Sun, Nov 22 2009
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Published September 17, 2007 10:49 pm - WICHITA, Kan. — The leader of an unrecognized American Indian tribe told authorities they had no right to be “on sovereign land” when they came to arrest him on charges stemming from the sale of tribal memberships to illegal immigrants, according to court documents. Unrecognized tribe accused in immigration scam claims sovereignty The Associated Press
WICHITA, Kan. — The leader of an unrecognized American Indian tribe told authorities they had no right to be “on sovereign land” when they came to arrest him on charges stemming from the sale of tribal memberships to illegal immigrants, according to court documents. The Kaweah Indian Nation had at least one armed tribal police officer at one of its Wichita offices, the court documents say, and authorities who raided the group’s offices seized four loaded firearms and boxes of ammunition. Prosecutors also contend in court filings that the presence of weapons and the officer was consistent with Malcolm L. Webber’s long-standing pattern of asserting civil authority over his organization with shows of force that began in the 1980s in Oatman, Ariz., and continues until today. According to the court filing, Webber, also known as Grand Chief Thunderbird IV, at one time threatened the Mohave County Sheriff’s Department in Arizona, stating, “It will make Wounded Knee look like a Sunday School picnic.” But defense attorney Kurt Kerns portrayed his 69-year-old client as a “mild-mannered pastor” who was the victim of renegade underlings who sold tribal memberships to immigrants for hundreds of dollars and pocketed the money. “Malcolm is another victim of this fraud. He is not a perpetrator,” Kerns told the judge. Kerns said Webber told immigrants they would have the benefits of tribal membership only after the tribe was federally recognized and said others may have misunderstood him. Kerns told the judge Webber fired one person after finding out he was selling the memberships at an inflated price. Kerns also argued that Webber’s actions actually were helpful because illegal immigrants were registering with him. The arguments came as the government sought Monday to keep Webber incarcerated until his trial on charges of attempting to defraud the federal government, harboring illegal immigrants and possession of false identification documents with intent to defraud the United States. Assistant U.S. Attorney Brent Anderson told the court that Webber would intimidate witnesses and obstruct justice if freed. Anderson cited the arrest of Eduviges del Carmen Zamora, the tribe’s so-called deputy secretary of state. After she was questioned, Anderson said, the woman was fearful of going into a room with other tribal members and made the motion of having her throat slit. U.S. Magistrate Judge Donald Bostwick kept Webber in jail for now and continued his detention hearing until Friday so Kerns could address what the judge said were his concerns that Webber may use his network of tribal offices in Texas and Mexico to flee. The judge also expressed concerns about the safety of court officials, given the statements Webber allegedly made about sovereignty, and about how the court could prevent Webber from having prohibited contacts with other tribal members. “It is very difficult for me to buy the picture the defendant paints of himself as a victim,” Bostwick said. In an unusually passionate court filing, prosecutors pointed to Webber’s prior felony conviction for lewd and lascivious behavior: “The defendant’s prior conviction, while 20 years old, also reflects poorly on his character, and further raises questions about whether any promises he may make to the Court are worth the carbon dioxide the defendant exhales to utter them.” 
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