Nageezi official admits stealing chapter money

By John Christian Hopkins
Diné Bureau

WINDOW ROCK — Sam Henry, former community services coordinator for the Nageezi Chapter, admitted his role in violating the Navajo Nation's ethics in government law and accepted the sanctions handed down by the Ethics & Rules Committee Thursday.

"I'm willing to accept the consequences. I know I did wrong," Henry said. Henry will pay back $18,511.95 to the chapter and is barred from holding elected office or being in a position to handle money or checks at any tribal job over the next five years.

Ron Largo and Lewnell Harrison, investigators with the ethics office, conducted an extensive probe into Nageezi's operation and found that Henry between Nov. 29, 2005 and March 23, 2006 unlawfully issued seven checks, totalling $15,511.95, to various family members, who would cash the checks and hand the money over to Henry.

Henry would give a small sum to some of those for letting him use their names on the checks, said Virgil Brown, executive director of the Ethics & Rules office.

Those receiving the fraudulent checks were:

• Rosita Toledo, sister, $1,963.20
• Elishau Henry, son, $4,422.75
• Wilma Benally, son's girlfriend, $1,600
• Tracy Toldeo, niece, $4,500
• Charmayne Griffin, daughter, $528
• Candace Toledo, niece, two checks for $350 and $1,748

In addition, Henry issued a check for $15,467.01 to contractor Michael Brown for repair work without a contract or approval by chapter members. The complaint alleged that Henry met Brown at a Farmington bank and was given back $3,000.

There was no contract for Brown's services, no supporting documentation and no work ever carried out.

Henry was granted permission by former chapter president Calvert Garcia to forge his signature on the seven checks issued to his family members, Brown said.

In addition, Henry admitted that on June 2 he was illegally given $400 by Garcia for helping the former president withdraw $6,000 from a chapter checking account at Wells Fargo bank in Bloomfield, N.M.

In addition to being in violation of the Nation's ethics laws, Henry also acknowledged abusing the Local Governance Act laws.

Although the investigators also recommended that Henry be disqualified from employment with the tribe for the next five years, Brown asked the E & R members to take into consideration that fact that Henry has admitted his wrongdoing, has been cooperative with the investigators and has agreed to testify against any other chapter officials caught up in this scheme.

"He did this voluntarily, we didn't promise him anything," Brown said. "He brought this up himself, he wanted to resolve it."

No promises or deals were made to Henry, Brown noted, however Henry would like to ask that he be allowed employment with the Nation. The E & R office only makes recommendations and the committee is free to disregard them and hand down its own punishment, Brown explained.

Currently unemployed, Henry agreed to begin making restitution payments of $200 per month, beginning in October, Brown said.

Before the committee issued it's decision, following an hour in executive session, Henry addressed the committee, "This has been a learning experience. I should have known better. I took something that didn't belong to me and I want to pay it back."

It was a lot of money to be playing games with and the committee would not take the matter lightly, said Vice Chairman Curran Hannon.

"It's not a learning experience, Mr. Henry, it's right from wrong," admonished Chairman LoRenzo C. Bates. "You did wrong to the people who entrusted you."

Another stipulation in the board's final decision was that Henry apologize in person to community members at the next Nageezi Chapter meeting.

E & R member Duane Tsinigine said he would vote for the decision, though "my consciene tells me not to." The committee was letting Henry off too lightly, Tsinigine said.

Henry came forward to cooperate with the ethics office because he was feeling guilt, Brown said.

"He said it was bothering him, he had used family members," Brown said.

Brown commended Henry for being willing to admit his wrongdoing and accept his punishment. Often respondents will try to lie their way out of the charges, he said. But Henry came forward on his own fairly early in the investigation, Brown said.

The ethics director also offered praise Largo and Harrison for the long hours and dedicated work they put in on this case, and numerous others.

"They did an outstanding job," Brown said.

Largo estimated that he spent in excess of 200 hours on this case alone. The investigators do a thorough probe before the respondents are even brought in for questioning, Brown said. That way, if a person tries to lie their way out of the situation, they are confronted with documents cancelled checks, contracts, affidavits, Brown said.

"After that they usually sit down and admit what they did," Brown said.

This particular case proved more difficult because a mysterious fire destroyed the Nageezi Chapter House and many written records, Brown said.

While he said he didn't know the cause of the fire, Brown said people could look at the timing of it and draw their own conclusions.