Document date: 00/00/0000

## Page 1

File #:

602-116464

Serial Scope:

115 - PART I -Bulky

Feleased under the John F. Kennedy Assassination Records Collection Act of 1992(44 USe 2107 Note)

Case::NW 69262 Date: 09.22-2022

NW 68262 Docld:32989685 Page 1

---

## Page 2

4-331 (Rev. 11-13-75)

p+.1

b 116464-115

BULKY INCLOSURE

BIN #160

tEAl

ROOM 1B-873 /TA

Abstract

XEROX COPY OF COVER LETFER ENCLOSED

FBI - CENTRAL RECORDS CENTER

HQ - HEADQUARTERS

flass / Case #

Sub

Vol.

0062 116464

Serial #

115

ONLY

4/14/203725

RRP005R2CL

RiV 68262 Docld:32989685 Page 2-

---

## Page 3

?62-

HQ-116464

BULKY

Serial 115

62-5Q-116464-B1

NW 68262 Docld:32989685 Page 3

---

## Page 4

9/18/75 REQUEST

RE DICK WILSON

- HSC

RETAIN

(Only copies retainfare those that show excisons)

Search Slip shows others

serials made available for review.

NW 68262 Docld:32989685 Page 4

---

## Page 5

"1

OFFICE OF THE DEPUTY ATTORNEY GENERAL

WASHINGTON, D.C. 20530

SEP 2 2 1975

IO: John A. Mintz, Assistant Director

Legal Counsel Division

Federal Bureau of Investigation

FROM:

Michael E. Shaheen, Jr.

Special Counsel for Intelligence

Coordination

SUBJECT: House Select Committee Request dated September 18, 1975

Attached is a letter from the House Select Committee

dated September 18, which requests access to various FBI

materials. Please prepare an appropriate response.

cc: Paul Daly

itera."

edit tor?

8262 Docld:32989685 Page 5

---

## Page 6

273-10040

NW 68262 Docld:32989685 Page 6

---

## Page 7

OrIS O, MIKE, N. Y.. OVURMAN

NO:.,IN. GIRIMO, CONN.

IMUCHT MCCLORY

JENNES V. STAMTON, ONIO

FINALOV. GLITUMS, CALIK.

MOSSAN P. M'IRPIY, ILi.

JAMTS P. Ji.

i0.

RUBEIT W. KASTEN, JR, WIS.

LES ASFIN, IlS

DALE MILFURD, TEX

HAYES, IND.

MILLIASA LEHMAN, FLA.

Fu AZAFLE FIELD, STAFE DIREETOR

AUROY E, DONNER, COUNSEL

SECEPHONEs (202) 225-9751

Select Conmittee on Intelligence

C.S. House of Representatibes

dashugton, z.c. 20515

2

September 18, 1975

MI.

Michael E.

Shaheen, JI.

Special Counsel for Intelligence

Coordination

Department of Justice

Washington, D.C. 20530

Dear Mr. Shaheen:

We hereby request immediate access to all notes,

memoranda, illes and reports concerning lir

DiCK Wilson, Tribal Chairman of the Pine Ridge

Ms. Bllen Miller of our

staff will be prepared to review this material

Tuesday, September 23, 1975.

Sincecely,

A.

Searle Field

Staff Director

NW 68262 Docld:32989685 Page 7

---

## Page 8

at vines,

......

NW 68262 Docld:32989685. Page 8.

1-22 (Re : 1-28-75)

Federal Bureau of Investigation

Records Section

7/26

, 19%5

Name Searching Unit, 4543 JEH-FBI Bldg.

Service Unit, 4654 JEH-FBI Bldg.

Earld to Bile Revie pin 512/ JeH

Attention

Return to MKiltiNES

Supervisor

Room

Ext.

Type of References Requested:

Regutar Request (Analytical Search)

All References (Subversive & Nonsubversive)

Subversive References Only

Nonsubversive References Only

J Main

References Only

Type of Search Requested:

Restricted to Locality of

Exact Name Only (On the Nose)

Buildup

Variations

ALL

Bushda ORLIN WAYNE WILSON TAKA

Birthdate & Place 14/24/3%. PINERielaE SiD.

Addre

TRibAl CHAICHAN OGALAlA SiMX

Carasit

Localities Minil SOlideson,

RA

- Date -

9/26/75 Initials

-Searcher KAR

Prod.

FILE NUMBER

SERIAL

44-644795

46-671265

70-5/157=

70- 64651I

89-225 I

ORLIN

26-61834-1;29:31

26- 54(824

URLIN RAL CAM)

462-59482-9

other Ba's of selin Wayne

Wilsun not tenruned

RICHARd AleiN NilSON CARAS

LTLES. D.

46 - 49746=

searched en

THEREM

KIC HAND L

aste busic

---

## Page 9

4-22а (Rev. 11-17-59)

NUMEROUS REFERENCE

p.z-

ALL

SEARCH SLIP

subj: ORLIN MAYRE WilSON

TAKAS

supervisor nes/Leepek

Room

5/2/JEH

R#--

_Date

2/26/2) Initia

- Searcher -/

Prod.

-

1

1..

i."

NW 68262 Docid: 32989685 Page 9/

FILE NUMBER

SERIAL

26-172510

26-160401

44-56025

44-56075

44-56246

44-56301

14-56587

44-56386

44-59828

70-55765

00-58768

70-58923

70-58938

70-59044

70-59266

70-54536

70-64651

70-63488

70-64787

87-90198 A06 12/30/66

44-0-24660

1-24654

---

## Page 10

MW 68262 Docld: 32989685 Page 40

4-22a (Rev. 11-17-59)

NUMEROUS REFERENCE

p.3

SEARCH SLIP

subi: OKUN WEGNE iilson

supervisor Hiner/Leepen Room /2/ JeH

R#-.

_Date.

9/26

jearcher,

inition LAK

Prod.

FILE NUMBER

SERIAL

44-0-24745

"-24786

1-24806

1-24816

"-24855

-24529

-24906

-25278

52-96893-76

62-115830-12

-12

-32

-36

70-0-3124

100-462483-312

-327

-695

- 873 ep. 166

-2227

105-203686-376

-343

-423

---

## Page 11

4-22a (Rev. 11-17-59)

NUMEROUS REFERENCE

SEARCH SLIP

pil

TAKES

• Supervisor tines

eeper Room /2/317

RA--

_Date 9/26/25 Search AC

Prod. -

FILE NUMBER

SERIAL

Kicitized

157-29154-2

157-33640-2

1 76-2262-1432 6,J,4,

P. 9, B36, EE,

126-2404-35

1 76-2578-5

RICHARd E.

W'K

other Bd's plucrar:

AlleN Wilson not senrehea

RIE-Wilson not teurchect

DiCK Ki LON(ARA)

1-1152-73-962

70-58651-2

70-0-3122

59-3229-2

-351

- 3J

- 801 t

NW 68262 Docld:32989685 Page 11

---

## Page 12

..

4-220 (Rev. 11-17-59)

NUMEROUS REFERENCE

SEARCH SLIP

p.5

Searcher 1 1

Prod. -

FILE NUMBER

Dick kein't)

100-461424-1 6f1Z

164-462483-276

_282

-245

SERIAL

- 2012

105-203686-409

-413

-4j5

11t17/22

157-303401

157-30725-1

176-2262-4

12622-143265

176-2404-252

-547

176-22614

-F[-

Wilson

(AKI)

NW 68262 Docld:32989685 Page 12

---

## Page 13

4-22 (Re , 1-28-75)

Federal Bureau of Investigation

Records Section

7/26

-, 19°25

Name Searching Unit, 4543 JEH-FBI Bldg.

Service Unit, 4654 JEH-FBI Bidg.

Forward to gile Review

Attention

Return to MRittiNES

Supervisor

Room

Ext.

Type of References Requested:

-Regular Request (Analytical Search)

All References (Subversive & Nonsubversive)

Subversive References Only

Nonsubversive References Only

Main

_ References Only

Type of Search Requested:

Restricted to Locality of

Exact Name Only (On the Nose)

Buildup

_ Variations

ALL

Subject ORLiN IVAYNE WILSON

KAKAS

Birthdate & Place 4/24/3% PiNE RickiE S.1).

Address

Localities /4 kill, SO, Tiliesens,

R*

- Date -

9/26/75 initials

-Searcher KAM

Prod. -

FILE NUMBER

SERIAL

44-644795

46-671265

70-5/157=

70-6465/I

84-225 I

ORLIN

26- 61839-1:24;31

36-si(s2

ORLIN RAVI CAM)

10-84482-1

There Bels of oflia Wayne

wilson not Fenreheat

46 - 49246=

ITS

Tearchiden

NW 68262 Docid:32989685 Pagè-13

---

## Page 14

NW 58262 Doetd:32989685 Page/14

4-22a (Rer. 11-17-59)

NUMEROUS

FERENCE

p.z-

ALL

SEARCH SLIP

subli ORLIN MAyRE Wilson

supervisor nes/ LeepER

Room.

5/2/5611

RA-

_ Date.

120/25

- Searcher/ AK

Prod.

FILE NUMBER

SERIAL

Reciontel

126-172510

26-160401

44-56025

44-56025

44-56246

44-56301

44-56587

44-56386

44-59728

170-55765

00-58768

70-55923

70-58938

70-59044

170-59266

70-54536

70-64651

70-63488

70-64787

87-90198 suc 12/30/66

44-6-246630

" -246.54

---

## Page 15

NW 68262 Docld:32989685 Page 15

4-22a (Rev. 11-17-59)

NUMEROUS RI

ERENCE

pi3

SEARCH SLIP

Subi ORLiN WAynE mitson tAkis.

supervisor kiner / (epen

R*--

-Date -

9/26

Searchei

Initial LAK

Prod.

FILE NUMBER

SERIAL

RicHand

44-0-24745

"- 24786

1-24806

"-24f16

-24855

"-24879

-24956

-25278

52-96893-766

62-115830-12

-12

-32

- 36

70-0-3124

N.f.

106-462483-312

N. f.

-327

N.P.

-695

N.f.

- 823 cp. 166

N. f.

-2227

N.P.

105-243686-326

N'.P

-343

N. P

-423

=

=:

---

## Page 16

1-220 (Rev. 11-17-59)

NUMEROUS REF CRENCE

SEARCH SLIP

supervisbetines/Lesener Room/ 2/81

-Date.

9/21/25-

Initia CAR

R#-

Prod. .

N.f.

FILE NUMBER

SERIAL.

Kurieret

157-291-54-2

1157-33646-2

i Tứ - 2262-143,3 E,T, 4,

174-2574-5

(75,040)

oftier Belifferin

Aller initia ait sinicherd

1-1152-43-952-

70-58611-2

70-0-3122

59-3224-2

-351

- 632212

-$142.4

NW 68262 Docld:32989685 Page•16

---

## Page 17

1-220 (Rev. 11-17-59)

NUMEROUS REFERENCE

SEARCH SLIP

..

R#-

Piod.

- Date 9/26

FILE NUMBER

earcher

nitidk AK

SERIAL

N.f.

106-461424-16917

Ic:-762443-276

_252

-245

iN.P.

- 2012

V05-903686-409

- 413

N.P.

N.f

1H3/32

157-3:590-1

157-30720-1

176 - 2.242-4

42402-14326

176-2404-252

-947

276023824

1112

NW 68262 Docld:32989685 Page 17

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## Page 18

EXCISED DOCUMENTS

-70- 59266-1

70-58 768-5

70-58765-1

46-67126-2

-------

NW 68262 Docld:32989685 Page 18

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## Page 19

62-116464-115 9 0

10-10-75

61

AUDimig toxins

THE AG

¿U.S. HOUSE SELECT COMMITTEE ON

INTELLIGENCE ACTIVITIES (HSC)

Ref made to memo 9/22/75, frm Michael E. Shaheen,

JI., to Assistnt Directr Mintz which transmittd

reqst datd 9/18/75, reqstng access to all

memos, files & reprts conc Mr. Dick Wilson

Tribal chairman of the Pine Ridge Indian Reservin

Enclosa for ur approvl & forwardng to the HSC is

orighl of meno advisng that this matil is availbl

for revu at FBIHQ as reqstd.

A copy of the memo

is

being Imshd for ur recrds.

sata man

-NW 68262=Đoeld:32989685=Page-19-

---

## Page 20

FD-263 (Rev. 1•7-72)

FEDERAL BUREAU OF INVESTIGATION

REPORTING OFFICE

MINNEAPOLIS

TITLE OF CASE

OFFICE OF ORIGIN

MINNEA POLIS

RICHARD WILSON

DATE

4/11/73

INVESTIGATIVE PERIOD

4/2 - 4/73

REPORT MADE BY

SA MAURICE E. PEARSON

CHARACTER OF CASE

CIR - FRAUD (IRS MATTER)

TYPED BY

S11O

68466

LEADS

-P-

MINNEAPOLIS

AT PINE RIDGE, SOUTH DAKOTA.

Contact EMMA NELSON, Bureau of

Indian Affairs Treasurer, and ascertain if unauthorized salaries are

being paid out of the Oglala Sioux Tribe Special Office of Economic

Opportunity payroll fund.

ADMINISTRATIVE

there was nothing i thin spees 35

delete!?

da

32% on

Por

ACCOMPLISHMENTS CLAIMED

IS NONE

ACQUIT-

CONVIC.

FUG.

FINES

SAVINGS

RECOVERIES

TALS

CASE HAS BEEN:

PENDING OVER ONE YEAR EYES MINO

PENDING PROSECUTION

OVER SIX MONTHS

APPROVED

COPIES MADE:

SPECIAL AGENT

IN CHARGE

DO NOT WRITE IN SPACES BELOW

1

2

- Bureau

USA, Minneapolis

USA, Pine Ridge

- Minneapolis (70-6991)

REC-73

-ST-118

22

So 187873

Dissemination Recged of Attached Report

Agency

Request Recd.

Date Fwd.

How Fwd.

By

2J5/47

4320)2

O4 MAY

18 19101: Brt Hsbough

Rm3/T2 5J54A51773

NW 68262 Docld:32989685 Page 20

Notations

---

## Page 21

FD.-302 (REV. 11-27-701

FEDERAL BUREAU OF INVESTIGATION

4/4/93

Dole of transcription.

BENNETT E. JOANSON, Vice President, Stockman Notional

Bank, Rushville,

Nabraska Etelephone 308-321-2413) Borided

the following information:

The tinancial tensactions under the RICHARD WHOOL

aiministration

have bean no citierent than ander my of the

other Tribal siministration.

In the past, each time i now

Tribal aininistration takes office, the ney administucton

ans to borrow money to may ois old debts or the old acuinia

cation.

This mas no different whea WILSON took over en

resident of the orlata sious iribe (0st) on 45221 14 1912-

noo, the wilson sininistration assuad loans which hac

previonay taken out by the

The sotal of Escoe loant mounts to 3129,000, wits ze

payment scheduled au follow:

N98S

March I, 1973

$79.333.30

ApE1? 1, 1973

913-22.22

May 1,

1873

$13, 222, 22

Juse 1, 1973

$13,222.22

It shoald be soted that the larch 1 and April 1,

1973

mayments on the alcremarchoned loan has not yet baen

received by the bazi, no of Ayail 3, 1973.

This 1s the

21r5t tina the OST has boon delinquent in their payments

on loans.

The 5118, 000 was Inaned to the eat by the

Packara lationel Banks in Oath, Mabrasis through the

Secrimon Kational Konk, Bushville, debraska.

The tresstres of the 0sE,

SAN To

NEESON,

marchority through so est resolutim

to borzon money daust

the sincteda Nasional Bant uberayca

tha Tribe neeis tuats.

she let very conpocent intridual one possibly one or

tho batter treasurers tha Tibe ana ever had.

furaist nose

complote incingtion conserning the Linarest

tarantions under the unset soutsistration.

Concerning the diversion

of federal and state

BAYOÏl taTES & BiA End Tibal employesa, SOISON stated

that this my highly unilkely. huing the ous txaxua

Interviewed on_

14/3/73

o Rushville, Noteasha

File #_

406991

by_

SA MAURICE EA

DEARSON/sha

_Dale dilated

4/3/73

This document contoins neilher recommendations nor conclusions of the FBl. Il is the properly of the FBI and is loaned to your agency;

it and its conlents are

not lo be distribuled outside your agency.

NW 68262 Docld:32989685 Page 21

!

---

## Page 22

2

MP 70- 6991

administration the net salary plus lederal and state payroll

taxes from various OEO programe were deposited into a special

OST payroll account at the Stockman National Bank.

the

money in this account was used to pay salaries of persons

working for the varlous OEO programs and was supposed to be

used to pay loderal and state payroll taxes.

For many months

prior to the WILSON administration, the federal and state

payroll tax reports were not filed

by the OST treasurer under

the ONE FEATHER administration.

As & result of this, tha

monies in the special OST payroll account gradually built up

to a balance of approximately $230, 000. About this time the

Internal Revenue Service (IRS) came in and audited the payroll

of the various OEO programs which were being paid by the cst.

As a result of this IRS audit, the IRS assessed the CST at an

amount exceeding the $230,000

balance which had built up in

the special OST payroll account.

The OST used the entire

balance of the $230,000 in the special payroll account and

also had to borrow money from the Stockman National Bank

and the OtO in order to pay the Ins the back payroll tas

assessment.

Since the WILSON administration took over, the

special OST payroll account has been operating very

smoothly,

and all federal and state payroll taxes have been filed

timely by EMMA NELSON.

the ins in Rapid city, south Dakota is the office

that conducted the audit of the OST payroll. They car

furnish more detailed information concerning this matter.

he materio

In the past WILSON has been involved in what some

people might call "shady deals" but since he became president

of the OST, JOHNSON believes that WILSON is conducting the

altairs of ost honest and completely above boara.

WILSON

is no more honest or dishonest than was GERALD ONe FoldER

or any of the other Tribal presidents over the past many years.

The First National Bank of Gordon, Nebraska

maintains various checking accounts of the

OST invoLving

their programs with the oEO.

-C .

NW 68262 Docld:32989685 Page 22

---

## Page 23

MP 70- 6991

JORNSON advised that all of the Stockman

National Bank records of the OST will be made available

to the ist for review upon request, however, the infor

mation obtained from such records should be considered

contidential and noc to be made a matter of public record

without the issuance of a subpoena duces tecum directed

tO ME. BENNELT I. JOHNSON, Vice President, Stockman

National Bank, Rushville, Nebraska.

- -- -

-D*

NW 68262 Docld:32989685

Page 23

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## Page 24

FD-204 (Hev. 3.3-59)

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

Copy to:

Report of:

Date:

Field Office File #:

Title:

1 - USA, Minneapolis

- USA, Pine Ridge

SA MAURICE E. PEARSON

April 11, 1.973

70-6991

RICHARD WILSON

Office: Minneapolis

Bureau File #:

Character:

Synopsis:

CRIME ON AN INDIAN RESERVATION - FRAUD

(INTERNAL REVENUE SERVICE MATTEN

Investigation to date reflects that subject does not have

access to federal payroll taxes withheld from tribal

employees.

These funds are maintained in a special

Oglala Sious Tribe payroll account and the controls

placed

on this account are such that any discrepancies

would

immediately be reflected. Investigation continues.

DETAILS:

This investigation is predicated upon an

allegation made by PEDRO BISSONETTE, Alerican Indian

Movement (AIM) leader inside the occupied Village of

Wrunded Knee, South Dakota, that Oglala Sioux

Tribal Chairman RICHARD WILSON has vreviously had access

to Federal income taxes withheld from both Bureau of

Indian

..ifairs (BIA) and triba! employees and has

been diverting a

portion

of these funds to members of a

"guon squad" in the form of salaries.

Thas ca anoise do many seatles see emendations me con lassess of the FBI. It is the property of the FBI an.l is loaned to your agency: it and its contents

are nos le be distanbuseed cassade your nberry.

NW 68262 Docld:32989685 Page 24

---

## Page 25

'', is at: ti 21.10)

FEDERAL BUREAU OF INVESTIGATION

cute of transcription...

4/3/73

CARMEL, LOUISE MEANS (sister-in-law of BARRARA MEANS) ,

Box 65, Porcupine, South Dakota, who is the Fiscal Manager for

the Office of Economic Opportunity (OFO), located at the Pine

Ridge Airport, Pine Ridge (telephone 867-5831), provided

the

following information:

Iler duties with OEO are restricted to the "Community

Action Program" (CAP), which provides jobs and services to the

poverty-stricken Indians of the Sioux Tribe.

She signs checks

and disburses lunds from the CAP account.

The only persons

delegated to authorize a disbursement of

fund are the various Component Directors and upon the submission

ious componen e

monies from the CAP

of various expenditures to the 0EO by these Component Directors,

the OFO Director for Pine Ridge, LELAND BEARHEELS, signS

final authorization for disbursement of funds from the

the

CAP account.

DICK WILSON has no authority to authorize payments

of

monies from the OBO CAP fund account, however, he has

authorized the payment in the sum of a salary to

one of the

nembers of his "roon saurd" from the CAp payroll account.

this person is identified as BEN RICHARDS, who is WILSON's

personal bodyguard

and driver. RICHARDS

does not do any work

whatsoever for DEO or CAP; he always works with WILSON.

RICHARDS receives a salary of $13,000 a year from the OBO

CAP fund.

DICK WILSON'S SOn, RICHARD WILION, JR..

is also on

the OEO payroll of the "Community Service Center

(esc).

He is also a member of WILSON's "goon squad" and does not

actually do any work for the CSC. His salary is $4389 per

year.

OEO has several small funds wherein the payroll

Is paid at the Sioux Tribal Headquarters in Pine Ridge.

The DEO Director (BEAREELS) submits a time sheet for work done

by employees or special projects and the desigrated fund will

issue

a check to the Sioux Tribe for the ret salary plus any

Federal

or state withholding tax and state unemployment tax.

• 20.

4/2/73

SA MAURICE F. PEARSON / Smo

Pine Ridge, South Dakota: #

MP

4/2/73

70-6991

2

NW 68262 Docld:32989685 Page 25

• .

---

## Page 26

MP 70-6991

The tribe is supposed to file the appropriate Fedesal and

state withholding tax reports and

state unemployment

tax reports and pay the taxes which were withheld from

the employee's salary from the monies,

which is given

to them by OEO from

the specified special project fund.

The Sioux Tribal Headquarters has not been filing these

tax reports.

About one year ago, the Internal Revenue

Service (IRS) came to Pine Ridge and audited the various

small projects on which the tribe was supposed to tile

payroll tax reports.

The IRS audit resulted in the CAP

fund having to pay several thousand dollars in back pa:roll

taxes for these various special projects which the tride

had

failed to file payroll tax reports for.

The trzie

received the money from the CAP Lund to pay

these taxes

but did not do so.

The special projects heretofore referred

to

wherein OEO submitted monies to the tribe for salaries

plus withholding tax

are the "Community Action Program"

"Parent-Child Center"

, and "Headstart."

Beginning March 27, 1973, the day WILSON'T : ".

set up a roadblock to prevent food

from entering Wowd

Knee, several of WILSON's men began signing charge tiriets

at the Sioux Nation Shopping Center for groceries to t

used by WILSON's "goon squad" at the roadblock.

charge tickets are to be paid out of the OBO "EmergaiC?

Food and Medidal Services Fund" (EFMSF). The persons who

have signed for groceries and charged them to the ErtisE

but who are not authorized by OEO to do so are:

I) ANTHONY BRAVE; 2) DELORES APPLE; 3) TIM SHANGREAU.

These three persons should not be spending money oilt

the Erksf account.

The total amount expended for groceries

on March 27, 28 and 29, 1973, by the above-mentioned persons

is $127.19.

None of these people work for OEo.

The original documents pertaining to the aforementioned

unauthorized purchase of groceries and all of the time sheets for

BEN RICHARDS and RICHARD WILSON, JR., are maintained iy

CARMEL MEANS and will be made available to the Federal

Bureau of Investigation upon request.

NW 68262 Docld:32989685 Page 26

3

---

## Page 27

50.308° pE, 111! 10)

FEDERAL BUREAU OF INVESTIGATION

intorviewed on

4/6/73

Date of transcription

SUSAN PERRINI, Revenue Officer, Internal Revenue

Service (IRS), 520 Kansas City Street, Rapid City, provided

the following information:

Since the DICK WILSON administration came into

power in April, 1972, the Oglala Sioux Iribe (051) hre

conducted their businesswith the Ins in the most eiricient

manner in many years.

The OST has a quarter payroll of approximately

$400,000.

In April, 1972, at the onset of the WILSON

Administration,

IRs conducted a payroll tax audit

of the OST as the OST had not filed a quarterly payroll

tax report for over a year prior to April, 1972.

The

results of the IRS audit resulted in the OST being

assessed approximately $250,000 plus interest for back

payroll taxes prior to the period April, 1972.

WILSON was very cooperative with the Iro in

fumishing the payroll records for the tribe in mer

that the audit could be efficiently conducted. The

records which WILSON furnished were maintained on &

computer system which was done by Sayler, Thorstenson

and Company,. Certified Public Accountants, 310 Quincy

Street, Papid City, South Dakota.

The OST is now on a weekly depositary susto

wherein they pay the exact amount of payroll taxes tri

the special Oifice of Economic Opportunity (CBO)

programs into a special OST payroll account naintrinis

at the Stockmans National Bank in Rushvilie, NeuriSd

The exact amount of the payroll tax is now being timey

Iiled in the form of Depositary

this system, the checks and balances are such that

and balance

Receipts each week. Jader

any

unauthorized use of monies in this special

payroll

account would show up as a deficit balance in the spacial

payroll account at the Stockmens National Baali.

Thu

OBO special program payroll, which checking accults

naintained at the fist National Bank, Gordon, Mobrasi".

vere also in arrears for the period prior to April, 1972.

These

accounts were also audited by IRS

and these various

4/4/73

Rapir City, South Dakota

NE 70-6991

SA MAURICE E. PRAROON / STiC

4/5/73

4

;..

i are ise eaten

NW 68262 Docld:32989685 Page 27

" Idoli.

---

## Page 28

2

MP 70-6991

OEO payrolls were assessed back payroll taxes amounting

to approximately $250,000 plus interest.

KEN KRUGER, Revenue Officer fos the Sour

Dakota State Unemploynent Security Deparinent:

also conducted a

behall ul the State of South Dakota.

payroll audit of the osT i

The beate

South Dakota also assessed the OST for back Jarrol:

taxes prior to the period April, 1972. PriM: nud

not provide any definite information or exc: i don

contained in the IRs files located in apo

the rBl desires access to the entire ans

halt

matter, the Director, FBI, must go throug!

.!! Corrusioner

in Washington, D.C.,

and formally requcst o id in dile.

The exact amount of payrol tax tie. March vere

placed upon the ost for back payroll taxes p. i to ce

period April, 1972, can

be located at the Coisy Court douse

Located at Hot Springs, South Dakota, under ine caption

"Tax Liens - Shannon County."

5*

NW 68262 Docld:32989685 Page 28

-----------

---

## Page 29

note

NW 68262 Docld:32989685 Page 29

---

## Page 30

PD-268 (er: 1.9-92)

FEDERAL BUREAU OF INVESTIGATION

REPORTING OFFICE

MINNEAPOLIS

TITLE OF CASE

VINCENT

BREWER;

FRANK R. ECOFFEY

• RICHARD WILSON

OFFICE OF ORIGINI

MINNEAPOLIS

DATE

6/20/73

INVESTIGATIVE PERIOD

3/31 - 6/15/73

REPORT MADE BY

SA MAURICE E. PEARSON

CHARACTER OF CASE

ITYPED EY

mbw

CIR - FRAUD (MISAPPLICATION OF FUNDS)

-c -

ADMINISTRATIVE

Investigative period in this report is lengthy due

to the extenuating circumstances surrounding the Wounded Knee

Special

CONVIC.

FUG.

ACCOMPLISHMENTS CLAIMED

FINES

SAVINGS

-Ax-

COVER PAGE

EXI NONE

RECOVERIES

SPECIAL AGENT

IN CHARGE

CASE HAS BEEN:

PENDING OVER ONE YEAR DYES ENO

PENDING PROSECUTIÖN

OVER SIX MONTHS

DO NOT WRITE IN SPACES BELOW +

APPROVED WA

COPIESMADE:

Bureau

1 - USA, Sioux Falls

1 - Minneapolis (70-6995)

JUN 25 1973

REC-29

ST 113

Dissemination Record of Attached Report

Agency

Request Recd.

Date Fwd.

7-4-75

How Fwd.

0-6,0-141

By

Din 351

Aw. 28-10612: 385085

Page 30

Notations

PROC

COVER PAGE

---

## Page 31

FE-204 (Rcv. 3-3-59)

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

Copy to:

1 - USA, Sioux Falls, South Dakota

Report of:

Dales

Title:

SA MAURICE E. PEARSON

June 20, 1973

Field Office File #: 70-6995

VINCENT BREWER;

FRANK R. ECOFFEY;

RICHARD WILSON

Office: MINNEAPOLIS

Bureau File #:

Character:

CRIME ON INDIAN RESERVATION - FRAUD (MISAPPLICATION OF FUNDS)

Synopsis:

Investigation disclosed that subjects did not miss

South Dakota.

Investigation discontinued.

-C -

DETAILS:

This investigation was predicated on March 31, 1973,

upon an allegation by PEDRO BISSONETTE, American Indiar

Movement (AlM) leader inside the occupied village of Woundec

the construction of a plastics factory on the Pine Ridge

Reservation and that VINCENT BREWER,

FRANK ECOFFEY and

RICHARD WILSON, Oglala Sioux Tribe (OST) Chairman, used this

grant money to purchase the Big Foot Guest Ranch at

Porcupine, South Dakota.

This document contains neither recommendations nor conclusions of the FBI.

It is the property of the FBI and is loaned to your agency; it and its contents

are not to be distributed outside your agency.

NW 68262 Docld:32989685 Page 31

U.S. GOVERNMENT

PRINTING

OFFICE: 1970

0 - 106-840

---

## Page 32

FD-302 (REV. 11-27-70)

FEDERAL BUREAU OF INVESTIGATION

4/14/73

Dale of transcriplion

J. s. DrAN, U. s. Postmaster, Porcupine, South

Dakota, provided the following information:

ORVILLE SCHWARTING is a cattle rancher and farmer.

He has been living on the Porcupine guest ranch for

approximately five years. He leases some of the land

around the guest ranch from RICHARD BERGIN in Rosebud,

South

Dakota.

The First National Bank of Gordon, Nebrasia

has all the details

concerning the financing

and ownership

of the

guest ranch.

:.'

di..

4/12/73

interviewed jir

Porcupine, South Dakota

_File # MP 70-6905 -

by-

MATTHEYS LOIP/mOw

_ Dule dicinted.

1/12/73

This closument contems adither recommendutions nor conclusions of the Fll. 1l is the property of the till ond is looned to your agancy.

il and its contenis

NW 68262 Docld:32989685 Page 32

not to be distributed ouiside your agency

2.

---

## Page 33

TU•302 IREY. 11-27-701

deliter

FEPERAL, BUREAU OF INVESTIGATION

4/14/73

Dale of Iranscriplion.

CONNELY, Vice President, First National

Banis, Gordon, Nebraska,.

provided the following information:

The First National

Bank of Gordon has one loan

account with ORVILLE SCHMARTING.

This is a $13,400 loan

which SCIllANTING borrowed to finance this ycar's wheat

crop.

SCINARTING will pay ofs this loan when his wheat

crop is sold.

SCIARTING also maintains his checking

account with the First National Bank.

SCINARTING owns the guest ranch in Porcupine,

South Dakota.

The quest ranch is situated on a quarter

section of land in Shannon County. The deed and title for

this land can be located

at the County. Court House in

Ilot Springs, South Dakota.

On February 28, 1972, the Frudential Life

Insurance Conpany, through its

agent E. C. IC CITREE,

Scotts Bluff,

lchraska, released to SCINARTING 400 acres

of land

which SCHNAUTING owned in Shannon and Bennett

Countles.

Whon this land was relcased to SCINANTING he

would have to file a new deed at cither the County Court

House in Hot Springs,

South Dakota, which coveis

Shannon,

County or tartin, South Dakota which covers Bennett County.

The Production Credit Association (PCA) in Rapid City,

south Dakota holds the mortgage on SCHWARTING's livestock

and farm equipment:

PCA may have a mortgage on some of

SCHYARTING'S land,

but this is unlikely.

SCIWVARTING and RICHARD DENGEN have no land

deals together that the First iational Bank is aware of.

SCIWARTING is an honorable man and has done business

with the First National Banl for 20 to 30 years. He has

always honored and paid his obligations on time.

CONNEALY provided sA PrAnSON with a xerox copy

of a financial statement r'eflecting the financial conditio

Of ORVILLE SCIINANTING aS of July 26, 1971.

Pane

Filo #_

deleted

Protet Source

MP 70-6995

Interviewed on.

1/12/73

-of_

Gordon, Nebraska

All SAS

MAURICE E. PEARSON and

by -

DISHONS W. MATTHEWS HEP/mbW

_ Dato diclaled.

4/13/73

This documons contoins neither recommendalions nor conclusions of the FBl. li is the properly of the FBl and is looned lo your agency:

not to be distribuled oulside your ugency.

• 3

NW 68262 Docld:32989685 Page 33

---

## Page 34

MP 70-6995

The information contained horein should be

considered confidential and should not be made

public without the issuance

of a subyoena duces tecum

directed to ir.

MODIRT ISTAN, Piesident, First National

Bank, Gordon,

Rebrasta.

pgst6:

As is. part 3

then 302

4

NW 68262 Docld:32989685 Page 34

---

## Page 35

the.

Garde

то -

s1'all Bu Cola

FOR THE PURPOSE EF OBTAINING LOANS AND

DISCOUNTING PAPER 'WITH YOU, AND OTHERWISE PROCURING CREDIT FROI TIE TO TIME. | FURNISH YOU WITH T

OWING STATEMENT AND INFORMATION, WHICH IS À TRUE AND CORRECT STATEMENT OF MY FIÑANCIAL CONDITION ON _

1 AGREE TO ANO WILI NOTIFY YOU IMMEDIATELY IN KIRITING OF ANY MATERIALLY UNFAVORSOLE CHANGE IN MY FIANCIAL CONDITION, AND IN THE ABSENCE OF

•ULL WRITIN STATEMENT, THIS MAY BE CONSIDLRED AS A CONTINUING

STATEMENT AND SUDSTANTIALLY CORRECT. AND IT

VER CREDIT. THIS STATEMENO SHÁLL'HAVE TIE SAME FORCE AND EFFECT AS IF DELIVERED AS AN ORIGINAL STATEMENT OF MY FIANCIAL CONDITION AT THE TIME SUCH FURTHER CRES I

IFILL ALL BLANKS, WRING "NO" OR "NONE" WHERE NECESSARY TO COMPLETE INFORMATION)

ASSETS

IN BANK

THOUSAMOS

3

RAVENT BONDS

SURRENDER VARUE LIFE INSURANCE.

MOMURLOS

02Z:

27'0

L

1033

CENTS

-*

UNSECURED INDEBTEONISS TO BANKS

(ITEXIZE)

LIABILITIES

Ist Nite

TRUCUSINOS

fire

5 cr

• INVESTAIENTS (ITEMIZE O: BACK) ..

Is cois.

AND ALIGHT

-

¿ HEIFERSE YEAR OLD

- CALVES 118 ?11._

= BULLS

€s175

4s 202

3-100

3300

52

6cv8

42500

101

021

file.

- STEERS 1 YEAR OLD

_ STEERS 2 YEARS OLD

_ STEERS 3'S ANO UP

--- SOWS--

$

_ SHOM)S ..

- PIGS -.

- MUIES

_ HOFSES

MUUELR

__ SHILEP, EWES. YEARLINGS

----x

_ SHEEP. EVES. 2 TO 1 YRS. -X

_ SHEEP, EWES.

S'S AND OVER _X

at

_ LAVERS

_ BUrKS-..

.xX

AND ILLO ON HANO AS FOLIONS NAMES PEE E

E, i77 In wher

16. 2731=

36610771

ING CHIPS

SC Cin

PPLEVILTS AND AUTOMCTIVE EQUIPMOUT

, TEADS

1646 1

DESCHINTIUN:

165.016

120 crit

CrEa

18.P1e255

<322

1251621

d'?

ENCUMOKANCE ON LIVE STOCK, AS FOLLOWS:

TO

COVERING

DUE

PLA

-15 -

215

CINE

LIENS ON FARM IMPLEMENTS AND AUTOLOTIVE EQUIPMENT _

то _

T.l

Isit-

CCEC

OTHER LOANS

(ITERIZE AND STATE MATURIES)

100.

ENDORSEMENTS NO CUARANTIES FOR OTHERS

iti

INTEREST

REAL ESTATE TAXES......

cero

PERSONAL TAXES

INCOME TAXES TELEFAL AND STATE)_

INCOME TAXES •TIGERAL ARE STATE) ESTINATED FOR CURRENT YEAR _

ALL OTHER DEBTS i TIMILE! -

TOTAL CURRENT LIABILITIES.

352,560

LIENS ON REAL ESTATE

Are to lollite

9c70

90

TOTAL LIABILITIES

NLT WORTH

145150

S3j315

C==rrzr:

NW-68262-Docld:32989685-Page.tt

5

TOTAL

---

## Page 36

MAKE ANU TYME

YEAR

MODEL

COST

FALSENT

VALUE

1--

LIENS

Fascie

IF ADEQUATE SPACE NOI PASIGN ABUTE. ATTACH SCHERINE

TOTALS

OTHER REAL-ESTATE SCHEDULE ITO NOT INCLUIX HOMESTEAD)

ACRES

LEGAL DESCRIPTION (SHOY COUNTY AYO SIATE)

TITLE IN

$

VALUE

LIENS

NATURE

IMPROVER:

IF ADEQUATE SPACE NO: PROVITED ANCIE, ATTACH SCHEDULE

TOTALS

ES PAID TO _

119--

I HAVE WOR LEASE 2 C, TU ACRES OF LAND

RENTAL PRICE BEINGS -

35, dEFT FISA HAS BEEN PAID TO

MORTGAGE INTEREST PAIO TO.

date

- 19-

(COUNTY AND STATES

-19-

OTHER INVESTMENTSS: 'FISCANE'

E YOU ANT PARTNERS IN YOUR BUSINESS?...

I E IF SO, STATE PARTiCULARS _

: YOU EVER BEEN ADJUDGED A BAAXRUPTI

LE_ IF SO STATE PARTICULARS..

PE__ STATE PARTIEULARS

¡MENTS OR SUITS FEYDING AGAINST ME AT THIS TIME S

INSURANCE: LEL. CZE PAYABLE TO

RANCE ON• BUILDIIGSS

__ IS THE RIGHT TO CHANGE DENEFICIARY RESERYED?

_ LIVE STOCK 5_

I MAVE RESIOLO AT FRESENT LOCATION..

Gins _ MONTHS: FORMERLY RESOR _

I HAVE READ THE REOVE STATEMENT. GOTH PITTEN AND PRINTED, BEFORE SIGNING. AiD IS IS CORRECT.

_MACHINERY ANO AUTOMOTIVE EQUIPMENT S'-.

_121

ESS:

BEFORE SIGNING, SEE THAT ALL QUESTION HAVE BREN ANGUINCO AND ALL O artE

Xill Be

SUBSCRIBED AND SWORN TO BEFORE ME THIS _ -

-_ DAY OF

→.19

(HSTART PUBLI IN AND TOX

•EALI

MY COMMISSION EXPIRES.

xi..

• STATEORIS SURGISCO DO FÍORARI RESERVE BONE MUST FITHER BE SIGARO DRINSALS DR CORDITO COPIES DA CORES ARE TURXISHED, FOLLORING CARTINICATE MOST DE OPTICIRES SIGNEO BY MEMBCE RANK.

WE MERIDE CENTISY THAT THE FOREGOING IS A TRUE AND CONFECT COPY DE A SIGNCO FINANCIAL STATEMENT OF THE ABOVE MENTIONED INOIVIDUAL. FIRMI OR CORPORATION NOW ON FILE :

LANX ANO TIAT. TO THE BEST OF OUR KAOLEDGE AND HELES THIS STATEMENT REFLECTS THE TRUE CONDITION OF THE BORROMER

(NAME OF MEMBER BANK)

(OFFICIAL, SIGNATUREI

hill

like

NW 68262 Docld:32989685™Page'36' C AUNTS NOT IS THE BISCUION OR SHE DISEAT COMMITTEE OR THE PREPA BESEE BANK BE ACCEPTED

---

## Page 37

FD-302 (REV. 11-27-70)

FEDERAL BUNEAU OF INVESTIGATION

4/11/73

Dale of Iranscription.

ORVILLI GEOGE SCHWARTING, BoX 75, Porcupine,

South Dakota, tolephone 867-6261, provided the folloving

information:

He owns a guest ranch which is situated on 20

acres of land in Shannon County in Porcupine, South Dakota.

RICHARD BEIGEN

owns the adjoining land to the guest ranch

which SOIRTING leases from hin.

SCHNArFiNG has owned

this land for approxinately five years and has not sold

any of the land which the guost ranch is situated on. He

initially obtained the land for the guest ranch by trading

150 acres of land which he owned in the Bad Lands located

i.n

Washabugh County and the 20 aces

at the suest ranch.

This trade was between SCIHARFING and RICHARA BIRGLI, WhO

Jives

the title, deed and transfer

records for the

trade of this land can be located at the

Hachabuch County goat which is located at the Court llouse

in Kora'sa, licoraska.

