ยง 205 Misappropriation of Assistance Funds, Property or Information; Penalties
A. Any person who knowingly and willfully misappropriates Tribal Program Assistance funds, property or information for personal or other use not in the interest of the Tribe shall be subject to civil and criminal penalties or disciplinary action as authorized by applicable law and policies.
B. In the event Assistance benefits are used or pledged by the Beneficiary for a purpose inconsistent with the purpose set forth in the applicable Approved Program and the Beneficiary's Application, the Beneficiary shall be deemed to have forfeited the Assistance benefits and shall be required to repay the Assistance benefits to the Tribe.
C. Any alleged misappropriation or misuse of Assistance funds, property or information shall be brought to the immediate attention of the Tribal Administration and Tribal Council in writing by any person with knowledge of an alleged misappropriation or misuse of Assistance benefits.
D. Upon receiving notice of an alleged misappropriation or misuse of Assistance benefits, the Tribal Council shall determine whether it will hold a hearing for the person who is alleged to have misused or misappropriated Assistance benefits or defer to the Tribal Court or another court of proper jurisdiction.
E. For Tribal Council hearings, the person in question shall be afforded due process, including a written statement of the charges, the right to respond to those charges and the right to present witnesses and other evidence in his or her defense. The decision of the Tribal Council shall be final and shall be appealable to the Tribal Court only if a claim is made by the Beneficiary that due process rights were not afforded.
F. A person found to have misappropriated or misused Assistance benefits must wait five (5) years from the date of the decision to apply for Assistance from the Tribe again. A person found to have misappropriated or misused Assistance benefits a second time must wait ten (10) years from the date of the decision to apply for Assistance from the Tribe again. A person found to have misappropriated or misused Assistance benefits a third time shall not be permitted to apply for Assistance.
G. Forfeited benefits may be offset by any other payments owed to a Tribal Member by the Tribe, including, but not limited to, per capita payments, if such offset is necessary to secure the repayment of forfeited Assistance benefits.
[Legislative History: Enacted by Resolution No. 2018-72, 10/5/2018]