Last Updated: 17 years ago
AUTHOR: Roxana Hegeman
The promise of a new life in the United States has always been a powerful lure, drawing individuals from across the globe seeking opportunity and freedom. Sadly, this hope can sometimes be exploited, as evidenced by the case of Malcolm Webber, the self-proclaimed leader of a group masquerading as an American Indian tribe. Webber’s scheme preyed on the dreams of vulnerable immigrants, falsely promising that tribal membership would pave their path to U.S. citizenship. After a meticulous investigation and a closely watched trial, justice has been served: Webber was found guilty of defrauding immigrants, marking a significant victory for both the victims and the integrity of the U.S. immigration system.
The trial, held in U.S. District Court in Wichita, Kansas, culminated in a jury finding "Chief" Malcolm Webber, 70, guilty on six charges related to the unrecognized tribe’s deceptive practice of selling tribal memberships. After deliberating for seven hours, the jury reached a verdict that underscored the severity of Webber’s crimes. While he was found not guilty on one count of conspiracy to defraud the United States by submitting false passport applications, the remaining convictions painted a clear picture of his fraudulent activities.
Specifically, Webber was convicted on two counts of harboring illegal immigrants, demonstrating his direct involvement in concealing and aiding individuals residing in the country unlawfully. He was also found guilty on two counts of possession of false documents with intent to defraud the United States, highlighting his deliberate use of fabricated paperwork to further his scheme. The jury further convicted him on one count of conspiracy with intent to defraud the United States and one count of mail fraud, showcasing the breadth and depth of his criminal enterprise. The Fake Indian Tribe Found Guilty of Defrauding Immigrants.
Following the reading of the verdicts, U.S. District Judge Wesley Brown informed the jurors that the attorneys had agreed to have the court, rather than the jury, decide on the forfeiture of the proceeds from the criminal acts. Prosecutors have estimated the scale of the fraud at approximately $1.2 million, representing the financial damage inflicted upon the unsuspecting immigrants who fell victim to Webber’s promises.
Sentencing for Webber was scheduled for November 3rd. Despite the gravity of the convictions, Webber remained free on bond, pending the sentencing hearing. Throughout the reading of the verdicts, Webber displayed no discernible emotion, maintaining a stoic demeanor. In the aftermath of the proceedings, his defense attorney, Kurt Kerns, stated that "No comment will be made because we have to file an appeal," indicating the legal battle was far from over.
U.S. Attorney Eric Melgren, speaking to reporters outside the courthouse, emphasized the importance of enforcing U.S. immigration laws. He acknowledged the nation’s historical role as a welcoming destination for immigrants, stating, "This has always been a country that welcomes immigrants, and most of us are descendants of immigrants or immigrants ourselves. But we have a procedure and a process by which that is done and it is in the government’s interest to enforce that process." Melgren further underscored the necessity of prosecuting such cases to protect vulnerable immigrants from exploitation. "These people were defrauded of money on a faulty promise that it would improve their immigration status," he explained. "They were also victims and I think part of the justice in this case was protecting people." The successful prosecution serves as a deterrent to others who might consider exploiting the hopes and dreams of immigrants for personal gain.
The prosecution’s case centered on Webber’s marketing of memberships in the so-called "Kaweah Indian Nation." Prosecutors argued that Webber, residing in Bel Aire, Kansas, targeted immigrants in Kansas, Nebraska, and other parts of the country, falsely claiming that the tribal identification documents could be used to obtain Social Security cards, U.S. passports, healthcare benefits, and driver’s licenses. This deceptive sales pitch lured individuals seeking to legitimize their status in the United States, leading them to invest their hard-earned money in a fraudulent scheme. The Fake Indian Tribe Found Guilty of Defrauding Immigrants exemplifies a betrayal of trust and a violation of the legal processes designed to protect immigrants.
The defense attorney, Kurt Kerns, countered by arguing that his client lacked criminal intent and genuinely sought to assist undocumented immigrants in becoming legal residents. He attributed the overcharging of individuals for tribal memberships to others involved in the operation, attempting to distance Webber from the financial aspects of the fraud. During the trial, the defense opted not to call any witnesses, and Webber himself did not testify in his own defense, a strategic decision that ultimately did not sway the jury.
A key element of the prosecution’s argument was that the Kaweah Indian Nation, the purported tribe at the center of the scheme, is not a federally recognized tribe and is, in fact, Webber’s own creation. Assistant U.S. Attorney Brent Anderson emphasized to the jurors that even if the Kaweah Indian Nation were a legitimate tribe, immigrants could not obtain legal immigration status simply by joining its ranks. This point was crucial in dismantling the false promises made by Webber and highlighting the illegality of his actions. Anderson revealed that reports of the sale of tribal memberships for fraudulent immigration purposes first emerged in 2003, but it was not until 2006 that the full scope of the operation became apparent. The memberships were being sold across the United States, indicating a widespread and organized effort to defraud immigrants.
Further undermining Webber’s claims, the Bureau of Indian Affairs had previously ruled in 1984 that the Kaweah group had no historical connection to American Indian tribes. The bureau also determined that Webber, who referred to himself as "Grand Chief Thunderbird IV," is not an Indian, effectively dismantling his pretense of tribal leadership.
In the preceding year, federal prosecutors had charged the tribe and 11 individuals in a 17-count indictment. Since then, charges against the tribe and two defendants had been dismissed, one individual remained a fugitive, and seven others had pleaded guilty to reduced charges, illustrating the unraveling of the criminal network surrounding the Kaweah Indian Nation.
Robert Visnaw, a special agent with Immigration and Customs Enforcement (ICE), provided crucial testimony during the trial. He stated that agents had seized tribal enrollment rolls containing the names of 13,142 people, along with an additional 2,000 to 3,000 unprocessed applications. This staggering number underscored the scale of Webber’s operation and the extent to which immigrants had been deceived.
Visnaw, the lead investigator in the case, admitted that he had not yet reviewed the entire membership roll. However, his analysis of 1,000 tribal memberships, compared with ICE databases, revealed that only 4 to 5 percent of the members were lawful residents or citizens. This statistic starkly demonstrated the overwhelming proportion of undocumented immigrants who had been targeted by Webber’s fraudulent scheme. The Fake Indian Tribe Found Guilty of Defrauding Immigrants, and this case shows that those who exploit the vulnerable will be brought to justice.
The conviction of Malcolm Webber sends a clear message that exploiting immigrants for personal gain will not be tolerated. The U.S. immigration system, while complex, is designed to ensure fairness and order. Individuals who attempt to circumvent these processes through fraudulent means will face the full force of the law. This case serves as a reminder of the importance of vigilance, due diligence, and seeking legitimate legal counsel when navigating the complexities of immigration. The Fake Indian Tribe Found Guilty of Defrauding Immigrants has been shut down.