The title, deed and transfer records

for the land at the

guest ranch

are located at the Court

House in lot Springs, South Dakota, which is the depository

Son records of

Shannon County.

The abstract for the land

at the gust ranch can be seen by contacting to como,

Buzeau of indian dilairs (BIA). kcalty Officer, Pine Lidge,

South Daisota.

In October, 1972, BOB ECOFTLY, VINCENT EREVER

and FIRST HAME VINDICHN (FNU) WAH contacted SCHNARTING in

atcempt to purchase the land ai the guest ranch located

at Porcupine.

SCHANTING was asking $20,000 for the land

by itself and 140, 000 for the land and buildings.

land deal. between

SCINARTIG, FORESY, LOVER ANd WAN was

never consummated as sCOrfEx would not pay the price which

SCIVARTING Wanted for the land.

RICHARD WILSON wAS

not in any vay connected with

this aticupt to purchase the land at the guest ranch-in

Porcupine.

SCENANTING owns five portions of land situated

around the Wounded Knee arca.

He also owns pieces of

farm land in Bennett and Shannon Counties.

This land is

financed through the Prudential Life Insurance Company.

&II SChANTING'S financial transactions are handled through

Interviewad for

br

• 1/12/73

Gordon,

Nebraska

SA'S MAURICE E. PEARSON 2nd

MATIONAS W. MATRIMES MED/mbw

lhas document conions neither recommendolions not conclusions of the FBI.

conlenty

ore nol lo be distribuled oulade your agency.

NW 68262 Docld:32989685 Page 37

7

_File #

MP 70-6995 -

4/13/73

Dute dictaled

Il is the property of the ill ond is luaned lo your agency.

ki..

---

## Page 38

MP 70-6996

ROBIRE ISIAN, PreSident, First National Banli, Gordon,

Nebrasta.

SCINANTING advised that if he can

be of

further

assistance to the iBI he

will be more

than

willing to cooperate.

8

NW 68262 Docld:32989685 Page 38

---

## Page 39

FD-302 (REV. 11-27-70)

FEDERAL BUREAU OF INVESTIGATION

Dato of transcription.

April 17, 1973

Midge, south Dakota, piovided the

He belongs to an organization called the Porcupine

Cattle Association (PCA) in Porcupine, South Dakota.

The ICA approached ORVILLE SCIANTING during the

latter part of 1972 in an attompi to purchase the lorcupine

Guest Ranch, which ChattiNG owns. ¿ChAnTInG was assing

too high

a price for the ranch, so the ca discontinued all

negotiations for the Gucst Ranch. corre does not recall

the amount of money which SCIVARTING vas asking for the

ranch.

ECONTEY has never recoived a Government grant of

any typo.

To the best of his lowlcdge, none of the members

of the PCA have received any federal grant money. If the

ECh could have negotiated a

rasonable price for

the purchase

of the Guest lanch, they were suing to finance the rauch

by each menber negotiating private loans to buy the ranch..

VINCENT DAVA, SIOUX Falls, South Datota, Was

negotiating during 1972 with the Oglala Sious Tribe, through

• the Planning Conmission, to establish a business on

the

reservation

to maise plastic products and this business vas to

be called

"Student Industrics."

If DAVA could obtain tribal

authority, the Planning Commission

was willing to assist hin

in obtaining a 3ã0,000 loan frow the Uglala sioux Irloc

revolving Cicuit Iund to finance the construction of the

Plastics factory.

This deal never went through as the

Lecutive Board of the Oglala Biow Tribe rejected the plan.

interviewed on_

1/16/73

not.

"AURICH E, YEARSON

Pine Ridge, South Dakota

-File #

MDP: with

1D 70-0995-7•

4/10/73

_ Dale dictared.

his docunions contorns neither reconmendations nos conclusions of liu FBI. 11 is tre property of the fil and is loaned lo your agency

I ond is contents ore not lo be distribuled cuiside your agency.

NW 68262 Docld:32989685 Page 39

9

---

## Page 40

FD.302 (REV. 11-27-70)

FEDERAL BUREAU OF INVESTIGATION

Dole of transcription.

April 20, 1073

DAVID I. VARIATTE, Reservation progral OLICe, PIne

RIage ALpore, pine mage, south balota (celephone number 867-5832

Extension 34D), proviced the following information:

He is employed by the Bureau of Indian Affairs (BIA) and

charged with the responsibilities under the reservation program

Office to stinulate and encourage economic and business evelopment.

Anong his

auties is to assist Indian people in obtaining Government

grants to begin Incion businesses.

DICK WILSON has received only one Government grant through

VARNATIT's office.

This was in December,

2970, when WILSON received

$7250 to begin a plumbing contracting business.

Ilc used the proceeds

Iron this grant

to

purchase a bach hoe tractor

and truck for the

busness. WILSON'S

business vas not successful.

VINCENT BREWER ANC PRANK I. SCOFFEY have never received

• Or applied for a Government grant through VARMATIE's office:

Ecorrey is currently atiempting to obtain a grant from

the office of

the Burean of indian affairs, hea Directors Aberdeen,

south Dakota, to begin a plastios lactory and he intends

to entoi

into purtnership vith VoCat Di Va, vio ous a restaurant in sioux

Falls, South Daliota

VARATrE bolieves that ¿COrTEX has been

successful in obtaining tho authorization fron the bIl area director

to recoive

the crant to bocin the plastics factory, but it is not

known for sure wether SCOrray has aconally withdrawn any of the

funds which have been set aside by the Area Director.

4/18/73

Pine Ridge, South Dakota

I MET MAURICE E POMSO and

_File #

by

/PHOLAS V. MATINENS - SilS

_ Dole dicroled

NP 70-6995

4/19/73

This dosument consons neither recormendations nor conclusions of the fBl. ll is the properly of the FEl and is looned to your agency:

it und its

contents

ore

nol lo be distributed ouiside your ogency.

10

-NWL68262_Docld:32989685 Page 40

---

## Page 41

TD-302 (REV. 11-27-70)

;

FEDERAL BUREAU OF INVESTIGATION

Dale of transcription 1122'11 20, 1973

South Daisota, was

contacted

at his residence and

interviewing

agents by display of their iI credentials.

BRewEr vas

advised that

the

FBi vished to question him concerning a Crine on 'an Indian

Reservation - Misappropriation, Misapplication, and traud.

BRETeR innediately advised Bureau Agents that he had no

stateuents whatsoover to make to the IBI and'refuced to answer any

questions.

4/18/73

.o1-

iSAS MAURICE I.

PEARSON and

THOLAS W. MATTIMS - SUS

pine Ridge, south Dakota File #

HP 70-6995

1/19/73

_ Dole dicluled.

This document conloins neither secommendations nor conclusions of the fBl. lI is the properly of the FiBl and is leaned to your agessy.

it and its consents

ore nos lo be distributed oulside your agency.

11

NW 68262 Docld:32989685 Page 41

---

## Page 42

-

MaNd HEr. 11-21-101

FEDERAL BUREAU OF INVESTIGATION

Dale of transcription.

April 20, 1973

THOMAS CONROX, Bureau Of Indian AiLaLiS (BIA, ReaLLY

office, pine Ridge, south Dakota, provided the Abstract of Title

Number 2795 which is located in the bin lcalty Office for review.

The following information vas obtained froin the afore-

nentioned Abstract:

The land which ORVILLE SCUlARTING owns as reflected in

the Abstract is

cescribed as follows:

Township 38 north, range 12 west, sixth prime meridian,

Shannon County, South Daiota, Section 19, Bast/2, Lot 2.

The Abstract roflects that RICHAND BERGEN Cuit Claim

on knrch 24,

of roal: property.

Duly acknowledged.

On November 30,

1970, LAVON R. SCHWARTING COnveyed

Quit Clain Deod to ONVIlin SCARIniG ior land herctofoic described.

Deed taled Decenber 16, 1970, and recorded in Book & oi Deeds, Page

103. Constucration was s1, OVC. Duly acknowledged.

4/17/73

Inveiviewed on.

o1.

MISA MAURICE I. PRARSON - SMIS

pine Ridge, South Dakota

_File #

MP 70-6995 - 1!

1/27/73

Dole dicluled.

This document certains neither recommendations nor conclusions of the FBl. li is the properly of the FBl ond is louned lo your agency:

i ond iis contents are nol la be distribuled outside your agency.

NW 68262 Docld: 32989685 Page 42

12

---

## Page 43

MP 70-6995

SA REEL ADAM BOYD on May 1,

The following inveig fation was conducted by

At Sioux Falls, South Dakota

JANET ROONEY, Sioux Falls Credit Bureau,

advised that VINCENT J. DAVA is president of the

"Vin Mar Industries'

• The Vin Mar Industries is a

restaurant located in the downtown section of Sioux

Lounge Restaurant.

VINCENT J. DAVA is known to be uncooperative

with law enforcement officers and he is not the type

of person to voluntarily furnish information to the

FBI.

* 13.

NW 68262 Docld:32989685

Page 43

---

## Page 44

FEDERAL BUREAU OF INVESTIGATION

1

Date of transcripion _ 6/2/73

GLADYS HALLEFT, Registrar of Deeds, Call River

County, including Shamon County, Hot Springs, South Dakota,

nade available a photostatic copy of page 158, a deed, from

Book 8 of Deeds.

This deed is record of a sale of real estate described

as "The cast one half (ly) of Lot 3, Section 19, Township j

comprising 20.00 acres, more or less",

kange 42 west of the sixth Principal Meridian,

, and was sold on

March 23,

1957 to ORVILLE G. SCHWARTING and LAVON SCHWARTING

bY RICHARD BERGEN and JUDITH I. HAUFF nee Bergen.

di.

Interviewed on 5/30/73

Hot Springs, South Dakotafile #MP 70-6995 14

by-

_ Dale dictated_ 6/1/73

This docunient contains neither recommendutions nor conclusions of the FBl. Il is the property of the FBl and is looned lo your ogercy;

it ond ils conierals

distributed outside your agency.

14

NW 68262 Docld:32989685 Page 44

---

## Page 45

FD-34)2 (REV. 11-27-70)

FEDERAL BUREAU OF INVESTIGATION

1

Date of transcription 6/22/73

he one test on, tage sue baron, period

The correct description of the property

owned by ORVILLE SCHWARTING, which is known as thè

Porcupine Guest Ranch, is as follows:

Township 38 north, range 42 west,

Sth prime meridian, Shannon County,

South Dakota, section 19, east/2,

lot 3

BLACK ELK advised that lot 2 was inadvertently

Lyped on the face of the abstract and the correct des-

cription is in the details of the abstract.

Interviewed on 6/15/73

_ Pine Ridge, South Dakota

_File # MP 70-6995

by-

SA DEAN HOWARD HUGHES/mbw

Date dictaled_

6/18/73

This document contains neither recommendalions nor conclusions of the FBl. Il is the properly of the FBI and is loaned to your agency:

il and ils contents are not to be distribuled oulside your agency.

NW 68262 Docld:32989685 Page 45

15*

---

## Page 46

F'D-263 (ter, 1=7-72)

FEDERAL BUREAU OF INVESTIGATION

REPORTING OFFICE

MINNEAPOLIS

TITLE OF CASE

VINCENT BREWER;

FRANK R. ECOFFEY

RICHARD WILSON

OFFICE OF ORIGI::

MINNEAPOLIS

DATE

6/20/73

INVESTIGATIVE PERIOD

3/31 - 6/15/73

REPORT MADE BY

SA MAURICE E. PEARSON

CHARACTER OF CASE

TYPED BY

mbw

CIR - FRAUD (MISAPPLICATION OF FUNDS)

-C -

ADMINISTRATIVE

Investigative period in this report is lengthy due

to the extenuating circumstances surrounding the Wounded Knee

Special

59266

CONVIC.

FUG.

ACCOMPLiSHMENTS CLAIMED

FINES

SAVINGS

-Ax-

COVER PAGE

XI NONE

ACQUIT-

RECOVERIES

TALS

CASE HAS BEEN:

APPROVED

COPIES MADE:

SPECIAL AGENT

IN CHARGE

YES DINO

DO NOT WRITE IN SPACES BELOW A :

Bureau

1 - USA, Sioux Falls

1 - Minneapolis (70-6995)

JUN 25 1973

REC-29

ST 113°

Dissemination Record of Attached Report

Agency

Request Recd.

Date Fwd.

7-473

How Fwd.

0.6,0-142

By

In 43

ww 68262 d6cha3318785

Page 46

Notations

COVER PAGE

---

## Page 47

FD 204 (Rev. 3-3-59)

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

Copy to:

I - USA, Sioux Falls, South Dakota

Report of:

Date:

SA MAURICE E. PEARSON

June 20, 1973

Field Office File #: 70-6995

Title:

Office: MINNEAPOLIS

Bureau File #:

VINCENT BREWER;

FRANK R. ECOFFEY;

RICHARD WILSON

Character:

CRIME ON INDIAN RESERVATION - FRAUD (MISAPPLICATION OF FUNDS)

Synopsis:

Investigation disclosed that subjects did not mise

South Dakota. Investigation discontinued.

-C-

DETAILS:

This investigation was predicated on March 31, 1913,

upon an allegation by PEDRO BISSONETTE, American Indiar

Movement (AIM) leader inside the occupied village of Woundec

the construction of a plastics factory on the fine Ridge

FRANK ECOFFEY and

Porcupine,

ocu mone south ease the Big Foot Guest Ranch at

This document contains neither recommendations nor conclusions of the FBI.

It is the property of the FBI and is loaned to your agency; it and its contents

are not to be distributed outside your agency.

NW 68262 Docld:32989685 Page 47

U. S. GOVERNMENT

PRINTING OFFICH: 1970 D - 406-840

---

## Page 48

FD-30? (REV. 11-27-70)

FEDERAL BUREAU OF INVESTIGATION

4/14/73

Dale of transcription,

J. S. DIAN, U. S. Postmaster, Porcupine, South

Dakota, provided the following information:

ORVILLE SCHVARTING is a cattle rancher and farmer.

He has been living on the Porcupine guest ranch for

approximately five years. He leases some of the land

around the guest ranch from RICHAND BIRGIN in Rosebud,

South Dakota.

The First National Bank of Gordon, Nebraska

has all the details

concerning the financing

and ownership

of the guest ranch.

.:

4/12/73

Porcupine, South Dakota

MAURICE E. PEARSON and

File # MIP 70-6925

wiremen-

_Dule diclaled.

4/12/73

by.

This docunent contams neither recommendations nor conclusions of the FBl. ll is the proporly of the til and is looned lo your agency.

il and its contents

nor 10 les distributid ouisido your agency

NW 68262 Docld:32989685 Page 48

2.

---

## Page 49

3. thru 7

deleted to

Protect pource

NW 68262 Docld:32989685 Page 49

---

## Page 50

•ED-302 (gEV. 11-27-70)

FEDERAL BUREAU OF INVESTIGATION

4/14/73

Dale of transcription..

ORVIlle GhonGe SChaRtING, BoX T0, Porcupine,

South Dakota, telephone 867-5261, proviced the following

information:

He owns a guest ranch which is situated on 20

acies of land in Shannon County in Porcupine, South Dakota.

RICILARD BERCIN

owns the adjoining land to the guest ranch

which SCIMARTING Icases

from hin.

SCIWARTING has ovned

this land for approximately five years and has not sold

the land which

the guest ranch is situated on.

initially obtained the land for the guest ranch by trading

150 acres of land which he owned in the Bad Lands located

in Washabugh County and the 20 acres at the

guest ranch.

This trade was between SCIARTING and RICHAR. BERGEY, WhO

lives

in Rosebud, South Dakota.

The title, deed

and

transfer.

records for the

trade of this land can be located at the

Fashabugh County Seat which is located at the Court House

in Kora'sa, Nebraska.

The title, deed and transfer records

fon the land at the guest ranch are located at the Court

House in Hot Springs, South Dakota, which is the depository

for records of Shannon County.

the abstract for the land

at the gust ranch can be seen by contacting toM CONOY,

Bureau of Indian Affairs (BIl). Realty Officer, Pine Midge,

South Daicota.

In Cctober, 1972, BOB ICOTEY, VINCENT DR EVER

and FIRST NAME UNIONN (INU) WAN contacted SCHNARTING in

an attempt to purchase the land ai the guest ranch located

at Porcupine.

SCHHANTING waS asking $26,000 for the land

by itself and $40, 000 for the land and buildings.

land deal between

SCHVARTING, ECORN,

BREWER and WAN vaS

never consummated as ECOrfEy would not pay the price which

SCHYARTIG wanted for the land.

RICHARD WILSON was not in any way connected with

this atrempt to purchase the land at the guest ranch in

Porcupine.

SCIANTInG ouns live portions of land situated

around the Wounded Knee area. He also owns pieces of

farm land in Bennett and Shannon Counties.

This land is

financed through the Prudential Life Insurance Company.

AI] SCHVANTING'S financial transactions are handled through

Interviewed

• 4/12/73

a Gordon,

Nebraska

NAURICE E. PEARSON and

THIO.AS W. MATTHEWS HEP/mbw

_File #

MP 70-6995 ™

.br-

Dole diclaled

4/13/73

This dorument contorns nosher recommendations nor conclusions

at the F81. se is the preporly of the fill and is leaned to your agency.

nol le be distribuled oulside your agency.

NW 68262 Docld:32989685 Page 50

---

## Page 51

MP 70-6995

RUBiRt IIAd, President, firSt NatIonal Bahl, Gordon,

Robiaska.

SCINANTING adVised

that if he can

be of

further

assistance to

the iBI he will. be more than

willing to cooperate.

8

NW 68262 Docld:32989685 Page 51

---

## Page 52

FD-302 (KEV. 11-27-70)

FEDERAL BUREAU OF INVESTIGATION

April 17, 1973

Date of transcription.

He belongs to an organization called the Porcupine

Cattle Association (PCA) in Porcupine, South Dakota.

The ICA approached ORVILLE SCIARTING during the

lattor part of 1972 in an attenpi to purchase the torcupine

Guest Ranch, which sChiatiNG owns. sCIAnTING was assing

too high a price for the ranch, so the ICA discontinued all

negotiations for the Gucst ranch.

[COrThY does not recall

the amount of moncy which SCiNARtiNG vas asking for the

ranch.

ICOlEX has never reccived a Government grant of.

any typo.

To the best of his kowlouge, none of the members

of

the FCA have received any l'ederal grant money. If the

Ica could have negotiatoa

rcasonable price for

the purchase

of the Guest lianch, they were going to finance the ranch

by each nonber negotiating

private loans to buy the ranch.

VIRCINY DAVE

the Planning Conmission, to establish a business on

the

reservation to make plastic products and this business vas to

be called

"Student Industrics."

Il DAVA could obtain tribal

authority, the Planning Commission

was willing to assist him

in obtaining a S50,000 loan from the oglala sioux Tribe

Revolving Cicuit Fund to finance the construction of the

plastics actory.

This denl never vent through as the

Ibecutive Board of the Oglala

Sious Tribe rejected the plan.

1/10/73

initioned on t

i .i

_al

SA THOMAS W.

MATTILEYS

by 12

SA

INURICE E, PEARSON

Pine Ridge, South Dakota

_ File #

NIP 70-0995 7•

4/10/73

Date dictaied

This document contains neither recommendations nor conclusions of the Fil

il ond is contents are

nor 1o be distribuled aulside your agency.

NW 68262 Docld:32989685 Page 52

9

It is the properly of the fill and is looned lo your agency.

---

## Page 53

FD-302 (REV. 11.27.70)

FEDERAL BUREAU OF INVESTIGATION

Dote of transcription.

April 20, 1973

DAVID L. VARATTE, ReSerVation Program OliICO, Pine

lage Airpoli, pine lidge, soucn balota (telephone numper 807-5052

Extension 34D, provicied the following information:

He is employed by the Bureau of Indian Aifairs (BIA) and

charged with the responsibilities under the Reservation Program

Office to stinulate and encourage economic and business lievelopment.

Anong his duties is to assist indian poople in obtaining Government

grants to begin Indian businesses.

DICK WILSON has received only one Government grant through

VARATTE's office.

This was in Decenber, 1970, when WILCON received

$7250 to begina plumbing contracting business.

Ile used the proceeds

from this grant to purchase a baci. hoe tractor:

and truck for the

buiness. WILSOl's business vas not successiul.

VINCENT BREVER And TRINK I, ICORTEY have never received

oi applicd for a Government grant through VARUTTE's OffiCe:

ECorazy is currently attempling to obtain a grant from

the office of the Burcau of Indian Affairs, hea Director, Aberdeen,

south Dakota, to begin a plastios factory and ho intens

to entoi

Into partnership wie VINcat Da Ve, who owns a regtamane in Sioux

ralls, South Daliota

VARATTE belleves "chat aCOrFty has deen

successiul in obtaining the authorization frou the DIl area director

to reccive the grant to

begin the plastics iactory, but li is not

Known for sure wether ICOrTeX has acuually withdrawn any of the

funds which have been set aside by the Area Dircctor.

di =

4/18/73

intervien frigon-

-al.

SX'S LAURICE E, PEARSON and

THOLAS V. LATINIENS - SiS

Dine Ridge, South Dakota

File #

NP 70-6995

1/19/73

dy.

_ Dale dicloled_

This document conuros neither recommendarions

il ond

conclusions of the l'Bl. Il is the property of the FEl and is louned to your oganey:

ils conlonis

ore

not lo be distribuled oulside your agency.

10

-MW-68262_Docld:32989685 Page 53

---

## Page 54

F0-302 (REV.11-27-70)

FEDERAL BUREAU OF INVESTIGATION

Dale of tronscription_

AD211 20, 1973

south Dakota, was contacied

Agents

by display of their net credentials.

BREwer was advised that

the IBi vished to question hin concerning a

Crime on an indian

Rescivation - Misappropriation, Misapplication, and traud.

BREWER innediately advised Bureau Agents that he had no

stateuents

whatsoever to make to the FBI and rcfused to answer any

questions.

4/18/73

infeariened on_

- ISAS HAURICE E. PEARSON and

THOMAS W. MATTHEWS - SHIS

pine Ridge, south Dakota File #

HP 70-6995

1/19/73

_ Dule dicioled.

This document contains neither recommendulions nor conclusions of the FBl. ll is the properly of the FBl and is loned lo your agency:

it ond

its consents ore

nol lo be distribuled oulside your ogency.

11

NW 68262 Docld:32989685 Page 54

---

## Page 55

TU-SUZ (REV. 11-21-101

FEDERAL BUREAU OF INVESTIGATION

..

April 20, 1973

Date of Ironscription.

The following information was obtained fron the afore-

nontioned Abstract:

The land which ORVILLE SCUVARTING owns as reflected in

the Abstract is described

as follows:

Township 38 north, range 12 west, sixth prime meridian,

Shannon County, South Dakota, Section 19, Bast/2, Lot 2.

The Abstract reflects that RICHARD BERGIN Quit Clain

Deed to ORVIlLa ana LAvOl SCAnTING on March 23, 1967. Deed filed

on unrch 24, 1967, and recorded

In 100k & oi seeus, Page Lou,

at

Shannon County Courthouse, Hot Springs, South Dakota. Consideration

ton this aced was f1 and other valuable consideration (OVC) exchange

of rcal: property. Duly achnowledged.

On November 30, 1970, LAVON R. SCIWARTIG conveyed

Quit Clain Docd to ORVILLE SCHARTIIG for land heretofoic described.

eed tiloa December do, 1910, and recorded in 100k & oi Deeus, Page

163. Consicoration was $1, OVC. Duly acknowledged.

Intelviewed on.

4/17/73

•

•al_

MEISA MAURICI E. PRAISOY - SiS

Pine Ridge, South Dakota

_File #

MP 70-6995 - 1!

4/17/73

_ Date dicloled.

this document conlains neither recommendations nor conclusions of the FBl. I is the property of the fil and is looned to your agency;

" ond its condonis" are nol la be distribuled aulside your agency.

NW 68262 Docld:32989685 Page 55

12'

di.-

---

## Page 56

MP 70-6995

The following investigation was conducted by

SA REEL ADAM BOYD on May 7, 1973:

At Sioux Falls, South Dakota

JANET ROONEY, Sioux Falls Credit Bureau,

advised that VINCENT J. DAVA is president of the

"Vin Mar Industries"

restaurant located in the downtown section of Sioux

Falls. It is known as Di Ve's Italian Food and

VINCENT J. DAVA is known to be uncooperative

with law enforcement officers and he is not the type

of person to voluntarily furnish information to the

* 13 .

NW 68262 Docld:32989685 Page 56

---

## Page 57

FEDERAL BUREAU OF INVESTIGATION

Dole of transcription_

_6/2/73_

GLADYS HALLETT, Registrar of Deeds, Fall River

County, including Shanzon County, Hot Springs, South Dakota,

nade available a photostatic copy of page 158, a deed, fron

BOOk 8 of Deeds.

This doed is record of a sale of real estate described

as "The east one half (Le) of Lot 3, Section 19, Township je

North, lange 42 west of the Sixth Principal Meridian,

comprising 20.00 acres, more or less", and was sold on

March 25, 1957 to ORVILLE G. SCHWARTING and LAVON SCHIYARTING

by RICHARD BERGEN and JUDITH I. HUFF nee Bergen.

Interviewed on 5/30/73

Hot Springs, South Dakota ile #MP 70-6995 - !

by--

_ Dose dicialed.

6/1/73

This document contoins neither recommendations nor conclusions of the FBl. Il is the property of the FBl and is loaned lo your agericy:

il ond ils conlerts

are

• no in be distributed outside your ngency.

14

NW 68262 Docld:32989685 Page 57

---

## Page 58

→ 80:302 REV. 11.27-701

FEDERAL BUREAU OF INVESTIGATION

Date of transcription_

6/22/73

LUCILLE BLACK ELK, Bureau of Indian Affairs

(BIA) Realty Office, Pine Ridge, South Dakota, provided

the tollowing information:

The correct description of the property

owned by ORVILLE SCHWARTING, which is known as the

Porcupine Guest Ranch, is as follows:

Township 38 north, range 42 west,

sth prime meridian, Shannon County,

South Dakota, section 19, east/L.

BLACK ELK advised that lot 2 was inadvertently

typed on the face of the abstract and the correct des

cription is in the details of the abstract.

Interviewed on_

6/15/73

_a Pine Ridge, South Dakota

_File # MP 70-6995

by_

SA DEAN HOWARD HUGHES /mbw

_Date dictaled.

6/18/73

his document conloins neither recommendations nor conclusions of the FBl. It is the properly of the FBI and is loaned to your ogenc

I and ils contents ore not lo be distribuled oulside your agencs

NW 68262 Docld:32989685 Page 58

15%

---

## Page 59

FD-253 (Rev." 1-7-72,

FEDERAL BUREAU OF INVESTIGATION

REPORTING OFFICE

MINNEAPOLIS

TITLE OF CASE

OFFICE OF ORIGIN

MINNEAPOLIS

RICHARD WILSON, SR.,

TRIBAL PRESIDENT

OGLALA SICUX INDIAN TRIBE,

PINE RIDGE, SOUTH DAKOTA;

JAMES WILSON,

DIRECTOR, TRIBAL PLANNING

CENTER, OGLALA SIOUX INDIAN

DATE

9/6/74

INVESTIGATIVE PERIOD

8/2/74-8/28/74

REPORT MADE BY

SA RONALD E. BRUGGER

CHARACTER OF CASE

CIR - EMBEZZLEMENT OF TRIBAL

FUNDS; FAG

TYPED e.

bz

COMPANY, PINE RIDGE, SOUTH DAKOTA

REFERENCES:

Minneapolis airtel to Denver, 9/3/74%°

Minneapolis letter to Bureau, 9/3/74.

/

i..

CONVIC.

FUG.

ACCOMPLISHMENTS CLAIMED

FINES

SAVINGS

XI NONE

RECOVERIES

APPROVED'

SPECIAL AGENT

IN CHARGE

COPIES MADE:

Bureau

USA, Sioux Falls, South Dakota

2

Denver

2

- Minneapolis (70-9027)

ACQUIT

*AL

CASE HAS BEEN:

PENDING OVER ONE YEAR DYES N

PENDING PROSECUTION

OVER SIX MONTHS

DYES BINO

DO NOT WRITE IN SPACES BELOW

REC-63

'i

22 SEP 16 1974

-

Notations

Dissemination Record of Attached Report

Agency

Request Recd.

Date Fwd.

42414

How Fwd.

Nw oä2= 4odr2b568

Rage a.

DATA PROC

---

## Page 60

MP 70-9027

ADMINISTRATIVE:

A review of linneapolis Files disclosed no

identifiable reference to BRYAN BREWER, BRIAN BREWEK Or

Lakota Sand and Gravel Company; reference is made to

VINGENT BREWER, BILL CUNY, TOBY EAGLE RULI, JERRY GLAZE,

Hills riaterial Company, JOHNSON HOLY ROCK, GERALD ONE

FEATHER, TIM SHENGUE JANES WILSON and RICHARD WILSON.

disclosed STANFORD ADELSTEIN was

the president and major stockholder in Hills Material Company,

Rapid City, South Dakota, and was

"behind" Lakota

Enterprises, a corporation connected with Indians and

highway construction,

thus explaining the reluctance

of MERLE JOHNSON, Hills Material Company, hot springs,

June South Dakota, to

talk with the FBI (pages 10 and 11).

a disclosed VINCENT BREWER, complainant in this

was the subject of a CIR-Embezzlement case (1973),

the allegations of which were found to be unsupported

and which was declined by an AUSA, District of South

Dakota, in 1973.

For the information of the Bureau, this matter

was opened as a CIR-Embezzlement.

Subsequently, the character

FAG was added to the title in view of additional allegations

received. Therefore,

in initial interviews, signed, SWOrl

statements were not obtained.

In the near future wher

additional details are obtained

and previous to interviews

of the subjects,

the USA, District of South Dakota, WilL

be contacted and his prosecutive opinion sought.

LEADS:

DENVER DIVISION

AT DENVER, COLORADO

Disbursements Center, attempt to locate Pine Ridge Indian

the period June, July and August, 1974, and review the

supporting documents in an attempt to determine whether

the supporting documents are the same bills belivery

Tickets) as paid by the Indian Action Team (IAT),

B

(COVER PAGE)

NW 68262 Docld:32989685 Page 60

---

## Page 61

MP 70-9027

Pine Ridge, South Dakota (See list of delivery ticket

numbers on pages 4, 5 and 6).

2 - Will also attempt to determine whether BIA

disbursed $10,000 to Lakota in May or June, 1974, for the

leveling of two industrial lots at Pine Ridge, South Dakota

(See page 6).

MINNEAPOLIS DIVISION

AT HOT SPRINGS, SOUTH DAKOTA

1 - Will, through MERLE JOHNSON, Hills Material

Company, attempt to determine whether a book of Hills Material

Company Delivery Tickets was stolen from the Company and if

so, will obtain the delivery ticket numbers.

2 - Will, through VINCENT BREWER, Tribal Councilman,

attempt to locate a copy of the oglala

Sioux Tribal resolution

which specities tribal businesses must purchase materials

from other tribal businesses.

(COVER PAGE)

NW 68262 Docld:32989685 Page 61

---

## Page 62

FD-204 (Rev. 3-3-59)

UNI

D STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

Copy to: 1 - UNITED STATES ATTORNEY, SIOUX FALLS, SOUTH DAKOTA

Report of: SA RONALD E. BRUGGER

Date:

September 6, 1974

Field Office File #: MP 70-9027

Office: MINNEAPOLIS

Bureau File #:

Title:

RICHARD WILSON, SR.,

TRIBAL PRESIDENI

OGLALA SIOUX INDIAN TRIBE,

PINE RIDGE, SOUTH DAKOTA;

JAMES WILSON,

Serests

DIRECTOR, TRIBAL PLANNING CENTER,

OGLALA SIOUX INDIAN TRIBE,

PINE RIDGE, SOUTH DAKOTA;

XENIX RICHARD WILSON, JR.,

LAKOTA SAND AND GRAVEL COMPANY

PINE RIDGE, SOUTH DAKOTA

Character: CRIME ON AN INDIAN RESERVATION - EMBEZZLEMENT OF TRIBAL

FUNDS; FRAUD AGAINST THE GOVERNMENT

Synopsis: A former employee of the Indian Action Team (IAT),

vocational training program located on the Pine Ridge

Indian Reservation, South Dakota,

believed was controlled by RICHARD WILSON, SR., Oglala

the gravel.

Cour man at call co vason into late

An Oglala Sioux

1050,000 destined for a street improvement program an

leposited the money in a Gordon, Nebraska, bank.

Inves-

tigation regarding the alleged gravel fraud continuing.

Investigation disclosed the company used at least one

government trailer without proper authorization and with

WILSON's knowledge. Investigation failed to support the

allegations regarding the payments of $10,000, $65,000

and $650,000.

-P-

DETAILS:

This document contains neither recommendations nor conclusions of the FBI. It is the property of the FBI and is loaned to your agency; it and its contents

are not to be distributed outside your agency.

NW 68262 Docld:32989685 Page 62

U. 5. GOVERNMENT PRINTING OFFICE: 1970 0 - 406-8-10

---

## Page 63

MP 70-9027

Investigation in this matter was predicated

upon information received July 25, 1914, from

Tribal Councilman, Oglala Sioux Indiar

Tribe,

VINCENT ine Ridge, South Dakota, who advised his son,

BRYAN

BREWER, possessed knowledge regarding RICHARD

WILSON, SR.,

Tribal President, Oglala Sioux Indian

Tribe,

and

possible embezzlement of tribal funds.

BREWER advised his son possessed documents to support

an allegation WILSON was involved in a fraud involving

purchase of gravel. BREWER added he was recently told

the U. S. Government receltly funded $650,000 for

• .

NW 68262 Docld:32989685

Page 63

---

## Page 64

FEDERAL BUREAU OF INVESTIGATI

9/4/74

Interviewed on.

Dole of transcriplion..

BRYAN BREWER, Teachers Corp. Intern, telephone

number 867-5191, was interviewed at the Oglala Community

school, at wnich time he provided the following information:

He resides in a white trailer home on the left

hand side of route 18 approximately four miles east of Pine

Ridge, South Dakota. His date of birth is February 4, 1947.

He held the position of Program Director, Indian

Action Team (IAT) from August 1, 1973, until. he resigned

on July 12, 1974.

Last year he realized approximately $110,000.00

of IAT funds was budgeted but probably would not be used. "

In January, 1974, he conferred with the Bureau of Indian

Affairs (BIA) Technical Assistance Center in Denver,

Colorado, regarding his desire to establish a Cement Batch

Plant run by the tribe. BIA approved the project based upon

a subsequent approval by the Oglala Sioux Tribal Council.

In the same month the Tribal Council approved the project

and passed a resolution to that

effect.

In approximately February, 1974, he mentioned

to DICK WILSON, Oglala Sioux Tribal

President, he had sent

JOE BLUE HORSE tO Denver, Colorado, to purchase a truck

for the Cement Batch Plant. WILSON "ordered " him to

recall BLUE. HORSE and not to purchase a truck as he

(WILSON) was buying a truck and the Cement Batch Plant

was to buy all gravel from him (WILSCN). The gravel, he

noted, was a crushed limestone.

He hired IKE BETTELYCUN to operate the Batch

Plant. WIISON's men, under the name Lakota Sand and Givel

Company (Lakota), owned by RICHARD (MANNIE) WILSON, JR.,

DICK WILSON's son, began to haul the gravel. He noted

8/26/74

Pine Ridge, South Dakota

_ol.

_ File #

MP 70-9027

SA RONALD E. BRUGGER/ REB/ pms

8/30/14

by.

Dole dicioled.

3

This document contains neither recommendalions nos conclusions ol lhe FBl. Il is the properly of lhe FBl and is loaned lo your ogency:

il ond

ils

contents

are

not lo be distribuled oulside your ogency.

NW 68262 Docld:32989685 Page 64

---

## Page 65

MP

2

70-9027

WILSON, previous to this, had the Oglala Sioux Tribal

Council pass a resolution stating all tribal businesses

must purchase materials from other tribal businesses, if

available.

However, he personally observed on many occasions

Lakota using a Government trailer and a Government truck

to haul the gravel.

He knew they were Government vehicles

as the vehicles had Government license plates. He also

knew the delivery was to the Batch Plant, not a BIA project

inasmuch as the vehicles were observed by him delivering

_.gcavel

to the Batch Plant gravel pit. STANLEY WALKER,

Superintendent, BIA Roads Department, authorized IAT to

utilized Government vehicles not in use; he was not sure

if Lakota was authorized to use the vehicles.

He kept copies of 69 delivery tickets which

were submittea to him by DICK WILSON, JR., Or DICK WILSON,

SR., While he was with IAT. The delivery tickets represent

gravel obtained from Hills Material Company, Hot Springs,

south Dakota, by Lakota and all were dated june, 1974.

IAT paid these and subseguent bills. The total

amount. for

the 69 deliveries was approximately $3,450.00. The invoice

numbers of the 69 delivery tickets were as follows:

868

875

1049

1059

1067

illegible

1078

1088

..1116

1117

111.8

1119

1135

1139

NW 68262 Docld:32989685 Page-6,5 .

---

## Page 66

MP

3

70-9027

1.

1157

1180

1184

1189

11.98

1207

1226

1230

1233

1237

1238

1239

1248

1249

1283

1300

1307

1315

18772

19033

19048

19051

19061

19067

19149

19172

19190

19216

19261

19282

19302

19311

19316

19350

19354

19366

19377

19388

19391

19392

19403

19404

19416

NW 68262 Docld:32989685 Page 66

---

## Page 67

MP

4

70-9027

19419

19428

19438

19445

19453

19457

19476

19488

19501

1.9512

19527

19565

The paymert to Hills Material Company was for the

cost of gravel. Lakota also charged IAT for the gravel,

$2.00 a ton, and for delivery, $5.00 a ton, on the instructions

OI DICK WILSON, SR.

These bills were presented to FLOYD (BILL)PULLIUM

who paid them with an IAT check. The checks were payable

to Hills Material Company and Lakota.

In early July, 1974, he was talking to LEWIS PRYOR,

Plant Manager, BIA, Pine Riâge, South Dakota, who told him

BIA was also paying Lakota for gravel. He surmised the

payment by BIA was for the same graval. IAl paid for as there

were no other projects he knew of at that time requiring

gravel.

He heard in July, 1974, source not recalled,

BILL CUNY paid DICK WILSON Or Lakota $10, 000.00 for leveling twe

industrial lots for the Cement Batch Plant when neither

WILSONnOr Lakota actually did the work. The leveling was

completed in May, 1974, by IAT.

• ... =

NW 68262 Docld:32989685 Page 67

---

## Page 68

MP

70-9027

He also heard Exom JACK WATERS, date not recalled,

that JIM WILSON tOld DICK WILSON "we" received $65, 000.00 for th

street improvement contract. WATERS was then a heavy

equipment operator for IAT.

He knew nothing of DICK WILSON using Tribal funds

for his personal use through deposits in a bank in Gordon,

Nebraska.

..

• .

NW 68262 Docld:32989685 Page 68

---

## Page 69

FD-302 (REV. 11-27-70)

• FEDERAL BUREAU OF INVESTIGATION

Dole of transcription

August 5, 197-

FLOYD E. TAYLOR, Representative, Economic Development

Administration (EDA), Department of Commerce, Pierre,

South Dakota,

was telephonically contacted at (605) 224-1238, at which time he

provided the following information:

The ElA recently approved a grant of 5610,000 to the

Oglala Sioux Indian Tribe for street improvements at Pine Ridge,

South Dakota. The improvements consist of curb and gutter

construction as well as the paving of streets.

However,

to date

no disbursements have been made by EDA. Disbursements wilL De made

upon the receiving of final specifications and plans.

The firm which was awarded the contract as prime

contractor was Dakota Contracting, Incorporated, sioux falls,

south Dakota. Dakota Contracting, Inc., submitted the lowest bic

and was approved based upon experience, capability and know how;

a performance bond was also required.

EDA

is not aware of the sub-contractors employed by

Dakota Contracting, Inc., but Dakota Contracting, Inc., would aware

sub-contracts to the lowest bidders inasmuch as

Dakota Contracting,

Inc., is a private concern with a profit motive in mind.

Dakota

Contracting Inc., must absorb any

from sub-contractors.

excessive costs including those

The Tribe was the applicant for the paving project.

When the project is completed the Tribe will be the sole owner,

operator and maintainer of the completed construction.

The funds

when disbursed will not be made directly to the Tribe

but will be

submitted to a bank in increments based upon the submission of

vouchers and receipts of work. The monies when disbursed will be

deposited into a

the title of which will

spell out the road construction project in Pine Ridge, South Dakota.

No disbursements will bemade to an account in the name of the Tribe

or in the name of an individual. Disbursements are purposely made to

"special accounts"

as it is EDA policy not to mix those funds with

their Tribal funds.

Interviewed on: 8/2/74

o Pierre, South Dakota

_File # -

MP 70-9027

8

bY-SA RONALD E. BRUGGER/mjs.

Date diclaled

8/2/74

This document contains neither recommendations nor conclusions of the FBI, Il is the property of the FBl ond is looned lo your agercy:

il ond ils contents ore not lo be distributed outside your agency.

NW 68262 Docld:32989685 Page 69

---

## Page 70

70-9027

The Tribe initiated the soliciting of bids through

the professional engineers Dana, Larson and Roubal and Associates,

cierre,

South Dakota.

Although no EDA disbursements have been made to date

he believed interim financing was obtained by the Tribe through a

Interim financing is normally obtained

to begin the project following the approval of the initial

grant.

The interim financing account, if it does exist, woulc

also be a

, and would not exceed 25% of the grant.

