"...laundering drug money through the casinos"....

"The biggest problem we are seeing is people laundering drug money through the casinos,”....

Oklahoma crime: Jurisdiction in Indian country involves federal, tribal, state governments
BY SHEILA STOGSDILL Published: April 22, 2012

When an infant's body was found under a bed in a dormitory at Riverside Indian School in Anadarko, the death was investigated by two federal agencies rather than state agencies.

Because the American Indian boarding school is on federal land, the FBI and the Bureau of Indian Affairs had jurisdiction over the investigation, not the Caddo County sheriff and the Oklahoma State Bureau of Investigation.

The November 2009 crime also fell under the Major Crimes Act and the Indian Country Crime Act because it involved an American Indian and a homicide.“Criminal jurisdiction in Indian country is allocated among three governments — federal, tribal and state,” said Lisa Liebl, Cheyenne and Arapaho Tribes spokeswoman.

Federal agencies investigate crimes committed under the Major Crimes Act and the Indian Country Crimes Act. Tribal law enforcement departments have jurisdiction over victimless and misdemeanor crimes committed on tribal land. Local agencies — such as county sheriff offices and municipal police departments — have jurisdiction over crimes committed by a non-Indian against another non-Indian in Indian country.

The Major Crimes Act covers more serious offenses, including homicide, rapes, sexual assaults, thefts and embezzlement.

The Indian Country Crimes Act applies if either the defendant or the victim is American Indian. A federal prosecutor handles prosecution of those types of cases.

The two acts overlap when an Indian is accused of a “major” crime against a non-Indian in Indian country, Liebl said.Tribal courts apply the same standard of justice and fairness as Oklahoma judges and prosecutors, Liebl said. Tribal courts cannot impose the death penalty or more than one-year incarceration for misdemeanor-type crimes. They can impose a $5,000 fine, Liebl said.

If an American Indian is punished by a tribe, the federal government has no authority under the Indian Country Crimes Act to prosecute the person again, Liebl said.

Tribal police departments“Some tribes have their own law enforcement,” said Felicia Heartfield, Cheyenne and Arapaho Tribes director of security.

Each tribe is sovereign and the level of law enforcement depends on the tribe, she said.

The Cheyenne and Arapaho Tribes budget about $2.4 million for law enforcement, tribal officials said.The tribes' security department performs property checks, handles safety issues and monitors the tribal administration and executive buildings, Heartfield said.

If a violent situation erupts, the security officers call 911, she said.

“Depending on the severity of the situation, the first phone call is to the BIA,” Heartfield said.Working together“We work real close with the BIA,” Muskogee County Sheriff Charles Pearson said.

In some cases, the departments have exchanged equipment, radios, automobiles and manpower, Pearson said.

The Cherokee Nation Marshal Service handles the east side of the county and the Creek Nation Lighthorse police department handles the west side of the county, he said.

“The biggest problem we are seeing is people laundering drug money through the casinos,” Pearson said. Two casinos are in Muskogee County — the Muscogee (Creek) Nation Casino in Muskogee and the Cherokee Casino-Fort Gibson.“The current (investigation) trend is leaning toward white-collar crimes,” BIA Special Agent Jerry Keener said.

He said the BIA unit has 60 officers, including 10 agents.

“The eastern part of the state has more agents, and the western part of the state has more uniform police officers,” Keener said.

Most tribal law enforcement departments have cross-deputization agreements with sheriff's offices within their tribal boundaries, which allow the law enforcement agencies to assist one another.

Cross deputizationIn Oklahoma, 26 cross-deputization agreements exist between tribal law enforcement departments and sheriff's offices or municipalities, said Laurie Schweinle, executive administrative assistant with the Council on Law Enforcement Education and Training.

Tribal officers who enter into the agreement are required to earn and maintain CLEET certification, just like any other law officer in the state, she said.

Read more: http://newsok.com/oklahoma-crime-jurisdiction-in-indian-country-involves-federal-tribal-state-governments/article/3668428#ixzz1sm58fSuV