major theft from rosebud sioux tribe spirit camp press release 12-3-2014

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  • 8/10/2019 Major Theft from Rosebud Sioux Tribe Spirit Camp Press Release 12-3-2014

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    Oyate Wahacanka Woecun Rosebud Sioux

    Shield the People Tribe

    FOR IMMEDIATE RELEASEWednesday December 3, 2014

    Contact: Wayne Frederick, Rosebud Sioux Tribal Council Representative

    Gary Dorr, Oyate Wahacanka Woecun, Rosebud Sioux Tribe

    Email: [email protected]@gmail.com

    Phone: (605) 828-1266 / (605) 879-2454

    Rosebud Sioux Tribe Spirit Camp near Ideal, SD: In a surprising move of boldness and lack of regard for

    treaty and property rights, a farmer allegedly stole 29 of the 1,500 lb alfalfa bales from the Rosebud Sioux

    Tribe Spirit Camp near Ideal, SD this afternoon. Camp resident Leota Iron Cloud attempted to make

    contact with the semi-truck driver as she was contacting people by phone to make them aware that

    someone was taking the bales. The driver of the truck made a hasty retreat off the tribal land across an

    adjacent field. The first bales removed by the farmer and his staff were removed from the barrier

    protecting the sweat lodges where ceremonies are held at the camp. The second series of thefts occurred

    at the tipi area where several more bales were taken from the south side of the encampment. The tribal

    police, Bureau of Indian Affairs and the Tripp County sheriff were notified as well as the South Dakota

    highway patrol.

    The criminal act of taking bales rightfully owned by the Rosebud Sioux Tribe and located on Tribally-owned land, held in trust by the United States Federal Government, was witnessed by Iron Cloud, one of

    the camp residents. The farmer stole bales that were taken from another piece of tribally-owned land that

    did not have a lease. The bales were confiscated because the land did not have a lease.

    When contacted through the Winner Dispatch a person identified as Tasha indicated that the Tripp

    County Sheriffs office passed the investigation off to The Rosebud Sioux Tribal Police. This is an

    investigation into the theft of tribal owned property from trust land which is a Federal Offense.

    Since this is a Federal Offense which involves a Non-Indian offender against an Indian Tribe this

    investigation bears investigative action by the Rosebud Sioux Tribal Police and the United States

    Attorneys Office.

    Section 1163 of Title 18 USC makes embezzlement, theft, criminal conversion, and willful misapplication

    of any of the moneys, funds, credits, goods, assets or other property belonging to any tribal organization a

    crime. It is a felony if the amount taken exceeds $1,000, and is subject to imprisonment for a maximum

    of 5 years, a fine pursuant to 18 U.S.C. 3571 which cannot exceed $250,000, or both. The value of the

    bales stolen from the grounds of the Rosebud Sioux Tribe Spirit Camp on December 2, 2014 combined

    with transportation costs and overhead is approximately $5,000. A non-Indian is also subject to this law.

    mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]
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    It is no mistake that this is a criminal act of the highest degree, far removed from the civil argument over

    the loss of unleased crops from almost a year ago. The unleased crops themselves presented a case of

    Trespass. The bales were seized and returned to the tribe under authority of 25 CFR 162.106. Section

    162.106 (a) of this Federal Regulation specifically states I f an agri cultur al lease is required, and

    possession is taken without an agricul tur al l ease by a party other than an Indian Landowner of the

    Tr act we [BI A] wil l treat the unauthori zed use as a trespass. Un less we have reason to believe that theparty in possession is engage in negotiations with the Indian landowners to obtain an agri cultural

    lease, we wil l take action to r ecover possession on behalf of the Indian landowners.

    The farmer alleges that the bales are his crop from last year; however, he had not leased the land, and this

    shows that this is clearly a pre-meditated act of theft of tribal property which was located on tribal trust

    land at the Rosebud Sioux Tribe Spirit Camp. The farmer has taken the bales to his own property which

    is located 7 miles away from the Spirit Camp.

    This story will be updated as the investigation into the felony act of stealing from the Rosebud Sioux

    Tribe continues to develop.

    View south over the Rosebud Sioux Tribe Spirit Camp where hay bales of the south wall were stolen.The sweat lodge in the upper right along the road had all of the hay bales surrounding it stolen.

    Photo by Gary Dorr