These monies would be disbursed by the bank on the basis of receipts

and vouchers and would be audited by EDA at the end of the

project.

Interest expense

charged by the bank would be paid by EDA.

9

NW 68262 Docld:32989685 Page.70

---

## Page 71

TORSETEY, T1-27-70)

FEDERAL, BUREAU OF INVESTIGATION

Dale of transcription August 30, 1974

CLINT KAUFMAN, Dispatcher, Hills Material

Company, Hot Springs, South Dakota,

was telephonically

contactad at 605-745-5206, at which time he provided the

following information:

DICK MIISON, Oglala Sioux Tribal President,

recently came to the Hills Material Company and submitted

many Hills Material Company Delivery Tickets which

WILSON said were paid in error by the Tribes Indian

Action Team (IAT) • WILSON told Hills Material Company

officials, Lakota Sand and Gravel Company should have

paid for the gravel as represented by the delivery

Tickets, not IAT and WILSON then paid the amount in

question.

He would estimate this incident happened

within the past one month.

He knew nothing of Hills Material Company

employee, MERLE JOHNSON's comment that a book of Delivery

Tickets

were stolen from Hills Material Company.

JOHNSON

was not at the office; he advised he will alert JOHNSoN

to expect a

telephone call at 7:15 AM (MDT), 8:15 AM (CDT) •

8/28/74

Interviewed on.

Sioux Falls, South Dakota

_File #

MP 70-9027

SA RONALD E. BRUGGER/ jmE 10

8/29/74

_Dole dicialed.

This document contains neither recommendations nor conclusions of the FBI. ll is the properly of the FBl and is lonned lo your agency;

it and is contents ore, no: lo be distributed oulside your ogency.

NW 68262 Docld:32989685 Page 71

---

## Page 72

MP 70-9027

On August 28, 1914.

telephonically contact MERLE JOHNSON, Hills Material

South Dakota, telephone numbe

505-745-5206, From 7:15 a.M. (MDT) until 8:00 a•m.

(MDT) and at various times during the day. The line

was busy on all occasions.

• .

11

L

NW 68262 Docld:32989685 Page 72

---

## Page 73

FD-302 (REV. 11-27-70)

FEDERAL BUREAU OF INVESTIGATION

Date of transcription_

9/3/74

MIS. AGNES TYON, Management Technician, Plant

Management, was interviewed at her office located at the

Bureau of Indian Affairs (BIA) Building, at which time

she provided the following information:

Checks for payments of goods and services used

by Plant Management are not issued from Plant Management.

Rather the approval is made by the Plant Manager for

payment and the bill is forwarded to Bureau of Indian

Affairs (BIA), Aberdeen, South Dakota, who in turn forwards

BIA, Denver, Colorado.

The Plant Management Impressed Fund is normally

used for paying bills under $100.

However, all payments

for gravel, under and over $100 are made through the Denver

Office.

Interviewed on

8/26/74

- Pine Ridge, South Dakota File #.

SA RONALD E. BRUGGER: 11 12

MP 70-9027

by-

8/30/74

Date diclated.

his ducument conloins neither recommendations nor conclusions of the FBl. ll is the property of the FBl and is loaned to your agency

and iis conlenis are, nol lo be distribuled ovisida your ogency

NW 68262 Docld:32989685 Page 73

---

## Page 74

FD-392 (REV. 11-27-70)

FEDERAL BUREAU OF INVESTIGATION

Date of transcripion August 30, 1974

JOE HORN CLOUD, Property and Supply Officer,

Bureau of Indian Aifairs

(BIA), provided the following

information:

Government property, Including vehicles and

trailers, being used by personnel other than BIA

must have the approval of the Superintendent of BIA.

He has received no such approval by the Super-

intendent regarding Lakota Sand and Gravel Company's

use of Government vehicles.

Interviewed on.

8/27/74

- Pine Ridge, South Dako ta

_File # NIP 70-9027

• by.

SA RONALD E BRUGGER/jmE 13

_ Dale dicioted.

8/29/74

This document contains neither recommendations nor conclusions of the FBl. It is the property of the FBl and is looned to your agency;

it ons its contents are, not lo be distributed ourside your agency.

NW 68262 Docld:32989685 Page 74

---

## Page 75

FD-302 (REV. 11-27-70)

FEDERAL BUREAU OF INVESTIGATION

Date of transcription.

August 30, 1974

ALBERT W. TREBLE,

Superintendent, Bureau of

Indian AlIairs (BIA), Pine Ridge Indian ReserVatiOn,

was interviewed in his office in the BIA Building at

which

time he provided the following information:

He was recently told Lakota Sand & Gravel

Company, which is operated by DICK WILSON, Jì., son of

the Iribal president, was using a Government trailer

to haul gravel.

le immediately conferred with STINLEY

WALKER

Superintendent of the Roads Department, BIA, who

admitted loaning the trailer to DICK WILSON, Tribal

President,

for usage for what he (WALKER) thought was a

Tribal matter.

WALKER loaned the trailer without his

authority or knowladge.

He informally mentioned the incident to Tribal

President WILSON one evening and WILSON acknowledged knowing

the trailer was being used but WILSON changed the subject

and it was not to clear in his (TRIMBLE's) mind how

WILSON was involved.

Inierviewed on.

8/27/74

_Pine Ridge, South Dakota

_File # MP 70-9027

by

SA RONALD E. BRUGGER/jmE 14

_ Dote diciated.

8/30/74

his document contains neither recommendations nor conclusions of the FBl. Il is the properly of the FBl and is looned to your agency

I and ils contents are nol lo be distribuled oulside your agency

NW 68262 Docld:32989685 Page 75

---

## Page 76

FEDERAL BUREAU OF INVESTIGATION

Dole of trunscription AUgUSt 30, 197

WILLIAN CUNY, Directox, Economic Development

• Administration (uDA), Oglala sioux tribe, was interviewed

* the Sacred Heart Catholic Church, at which time ne

provided the following information:

He is a member of EDA and was formerly a member

of the Board of Directors of the Pine Ridge Reservation

Development Company. As a member of the latter, he was

in charge of drawing up plans for the Reservation's

Cement

Batch

Plant

located in Pine Ridge, South Dakota.

He recalled two industrial lots being leveled

otI in approximately May, 1974, for the Cement Batch Plant.

ne did not pay,

He added be knew of no payment to WILSON or any

member of WILSON's family for directing Tribal projects

to specific contractors.

Interviewed on.

8/25/74

•Pine Ridge, South Dakota

MP 70-9027

_File #.

by.

SA RONALD E. BRUGGER/ jmf 15

_ Dole dicioted.

8/28/74

Ihis document contains neither recommendations nor conclusions of the FBI. Il is the properly of the F9l and is looned to your ogency.

is and its contents are not la be distribuled oulsida your agency.

NW 68262 Docld: 32989685 Page 76

---

## Page 77

•....

Trai

FD-302 (REY, 11-27-701

FEDERAL 'BUREAU OF INVESTIGATION

Dote of transcription August 30, 1974

DEAN NESHIN, Secretary-Treasurer, Dakota

Contracting Corporation, was interviewed at nis ottice

at siol nest sist street, at which time he provided the

following information:

Dakota Contracting Corporation (Dakota) recently

was low bidder for a street improvement project at Pine

Ridge,

South Dakota.

The program was funded by the

Economic Development Administration of the United States

Government,

The

adjusted

contract price as of August 28,

1974, Was

$501, 863, 53.00.

The profit margin will be

approximately ten per cent.

Dakota has been working on the street project

Ior two months although no payment has yet been received.

Many subcontractors have been employed although Lakota

Sand & Cravel Company is not one. Dakota obtains its

Ready mix from the Tribes Indian Action Team Batch Cement

Plant and for a cost identical to otber area commercial costs.

GLEN JAMTGAARD is the President of Dakota.

Dakota has no Vice President. Neither DICK WIISON, DElala

Sious Tribal President,

nor the WILSON family have

any connections with Dakota.

No payment of any type

had been made to any of the WILSONs for obtaining the

street improvement project.

Interviewed on.

8/23/74

• Siour Falls, South Dalsota

HIP 70-9027

_File #

SA RONALD E, BRUGGER/jmf 16

8/29/74

by.

_ Date dictated_

This document contains neither recommendalions nor conclusions of the FBl. ll is the properly of the FBl and is looned to your agency:

il ond its contents are 'not lo be distributed oulside your agency.

NW 68262 Docld:32989685 Page 77

---

## Page 78

FEDERAL BUREAU OF INVESTIG

Dale of Ironscription.

August 30, 19

TRANK TOLSTEDT, Executive Vice President, Gordon

State Bank, provided the

following information:

He seviewed bank records but was unable to locate

an account for RICHARD WILSON, JAMES WILSON or Lakota

Sand & Gravel Company.

He advised he knew WILSON but

was not aware of WILSON's depositing large amounts of

money at his bank or any other bank in the area in recent

months. By depositing he was referring to deposits in

savings accounts,

checking accounts and Certificates of

Deposit. None of the above rent a safe deposit box.

The First National Bank, Gordon, Nebraska, Is

the only other bank in the immediate Gordon area.

In'erviewed on.

8/27/74

Gordon, Nebraska

-al.

SA RONALD E. BRUGGER/ jmf

17

_File #

MP 70-9027

3/28/74

Date dictaled_

This document contains neither recommendations nor conclusions of the F8l. ll is the properly of the FBl and is looned to your agency:

it ond ils conlenis ore not lo be

distributed oulside your agency.

NW 68262 Docld:32989685 Page 78

---

## Page 79

FD•302 (PEV. 11-27-70)

FEDERAL BUREAU OF INVESTIGATION

Dole of transcriplion.

August 30, 1974

BOB CONNEALY, Executive Vice President,

First National Bank, provided

the following information;

He is the officer who services Oglala Sioux

Tribe accounts and the personal accounts of RICHARD

WILSON, Tribal President.

He was aware of a Tribal street improvement

grant in

excess of $000, 000 which was recently approved

by the United States Governmaat. However, the grant

has not yet been recaived nor has the Tribe obtained

a loan based upon the grant.

He knew of no recent deposits by RICHARD WILSON,

JAMES WILSON or Lakota Sand & Gravel Company. By

deposits he includes deposits into savings accounts,

checking accounts and Certificates

of Deposit.

None of

the above rent a safe deposit box.

Interviewed on.

8/27/74

Gordon, Nebraska

_ol.

SA RONALD E. BRUGGER/juP 18%

NP 70-9027

File #

8/29/74

by

_ Date dictaled.

his document contains neither recommendalions nor conclusions of the FBI. Il is the properly of the FBl and is loaned la your ogency

and ils contents are not to be distribuled oulside your agancy

NW 68262 Docld:32989685 Page 79

---

## Page 80

note

deleteris

NW 68262 Docld:32989685 Page 80

---

## Page 81

FD-26.3 (REV." 1-7-72)

FEDERAL BUREAU OF INVESTIGATION

REPORTING OFFICE

MINNEAPOLIS

TITLE OF CASE

OFFICE OF ORIGIN

MINNEAPOLIS

RICHARD WILSON, SR.,

TRIBAL PR-SIDENT

OGLALA SICUX INDIAN TRIBE,

PINE REDGE, SOUTH DAKOTA;

JAMES WILSON,

DIRECTOR, TRIBAL PLANNING

CENTER, OGLALA SIOUX INDIAN

DATE

9/6/74

INVESTIGATIVE PERIOD

8/2/74 - 8/28/74

REPORT MADE BY

SA RONALD E. BRUGGER

CHARACTER OF CASE

CIR - ENBEZZLEMENT OF TRIBAL

FUNDS; FAG

TYPED E

bz

COMPANY, PINE RIDGE, SOUTH DAKOTA

REFERENCES:

Minneapolis airtel to Denver,

9/3/741°

Minneapolis letter to Bureau,

9/3/74.

-P-

CONVIC.

FUG.

ACCOMPLISHMENTS CLAIMED

FINES

SAVINGS

SPECIAL AGENT

IN CHARGE

XI NONE

RECOVERIES

CASE HAS BEEN:

ENDING OVER ONE YEAR _YES XIN

ENDING PROSECUTIO

OVER SIX MONTHS

DYES [INO

DO NOT WRITE IN SPACES BELOW

REC-63

APPROVED' •

COPIES MADE:

Bureau

USA, Sioux Falls, South Dakota

2

-

Denver

2 - Minneapolis (70-9027)

22 SEP 1G 1974

Dissemination Record of Attached Report

Agency

Request Recd.

Date Fwd.

4-L41)4

How Fwd.

NW 68262-100

Do 3293968

7

page 81

Notations

---

## Page 82

riP 70-9027

ADMINT STRATIVE:

identifiable reference to BRYAN BREWER, BRIAN BREWER Or

Lakota Sand and Gravel Company; reference is made to

Hills laterial

FATHER HONORAUL, JANES ISON ON REGRALD ATESON.

FEATHER,

Rapid City, South Dakota, and was

"behind" Lakota

Enterprises, a corporation connected with Indians and

highway construction,

thus explaining the reluctance

DI MARLE JOHNSON, HILLS Material Company, Hot springs,

south dakata, to talk with the FBI (pages 10 and 11).

NP 70-6995 disclosed VINCENT BREWER, complainant in this

case, was the subject of a CIR-Embezzlement case (1973),

the allegations of which were found to be unsupported

and which was declined by an AUSA, District of South

Dakota, in 1973.

For the information of the Bureau, this matter

received.

Therefore,

in initial interviews, signed, sworn

statements were not obtained.

In the near tuture when

additional details. are obtained and previous to interviews

of the subjects,

the USA, District of South Dakota, will

be contacted and his prosecutive opinion sought.

LEADS:

DENVER DIVISION

AT DENVER, COLORADO

1 - Will, through the Bureau of Indian AIfairs (BIA)

Disbursements Center, attempt to locate Pine Ridge Indian

Reservation payments to Lakota Sand and Gravel Company for

the period June,

Tickeupporting documents are the same bills

(Delivery

as paid by the Indian Action Team (IAT),

(COVER PAGE)

NW 68262 Docld:32989685 Page 82

---

## Page 83

MP 70-9027

Pine Ridge, South Dakota (See list of delivery ticket

numbers on pages 4, 5 and 6).

(See page 6).

MINNEAPOLIS DIVISION

AT HOI SPRINGS, SOUTH DAKOTA

1 - Will, through MERLE JOHNSON, HiLLS MateriaL

company, attempt to determine whether

a book of Hills Material

Company Delivery Tickets was stolen from the Company and if

so, will obtain the delivery ticket numbers.

which specifies tribal

from other tribal businesses.

Cx

(COVER PAGE)

NW 68262 Docld:32989685 Page 83

....-

---

## Page 84

FD-204 (Rev. 3-3-59)

UNI!

O STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

Copyto: 1 - UNITED STATES ATTORNEY, SIOUX FALLS, SOUTH DAKOTA

Report of: SA RONALD E. BRUGGER

Date:

September 6, 1974

Field Office File #: MP 70-9027

Office: MINNEAPOLIS

Bureau File #:

Title:

RICHARD WILSON, SR.,

TRIBAL PRESIDENT

OGLALA SIOUX INDIAN TRIBE,

PINE RIDGE, SOUTH DAKOTA;

JAMES WILSON,

Severs

DIRECTOR, TRIBAL PLANNING CENTER,

OGLALA SIOUX INDIAN TRIBE,

PINE RIDGE, SOUTH DAKOTA;

RICHARD WILSON, JR.,

OWNER, LAKOTA SAND AND GRAVEL COMPANY

RIDGE, SOUTH DAKOTA

Character: CRIME ON AN INDIAN RESERVATION - EMBEZZLEMENT OF TRIBAL

FUNDS; FRAUD AGAINST THE GOVERNMENT

Synopsis:

A former employee of the Indian Action Team (IAT),

vocational training program located on the Pine Ridge

Indian Reservation, South Dakota,

alleged a company he

believed was controlled by RICHARD WILSON, SR., Oglala

Sioux Iribal tresident,

was charging both IAT

and BIA

the gravel.

paid $10,000 for leveling two industrial lots in Pine

Ridge, South Dakota, and WILSON was paid a kickback of

$65,000 fox a street repair contract.

An Oglala Sioux

Iribal Councilman also alleged WILSON intercepted

$650,000 destined for a street improvement program and

deposited the money in a Gordon, Nebraska, bank.

Inves-

tigation regarding the alleged gravel fraud continuing.

Investigation disclosed the company used at least one

government trailer without proper authorization and with

WILSON's knowledge. Investigation failed to support the

allegations regarding the payments of 910,000, 505,000

and $650,000.

-P-

DETAILS:

This document contains neither recommendations nor conclusions of the FBI. It is the property of the FBI and is loaned to your agency; it and its contents

are not to be distributed outside your agency.

U.S. GOVERNMENT

PRINTING OFFICE: 1970

0-406-870

NW 68262 Docld:32989685 Page 84

---

## Page 85

MP 70-9027

Investigation in this matter was predicated

upon information received July o, 1914, trom

Iribal Councilman, Oglala Sioux Indian

VINCENT ine Ridge, South Dakota, who advised his son,

BREWER, possessed knowledge regarding RICHARD

WILSON, SR., Tribal President, Oglala Sioux Indian

Tribe,

possible embezzlement of tribal funds.

BREWER advised his son possessed documents to support :

an allegation WILSON was involved in a fraud involving

purchase of gravel. BREWER added he was recently told

the U. S. Government receltly funded $650,000 for

South Dakota, but

2

NW 68262 Docld:32989685 Page 85

---

## Page 86

FEDERAL BUREAU OF INVESTIGATIC

9/4/74

Interyiewed on...

Dote of transcriplion--

BRYAN BREWER, Teachers Corp. Intern, telephone

number 867-5191, was interviewed at the Oglala Community

school, at which time he provided the following information:

He resides in a white trailer home on the left

hand side of route 18 approximately four miles east of Pine

Ridge, South Dakota. His date of birth is February 4, 1947.

He held the position of ProgIam Director, Indian

Action Team (IAI) from August 1, 1973, until he resigned

on July 12, 1974.

Last year he realized approximately $110, 000.00

Of IAI funds was budgeted but probably would not be used. "

In January, 1974, he conferred with the Bureau of Indian

Affairs (BIA) Technical Assistance Center in Denver,

Colorado, regarding his desire to establish a Cement Batch

Plant run by the tribe. BIA approved the project based upon

a subsequent approval by the Oglala Sioux Tribal Council.

In the same month the Tribal Council approved the project

and passed a resolution to that

effect.

In approximately February, 1974, he mentionea

to DICK WILSON, Oglala Sioux Tribal

President, he had sent

JOE BLUE HORSE tO Denver, Colorado, to purchase a truck

for the Cement Batch Plant. WILSON "ordered " him to

recall

• BLUE. HORSE and not to purchase a truck as he

(WILSON) was buying a truck and the Cement Batch Plant

was to buy all gravel from him (WILSCN). The gravel, he

noted, was a crushed limestone.

He hired IKE BETTELYCUN to operate the Batch

Plant. WIISON's men, under the name Lakota Sand and GIvel

Company (Lakota), oned by RICHARD (MANNIE) WILSON, JR.,

DICK WILSON's son, began to haul the gravel. He noted

• 8/26/74

pine Riäge, South Dakota

MP 70-9027

_ol_

_File #

SA RONALD E. BRUGGER/REB/pms

8/30/74

by-.

_Dole dictated_

3

• his ducument contoins rilher recommendolions nos conclusions ol lhe FBl, li is lhe properly of lhe FBl and is loaned lo your oguncy:

it

and

i's

contarts are

no! lo be distribuied ouiside your ogency,

NW 68262 Docld:32989685 Page 86

---

## Page 87

MP

2

70-9027

WILSON, previous to this, had the Oglala Sioux Tribal

councis pass a resolution stating all tribal businesses

must purchase materials from other tribal businesses, if

available.

However, he personally observed on many occasions

Lakota using a Government trailer and a Government truck

to haul the gravel.

He knew they were Government vehicles

as the vehicles had Government license plates. He also

knew the delivery was to the Batch plant, not a BIA project

inasmuch as the vehicles were observed by him dolivering

_gravel

to the Batch Plant gravel pit. STANLEY WALKER,

Superintendent, BIA Roads Department, authorized IAT to

utilized Government vehicles not in use, he was not sure

if Lakota was authorized to use the vehicles.

He kept copies of 69 delivery tickets which

were submittea to him by DICK WILSON, JR., OF DICK WILSON,

SR., While he was with IAT. The delivery tickets represent

gravel obtained from Hills Material Company, Hot Springs,

south Dakota, by Lakota and all were dated June, 1974.

IAT' paid these and subsequent bills. The total

amount for

the 69 deliveries was approximately $3,450.00. The invoice

nunbars of the 69 delivery tickets were as follows:

868

875

1049

1059

1067

illegible

1078

1088

..1116

1117

113.8

1119

11.35

1139

4

=

NW 68262 Docld:32989685 Page-87 .

---

## Page 88

MP

3

70-9027

].

1157

1180

1184

1189

11.98

1207

1226

1230

1233

1237

{238

1239

1248

1249

1283

1300

1307

1315

18772

19033

19048

19051

19061

19067

19149

19172

19190

19216

19261

19282

19302

19311

19316

19350

19354

19366

19377

19388

19391

19392

19403

19404

19416

NW 68262 Docld:32989685 Page 88

5

---

## Page 89

MP

4

70-9027

19419

19428

19438

19445

19453

19457

19476

19488

19501

1.9512

19527

19565

The payment to Hills Material Company was for the

cost of gravel. Lakota also charged IAT for the gravel,

$2.00 a ton, and for delivery, $5.00 a ton, on the instructions

OF DICK WILSON, SR.

These bills were presented to FLOYD (BILL)PULLIUM

who paid them with an IAT check." The checks were payable

to Hills Material Company and Lakota.

In early july, 1974, he was talking to LEWIS PRYOR,

Plant Manager, BIA, Pine Riage, South Dakota, who told him

BIA was also paying Lakota for gravel. He surmised the

payment by BIA was for the same gravel. IAT paid for as there

were no other projects he knew of at that time requiring

gravel.

He heard in July, 1974, source not recalled,

BILI, CUNY paid DICK WILSON OF Lakota $10, 000.00 for leveling Ive

industrial lots for the Cement Batch Plant when neither

WILSONnOr Lakota actually did the work. The leveling was

completed in May, 1974, by IAT.

6

:.

NW 68262 Docld:32989685 Page 89

---

## Page 90

MP

5

70-9027

He also heard from JACK WATERS, date not recalled,

that JIM WILSON told DICK WIISON "we" received $65, 000.00 for th

street improvement contract. WATERS was then

a heavy

equipment operator for IAT.

He knew nothing of DICK WILSON using Tribal funds

for his personal use through deposits in a bank in Gordon,

Nebraska.

7

NW 68262 Docid:32989685 Page 90

---

## Page 91

FD-302 (REV. 11-27-70)

• FEDERAL BUREAU OF INVESTIGATION

Dole of Iranscription.

August 5, 197=

FLOYD E. TAYLOR, Representative, Economic Development

Administration (EDA), Department of Commerce, Pierre,

South Dakota,

was telephonically contacted at (605) 224-1238, at which time he

provided the following information:

Ine Ede recently approved a grant of 5010,000 to the

glala Sioux Indian Tribe for street improvements at Pine Ridge,

South Dakota. The improvements consist of curb and gutter

construction

as well as the paving of streets.

however,

to date

no disbursements have been made by EDA. Disbursements will be made

• upon the receiving of final specifications and plans.

The firm which was awarded the contract as prime

South Dakota.

South Seko was Dakota Contracting, Inconted the lowest bid

and was approved based upon experience, capability and know how;

a performance bond was also required.

EDA is not aware of the sub-contractors employed by

Dakota Contracting, Inc., but Dakota Contracting, Inc., would award

sub-contracts to the lowest bidders inasmuch as

Dakota Contracting,

Inc., is a private concern with a profit motive in mind.

Contracting Inc., must absorb any excessive costs including those

from sub-contractors.

The Tribe was the applicant for the paving project.

When the project is completed the Tribe will be the sole owner,

operator and maintainer of the completed construction.

The funds

when disbursed will not be made directly to the Tribe

but will be

submitted to a bank in increments based upon the submission of

vouchers and receipts of work.

The monies when disbursed will be

deposited into a

special account"

the title of which will

spell out the road construction project in Pine Ridge, South Dakota.

No disbursements will bemade to an account in the name of the Tribe

or in the name of

"special accounts,en individual. Disbursements are purposely made to

as it is EDA policy not to mix those funds with

their Tribal funds.

interviewed on: 8/2/74

_o Pierre, South Dakota

_File #_ MP 70-9027

8

bY-SA RONALD E. BRUGGER/mjs.

_Date dictoted.

8/2/74

This document contoins neither recommendations

it and its contents ore not lo be distribuled oulside your agency.

NW 68262 Docld:32989685 Page 91

conclusions of the FBl. It is the property of the FBl and is loaned lo your agercy:

---

## Page 92

22 70-9027

The Tribe initiated the soliciting of bids through

the professional engineers

Dana, Larson and Roubal and Associates,

Fierre, South Dakota.

Although no EDA disbursements have been made to date

he believed interim financing was obtained by the Tribe through a

bank.

to begin the project following the approval of the initial

Interim financing is normally obtained

grant.

The interim financing account, if it does exist, would

also be a

special account"

, and would not exceed 25% of the grant.

These monies would be disbursed by the bank on the basis of receipts

and vouchers and would be audited by EDA at the end of the

project.

Interest expensa charged by the bank would be paid by EDA.

• .

9

NW 68262 Docld:32989685 Page 92

---

## Page 93

FEDERAL, BUREAU OF INVESTIGATION

Dare of transcription August 30, 1974

CLINT KAUFMAN, Dispatcher, Hills Material

Company,

Hot Springs, South Dakota,

was telephonically

contacted at 005-745-5206, at which time he provided the

following information:

DICK VILSON, Oglala Sioux Tribal President,

recently came to the Hills Material Company and subnitted

many Hills Material Company Delivery Tickets which

WILSON said were paid in error by the Tribes Indian

Action Team (IAT) • WILSON told Hills Material Company

officials, Lakota

Sand and Gravel Company should have

paid for the gravel as represented by the Delivery

Tickets, not IT and WILSON then paid the amount in

question.

He would estimate this incident happened

within the past one month.

He knew nothing of Hills Material Company

employee, MERLE JOHNSON's comment that a book of Delivery

Tickets

were stolen from Hills Material Company.

JOHNSON

was not at the office; he advised he will alert

JOHNSON

to expect a

telephone

call at 7:15 All (410T), 8:15 Aul (CDT).

Interviewed on

8/28/74

SA RONALD E. BRUGGER/jmf 10

Sious Falls, South Dakota

_File #

MP 70-9027

8/29/74

by_

_ Dale dictated

is document contoins neither recommendations nor conclusions of the FBl. ll is the property of the FBl and is loaned lo your ogenc

and its contents ore, not 1o be distributed outside your oganc

NW 68262 Docld:32989685 Page 93

---

## Page 94

MP 70-9027

attempts were made to

(MDI) and at various times during the day.

The line

was busy on all occasions.

• .

11

NW 68262 Docld:32989685 Page 94

---

## Page 95

FD-302 (REV. 11-27-70)

FEDERAL

BUREAU OF INVESTIGATION

9/3/74

Dote of tronscription.

Mrs. AGNES TYON, Management lechnician, lant

Management, was interviewed at her office located

at the

Bureau of Indian Affairs (BIA) Building, at which time

she provided the following information:

Checks for payments of goods and services used

by Plant Management are not issued from Plant Management.

Rather the approval is made by the Plant Manager for

payment and the bill is forwarded to Bureau of Indian

who in turn forwards

the paper to BIA, Albuquerque, New Mexico, and ultimately,

BIA,

Denver, Colorado. Denver actually issues the check.

The Plant Management Impressed Fund is normally

However, all payments

• .

Interviewed on_.

8/26/74

_ Pine Ridge, South Dakota_File #.

SA RONALD E. BRUGGER: 11 12

MP 70-9027

8/30/74

by _

Date dictaled.

This ducument contoins neilher recommendations nor conclusions of the FBI. ll is the property of the FBl and is loaned to your ogency:

it und is contents are. not lo be distributed oulside your agency.

NW 68262 Docld:32989685 Page 95

---

## Page 96

FD-392 TREV. T1-27-?0)

FEDERAL BUREAU OF INVESTIGATION

Dote of transcription August 30, 1974

JOE HORN CLOUD, Property and Supply Officer,

Bureau of Indian Affairs

(BIA), provided the following

information:

Government property, including vehicles and

trailers, being used by personnel other than BiA

nust have the approval of

the Superintendent of BIA.

He has received no such approval by the Super-

intendent regarding Lakota Sand and Gravel Company's

use of Government vehicles.

Interviewed on.

8/27/74

., Pine Ridge, South Dako ta

File # RIP 70-9023

. by.

SA RONALD E BRUGGER/jmf 13

_ Date dicloted

8/29/71

This cocument contains neither recommendations nor conclusions of the FBl. ll is the properly of the FBI and is looned lo your ogency:

it ons its continis are, not la be distribulad outside your agency.

NW 68262 Docld:32989685 Page 96

---

## Page 97

FD-302 (REV. 11-27-70)

FEDERAL BUREAU OF INVESTIGATION

Date of transcription.

August 30, 197-

ALBERT W. TREBLE,

Superintendent, Bureau of

indian Allairs (SIA), Pine Ridge Indian Reservation,

was interviewed in his office in the BIA Building at

which time he provided the following information:

He was recently told Lakota Sand & Gravel

company, which is operated by Dick WILSoN, Jr., son of

the tiDal resident, was using a Government taller

to haul gravel.

He immediately conferred with StILEY

WALKER,

Superintendent of the Roads Department,

BIA, who

admitted loaning the trailer to DICK WILSON, Tribal

President, for usage for what he (WALKER) thought was a

Tribal matter. "ALKER loaned the trailer without his

He informally mentioned the incident to Tribal

President WILSON one evening and WILSON acknowledged knowing

the trailer was being used but WILSON changed the subject

and it was not toclear in his (TRIMBLE's) mind how

WILSON was involved.

Inierviewed on

8/27/74

_Pine Ridge, South Dakota

MP 70-9027

by

SA RONALD E. BRUGGER/jmE 14

S/30/74

_Dole dictated.

his document contoins neither recommendations nor conclusions of the FBl. Il is the property of the FBl and is looned lo your agency

and ils contents are nos lo be distribuled oulside your agency.

NW 68262 Docld:32989685 Page 97

---

## Page 98

FEDERAL BUREAU OF INVESTIGAION

Dote of tronscription AuguSt 30, 197

WILLIAN CUNY, Directox, Economic Development

at the Sacred Heart Catholic Church, at which time ne

provided the following information:

He is a member of EDA and was formerly a member

of the Board of Directors of the Pine Ridge Reservation

Development Company. As a member of the latter, he was

in charge of drawing up plans for the Reservation's

Cement Batch

Plant

located in Pine Ridge, South Dakota.

He recalled two industrial lots being leveled

Oil In appostely day, 1974, for the Cement Batch Plant.

approve or even hear mention

10t5.

He added be knew of no payment to WILSON or any

member of WILSON's family for directing Tribal projects

to specific contractors.

Interviewed on 8/25/74

Pine Ridge, South Dakota

MP 70-9027

File #

by

SA RONALD E. BRUGGER/jmE 15

_Dole dictated.

8/28/74

Is do cum sol coins einor recommondations nor sonelusions of the F8l. iIs the properly of the fil and is boned to your ageney:

be distribuled oulside your ogency.

NW 68262 Docld:32989685 Page 98

---

## Page 99

FD-302 (REV. 11-27-70)

FEDERAL 'BUREAU OF INVESTIGATION

Date of transcription August 30, 1971

DEAN NESHINI, Secretary-Treasurer, Dakota

Contracting Corporation, was interviewed at his oftice

at 3101 Nest sist Street, at which time he provided the

following information:

Dakota Contracting Corporation (Dakota) recently

was low bidder for a street improvement project at Pine

Ridge,

South Dakota.

The program was funded by the

Economic Development Administration of the United States

Government.

The

adjusted contract price as of August 28,

1974, Was

3501, 863, 53.00.

The profit margin will be

approximately ten per cent.

Dakota has been working on the street project

for two months although no payment has yet been received.

Many subcontractors have been employed although Lakota

Sand & Gravel Company is not one. Daxota obtains its

Ready mix from the Tribes Indian Action Team Batch Cement

Plant and for a

cost identical to otber area commercial costs.

GLEN JANTGAARD is the President oi Dakota.

Dakota has no Vice President. Neither DICK WILSON,

Sious Tribal President,

nor

the WILSON family have

Oglala

had

any connections with Dakota.

No payment of any type

had been inade to any of the

"ILSONs for obtaining the

street improvement project.

• .

Interviewed on.

8/23/74

_ot

Sious Falls, South Dakota

MP 70-9027

_File #

SA RONALD E, BRUGGER/ jmf 16

8/29/74

by.-

_ Dote dictated.

This document contains neither recommendalions nor conclusions of the FBl. It is the properly of the FBl and is loaned to your ogency

i and its contents are 'nol lo be distribuled outside your agency

NW 68262 Docld:32989685 Page 99

---

## Page 100

FEDERAL BUREAU OF INVESTIGA

=I=V

Date of transcription_

August 30, 19

FRANK TOLSTEDT, Executive Vice President, Gordon

State Bank, provided the

following information:

He reviewed bank records but was unable to locate

an account for RICHARD WILSON, JAMES WILSON or Lakota

Sand & Gravel Company.

He advised he knew WILSON but

was not aware of WILSON's depositing large amounts of

money at his bank or any other bank in the area in recent

months. By depositing he was referring to deposits in

savings accounts, checking accounts and Certificates of

Deposit.

None of the above rent a safe deposit box.

The First National Bank, Gordon, Nebraska, is

the only other bank in the immediate Gordon area.

=.

• .

In'erviewed on

8/27/74

-al.

Gordon, Nebraska

SA RONALD E. BRUGGER/jmE

17

_File #

MP 70-9027

3/28/74

_Dole dictated.

This document contoins neither recommendations nor conclusions of the FBl. ll is the property of the FBI and is looned to your agency.

it and ils

contents

are not lo be

distribuled outsise your ogency.

NW 68262 Docld:32989685 Page 100

---

## Page 101

FD•302 (PEV. 11-27-70)

FEDERAL BUREAU OF INVESTIGATION

Dole of transcripion AUgust 30, 1974

BOB CONNEALY, Executive Vice President,

First National Bank, provided the following infornation:

He is the officer who services Oglala Sious

Tribe accounts and the personal accounts of RICHARD

"ILSON, Tribal President.

He was aware of a Tribal street improvement

grant in excess of $600, 000 which was recently approved

oy the United States Government. However.

the grant

sas not yet been received nor has the Tribe obtained

a loan based upon the grant.

He knew of no recent deposits by RICHARD WILSON,

JAMES WILSON or Lakota Sand & Gravel Company.

deposits he includes deposits into savings accounts,

checking accounts and Certificates of Deposit.

None of

the above rent a safe deposit box.

• .

Interviewed

8/27/74

on.

Gordon, Nebraska

NP 70-9027

_File #

by -

SA RONALD E. BRUGGER/juf 18%

8/29/74

Dole dictated.

Thi documen cenains oiler ree diedalia shal you sign of the 8l, Il is the proporly of the fil and is loaned in your agoney:

NW 68262 Docld:32989685 Page 101

---

## Page 102

5200

130

"..

FD-253 (Rev. 1-7-721

FEDERAL BUREAU OF INVESTIGATION

REPORTING OFFICE

MINNEA POLIS

TITLE OF CASE

OFFICE OF ORIGIN

MINNEA POLIS

DATE

. 4/11/73

REPORT MADE BY

INVESTIGATIVE PERIOD

4/3 - 8/73

TYPED BY

RICHARD WILSON

SA MAURICE E. PEARSON

CHARACTER OF CASE

SmO

CIR - FRAUD (DIVERSION OF OEO FUNDS)

REFERENCES:

Minneapolis nitel to Albuquerque,

4/3/73.

Minneapolis airtel to Bureau 4/8/73.

-P-

LEADS

ALBUQUERQUE

interview Of JARQuEUELSON MEXICO. WIll report results of

MINNEAPOLIS

AT VERNILLION, MINNESOTA. Will report results of

interview of FRANCIS KILLER.

AT PINE RIDGE, SOUTH DAKOTA. Interview LOUIS TYON, #39

Crazy Horse Housing,

for information he can furnish in this matter.

ACCOMPLISHMENTS CLAIMED

-ACQUIT-

CONVIC.

FUG.

FINES

SAVINGS

RECOVERIES

CASE HAS BEEN:

TALS

•ENDING OVER ONE YEAR DYES IN

PENDING PROSECUTIOI

OVER SIX MONTHS

APPROVED

CORI

SIMADE:

Bureau

USA,

Minneapolis

-

USA,

Pine Ridge

Albuquerque

-

WFO

DECIAL AGENT

IN CHARGE

DO NOT WRITE IN SPACES BELOW

4

REG-73

1

3

18 E

APR 1'8 1973

• Minneapolis (70-6992)

525315133

i

Agency

Request Reco.

Date twd.

Now Fwd.

Dissemination Record of Attached Report

LOEO,

enteñao DAG((rim)-

JJS

4. 30-.

Att: Röbert Asbough

NW 68262 Docid:32989685 Page 102

R3142. 15599751773

Notations

SIX

DATA

---

## Page 103

MP 70-6992

2. Interview IVAN BETTELYOUN, Oglala Sioux

Tribal Fiscal Manager for information he can furnish in

this matter.

3. Interview EMNA T. NELSON, Bureau of Indian

AItaIrs Treasurer, for intormation in this matter.

ADMINISTRATIVE

L deleted?

There wan nothing'

in thi pre

deleted 302 pog. e

-

B

NW 68262 Docld:32989685

Page 103

---

## Page 104

• F0-302 (PEV. 11-27-70)

FEDERAL BUREAU OF INVESTIGATION

Date of transcriplion _

April 10, 1973

ROBERT 1. ISUAII, President, First National Bank,

Gordon, Nebraska, provided

the following information:

The First National Bank handles numerous checking

accounts for various Office of Economic Opportunity (OEO)

programs; however; the First National Bank does not handle

the account for the Program Planning Office of 0E0.

This information should be considered obtained from

a contidential

source and should not be made public without the

issuance of a

subpoena duces tecum directed to ROBERT W. ISHAM,

President, First National Bank, Gordon, Nebraska.

deleted

are q. not 04. 4/7/73

—_a Gordon, Nebraska

_File # MP 70-6992

4/10/73

awa-

-----

___Dato dictaled.

-C*

last numers, noi, rother tu amoniations nor conclusiors of the 53l.ll is the property of the FEl and is looned lo your agency:

" lo isle peein your agency.

NW 68262 Docld:32989685 Page 104

---

## Page 105

• FD: 204 (Rev. 3-3-59)

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

Copy to:

Report of:

Date:

Field Office File #:

Title:

1 - USA, Minneapolis

1 - USA, Pine Ridge •

SA MAURICE E. PEARSON

4/11/73

70-6992

RICHARD WILSON

Office:

Minneapolis

Bureau File #:

Character:

Synopsis:

CRIME ON AN INDIAN RESERVATION - FRAUD

(DIVERSION OF OFFICE OF ECONOMIC

Investigation to date has failed to determine that

subject has diverted monies from the Program Planning

Office Account of the Office of Economic Opportunity.

-P-

DETAILS:

This investigation is predicated upon an

allegation by PEDRO BISSONETTE, American Indian

Movement (AIM) leader inside the occupied Village of

Wounded Knee, South Dakota, that RICHARD WILSON had

diverted the sum of $10,000 from the Program Planning

Office Account of the Office of Economic Opportunity

(OdO), to his brother, JIM WILSON as some type of

consulting fee. JIM WILSON supposedly has never

performed

This document contains neither recommendations nor conclusions, of the FBI. Il is the property of the FBI and is loaned to your agency; it and its contents

NW 68262°D6dld.92989685sPage 105cy.

---

## Page 106

FD-302 REV / 121-701

FEDERAL BUREAU OF INVESTIGATION

4/3/73

Dole of Ironscriplion_

GERALD ONE FEATHER, Oglala Stoux Tribal Chief

prior to RICHARD WILSON, BOX

298, Oglala, South Dakota

(telephone 867-5327), provided the following information:

Since RICHARD WILSON became president of the

Oglala Sious Tribe in January, 1972, ONE FEATHER has been

working with

both the American Indian Movement (AIM) and the

Oglala Sioux Tribal Council In an effort to improve the criminal

justice system and the financial status of the Oglala Sour

Tribe on the Pine Ridge Reservation.

ONE FLATHER Suspects Chairman WILSON of many

wrongdoings since becoming chief of the Oglala Stow Tribe,

but he has no direct proof or evidence which could be used

against WIlsON in a cow't of law.

Sinca WILSON became

president, he has suspended and fired many competent

paople who were associated with the Tribal Council because

these people

would not cooperate with WILSON in carrying

out various "deal" which WILSON was trying to do.

WILSON suspended the Office of Economic Opportunity

(OBO) Headstart Director HATTIE TWISS, because she would not

cooperate wi.th

WILSON concerning the payment of approainately

ten to fifteen thousand dollars to WISOn's brother, dable

J. WILoON, tor some type oi consulting tees he received

through the Headstart program. IWISS can be located at the

hospital in Gordon, Nebraska.

