Fraud charges levied against Poundmaker leaders, former leaders

The embattled chief of the Poundmaker First Nation is succinct when it comes to discussing his legal situation.
“I can’t talk about it,” said Chief Duane Antoine.
Antoine and eight others, either present or past councilors or band trustees, are facing charges under the Criminal Code. Conviction could result in jail time as well as an order for restitution.

Antoine and councilors Colin Favel and Bryan Tootoosis are each charged with two counts of theft over $5,000, two counts of fraud over $5,000, two counts of breach of trust by a public official, and one count of criminal breach of trust. Facing the same charges are former Chief Ted Antoine and Irene Tootoosis.

Norman Antoine  Hickson Weenie, Burton Baptiste, and Victoria McMillan are each charged with one count of theft over $5,000, one count of fraud over $5,000, and one count of criminal breach of trust.

All others charged are either former councilors or trustees of the band’s Treaty Land Entitlement fund.
Charges laid are the result of a seven-year investigation.
The Cutknife RCMP detachment received a complaint from a Poundmaker member in June 2004. In January 2006, the local detachment turned over the investigation to the Commercial Crime Section of the RCMP in Saskatoon.

“A financial criminal investigation can be quite complex and this particular allegation and complaint involved numerous allegations of financial misconduct,” said Sgt. Lora Anne Machdanz, spokesperson of RCMP F Division, Commercial Crime Section.

The Cutknife detachment undertook the initial work, which included obtaining documents and conducting interviews. By the time the Commercial Crime Section laid charges on June 30 of this year, thousands of documents had been obtained and over 40 individuals were interviewed.

The length of time the investigation took is neither  “extraordinary nor normal,” said Machdanz. “Each investigation is dependent on what the allegations are and what steps investigators need to take to thoroughly investigate the matter. Every situation is unique.”

Machdanz would neither confirm that the Treaty Land Entitlement fund was the focus of the investigation nor how much money was involved.

Rod Desnonie, spokesman for Aboriginal and Northern Affairs Canada, Saskatchewan region, said the Poundmaker First Nation received $12,503,170 through Treaty Land Entitlement in 1992.

TLE funding is considered own-source revenue generated by a band. Once the TLE trust agreement is established and ratified by band members, the “department has no involvement from that point,” said Desnonie.

The band is required to show the TLE as part of its consolidated audit which it provides to ANAC annually.

“We do ask that the bottom line financial information for that revenue be included when the First Nation submits its consolidated audit,” said Desnonie. “We don’t, however, require detailed financial information from the trust.”

Desnonie noted that band council is supposed to share the information with its membership “to provide a complete financial picture to their members.”

Desnonie said five years of financial statements from Poundmaker First Nation raised no concerns with ANAC.
Because Poundmaker First Nation has a custom band election, ANAC cannot take action.

“They determine how the leadership is elected. If they choose to remove that leadership they have processes in place,” said Desnonie.

“I’m still chief of Poundmaker,” said Antoine.

Comments posted on Facebook under Rez-Life indicate disappointment with what is happening.

Said Joseph Steele, “The entire operational system is broke. There (is) no hope in repairing. It should be dismantled and redone from scratch.”

M.b. Paul wrote, “Seems like our leaders prefer to help themselves rather than the community!! that obviously is happening on all the reserves. Hope rest of the f’ers get caught..thats there idea of helping the people!”

Suggested Crystal White, “Make it law that any member can walk in and see any financials or deals they want. A Law that anyone caught in corruption may never run for council again. A law that they can be sued and banned from the reserve (if someone who gets into a fight can be banned , why not those who steal millions and abuse their power?). Forensic audits every five years. No closed meetings, must all be done on video and available to all membership to know what is going on.”

All nine charged are scheduled to appear in Cut Knife Provincial Court on Aug. 16.

Under the Criminal Code, conviction for fraud over $5,000 can result in a prison term not exceeding 14 years; theft over $5,000 can result in a prison term not exceeding 10 years; and breach of trust by a public officer can result in a prison term not exceeding five years.