Fraud trial begins for disputed Indian chief
1:00 AM
Posted: Wednesday, August 06, 2008
WICHITA, Kan. (AP) -- For decades, the self-proclaimed chief of a group that claims to be an American Indian tribe was just an annoyance and a pest -- until he got the idea in 2004 of selling tribal memberships to immigrants, a prosecutor told jurors Tuesday.
Malcolm Webber, also known as Grand Chief Thunderbird IV of the Kaweah Indian Nation, falsely claimed tribal membership would confer U.S. citizenship on immigrants, Assistant U.S. Attorney Brent Anderson said in opening statements at Webber's trial.
"That is when he crossed the line," Anderson said.
Defense attorney Kurt Kerns said the government is "flat-out wrong." Evidence will show that the 70-year-old Webber was truly interested in helping people and was used by others who wanted to line their own pockets, he said.
"He trusted and he relied on people who used him," Kerns said.
The government contends that by using Hispanic pastors to reach congregations across the nation, Webber and his group sold tribal memberships to more than 13,000 people for prices ranging from $50 to more than $1,000 each.
Webber encouraged illegal immigrants to use the Kaweah Indian Nation documents to apply for Social Security cards and passports, Anderson said.
"It is a nightmare for the U.S. government," he said.
Webber, of Bel Aire, is charged with two counts each of harboring illegal immigrants, possession of false documents with intent to defraud the United States and conspiracy with intent to defraud the United States, plus one count of mail fraud. The government is also seeking forfeiture of assets Webber gained through the alleged fraud.
The dispute centers partly on whether the Kaweah Indian Nation is an American Indian tribe. The Bureau of Indian Affairs concluded in 1984 that the Kaweah Indian Nation Inc. did not exist before 1980 when it was formed under the leadership of Webber, a non-Indian.
"It is not an Indian tribe," Anderson said. "It is made up. It is nothing."
But Kerns said the defense will establish Webber's Indian heritage. He argued that lack of federal recognition of the Kaweah Indian Nation as a tribe does not mean that it is not a real Indian tribe.
There are 245 unrecognized Indian tribes in the United States, some of which choose not to seek federal or state recognition, Kerns said.
"Chief Webber honestly believed he found a legal way to help these people," his lawyer said.
Prosecution witness Roberto Gonzalez said he bought an $80 Kaweah membership because he was not lawfully in the United States and was told by a tribal representative in Olathe that it would give him legal status.
Gonzalez testified he met with Webber three times in Wichita. At one meeting, Gonzalez said, Webber gave him a letter to take to the Social Security office showing that he was a tribal member so he could obtain a Social Security card.
But officials at the Social Security office told him he needed more documents, Gonzalez testified. He said he became suspicious after getting a visit from a federal agent and came to Wichita to see Webber again.
"He said all of this is legal," Gonzalez testified, adding that Webber told him, "If they catch you, I have an attorney that will get you out."
Robert Lee Fleming, director of the Office of Federal Acknowledgment in the Department of Interior, Indian Affairs, testified about the denial of recognition to Webber's group.
Federal regulations prohibit Kaweah Indian Nation from going through the recognition process again, Fleming said.
He also said his review of the documents in the application indicate Webber has no Indian ancestry.
Malcolm Webber, also known as Grand Chief Thunderbird IV of the Kaweah Indian Nation, falsely claimed tribal membership would confer U.S. citizenship on immigrants, Assistant U.S. Attorney Brent Anderson said in opening statements at Webber's trial.
"That is when he crossed the line," Anderson said.
Defense attorney Kurt Kerns said the government is "flat-out wrong." Evidence will show that the 70-year-old Webber was truly interested in helping people and was used by others who wanted to line their own pockets, he said.
"He trusted and he relied on people who used him," Kerns said.
The government contends that by using Hispanic pastors to reach congregations across the nation, Webber and his group sold tribal memberships to more than 13,000 people for prices ranging from $50 to more than $1,000 each.
Webber encouraged illegal immigrants to use the Kaweah Indian Nation documents to apply for Social Security cards and passports, Anderson said.
"It is a nightmare for the U.S. government," he said.
Webber, of Bel Aire, is charged with two counts each of harboring illegal immigrants, possession of false documents with intent to defraud the United States and conspiracy with intent to defraud the United States, plus one count of mail fraud. The government is also seeking forfeiture of assets Webber gained through the alleged fraud.
The dispute centers partly on whether the Kaweah Indian Nation is an American Indian tribe. The Bureau of Indian Affairs concluded in 1984 that the Kaweah Indian Nation Inc. did not exist before 1980 when it was formed under the leadership of Webber, a non-Indian.
"It is not an Indian tribe," Anderson said. "It is made up. It is nothing."
But Kerns said the defense will establish Webber's Indian heritage. He argued that lack of federal recognition of the Kaweah Indian Nation as a tribe does not mean that it is not a real Indian tribe.
There are 245 unrecognized Indian tribes in the United States, some of which choose not to seek federal or state recognition, Kerns said.
"Chief Webber honestly believed he found a legal way to help these people," his lawyer said.
Prosecution witness Roberto Gonzalez said he bought an $80 Kaweah membership because he was not lawfully in the United States and was told by a tribal representative in Olathe that it would give him legal status.
Gonzalez testified he met with Webber three times in Wichita. At one meeting, Gonzalez said, Webber gave him a letter to take to the Social Security office showing that he was a tribal member so he could obtain a Social Security card.
But officials at the Social Security office told him he needed more documents, Gonzalez testified. He said he became suspicious after getting a visit from a federal agent and came to Wichita to see Webber again.
"He said all of this is legal," Gonzalez testified, adding that Webber told him, "If they catch you, I have an attorney that will get you out."
Robert Lee Fleming, director of the Office of Federal Acknowledgment in the Department of Interior, Indian Affairs, testified about the denial of recognition to Webber's group.
Federal regulations prohibit Kaweah Indian Nation from going through the recognition process again, Fleming said.
He also said his review of the documents in the application indicate Webber has no Indian ancestry.
Story Comments
Read More and Post Comments 0 comment(s)
Please note: The following are comments from readers. In no way do they represent the views of The Sioux City Journal or Lee Enterprises. We will not edit or alter your comments, but we do reserve the right to not post or to remove comments that violate our code of conduct. No comment may contain potentially libelous statements; obscene, explicit or racist language; personal attacks, insults or threats. Terms of Service