Since WILSON took ofiice in January, 1972, the

books and records for the Oglala Sioux Tribe have not been

audited and according to several mambers of the Tribal

Council, the records which are currontly being kept are

very inadequato.

During the ONE FEATHER administration, the

accounting firm of Thorstenson and Sayler in Rapid City

was responsible for auditing the books and records of the

Interviewed on

to do monthly accounting work for the Tribe. KIllfhis contract

with the Tribo oxpired in October, 1972, and WILSON would not

renew hts contract:

4/2/73

Oglala, South Dakota

MP 70-6992

_File #

SA MAURICE E. PEARSON / SMO

4/3/73

11--

Dale diclaled.

2

This incumen: contains mither recommendations des

conclusions of the FBl. It is lhe properly of the FBl and is looned lo your agency;

in and ils sontents are not te be distributed outside your agency.

NW 68262 Docld:32989685 Page 106

---

## Page 107

• -

2

MP 70-6992

The General Accounting Office (GAO) recently

conducted an audit of the Oglala Sioux Tribe records.

The results and findings of this audit were to be

reported

to Senator HENRY JACKSON of Washington State

on April 2, 1973, in Washington, D.C. JACKSON 1s

Chairman of the Senate Indian Affairs Committee.

IVAN BETTELYOUN, who was the Oglala Sioux

Tribal fiscal Manager until his resignation in December,

1972, can furnish information to the FBI as to WILSON's

nandling of financial matters of the Iribe. BElTeLYOUN

resigned because he did not agree with WILSON's handling

o1 financial

matters and as a result of this, he and

WILSON could not get along with each other.

BETTELY OUN

resides outside of Oglala, South Dakota, in a silver

trailer house located two

miles south of ONE FEATHER's

residence.

ONE FEATHER advised that if he can be of further

assistance to the FBI, he will be more than willing to

cooperate.

. 3

NW 68262 Docld:32989685 Page 107

---

## Page 108

• FD-302 198V 11-21-70)

FEDERAL BUREAU OF INVESTIGATION

4/4/73

Dale of Iranscription_

HATTIE TWISS, Rocky Fort Route, Porcupine, South

Jakota, was interviewed at the Gordon menorial Hospital,

Gordon, Nebraska and provided the jollowing intormation:

She was Director for the Office of Economic

Opportunity (OBO) Headstart Program until October, 1972,

at which time she resigned because of wrongdoings on the

part o1 RICHARD WILSON, President of the Oglala Sioux Tribe

(OST) .

WILSON was trying to get access to the Headstart

funds which she controlled but she would not allow him

access to the funds.

During the first part of October, 1972, she

became ill and had to go into the hospital

for a week. When

She returned to work she discovered that WILSON had drawn

$14,000 Irom the Headstart account. There was no allowance

IOT

this withdrawal at the Headstart project and WILSON

would not account for what the $14,000 was spent for. The

check that was written for the $14,000 bore HATTIE TWISS'

signature,

but she did not sign the check.

At this point,

she was led up with the way WILSON was operating and

barrassing her, so she turned in her resignation.

She could furnish no details concerning the payment

os $10,000 to $15,000 to WILSON's brother, JAMDS WILSON;

however, FRANCIS KILLER Of Vermillion, South Dakota has

the dtails surrounding this payment.

KILLER waS the

accountant for the OST at the time this disbursement was

supposedly made to WILSON's brother.

There has been much wrongdoing on the part of

DICK WILSON SInce he took office in April, 1972. He has

continuously attempted to gain control of the various OrO

funds, and used these funds for purposes which would not

benefit the sioux people.

DAVE LONG, vice president of the OST, can furnish

additional Iniormation concerning wrongdoing on the part of

RICHARD WILSON.

4/3/73

Interviewed on,

SA MAURICE I.

_ 11l

Gordon, Nebraska

PEARSON/ mbw

NP 70 - 6992

_File #

4/3/73

_ Dale diculed

--7

This document contoins neither recommendalions nor conclusions of the FBI. Il is the properly of the fel and is looned lo your sgency:

il and its

contents

are

not do be distributed outale yourogancy.

NW 68262 Docld:32989685 Page 108

---

## Page 109

2

MP 70- 6992

TWISS advised that she will be willing to

testily in this natter as WILSON 18 charged with the

embezzling of funds from OST.

5

-

NW 68262 Docld:32989685. Page 109

---

## Page 110

FD-302 iREV. 11.27-70)

FEDERAL BUREAU OF INVESTIGATION

Dale of transcription.

4/6/73

A.C. THORSTINSON, Certified Public Accountant (CPA),

and LEROY B. CATIL, CPA, partners in the firm of Sayler,

thorstenson and Company, Certified Public Accountants,

810 Quincy Street, Rapid City (telephone 342-5630),

provided the following information:

and Company provide for the Oglala Sioux Tribe

are yearly audits of the following OST spectal programs:

Revolving Crodit Fund - this fund borbows

money from the Bureau of Indian Alfairs (BIA) and re-loans

this money to various tribal anterprises and indivduals;

2. Short Term Loan Program - this fund makes

small loans, usually less than $250, to individuals of

the OST;

3. Land Acquisition Interprise • this fund

purchases land within the bouidaries of the Pine Ridge

Reservation.

The last audit conducted on the aforementioned-

thros funds was 1n June, 1972. The findings of all prior

audits of these funds has always resulted in either a

qualified or a disclalmer of opinion for the audit.

The

primary reason that all the audits have been qualifled

and/or disclaimer

opinions is because of the

tardiness

of the recordkeeping of the above-three funds.

capacity, the auditing standards and procedures which have

been utilizod would have uncovered any misappropriation,

Iraud or embezzionent which might have been taking place

in thase funds.

OST Chairman DICK HILSON has no control or for

that matter any influence over the above funds and because

of the nature of these funds and the checks and balances

which are placed upon these tunds, it is not likely that

any irregularities wight occur in

these funds.

inigerrewed on.

4/4/73

_ Rapid City, South Dakota

_ File #

MP 60-6992

SA MAURICI I. PEARSON / SMO

_Vo'e dicloled

4/5/73

6

uturo dandono do dono de dn de artriters age resciados at lhe Mal. de se lhe property ol the fei and is locred to your aguner.

NW 68262 Docid:32989685 Page 110

estreais redigelo you: aguncy.

---

## Page 111

MP 70-6992

Sayler, Thorstenson and Company does not audit the

General OSt Records, only the three aforementioned funds.

Sayler, Thorstenson and Company does the

accounting and

tax work for JErry GLaze.

GLAZE WOrkS

for the Dakota Leasing Company and Lakes

Developing

Company in the capacity of salesman.

He also

subcontracts construction projects through these two

companies.

THORSTENSON has known GLAZE for 22 years and

has done GLAZE's accounting and tax work for the same

period of time. GLAZE 1s in no position financially to give

DICK WILSON

any money to help him win the election as

President of the ost.

THORSTENSON stated that in GLAZE's

curcent financial position, it would be impossible for

him to give WILSON $10,000

to help finance a political

campaign. GLAZE enjoys

an honest and reputable

reputation in the Rapid City community.

GLAZE 1s a long-time

personal friend of DICK

WILSON and has done some work for WILSON since he (WILSON)

took office

but GLAZE's income has not seen a marked

increase since WILSON took office.

THORSTENSON advised that he will contact GLAZE

and advise him that as his accountant, he wishes to make

available all tax returns and accounting records of

GLAZE to the Federal Bureau of Investigation.

THORSTENSON is willing to cooperate in any

way with the Federal Bureau of Investigation in this

matter.

7

NW 68262 Docld:32989685 Page 111

--

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## Page 112

90-302 REV. 11-27-701

FEDERAL BUREAU OF INVESTIGATION

Vale of transcription April 10, 1973

GEORGE WILSO!, brother of Tribal Chairman DICK WILSON,

Post Office Box 33, Unireclay, Nebraska, furnished the following

information:

He does not know anything concerning his brother, JiM

MILSOil, receiving

$10,000 or $15,000 as

consulting fee for work

performed for the Oglala Sioux Iribe.

If JIt had actually received this money, he would

krobably have Inowledge of it as he and JIll are very close and

in constant communication.

from Albuquerque, Nei lexico,

JIN WILSOIl is en route to Pine Ridge Pine Ridge on

_South Dakota,

should be in

April 7,. 1973

upon arrivai in line ridge.

He will have his brother, JIM, contact the fBl

014-W1-1 0r

417/73

NeSia MAURICE E. PEARSO and

Pine Ridge, South Dakot@ile#

IIP 70-6992

-...

_ Date diclaleó.

8

4/10/73

"Is documen ceome mother ecommendeton me conclesions of the FRl. It is the property of the FBl ond is locned to your egency

NW 68262 •Doeld:32989685 Pagel 912u pour ngency.

---

## Page 113

MP 70-6992

The following investigation was conducted by the

Washington Field Office

at Washington, D.C.:

•, advised GAO recently completed two

projects involving the Oglala Sioux Tribe (OST) at

the Pine Ridge Reservation.

The first project involved the transfer of land

on the Pine Ridge Reservation and was completed on

February 7, 1973, and is a restricted report per the order

of Senator HENRY

JACKSON of Washington State, Chairman of the

American Indian Affairs Committee.

The second project concerns allegations made to the

Senate Committee regarding misuse of Federal funds on the

Pine Pidge Reservation.

RATHER stated field work on this

project is currently being prepared and upon completion,

will be forwarded to Senator JACKSON's committee and this

report is also restricted.

RATHER anticipates to testify before Senator

JACKSON's committee regarding the aforementioned projects

in the next few weeks and any release

of these projects

would have to come from Senator JACKSON.

- -

NEW 68262 Docld:32989685 Page 113

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## Page 114

273-10040

NW 68262 Docld:32989685 Page 114

---

## Page 115

9/18/75 Request - HSC

RE DICK WILSON

ACCESS

Revreved

NW 68262

Docld:32989685

Page 115

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## Page 116

OCLALA SIOUS LEISU

PINE RIDGE,

OUTH DAKOTA 57770

TELE DONE 605/867-5821

PRESIDEN CICA MISDI

DAVE SONG

ECDETARY, YOSY ENRE SELL

Dition of Dich Wilson, Presidi

LE"ALLE: LESSERT LEOPLE 40222

Karch 19: 1973

Marvin Franidin

Anantant Sceretry O. Interior

Mashington, D.D,

Tood Fsrrington

I. S. Asaistant Attorney Soneral .

Washington, D.G.

Dear Sira:

The Interdor Depariment and the Departant of Justlos sro filly arero Di

lach thes no estra dente of energency bow errete on tue Fine Ridis Ibdion.

Reservasion,

lunarose meetings have been haid tith the mambers of the militant alm

organ amen, nou holdang the home Toe can by ate toice, and 18 18 01

1amn belles that my firthsr teetinga will serve no juat purposes, It la

evident that the term "good faith" is totally minova to thia militant groupe

Each dey that paasen, therein thas invue so stalemated, orcated additional

unmue hareships for nore and more of ou Oglale Sions Esmilies.

Lae entire

financial, abructure ot the tribe la thrantoned by thia contimed stalemata.

For soveral reeks now wa have been told by the loparent of Justace that

thoy wre tas lar enforcement ageney, however, man militant group sobees

the good faith intentions ds all agencies inolved, uniug negotiationa sa a

rude to delay, and stalemate the occupation issue

They contimus to sain

In arood foroe while herdando problens arong our people inerenos and the Bribe

is faced with financial disaster.

We can no longar condone the attitude orthe lapartment ot Justdoe or the taot

that they do not wich to tarnich their image in the eyes of the american pabilo.

by wang antossary fore in bringing the Hounded Knes situation to an end.

It soros that the Deparmant of Justice had ilneed itabli in an erbroosing

position and have boon e siotin to the deltring tactics of this lianst

arony at the espadas of the Oslade Saows people and the Oslala siouE Pido.

NW 68262 Dopld/32989685 Page 116

7.

- 358

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## Page 117

273-10040

---

## Page 118

Pago ?

Mi. Harrinston and ki. Frenzlin

Karch 19, 1973

We now request, indiot, and demand, that the Deparment of Juation rovert

and bring to an end this cival disorder and state of emergenoy esused by tie

oscupation of the Wounded Knee aite by this militant and seditioue pap

ultinstma have been paven, and not renpocied, and no turter ultutatin,

shed ba made. He deman

thet the babartent at quatice contes thet PrODI

Fole ana dot da & lau enforcement rgency to tho beet Interest ot the menbere

of this Ozlala Slous Triber

Sincerair,

Gianiten

ACTual sen

Fresident

Oglala SlouE Triba

Sacretary

SD.

OglaLa BIGUE TZAbE

+ 144666-00

Entz Is/Nolcon, Breamror

Oglala Souz triba

141/190

NW 68262 Docld:32989685 Page 11₴/

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## Page 119

F'D-263 (Rev. 12-:

NT.

FEDERAL SUREAU OF INVESTIGATION

REPORTING OFFICE

MINNEAPOLIS

TITLE OF CASE

OFFICE OF ORIGIN

MINNEAPOLIS

ROBERT J. MOUSSEAU;

RICHARD A. WILSON

DATE

11/7/69

INVESTIGATIVE PERIOD

10/3/69 - 11/5/69

REPORT MADE BY

DONALD M. WOODRING

CHARACTER OF CASE

TYPED EY

rfs

EMBEZZLEMENT OF INDIAN PROPERTY

-P-

LEAD

MINNE APOLIS

AT SIOUX FALLS, SOUTH DAKOTA

Will follow and report prosecutive

REQ. REC'D 12

Te-6

ANS.

202* 19

→•G.

-IS:

opinion of USA.

ANin

CONVIC

FUG.

ACCOMPLISHMENTS CLAIMED

FINES

SAVINGS

XI NONE

RECOVERIES

APPROVED

COPIES MADI

SPECIAL AGENT

IN CHARGE

2) - Bureau

1 - USA, Sioux Falls, South Dakota

2 - Minneapolis (70-5434)

Dissemination Record of Attached Report

Notations

Agency

Request Recd.

Date Fwd.

1/211/24

How Fwd.

By

Diu/ 14

NW 6826₴

8o01234989661 9696 119

16/61

COVER PAGE

000

ACQUIT-

TALS

CASE HAS BEEN:

PENDING OVER ONE YEAR EYES SINO

PENDING PROSECUTION

OVER SIX MONTHS

YES IXiNO

DO NOT WRITE IN SPACES BELOW

5115

50775:2566

REG 56

NOV 10 1969

LET INDIANETS StEI

ASEC

it's a

aPO

---

## Page 120

FD-204 (Rev. 3-3-59)

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

Copy to:

Report of:

Date:

Field Office File #:

Title:

1 - USA, Sioux Falls, South Dakota

DONALD M. WOODRING

November 7, 1969

70-5434

ROBERT J. MOUSSEAU;

RICHARD A. WILSON

Ofice: Minneapolis, Minnesota

Bureau File #:

Character:

Synopsis:

EMBEZZLEMENT OF INDIAN PROPERTY

On 10/3/69 telephonic complaint was received from

Agency Special Officer, Pine Ridge, S.D., in which

allegations were made that MOUSSEAU had embezzled and

misapplied tribal funds.

of the paid checks, bank statements, checkbook stubs,

and other available records.

It was determined MOUSSEAU

as Director of Sun Dance, had received $8000 from the

tribe. After the event there was a balance remaining in

the account of $19.62. There were $689.14 in outstanding

checks and $1,035.23 in unpaid bills.

MOUSSEAU had

received $742 as reimbursement for his expenses, which

canriot be supported by documentary evidence.

MOUSS EAU

also purchased with sun Dance funds tires for his personal

auto for $101.12 and linoleum for the floor in the house

he rents from

the tribe for $47.42. Tribal authority

was granted to JACK StElle to run a rodeo in connection

with the Sun Dance. MOUSSEAU and RICHARD A. WILSON formed

a committee to run the rodeo, refused to allow STEELE to

participate, and used the rodeo stock of a second indivi-

dual, paying $1,114.74 to him, all without tribal authority.

MOUSSEAU

$1600 of Sun Dance money to the

rodeo account without tribal authorization.

The balance

in the rodeo account at date of examination was zero, with

12 checks unaccounted for. MOUSSEAU received $127 from

this account as reimbursement for expenses which cannot

be supported by documentary evidence.

-P-

---

## Page 121

MP 70-5434

TABLE

O E

CONTENTS

Predication . ..

Background of Complaint:

Interview - Agency Special Officer LAWRENCE J.

GLOVER (NA)

Interview - THEODORE FIBBiTIS;

5th member of

Executive Committee

Interview - ENOS POOR BEAR, President, Oglala

Sioux Tribe

Interview - WALiACE LiTilE FINGER, Treasurer of

Oglala Sioux Tribe •

Conference with BRICE LAY,

Ridge Indian Reservation

Superintendent,

Pine

Items of Offense:

Item l. Purchase of tires for personal

autonobile . . ...

Item 2. Purchase of linoleum for installation.

in house rented from tribe ...

Item 3. Check for $250.00, noted for operating

expenses and advertising.... .......

Item 4. Check for $85.00, noted for technical

assistance . ....

. ...

Item 6. Payment of $1,147.74 to MELVIN "JACK"'

POURIER for use of rodeo

stock . ...

2 -

NW 68262 Docld:32989685 Page 121

Page

5

7

9

10

12

13

14

15

15

17

---

## Page 122

MP 70-5434

----

Examination of Records:

Examination of tribal records by Special Agent.

DONALD M. WOODRING . . . . . ...

Examination of Minutes and Operating Procedures

by Special Agent DONALD M. WOODRING

.

Examination of brown plastic briefcase by

Special Agent DONALD M. WOODRING •

OgLala Sioux Sun Dance, Source and Disposition

of Funds, 5/1/69 - 9/29/69 .

Oglala Sioux Sun Dance,

Sunmary of Amounts

Received by ROBERT J. MOUSSEAU and

OLETHA MOUSSEAU. • .

Oglala Sioux Sun Dance,

Summary of Amounts

Received by PAUL APPLE

Oglala Sioux Stampede, Source and Disposition

of Funds, 7/19/69 - 9/11/69

.

Oglala Sioux Stampede, Items "attained" by

ROBERT J. MOUSSEAU •

Oglala Sioux Sun Dance:

Interview - ROBERT J. MOUSSEAU

Interview - OLETHA MOUSSEAU.

Interview - PAUL APPLE .

Interview - GUS NEMITZ

Interview - CHARLES HINN

Interview - WALLACE LITTLE FINGER

Interview - ROBERT IRON CLOUD

Interyiew - BILL HORN CLOUD

.

Interview - EDGAR RED CLOUD

Interview - CHARLIE RED CLOUD

NW 68262 Docld:32989685 Page 122

.

18

21

23

25

.27

29

30

32

33

37

39

41

42

43

44

45

46

47

---

## Page 123

MP 70-5434

Oglala Sioux Stampede:

Interview - RICHARD A. WILSON

Interview - JACK STEELE • • •

Intervier - MELVIN (JACK) POURIER

Interview

- LLOYD TWISS

Interview - JERRY GLAZE

NW 68262 Docld:32989685 Page 123

4

51

53

---

## Page 124

MP 70-5434

This investigation was predicated upon receipt of

a telephonic complaint from LAWRENCE S PEr Eage, south

Special Officer, U.

S. Indian Service,

• 3, 1969.

NW 68262 Docld:32989685 Page 124

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## Page 125

FD-302 (Rev. 4-15-64)

FEDERAL BUREAU OF INVESTIGATION

Date

October 22, 1969

THEODORE "RED" TIBBITTS, Sth member of the Executive Committee

of the Oglala Sioux Tribe, on October 2, 1969, in which TIBBITTS

stated his suspicions that there has been an embezzlement of

tribal funds.

him as director of the Sun Dance. GLOVER provided xerox copies

of the following documents:

An undated petition wherein certain members of the

Treaty Council requesting the Pine Ridge Superintendent to produce

minutes and records of expenditures of tribal funds for the

Sun Dance;

The letter dated September 30, 1969, From BRICE LAY,

Superintendent, to the Tribal Court, presenting the petition to

said Court;

A copy of the Tribal Court Order, ordering the books

and records of the Sun Dance to be produced.

In addition, GLOVER provided paid checks and bank

statements of the Oglala Sioux Tribe Sun Dance for the period

September 5, 1968, through September 5, 1969, and paid checks and

bank statements for the Oglala Sioux Stampede for the period

July 21, 1969, through September 11, 1969.

These bank statements

and checks on

the above accounts were obtained by GLOVER from

THEODORE "RED' TIBBITTS

and WALLACE LITTLE FINGER, TIBBETTS and

LIHILE FINGER having stated they obtained same from Stockman's

National Bank, Rushville, Nebraska, where the accounts are

maintained.

GLOVER further stated both he and Superintendent BRICE

LAl are very desirous of obtaining a lederal prosecution in this

matter should a case be developed because ROBERT MOUSSEAU is a

well-known troublemaker and thiet and has caused many problems to

law enforcement on the Pine Ridge Reservation.

10/13/69

Pine Ridge, South Dakota

_ File#.

MP 70-5434

by_

SA DONALI M. WOODRING :rfs

Dote dictated

10/17/69

This document contains noither recommendations nor conclusions of the FBI. It is the proporsy of the FBI ond is loaned to your agency:

It and its contents are not to be distributed outside your agency.

NW 68262 Docld:32989685 Page 125

---

## Page 126

FD-302 (Rov. 4-15-64)

FEDERAL BUREAU OF INVESTIGATION

Date_

October 22, 1969

THEODORE "RED" TIBBITTS, Pine Ridge, South Dakota,

provided the following information:

He is the 5th member of the Executive Committee of the

Oglala Sioux Tribe, Pine Ridge Reservation. ROBERT MOUSSEAU was

appointed Director

of the Sun

Dance by the Tribal Council. The

Tribal Council had provided $5,000 operating expenses in its annual

budget to be used for the Sun Dance.

Approximately two - three

days prior to the staging of the Sun Dance, MOUSSEAU requested

an additional $3,000 From the Executive Board in order to pay

numerous outstanding bills. This request was denied.

Several days later he requested an amount believed to

be $400 from WALLACE LITTLE FINGER, Tribal Treasurer, so that the

gate men could make change. LITTLE FINGER gave this money to

MOUSSEAU •

A special meeting was held after the Sun Dance was

over

and the Tribal Committee approved the payment of an additional

$3,000 to MOUSSEAU for Sun Dance expenses.

Because of the request

for additional money, the Executive Board became suspicious of

the handling of the funds. In addition, other members of the

Tribe were also suspicious and petitioned the Reservation

Superintendent for an audit.

A Tribal Court Order was then served upon the Executive

Board to produce the records.

MOUSSEAU agreed to provide the

records, but subsequently called the Tribal counsel (attorney)

in Washington, D. C., and was advised to plead immunity.

TIBBIITS stated he and WALLACE LITTLE FINGER then went

to the Stockman's National Bank in Rushville, Nebraska, and

obtained the checks and bank statements for the Sun Dance and

the Stampede and gave these to Special Officer LARRY GLOVER.

TIBBITTS stated ENOS POOR BEAR, Chairman of the Tribal

Council, will have the minutes of the meetings outlining their

authorizations.

LITTLE FINGER will have records of expenditures.

10/13/69

On._

Pine Ridge, South Dakota

_ Filo #_

MP 70-5434

by_

SA DONALD M. WOODRING :rfs

Date dictated _

10/17/69

This documont contains neithor recommondations nor conclusions of the FBI. It is the property of the FBI and is loaned to your agency:

it and lis contents are not to bo distributod outside your agoncy.

NW 68262 Docld:32989685 Page 126

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## Page 127

MP 70-5434

-2-

----

TIBBITTS further related that this is the first

year the stampede or rodeo was to be held.

The Tribal Council

authorized JACK STEELE to run the rodeo and pay a percentage

of his profit to the tribe. STEELE is a part-time rodeo

promoter with no connection to ROBERT MOUSSEAU.

Certain of the

rodeo equipment was obtained with a lease-purchase agreement

through Dakota Leasing Equipment in Rapid City.

TIBBITTS further stated MOUSSEAU had obtained money

from Velma's Cafe, which was rented for August and September at

$75 per month, totaling $150. A receipt was issued.

This money

has never been received by the tribe.

MOUSSEAU stated he

placed the money in the Tribal Treasurer's Office at a time

when the safe was locked and there was no one present there.

:

NW 68262 Docld:32989685 Page 127

- 8

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## Page 128

FD-302 (Rov. 4-15-64)

FEDERAL BUREAU OF INVESTIGATION

Date October 24, 1969

ENOS POOR BEAR, President of the Tribal Council.

Oglala Sioux Tribe, Pine

Ridge, South Dakota, advised that

the Council had appointed ROBERT J. MOUSSEAU Sun Dance

Director and PAUL APPLE Assistant Director.

These two

individuals are responsible to the Council

for the operation

of the Sun Dance.

At the time the Sun Dance was run, "RED" TIBBITTS,

sth member of Council, WALLACE LITTLE FINGER, Treasurer, and

LLOYD EAGLE BULL, all

served on the Executive Committee. The

Council had appropriated the sum of $5,000 to run the Sun

Dance.

Prior to the operation of the event, MOUSSEAU requested

$300 in order to make change at the gate. He was given the

amount by WALLACE LITTLE FINGER.

There was a Special Session of Council called by

LLOYD EAGLE BULL, which later appropriated an additional $3,000

in Sun Dance funds. JACK STEELE was authorized to run the

Sioux Stampede (rodeo). STEELE apparently had a falling-out

with RICHARD WILSON, who was apparently ramrodding the stampede.

When this occurred, JACK POURIER was brought in to provide the

rodeo stock.

There was no money appropriated by the Tribe to be

used for the stampede. Neither was there any authorization to

use Sun Dance money for the stampede.

POOR BEAR provided copies of the following documents:

Minutes of the Oglala Sioux Tribe Council, Regular

Session, April 8 - 29, and May 1 - 8, 1969;

Minutes of the Oglala Sioux Tribe Council, Special

Session, June 10, 11, 1969;

Session, Miyutes of, the OLaLa Sioux Tribe Council, Regulax

Minutes of the Oglala Sioux Tribe Council, Special

Session, August 21, 1969.

On_

10/14/69 Pine Ridge, South Dakota

_ File #_

MP 70-5434

by.

SA DONALD M. WOODRING rEs

Date dictated _

10/20/69

is document contains noither recommendations nor conclusions of the FBl. It is the property of the FBI and is loaned to your ogenc

and its contents are not to bo distributod outsido your oganc

NW 68262 Docld:32989685 Page 128

- 9 -

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## Page 129

FD-302 (Rev. 4-15-64)

FEDERAL BUREAU OF INVESTIGATION

Data

10/24/69

(1)

WALLACE LITTLE FINGER, Pine Ridge, south Dakota,

advised he is the treasurer of the Oglala Sioux Tribe.

A subpoena duces tecum may be addressed to MI. LITTLE FINGER

to obtain financial records of the tribe.

ROBERT MOUSSEAU and PAUL APPLE were appointed as

directors of the Oglala Sioux Sun Dance by the tribal

council and a budget of $5000 was allotted for operating

expenses. LITTLE FINGER stated that because of past

problems involved with the Sun Dance, he did not wish

to participate in its operation and therefore he took

annual leave at that time.

He had written a check

drawn on the regular tribal funds in the amount of

$5000

to enable the sun

• Dance to start up.

Two days before

the Sun Dance was to have occurred,

MOUSSEAU appeared

before the tribal council and stated he was broke and

asked for an additional allocation of $3000. As this

amount was not in the budget, MOUSSEAU did not obtain the

money

at this time.

The tribal council at a later meeting

voted to revise the budget and granted MOUSSEAU the

additional $3000.

Also, just prior to the staging of

the Sun Dance, MOUSSEAU requested he be given $300 in

order to make

change. As this $300 was not returned

following the Sun Dance, this amount was deducted from

the $3000 later given to MOUSSEAU for the Sun Dance.

This $300 represents the only money the tribe had

received as proceeds from the Sun Dance.

LITTLE FINGER further related according to the

administrative policy of the tribe, approval by the

council or the executive board must be obtained in order

for per diem to be received for travel off the reservation.

The per diem rate is usually $20 per day for long trips and

$7 to $12 for short trips, including Rapid City.

LITTLE FINGER

stated he does not know anything about the operation or

financing of the Oglala Sioux Stampede.

LITTLE FINGER provided copies of the following

documents:

on 10/14/69

_ot.

Pine Ridge, South Dakota File#.

MP 70-5434

SA DONALD M. WOODRING: kaO

Dote dictated.

10/20/69

This document contains neither recommendations nor conclusions of the FBl. It is the proporty of the FBl and is loaned to your agency:

NW 68262 Doc font 2989683' lage fibuted outsido your agoney.

...

10-

---

## Page 130

MP 70-5434

A deposit ticket, the Stockmans National Bank,

Rushville, Nebraska in the name of the

Oglala Sioux Tribe; special payroll account

dated August 26, 1969 in the amount of $300;

noting reimbursement from Sun Dance

Purchase order - invoice - voucher dated

August 25, 1969 in the amount of $2000

reflecting payment to Sun Dance

Voucher dated July 3, 1969 in the amount of $500

subsidy of $500 to Sun Dance account

vouch, dat a suy 11969 da the amount

Voucher dated July 10, 1969 in the amount

$3500, Sun Dance subsidy

- 11 -

NW 68262 Docld:32989685 Page 130

---

## Page 131

MP 70-5434

On October 16, 1969, the facts in this matter

obtained as of that date were discussed at his request with

BRICE LAY, Superintendent, Pine Ridge Indian Reservation.

Also present at this conference was Agency Special Officer

LAWRENCE GLOVER (NA) .

Both LAY and GLOVER expressed a strong desire for

Eederal prosecution in this case as ROBERT MOUSSEAU, RICHARD

WILSON, and PAUL APPLE are considered by them to be constantly

involved in illegal operations and in stealing from the Oglala

Sioux Tribe of which MOUSSEAU, WILSON, and APPLE are officers

and/or council members.

It was felt by LAY and GLOVER that a conviction,

even of a misdemeanor with a suspended sentence, would go a

long way toward halting the

thievery and stealing which runs

rampant on the reservation.

• •

NW 68262 Docld:32989685 Page 131

12

---

## Page 132

MP 70-5434

Item l. Purchase of Tires for Personal Automobile.

ROBERT J. MOUSSEAU did, during the period July 14,

1969, through September 23, 1969, knowingly convert to his own

use the sum of $101.12 of the funds of the Oglala Sioux Sun

Dance, an Indian Tribal organization, in that he purchased

or caused to be purchased from Pine Ridge Husky Service Station,

elne Ridge, south Dakota, four tires which were installed on his

personally-owned automobile.

Such tires were charged to the

Oglala Sioux Sun Dance by ROBERT J. MOUSSEAU, all in violation

of Title 18, Section 1163, U.S. Code.

Records:

Charge slip number 2 dated July 14, 1969,

Gerber's

Mobil Service, charging Oglala sioux Iribe sun Dance

tor two 1.15 x 14 premium tires, $25.56 each, totaling $51.1i

and 7.4 gallons regular, $2.80, totaling $53.92, signed

R. J. MOUSSEAU.

2.

Charge slip number 6 dated August 1, 1969, titled

Gerber's Mobil Service, charging Sun Dance, Oglala Sioux Tribe

for two 7.75 X 14 WSW tires, $50.00, signed OLETHA MOUSSEAU.

Both of above documents are in the custody of GUS

NEMETZ, Pine Ridge Husky Service Station.

amount of $349.76.

Witnesses:

GUS NEMETZ

ROBERT J. MOUSSEAU

OLETHA MOUSSEAU

- i3 -

NW 68262 Docld:32989685 Page 132

---

## Page 133

MP 70-5434

Item 2. Purchase of Linoleum for Installation

in House Rented From Tribe.

of the Oglala Sioux Sun Dance,

in Dance, an indian

in that he purchased from Hinn's Hardware and Furniture Store,

Rushville, Nebraska, linoleum, which was delivered to and

installed in a house which was rented by him from the Oglala

Sioux Tribe.

This linoleum was paid for by check drawn on the

Oglala Sioux Sun Dance by said ROBERT J. MOUSSEAU in violation

of Title 18, Section 1163, U. S. Code.

Records:

Check number 830 drawn by Oglala Sioux Sun Dance on

Stockman's National Bank, Rushville, Nebraska, dated August 12,

1969, in

favor of Hinn's Hardware in the amount of $47.42,

signed by ROBERT J. MOUSSEAU.

Witnesses:

CHARLES HINN

ROBERT J. MOUSSEAU

Item 3. Check for $250 Noted for Operating Expenses

and Advertising.

ROBERT J. MOUSSEAU, in violation of Title 18, Section 1163,

U.S. Code, did, on or about

July 1l, 1969, knowingly convert

to his own

the sum of $250 being funds

of the Oglala Sioux

Sun Dance, an Indian Tribal Organization, in that he issued a

check payable to himself in the amount of $250, drawn on the

tunds of the Oglala Sioux Sun Dance deposited in the Stockman's

National Bank, Rushville, Nebraska.

The check is noted for

"operating expenses and

advertising," and MOUSSEAU is unable to

produce any document or explanation supporting the payment of

this amount to himself.

Records:

Check number 639 drawn by Oglala Sioux Sun Dance on

Stockman's National Bank, Rushville, Nebraska, dated July IL, 1969,

In favor of ROBERT J. MOUSSEAU in the amount of $250, signed

by ROBERT J. MOUSSEAU.

NW 68262 Docld:32989685 Page 133

---

## Page 134

MP 70-5434

Witness:

ROBERT J. MOUSSEAU

Item 4. Check for $85 noted Technical Assistance.

ROBERT J. MOUSSEAU, in violation of Title 18,

Section 1163, U. S. Code, did, on or about July 26, 1969,

icnowingly convert to his

own use the sun of $85, being funds

of the Oglala Sioux Sun Dance, an Indian Tribal

organization,

in that he issued a check payable to himself in that amount

drawn on the

funds of the Oglala Sioux Sun Dance deposited in

the Stockman's National

Bank, Rushville, Nebraska.

The check

is noted "Technical Assistance", and MOUSSEAU is unable to

produce any document or explanation supporting the payment of

this amount to himself.

Records:

Check number 668, drawn by the Oglala Sioux Sun Dance

on Stockman's National Bank in Rushville, Nebraska, dated

July 26, 1969, in favor of ROBERT J. MOUSSEAU in the amount

of $85, signed by ROBERT J. MOUSSEAU.

Witness:

ROBERT J. MOUSSEAU

Item 5. Transfer of $1,600 From Oglala Sioux

Sun Dance to Oglala Sioux Stampede.

ROBERT J. MOUSSEAU did, during the period July 19, 1969

transferred such funds in the amount of $1,600

from the Oglala

Sioux Sun Dance to the Oglala Sioux Stampede by means of two

checks, one of which was numbered 650, dated July 19, 1969, in the

amount

of $600, and the other which was number 845, dated

August 25, 1969, in the amount of $1,000, both without proper

approval or authorization by the Oglala Sioux Tribe, and In

violation of Title 18, Section 1163, U. S.. Code.

- 15 -

NW 68262 Docld:32989685 Page 134

---

## Page 135

MP 70-5434

Records:

1. Check number 650 drawn by the Oglala Sioux Sun

Dance on Stockman's National Bank, Rushville, Nebraska, dated

July 11, 1969, in favor of Stockman's National Bank in the

amount of $600, signed by ROBERT J. MOUSSEAU;

2. Check number 845 drawn by the Oglala Sioux Sun

Dance on the Stockman's

National Bank in Rushville, Nebraska,

dated

August 25, 1969, In favor of Oglala Sioux Stampede, in

the amount of $1,000, signed by ROBERT J. MOUSSEAU;

3.

Deposit tickets of Oglala Sioux Stampede dated

July 19, 1969 and August 25, 1969, showing deposits in Stockman's

National

Bank, Rushville, Nebraska, of the amounts listed in

numbers 1 and

2 above;

4. Minutes of the Oglala Sioux Tribal Council:

Regular Session, April 8 through May 8, 1969;

Special Session, June 10 and 11, 1969;

Regular Session, July 8 through July 17, 1969;

Special Session, August 21, 1969.

Witnesses:

ROBERT J. MOUSSEAU

ENOS POOR BEAR

WALLACE LITTLE FINGER

•- 16 -

NW 68262 Docld:32989685 Page 135

---

## Page 136

MP 70-5434

Item 6. Payment of $1,147.74 to MELVIN "JACK"

POURIER for use of Rodeo Stock.

ROBERT J. MOUSSEAU and RICHARD A. WILSON, did, on or

about August 11, 1969, willfully misapply funds of the Oglala

stock without having obtained Tribal approval, when in tact

one JACK STEELE had previously been approved by the OgLala sioux

Tribal Council to provide said rodeo stock, all in violation of

Title 18, Section 1163, U. S. Code.

Records:

1. Check number 207 drawn by the Oglala Sioux Stampede

on Stockman's National Bank, Rushville, Nebraska, dated

August 11, 1969, in favor of MELVIN POURIER in the amount of

$1,147.74, signed by ROBERT J. MOUSSEAU;

2. Minutes of the Oglala Sioux Tribal Council:

Regular Session, April 8 through May 8, 1969;

Special Session June 10 and 11, 1969;

Regular Session July & through July 17, 1969;

Special Session, August 21, 1969.

Witnesses:

RICHARD A. WILSON

ROBERT J. MOUSSEAU

JACK STEELE

MELVIN POURIER

LLOYD TWISS

NW 68262 Docld:32989685 Page 136

17

-

---

## Page 137

FD-302 (Rev. 4-15-64)

FEDERAL BUREAU OF INVESTIGATION

(1)

Date. 11/5/69

The paid checks and bank statements of the

Oglala Sioux Sun Dance for the period April 10, 1969

through September 29, 1969 and the paid checks and

pank statements o1 the Oglala Sioux Stampede for the

period July 21; 1969 through September 11, 1969,

all pertaining

to accounts maintained in the Stockmans

the office of

ridge Indian Reservation, Pine Ridge, South Dakota.

these checks and statements were made available b

Agency Special Officer LAWRENCE J. GLOVER.

A checkbook of Oglala Sioux Sun Dance and a

plastic case containing notes and invoices were obtained

IrOm BILL BATESE, Tribal Administrative Manager, on

October 16, 1969. These were obtained by him from

ROBERT J. MOUSSEAU under a tribal court order. The

contents of the plastic briefcase were inventoried and

examined.

All of the above checks, statements, checkbook,

and other documents were returned

to the custody of Agency

Special Officer GLOVER upon completion of the examination.

The following information was obtained regarding the

Oglala Sioux Sun Dance:

All checks returned by the bank as paid were

listed in numerical order to insure the presence of all

checks. All checks beginning with Number 604, dated

May 13, 1969 through Number 863 issued September 24,

1969,

with the exception of checks numbered 861 and 862, were

accounted for. The details regarding these checks appear

in the working papers.

A Statement of Source and Disposition of Funds

for the period May 1, 1969 through September 29, 1969 was.

prepared. This statement appears in the working papers.

It was determined the following transfers of

funds were made to the Oglala Sioux Stampede account:

0n-10/13/69

a-pine Ridge, South Dalsota

- File #-#p-70-5434

bY_ SA DONALD M. WOODRING: 2O

Date dictated 11/4/69

This document contains neither recommondations nor conclusions of the FBI. It is the property of the FBI and is loaned to your agency:

it and its contents are not to be distributed outside your agency.

NW 68262 Docld:32989685 Page 137

---

## Page 138

-

. =

!

MP 70-5434

(2)

Date

July 19, 1969

Check

Number

650

Payable to

Stockmans National

Bank

Oglala Sioux

Stampede

$ 600.00

August 25, 1969

845

1000.00

$1600.00

September 11, 1969

Transferred by bank to cover

89.42

overdraft in Oglala Sioux

Stampede account

$1689.42

It was noted there was no supporting data for

any of the checks totaling $742, paid to ROBERT J. MOUSSEAU

for per diem and other expenses;

for checks totaling $165,

paid to OLETHIA MOUSSEAU for services rendered; or for

checks totaling $663.60, paid to PAUL APPLE for per diem

expenses and services.

Schedules providing the details

of these items are included in the work papers.

It was determined invoices which were unpaid

amounted to $1035.23. Details of these invoices appear

in the work papers.

Outstanding checks at the date of

examination amounted to $689.14. Details of these checks

appear in the work papers.

It was determined that included in the total

of $349.76 paid by check number 861, dated September 23, 1969,

to Pine Ridge Husky Service Station were the following items:

Charge slip number 2, dated July 14, 1969, Charging

Oglala Sioux Tribe Sun Dance for two 775 by 14

premium tires, $25.56 each, total of $51.12;

and 7.4 gallons of gas, $2.80 for a total charge

slip of $53.92. This slip was signed R. J. MOUSSEAU.

Charge slip number 6, dated August 1, 1969

charging Sun Dance - Oglala Sioux Tribe for

two 775 by 14 WSW tires, $50.00. This slip was

signed OLETHIA MOUSSEAU.

These tires in the total amount of $101.12 were

installed on the personal car of ROBERT J. MOUSSEAU.

was noted this check was cashed by GUS NEMITZ, proprietor

NW 68262 Docld:32989685 Page 138

- 19 -

---

## Page 139

MP 70-5434

(3)

of Pine Ridge Husky Service Station at the Sioux Nation

Shopping Center.

Another check was deposited by the

shopping center which was returned marked "Non-sufficient

Funds".

