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Pine Ridge

Occupation Peoples

Grass Roots Oyate

January 16, 2000

Until we Win

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GRASS ROOTS OGLALA LAKOTA OYATE
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April 5, 2000
VIA FACSIMILE

The Honorable Janet Reno
Attorney General of the United States
Department of Justice
950 Pennsylvania Ave.
Room 4545
Washington, D.C. 20530-0001

Dear Madame Attorney General:

We, the people of the Oglala Lakota Nation, respectfully request an alternate U.S. Attorney to investigate and implement any procedures involving the audit process and misuse of Oglala Sioux Tribal financial monies.

For many years, the Oglala Lakota people have approached Mr. Ted McBride, the current U.S. Attorney in Rapid City, S.D., with information regarding questions and actions involving federal funds allocated to the Oglala Sioux Tribe. Mr. McBride has never investigated or taken any action on any complaints.

The Oglala Lakota people have culminated their frustration by demanding audits of all accounts for the past five years. On Tuesday, March 28, 2000, an inter-agency meeting occurred in Rapid City involving the BIA-appointed auditor, FBI agents, BIA officials, and the U.S. Attorney, Ted McBride, concerning preliminary findings in an audit of the Tribe’s financial records. Reportedly, McBride stated that most of the findings are, "not worth the taxpayer’s money to investigate". However, according to the auditor, there are clear signs of criminal activity in this report.

Attached you will find sworn, notarized statements from the Oglala Lakota Chief Oliver Red Cloud, Floyd Hand, and Roger Bird. As you will find, Mr. McBride has a clear conflict of interest. He has had exparte communications with the accused Tribal Treasurer Wesley "Chuck" Jacobs. Mr. Jacobs himself has publicly stated, "…that he and Ted have talked and there is no way that he will prosecute us".

I am certain that you are familiar with the United States Code Title 18, Section 1163, Embezzlement and theft from Indian Tribal Organizations: "Whoever embezzles, steals, knowingly converts to his use of another, willfully misapplies, or willfully permits to be misapplied, any of the moneys, funds, credits, goods, assets, or other property belonging to any Indian tribal organization or entrusted to the custody or care of any officer, employee, or agent of an Indian tribal organization, or whoever, knowing any such moneys, funds, credits, goods, assets, or other property to have been so embezzled, stolen, converted, misapplied or permitted to be misapplied, receives, conceals, or retains the same with intent to convert it to his use or the use of another – shall be fined under this title, or imprisoned not more than five years, or both; but if the value of such property does not exceed the sum of $1,000, he shall be fined under this title, or imprisoned not more than one year, or both…"

U.S. Attorney McBride has shown clear signs of an extra judicial relationship with the accused in this case. Your Honor, we respectfully request the appointment of an alternate U.S. Attorney to oversee any investigation and subsequent actions involving Oglala Sioux Tribal funds.

If you require any additional information, please call us at (605) 867-5303. Your key contacts in the Red Cloud Building are Floyd Hand, Dale Looks Twice or Harvey Whitewoman.

Sincerely,

_________________________
Oliver Red Cloud, Chief

 

Red Cloud Building
P.O. Box 51, Pine Ridge Agency, S.D. 57770
Phone (605) 867-5303 Fax (605) 867-2115

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