Thread: KS-Jury finds self-proclaimed Indian chief guilty

Jury finds self-proclaimed Indian chief guilty
By ROXANA HEGEMAN Associated Press Writer © 2008 The Associated Press
Aug. 13, 2008, 4:55PM
WICHITA, Kan. — The leader of a group that claims to be an American Indian tribe was convicted Wednesday of defrauding immigrants by falsely telling them tribal membership would make them U.S. citizens.

Malcolm Webber was found guilty on six federal charges arising from the unrecognized tribe's efforts to sell memberships. The jury acquitted him on a conspiracy count.

U.S. District Judge Wesley Brown will decide how much money Webber must forfeit. Prosecutors estimate the fraud at about $1.2 million. Sentencing was set for Nov. 3.

Prosecutors argued that Webber, 70, marketed memberships in the Kaweah Indian Nation by telling immigrants the tribal identification documents could be used to get Social Security cards, U.S. passports, health care benefits and driver's licenses.

Webber's attorney, Kurt Kerns, argued that his client had no criminal intent and only sought to help undocumented immigrants become legal residents.

The defense called no witnesses during the trial.

Webber, who remains free on bond, was convicted on two counts of harboring illegal immigrants, two counts of possession of false documents with intent to defraud the United States, one count of conspiracy with intent to defraud the United States and one count of mail fraud.

He showed no emotion as the verdicts were read. Kerns declined to comment afterward.

Assistant U.S. Attorney Brent Anderson told jurors the Kaweah Indian Nation is Webber's invention.

The Bureau of Indian Affairs ruled in 1984 that the Kaweah group had no historical link to American Indian tribes and that Webber — who calls himself Grand Chief Thunderbird IV — is not an Indian.

Even if it were a legitimate tribe, immigrants cannot obtain legal immigration status by joining a tribe.

U.S. Attorney Eric Melgren said it was important to prosecute cases to protect immigrants.

"These people were defrauded of money on a faulty promise that it would improve their immigration status," he said. "They were also victims and I think part of the justice in this case was protecting people."

Federal prosecutors charged the tribe and 11 people last year. Charges have been dismissed against the tribe and two defendants, one remains a fugitive and seven others have pleaded guilty to reduced charges.

Robert Visnaw, a special agent with Immigration and Customs Enforcement, testified that agents seized Kaweah enrollment rolls with the names of 13,142 people, plus an additional 2,000 to 3,000 applications that had not yet been processed.

Visnaw testified he had compared 1,000 of those memberships with ICE databases, and it appeared only 4 percent to 5 percent were lawful residents or citizens.

Roger Nunemaker, a longtime friend of Webber who watched part of the trial, said the government's case did not convince him that Webber had done anything illegal. But he now doubts that Webber was a real Indian chief and wonders about the $30,000 a day the tribe raked in, according to trial testimony.

"Where did the money go?" he said. "It just left me with more unanswered questions."


http://www.chron.com/disp/story.mpl/ap/ ... 41996.html

Roger Nunemaker, a longtime friend of Webber who watched part of the trial, said the government's case did not convince him that Webber had done anything illegal. But he now doubts that Webber was a real Indian chief and wonders about the $30,000 a day the tribe raked in, according to trial testimony.

"Where did the money go?" he said. "It just left me with more unanswered questions."

Oh, they probably had to upgrade their computer equipment and hire more forgers.

Posted on Fri, Dec. 12, 2008 10:15 PM
Man sentenced to prison in immigration fraud
The Associated Press

WICHITA | The leader of a group that claims to be an American Indian tribe was sentenced Friday to five years in prison in an immigration fraud case.

The case ensnared about 12,000 people who believed Malcolm Webber’s false claims that tribal membership gave them U.S. citizenship.

Webber, also known as Grand Chief Thunderbird IV, must also serve three years of probation after release from federal prison and forfeit more than $377,000 seized last year by agents who raided the Kaweah Indian Nation offices in Wichita.

Webber, 70, of Bel Aire, Kan., was convicted in August on six felony charges arising from the sale of memberships. The jury acquitted him on a conspiracy count. Webber, who is now living in a halfway house, will be allowed to voluntarily surrender to begin serving his prison time.

U.S. District Judge Wesley Brown rejected all requests by the government and defense for upward or downward departures from federal sentencing guidelines, ruling five years in prison is sufficient for the crime.

The defendant made no statement to the court before sentencing.

Webber closed his eyes during the hearing as he heard Brown tell lawyers he planned to sentence him to a prison term far shorter than the 210 months in prison sought by prosecutors, but still more than the year and a day of imprisonment the defense had wanted.

“The court is very wise, and the United States has no objection,â€