It was also determined check number 830, dated

August 12, 1969, in the amount of $47.42, payable to Hinn

Hardware, was in payment of an invoice for linoleum delivered

to and installed on the floor of a house rented from the

Oglala Sioux Tribe by ROBERT J. MOUSSEAU.

The following information was obtained regarding

the Oglala Sioux Stampede:

All checks paid by the bank during the period

July 21, 1969 through September IL, 1969 were listed and

examined. All checks beginning with number 101, dated

July 21, 1969 through number 215, dated August 22, 1969

were accounted for with the

exception of numbers 11l, 122,

143, 15L, 159, 164, 174, 178, 197, 198, and 206.

Details

of these checks appear in the work papers.

A Statement of Source and Disposition of Funds

for the above period appears in the work papers.

It is noted the following amounts were received

from the Oglala Sioux Tribe Sur Dance:

July 19, 1969

$ 600.00

August 25, 1969

100.00

$1600.00

89.42

September 12, 1969 Transe to

cover over-

draft

$1689.42

It was determined ROBERT J. MOUSSEAU received a

total of $127.00 in checks for which there is no

supporting data. Details of this amount appear in the

working papers.

NW 68262 Docld:32989685 Page 139

- 20 -

---

## Page 140

FD-302 (Rev. 4-15-64)

FEDERAL BUREAU OF INVESTIGATION

November 6, 1969

Dato_

The following minutes of the Oglala Sioux Tribal

Council, Pine Ridge, South Dakota, were obtained from ENOS

POOR BEAR, Tribal President, and were reviewed.

Regular Session, April 8 through May 8, 1969;

Special Session, June 10 and 11, 1969;

Regular Session, July 8 through July 17, 1969;

Special Session, August 21, 1969.

The Administrative Operating Procedures of the Oglala

Sioux Tribe were obtained from BILL BATESE, Administrative

Manager of the Oglala Sioux Tribe, and were reviewed.

The following information was obtained from a review

of these minutes:

April 17, 1969: The Tribal Council approved the

running of the sun

Dance to be held August 7, 8, 9, and 10, 1969.

May 2, 1969: The Council approved the holding of a

rodeo during the sun Dance, August /, 8, 9, and 10, 1969, in the

afternoons, and that JACK STEELE be given the contract to stage

such a rodeo.

ROBERT J. MOUSSEAU was appointed as Sun Dance

Director for

• 1969. PAUL APPLE was approved as Assistant Sun

Dance Director for 1969.

June 11, 1969: Tribal Council approved an appropriation

for the Sun Dance of $5,000.

August 21, 1969: Sun Dance Director ROBERT J. MOUSSEAU

réquested the Council appropriate an additional $3,000 for the

budget to cover extra expenses incurred to operate the Sun Dance.

This motion was defeated.

July 15, 1969: The Tribal Council approved the entering

into a leasing agreement with Dakota Leasing to obtain rodeo

equipment for the Sun Dance rodeo.

10/13/69 -

10/29/69

:

Pine Ridge, South Dakota

On_

MP 70-5434

-at

Filo #.

SA DONALD M. WOODRING:rfs

11/4/69

Date dictated

by_

This documont contains neither recommendations nor conclusions of the FBl. It is the property of the FBI and is loaned to your agency:

it and its contents are not to be distributed outsido your agency.

NW 68262 Docld:32989685 Page 140

- 21 -

---

## Page 141

MP 70-5434

-2-

No reference was found to any individual other than

JACK STEELE who was authorized by the tribe to run the rodeo

in connection with the Sun Dance. Neither was there any

approval in the setting up of

committee to run said rodeo.

The following information was obtained from a review

of the Administrative Operating Procedures of the Oglala Sioux

Tribe:

Section IV, Accounting and Financial Management,

C. Travel, 1. Authorization, states as follows:

"Travel authorizations approved by the Tribal President

or Acting President shall be issued in advance for ali

travel to be performed by travel officials and employees.

Such authorizations, which include dates of travel,

mode of travel, mileage rate and, account to be charged,

related information. Each

travel authorization

shall be signed by the Treasurer to

assure conformance with the approved budget and shall be

approved by the President or the Acting President of the

Executive Committee.

"5. Certified Statement of Travel Expenses. Within

ten days after the completion of any

• travel which has been

properly authorized, the Traveler will file with the

Finance Officer a certified statement of travel performed

by voucher form. This statement will be attached to the

This statement will be required even

though a cash advance

may have been made, and failure to file such a statement

will be sufficient cause for appropriate action against

the traveler as deemed by the Executive Committee. The

Treasurer shall certify all travel vouchers as to amount

authorized for payment in

accordance with Tribal regulations."

Copies of the minutes of the Executive Conmittee of

the Oglala Sioux Tribe maintained in the office of the Law and

Order Branch were reviewed for June, July, and August of 1969.

No reference to a blanket approval of Sun

Dance Committee

expenditures was found.

- 22 -

• NW 68262 Docld:32989685 Page 141

---

## Page 142

FD-302 (Rov. 4-15-64)

FEDERAL BUREAU OF INVESTIGATION

Date

October 24, 1969

The following items were contained in a brown

plastic briefcase obtained from BILL BATESE, Administrative

It was obtained by him from

Sioux Tribal Court. These

Court Order issued by the Oglala

items are as follows:

1. Checkbook, Oglala Sioux Iribe Sun Dance account

maintained at Stockman's Mational Bank, Rushville, Nebraska,

beginning with Check Number 608 issued

June 27, 1969, through

ven deb area,

Check Number 863 issued September 24, 1969. Unused checks

numbered 864 through 1048 were in the checkbook unused.

2. Letter from Stockman's National Bank Listing an

overdraft in the Stampede account and a transfer of $89.42 from

the Sun Dance to the Stampede account.

3. Invoice, Bison State Telephone Company, Custer,

South Dakota.

4.

Envelope containing six deposit tickets, Stockman's

National Bank and adding machine tape.

5. Copy of memo to WALLACE I. FINGER from Executive

Committee recomending revision of Sun Dance budget from $5,000

to $8,000.

Invoice from Mayer Radio, Rapid City, South

Dakota for $104.00.

7.

Paid statement, I. C. Thies and Son, Grocery and

Meats, $970.35.

8. List of applicants for concession stands for the

1969 Sun Dance.

J. Receipt given by R. IRON CLOUD to ROBERT J.

MOUSSEAU September 9,

1969, for $500 for Sun Dence contest.

10/16/69

Pine Ridge, South Dakota

MP 70-5434

On_

_ Filo #.

SA DONALD M. WOODRING :rES

by.

Date dictated_

10/20/69

This documont contains neithor rocommendations nor conclusions of the FBI. It is the proporty of the FBI and is loaned to your agancy:

NW 6826} Do cld83298% 685 Page diaributed outside your agency.

---

## Page 143

MP 70-5434

-2-

10. Invoice from Western Union, $3.39.

11. Statement from Harris Sales, 114 Nobrar:

Avenue, Albaie, Nebraska, 20488, marked paid, September 23, 1969.

12. Statement, Maverick Service Center (Pine Ridge

Huskey Service Station), Sun Dance, $349.76, noted check,

ROBERT MOUSSEAU, $10, paid August 23, 1969.

13.

Six sales tickets, H & M Shopping Center,

White Clay, Nebraska, marked paid August 25, 1969, Number 847.

14. Letter, self-addressed envelope, and check to

Pine Ridge Camp Grounds requesting reservations for August 8 and

9, 1969, for KENNETH J. MEYERS, Huron College, Huron, South Dakota.

15. Postal Money Order, $15, payable to Sun Dance

Committee from Sp./4 H. LUTSKE, Ft. Bragg, North Carolina.

16. Program for Stampede.

17. Numerous handwritten notes showing amount of

change given

to certain ticket sellers.

18. Green cloth coin bag stamped "Smith Amusement

Company".

19.

Yellow cloth coin bag marked "Stockman's

National Bank".

20. Stenographer's notebook containing various notes

and figures

of a miscellaneous and unidentifiable nature.

Placed in the pages of the notebook were the following:

a.

Numerous unpaid bills and statements listed

elsewhere in the working papers;

D. Copy of bank debit slip;

c. Handwritten notes of various descriptions.

NW 68262 Docld:32989685 Page 143

• - 24 -

---

## Page 144

MP 70-5434

Oglala Sioux Sun Dance

Source and Disposition of Funds

5/1/69 - 9/29/69

Source of Funds:

Balance on hand 4/10/69

Transfer of funds from

Oglala Sioux Tribe, as

appropriated

$8,000.00

Less: Return to tribe

as reimbursement for

charge fund

300.00$

Proceeds of note

Proceeds of Sun Dance

TOTAL FUNDS AVAILABLE

Disposition of Funds:

Non-cash items:

Payment of loan

Transfer to Stampede Account

Other bank charges

$

90.20

:

7,700.00

1,500.00

4,982.41

$14,272.61

1,500.00

89.42

15.25

1,604.67

Cash disbursements:

ROBERT J. MOUSSEAU, per diem,

expenses, and services

PAUL APPLE

UnseL, per diel, expenses,

DICK WIISON, per diem and

expenses

Others, per diem, booster trips,

etc.

742.00

663.60

85.00

307.00

*This amount was given to R. J. MOUSSEAU by W. I. FINGER in cash.

thererore

the Sun Dance fund received the full $8000 appropriated.

IW 68262 Docld:32989685 Page 14

---

## Page 145

MP 70-5434

(Cash disbursements continued)

OLETHA MOUSSEAU, services

Materials and supplies

Labor, arena, rodeo, grounds,

carpenters, etc.

Singers, arena, aides, etc.

Food, collection and preparation

Miscellaneous

$

165.00

2,604.87

1,859.00

1,600.00

1,510.00

1,341.43

1,250.00

128.00

100.00

100.00

100.00

92.42

TOTAL DISPOSITION OF FUNDS

Balance per bank, 9/29/69 -- $19.62

NW 68262 Docld:32989685 Page 145

- 26 -

$12, 648.32

$14,252.99

Eri

---

## Page 146

MP 70-5434

Oglala Sioux Sun Dance

Summary of Amounts Received by

ROBERT J. MOUSSEAU and OLETHA MOUSSEAU

Other

Endorsements

Date

7/3/69

Check #

609

7/8/69-

611

7/9/69

616

7/9/69 637

7/9/69

638

7/11/69

639

7/25/69

660

7/26/69

668

7/29/69

676

RJM

RJM

RJM

RJM

Cash

RJM

RJM

RJM

Description

Booster and

advertising

trip, Black

Hills and

Rosebud

Per diem and

partial mileage,

Rapid City

Booster trip,

Rapid City

Booster trip, Black Hills

Rapid City

Greyhound

Racing Assh.

Feed

Participants

Operating

Expenses and

advertising

Per diem -

2 days

Technical

Assistance

Hilltop

Liquor Store

Pine Ridge

Husky

Per diem and

Service

Labor - Hill

Station

City

• .

- 27 -

NW 68262 Docld:32989685 Page 146

Amount

$ 32.00

35.00

20.00

60.00

30.00

250.00

32.00

85.00

36.00

---

## Page 147

MP 70-5434

Date

7/31/69

Check #

679

7/31/69

680

8/2/69

8/28/69

8/29/69

699

848

850

9/1/69

855

Payee

None

Pine

Ridge-

Husky

Service

Station

None

RJM

RJM

Liquor

Mart

Description

Per di em

Per diem

Other

Endorsements Amount

Hilltop

Liquor Store $ 16.00

None

None

Per diem

None

State Bank of

Eagle Butte

Dale's Texaco,

Rapid City

TOTAL

36.00

16.00

30.00

36.00

28.00

$742.00

8/15/69

8/30/69

OLETHA MOUSSEAU

OLETHA

Service

MOUSSEAU Rendered -

Cooking

Area

OLETHA

MOUSSEAU Post Sun Dance

Cleanup

$150.00

TOTAL

_15.00

$165.00

NW 68262 Docld:32989685 Page 147

- 28 -

---

## Page 148

MP 70-5434

Oglala Sioux Sun Dance

Summary of Amounts Received by

PAUL APPLE

Date

Check #

5/13/69 604

6/24/69

607

7/9/69

613

7/9/69

7/23/69

8/1/69

8/4/69

8/6/69

8/8/69

8/9/69

8/10/69

8/29/69

618

654

686

701

706

708

750

825

849

Payee

'PA

PA

PA

PA

PA

PA

PA

PA

PA

PA

PA

PA

Description

Per diem

Mileage

Booster Trip,

Rapid City

Labor - Per

diem -2 days

Labor-foreman

Announcing

Supervisor

Hauling beef

Pow-wow

Announcer

Announcer

Post Sun Dance

Cleanup

• TOTAL

Other

Endorsements

Amount

$ 6.00

5.60

10.00

30.00

82.00

76.00

100.00

54.00

10.00

OST-ROBERT

J. MOUSSEAU

.100.00

100.00

_ 90.00

$663.60

=

- 29 -

NW 68262 Docld:32989685 Page 148

---

## Page 149

MP 70-5434

Oglala Sioux Stampede

Source and Disposition of Funds

7/19/69 -

Sources of Funds:

Proceeds from gate

Transfer of funds from

Oglala Sioux Sun Dance

Proceeds of note

$7,168.42

1,689.42

1,500.00

TOTAL FUNDS

Disposition of Funds:

Other Than Cash:

Repayment of loan

Bank charges

Bad checks charged

• back by bank

TOrAL

1,500.00

9.36

100.15

By Ghecks Issued:

Prizes and Participation

Rodeo stock

Labor

Lease of rodeo equipment

Unidentified charges

Welding, plumbing, and

electrical

Per diem

Judges

All American Indian

Activities Assn.

Meals for prisoners and

i office help

Cash

4,135.32

1,147.74

1,044.00

750.00

509.00

353.00

261.00

168.97

102.00

90.00

84.40

77.90

25.00

NW 68262 Docld:32989685 Page 149

TOTAL

TOTAL DISPOSITION OF FUNDS

- 30 -

$10,357.84

1,609.51

8,748.33

$10,357.84

---

## Page 150

-00.0- JasmaIsta dand 509

asonalad lalaryor bus earine

NW 68262 Docld:32989685 Page 150

---

## Page 151

MP 70-5434

Date

7/29/69 101

Check #

7/29/69

102

glala Sioux Stampede

tems "attained" by R. J. MOUSSEA

Payee

Cash

Cash

Description

Where Cashed

Per diem

Hilltop

Liquor Store

Per diem

Black Hills

Greyhound

Racing Assn.

Amount

$ 18.00

36.00

25.00

7/29/69 103

8/17/69 213

Cash

Per diem

ROBERT J. Per diem

MOUSSEAU

and

personal

car

TOTAL

ROY SMITH

48.00

$127.00

• .

NW 68262 Docld:32989685 Page 151

32

---

## Page 152

FD-302 (ov. 4-15-64)

FEDERAL BUREAU OF INVESTIGATION

(I)

Date.

11/5/69

ROBERT J. MOUSSEAU, Pine Ridge, South Dakota, was

interviewed in the

Pine Ridge Reservation Police Station

in the presence of Police Lieutenant FRED TWO BULLS.

He was advised of the official identity of the interviewing

agent and was advised that the nature of the interview was

concerning the embezzlement of tribal funds. MOUSSEAU

was advised of his constitutional rights by

of an Advice of Rights Form.

presentation

After reading this form,

he agreed to waive his rights and signed a Waiver of

Rights form. MOUSSEAU provided the following information:

He is secretary of the Oglala Sioux Tribe and

was Sun Dance director for the year 1969. The tribal

council had given JACK STEELE a contract

to put on a

rodeo in conjunction with the annual Sun Dance. The

agreement was the tribe was to get twenty-five

percent

of the profit and steElE, seventy-five percent.

DICK WILSON and MOUSSEAU took it upon themselves

to handle the rodeo, as no committee had been appointed

by the tribe.

Several attempts have been made to contact

STEELE to help plan the rodeo but he could not be reached.

A meeting was called for

rodeo planning by WILSON which

MOUSSCAU could not attend. Afterwards, WILSON told MOUSSEAU

that STEELE had backed out of the rodeo because he was not

getting enough money.

WILSON said JACK POURIER would take

the rodeo, so the committee gave it to him, feeling that

they could not get anyone else from the outside.

The arrangement with JACK POURIER waS a 50 - 50

split with the tribe.

There was no tribal approval for the

change in contract. MOUSSEAU continued stating the tribe

authorized the rodeo with no money. He told the tribal

council in special session he was going to use Sun Dance

money for the rodeo. At this point MOUSSEAU was provided

with a copy of the

minutes of the tribal council for the

pertinent periods, and he was unable to find any reference

to his having so notified the tribal council.

On 10/29/69

-at_

Pine Ridge, South Dakota File#

MP 70-5434

by-

_SA DONALD M. WOODRING: kao

Dato dictated _

11/4/69

This document contains neithor recommendations nor conclusions of the FBI. It is the property of the FBI and is loaned to your agency:

is and its contents are not to be distributed outside your agency.

NW 68262 Docld:32989685 Page 152

---

## Page 153

MP 70-5434

(2)

MOUSSEAU said he told the council he did not

want to run the Sun Dance and felt a committee should do so.

The council decided that the executive committee of the

tribe would be the Sun Dance committee.

The rodeo has lost money because entry fees

amounting to $60 to $80 were paid by checks which were not

•MOUSSEAU expects the All American Indian Activities

Association to make good on these checks. In regard to

the receipts by the Sun Dance and the Stampede, MOUSSEAU

stated tickets were sold at the rodeo but were

not accounted

Admission was gained to the Sun Dance by stamping

hands of people as they paid. He could not see anything

wrong with this system, as it has always been like this.

In regard to the transfer of funds from the Sun Dance to

the rodeo, MOUSSEAU stated he assumed that since both

activities were tribal sponsored, the money could be

interchanged.

WALLACE LITTLE FINGER, Tribal Treasurer, gave

him, MOUSSEAU, the checkbook for the Sun Dance and

stated he did not want anything to do with it.

As to the booster trip made to Rapid City,

MOUSSEAU Said he took eight to ten people from Pine

and got several more Indians who lived in Rapid City to

participate.

JACK FASH (phonetic) promoted and suggested

the idea.

Transportation to Rapid City was provided by

tribal station wagon and two Government cars (General Services

Administration). MILES BOLLINGER, Superintendent of

Schools, approved the use of these vehicles.

The group

traveled to Rapid City. Upon arrival there,

MOUSSEA U

paid for the lunch in the amount of approximately $30.00

Following the meal, these people went to the Greyhound

Race Track where they put on several dances in the middle

of the field.

MOUSSEAU Stated the sun Dance lost money

because of the rodeo. He stated the filming of the Sun

Dance and the rodeo by CASEY TIBBS and JOEL MC RAY was set

up by LLOYD EAGLE BULL and himself.

The only payment they

got was one buffalo;

MOUSSEAU feels the tribe should have

been paid much more than this.

'MOUSSEAU is not aware of any policy on per diem

or tribal authorization needed to obtain per diem payments

while on a trip.

NW 68262 Docld:32989685 Page 153

•34 .

-

---

## Page 154

MP 70-5434

(3)

MOUSSEAU was shown a copy of the administrative

procedure of the Oglala Sioux Tribe and it was pointed out

where such policy exists, authorization is required.

MOUSSEAU then stated the

policy was not followed by

anyone

When inquiries were made as to. the work provided for the

Sun Dance by PAUL APPLE, MOUSSEAU Stated APPLE was a

foremen and worked on just about everything in regard to

the Sun Dance, even appearing on television. He was also

in charge of prisoner labor.

When questioned about the

payments to himself of per diem, MOUSSEAU stated these

were for trips which he had made all through the Black

Hills and to the Rosebud Reservation where he was advertising

the Sun Dance, putting up posters, looking for ideas, etc.

He was unable

to provide any information or documentation

as to the dates of these trips, the times involved, or

exactly what each trip was for. He was unable to relate

checks to specific dates.

When questioned as to the

$250 check received by him for "operating expenses and

advertising", MOUSSEAU was unable to provide any coucrete

information

in support of this item.

He stated that he

paid people to advertise the Sun Dance and to talk it up

at Pow Wows; these were Toka Indians who were paid amounts

of $5, $10,

or $15 depending on how big the pow wow was.

MOUSSEAU gave these people cash and did not obtain receipts.

He was unable to name any of the people who obtained this

тодеу.

He further stated this check was to cover use of

his car for advertising, which was not included in the

per diem payments.

When questioned about the amount of

$os noted as being for "technical assistance" MOUSSEAU

his pay for running the sun Dance. At this point MOUSSEAU

stated it is his belief the Executive Committee of the tribe

took action two or three weeks before the Sun Dance in

which the Sun Dance Committee would "pay for everything".

In regard to the four tires purchased from

Pine Ridge Husky Service Station, MOUSSEAU admitted these

tires were placed on his car.

He said it was his understanding

that they would be on his regular bill. However,

MOUSSEAU

did admit that he reviewed the charge slips submitted by

Husky Service Station to the Sun Donce and had seen the

charges for the tires. However, he paid the bill from the

Sun Dance fund anyway.

NW 68262 Docld:32989685 Page 154

- 35-

---

## Page 155

MP 70-5434•

(1)

• .

When questioned about the amount paid to

MOUSSEAU stated that this

was a tribal house and was in need of repair and

therefore felt the tribe should pay for it.

He stated

he also had obtained pressed wood panels for under the

linoleum from Rushville Lumber Company and other sources.

---

NW 68262 Docld:32989685 Page 155

-36 .

---

## Page 156

FD-302 (REV. 3-17-69)

FEDERAL BUREAU OF INVESTIGATION

(1)

Date_

11/5/69

OLETHIA MOSSEAU, Pine Ridge, South Dakota,

was interviewed in the Pine Ridge Reservation Police Station in

the presence of police Lieutenant FRED TWO BULLS. She was

advised of the official identity of the interviewing agent

and was advised that the nature of the interview was

concerning the embezzlement of tribal funds. MOSSEAU

was advised of her constitutional rights by presentation

of an Advice of Rights Form. After reading this form,

she agreed to waive her rights and signed a Waiver of

Rights form. MOSSEAU provided the following information:

She received $150 from the Sun Dance fund as

her pay for the time she spent working for prisoners

who were cleaning up the grounds and building fences for

the sun Dance and rodeo events.

approximately one month prior to the Sun Dance. Mrs.

meals per day for as many as fifteen to sixteen men.

In addition to the prisoners, PAUL APPLI, LEO LOOK TWICE,

AMIL WATERS, and others who worked at the grounds were fed by

her.

Groceries were bought from the Sun Dance fund from

Randy's Store at Whiteclay,..

Nebraska.

The payment she

received was strictly for her time and included no food.

She worked approximately live days a week plus Saturdays

and sundays as the time toward the Sun Dance grew short.

MIS. MOSSEAU stated she cleaned up the Sun Dance grounds

around the working area after the event had been concluded.

She does not recall if she was paid anything for this.

When questioned about the tires she purchased

at Pine Ridge Husky Service Station, she stated that the

tires had in fact been put on their

personal car. She was

aware that they needed tires and her husband had

stopped

in and discussed the situation over with GUS NEMITZ, Manager.

-

Оп_

10/29/69

bill or was charged to the Sun Dance. Mrs. MOSSEAU further

related she and ROBERT MOSSEAU live in a house located on

Sun Dance grounds. New Linoleum was put in the house last summer.

_ot Pine Ridge, South Dakota

SA DONALD M. WOODRING: kao

_ File #.

MP 70-5434

11/4/69

by

Date dictated

This document contains neither recommendations nor conclusions of the FBl. It is the property of the FBI and is loaned to your agency:

it and its contents are nos to be distributed outside your agency,

NW 68262 Docld:32989685 Page 156

- 37

---

## Page 157

MP 70-5434

(2)

This linoleum was purchased from Hinn Hardware and Furniture

at Rushville, Nebraska.

The linoleum was paid for by the

Sun Dance. This house is rented from the tribe.

--

_ NW 68262 Docld:32989685 Page 157

- 38

---

## Page 158

FD-302 (REV. 3-17-69)

FEDERAL BUREAU OF INYESTIGATION

(1)

Date_

11/5/69

PAUL APPLE, Manderson, South Dakota, was interviewed

in the Pine Ridge Reservation Police Station in the presence

of Police Leutenant FRED TWO BULLS. He was advised of

the official identity of the interviewing agent

and was advised that the nature of the interview was

concerning the embezzlement of tribal funds. APPLE

was advised of his constitutional rights by presentation

After reading this form,

he agreed to waive his rights and signed a Waiver of

Rights form. APPLE provided the following information:

He was the announcer for the Sun Dance 1969

and has done this work for the past ten to twelve years.

For the 1969 Sun Dance he was paid $300, as he was the

year before.

In prior years he had received about $150.

In the years before 1969, a Sun Dance Board of three

people ran the Sun. Dance rather than one director.

ROBERT MOSSEAU had asked him to set up a

booster trip to Rapid City to put on a program to

advertise the Sun Dance.

APPLE got a group of people

together and went to Rapid City using tribal vehicles,

a Government car, and a private car. There vere possibly

two Government vehicles involved.

MOSSEAU directed APPLE

to use the tribal vehicle.

The group had supper at the

Covered Wagon Motel; APPLE does not know who paid for the

neal. After the meal,

the group went directly to the

dog race track and put on a show which lasted thirty to

forty-five minutes.

The group left after about the

fourth or fifth race. APPLE is not aware of any excessive

drinking or betting by anyone in the group. He said he

was paid approximately $60 for naking this trip. This

money was to include himself as the announcer, his wife

and daughter as dancers.

As to the labor he performed at the Sun Dance

grounds, APPLE said he was in charge of building and fixing

"sunshades and toilets. He worked steady for two or

three weeks and was in charge oi prisoner labor and hired

labor. Another man named LEO LOOKS TWICE and others were

hired at $1.60 per hour. APPLE had been hired at $2.00 per hour.

Оп.

10/29/69

_at-

Pine Ridge, South Dakota

SA DONALD M. WOODRING: kaO

MP 70-5434

File H

11/4/69

by

Date dictated

This document contains neither recommendations nor conclusions of the FBl. It is the property of the FBI and is loaned to your ogency:

it and its contents are not to be distributed outside your agency.

NW 68262 Docld:32989685 Page 158

---

## Page 159

• MP 70-5434

(2)

..

Prisoner labor was also used for about a week to clean

up after the Sun Dance.

The prisoners were provided

meals at noon each day

and sometimes lunch in the evening

by Mrs. MOSSEAU.

These numbered anywhere from three to

twelve men, depending on their availability..

The chief

tribal judge had stated any prisoner who worked on the

Sun Dance could count work time as double time on his

sentence.

APPLE does not know how receipts at the gate

were controlled. He thinks there were no tickets but

peoples' hands were stamped as they came in. He further

related the amount he received for announcing included

the use of his own sound system.

- 40 -

NW 68262 Docld:32989685 Page 159

---

## Page 160

FD-302 (REV. 3-17-69)

FEDERAL BUREAU OF INVESTIGATION

(1)

Date_

10/24/69

GUS NEMITZ, Pine Ridge, South Dakota, stated

he is the manager of Pine Ridge Husky Service Station.

He provided the original of charge slips for the Sun Dance

totaling $349.76. The following sales slips were.

included:

Charge slip number 2, dated July 14, 1969

Oglala Sioux Tribe Sun Dance for two 175 by 14

premium tires, $25.56 each, totaling $51.12;

and 7.4 gallons of gas, $2.80; for a total of

$53.92. The slip was signed by ROBERT J. MOSSEAU.

Charge slip number 6, dated August 1, 1969,

Sun Dance - Oglala Sioux Tribe for two 775 by 14

WSW tires, $50.00. This slip was signed by

OLETHIA MOSSEAU.

NEMITZ stated ROBERT MOSSEAU had come into his

station and stated he needed tires on his personal car and

since he was chairman of the Sun Dance, it was all right

to put these tires on his personal car and charge them to

the Sun Dance.

This total bill was paid by check number 861,

payable to Husky Service Station. This check was cashed

by NEMITz at the sioux Nation Shopping Center where it

bounced on deposit.

on 10/16/69

Pine Ridge, South Dakotaile I_

SA DONALD M. WOODRING: k20

MP 70-5434

10/20/69

by.

Date dictated.

This document contoins neither recommendations nor conclusions of the FBl. It is the property of the FBl and is loaned to your agency:

it and its contents are not to be distributed outside your agency.

NW 68262 Docld:32989685 Page 160

_47

---

## Page 161

FD-302 (REV. 3-17-69)

-

FEDERAL BUREAU OF INVESTIGATION

(1)

Dale-

11/5/69

CHARLES HINN, OwneI, Hian Hardware and Furniture

Store, Rushville, Nebraska, advised he had received

check number 830, dated August 12, 1969, in the amount

of $47.42 in payment for linoleun delivered to the

tribal house located at the fair grounds of Pine Ridge

reservation. This information is based upon his

recollection of the transaction and he stated he had

no documentation on hand.

On_

10/28/69 Rushville, Nebraska

SA DONALD M. WOODRING: kaO

_ File# MP 70-5434

11/3/69

by_

Date dictated.

This document contains neither recommendations nor conclusions of the FBi. It is the property of the FBI and is loaned to your agency:

it and its contents ore not to be distributed outside your agency.

NW 68262 Docld:32989685 Page 161

÷40.

---

## Page 162

- ==

FD-302 (Rov. 4-15-64)

FEDERAL BUREAU OF INVESTIGATION

November 6, 1969

Date.

WALLACE LITTLE FINGER, Pine Ridge, stated he is the

To are our one by ter bey eated on Ge sun ante

grounds, which house is presently rented and occupied by

ROBERT J. MOUSSEAU.

-.

..... =0==

10/29/69

on_

Pine Ridge, South Dakota

MP 70-5434

Filo #-

SA DONALD M. WOODRING :rfs

by.

Date dictated

11/3/69

This document contains neither recommendations nor conclusions of the FBI. It is the property of the FBI and is loaned to your agoncy:

It and its contonts are not to be distributod outside your agoncy.

NW 68262 Docld:32989685 Page 162

---

## Page 163

FD-302 (REV. 3-17-69)

FEDERAL BUREAU OF INVESTIGATION

(1)

11/5/69

Date.

Legion Post was to have received the money on Thursday

evening but there was no cash available and they were

forced to wait for their receipts on Friday.

Admission was made to the Sun Dance by

marking peoples' hands rather than ticket sales.

The American Legion Post has participated in Sun Dance

parades and Sun Dance rodeos in the last two years.

IRON CLOUD stated he had been to Rapid City on a booster

trip. He drove a Government vehicle. This trip was

made in the latter part of July.

He drove singers and

equipment to Rapid City and had

• lunch at the Chuck

wagon cale upon arrival.

IRON CLOUD stated the lunch

was paid for by the people at the dog track. They then

went to the dog track and the singers and dancers put

on a show.

The entire party returned that night. IRON CLOUD

believes that MOSSEAU did not pay for any of the food

consumed on this trip.

On_

10/28/69

_at Pine Ridge, South Dakota File#.

SA DONALD M. WOODRING: kaO

MP 70-5434

11/3/69

by_

Dote dictated

This document contains neither recommendations nor conclusions of the FBl. It is the property of the FBI and is loaned to your agency

it and its contents are not to be distributed outside your agency.

NW 68262 Docld:32989685 Page 163

---

## Page 164

FD-302 (Rev. 4-15-64)

FEDERAL BUREAU OF INVESTIGATION

Date

November 6, 1969

BILL. HORN CLOUD, Pine Ridge, South Dakota, advised

that he was one of the group that participated in a booster

trip to Rapid City, South Dakota,

the purpose of which was to

promote attendance at the Sun Dance.

He traveled with ROBERT MOUSSEAU from Pine Ridge to

Rapid City in a tribally-owned pickup truck. Upon arrival in

Rapid City, the entire group had supper at the Wagon Wheel.

The tribe paid for this meal, but HORm clous does not know who

handled this money. Following the meal, the entire group went

to the race track and put on their entire performance.

then watched the dog races unti; approximately 11:00 p.m. and

HORN CLOUD does not know if anyone did any betting

or indulging in heavy drinking.

He further stated he was paid

$15 for going on the trip.

On

10/28/69

Pine Ridge, South Dakota

_ File #_

MP 70-5434

by_

SA DONALD M. WOODRING :rfs

Date dictated_

10/31/69

This document contains neither recommendations nor conclusions of the FBI. It is the property of the FBI and is loaned to your agency:

MW 682 and fangs gigger be diggibutod outsido your agency.

---

## Page 165

-.

FD-302 (Rev. 4-15-64)

FEDERAL BUREAU OF INVESTIGATION

Data

(1)

11/5/69

EDGAR RED CLOUD advised he went to Rapid City,

South Dakota, for the booster trip. His role was as a

Sun Dance chief and as a dancer. BOB MOSSEAU was in

charge of the trip.

The entire

group was given a meal

at the Stockmans Cafe or something like that. RED CLOUD

does not know who paid for the meal. Following the lunch,

the group went directly to the dog track and performed

In costume. They watched the dog races and returned to

Rapid City. RED CLOUD received $20 for making the trip

which he cashed at the dog track.

He is not aware of

anyone having done any heavy drinking or betting while

at the track.

i

On_

not_

File #-

10/28/69

Pine Ridge, South Dakota

MP 70-5434

SA DONALD M. WOODRING: kaO

hia de come no one on the distand vion, nor conelusiona of the Bl. ' is the proprity of to FBi and is loned la your ogeney

It and its contonts ore not to bo distributed outsido your agency

NW 68262 Docld:32989685 Page 165

---

## Page 166

FD-302 (Rev. 1-15-64)

FEDERAL BUREAU OF INVESTIGATION

Dato

11/5/69

Police Department, as translator, provided the following

information:

He went to Rapid City on the booster trip

and was paid $25.00 for making the trip because he was

dressed as a chief. He went to Rapid City in a tribal

station wagon driven by one of the MOSSEAU boys.

The group left at about four o'clock and drove directly

The first stop was at a hotel where

BOB MOSSEAU paid for a meal for about ten people.

Following the meal they went directly to the dog track

to perform and came home following the performance.

There were a total of about fifteen people in the group.

including some Indians living in Rapid City.

0n 10/28/69

• Pine Ridge, South Dakota

Filo#_ MD 70-5434

SA DONALD M. WOODRING: kaO

11/3/69

Date dictated

Then one one norte doord on o your duty of the FB. I a the propory of tho Fl and ie loned lo your agency:

NW 68262 Docld:32989685 Page 166

---

## Page 167

FD-302 (REV. 3-17-69)

FEDERAL BUREAU OF INVESTIGATION

(1)

Date

11/5/69

RICHARD A.

WILSON, Pine Ridge, South Dakota,

was interviewed in the Pine

Station in the presence of Police Lieutenant FRED TWO BULLS.

He was advised of the official identity of the interviewing

agent and was advised that the nature of the interview was

concerning the embezzlement of tribal funds. WILSON

was advised of his constitutional rights by presentation

of an Advice of Rights Form. After reading this form,

he agreed to waive his rights and signed a Waiver of.

Rights form. WILSON provided the following information:

The tribal council took action to permit JACK STEELE

to put on a rodeo in conjunction with the annual Sun Dance.

He was to provide and install equipment etc.

The tribe

was to get twenty-five percent of the profits and STeELE,

seventy-five percent. After this had been agreed to,

the tribe included advertisements for the rodeo or stampede

on the posters and advertisements for the Sun Dance.

STEELE had located the needed equipment in

Sioux Falls. The tribe bought this eguipment on a lease

arrangement as STEELE was not able to come up with the

money to purchase it on his own.

The equipment came

from Dakota Leasing, who also gave the Oglala Sioux Tribe

$600 which was added to the amount of lease to bring the

entire agreement up to $2500.

The committee needed the

additional $600 for fences and other expenses.

Since the tribe bought the equipment, the

committee

felt the deal should be the tribe receiving

seventy-five percent and STEELE twenty-five percent.

STEELE had apparently made an additional deal for use

of very expensive bulls at the rodeo and wanted more

money to handle this increased cost.

About thirteen days before the show was to be

put on a meeting was held.

STEELE could not be pinned

down by the members of the committee regarding the contract.

The committee then agreed with JACK POURIER that he would

provide the stock for the rodeo and split 50 - 50 with the

tribe for expenses. At this meeting the committee elected officers.

on 10/29/69

_Pine Ridge, South Daketa File# 70-5431

SA DONALD M. WOODRING: kaO

11/4/69

by_

Date dictated

This document contains neither recommendations nor conclusions of the FBl. It is the property of the FBI and is loaned to your agency:

it and its contents ore not to be distributed outside your agency.

NW 68262 Docld:32989685 Page 167

48 -

---

## Page 168

!

MP 70-5434

(2)

These officers were DICK WILSON, president; LLOYD TVISS,

vice-president; BOB MOUSSEAU, treasurer; and LOUIS TWISS, Jr.,

secretary.

The expenses which were to be taken off the

receipts prior to the 50 - 50 split with JACK POURIER

were chutes, help, gate men,

announcers, wages of other

people working at the grounds, and beer. WILSON denied

any knowledge of financial transactions

or transfer

of funds from the Sun Dance to the Stampede.

WILSON stated the $100 he received for material

was for supplying planks for use on the calf chute.

These planks had come out of an old dining room on

reservation and were given to WILSON for plumbing work

he did for JOE JANIS. WILSON has had the planks at his

home for at least five years. At this point he displayed

his pay check number one dated July 27, 1969; payable to

CHARLES QUIVER, in the amount of $31.50, for 70 cedar

posts.

When questioned about per diem expenses he received

from the Sun Dance, he stated he was in Sioux Falls

approximately three

to four days and received $60. He

took two trips to load the chutes etc.

which were used

at the rodeo. He has no knowledge of

the other item

for $25.

diem, WILSON stated per diem is to be authorized in advance by

the tribe and a voucher submitted later for payment.

WILSON said he had made numerous trips to Rapid City and

Chadron. He stated he did not go on a booster trip to

Rapid City. WILSON stated he is a member of the Oglala

Sioux Tribal Council and Administrative Resources Officer

for the tribe. He provided copies of the following agreements

from his files:

JACK POURIER

rodeo stock

Nelson Sound Systems

BUD WILSON

Announcer for Stampede

- 49 -

NW 68262 Docld:32989685 Page 168

---

## Page 169

FD-302 (Rev. 4-15-64)

FEDERAL BUREAU OF INVESTIGATION

Date-

October 24, 1969

JACK STEELE, Pine Ridge, provided the following

information:

As a sideline he is in the business of promoting

rodeos and providing stock for use in rodeos.

He had obtained

approval from the Oglala Sioux Tribal Council to run a rodeo

in connection with the annual Sun Dance to be held in 1969.

STEELE stated he has a partner who usually works with him in

these events who is CHARLIE KRAMER of Chadron, Nebraska.

Approximately a week or a little longer before the

Sun Dance, STEELE

and KRAMER attended a meeting for the purpose

of getting the rodeo organized. This meeting may have occurred

approximately at the end of July.

Present at this meeting were

DICK WILSON, JACK POURTER, DAVE POURIER, LLOYD TWISS, and

"JUNIOR" TWISS. BOB MOUSSEAU was not present.

STEELE and KRAMER did not like the deal which was

offered to them by the committee.

They wanted 75 per cent of

the proceeds with 25 per cent going to the Tribe. For the 75

per cent, STEELE was to provide the stock, get cowboys, handle

the advertising, etc. The 75 per cent is

his usual fee.

STEELE and KRAMER for 50 per cent.

They did not like this cut

and left the meeting to talk the matter over. They went to a

bar in White Clay, Nebraska, in order to discuss the matter and to

have lunch.

While they were in the bar, DICK WILSON arrived and

told STEELE it was all over and they were out -- that someone

else would handle the rodeo.

STEELE understands the matter was settled for a

50-50 split with JACK POURIER.

10/15/69 or Pine Ridge, South Dakota

- Filo#_ MP 70-5434

by_

SA DONALD M. WOODRING :rES

Date dictated

10/20/69

Then recent a in at to deed on do you adela of th B. 'le the repory of th Fl and le loned lo your goneye.

NW 68262 Docld:32989685 Page 169

---

## Page 170

FD-302 (Rev. 4-15-64)

FEDERAL BUREAU OF INVESTIGATION

Dore October 24, 1969

MELVIN "JACK'' POURIER, Porcupine, South Dakota,

provided the following information:

Under contract with the Oglala Sioux Tribe, he

provided

the rodeo stock, pickup men, and some labor for a

total of 50 per cent of the gate at the Oglala Sioux Stampede.

His agreement was made with DICK WILSON, LLOYD TWISS, and

LOUIS TWISS, Jr.

The actual agreement was signed by ROBERT

MOUSSEAU and DICK WILSON.

POURIER stated he was sent for by DICK WILSON tO

attend a meeting held approximately a week to ten

days before

the rodeo date.

He and his son DAVID attended this meeting.

At the meeting

he was asked what he would charge to run the

rodeo.

He was at that time told JACK STEELE wanted 75 per cent.

POURIER stated he would accept 50 per cent if the tribe would

provide the help.

His final agreement was for 50 per cent with the

tribe providing one half of the help. He accepted this settle-

ment and did in fact supply the rodeo stock and several men to

help with the rodeo. He was paid approximately $1,100 for this.

His son DAVID was present with MOUSSEAU and WILSON

at the time the gate receipts were counted and his share

computed.

10/16/69

Pine Ridge, South Dakota

Filo #.

MP 70-5434

by_

SA DONALD M. WOODRING:rfs

Date dictated _

10/20/69

This document contains neither recommendations nor conclusions of the FBl. It is the property of the FBI and is loaned to your agency:

I and lis contents aro not lo bo distributed outsido your agency.

