Monday, July 02, 2007
Blackfeet Tribe Member Pleads Guilty to Larceny of Grant Funds
Rex Emil Wetzel, 31, Cutbank, Montana, pled guilty to larcency of grant funds issued for a down payment on a home.
The General Assistance Program (GAP) is a federally funded aid program through the Department of Housing and Urban Development (HUD), Office of Native American Programs, to promote Indian ownership of real property by providing the funds necessary for the down payment. Tribal housing authorities apply to HUD for GAP grant funds. A qualified buyer makes application through the local housing authority. If the application is approved by the housing authority, a check for the amount of the down-payment is issued and made payable to both the buyer and the seller. The grant funds can only be used for a single purpose – for an Indian person to make a down-payment on a personal residence he or she will own and occupy.
On January 10, 2002, Wetzel made application to the Blackfeet Housing Authority (BHA) on the Blackfeet Indian Reservation for a GAP Financing Grant. Wetzel is an enrolled member of the Blackfeet Tribe. On March 18, 2002, the BHA approved Wetzel‘s GAP Financing Grant application.
On July 17, 2003, the BHA issued a GAP Financing Grant check, number 018730, in the amount of $12,000, made payable to P.M. and N.M. (the sellers) and Wetzel (the buyer). The check was delivered to the original grant applicant, Wetzel.
The check was cashed at First State Bank, Shelby, Montana, on July 21, 2003. It carried the endorsements of P.M. and N.M. The bank president told investigators that Wetzel had previously had an account at First State Bank but that it had been closed.
On or around July 21, 2003, Wetzel went to First State Bank, reopened his account, and deposited the subject $12,000 check. First State Bank assumed that all three endorsements on the backside of the check were legitimate. Wetzel requested to withdraw all $12,000, but First State Bank placed a three-day hold on the check. Wetzel withdrew $100 in cash. The check cleared through Native American Bank, Browning, Montana, and Wetzel subsequently withdrew all of the funds by means of numerous written checks.
N.M., after hearing that her husband had endorsed the check, became suspicious when Wetzel did not return with the check for her signature. She suspected that Wetzel had forged her name and converted the check to purposes for which the check was not intended. She notified the BHA of her suspicions and confirmed that if the check was negotiated with her endorsement the signature would be a forgery.
The BHA determined that the check had been negotiated but by that time the funds had been completely depleted by Wetzel through a series of transactions over a two-week period.
Wetzel faces possible penalties of 5 years in prison, a $250,000 fine and 3 years supervised release.
mortgage fraud
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Trial coverage provided by Anne Mitchell, Crazy Fish Realty.
F. Jeffrey Miller Update - October 20, 2009
A hearing was held in Topeka, Kansas in front of Judge Julie Robinson. Miller is currently being held pending his sentencing which is set for December 22nd, 2009 at 9:00 a.m.. Steve Vanatta and Hallie Irvin, Miller's codefendants, will be sentenced at that time also.
Several motions were heard this week. One was a motion for Miller to be released pending his sentencing. Miller's attorney, Jeff Morris, argued that the court had dismmissed with predjudice the matter involving Miller's purchase of a commercial lawnmower, violating the court ordered monitoring agreement. He also argued that Miller was not a flight risk and should be released. This motion was denied.
Another motion heard by Judge Robinson was that of an escrow account containing proceeds from the sale of Miller's forfeited assets. This account has a balance of $143,000. Attorney Morris argued that his firm was due $100,000 for work done in the Miller matter, to date. The government argued that his 'un-itemized fees' were 'exhorbitant'. The balance of the funds, Morris argued, should be released to the Miller family to help pay for mounting household expenses.
The government argued that the 'Asset Forfeiture Provision' applies down to 'the last penny' and that 'the rights of the victims to made whole are of paramount immportance' and that no routine household expenses like Visa bills, are allowed.
Attorney Morris argues that there is more than enough assets to satisfy the jury's judgement of $2.65 million dollars. The government argues that the estimated value of his assets are only $1.4 million.
The government also stated that Miller has been paid dividends from a company Miller has an ownership interest in; Boreflex. From July, 2008 to present, Miller has been paid $330,509.30 from Boreflex, unbeknownst to the court appointed monitor.
Present in the courtroom was Todd Earnshaw. Earnshaw was indicted along with Miller and others in what is commonly referred to as 'Miller I'. That trial is scheduled to begin on January 11, 2010 in Topeka, Kansas.
More Trial Coverage
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