[Adopted 7-25-2002 by Ord. No. 02-25]
A.
The Tribal Legislature has determined that, on numerous
occasions and in various locations throughout tribal operations, appropriation
by Indian persons of money and other things of value belonging to
the Tribe or other persons has occurred which has raised the issue
in some quarters as to whether such happenings rise to the level of
criminal activity, and the Tribal Legislature has determined that
appropriation with intent to deprive money or other things of value
from the Tribe or another person has always been a crime and this
article is a reaffirmation of that fact.
B.
Theft, embezzlement, fraud and forgery are crimes
as defined herein and shall be punished accordingly to pursue the
ends of justice.
For purposes of this article, the following
terms shall have the meaning set forth below:
An Indian person who has achieved the age of 17 years when
the crime is committed.
Conduct by an Indian person which is prohibited by tribal
law and punishable by fine, community service, or imprisonment or
all three. Conduct punishable by forfeiture only is not a crime.
Any person of Indian descent who is a member of any recognized
tribe under federal jurisdiction or a person who is recognized by
the Menominee Indian Community as an Indian.
Any appointed Judge of the Tribal Court, including the Chief
Justice, Supreme Court Justices, and Lower Court Judges.
An individual person(s) or the Menominee Tribe.
All forms of tangible property, whether real or personal,
without limitation, and which may belong to the Tribe or an individual.
For purposes of this article "property" shall include money and personal
property.
The Court established by the Tribal Legislature under the Menominee Constitution, Article V.
The official governing body of the Menominee Tribe.
Theft is a crime defined as any Indian who shall
take the property of another person, with intent to steal, and that
Indian shall be charged with theft and, upon conviction, shall be
sentenced to loss of liberty for a period not to exceed 12 months,
community service, and repayment of the total value of such stolen
property to the Tribe or the person within a period of 12 months.
Embezzlement is a crime defined as any Indian
who shall, having lawful custody of property not his own but belonging
to the Tribe or another person, appropriate the same for his own use,
with intent to deprive the owner thereof, and that Indian shall be
charged with embezzlement and, upon conviction, shall be sentenced
to loss of liberty for a period not to exceed 12 months and community
service and shall be required to make reparation/restitution of the
property to the owner.
Fraud is a crime defined as any Indian who shall,
by willful misrepresentation or deceit or by false interpretation,
obtain any money or other property belonging to the Tribe or another
person, and that Indian shall be charged with fraud and, upon conviction,
shall be sentenced to loss of liberty for a period not to exceed 12
months and community service and shall be required to make reparation
to the owner of the property.
Forgery is a crime defined as any Indian who
shall, with intent to defraud, falsely sign, execute or alter any
written instrument, and that Indian shall be charged with forgery
and, upon conviction, shall be sentenced to loss of liberty for a
period not to exceed 12 months and community service and shall be
required to make reparation to the owner for such falsely obtained
property.
Upon conviction of any of the above-listed crimes,
the Tribal Court has discretion to sentence a person to loss of liberty
up to 12 months, in addition to community service; provided, however,
that the Tribal Court shall require repayment, replacement, or reparation
from the convicted person for any property obtained or involved in
violation of this article.
A.
The Tribal Legislature and all employees of tribal
operations wherever situated shall have the duty and responsibility
to report in a timely manner any verifiable suspicion of criminal
activity engaged in by any Indian person to the Tribal Chairperson,
tribal police or the Tribal Prosecutor as circumstances may indicate.
The Tribal Legislature has no authority to waive reporting of suspected
criminal activity to the appropriate authorities.
B.
"Verifiable suspicion" means information based on
substantive material, including but not limited to altered receipts,
missing money or articles, and variations from usual habits, such
as gambling or spending.
C.
The Tribe and its agencies will not tolerate reporting
under this article by anyone of frivolous, unsupported, unsubstantiated
charges against any other person, and any such attempts will be considered
to be malicious mischief and will be dealt with to the full extent
of tribal law.
D.
Upon conviction, a full report shall be carried in
the following Menominee Nation News, including names, dates, and a
report of the sentencing. This provision is for the purpose of deterrence
and a warning that criminal misuse of property will not be tolerated
by the Tribe.
