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08-09-2008, 10:20 AM #1
KS-Witness tells of thousands paid to join tribe
Witness tells of thousands paid to join tribe
Eds: CLARIFIES that Webber believed having a reservation would help gain federal recognition, 10th graf.
By ROXANA HEGEMAN
Associated Press Writer
WICHITA, Kan. (AP) -- An unrecognized American Indian tribe that pitched the benefits of tribal membership to immigrants nationwide took in thousands of dollars daily in fees from applicants, a former employee testified Thursday.
The Kaweah Indian Nation and its self-style grand chief, Malcolm Webber, are accused in federal court of peddling memberships costing $50 to more than $1,000 apiece to more than 13,000 legal and illegal immigrants, mostly Hispanic, around the country.
Applicants were told that membership would gain them U.S. citizenship and allow them to obtain Social Security numbers, health care and other benefits, according to the charges.
Eduviges del Carmen Zamora, a native of El Salvador who worked as the group's secretary, testified Thursday she often translated when Hispanic pastors came to discuss membership with the 70-year-old Webber, who calls himself Grand Chief Thunderbird IV.
"He said, 'Tell them that this is a grand opportunity God is giving us so no one will suffer,"' Zamora said.
When pastors inquired about the benefits of being an American Indian, Webber would laugh and smile and also tell them that he did not pay taxes, Zamora said.
Zamora also testified she gave Webber about $30,000 daily in membership fees received from the mostly illegal immigrants.
The federal government has denied recognition of Webber's group as an authentic Indian tribe and says Webber, of Bel Aire, has no Indian ancestry.
Webber went on trial this week in U.S. District Court on charges of harboring illegal immigrants, possession of false documents with intent to defraud the United States, conspiracy with intent to defraud the United States and mail fraud.
The government also seeks to seize about $300,000 that the defense contends Webber planned to use to buy land for a reservation, which the defense contends the chief believed would help his group gain federal recognition.
Defense attorney Kurt Kerns has contended that Webber acted in good-faith belief that selling tribal memberships was a legitimate way to help illegal immigrants take a step toward citizenship.
On Thursday, Kerns raised again the issue of whether Webber actually worked for a "high chief" -- a man who has not been charged -- and carried out that individual's orders.
Under cross-examination, Zamora recounted the presence of the "high chief" during a discussion at the Wichita offices about the deportation of a California tribal member.
Zamora, a lawful U.S. resident, pleaded guilty last month to a count of failure to tell authorities about the fraud in exchange for reduced charges. She told jurors it was Webber who told her to get a U.S. passport and update her status from resident to citizen at the Social Security Administration.
Bruce McKimens, a special agent with the Social Security Administration's Office of Inspector General, testified Thursday that hundreds of applications from tribal members flooded Social Security offices nationwide as word mistakenly spread that Kaweah membership entitled immigrants to Social Security cards.
McKimens testified that to his knowledge, no Social Security cards were issued based on Kaweah membership.
The prosecution is expected to wrap up its case Friday.
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08-09-2008, 10:33 AM #2
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It takes one to know one....
Isn't it interesting that the “criminal illegalsâ€
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08-09-2008, 10:50 AM #3
[quote]Isn't it interesting that the “criminal illegalsâ€
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08-13-2008, 12:42 AM #4
Jury deliberates fate of head of disputed Kansas tribe that let immigrants become members
By ROXANA HEGEMAN , Associated Press
August 12, 2008
WICHITA, Kan. - Jurors began deliberating Tuesday in the federal trial of a man accused of selling Native American tribal memberships to immigrants by falsely claiming the memberships conferred U.S. citizenship and other benefits.
The defense rested without calling any witnesses on behalf of Malcolm Webber, the self-proclaimed chief of the Kaweah Indian Nation. The jury deliberated about four hours Tuesday afternoon and returns to U.S. District Court on Wednesday morning to continue its work.
Prosecutors note that the Kaweah Indian Nation isn't federally recognized. They say the group sold memberships to more than 15,000 people nationwide, often through Hispanic churches, for $50 to more than $1,000 apiece.
Webber is charged with two counts of harboring illegal immigrants, two counts of possession of false documents with intent to defraud the United States, two counts of conspiracy with intent to defraud the United States and one count of mail fraud.
Defense attorney Kurt Kerns told jurors the government did not provide evidence that Webber had any criminal intent in selling the memberships. In his closing argument, Kerns noted that Webber told subordinates to stop telling people that tribal membership equaled citizenship.
The government denied federal recognition of Webber's group in 1985, saying it was not an authentic Indian tribe and that the 70-year-old Webber — who calls himself Grand Chief Thunderbird IV — has no Indian ancestry.
Kerns argued that the lack of federal recognition did not mean the Kaweah was not a legitimate Indian tribe.
Assistant U.S. Attorney Brent Anderson told jurors in his closing argument that the evidence showed Webber had been told repeatedly that his group could not grant legal immigration status.
Anderson told the jury that Webber convinced others his tribe was legitimate with "trinkets and window dressing" such as an armed, uniformed tribal police, official looking seals and documents, and signs in front of his office. He also noted the tribe kept no books and did not take out any withholding taxes for its employees.
"We see pretense after pretense," Anderson said. "It isn't real."
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