NW 68262 Docld:32989685 Page 170

---

## Page 171

FD-302 (Rev. 4-15-64)

FEDERAL BUREAU OF INVESTIGATION

Date October 24, 1969

ILOYD TWISS, Pine Ridge, provided the Eollowing

information:

He was a member of a committee formed about three

The committee consisted of

DICK WILSON as Chairman, BOB MOUSSEAU, LOUIS TWISS, JR., and

It was discussed that JACK STEELE was supposed to

line everything up for the rodeo but he had not done anything

JACK POURIER and his son were present at the

meeting and discussed the cost of providing rodeo stock.

JACK STEELE and his partner, a man named KRAMER, arrived

at the meeting.

STEELE and his partner wanted a percentage of

the dies earn had as let tae 5200. Aftex

A day or two later JACK POURIER agreed to supply the

stock and help at the rodeo for a 50-50 split of the profit with

the tribe.

TWISS said it was his understanding WILSON and

MOUSSEAU would take care of council resolution allowing POURIER

to handle the rodeo.

TWISS further stated he worked at the rodeo

as the arena director.

He stated that there was no control over

sales at the gate as no tickets were sold.

Оп.

10/16/69

_ot.

Pine Ridge, South Dakota

_ File # MP 70-5434

by_

SA DONALD M. WOODRING rfs

Dote dictated__ 10/20/69

lis documont contains neither recommendations nor conclusions of the FBI. It is the property of the FBI and is loaned to your agenc

and its contents ate not to bo distributed outside your agenc

- 52 -

NW 68262 Docld:32989685 Page 171

---

## Page 172

FD-302 (Rov, 4-95-64)

FEDERAL BUREAU OF INVESTIGATION

October 24, 1969

Date_

JERRY GLAZE provided the following information:

He is the Director of Educational Sales

of Dakota

Leasing Company, Inc., 717 St. Joseph Street, Rapid City.

He had made arrangements through negotiations with DICK WILSON

for a payment of $750 per year for

a term of five years. The title to this equipment would pass

to the tribe at the completion of the five-year term.

The equipment involved includes a rodeo arena consisting

of bucking chutes,

corrals, holding pins, roping chutes, roping

corrals,

and a loading chute.

This equipment was purchased fron

BEN BRUNE, Route 2, Box 136, Sioux Falls, South Dakota.

GLAZE provided a xerox copy of the contract with the

tribe which is dated July 15, 1969, signed by ROBERT J. MOUSSEAU,

WALLACE LITTLE FINGER,

THEODORE TIBBITTS, and ENOS POOR BEAR for

the tribe,

and by G. E. BARBER, Vice President fox Dakota Leasing.

!

10/15/69

On_

Rapid City, South Dakota

MP 70-5434

File #_

SA DONALD M. WOODRING:rfs

by_

Dato dictated

10/20/69

Tand co contention the defend unide of obero of the l. l the preparty of to lon one on o

NW 68262 Docld:32989685 Page 172

---

## Page 173

September 7, 1972

1 - Mr. Arendt

11s.

Felt

Baker.

Bates

Bishop

Callahan

Cleveland

Conrad

Dalbey

Jenkins

Marshall

Miller, E.S.

Walters

Tele. Room -

Mr. Kinley

1419721

NW: 68262-Docld:32989685_Page 173

•pa. Noonan

MATT, POOn

Kr. Dick/iilson

Brestdent

Moglala sious Tribe

Pine Ridge, South Dakota 57770

C.GP

Dear Mr. Wilson:

This is to acknowledge receipt of your

letter dated August 30, 1972, with two enclosures.

I have instructed a representative of

our Minneapolis Office to contact you relative

to the matters you make reference to in your

letter.

Sincerely fours,

• MALED E *

SEP 7 - 1972

FBI

Io Patrick Gray III

I. Patrick Gray, JI EX-116

Acting Director

HWA/11h

(4)

SEE NOTE PAGE TO . .

3122

19 SEP 8 1972

2 - Minnéapolis

NOTE TO SAC MINNEAPOLIS: Reference is made to Bureau

Reservation;

relates to referenced

airtel.

DTP

curs

---

## Page 174

NOTE: Dick Wilson advises he has received complaints concerning

a lack of investigations made against non-Indians who are alleged

to have committed crimes against Indians. He belleves part of

the fault lies with the Agent assigned to investigate these cases

inasmuch as he believes this Agent has been assigned there too

long.

The two letters that were enclosed to his letter appears

to relate to the same case wherein 3 calves were stolen by a

non-Indian on the Pine Ridge Reservation and the U. S. Attorney

apparently failed to prosecute the person responsible. Bureau

indices reffect that Wilson may be identical to Orlin Wayne Wilson,

aka, subject of Bufile 89-140, who together with other sioux

Indians in October, 1954, were arrested for assaulting 3 members

of the U. S. Indian Service, Pine Ridge, South Dakota.

Wilson and others were subsequently indicted by the Federal

Grand Jury, Omaha, Nebraska; however, the indictment against

him was dismissed

in May, 1956. Minneapolis being instructed

to contact Wilson for specifics referred to in his letter and

to advise the Bureau by COB 9/15/72, results of contact.

-

2

NW 68262 Docld:32989685 Page 174

---

## Page 175

OGLALA SIOUX TRISH

PINE RIDGE, SOUTH DAKOTA 57770

TELEPHONE 605/867-5821

DENT: DICK WILSON

PRESIDENT: DAVE LONG

ETARY: TOBY EAGLE BULL

SURER: EMMA T. NELSON

MEMBER: EVERETT LONE HILL

Office of Dick Wilson, President

1 AUg. 30, 1972

United States Department of Justice

Federal Bureau of Investigation

Washington, D.C.

Dear Sir:

Enclosed are copies of letters I have received relative to law enforce-

ment on the Pine Pidge Indian Reservation. In addition to these letters

several athor corplaints have come to me relative tp the lack of proper

investigations mads ageinst non-Indians alleged to have cormitted crimes

against Indian geople.

I, believe pert of the fault lies with the agent assigned to investigate

the 14 major crimes here on the Pine Ridge Indian Resemation inasmich

as I believe he has been assigned hera too long.

I also believe that the

Burpen of indien Affairs shouid novemp weir law enforcerent sveten and

take their enforcerent system out c politics. The record of convictions

in the federel. count will cear these allegations out.

No District Attroney

could possibly lose as many cases es our present District Attorey has iê.

proper investigations were made on the crimes cormitted and brought before

the court.

Your immeriate attention and aotion in this matter will be greatly

appreciated by 211 remiers of tre Celia Sicus Tribe, I am sure.

Respectfully yours,

Quit Witho

Dick Wilson

President. of the Paleis sion Trine

Fnc1.

ce; Presinient, Richard Mixen

NW 68262 Docld:32989685 Rage 075r Negorann

---

## Page 176

1.

Geraid M. Clifford

P. 0. Box 58

Manderson, South Dakota

August 24, 1972

Mc. William Clayton

Unitea Staïes Attorney

Sioux Falls, South Dacota

Dear Mr. Clayion:

I have every season to believe that the handling of major crimes on

the Pine Ridge Reservation by your office including the proper investig-

ative, case building procedure, and prosecution has been far irom adequate.

I am particulariy concerned because of my personal experience with the

hit and sun death of my father ana your failure to get a conviction oi the

man responsible and nor ine theit of his cattie.

You may recail in a

special session of the United Siour Tribes at Pine Riage, Souin Darova jaut

spring at which you were present I specifically called or you to accept and

prosecute complaints of Indian câtülemen.

Let me describe to you facts regarding the handling

theft of caives

from my father's estate, which in my estimation is a disgrace to ine viroie

Federal

systen of law.

1.

Three calves were stolen irom my father's estate on or about

Juiy 5, 1.972.

2. Only july 6, 1972, Billy anà Danny Grooms sold four caives at

the Gordon, rebraska sales ring.

3. One oi the four calves had my fathers brana on it (USO RR). The

other calves were slich, i.e. no brands.

4. The brand inspecior held up the check of the branded cali. Ine

others were sola ana checx receivea.

5. On July 8, 1972, Une Pine Ridge Tribal Doiice called my home.

6. Late on July 8, 1912, my vida cailed ma st Denver, coloraio,

where I was atuending a business meeting.

•7.

I drove to Nanderson, South Dakota, contacted a Tribai Dorca

officer .. ne picked me in on July a, 1972 and ve drova to

Gordon, Nebraska.

I identifica she cari.

The officiais at

Gordon

asked me if i wanted the call or the money.

I respondca

I mint to proscouts the thie. The rosponse was - ve can't do

anyining - it is an Indian cor.

Tipi•.

....

8.

I spent two days trying to get some one to carry out an edequate

NW 68262 Docld:32989685 Rage fidation, had to wane ny own arrangements for hauling the

and its acher to a place were tribai orsicals

---

## Page 177

Mr. William Clayton

Page II'

could watch it. And in short, initiatea all action myseii

, to insure that there would de

a case - including seeing that

pictures were taken.

9.

Ihree weeks after the theit, I finally receivea a call iron

my wife (from Manderson; South Dakota - I was in Derver,

Colorado) - her message - the F.B.I. invastigator is here and

wants to talk to you.

Ine investigator asiceà ii I tolid

testify in the event of a trial. (I paid jor the phone call,

These are the facts. Now I would like to submit to you my opinion.

A. Investigative procedure:

1.

Because the theit of Indian cattle by white-men on the

reservation is a common occurance, and because prosecutior

has süch a poor record of convictions - I suggest a

special program to train reuerer law enzorcement. Officers

or that ma did PIA on now to investisate cattle rustine.

i suggest training in evary area o

investigation.

2.

I further suggest that BIA law inforcement officers be

removed from line authority of Agency, and Ares offices an?

that they function only out of a centrai office independent

of polivical control.

3.

against Indians.

. B.

Prosecution:

1. I suggest the U.S. Attorney's office request irom the

Federal. Government an adequate buâget to efrecü a reasoradie

approach to prosecution.

2.

I susgest thai jurors in federal court be Indians fron tra

reservations vhere the crime is comitiea.

c.

Finally and above all I woula suggest scraning tre whole syste

with action by congress to set up a Najor Indian Crimes Justice

system using Iribai juages and courts inciuding the prosecution

wnite-men on Indian reservations by Indian counts. Waür powers

by trival courts do convict non-indians to faderal prisces.

In sumary, I do nope you fuitial your commission as ü. S. Attorney in fois

matter of prosecuting the theives no are a menace to Indian socieu.

NW 68262 Docld:32989685 Page 177

---

## Page 178

Mr. William Clayton

Page III

Enciosure:

COPIES SENT TO :

Senator McGovern

Senator Mundi

Congressmen Abourez's

Senator Kennedy

Senator harris

Senator MeGee

William Klinedinst

Louis R. Bruce

Michell Melick

Carleton Stoiber

Richarà Wilson

Wester Two Zaws

Theodore Tiobitts

0. Traverse

Sam Deioria

Tim Vollmann

NW 68262 Docld:32989685 Page 178

---

## Page 179

ly Director

E Echoh.suk

ners

sh 1 Brechne

nas W Fredericks

nes: 11158305

te T. Knighi

irt S. Puicyrer

mask. Snuthson

eil Taate

les f. Wilkinson

ne to the Direck

•Carpente

afive American Rights Fur!

#roadway • Boulder, Colorado 30302 (303) 447-8765

Read los tron Cherniers

171HDS00ee SW

1.10111

1202 Pos dien

rul ditten

streme Bull I

2 August 1972

William Clayton

nited. STATES ATTACKEY

sious, Filli, South Drea

NW-68262-Docld:32989685-Page 179.

Mr. Gerald Clifford

Executive Director

Coalition of. Indian

Controllea School Boards

770 Grant, Suite I

Denver, Colorado

80203

Dear Sir:

Regarding the theft of your cattle by a white

man on a "closed"

portion of the Pine Riage Reservation,

it is clear that the

U.S.

Attorney has jurisdiction to

prosecute the thier.

Section 1152 of Title 18 of the

U.S. Code provides

that the general laws of the United

States as

to the punishment of offenses committed within

the exclusive jurisciction of une united states shall

extena to Indian country.

Section 13 of that Title

provides that the laus of the suates

are incorporated into

federal law for areas witnin federa jurisdiction.

fore, the soush Dakota laws with respect to larceny and

burglary are applicable to indian country and are to be

applied by tne

federal prosecutor. There is no doubt

that Section 1152 applies to crimes committed by non-

Indians against indians in Indian country:

See, e.g.,

Acunia v. Unitea States, 404 E. 2à 140, 141 (9th Cir.

1968).

It is also clear hat the state prosecutor has

no jurisdiction over crimes ecumitted by non-Indians

against Indians on the

"ciosed" portion of the Pine Ridge

Reservation.

The Solin Dakota Supreme Court has held trai

such areas are

within the axclusive jurisdiction and autho-

rity of the United Staies. In re liieh Pine, 78 S.D. 121,

99 N.W. 2à 38 (1959):

Thus, 11 the ü.S. Attorney jaiis to pecsacute the

thiei, it amounis to no less

than a shirking of his cuty.

Keep an eye on his conduct during the case, and let us kno

if you are dissatisfied with

his prosecution of the mauver.

Very trily yours,

...I:. t

i.,

Tim Voilmanj

Law Clerk

....

..!:

---

## Page 180

FD = 33 (Rev. 12-19-67)

silb

FEDERAL BUREAU OF INVL STIGATION

REPORTING OFFICE

MINNEAPOLIS

TITLE OF CASE

CHANGED

ROBERT JAMES MOUSSEAU

OFFICE OF ORIGIN

MINNE APOLIS

DATE

7/21/70

INVESTIGATIVE PERIOD

7/1 - 13/70

REPORT MADE BY

JOHN E. MC CARTY

CHARACTER OF CASE

CIR - EMBEZZLEMENT OF TRIBAL

PROPERTY; LARCENY

Title is changed to include middle name of subject, and to

delete name of subject RICHARD A. WILSON, as charges against

him have been dismissed, as previously reported.

TYPED BY

jss

REFERNCE

Minneapolis report of SA JOHN E. MC CARTY dated 1/30/70.

-P-

LEAD

MINNE APOLIS

AT RAPID CITY, SOUTH DAKOTA

Will follow and report sentencing of subject.

ACCOMPLISHMENTS CLAIMED

SE NONE

FUG.

FINES

SAVINGS

RECOVERIES

ACQUIT-

TALS

SPECIAL AGENT

IN CHARGE

CASE HAS BEEN:

PENDING PRESENT EYES ENO

OVER SIX MONTHS

DO NOT WRITE IN SPACES BELOW -

5

REC-3

EX-117

CONVIC AUTO.

APPROVED

COPIES MADE:

Bureau (70-51157)

I - USA, Siows Falls, South Dakota

2 - Minneapolis (70-5434)

Dissemination Recold of Attached Report

Agency

Request Recd.

5/4/12

Date Fwd.

How Fwd.

NW 6826/664A44539685 797D180

JUL 2 1 1370

-7.1

Notations

GPO: 1968 0 - 299-885

---

## Page 181

FD 204 (lev. 3-3-59)

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

Copy to:

1 - USA, Sioux Falls, South Dakota

Report of: JOHN E. NO CARTY

Date:

July 21, 1970

Field Office File #: 70-5434

Title:

ROBERT JAMES MOUSSEAU

Office: Minneapolis, Minnesota

Bureau File #: 70-51157

Character:

Synopsis:

CRIME ON INDIAN RESERVATION - EMBEZZLEMENT

OF TRIBAL PROPERTY; LARCENY

No date for

sentencing set.

-₽ -

DETAILS

AT RAPID CITY, SOUTH DAKOTA

Dakota before Judge ANDREW W. BOGUE. At that time MOUSSEAU

entered a plea of guilty to

an information filed that date

charging him with two counts of Petty Larceny, in violation

of Title 18, Section 1153, United States Code.

Mr. AUGUSTINE advised no date for sentencing of

MOUSSEAU was set by the court.

He also advised the embezzle-

ment charges will be dismissed when MOUSSEAU has been

sentenced.

- 1*-

This document contains neither recommendations nor conclusions of the FBI. It is the property of the FBI and is loaned to your agency; it and its contents

are not to be distributed outside your agency.

NW 68262 Docld:32989685 Page 181

---

## Page 182

FD-263 (Rev. 12-19-67)

FEDERAL BUREAU OF INVESTIGATION

7-15

REPORTING OFFICE

MINNEAPOLIS

TITLE OF CASE

OFFICE OF ORIGIN

MINNEAPOLIS

DATE

1/30/70

REPORT MADE BY

JOHN E. MC CARTY

CHARACTER OF CASE

INVESTIGATIVE PERIOD

1/22 - 23/70

TYPED EY

rfs

CHANG ED

ROBERT JAMES MOUSSEAU;

RICHARD ALLEN WILSON,

aka

Orlin Wayne Wilson

CIR - Embezzlement of

Tribal Property

Title is changed to include midale names of subjects, and

alias of WILSON as set forth in his Identification Record.

REFERENCE: Minneapolis report of SA JOHN E. MC CARTY 12/16/69.

- p* -

ADMINISTRATIVE: Disposition sheet on WILSON has been submitted to Bureau.

LEAD

MINNEAPOLIS DIVISION

AT RAPID CITY, SOUTH DAKOTA

On or about 5/20/70, will recontact UsA to determine

prosecutive status of this case.

CONVIC

AUTO.

FUG.

ACCOMPLISHMENTS CLAIMED

FINES

SAVINGS

APPROVED

SPECIAL AGENT

IN CHARGE

COPIES MADE:

- Bureau (70-51157)

I - USA, Sioux Falls, South Dakota

2 - Minneapolis (70-5434)

(X) NONE

RECOVERIES

ACQUIT-

TALS

CASE HAS BEEN:

DO NOT WRITE IN SPACES BELOW

Si:.

EYES EXINO

Dissemination Record of Attached Report

11C

Agency

Request Recd.

Date Fwd.

How Fwd.

0-1 to Mennapaio

Nw 262 Bood Fedo 88712

Notations

REC-55

-tw.

NAther?

GPO: 1968 0 - 299-885

DARC

---

## Page 183

FD-204 (Rev. 3-3-59)

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

Copy to:

Report of:

Date:

Field Office File #:

Title:

Character:

Synopsis:

I - USA, Sioux Falls, South Dakota

JOHN E. MC CARTY

January 30, 1970

70-5434

ROBERT JAMES MOUSSEAU;

RICHARD ALLEN WIISON

Office: Minneapolis, Minnesota

Bureau File #:

70-51157

CRIME ON INDIAN RESERVATION -

EMBEZZLEMENT OF TRIBAL PROPERTY

Subject's Identification Records and descriptions set

for June, 1970, term of USDC on remaining indictment.

-P*-

Details:

AT RAPID CITY, SOUTH DAKOTA

By communication received December 11, 1969, the

Bureau furnished the following Identification Records for the

subjects:

- 91-31

i

---

## Page 184

UNITED STATES DEDARCAENY OF TUSTICE 12-10-69 431 PAT

CEDERAL BUREAU OF INVESTIGATIO

WASINGTON 25. D. C.

The following FBI Iccord, NUMBER

CONTRIBUTOR OI

INGERPRINIS

NAME AND NUMBER

129 200 B

ARRESTED

RESEIVEDOR

Direcior.

, is lunished FOR OFFICIAL USE ONLY.

CHARGE

DISPOSITION

PD Hot Springe

SDak

PD Aberdeen SDal

USH Sioux Falls

SDok

Rolas: Janos

Housseau

#E? O179

Rolart Janes

Housseau

#62-1.79

Robart James

MOUSseau

#8410-1216

3m2.9." G1.

pub intos

3en2 4400 52

PI

F $13 2USD 22

Leave torn

SX:

I $25.

12-1-69

embezzlement,

5. cts.

Ct-2

enblezalement

and conspixach

• : .

Robin# +9564012a2

70-5134

Information slown on this Identificalion Recold represents data furnished Ell by fingerprint contributo.s.

Where final disposition is not shown or further explanation of charge is desired, communicate with agincy

NW 68262hpowa:329896839pagerf84

are tAt krend no fincararints in 13T files but are listed only or invastinative loads

---

## Page 185

UNITED STATES DEPARTART OF JUSTICE

DERAT, BUREAU CF INVESTICAMOI

WASHINGTON, P.C. 20587

18-10-09 131 3AT

The following FBI record, NUMBER

129 206 E

, is furnishad FOR OFFICIAL USE ONLY.

Information shown on this Identification Record reprosents data furnished FOl by fingerprint contribulors. WHERE

FINAL DISPOSITION IS NOT SHOWIN OR FURTHER EXPLANATION OF CHARGE IS DESIRED, COMMUNICATE

WITH AGENCY CONTNBUTING THOSE FINGERPRINIS.

CONTIISUTOR OF

FINGERPRINTS

NAME AND NUMSER

ARRESTED OR

RECEIVED

CHARGE

DISFOSITION

CCr

FB.I

Minneapolis, Minn

Notalions indicated by * are NOT based on fingerprints in FBI files but are listed only as investigative leads as

being possibly identical with subject of this record.

NW 68262 Docld:32989685 Page 185

John Edgar Hoover

A'cades

---

## Page 186

UNITED

STATES BESARTIONT OF JUSTICE

FEDERAL BURSAM OF INVESTIGATIO

WASHINGTON, D.C. 2352°

12-9-09 6? Fi.

The following FBI record, NUMBER

• 772 788 B

, is furnished FOR OFFICIAL USE ONLY.

Information showm on this Identification Record represchis data furnished FDI by fingerprini contributors. WHER?

FINAL DISPOSITION IS NOT SHOWN OR FURTHER EXPLANATION OF CHANGE IS DESIRED, COLAMUNICATE

WITH AGENCY CONTRIBUTING THOSE FINGERPRINTS.

CONTRIGUTOR OF

ARRESTED OR

FINGERSRIITS

NAILE AND NUMBER

RECEIVED

CHARGE

DISPOSITIO:

SO Martin SDak

USM Sioux Falls

SDak

SO Rushville

Nebr

USM Sioux Falls

SDak

Richard W

14150n 87-631

Orlin Wayne

W1:150n 14033-

Richard A

Wilson

-70-5

Richard Allen

Wilson $8410-

1221

116-71609

46-241

6-8-54

11-15-54

12-24-56

12-1-69

reckless driv &

aslt

PC rel

asle on Fed

officer

no acct cik

57-3231

Ct.l-embezz1e-

ment

Ct2-conspiracy

Notations indicatod by * are NOT bused on fingerprints in FBI files but are listed only as investigative leads as

being possibly idenlical with subject of this record.

NW 68262 Docld:32989685 Page 186

John Edgar Hoover

Diractor

---

## Page 187

2

STAYES EPRETeN OF

FEDERAL DURRAU OF LIVESTIGATI

WASHINETON, B.C. 20557

32-9-09 6'7 Pi':

:.

The following FBl record, NUMDER

• 772 788 B

, is furnishod FOR OFFICIAL USE ONLY.

Information shown on this Identification Record represents cata furnished Fbi by fingerprint contributors. WHERE

FINAL DISPOSMION IS NOT SHOWN OR FURTHER EXPLANATION OF CHARGE IS DESIRED, COMMUNICATE

WITH AGENCY CONTRIBUTNG THOSE FINGERPRINTS.

CONTRIBUTOR OF

ARRESTED OR

FINGERPRINTS

MAHE AND NUMBER

RECEIVED

CHARGE

DISPOSITION

CC:

FBI

Minneapolis linn

arcorded,

Notations indicatod by * are NOT based on fingerprinis in FBI files bui are listed only as investigative leads es

NW 6626ingoalatta adstilageilebubject of this record.

---

## Page 188

MP 70-5434

Name

ROBERT JAMES MOUSSEAU

Sex

Male

Race

American Indian

DOB

March 13, 1939

РОВ

ine Ridge, South Dakot

Height

8 1781

Weight

215 pounds

Hair

Eyes

Black

Brown

Build

Medium

Marital status

Mancied

Social Security #-

JFK Act 5 (g) (2) (D)

Name

Sex

Race

DOB

РОЗ

Height

Weight

Build

Hair

Eyes

Marital status

Social Security #-

RICHARD ALLEN WILSON

Male

American Indian

April 29, 1934

Pine Ridge, South Dakot:

+8 911

200 pounds

Stocky

Black

Brown

Married

JEK Act 5 (9) (2) (D)

By communication received January 23, 1970, Assistant

U. So Attorney R. Do HURD advised that on January 22, 1970, an

Order of the Court was filed dismissing the indictment as to

U.S. District Court at Deadwood, South Dakota.

-6%-

NW 68262 Docld:32989685 Page 188

---

## Page 189

- ire. 12-19-67)

FEDERAL

2.15

STIGATION

REPORTING OFFICE

MINNEAPOLIS

TITLE OF CASE

BUREAU OF INVE

OFFICE OF ONCE Y

MINNEAPOLIS

16-

DATE

12/16/69

REPORT MADE BY

JOHN E. MC CARTY

CHARACTER OF CASE

INVESTIGATIVE PERIOD

11/24 - 12/12/69

TYPED BY

dja

ROBERT J.

MOSSEAU;

RICHARD

A. WILSON

CIR - EMBEZZLEMENT OF TRIBAL PROPERTY

REFERENCE

Minneapolis report of SA DONALD M. WOODRING,

11/7/69

-P-

LEADS

MINNEAPOLIS

AT RAPID CITY, SOUTH DAKOTA

1. Will obtain descriptions of each subject.

2. Will follow and report prosecutive action.

CONVIC. AUTO.]

FUG.

ACCOMPLISHMENTS CLAIMED

FINES

SAVINGS

LONNONE

RECOVERIES

ACQUIT-

TALS

CASE HAS BEEN:

PENDING OVER ONE YEAR DYES CONO

PENDING PROSECUTION

OVER SIX MONTHS

DYES EINO

APPROVED

COPIES MADÉ:

SPECIAL AGENT

IN CHARGE

2

Bureau (70-51157)

/:.

DO NOT WRITE IN SPACES BELOW

REC-35

RAISES CONTENTI

I - USA, Sioux Falls, South Dakota

2 - Minneapolis (70-5434)

9 DEC 18 1969'

Notations

Dissemination Record of Attached Report

Agency

Request Recd.

Date Fwd.

12/23

How Fwd.

By

-..

NW 68262 Docld:32989685 Page 189

doss

581/622

COVER PAGE

jir!

GPO: 1968 0-299-885

---

## Page 190

..rev. 3-3-59)

UNDED STATES DEPARTMENT OF OSTICE

FEDERAL' BUREAU OF INVESTIGATION

Copy to:

Report of:

Date:

Field Office File #:

Title:

I - USA, Sioux Falls, South Dakota

JOHN E. MC CARTY

12/16/69

70-5434

ROBERT J. MOSSEAU;

RICHARD A. WILSON

Office: Mimeapolis, Minnesota

Bureau File #:

70-51157

Character:

CRIME ON INDIAN RESERVATION - EMBEZZLEMENT

OF TRIBAL PROPERTY

Synopsis:

Facts of case presented to FGJ, true bill

returned,

and indictments returned 11/24/69, charging

MOSSEAU with five counts of embezzlement and misapplication

of tribal funds, and charging MOSSEAU and WILSON with two

counts of conspiring to convert to the use of MELVIN POURIER

tribal funds and of converting the same to MELVIN POURIER, in

violation of Title 18, Sections 1163 and 371, USC. Each

subject appeared before USC, 12/1/69, and WILSON released

on $1,000 surety bond. MOUSSEAU released on total of

$2,000 surety bonds. to appear at June 1970 term of USDC.

-P-

DETAILS:

AT SIOUX FALLS, SOUTH DAKOTA

On November 24, 1969, the facts concerning this

case were presented to a Federal Grand Jury at Sioux

Falls.

is does it on tes ether ere not so be dis on let ol ha, " 1s the property of the FBi and is loaned io

NW 68262 Docld:32989685 Page 190

---

## Page 191

MP 70-5434

By communication received December 4, 1969,

Assistant U.

S. Attorney R. D. HURD advised that on

November 24, 1969 true bills were returned by the grand

jury and indictments filed the same date charging subjects

as follows:

Indictment number one charged MOUSSEAU with

five counts:

1. Embezzling and converting to his own use $101.12 of

tribal funds.

2.

Embezzling and converting to his own use $47.42 of

tribal funds.

3. Embezzling and converting to his own use $250 of tribal

funds.

4. Converting to his own use $85 of tribal funds.

5. Misapplication of $1,600 of tribal funds.

All are in violation of Title 18, Section 1163,

U. S. Code.

The second indictment charges MOUSSEAU and WILSON

as follows:

sun oh they converted to the use of one MELVIN POURIER the

1163 and 3B0th a's. D tolation of Title 18, Sections

on December 1, 1969. WILSON was released on 51,000 surety

bond and MOUSSEAU was released on a total of $2,000 surety

bonds, with each released to the dine term term of U.s.

District Court at Deadwood, South Dakota.

- 2*--

NW 68262 Docld:32989685 Page 191

---

## Page 192

OPTIONAL FORM NO, 10

5010-106

MAY 1962 EDITION

GSA GEN. XEG. NO, 27

UNITED STATES GOVERNMENT

Memorandum

17

D.

TO

NIr.

FROM : J.

E. O'Cons

SUBJECT: PINE RIDGE INDIAN RESERVATION

SOUTH DAKOTA

CRIME ON INDIAN RESERVATION -

AMERICAN INDTAN MOVEMENT

DATE: 3/4/75

1 - Mr. Gebhardt

1 - Mr. O'Connell

Mr.

Gordon

- Mr.

McGowan

- Mr.

Wannall

- Mr.

Mosher

I - MT.

Mintz

1 - MI. Moore

tomin. -

-omp. Syst. -

Ext. Affairs

Fires & Com.

sen. Invit

Inspection

Intell. _

Laboratory

Plan. & Evol. _

Spoc. Inv. -

Training -

Legal Coun. _

Telephone Rm. _

rector Seç'y -

This is to advise concerning the current situation at

the Pine Ridge Oglala Sioux Indian Reservation, Snuth Dakota,

as of 3/4/75.

There have been no major disturbances in the past

24 hours and twenty persons have been interviewed concerning

alleged CIR vinlations which have occurred on the Pine Ridge

Reservation since 2/26/75.

Regarding the shooting into a tribal vehicle from an

American Indian Movement (AIM) van by AIM members, one witness

positively identified Tommy Poor Bear as firing the weapon.

Russell Means was identified as being in the van shortly prior

to the shooting.

NW 6826276

Regarding the allegation of an assault by

Richard Wilson, Sr., President of the Oglala Sioux Tribal Council

on Wounded Knee Legal Defense/Offense Committee (WKLDOr.) members,

a witness advised Wilson left the Pine Ridge Airport prior to

the time of the assault 2/26/75.

It has been determined the

shooting into the aircraft rented by the WKLDOC may have been

• AlN personnel including Russell Means. Attempts were made

through an intermediary on 3/3/75, to interview Means who is

presently incarcerated in Pennington County, South Dakota,

Jail where Means is bring charged with Assault with Intent To

Kill and held in lieu of $50,000 bond as a result of the

shooting of Martin Hontileaux on or about 3/2/75 in a bar at

Scenic, South Dakota.

Minneapolis telephonically advised

Means declined to be interviewed and the Agent

observed a bandage on ting check and blood on ais

shirt.

12

It was alleged if'the REG neapolis star nevspaper

3/3/75, which

quoted an AIM spokesman who stated, Russell Means,

when arrested

Sheriff's

Deputies leaving a three inch gash under his -eye

JCG/dy/

72 MAR 11 1975

(9)

Enci

ENCLOSURI

CONTINUED, OVER

11485685-Pa1875

54

---

## Page 193

O'Connell to Gebhardt Memo

RE: PINE RIDGE INDIAN RESERVATION

bleeding before being taken to the hospital at the insistence

of his attorney.

Departmental Attorney Dennis Ickes, Director,

Office of Indian Rights, Civil Rights Division, who was on

the scene authorized the Minneapolis Division to conduct a

preliminary civil rights investigation and Assistant U. S. Attorney

R. D. Hurd has authorized Minneapolis Agents to interview

Means•

With regard to recent arrests (off the reservation)

at Hot Springs, South Dakota, regarding individuals who were

transporting firearms, ammunition, dynamite, and blasting caps

oy the south Dakota Highway Patrol, all are

currently confined

in the Fall River County, South Dakota, Jail, in lieu of

$50,000 bond each.

It was reported Alcohol; Tobacco,

Firearms has filed Federal charges in regard to the firearms

and explosives recovered at the time of arrest and has also

impounded the vehicle.

The civil rights phase is being coordinated in the

General Investigative Division and the Civil Rights Division of

the Department has been orally advised.

attached 3/3/75 Minneapolis

Information contained in the/teletype (excluding the

administrative data) has been disseminated to the appropriate

agencies.

This entire matter is being coordinated by the

General Investigative Division with the Intelligence Division.

ACTION: For information.

JCG CHIE.

dive

-

2-

NW 68262 Docld:32989685 Page 193

---

## Page 194

COMRUMICATISIE SECTION

" 06-107

NR019 MP CODED

URGENT 3/3/75 RG SENT 5:30 AM 3/4/75 RG

TO DIRECTOR

OMAHA

FROM MINNEAPOLIS 157-1458

ATIN: JOHN C. GORDON, GENERAL CRIMES UNII, GID, ROOM 5078

ATIN: INID

Assoc. Dir. -

Dep.-A.D.- Adm

Asst. Dir.:

Admin.

Crimp. Sust.

Ext.

Affairs

Files & Co.n.

Gen. InT.

Ident.

Jaspection

Itt oil.

Langtory

Plan. ü Liral -

Spec. Inv.

Trining

Loral Coun. .

Irsephone Is =

Dirit or Sac'g

Re5018

AMERICAN INDIAN MOVEMENT; EM-AIM

SUMMARY TELETYPE

HOT SPRINGS, SOUTH DAKOIA, MARCH 3, 1975. NO MAJOR DISTURBANCES HAVE

OCCURRED ON PINE RIDGE RESERVATION IN PAST 24 HOURS.

REGARDING ALLEGED SHOOTING OF TRIBAL VEHICLE BY AMERICAN INDIAN

MOVEMENT (AIM) MEMBERS:

ENCLOSURE

ONE WITNESS POSITIVELY IDENTIFIES TOMMY POOR BEAR AS

FIRING WEAPON AI VEHICLE. TENTATIVELY IDENTIFIES WEBSTER/POOR BEAR

AS BEING AI SCENE WITH HEAPON. REDECLONE, RUSSELL MEANS, AND RICHARD!

XMARSHALL IDENTIFIED AS BEING IN VAN SHORTLY PRIOR TO SHOOTING.

BILL MESTETH TENIATIVELY IDENTIFIED AS BEING WITH VAN AT SCENE OF -

U55S

REC5

DAG

AAG

O'Connelin

DOI, Usmarshall Offee,;

Entunal security Sectione

ethic mess MA7 11 1975

General triniel Dectione

car 4,2975

Tes: dt

NW 68262 Docld:32989685 Page 194

---

## Page 195

PAGE TWO; MP 157-1458

SHOOTING. WITNESSES WHO VIEWED VEHICLE AFTER SHOOTING STATED

RICHARD WILSON, JR., ALSO KNOWN AS MANNY, IDENTIFIED "AIN" AS

HAVING SHOT UP THE CAR.

S. DaK

REGARDING ALLEGATION OF ASSAULI BY RICHARD WILSON, SR., ON

WOUNDED KNEE LEGAL DEFENSE/OFFENSE COMMIITEE PERSONNEL:

WIINESS IDENTIFIED WILSON AS BEING IN TRIBAL OFFICE AT

APPROXIMATELY THREE P.M., FEBRUARY 26, 1975. ANOTHER WITNESS

OBSERVED VEHICLE, APPARENTLY THAT OF ROGER FINZEL, PULL INTO AIRPORT

PRIOR TO ASSAULI. SAME WITNESS ADVISED WILSON LEFT AIRPORI PRIOR

TO TIME OF ASSAULT.

REGARDING SHOOT NG OF AIRCRAFT AT PINE RIDGE AIRPORT:

ONE WITNESS SAW RICHARD MARSHALL WITH RIFLE AND RUSSELL MEANS

AT AIRPORT TOGETHER WITH FOUR MEN WITH RIFLES, TWO WITH

SHOTGUNS, AND ONE WITH HANDGUN. AT SAME TIME SAW TWO CARS IN GROUP

WITH MEANS VAN CIRCLING IN AIRPORT AREA AND HEARD SHOTS BEING FIRED

AS CARS WERE NEAR AIRCRAFT.

IT APPEARS, THEREFORE, AIM PERSONNEL MAY HAVE FIRED SHOTS INTO

AIRCRAFT RENTED BY WOUNDED KNEE LEGAL DEFENSE/OFFENSE COMMITTEE

(W KLD/OC) PERSONNEL.

ATTEMPT MADE MARCH 3, 1975, IO INTERVIEW MEANS AND MARSHALL BY

NW 68262 Docld:32989685 Pagé 195

[

---

## Page 196

I.

PASE THREE; MP 157-1458.

BUREAU AGENTS AT RAPID CITY, SOUTH DAKOTA, REGARDING THE ALLEGED

ASSAULI BY RICHARD WILSON, SR., AND THE SHOOTING OF AIRCRAFT

AT PINE RIDGE AIRPORT. BOTH DECLINED TO BE INTERVIEWED..

REGARDING MARCH, 1975, ARRESIS AT HOT SPRINGS, SOUTH DAKOTA:

SHERIFF, FALL RIVER COUNTY, SOUTH DAKOTA, ADVISED PHILIP

BAUTISIA, MARK ANTHONY POWLESS, HERBERT GEORGERPOWLESS & ALL FROM

MILWAUKEE, WISCONSIN), JAMES FREDERICK WARBONNET & MISSION. SOUTH

DAKOTA) • ANITA

DRÉAMING BEAR, MADONNA/SLOW BEAR, AND MARKOHIEF EAGLE,

ALSO KNOWN AS MARYCÕRONA ( ALL FRÓM OGLALA, SOUTH DAKOTA) APPEARED

FALL RIVER COUNTY COURT, MARCH 3, 1975. HERBERT POWLESS RETAINED

LOCAL ATTORNEY JOHN ELSTON; REMIANDER REQUESTED COURI APPOINTED

ATTORNEYS. NO PLEAS RENDERED, AND ALL CURRENTLY CONFINED FALL RIVER

COUNTY JAIL IN LIEU OF $50, DOD BOND EACH. BOND REDUCTION HEARING SET

FOR MARCH 7, 1975.

SHERIFF NOTED ALCOHOL, TOBACCO, AND FIREARMS (ATF), US DEPT. OF

TREASURY, HAS FILED FEDERAL CHARGES IN REGARD TO THE FIREARMS AND

EXPLOSIVES RECOVERED AT TIME OF ARREST OF ABOVE INDIVIDUALS. ATF HAS

ALSO IMPOUNDED VEHICLE USED BY GROUP •

REGARDING SHOOTING AT SCENIC, SOUTH DAKOTA, MARCH 2, 1975:

RUSSELL MEANS, RICHARD MARSHALL, AND DAVID CLIFFORD AFFORDED

HEARING AT PENNINGION COUNTY, SOUTH DAKOTA, COURT. COUNTY REPRESENTED BY

NW 68262 Docld:32989685 Page 196

.. sease

---

## Page 197

PAGE FOUR; MP 157-1458

COUNTY ATTORNEY JACK KLAUCH AND ASSISTANI STATES' ATTORNEY MICHAEL

MC GREEDY. MEANS, MARSHALL, AND CLIFFORD ALL REPRESENTED. BY ROGER

A. FINZEL. MEANS AND MARSHALL CHARGED WITH ASSAULI WITH INTENT TO

KILL; CLIFFORD CHARGED WITH ELUDING A POLICE OFFICER, RECKLESS

DRIVING, DRIVING WHILE INTOXICATED, AND FELONIOUS POSSESSION OF A

WEAPON. ALL ENTERED PLEAS OF NOT GUILTY. BOND SET AT $50, DOD FOR

MEANS, $5,000 EACH FOR MARSHALL AND CLIFFORD. ALL REMANDED TO

PENNINGION COUNTY JAIL IN LIEU OF BOND.

ABOVE HEARING ORDERLY AND NO DISTURBANCES OCCURRED.

NEWS ARTICLE APPEARING IN " THE MINNEAPOLIS STAR" NEWSPAPER:

ON MARCH 3, 1975, THE MINNEAPOLIS STAR, A NEWSPAPER OF GENERAL

CIRCULATION, WHICH IS PUBLISHED DAILY IN MINNEAPOLIS, MINNESOIA,

PUBLISHED AN ARTICLE WHICH IN PART STATED AUTHORITIES IN COLORADO

AND SOUTH DAKOTA ARRESTED 20 PERSONS ASSOCIATED WITH THE AMERICAN

INDIAN MOVEMENT (AIM) OVER THE WEEKEND OF MARCH 1-2, 1975, ON

DIFFERENT CHARGES.

THE AMERICAN INDIAN MOVEMENT CAIM) WAS FOUNDED IN MINNESOTA

IN 1968, DEDICATED TO IMPROVING CONDITIONS FOR THE AMERICAN INDIAN.

AIM LED AND PARIICIPATED IN CONFRONTATIONS WITH LOCAL AUTHORITIES

IN SCOTTSBLUFF, NEBRASKA, AND THE RAPID CITY- CUSTER AREA OF

SOUTH DAKOTA. AIM LED THE TAKEOVER AND OCCUPATION OF WOUNDED KNEE,

SOUTH DAKOTA, IN FEBRUARY- MAY, 1973.

