Copyright © 1999 NLThomas
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TAHLEQUAH - Chief Joe Byrd, of the Cherokee Nation of Oklahoma (CNO), blasted the Department of Interior (DOI) for failure to properly account for Indian money, referring to a recent ruling by a federal judge. Judge Royce Lambert ruled that Bureau of Indian Affairs (BIA) Interior Secretary Bruce Babbitt, Treasury Secretary Robert Rubin and Assistant Secretary of Interior Kevin Gover be held in civil contempt for failing to produce records relating to the U.S. Government Indian trust fund.

The CNO has been put on an allowance, by the Department of Interior due to a government audit which found that the Byrd administration had improperly spent federal funds on legal services. It was agreed that the $88,000 in misused government funds would be paid back and that future funding would be allotted by monthly installments until the CNO could provide a full accounting of spending for a previous missing year.

The CNO's books had been audited previously by Deloitte & Touche but could not be completed, missing records cited as one of the reasons. The chief has been charged with diversion of funds in tribal court, but the case has not yet made it into the court, due to Byrds disregard of court orders.

Byrd handed over the $88,000 from the general funds, without the councils approval which, according to council member Paula Holder, is required since the payment was not a part of an allocated budget.

Byrd stated in a news release, "I met with Interior officials on Tuesday and informed them that the payment was being made, and they were satisfied." Byrd said, "Our Department of the Interior funding could have been in jeopardy had we not made the repayment" and added, "too many Cherokees are dependent on this money for housing, roads, education and other services. I could not place our funding in jeopardy."

In an apparently unrelated action, on Thursday it was reported that Joe Byrd had been questioned on Tuesday by an FBI agent and the U.S. Department of Interior's Inspector General, concerning an ongoing wiretapping investigation, where Byrd admitted to having listened to a portion of the tapes.

The tribe's council was notified Thursday by tribal accountants, that the fund had been repaid. Council member Paula Holder said, the council should have been notified of any request for immediate repayment of the misused funds when it met earlier in the month. Some of the council members are now asking that the BIA return the payment stating that it was paid illegally from the tribe's general fund.

CNO Council members voted that a letter be written to the BIA asking that the money be returned, six voted yes, one voted no, and five abstained.

In February 1997, tribal marshals served a legal search warrant at the the tribal headquarters after evidence of the alledged misuse of funds was discovered. Byrd in turn fired all of the tribal marshals. This marked that beginning of the CNO's constitutional crisis and on going power struggle between the executive and judicial branches of the CNO's Government.

Byrd has been charged with diversion of funds in tribal court, but the case has not yet gone to trial.

Council member Holder said, "This is the same ole $88,000 that started this crisis," and said because of the pending case, she would not have voted to approve payment of the $88,000.