By Roxana Hegeman
The promise of a better life in the United States has always been a powerful lure, drawing people from across the globe to its shores. Sadly, this yearning for opportunity can sometimes make immigrants vulnerable to unscrupulous individuals seeking to exploit their hopes for personal gain. In a case that highlights the dark side of this phenomenon, Malcolm Webber, the self-proclaimed leader of an organization identifying itself as the Kaweah Indian Nation, an unrecognized indian tribe, was found guilty of defrauding immigrants with false promises of citizenship through tribal membership.
After a trial held in the U.S. District Court in Wichita, Kansas, a jury delivered a mixed verdict on Wednesday, finding Webber, 70, guilty on six of seven counts related to the alleged scheme. The charges stemmed from Webber’s efforts to sell memberships in the Kaweah Indian Nation, promising that such affiliation would pave the way to U.S. citizenship for undocumented immigrants.
The jury’s deliberations spanned seven hours, ultimately leading to a not guilty verdict on one count of conspiracy to defraud the United States by submitting false passport applications. However, Webber was convicted on two counts of harboring illegal immigrants, two counts of possession of false documents with intent to defraud the United States, one count of conspiracy with intent to defraud the United States, and one count of mail fraud. The Unrecognized 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 allow the court to determine the forfeiture of the proceeds from the criminal acts, rather than tasking the jury with that responsibility. Prosecutors estimated the total amount of the fraud to be approximately $1.2 million.
Sentencing for Webber was scheduled for November 3. He was allowed to remain free on bond pending sentencing. During the reading of the verdicts, Webber displayed no discernible emotion.
Defense attorney Kurt Kerns, speaking after the proceedings, stated, "No comment will be made because we have to file an appeal."
U.S. Attorney Eric Melgren addressed reporters outside the courthouse, emphasizing the importance of enforcing U.S. immigration laws. "This has always been a country that welcomes immigrants, and most of us are descendants of immigrants or immigrants ourselves," Melgren said. "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 also underscored the significance of prosecuting such cases to protect immigrants from exploitation. "These people were defrauded of money on a faulty promise that it would improve their immigration status," he said. "They were also victims, and I think part of the justice in this case was protecting people."
The prosecution presented evidence that Webber, residing in Bel Aire, Kansas, actively marketed memberships in the Kaweah Indian Nation to immigrants residing in Kansas, Nebraska, and other states. He allegedly claimed that tribal identification documents could be used to obtain Social Security cards, U.S. passports, healthcare benefits, and driver’s licenses.
In contrast, Kerns argued that his client lacked criminal intent and was solely motivated by a desire to assist undocumented immigrants in achieving legal residency. He further alleged that others were responsible for overcharging individuals for tribal memberships.
The defense opted not to call any witnesses during the trial, and Webber himself did not testify in his own defense.
A central point of contention throughout the trial was the legitimacy of the Kaweah Indian Nation. Assistant U.S. Attorney Brent Anderson asserted that the Kaweah Indian Nation, an unrecognized indian tribe, is Webber’s own creation and lacks federal recognition. He emphasized that even if the organization were a legitimate tribe, membership would not confer any legal immigration status upon its members.
Anderson further revealed to reporters that reports of the sale of tribal memberships for fraudulent immigration purposes first emerged in 2003, but the full scope of the scheme did not become apparent until 2006. The memberships were reportedly sold across the United States.
The Bureau of Indian Affairs (BIA) had previously ruled in 1984 that the Kaweah group had no historical connection to recognized American Indian tribes. The BIA also determined that Webber, who refers to himself as Grand Chief Thunderbird IV, is not of Indian descent.
In the preceding year, federal prosecutors had indicted the tribe and 11 individuals on 17 counts. The charges against the tribe and two defendants have since been dismissed, while one defendant remains a fugitive. Seven other defendants have pleaded guilty to reduced charges. This Unrecognized Indian Tribe Found Guilty of Defrauding Immigrants.
Robert Visnaw, a special agent with Immigration and Customs Enforcement (ICE), testified that agents seized tribal enrollment rolls containing the names of 13,142 people, along with an additional 2,000 to 3,000 unprocessed applications.
Visnaw, who served as the lead investigator in the case, informed the jurors that he had not yet reviewed the entire membership roll. However, based on a comparison of 1,000 tribal memberships with ICE databases, it appeared that only 4 to 5 percent of the members were lawful residents or citizens.
The case serves as a stark reminder of the vulnerability of immigrants seeking a better life and the potential for exploitation by those who would prey on their hopes. The conviction of Malcolm Webber sends a strong message that such fraudulent schemes will not be tolerated, and that the U.S. government is committed to protecting immigrants from those who would seek to take advantage of them. The Kaweah Indian Nation, as an unrecognized indian tribe, highlights the complexities surrounding tribal recognition and the potential for misuse of tribal affiliations for illicit purposes.
This case also underscores the importance of understanding the legal framework surrounding immigration and the limitations of tribal membership in obtaining legal status in the United States. Immigrants should seek accurate and reliable information from qualified legal professionals and government agencies to avoid becoming victims of fraud. The promise of quick and easy pathways to citizenship is often a red flag, and individuals should exercise caution when approached with such offers.
The conviction of Webber is a victory for justice and a step towards protecting vulnerable immigrant communities. However, the fight against immigration fraud is an ongoing one, and vigilance is essential to prevent future exploitation and ensure that the American dream remains attainable through legitimate and lawful means. The Unrecognized Indian Tribe Found Guilty of Defrauding Immigrants case highlights the need for continuous efforts to educate immigrants about their rights and to prosecute those who would seek to defraud them.