NW 68262 Docld:32989685 Page 197

---=

---

## Page 198

PAGE FIVE; MP 157-1458

THE ARTICLE NOTED THAI RUSSELL MEANS AND HIS BROTHER, WILLIAM

VALANS, AIM LEADERS, WERE AMONG THOSE BEING CHARGED. THE ARTICLE

QUOTED KENNETHSTILSON, AN ATTORNEY FOR AIM, AS STATING THE ARRESIS A

scannent rotests 00307-03756

" COORDINATED AN EFFORT TO ATTACK IHE AMERICAN INDIAN MOVEMENI."

THE PENNINGION COUNTY SO, RAPID CITY, SOUTH DAKOTA, STATED

RUSSELL MEANS AND ONE RICHARD MARSHALL WERE ARRESTED FOR SHOOTING O

MARTINMONIGLEAUX IN THE NECK IN A BAR IN SCENIC, SOUTH DAKOIA.

THE

ARIICLE QUOTED AN AIM SPOKESMAN WHO STATED RUSSELL MEANS WAS

ORDERED OUT OF A CAR IN PENNINGION COUNTY, SOUTH DAKOTA, AND

SHERIFF'S DEPUTIES HIT HIM WITH THE BUTT OF A RIFLE, LEAVING A

THREE - INCH GASH UNDER HIS EYE. SPOKESMAN FURTHER SIATED MEANS WAS

JAILED AND LEFT BLEEDING FOR 3 AND 1/Z HR. BEFORE BEING TAKEN TO A

HOSPITAL AT THE INSISTANCE OF HIS ATTORNEY AND THAT THE GASH TOOK

12 STITCHES TO CLOSE.

INFORMATION FROM SOURCES:

ON MARCH 3, 1975, A SOURCE WHO HAS FURNISHED RELIABLE INFOR-

MATION IN THE PAST, ADVISED THAI A RUMOR IS CIRCULATING AMONG AIM

MEMBERS AND SUPPORTERS, PROBABLY THROUGHOUT THE COUNTRY, THAT THE

FBI IS ARRESTING ALL AIM LEADERS THROUGHOUT THE COUNTRY. HE CITED

THE ARRESIS OF SEVERAL AIM MEMBERS IN SOUTH DAXOTA DURING THE

WEEKEND OF MARCH 1-2, 1975. HE STATED THAI IN VIEW OF THIS RUMOR,

NW 68262 Docld:32989685 Page 198

---

## Page 199

Tr.

PAGE SIX; MP 157-1458

DENNIS BANKS, MEMBER OF THE NATIONAL AIM, CENTRAL COMMITTEE, IS

THINKING ABOUT GOING INTO HIDING.

MISCELLANEOUS INFORMATION:

UNITED STATES ATTORNEY WILLIAM F. CLAYTON ADVISED HE WILL

CONSIDER REVOCATION OF RUSSELL MEANS' BOND AFTER REVIEW OF REPORTS

INSTANT MATTERS.

THE ATTORNEY GENERAL OF SOUTH DAKOTA HAS ASSIGNED MEMBERS OF

THE SOUTH DAKOTA DEPARIMENI OF CRIMINAL INVESTIGATION (DCI) TO

ASSIST PENNINGION COUNTY AND FALL RIVER COUNTY AUTHORITIES WITH

THEIR RESPECTIVE INVESTIGATIONS AS OUTLINED ABOVE.

MIKE WINDOM, ABERDEEN, SOUTH DAKOTA, BUREAU OF INDIAN AFFAIRS

BIA) CHIEF, IS ASSIGNING BIA PERSONNEL TO ASSIST DOI IN INVESTIGA-

TIONS ON PINE RIDGE RESERVATION.

ADMINISTRATIVE.

REFERENCE MINNEAPOLIS TELCALL TO BUREAU, MARCH 3, 1975, AND

MINNEAPOLIS TELETYPE TO BUREAU DATED MARCH 2, 1975, ENTITLED

"RICHARD WILSON; UNSUBS; EDA GORDON- VICTIM; WILLIAM ROSSMOORE -

VICTIM, BERNARD A. ESCAMILLA- VICTIM; ROGER FINZEL- VICTIM.

CIR- ADW. "

UACB MINNEAPOLIS WILL UTILIZE CAPTION AS IN INSTANI TELETYPE

TO SUMMARIZE EVENTS SOUTH DAKOTA RATHER IHAN TO

NW 68262 Docld:32989685. Page 195%

---

## Page 200

PAGE SEVEN; MP 157-1458

SUBMIT UNDER THE PRESENTLY OCCURRING RICHARD WILSON CAPTION.

MINNEAPOLIS ASAC ON SCENE AND EIGHT AGENTS OPERATING IN

INVESTIGATIVE CAPACITY. PERSONNEL WILL NOT BECOME INVOLVED IN

MAINIAINING LAW AND ORDER ON PINE RIDGE RESERVATION, AND WILL

EXERCISE ALL EFFORIS TO AVOID CONFRONTATIONS. HOWEVER, BASED ON

EXPERIENCE, CONFRONTATIONS WHICH HAVE PREVIOUSLY OCCURRED HAVE BEEN

SPONIANEOUS AND SUCH CONFRONTATIONS CANNOT BE FORESEEN.

SEPARATE CASES BEING OPENED CONCERNING EACH INCIDENT AND

BUREAU WILL BE ADVISED OF TITLES AND MINNEAPOLIS FILE NUMBERS.

THE SOURCE MENTIONED HEREIN IS MP 4115-E.

A CIVIL RIGHIS CASE IS BEING OPENED BASED ON THE INFORMATION

APPEARING IN MINNEAPOLIS STAR RELATIVE TO RUSSELL MEANS BEING HIT

WITH A RIFLE BY PENNINGION COUNTY SHERIFF'S DEPUTIES.

OMAHA AT NORFOLK, NEBRASKA, DETERMINE IDENTITY OF SALESMAN FOR

COLONIAL RESEARCH PRODUCIS COMPANY WHO WAS AI PINE RIDGE, S.D.,

AIRPORI FEBRUARY 26, 1975. IHOROUGHLY INTERVIEW IO ASCERTAIN ANY

FACIS HE MAY HAVE CONCERNING SHOOTING OF AIRCRAFT AI AIRPORI,

ASSAULI ON THREE MALE AND THREE FEMALE WKLD/OC PERSONNEL, AND

SHOOTING OF TRIBAL VEHICLE.

SUTEL RESULTS.

END.

RSP FBIHQ

5

NW 68262 Docld:32989685 Page 200

---

## Page 201

Assoc.

Dir.

Dep.-A.D.-Ad.B

Dep.-A.D.-In5-

COMMIORICANIONO SECTION

Asst. Dir.:

Admin..

Cony. Most

AmeRile 19

Ext. Affairs

Files & Coin. -

NRD13 MP CODED

Gen. Inv, —m

Ident.

:1156PM NITEL MARCH 4, 1975 AGL

Inspection

Int li.

TO DIRECTOR, FBI

"ity

Eval.

luv.

FROM MINNEAPOLIS 70-8448

T's inine

Jal drun.

§ATTNS JOHN CO GORDON, GENERAL GRIMES UNII, GENERAL INVESTIGATIVE

DIVISION, ROOM 5948.

ATIN: INTD.

PINE

RIDGE INDIAN RESERVATION;..CIR; EM - AIM.

SUMMARY NITEL.

S.ilh.

TWENTY-SIX INTERVIEWS CONDUCTED

ON PINE RIDGE INDIAN RESERVATION,

115830

MARCH 4, 1975. RICHARD WILSON, TRIBAL PRESIDENT, EXPRESSED EXTREME

19

DISPLEASURE WITH JUDICIAL PROCESS ON RESERVATION. WILSON FEELS THERE

IS GREAT NEED TO REMOVE TROUBLEMAKERS FROM RESERVATION THRU LEGAL PRO-

CESS. HE COMPLAINED CONSTANT VIOLATORS NOT BEING PUT IN JAIL. WILSON

STATED PINE RIDGE RESERVATION IS A POWDER KEG AND IT COULD BLOW AT ANY

MOMENT. HE STATED HE WILL NOT PUT OUT THE WORD TO HIS PEOPLE TO

TALK TO THE FBI. WILSON ADVISED HE THEN HAD IMPORTANT MEETING TO

EX-DZ

KEC-25

DUANE BREWER ADVISED THE FIRST ORGANIZATIONAL MEETING IS TO BE

HELD MARCH 4, 1975, TO FORM A PINE RIDGE PROTECIIVE GROUPEND THAT

"THEY JUST AREN'I GOING TO LET THIS HAPPEN AGAIN".

27 MAR 12 1975

Relayce 315/24

91e

AM

DAG-ANALYSIS EVALUATION UNIT

ASSTAGCRIM

# Mi5-641

dater 1/5/15 captions

n.5 @/i0t7

INTERAGE SECRETE?

GENERARE ENTERICA

S

---

## Page 202

1.

PAGE IWO MP 70-8448

ABOVE INFORMATION PROMPTLY FURNISHED TO CRIMINAL INVESTIGATOR

JOE BROWN, ACIING AGENCY SPECIAL OFFICER, WHO WAS ADVISED OF SUB-

STANCE OF INFORMATION FURNISHED BY BREWER. BROWN IN TURN IMMEDIATELY

FURNISHED IHIS INFORMATION TO ACTING SUPERINTENDENT WAYNE ADKINSON.

INFORMATION RECEIVED ALL LAW ENFORCEMENT ON RESERVATION WILL BE

UNDER DIRECTION OF ADMINISTRATIVE MANAGER, WAYNE ADKINSON. DELMER

EASIMAN, STILL NOMINAL AGENCY SPECIAL OFFICER BUT ORDERED TO ASSUME

RESPONSIBILIIIES FOR ONLY CRIMINAL INVESTIGATIVE ACTIVITIES.

SUPERINTENDENT ALBERT W. TRIMBLE HAS ORDERED POLICE IO ACCEPT NO

ASSISTANCE FROM ANY QUASI-LAW ENFORCEMENI GROUP, SPECIFIALLY REFERRING

TO ANY GROUP DESIGNATED BY THE TRIBAL PRESIDENI. TRIMBLE CURRENILY IN

WASHINGION, D.C.

SOURCES INDICATE POLICE MORALE EXTREMELY LOW WITH SOME EXPERI-

ENCED OFFICERS INDICATING THEIR INTENTIONS OF LEAVING FORCE.

TRIBAL ATTORNEY, A MEMBER OF SOUTH DAKOTA BAR , INDICATED

DOUBI POLICE WOULD RESPOND IO A SERIOUS CONFRONTATION AND SEVERLY

CRITICIZED THEIR FAILURE TO RESPOND IO ALTERCATION AT TRIBAL COURT

HOUSE , WHICH IS NEXI DOOR IO POLICE DEPARIMENT, IN WHICH RUSSELL MEANS

INVOLVED• INDICATIONS RECEIVED POLICE LOCKED UP DEPARIMENT DURING

INCIDENT.

NW 68262 Docid:32989685 Page 202

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## Page 203

PAGE THREE MP 70-8448

ONE SHOOTING UNRELATED TO SUBJECT MATTER OCCURRED PINE

RIDGE THIS DATE.

SECOND SHOOTING INVOLVING HOME OF MATTHEW KING, A KNOWN AIM SUP-

PORTER

• AT KYLE, SOUTH DAKOTA, OCCURRED EARLY MORNING MARCH 4, 1975,

AFTER FALSE ACCIDENI REPORT DREW POLICE FROM AREA. PRELIMINARY REPORTS

INDICATE SHOOTING MAY BE RETALIATION FOR SHOOTING OF MARTINIMONTILEAUX

ALLEGEDLY BY MEANS AND RICHARD MARSHAL.

SI04k

REGARDING SHOOTING OF TRIBAL VEHICLE BY AIM MEMBERS;

WIINESS STATES HE WAS SHOT AT FROM PICKUP WHICH WAS IN GROUP OF

VEHICLES INCLUDING VAN IN WHICH MEANS AND RICHARD MARSHAL RIDING. AN-

OTHER WITNESS STATED BREVER NAMED MARSHAL AND RED COLONE AS HAVING DI

SHOT AT HIM.

REGARDING ALLEGATION BY WOUNDED KNEE LEGAL DEFENSE/OFFENSE

COMPLAINI OF ASSAULT BY RICHARD WILSON;

WIINESSES SUBSTANTIATE WILSON'S STORY AS TO TIMES AND WHEREABOUTS

OF WILSON AT TIME OF ALLEDGED ASSAULT.

REGARDING ARRESI OF RUSSELL MEANS, RICHARD MARSHAL AND DAVE CLIF-

FORD BY PENNINGION COUNTY SHERIFF'S OFFICE;

MEANS ARRAIGNED MARCH 4, 1975. REQUESTED BOND REDUCTION HEARING

WHICH WAS SES FOR MARCH 10, 1975. ROGER LINZEL HAS REFUSED TO REPRESENE

MEANS BUT DECLINED TO ALLOW MEANS TO BE INTERVIEWED. MEANS AND COMPAN-

IONS STILL IN CUSTODY.

5.01

NW 68262 Docld:32989685 Page 203

!

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## Page 204

PAGE FOUR MP 70-8448

HERN AS AURS OF JANSEND BONNET, LENGET RULESE, ET ALO

BY FALL RIVER COUNTY SHERIFF'S OFFICE;

ALL SUBJECIS STILL IN CUSTODY. NO FURTHER JUDICIAL ACTION PLANNED

UNIIL MARCH 7, 1975.

REGARDING SHOOTING OF MATTHEW KING HOME;

APPROXIMATELY TWENTY RIFLE AND SHOTGUN ROUNDS FIRED INTO KING

HOME. SIX CHILDREN AND NINE ADULTS IN HOME NOT INJURIED.

INDICATIONS RAPID FIRE WEAPONS MAY HAVE BEEN USED. SMALL VEHICLE ,

POSSIBLY INVOLVED. BROTHER OF MARTIN MONTILEAUX, MOSES MONIILEAUX

TOGETHER WITH RICHARD

WESTON STOPPED IN SMALL VEHICLE PRIOR TO SHOOTING

BY BIA POLICE OFFICERS.

KING ADVISED DENNIS BANKS IN KYLE, MARCH 4, 1975, AND

THAT HE IS MEETING WITH BANKS TODAY.

REGARDING WILLIAM ALBERT ESTETH;

COMPLAINIS FILED MARCH 4, 1975, BY BUREAU AGENT CHARGING ASSAULT

WITH A DANGEROUS WEAPON WITH INTENI TO DO BODILY HARM. SUBJECT IN FED-

ERAL CUSTODY, RAPID CITY, SOUTH DAKOTA. PRELIMINARY HEARING SET FOR

MARCH 14, 1975.

DEPARIMENIAL ATTORNEY DENNIS ICKES INDICATED HE IN-

TENDS TO EXPLORE POSSIBILITY OF OBTAINING U.S. MARSHAL PROTECIION

Sil,

NW 68262 Docld:32989685 Pagé 2014

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## Page 205

.

PAGE FIVE MP 70-8448

FOR WIINESSES WHO, ACCORDING TO INFORMATION GIVEN ICKES BY ROGER

FINZEL, WOULD FURNISH STATEMENIS EXCEPI FOR FEAR OF RETALIATION.

GREAT DIFFICULTY BEING EXPERIENCED IN OBTAINING INFORMATION OR

COOPERATION IN INTERVIEWS.

ADMINISTRATIVE

RE MINNEAPOLIS TELETYPE TO BUREAU MARCH 3, 1975, ENTITLED " AMERI-

CAN INDIAN MOVEMENT; EM - AIM."

ASAC AND NINE AGENTS CONTINUING INVESTIGATION PINE RIDGE RESER-

VATION, OPERATING IN INVESTIGATIVE CAPACITY AND WILL NOT BECOME

INVOLVED IN MAINTAINING LAW AND ORDER ON RESERVATION. ALL AGENIS WILL

ALSO EXERCISE ALL EFFORIS TO AVOID CONFRONTATIONS, HOWEVER, BASED ON

PASI EXPERIENCE, CONFRONTATIONS IHAI DO OCCUR HAVE BEEN

SPONTANEOUS AND CAN NOT BE FORSEEN.

DEPARIMENIAL ATTORNEY ICKES HAS REQUESTED PRELIMINARY INVESTIGATION

INTO CIVIL RIGHTS ALLEGATION BY RUSSELL MEANS THAT HE WAS ASSAULTED

BY SHERIFF'S OFFICERS AS HE ATTEMPIED TO EVADE ARRESI.

WAYNE ADKINSON CONFIDENTIALLY ADVISED HE IS IN RECEIPT OF MEMO-

RANDUM FROM SUPERINIENDENT TRIMBLE AUTHORIZING FRANCIS IRVING, ASSIS-

JANI CREDIT OFFICER, BUREAU OF INDIAN AFFAIRS, TO SET UP A LOCAL PRO-

NW 68262 Docld:32989685, Page 205'.

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## Page 206

.. :

PAGE SIX MP 76-8448

TECTIVE FORCE IO ASSISI POLICE DEPARTMENT. ADKINSON RECENTLY TRANS-

FERRED TO PINE RIDGE AND NOI BELIEVED INVOLVED IN LOCAL POLITICS.

RAPPORI APPEARS TO HAVE BEEN ESTABLISHED WITH ADKINSON BY ASAC AND

CONTACIS WILL CONTINUE. THIS INFORMATION NOT IO BE DISSEMINATED UNDER

ANY CIRCUMSIANCES. ADKINSON ADVISED TRIMBLE ABSOLUTELY ADAMANT

AGAINST ANY COOPERATION WITH WILSON AND FEELS TRIMBLE WOULD BE RECEP-

IIVE TO ACCUSATIONS BY AIM. ADKNSON INDICATED HE IS NOT IN COMPLETE

ACCORD WITH TRIMBLE AND HIS VIEWS•

END .

CC-5.

NW 68262 Docld:32989685 Page 206

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## Page 207

FEDERAL BUREAU OF INVESTIGATION

Form No. 1

THIS CASE ORIGINATED AT

OKAHA

REPORT MADE AT

"INN'A'OLIS

PATE WHEN

MADE

11/2/54

10//00F02 2HHH MADE

25/54

TITLE

"CILTIGRID"

CORALE ROBERI POIS;

LUROY JOSEPH JANIS,

wa., "Sunshine"

;

REPORT MADE BY

SA ROSARI J. SIOVERS

CHARACTER OF CASE

ISSALLING A FEDERAL

O: FICEP; DESTRUCTION

GORES FRANCIS WILSON;

OFITH WAYNE WILSON, WaS

Richard wilson, Dick wilson;

DENNIS LS COMPTE - VICTIM;'

JOSEPH SWIPT BIRD - VICTME

STINLY D. YOUNG - VICH'

FEB & 1962

*

*

PWig

OF

11,41

**

SYNCOSTS:

on nicht of 10/16/54, victims, who aré Federal officers of t.S.

Incian service, fine

Tage, So jakt, were in hot pursuit of

suojects, with excoption of Gone. WILSON, and placeo them under

arrest aproximately 75 yards south of Mebraska-south Darota staté

Line on Nebraska state Fishway 87. Officer NCUNG was struck twice

by subjects anú shot subject ORLIN WILSON twice with .38 caliber

gas shells in self defense. Officer In COPte nots truck; how-

subject LEROY DAris

"squared off" at him at beginning.

right then stoppea until subject GOPGE NITSON arrived anc

•low at volunteer Tribal Officer GONDOLUONES, breaking the

window

in coverment autonobile.

subjects WHALEN, LUROY JANIS and

SOMALE JArIS again attacied Officer YUNG, beating him with fists.

LEROY JANIS took Officer YOuNG's revolver from him and struck

ribal Officer JONS twice on the head, then pointed. the revolver

AGENCYLL:

REC' D

'S1'T' E02X.

BY_:

APPROVED AND

FORWARDED:

SPECIAL AGENT

IN CHARGE

DO NOT WRITE IN THESE SPACES"

IN F

SE

28

COPIES OF

Bureau

- USA,

Sioux falls

3

-

Omaha (1-

RO NOV

USA)

1954

2

-vinnes)olis (89-38)

-isul isul ds11,17427

(fry

S-113

PROPERTY OF FBI-THIS REPORT IS LOANED TO YOU BY THE FBI, AND NEITHER IT NOR ITS CONTENÍS ARE TO BE DISTRIBUTED OUTSIDE THE AGENCY

TO WHICH LOANED.

U, S. GOVERNHENT PRINTING OFFICE

16-50255-5

NW 68262 Docld:32989685 Page 207

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## Page 208

MP 89-38

at Officer SWIFT BIRD and ordered him out of the vicinity, which

orders were comolied with.

Arrest of subjects not consumated

Cfficer Li CAPIS only officer prusent at conclusion of fight.

Officer YOUNC acmitted to Pine Ridge Indian Hospital and treated

tor dislocateá nose, lacerations and bruises.

suo ject GEORCE

NiLSON acmitted in signed

statement breaking

window of covernment

automobile with fist while attempting to strike Trial Officer

subject DONALD JANIS admitted the assault and stated he

and companions were all drinking that evening. subject LEROY

JANIs admits participation in fight but recalls no details as was

intoxicated.

subject WHALEN admitted striking Officer YUNG one

blow ana

stated he smelled

alcohol on SWIFT BIRD's breath and

of the opinion SWIFT BIRD intoxicated. WHALEN denied he had been

drinking, and saw none of other subjects take a drink.

Statements

obtained

Iron witnesses contacting orticers belore ana subsequent

to essault.

subject ORLIN WILSON and wife, yvonne WIlson, refused

to furnish information to interviowing Agent. Medical report of

examining physician and description of subjects set fortn.

Identification records of subjects

requested.

-P

DETAILS:

The title of this case is marked changed to reflect the true

names and aliases of the subjects.

AT PINE RIDGE, SOUTH LAKOTA

Investigation in this case is predicated upon receipt of informa-

tion from DENNIS LF COVPTE, Special Office, United States Indian

service on October 20, 1954, that the victims had been assaulted

by the subjects hear white Clay, Nebraska, on thenight of October

16, 1954, causing the hospitalization of Officer YOUNG.

Jurisdiction

United States Attorney CLINTON G. RICHARDS, SiOUX HaLls, South

Dakota, was telephonically contacted by Officer LE COlPTE ana

the writer on October 20, 1954!, and the facts of this case were

presented to him. Mr. RICHARDS stated that jurisdiction in this

matter would pröbably lie in the District of Nebraska as the

assault had taken place in Nebraska even though the officers

were in hot pursuit of the subjects at the time. He staved, how-

ever, that should evidence be obtained that the subjects had

-2-

NW 68262 Docld:32989685 Page 208

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## Page 209

MP 89-38

planned to lure the officers into ühe State of Nebraska with the

intent to assault them, then

jurisdiction would also lie in the

District of South Dakota. Mr. RICHARDS requested that a copy of

the writer's report be submitted to him at the conclusion of the

investigation.

Mr. BEN REIFEL, Superintendent, Fine Ridge Indian Agency, Fine

Ridge, south Dakota, furnished the writer with the following

letter on October 21, 1954, establishing the positions held by

the victims at the time of

the assault.

This letter is being

maintained in the files of the Minneapolis Office:

"UNITED STATES

DEPARIVENT OF THE INTERIOR

DEPART IN T

Office of Indian Affairs

Field Service

Pine Ridge Indian Agency

Pine Ridge, South Dalrota

"October 21, 1954

"'To vinom It May Concern:

"Dennis LeCompte is a federal emplöyee serving in

the position of Criminal Investigator, GS-7. He

received his appointment to this position on May 25,

1952. He has a Special Officer's Commission which

was issued to him on 11-3-52 by the Area Director,

United States Department of Interior, Bureau of

Indian Affairs, Aberdeen Area Office. This Commis-

"Joseph Swift Bird is a Federal employee who was

appointed to the position of Policeman, CPC-5, Pine

Ridge, on 4-30-50. Mr. Swift Bird serves in this

position at the present time and he also is a commis-

This Commission was

issued to him on 7-1-53 by the Area Director, United

States Department of Interior, burtau of Indian

Afrairs, Aberdeen Area Office, and is still in effect.

"Sidney Young is a Federal employee serving in the

position of Guard, CPC-4, to which he was appointed

on 8-16-54.

serves as night watchman, performing

hourly rounds of school, hospital

and agency bulloings,

checking for unlocked doors, winiows, waste of water

or electricity,

perly ldentiried persons

- 3-

- NW 68262 Docld:32989685 Page 209

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## Page 210

MP

89-38

"law and order on the premises. In aridition to this

he.

checks on fire hazards and other things that have

to! do with the protection of life and property in

the

general arca of the Pine Ridge lgency.

"Sincerely yours,

/s/ Ben

Peifel

Ben Reiter.

Superintendent'

Interview of Victims

Mr. DENNIS LE COMPTE, Special Officer, United States Indian

service, furnished the writer a statement in his own hanowritine

concerning

the events

that transpired on the night of October 16,

1954. Inis statement reads as follows and is being maintained

in the files of the Minneapolis Office:

110-20-54

"About 11:30 pm 10-16-54 I was called on by Leonard

Jack, who

stated they were having trouble

with a car

load

of guys upon the street. I told him to get

Joe Swift Bira to go along with them.

I then dressed,

got in my car and drove toward the jail. As I

stopped at the stop sign leading on to the Main

Street, a two tone, ?reen, car passed me,.nonked his

horn and arove on south.

I drove on to the jail and

parked on the highway in front of the jail. Swift

Bird came up to the car and stated that was the car

that

was causing trouble, that I passed at the stop

sign. About this time the car was coming back by

the stop sign without lights, ran through the stop

sign and passed us coing north at a high rate of

speed and tooting their horn.

swift Bird ana Jones

got in the car with me ana we gave chase. They

were already going over the hospital hill. Ne gave

chase but wasn't gaining any.

I was traveling about

85. He chased them beyond the Holy Rosary Mission,

then turned around and returneä toward Pine Riage.

Sefore

coming over the hospital hill Jones said,

car is' behind us. We arove to the bottom of the

hill and stopped. The car passed us anu joo said

that was not them. Jones said it was. He watched

-4-

NW 68262 Docld:32989685 Page 210

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## Page 211

MP 89-38

"the car go through the stop sign and when it went

by the lights we coula see it had a light top.

we

tinen followed, when we passeu the intersection, we

met sidney Young.

¡e came up to the car and

said

inai was them and that they had turned their lights

out ann stopped up the rod.

About this time their

car lignts come on • They flashei them on. and off

and

started tooting

their horn.

sidney Young got in

tho car with us and we gave chase. We gained on them

at uhis chase as they dian't seem to be trying to gut away.

There were 3 beer cans thrown from the car between

Fine Ridge and the state line. Just before we hit

the state line their car nearly tipped over. I then

10t up benini them and turned on my siren.

scouped anout 75 yas pass

the otner

parties

were out of their car. I

then walicea up to LeRoy Janis ana Dickey Wilson

and

tola then they were under arrest. LeRoy and Lickey

staled

we naá no jurisdiction ano betier go back into

S. Do

I told them they better come without causing

more

trouble.

LeRoy squared off at me, so I made a

hit at him with my cap.

He ducked it and when I

started to make the second swing, LeRoy statea he

woulünit hit me

as I was a Federal officer. I then

stood talking with LeRoy, cooling him off.

I didn't

see Dickey leave but when I heard two shots I saw

Dickey fall about 20 ft in front of his car. I then

ran over to see if he was hurt. (I didn't know what

he was shot with) Robert Whalen, Lavone wilson (wife

of Dickey) and I then got Dickey up and took him to

his car.

LeRoy was after Young. I then went over

and got IcRoy and brought him back to Dickey's car.

Things then cooled down and I was getting everybody in

their car.

The other three police

took my car and

drove to

the edge of white clay and turned it around

anü came back and stopped to pick me up. About

time George wilson drove up.

He asked Dickey what

haspenco.

Dickey staied he

had been shot with tear

gas by Young. The next I heard glass crash. I looked

toward my car

and saw Jones get out and grab George.

I then started toward them, just as i arrived George

was knocked or fell down.

Jones tripped over his legs

and fell over the shoulder of the road. Dickey then

came between me aná his cur aná jumped on Jones

hit him two or three times on the lead or faco. I

-- 5-

-NW-68262-Đocld:32989685-Page 211.

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## Page 212

MP 89-38

"pulled. Dickey from jones, then got George and held

then on the west side of

Dickey's car.

They had cooled

down and at this time lERoy

came up to us and said,

"look at that yellow son-of-a-bitch run', I then seen

Jones rurning toward white Cliy.

He then

said I

also got

the gun.

He had

colt. I tola him

1 he

better give it to me.

first.

I then told

told them

He handed the gun to me butt

chem to go to the hospital

and

have Dickey's eyes washed out and George's arm treated

Ior the cuts he you from hitting through my car win-

dow. the otner

three police were gone, so aiter get-

ting; the others loaded in their cir, 1

then got in

mine and turned

arouna to look for che other police.

I couldn't find them

so returned nom.

"The three returned one at a time and when they got

sack, we went to the cospital to have sioney youne

and

jones treated

for oruises and cuts.

"/s/ Dennis Le Compte"

In adition io the above information, Mr. LI COPTE advised that

the automobile in which the officers were riding and which

suffered a broken window, is the property of the unitea states

Government (Office of Indian Affairs) and is assignea to him

for use in carrying out his auties as a Special officer.

r. Li COUPTS further advised thet of the four officers who

had participated in the altercation, only Officer YOUNG had been

armed with a revolver, which was loaded. Mr. Lt COMPTE stated

he nad loaned tis personal revolver to Deputy Sheriff Officer

JOHN RICHARD and RICHARD had returned it to the glove compartment

of his car; however, had not notified Mr. LE COMPTE Of this

lact.

He

revolver; however, the revolver was not loadede

JOSHPH SWIRT BIRD, Deputy Special Officer, United States

indian service, was intervitwed s the writer in the presence of

Special Officer D.IIS Lù CCT TE on October 20, 1954,

and fur-

nished the following

; information concerning his recollection

of the events happening on October 16, 1954:

On Saturday, night, October 16, 1954, at approximately 11:30

pom., GORICN JONES, an unpaid

Deputy Tribal Policeman, came to

his

home and

said that DENNIS Id COIl, Special Ufficer, had

=6-

NW 68262 Docld:32989685 Page 212

---

## Page 213

FP 89-38

instructed him to go with JoNes and SIDNy YOUNG as they were hav-

ins trouble.

SWIFT BIRD had loaned his pistol to JOHN PICHARD,

another Deputy Special Officer, ano, therefore, was armed only

wich an unloaded pistol, a spare, when he joinea JoNas and YOUG

in the automobile.

There was another man, LEONARD JACK, in the

autonobile; however, he was not a police officer. The four of

uhem then drove into aowntown rine Riage, South Dakota,

and saw

subiects car parked on the street with the lights flickerine

on and off and when they attempted to catch them, they outran

Thi police car which was in a poor running condition.

He continued the four then went to the police station and a few

minutes later DEINIS IE COPIE came to the station. All were

anding on the curs in front of the station and saw the subjects

ces coming irom the south anä it went through the stop sign a

block away without lights.

after going through the stop sign,

tre autonobile turned on its lights ana sped past the police

slation, soire north on hignway 18. DENNIS LE CCMPIE, JONES and

SWIRl BiRd then got in the police car and pursued the

subjicts;

nowever, they were outrun.

They chased them for approximately

four miles,

turned around

and then started back toward the

police station. Jones then saw the automobile was following them,

co I., COrPIS parked the car on a side road near the hospital

Erd

turnea off the lights.

"he subjects drove past, going south,

arid the police car followed.

He continued that the subjects did not stop at the stop sign and

the police car followed then but stopped at the stoo sign and

picked up SIDNY YOUNC, who was standing on the corner.

They

again started following the subjects and saw them parked on the

road about one-quarter of a milearay. When the police car came

in sight, the subjects started their car and sped toward white

Clay, Nebraska.

The police car caught up with the subjects

just as

they passed the

State line,

turned the siren on and the

subjects stopped the car. All four of the officers then got out

of choir car and LiBOY JANIS started to sving at DENNIS LI COPTE,

who haa

told them they were under arrest.

DICK "ILSON

said the

officers were out of their jurisdiction and had better get back

to south Dakota.

LEROY JANIS

repeated that statement and

started to engage in a fist fight with LE COMPTE.

Before he

struck a blow or completed a swing, LE COMPTE made a pass

LEROY with a blackjack and missed.

LEROY then said he did not

want any trouble with EX CONPlE as he was a federal officer.

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NW 68262 Docld:32989685 Page 213

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## Page 214

MP 89-30

During this time, one of the subjects hit Officer YOUNG and knocked

him down and when he got up, ne nau his raolver in his hand.

WEALEN, EONALD JALIS and DiCK WILl then backed YOUNG up and

S:]F!!!

JIRD and JOnas attempted to get between them.

stated that he does not know if any oi the three subjects had

their hands on YOUNG; however, YOUNG then snot DICK NILsey twice

wiün a .38 caliber gas sholls

and WILSON went down to the ground.

YUNG then tola WHALEN and DONALD JANIS that he had only live

shells in his gun and for them to back up.

DENNIS LE COMPTE and

WHALEE: then helped WILSON get off the ground to the side of his

Right after DICK WILSON was shot with tear gas, SwIFT BIRD

was talking with WHALIN at the side of the car and WHALEN said

ne was not drunk and asked SWiFT BIRD for a light, which wif

STRe cave to him. at that time, LEROY JANIS had gone over

STDaY YUNC and pretended to apologize to him and when ICult

lovered his revolver, LEROY JANIS hit him in the face with his

fist. YCUNG did not go down to the ground and he yelled aù Li

COITT; and asked if he should shoot JANIS. LE CCMPTE then got

JANTS and was taking him back to the car, when DICK WITSO.,

who was blinded by tear gas, yelleà at LEPOY JANIS and

said to

leave Youlld alone

as YOUNG was "his meat".

This, according

SWIFT BIPI, meant that DiCK WILSOM would get YOUNG at a later dite.

SHIRT BIRD continued that the fight then stopped at this point

and he, jONES and YOUNt got in the police cer anâ IT COMPTE was

putting

the subjects in their car.

JONES drove the police car

up the road, turned around and came back and stopped directly

across the highway from the subjects' car. La CONPTE had all of

the subjects in their car and was putting YVONE WILSON in the

car when GhORG. WILSON arove up. GEORGE WILSCN went to the sub

jects' car, talked for a few seconds and then walked to the police

car on the driver's side. All of the windows were up and GORGE

WILSON struck a blow at ICIES, who was in the driver'eseat, break-

ing the window of the Government car.

GEORCE WILSON's arm went

through the broken window and JCNES immediately openea the door

and started fighting with GORGE WILSON. YOUNG opened the other

front door aná

started to get out; however, DONALD JANTS and

WHALL grabbed him before he could

get out of the car. che of

them got YOUNG's gun away from him and about that time, LEROY

JaNIs got a headlock on SWIFT BIRD, who was getting out of the

back seat. SWIFT BIRD got away from LEROY JANIS and saw JONES

coming around the back of the car.

LEROY JANIS then struck JONES

a glancing blow on the head with

YoUNG's revolver, knocking

Jow.is to the ground. LUROY JANIS then got on top of JOis and

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NW 68262 Docld:32989685 Page 214

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## Page 215

MP 89-38

struck him a solid blow in the face with the revolver, cutting a

rash in the bridge of JONes, nose.

SWIFT BIRD then get behind

LURCY JANIS and as he startea to set a hold of him, LEROY JANIS

swung around una pointed the revolver at SwIFT -IRD and ordered

hir: to back off ano tola him to start walking and not come back.

SHIID BERD saW JOKES get off the ground and start walking toward

nite Clay in a very unsteady manner. SHIFT BIRD stated thet he

kepi waiking on the orders of LIRCY JANiS and walked to a neighbor-

ing farmhouse and then on into Pine Ridge, South Dakota.

EFT BIRD stated that right after YOUNG had shot DICK NILSON with

tear gas, SIF! BIRD had stopped a pick-up truck and told LOGISE

OI fine hidie, south Dakota, and JIM OGLE, (phonetic)

Allon, south Dakota,

to notify the Sheriff at Rushville, Nebraska,

to white Clay, Nebraska.

He cold them that there nad

been a fracas. SWiFT BIRD stateà that he stopped this car inas-

much as he thought, at that time, that YoUNG had shot DiCK WILSON

wiih a live shell

and not with teer gas.

Concerning S. IF! BIRD's activities the night of October 16, 1954,

ne stated that at 7:00 p.m. he went to the movie at the boarding

school with his wife ano four children, ALICE JACK and ner litile

GIrL.

They got out of the movie aná were home at approximately

9:00 p.m. Approximately fifteen minutes later, they haà a

telephone call from SIDNEY YoUNG, who said that a woman had

nifeả and he wanted SWIFT BIRD to go to the hospital and investi-

gate it.

SWIFT BIRD got in his car and drove to the fine Ridge

indian Hospital and YOUNG and JONES were there with Irs. MOLLIE

SITTING HOLY waiting for the doctor.

They were there for approxim-

ately five minutes and Dr. RUBY appeared. SWIFT BTRD stited he

tolkea with Dr. RUBY and Mrs. S"TTING HOLY and then he and JONES

drove back to the police station. SiDNEY YOUNG drove the police

ce from the hospital to the police station.

Mrs. DINVE? TYON

came to the police station right away and

said she had seen

GreGs cItriG Houd going south owerd .hite Clay, so SWIFT DISD,

XCLaG, JorS and ILONARD JACK drove to thite Clay but could not

find ¿HORGE SITTINC HCLY. They drove arouna che rodeo grounas

at whito Clay, saw a car parkea there, which oiNc salo be chec

co ol wilsol. ley then arove back tarough fine 3idge, south

Dakota,

and to VARY LAKOTA's place about six miles northwest of

rine ridge and there arr:sted CHORG. SITTING HOLY.

They brought

him back to the fine Riage jail and bookea him at 10:40 p.m.

according to the daily police 10g.

SWIFT JIRD stayed at

the

police station ior a while getting blankets and so forth for

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VP 89-38

SITTING HOLY and then went home. at was home for a proximately

twenty minutes when GORDON JChES came and got him.

SWIFT BIRD continued that he definitely did not have a drink of

any alcoholic beverage all that day and was not involved in any

type of argument in front of his home with anyone. In his

opinion, neither YOUNG or JONES and been drinking and were com-

pletely

sober that night.

The daily l0g of the Pine Ridge Police Department dated October

16, 1954, reflects that Mrs. SITTING HOLY came

to the police

department at 8:45 p.m. and was taken to the Fine Ridge Hospital

b: SIDNEY YOUNG, GORDON JONES and LEONARD JACK.

The police

108

further reflects that GEORGE SITTING HOLY was booked at the Pine

Ridge Police Department at 10:40 p.m. that date.

Mr. SIDNEY D: YOUNG, guard and night watchman, Pine Ridge Indian

Agency, was interviewed by the writer in the

presence of Special

Officer DENNIS LE COMPTE on October 21, 1954, and furnished the

following information concerning his recollection of the events

happening on the night of October 16, 1954:

YOUNG stated that he was home in Pine Ridge all day on Saturday

October 1o, 1954, and had nothing to drink. At approximately

6:00 p.m. that evening, he went on duty as a guard and was patrol-

ing the agency area.

At about 8:45 p.m. the red light went on

so he went to the police station, where ne found Mrs. VOLLIE

SITTING HOLY, Who said that she had been knifed by her husband.

He, JONES and LEONARD JACK took her to the Pine Ridge Indian

Hospital and YOUNG then called JOE SWIFT BIRD at a little past

9:00 p.M. SWIFT BIRD came to the hospital and all talked to

Mrs. SITTING HOLY and waited until Dr. RUBY came. After Dr.

RUBY arrived, SWIFT BIRD and JONES went in SWIFT BIRD's car and

he and JACK drove the police car back to the polica station. Mrs.

DENVER TYON came by very shortly and said that she had seen

GEORGE SITTING HOLY going toward White Clay, Nebraska. He,

SHIFT BIRD, JONES and JACK got in the police car and went to white

clay; however, they could not find GEORGE SITTING HOLY. They

drove around the rodeo grounds and YOUNG recognized JIM WILSON'S

car, which was parked there.

They did not stop and w.nt back

through Pine Ridge to the LAKOTA place about six or seven miles

north of Pine Ridge, South Dakota.

They there arrested GEORGE

SITING HOLY and brought him back to the police station and booked

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MP 89-38

him

at 10:40 p.m.

They stayed at the station for a few minutes

and SWIFT BIRD then went home.

YOUNG continued that he, JONES and JACK then arove the police

car to his iouse and started to go in for a cup of coffee when he

saw a car turning at the stop sign on liain Street going east.

He

saw someone in the car throw a beer can in the street as they

turned the corner so he, JONES and JACK got back in the police

car and started after them. He saw the car parked in front of

the Lone Dog Cafe in Pine Ridge; however, when they got up with

them, the WILSON car took off on United States Highway 18 going

east. They chased the subjects car; however, the police car was

not functioning properly so they gave up the

chase, turned around

and started back to fine Ridge to get DENNIS LI COMPTE and his

automobile.

The WILSON car also turned around and followed to

the parking area in the rear of Le CoMPt's house.

When the

WILSON car came up behind them, he and JONES walked back to the

WILSON car and he asked DICK WILSON, who was driving, what he was

pulling off as he was putting himself and YOUNG on the spot.

