submit for approval supplemental ethics rules. Upon adoption by the Naa bik íyáti Committee, such rules will have the force of substantive law. (B) 2 N.N.C. 3758 (B) Authorizes the Ethics and Rules Committee to adopt supplemental rules, regulations, and standards of conduct for all elected officials as defined by the Navajo Nation Code. 10

THREE KINDS OF REMEDIES FOR VIOLATIONS OF ETHICAL LAW OR REGULATIONS 1. Administrative Remedies under 2 N.N.C. 3780 Private Reprimand Public Reprimand Suspension from Office/Employment Removal from Office/Employment Disqualification from Office/Employment for 5 years 11

THREE KINDS OF REMEDIES FOR VIOLATIONS OF ETHICAL LAW OR REGULATIONS 2. Civil Remedies under 2 N.N.C. 3781 Civil Liability equal to three times the value of the benefit or benefits obtained If more than one person is responsible for the harm, each individual is responsible for the entire amount of damages caused 12

THREE KINDS OF REMEDIES FOR VIOLATIONS OF ETHICAL LAW OR REGULATIONS 3. Criminal Remedies under 2 N.N.C. 3782 If found guilty of a knowing and willful violation of any ethics law, a fine of not more than $500 and incarceration not to exceed 180 days Upon conviction, cannot be a candidate for public office or eligible for an appointed position for five years 13

SUBSTANTIVE CRIMINAL LAW ADDRESSING OFFICIAL MISCONDUCT TITLE 17, CHAPTER 3, SUBCHAPTER 7 BRIBERY AND RELATED OFFENSES 17 N.N.C. 360 Bribery in Official and Political Matters Elements of the crime: 1. agree to confer a benefit upon any elected official or employee, or agree to accept a benefit as an elected official or employee 2. with the intention, understanding, or agreement that the elected official or employee s vote, opinion, judgment, or exercise of discretion will be influenced 14

SUBSTANTIVE CRIMINAL LAW ADDRESSING OFFICIAL MISCONDUCT TITLE 17, CHAPTER 3, SUBCHAPTER 7 BRIBERY AND RELATED OFFENSES 17 N.N.C. 363 Making a False Navajo Nation Voucher Elements: 1. knowingly makes, or causes to be made, a material misrepresentation or forged signature, 2. upon any Navajo Nation voucher, 3. with the intent that the voucher be relied upon for the unauthorized expenditure of Navajo Nation funds. 15

SUBSTANTIVE CRIMINAL LAW ADDRESSING OFFICIAL MISCONDUCT TITLE 17, CHAPTER 3, SUBCHAPTER 7 BRIBERY AND RELATED OFFENSES Penalties: 1. 365 days incarceration per offense 2. $5,000 fine 3. Restitution 16

Federal Limitations on Tribal Criminal Penalties Indian Civil Rights Act, 25 U.S.C. 1302(c) For sentences greater than 1 year, a Tribe must ensure: 1. that a defendant has licensed, effective counsel; 2. that the Judge is adequately trained and licensed; 3. that all criminal laws, rules of procedure and evidence are publically available; and 4. that a record of the proceedings is kept. 17

HOW TO BEGIN YOUR CASE? You must report the corrupt activity to an appropriate Navajo agency ETHICS & RULES OFFICE, www.nnethicsrules.navajo-nsn.gov WHITE COLLAR CRIME UNIT, www.nndoj.org/office_of_the_prosecutor.aspx AUDITOR GENERAL S OFFICE, http://www.navajoauditor.org CHIEF PROSECUTOR S OFFICE, www.nndoj.org/office_of_the_prosecutor.aspx 18

WHEN TO BEGIN YOUR CASE? ETHICS CASES; 2 N.N.C. 3769 No action shall be brought under [the Ethics Code] more than four years after the cause of action has accrued. 19

WHEN TO BEGIN YOUR CASE? CRIMINAL CASES; 17 N.N.C. 205 (A) A prosecution for embezzlement of Navajo Nation monies or falsification of Navajo Nation records or vouchers may be commenced at any time within five years after discovery of the offense. (C) If the offense has a material element of fraud, forgery or an offense against the Navajo Nation government, prosecution may be commenced after discovery of the offense 20

THANK YOU 21