501 Misappropriation of Assets of Tribe and Effect on Per Capita Payments

501 Misappropriation of Assets of Tribe and Effect on Per Capita Payments

§ 501 Misappropriation of Assets of Tribe and Effect on Per Capita Payments
In all instances where a Tribal Member is  found to have misappropriated assets of the Tribe by a court of competent jurisdiction in a civil or criminal case, including, but not limited to, the commission of any tort or crime against the Tribe, the Tribal Member shall make full and complete restitution to the Tribe, interest on the restitution amount due at a rate of ten percent (10%) per annum calculated from the date of the misappropriation, payment of the Tribe’s attorney’s fees and costs incurred in seeking and obtaining such restitution, and any other additional penalty owed to the Tribe which may be assessed by a court of competent jurisdiction. As authorized by this Chapter, the Tribe shall deduct all sums due and owing to the Tribe by the Beneficiary prior to the distribution of any Per Capita Payment(s) due to the Beneficiary.

[Legislative History: Enacted by Resolution No. 2019-69, 6/3/2019]
    • Related Articles

    • 202 Allocation of Net Gaming Revenues

      § 202 Allocation of Net Gaming Revenues A. The percentage allocation of the Tribe’s Net Gaming Revenues, as defined in the Tribe’s Gaming Compact, to each category shall be as follows:       1. Tribal Government Operations and Programs 35% - 70%  ...
    • 201 Requirements for Use of Tribal Net Gaming Revenues

      § 201 Requirements for Use of Tribal Net Gaming Revenues A. The San Juan Southern Paiute Tribe’s “RAP” shall comply with the Indian Gaming Regulatory Act, 25 U.S.C. §2710(b)(2)(B) and all other applicable federal law. B. In compliance with the IGRA, ...
    • 304 Payments

      § 304 Payments A. Payments. Any Per Capita Payment authorized by the Tribal Council pursuant to this Chapter shall be made to or on behalf of all eligible Tribal Members who meet the requirements of this Chapter, and for Minors or Legally Incompetent ...
    • 305 Lapse of Per Capita Payment

      § 305 Lapse of Per Capita Payment For any Per Capita Payment due to a Tribal Member that lapses in accordance with § 304(C) of this Chapter, or for any other proper reason, the Tribal Member shall have no further claim to the Per Capita Payment and ...
    • 103 Definitions

      § 103 Definitions For purposes of this Chapter, this section shall govern the definitions of words and phrases used herein. All words not defined herein shall be used in their ordinary and everyday use. A. “Code” means the Internal Revenue Code of ...