DICK

WILSON dia not answer and YOUNG started back to the police car.

He then heard DICK WILSON tell JONES to get the light out of his

lace but could not hear any more of the conversation. JONES

came back to the police ca and YOUNG told JONES and JACK to go

get LE COMPTE and SWIFT BIRD.

The WILSON car then backed up

and someone said, "Go get DENNIS LE COMPTE and the rest of your

cops".

The WILSON car then left.

YOUNG continued that JONES and JACk returned to the car with JOE

SWIFT BIRD and the four of them then drove to the police station

and parked the car.

JACK then lifted the hood and started

messing with the motor and SWIFT BIRD went inside to make a phone

call. The WILSON car stopped on the highway in front of the

police station and were cursing JONES in loud voices.

He and

JONES started to get out of the car and the WILSON automobile then

left again.

A few minutes later, DENNIS LE COMPIE drove up in his Government

automobile and

a few seconds later the WILSON car again passed

the station going north. DENNIS, SWIFT BIRD and JONES chased

them in LE COMPTE's car and he drove the police car around town.

He then saw the WILSON car come through Pine Ridge again going

south toward White Clay, Nebraska. Inasmuch as the police

car

was not operating properly, he parked it and was picked up

shortly by LE COMPTE, SWIFT BIRD and JONES. They chased the

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MP 89-38

WILSON car and saw two or three beer cans being thrown from the

WILSON car.

They caught up with the WILsoN car just prior to

reaching the Nebraska State Line; however, DICK WILSON weaved his

car back and forth preventing the police car from coming abreast

witn them.

LE COKPTE turned on the siren and the WILSON car then

stopped and all of the occupants of the wILSON car got out, as

aid the police officers. LEROY JANIS started after DENNIS

LE

COMPTE and DONALD JANIS and ROBERT WHALEN came after him. They

were backing him up so he pulled his revolver and held them off.

DICK WILSON's wife came up and said it was going to cause a lot

of trouble, so JONES put his revolver away. When his revolver

was in the

holster, either WHALEN Of DONALD JANIS hit him in the

almost knocking him to the ground.

He again pulled his

revolver and by then DICK WILSON

joined DONALD JANIS and WHALEN.

LICK WILSON grabbed the cross strap of his sambrowne belt and

him to unload his revolver.

He said that he would not un-

load it so DICK WILSON drew back to hit him and he then pushed

DICK WILSON away and shot him twice with .38 caliber tear gas

DICK WILSON went down and LEROY JANIS rushed up and hit

YOUNG with his fist. YOUNG then was surrounded by LEROY JANIS,

DONALD JANIS and ROBERT WHALEN and he was trying to hold them off

with his revolver anâ asked LE COMPTE if he should shoot one of

them.

He told them that there were no more gas shells in his

gun and that the rest were lead bullets so they then backed down.

YOUNG continued that things then quieted down and the subjects

got back in their car and he, SWIFT BIRD and JONES got in

police car, drove about a block down the highway, turned around

and then parked directly across the road from the WiLSON car.

He stated that just about then GEORGE WILSON drove up, walked to

the JIM WILSON car and the next thing that he saw, GEORGE WILSON

was at the window of the police car. GEORGE WILSON then struck

at JONES through the window, breaking the window of the Goverrment

automobile. JNES then said something to the effect of let's get

them, so JONES opened the door and got out.

As YOUNG opened the

other front door, DONALD and LEROY JANIS grabbed him and ROBERT

WHALEN got him from the driver's side. LEROY grabbed YOUNG's

revolver from his hand and RosErr and

DONALD JANIS held him and

hit him several times. He stated that he must have passea out

as the next thing he knew, he was

across the ditch and lying next

to the fence row; everyone was gone, so he walked back to Pine

Ridge and then went to the hospital

for treatment in LE COMPTE'S

сака

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MP 89-38

YOUNG stated that he definitely was not drinking any alcoholic

beverage nor were any of the other police officers.

He stated

he does not know whether the subjects were intoxicated nor does

he have any proof they were drinking. The only thing in this

regard was

the fact that he saw the empty beer cans being thrown

from the WILSON car when they were chasing it from Pine Ridge to

white Clay, Nebraska.

Interview with Eye Witness

Mr. GORDON JAMES JONES, a volunteer Deputy Tribal Policeman, was

interviewed by the writer in the presence of Special Officer

DENNIS LE COMPTE on October 21, 1954, and furnished the following

information concerning his

recollection of the events happening

on October 16, 1954:

JONES stated thet he came on duty at approximately 6:00 p.m. on

October 15, 1954, and was cruising in the police car with SIDNEY

YOUNG and LEONARD JACK.

At approximately 8:00 p.m., he saw JIM

WILSON's car parked near the One Dog Cafe on Main Stret of Pine

Ridge, jouth Dakota.

JONES stated that he did not notice anyone

in the car at that time. At 8:45 p.m., Mrs. MOLLIE SITTING HOLY

came to the police station and said

that she had been knifed by

her husband. He, YOUNG and JACK took Mrs. SITTING HOLY to the

Pine Ridge Indian Hospital and YOUNG then called JOSEPH SWIFT

BIRD to come to the hospital to investigate the matter. A short

while later, SWIFT BIRD came to the hospital and talked to Mrs.

SITTING HOLY, the nurse on duty on Dr. RUBY. de and SWIFT BIRD

then drove back to Pine Ridge in SWIFT BIRD's car and YOUNG and

JACK came to Pine Ridge in the police car. Mrs. TYON then came

to the station and said that she had seen GEORGE SITTING HOLY

going toward white Clay, Nebraska. The four got in the police

car and drove to white Clay looking for SITTING HOLY; however,

they did not find him so they drove to the white clay rodeo

grounds and saw a car parked there. He thought, at that time,

it was JI! WILSON's car but was not sure.

They

then went through

Pine Ride and back to where GEORGE SITTING HOLY WaS living, which

was about six miles northwest of Pine Ridge. They arrested GEORGE

SITTING HOLY and brought him to the police station and then booked

him.

SWIT BIRD went home shortly thereafter and he, YOUNG and

JACK started patroling the town again. They stopped at YOUNG's

house and were almost in the house when he heard a car speeding

so they then got back in the car.

They

caught up with this car

in front of the Lone Dog Cale where it had stopped; however, it

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MP 89-38

pulled out when they got there and headed east on Highway 1S.

They got up even with the car but could not pass it so YOUNG

turned the police car around and they started back for Pine Ridge.

The other car went about 100 yards,

stopped and also turned around.

They then arove to DENNIS In COMPlE's house to get ahother car

to help them and the subjects followed and pulled up behind

He and YOING walked back to the subjects'

car and he shined a light in the car and YOUNG said something to

the subjects to the effect that they ought to know better than

that and they replied with a question as to why the cops were

He and YOUNG then walked back to the police car

and the subjects cursed them and were using loud and obscene

language. YoUNG told him to get DENNIS LI COMPTE and SWIFT BIRD

to help them. He and

• JACK started after DENNIS and SWIFT BIRD and

sus jects were honking the horn and racing their motor.

JONEs continued that they got SWIFT BIRD and when they returned

to the car, the subjects were gone.

SWIFT BIRD got in the car

with them

and drove back to the police station and tried to fina

out what was wrong with the police car, which was not operating

correctly. SWIFT BIRD went inside the

police station to make

telephone call and he and YOUNG stayed in the car.

The subjects

drove by, stopped in the midale of the road and again cursed he

and YOUNG and as he and

YOUNG got out of the car, the subjects

drove south on highway 18. SWIFT BIRD then came out of the

police station and DENNIS LE COMPTE drove up.

They saw

a car

come north through

the stop sign with no lights and recognized

it as the subjects' car.

When it passed the station, he, LE

COMPTE and SWIFT BIRD got in the police car and tried to catch

They followed for about five miles and when they could not

catch them, turned around and started toward fine Ridge.

JONES then saw a car following so LE COMPTE pulled off the roaa

and waited until the car passed to be sure it was the subjects.

When it was determined that it was the WILSON car, they started

after them again and when they arrived at the stop sign, YOUNG

was there, so he got in the car with them.

They drove for

approximately one-quarter of a mile and saw the subjects parked

with their lights off; however, they started up again when they

saw the police car coming. He continued that they caught up

with the

subjects just at the State line and turned the siren on

so the subjects stopped. All the parties got out of both cars

and ROBERT WHALEN and Mrs. DICK WILSON came up to JONES, who had

a blackjack in his hand.

Both said something to the effect that

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MP 89-38

he was not to do anything and there would not be any trouble. At

that time, DENNIS LE COMPlE was talking to LEROY JANIS. There

was talking for a short time and then he heard two shots, turned

and ran in that direction and saw DICK WILSON fall in a ditch

about 15 yards in front of LE COMPlE's car. He then saw DONALD

JANIS and ROBERT WHALEN remove their shirts and they were trying

to get at officer YOUNG. JONES and SWIFT BIRD tried to get between

them and WHALEN finally

• said that they would quit if YCUNG would

out away his gun, which YOUNG did. JONES stated that he is not

positive but believes that one of them then hit YOUNG as YOUNG

pulled his gun again and asked LE COMPTE if he should shoot.

YoUNG finally put his revolver away and came to the car along with

SWIFT BIRD and they locked the doors and rolled up the windows.

JONES

continued that at this point everything was calm and no

one was fighting so JONES drove LE COMPTE's car down the road,

turned it around

and parked it directly across the highway from

the subjects' car. He, SWIFT BIRD and YOUNG were sitting there

When GEORGE WILSON drove up.

DENNIS had all of the subjects in

their car, except Mrs. WILSON, when GEORGI WILSON drove up.

GEORGE

wIlson then went to the subjects' car and shortly thereaiter,

CEORGE WILSON and the other

subjects started for LE coMple's

car.

GEORGE WILSON came to the driver's side of the police car and

swung his fist, breaking the window on the driver's side, his

entire arm going through the window. JONES stated that he then

opened the

door, jumped out and started wrestling with GEORGE

WILSON. When WILSON started using his fists, he then hit WILSON

and knocked him down.

He also fell down and one of the subjects

then jumped on him and started hitting him with his fists.

DENNIS LE COMPTE then pulled this man off of him and started for

LE COMPTE's car, where he could see fists flying at YOUNG. As he

reached the rear of the car, LEROY JANIS came for him and the

next thing he knew, he was on the ground and LEROY JANIS had his

knee in his stomache and JANIS swung again with a revolver, which

he had in his hand, hitting JONES again in the head. LEROY JANIS

had the gun pointed out at his head

and he started

rolling to get

away from him.

someone then pulled JANIs off of him and JONES

then started north down the highway toward white Clay, Nebraska,

for hlep. He met SWIFT BIRD later at Kelly Coon's house, where

they tried to get help; however, no one would answer their door.

He and SWIFT' BIRD started walking to Pine Ridge and he, JONES,

passed out in a field. When he came to,

no one was around

he walked to Pine Riage and to LE COMFIE's house. LE COVETE WeS

home and SWIFT BIRD and YOUNG came in a little later and all four

went

to the Hospitel, where ICUNG and he received treatment.

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MP 89-38

JONES stated that he definitely had no alcoholic beverage that

intire day and to his knowledge, neither did SIDNEY YOUNG or

JOSEPH SWIFT BIRD Or DEWNIS LL

Interviews with Subjects

It is noted that prior to interviewing the subjects, each was

advised of the seriousness of the allegation made against him and

the fact that any information furnished by him would be used in

court against him. Each was advised that he was under no complusion

to answer questions and that if he did, it was to be on a volun-

tary basis.

Mr. LEROY JOSEPH JANIS was interviewed by the writer on October

20, 1954, at the residence of DENNIS LE COMPTE and in his presence.

JANIS declined to furnish a signed statement; however, advised

that on Saturday, October 16, 1954, he was in Martin,

south

Dakota, and was drinking whiskey at the M and M Bar.

Late in

afternoon, he drove his car to Pine Ridge and fixed two flats

at Al's Texaco Service in Pine Ridge. He parked his car at his

sister's house and woke up his brother, DONALD JANIS.

He and

DONALD then got in a car with ORLIN w. WILSON, his wife and

guitar and the rest sang songs.

He

stated he

cannot recall whether he was drinking anything at that time. He

believes that they went to someone's house to get dressed for a

dance. It was his opinion that they went to the home of JIM

WILSON SO ORLIN's wife could change her clothes.

He does not

recall stopping and talking to any police officers on their way

through town. On the way back through Pine Ridge, he does recall

at the stop sign and then proceeding south on the highway

toward White Clay, Nebraska, where the dance was to be held.

He believes they

stopped the car before reaching the State line

and the four men relieved themselves along the highway. Just

as they crossed the State line into Nebraska, he heard

a siren

and someone said, "It's the cops, stop the car"

, so they stopped.

LEROY JANIS stated he does not remember what started the fight

but he does recall participating in it. He stated that he also

remembers getting SIDNEY YOUNG'S

revolver out of the police car;

however, he does not recall hitting anyone with it. LEROY JANIS

stated he

cannot recall the details of the fight inasmuch as he

was intoxicated at that time.

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MP 89-38

Mr. MERLE ROBERT WHALEN was interviewed by the writer on October

20, 1954, at the residence of DENNIS LE COMPTS and in his presence.

WHALLN declined to furnish a signed statement; however, advised

that on saturday, october 16, 1954, he spent the afternoon at his

After sundown, ORLIK WAYNE WILSON, whom he knows as DICK

WILSoi, his wife, YVONNE, and their three children came to his

They stayed for about an hour and then he left with them

They picked up DONALD and LEROY JANIS and

went in to downtown Pine Ridge and all then went to JIN WILSON's

place northwest of Pine Ridge. They stayed there for approximately

two hours or more and he did not drink nor did he see anyone else

take a arink.

They then decided to go to the dance held at white

Clay, Nebraska,

so they drove to HERMIS MARRIVAL's place approxim-

ately a mile and a half north of Pine Ridge to pick up GRETA

MARRIVAL to take her to the dance.

She was not home so they

drove

back northwest to the Calico Community Hall, turned around and

again started toward white Clay.

While riding, one of the men

was playing a guitar and the rest were singing. When they

arrived

in Pine Ridge, they stopped at the stop sign and then drove

on

toward White Clay, Nebraska.

Before crossing the State line,

they stopped the car and DICK WILSON relieved himself at the

bottom of the graveyard hill. Just as they passed the State line,

they heard a siren and the car stopped. " Someone said to stop as

it was the cops.

WHALEN stated that he was the last one out of the car and as he

was getting out of the car, he heard two shots and saw DICK WILSON

on the ground not over 7 feet in front of the police car. He then

helped move DICK WILSON off the road, took his shirt off and then

talked to JOE SWIFT BIRD, one of the officers. WHALEN stated he

smelled alcohol on SWIFT BIRD's breath and he was of the opinion

that SWIFT BIRD was intoxicated.

He continued that he saw DCNALD

and LEROY JANIS standing by SIDNEY YOUNG and when he went over to

them, YOUNG turned his pistol on ROBERT WHALEN.

YOUNG was asking

LE CORPTE if he should kill them; however, he did not hear LE

COMPTE's answer. WHALEN then told GORDON JONES to get YOUNG out

of there and he would quiet the other two down.

He stated that

everything then quieted down and they got in their car and were

sitting there when GEORGE WILSON drove up. The next thing he

knew, GEORGE WILSON had his arm through the window of the police

and he saw SIDNEY YOUNG sitting in the front seat of the

police car and had his revolver in the stomache of LEROY JANIS,

who had also gone to the police

WHALEN stated he helped

pull GEORGE WILSON's arn out of the

broken window and saw LEROY

JANIS grab the pistol from YOUNG. He and DONALD JANIS then held

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MP 89-38

YOUNG down in the front seat of the police car and he hit YOUNG

at least one blow on the back of the head just before LEROY took

YOUNG's gun away from him.

LEROY then went around the car with

the rivolver and did not see what happened to either JONES or

SWIFT BIRD.

He continued that while he was holding YOUNG down in the police

SIDNEY: YOUNG was drunk. YOUNG then said he would forget about

everything so he and DONALD JANIS let YOUNG Up. He, LEROY, DONALD

and DAD AN 1:

WHALEN stated that he knew all of the officers that were invoived

and knew that they

were policemen from Pine Ridge, South Dakota.

MI. DONALD

ROBERT JANIS was interviewed by the writer on October

21, 1954, in the presence of DENNIS LE COMPTE and declined to

furnish

a written statement; however, he stated he would freely

discuss the instant matter.

JANIS statea he came to Pine Ridge

on the evening of October 16, 1954, ard went to the residence of

his sister.

ROBERT WHALEN

LUJROY JANIS Came and pickea him up at this

DICK WILSON, his wife, YVONNE nouse after dark.

He stated that they had a quantity of beer and a hall pint of

whiskey and all were drinking at that time. They then went to

JIM WILSON's place and sat and talked there for some length of

time.

YVONNE was supposed to change her clothing to

go to a dance

while they were there.

While at JTM WILSON's, he did not drink

and

saw no one else take a arink.

They were there for approximately

one-half hour and then left and all started drinking again.

went to HERIS MARRVAL's place about one mile northwest of Pine

Ridge and YVONNE went in and stayed three or four minutes and

came back ana got into the car.

They then drove north to the

vicinity of Calico Community Hall, turned arouna and again came

through Fine Ridge. They arove to the rear of DENNIS LE COMPTE'S

house and saw SIDNEY YOUNG, GORDON JONES and another man in the

Government police car. YOUNG and JONES came to their car and

YOUNG said something

about a beer can they were supposed to have

thrown out of the car. Someone told YOUNG that they did not

throw the beer can and they then left. He did not hear any more

of the conversation between JONES, YOUNG and the other occupants

of the subjects' car.

As they were driving around, he was playing on the guitar in the

back seat and did. not notice where they were going.

He stated

he does not "ecall stopping in front of the police station and

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MP 09-38

cursing YOUNg and JONES nor does he recall. being chased by the

police north on United States Highway 18:

He stated he does

recall going south through Pine Ridge on Nebraska State Highway

8? and stopping to relieve themselves prior to reaching the

State line.

JANIS continued that when they reached the State line, they heard

the siren of the police

car and stopped just over the

The

officers and the occupants of the subjects! car got out and .

I COMPTE came up to the subjects' car. He said something about

taking then back to Pine Ridge and he then saw YOUNG hit the

ground but did not see who had hit him. YOUNG came off the

ground with his revolver in his hand so DICK WILSON grabbed him

by the cross strap of his sambrowne belt and was telling him to

put the gun away.

JANIS stated that he heard two shots and saw

DICK WILSON fall

to the ground. He, WHALEN and LEROY JANIS then

went to YUNG and were surrounding him and cursing him. LE COMPTE

then pulled hin away and told him to get into the car; however,

he did not go.

JANIS continued that things quieted down and LEROY JANIs then hit

YOUNG with his fist. He does not recall how the fight broke up;

however, everyone then got back in their own automobiles.

The

poli e car with JONES, SWIFT BIRD and YOUNG in it went south on

the highway for a short distance, turned aroind and came back and

parked just across the street from the WILSON car and were facing

north.

JANIS stated that just about then, GEORGE WILSON drove up, came

over to the WILSON car and asked what had happened. DICK WILSON

said he had gotten shot so GEORGE walked across the road and he,

WHALEN and LEROY followed a few seconds later. He then saw

GEORGE swing his fist through the window of the police car and he

and LEROY ran around to the other side. of the car. WHALEN got in

the police car from the driver's side and he and LEROY were fight-

ing with ICUNG,

who was still in the front seat of the car.

LEROY took YOUNG's gun away from him and got out of the way, so

DONALD took his place and was staking YOUNG as was WiALEN.

GEORGE's wife and DICK's wife came and pulled DONALD aNd WHALEN

away from YOUNG and then

went over to the WILSON car. He did not

see LEROY strike JONES with the pistol.

He then looked around

and

the only police officer there was LE COMPTE and the figt was

over. They all got in their car then and went to JIM WILSON's

place, where they washed out DICK WILSON's eyes.

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MP 89-38

Mr. GORGE FRANCIS WILSON was interviewed by the writer and DENNIS

LE COMPTE on October 21, 1954, and furnished the following signed

statement:

"10-21-54

Pine Riage, S. D.

"I, George Francis Wilson, make this free si volun-

tary statement to Dennis Le Compte, Special Officer

USIS, and to Robert J. Stevens who has identified him-

self

as a Special Agent of the FBI. No threats or

promises were made to obtain this statement and I was

told it could be used in court against me. I was also

told of my right to a lawyer.

"On saturday night, 10-16-54, I had been drinking ana

went to bed at approximately 9:30 p.m. Around mia-

night someone came to my house in Pine Riâge and

my wife that there had been a fight, the officers hac

shot my brother, Dick Wilson, and that Dick was lying

in the road.

My wife & I got dressed and drove to

the scene of the fight which was just over the Nebraska

South Dakota line on Nebraska State Highway 87.

"When we arrived at the scene the police car was parked

on the east side of the road pointing north and

directly across the road was my fathers car pointing

south. I walked on the road between the two cars and

heard my brother Dick yell that he had been shot.

think Dick pointed to the police car and said 'that

(curse word unrecalled) shot me.' I walked overto

the police car and saw officer Jones sitting behind

the wheel and I immediately struck at him. I thought

the window was down but knew it wasn't when the win-

dow broke, cutting my arm.

Jones came out of the car

and he and I fought.

Either Jones hit me or I fell

hitting my head on

I the pavement.

The next thing I

knew, I was standing in the ditch talking to officer

Le compte. At that time the fight was all over and

I know nothing of the details of the fight engaged

in by the others.

"When

I struck at Jones I recognized him and knew he

was in a government automobile, however I did not

-20-

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## Page 227

NP 89-38

"consider Jones a policeman as he is just a volun-

teer who rides around with the other officers.

"I have read t is statement consisting of two pages

and it is true and correct to the best of my knowledge

and recollection.

"/s/ George =. Wilson

"Witnessed:

/s/ Robert J. Stevens, Spec Agt. FBI, Rapid City

18/ Son, 0e22-mpte, Special Orricer, USIS"

Mr. ORLIN WAYNE WILSON was interviewed by the writer in the presence

Of DENNIS LE COMPTE on October 21, 1954, and declined to furnish

any information in the instant matter.

interview of Witnesses

MI. DICK WHALSN, father of subject WHALEN, contacted the writer

on october 20, 1954, relative to the captioned matter.

He stated

that he had no first-hand knowledge what transpired on the evening

of October 16, 1954; however, he had heard that the officers

When requesteà to be specific in

his allegations, he stated

• that the waitress who works in his

cafe, Mrs. LOUISE SKINNER, had told him that she had passed by

scene of the alleged assault and JOSEPH SWIFT BIRD and appeared

intoxicated when he talked

with her: Mr. WHALEN

continued that

Mrs. SKINNER was the only person he had heard make such a remark.

MrS. LOUISE SKINNER was interviewed by the writer on the evening

of Ocüober 20, 1954, and advised that she and a male companion,

whose name she would prefer not

to divulge, were driving north

on Nebraska State Highway 87 at approximately midnight on October

16, 1954, and had been stopped at the scene of the alleged

assault by Officer JOSEPH SWIFT BIRD.

He

asked Mrs. SKINTER

and her companion to telephone the Sheriff at Rushville, Nebraska,

and ask him to come to the scene of the fight. When

asked what

the

trouble was, SWIFT BIRD and said something about DICK WILSON

having run into

some officers.

According to Mrs. SKINNER,

the

statement made no sense and she had assumed that SWIFT BIRD was

intosicated. She stated she had smelled no alcohol on SWIFT

BIRD's breath and was completely unfamiliar with SWIFT BIRD's

manner of speech when sober, intoxicated of excited.

-21-

NW 68262 Docld:32989685 Page 227

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## Page 228

MP 89-38

was inter-

and furnished the following signed statement:

"10-21-54

Pine

Ridge, S.D.

"I, Velma Rose wilson, make this free & voluntary

statement to Robert J. Stevens who has identified

himself as a Special Agent of the FBI. No threats

or promises were made to obtain this statement and

I was told it could be used in a court of law.

"On Saturday, 10-16-54, my husband, George Wilson

was drinking

and we retired for the night at our

home in Pine Ridge, I think George went to sleep at

approximately 9:30 p.m.

"At approximately midnight someone came to our front

door and told me the cops were having a fight and

Dick Wilson had been killed was lying on the road

the state line.

I woke George up, we got

dressed,

and I drove us to the

scene of

the fight.

We pulled up behind Jim Wilson's car & George got

stayed in our car and George ran over to

the police car and hit at someone through the win-

âOW.

The man who was sitting in the drivers seat

of the police car got out and hit George with some -

thing and knocked him down.

I then saw a group

of men in and around the police car and they

appeared to be arguing.

I don't recall any of the

• details of what took place as I

was extremely ner-

vous and frightened.

"I would be unable to testify to specific details

due to my nervous

condition at the time.

"I don't know how the fight broke up but all of

a sudden they started going back to their cars.

"I have read the statement of two pages and it is

true &

correct to the best of my knowledge and

recollection.

"/s/ Velma Rose Wilson

-22-

NW 68262 Docld:32989685 Page 228

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## Page 229

MP 89-38

"witnessed:

/s/ Robert J. Stevens, Spec Agt, FBI, Rapia City,

SoDa, 10-21-34

/s/ Dennis Le Compte, Special Officer, USIS"

Mrs. YVONNE WHALEN WILSON, Wife of subject ORLIN WILSON and a

sister to subject WHALEN, was interviewed by thewriter in the

prisence of Officer LE COMPTE on October 21, 1154. she aamitted

that she was in the automobile with the subjects on October 10,

1954; however, she denied that anyone nad been drinking.

asked specific questions, Mrs. WILSON would merely sit and say

nothing. The interview

was concluded at that time.

witnesses Observing Condition of Officers on

October 15, 1954

At the direction of the writer, Mr. JOHN B. RICHARD, Deputy

Special Officer, United States

Indian Service, who was not involved

in the instant matter, contacted persons who were in a position

to observe the condition of the involved officers on the evening

and night of october 16, 1954, and the following signed statements

were obtained:

"Molly Sitting Holy - age 32

Pine Ridge, South Dakota

22 October

1954

"I, MOlly Sitting HolJ, an enrolled member of the

Oglala Sioux Iribe, knowing John B. Richard, to be

a Federal officer,

voluntairly and willingly make

the following statement. No promise of reward or

threat has

been made in order to obtain it.

"On saturday night, 16 October 1954, at approxim-

ately 10:PM I was beat up by my husbana George

Sitting Holy,

so Denver Tyon and wife brought me

to the Pine Ridge Hospital. I had occasion to

talk to Joe Swift Bird, Sidney Young and Gordor

Jones, at

the

jail and later at the hospital.

None of these men looked or acted drunk nor could

I detect the odor of intoxicants of any sort.

"The above statement I have read and find it to

be true and correct to the best of my memory.

"signed: Mollie Sitting Holy

-23-

NW 68262 Docld:32989685 Page 229

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## Page 230

MP 89-38

"Witness:

John B. Richard

Deputy Special Officer USIS"

"Mrs. Julia Tyon - age 41

Pine Ridge, South Dakota

22 October 1954

"I, Julia Iyon, an enrolled member of the oglala

Sioux Tribe, knowing John B. Richard to be a federal

officer make the following statement voluntairly

and willingly. No promise of reward or threat has

been made in order to obtain it.

"On Saturday night 16 October 154, I took Mrs.

Molly Sitting Holy to the Pine Ridge jail where she

made a complaint against her husband who had beat

her up. It was

approximately 10:15 PM when we

arrived at the

jail. No one was at the jail at i

time we arrived so we turned the Red signal light

on and in about five minutes the cops arrived.

They

were Gordon Jones and Sidney Young and another man

was with them.

They took information from Mrs.

side and placed

Neither of these men acted drunk or like they had

been drinking nor could I detect the odor of intoxi-

cants of any sort. Later that night or about one

half hour later we seen George Sitting Holy so we

returned to the jail and told the police as we knew

the police were after him. At this time I saw Joe

Swift Bird, who looked and aded like he was not

• drinking or had been drinking.

"I have read the above statement and it is true and

correct to the best of my memory.

"signed:

Julia Tyon

"Witness: John B. Richard,

Special Deputy Officer USIS"

"Verna R. Cadotte - age 38

* Pine Ridge, So. Dak

21 Oct 1954

=24-

NW 68262 Docld:32989685 Page 230

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## Page 231

MP 89-38

"I, Verna Ro Cadotte, registered nurse, was on duty

fine Riage Hospital, Saturday 16 October 1954.

"At 10:30 P.M. Joe Swift Bird, Sidney Young, Gordon

another man came to the hospital with

Mrs. Molly Sitting Holy, who was admitted to the

hospital.

These men did

not act or look arunk in

any way.

"I have given the above statement to John B. Richard,

who introduced himself as a Federal officer. This

statement I give willingly and without any threat

or promise of reward.

"signed: Verna R. Cadotte R.N.

"Witness:

John B. Richard

Deputy Special Officer USIS"

"Mary Lakota

Pine Ridge, South Dakota

21 October

1954

"I, Mary Lakota, an enrolled merber of the Oglala

SIoux Tribe, knowing John B. Richara to be a Federal

officer voluntairly and willingly make the following

statement.

No promise of reward or threat has been

made in order to obtain it.

"On Saturday night 16 October1954, at 9:00 P.M.

Joe Swift Bird and two other police came into my

house after my son, George Sitting Holy. Joe Swift

• Bird sat down along side of me and gave me a

cigarette and talked to me while George was getting

his clothes on. The other two men were standing

inside the room. None of

these men acted or looked

intoxicated nor could i detect an order of alcohol

or intoxicants of any sort.

"Inis statement has been read and interpreted to

me by John B. Richard, and I find it to be true

and correct.

"signed: Mary Lakota

"Witness: John B. Richard, Deputy

Special Officer USIS"

-25-

NW 68262 Docld:32989685 Page 231

---

## Page 232

MP 89-38

"Manning C. hider

Pine Ridge, South Dakota

21 October 1954

"Im Manning C. Rider, Department Head (Guidance)

at Oglala Community High School, was on duty in

charge of the school theater, saturday night 16

October 1954. I sold Joe Swift Bird a snow ticket,

for his wife.

Then later on I went into the theater

while

the show was on and talked to Joe Swift Bird

who was standing in the rear of the theater. Joe,

did

not talk or act intoxicated in any manner, nor

could i detect the odor of intoxicants of any kind.

time was approximately 8:30 P.M.

"I have given this statement willingly to John Bo

Richard, knowing he is a Federal officer, and it

is true and correct to the best of my memory.

"signed: Manning C. Rider

"Witness: John B. Richard

Deputy Special Officer USIS"

"Gloria Ann Brown - age 21

Pine Ridge, South Dakota

21 October

1954

"I, Gloria Ann Brown, knowing John B. Richard, to

a Federal officer, voluntairly and willingly

make the following statement.

No promise of threat

or reward has been made in order to obtain it.

"I came on duty at the line Ridge "ospital as night

nurse at 1l:P.M., Saturday night, 16 Uctober 1954.

At approximately 2:AM morning of 17 October 1954,

voe swift Bird, Gordon Jones, Sidney Young and two

others

came to

the hospital for treatment as they

looked like they were beat up. None of these men

acted or looked intoxicated nor could I detect an

odor of intoxicants of any sort.

"I have read the above statement and find it true

and correct to

the best of my memory.

"signed: Gloria Ann Brown

-26-

NW 68262 Docld:32989685 Page 232

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## Page 233

MP

89-38

"Witness:

John B. Richard

Deputy Special Officer USIS"

"Grace Good Shield

Pine Ridge, So Dak

21 October

1954

"I, Grace Good Shield, an enrolled member of the glala

Sioux tribe, knowing d nn B. Richara to be a Federal

officer voluntairly and willingly give the following

statement.

No promise of reward or threat has been

made in order to obtain it.

"On Saturday night 16 October 1954, I was on duty

as ward attendant at the Pine Ridge Hospital. At

approximately 3:AM, 17 October 1954, Joe Swift Bird,

Sidney Young, Gordon Jones and Dennis Le Compte came

to the nospital. Sidney Young and Gordon Jones were

both bloody and

came for treatment. Joe Swift Bird

Gordon Jones and Sidney Young were acting & talking

loud, I couldn't tell if they were drinking. Dennis

Le Compte, was quiet and didn't talk loud.

"signed: Grace Good Shield

"Witness;

John B. Richard

Deputy

Special Officer USIS"

Medical Examination

The following is a copy of two letters furnished to special Officer

DENNIS LE COMPTE by ROBERT H. RUBY, Medical Officer in Charge,

Pine Ridge Indian Hospital, concerning his examination and treat-

ment of victim SIDNEY YOUNG and Tribal Officer GORDON JONES:

"pine Ridge Indian Hospital

Pine Ridge, South Dakota

"October 22, 1954

"Memoran dum

Dennis LeCompte, Special Officer

From:'

Robert H. Ruby, M. D., Medical Officer in Charge

subject: Examination and

Treatment - Sidney Young

-27-

NW 68262 Docld:32989685 Page 233

---

## Page 234

MP 89-28

"This man was seen by me October 17, 1954.

He haa

the following injuries.

There was

• 22 x 12 cm.

contusion under the chin.

There was a

small contu-

sion on the anterior surface of the nose.

The nose

was displaced slightly to the left and very tender.

There were abrasions,

each about 3 MM. behino the

left ear.

There was a 1CM. area of abrasion over

the lateral condyle of the right elbow. Tere was a

l≥ CM laceration over the proximal interphalanigeal

joint of the right little finger. This was sutured

in our emergency room.

There were several linear

abrasions on the anterior surface of the left fore-

arm. There was bilateral periorbital swelling and

ecchymosis. There was conjunctival hemorrhage on

the left.

There were two small abrasions to the

right knee and tiny abrasions on the anterior surface

each leg

There was

a marked amoung of sweling

and tenderness of the left cervical region lateral

the angle of the jaw.

There was tenderness in the

midscapular region of the right chest posteriorly

I did not notice en alcoholic odor to his breath.

"¡his man was admitted to the hospital for observa-

tion on October 18, 1954 because of some nausea,

vomiting and scotomata. The neurological examination

was entirely negative.

The nose was straightened

somewhat while the patient was here in the hospital.

He was discharged October 21, 1954.

"Robert H. Ruby, M. D.

Medical Officer in Charge

"Pine Ridge Indian Hospital

Fine Ridge, South Dakota

"October 22, 1954

"Memorandum

TO:

From:

Dennis LaCompe, Special Officer

Robert H. Rub:, M. D., Medical Officer

in Charge

Subject: Examination and Treatment - Gordon Jones

"I examined the above named man on Octobe: 17, 1954.

He had one inch laceration just above the bridge of

-28-

Nih Gize Roold-12299685 Page 234

---

## Page 235

MP 89-38

"the nose. This was sutured. He had a small con-

tusion over the left temporal area. I did not

notice an alcoholic odor to his breath.

"Robert I. Ruby, M. D.

Medical Officer in Charge"

Descriptions of Subjects

The following are descriptions of the subjects taken from observa-

tion and interrogation:

Name

Address

Sex

Race

Height

Weight

Build

Hair

Eyes

Complexion

Occupation

Marital Status

Military Service

Relatives:

Father

Mother

Brother

Prior Arrests

Name

Address

Date of Birth

Sex

DONALD ROBERT JANIS

Pine Ridge, South Dakota

Male

7/16 Sioux Indian

51114"•

160 Ibsa

Me di um

Dark brown

Brown

Medium

Laborer

Single

None

ROY JANIS

Kyle, South Dakota

JOSEPHINE JANIS

Kyle, South Dakota

LEROY JANIS

Pine Ridge, south Dakota

Larceny on Indian Reservation,

3 years; released 1953;

public intoxication, Martin,

South Dakota, July,

1954,

$18 fine;

Burglary, Kadoka, South Dakota,

May, 1954, pending

LEROY JOSEPH JANIS, WO,

"Sunshine"

Pine Ridge, South Dakota

February 20, 1927

Rapid City, South Dakota

Male

-29-

- NW 68262 Docld:32989685 Page 235

---

## Page 236

MP 89-38

Race

Height

Weight

Build

Fair

Eyes

Complexion

Occupation

Marital Status

Wife

Son

Military Service

Serial No.

Scars and Marks

Relatives:

Father

Mother

Brother.

Prior Arrests

Name

Address

Date of Birth

Sex

Race

Height

Weight

Build

Hair

Eyes

Complexion

occupation

Marital Status

Wife

- NW 68262 Docld:32989685 Page 236

7/16 Sioux Indian

5'11"

170 lbs.

Medium

Black

Brown

Copper

Janitor, Pine Riage

Indian Hospital

Married

CLEO MORGAN JANIS

Pine Ridge, South Dakota

FAWNEY JANIS, age 1 yeaI

Pine Ridge; South Dakot:

United States Army

RA 17254222

2 la" horizontal scars,

right check bone

ROY JANIS

Kyle, South Dakota

JOSEPHINE JANIS

Kyle, South Dakota

DONALD JANIS

Pine Ridge, South Dakota

None admitted

MERLE

ROBERT WHALEN, wa.,

"Pete"

Pine Ridge, South Dakota

June 20, 1931

Pine Ridge, South Dakota

Male

5/8 Sioux Indian

5'10".

165 Ibs.

Medium

Brown

Brown

Medium

Cat skinner

Separated

YVONNE JONES WHALEN

Rosebud, South Dakota

-30-

---

## Page 237

MP 89-38

Relatives:

Father

Mother

Sons

Previous Arrests

Name

Address

Date of

Birth

Se%

Race

Height

weight

Build

Hair

Eyes

Complexion

Occupation

Military Service

Serial No.

Marital Status

Wife

Chilaren

Relatives:

Father

Mother

Brothers

NW 68262 Docld:32989685 Page 237

:

DICK WHALEN

Pine Ridge,

South Dakota

ELMA WHALEN

Pine Ridge, South Dakota

DOUGLAS W. WHALEN, age 1

Rosebud, south Dakota

ROBERT M. WHALEN, Jro, age 5

Rosebud, South Dakota

Assault on Indian Reserva-

tion, 90 days;

Burglary on Indian Reserva-

tion, 3 years

GEORGE FRANCIS WILSON

• Pine Ridge, South Dakota

February 10, 1918

Pine Ridge, South Dakota

Male

1/4 Sioux Indian

230 Ibs.

Heavy, muscular

Dark

brown

Brown

Medium, wears mustache

Welder, sell-employed as

general trader

United States Navy

USN 6188202

Honorable discharge, 1946

Married

VELMA THRASHER WILSON

Pine

Ridge, South Dakota

5 children by previous

marriage, reside with him

in summer

JAMES WILSON

Pine Ridge, South Dakota

JULIA WILSON

Pine Ridge, south Dakota

WOODROW WILSON

Parker, Arizona

LESTER WILSON

Phoenix, Arizona

- 31-

---

## Page 238

MP 89-38

Scars and Marks

Previous Arrests

Name

Address

Date of Birth

Sex

Race

Height

Weight

Build

Hair

Eyes

Complexion

Occupation

Marital Status

Wife

• Relatives:

Daughter

Sons

Father

Mother

Brothers

NW 68262 Docld:32989685 Page 238

JAMES WILSON,

JR.

United

States Navy

ORLIN W. WILSON

Pine Ridge, South Dakota

Burn scar covering entire

back of left hand;

mole corner of mouth, right

side

Several intoxication arrests,

Pine Ridge Police Department;

Desertion charge, Hot springs,

South Dakota, 1950

ORLIN WAYNE WILSON,, was•,

Richard Wilson, Dick Wilson

Pine Riage, south dakote

April 29, 1934

Pine Ridge, South Dakota

MaLe

5/16 Sioux Indian

5'11'

165 1bs.

Medium

Dark brown

Brown, wears glasses

Medium

Rancher

Married

• YVONNE WHALEN WILSON

Pine Ridge, South Dakota

SANDRA K. WILSON,

age 3

Pine Ridge, south Dakota

RICHARD A. WILSON, 18 months

Pine Riage, South

• Dakota

BILLY D. WILSON, 2 WeEks

JAMES WILSON

Pine Ridge, South Dakota

JULIA WILSON

Pine Ridge, South Dakota

WOODROW WILSON

Parker, Arizona

LESTER WILSON

Phoenix, Arizona

JAMES WILSON, JR.

United States

Navy

-32-

---

## Page 239

MP 89-38

Scars and Marks

Previous Arrests

GEORGE F. WILSON

Pine

• Ridge, south Dakota

Tattoo "Dick" four fingers

of left hand; "52w" left

hand

None

admitted

By letters dated October 23, 1954, the FBI Identification Division

was requested to furnish the known arrest records on the subjects.

It was also requested that the Omaha Office be furnished with

copies of these

identification

records.

- P-

- 330

NW 68262 Docld:32989685 Page 239

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## Page 240

MP 89-38

ADMINISTRATIVE PACE

LEADS

OMAHA DIVISION

At Omaha, Nebraska

Will immediately present the facts of this case to the United

States Attorney for his prosecutive opinion. Expeditious hand-

ling is requested as at least one of the subjects is known to be

making plans to leave South Dakota.

Will furnishtthe United States Attorney with one copy of the

identifiction records of the subjects when received for his

assistance in forming his prosecutive opinion.

UTNNEAPOLIS DIVISION

At Pine Ridge, South Dakota

Will notify Special Officer DENNIS LE COMPTE of the prosecutive

opinion of the United States Attorney at Omaha.

--34-

NW 68262 Docld:32989685 Page 240

---

## Page 241

FEDERAL BUREAU OF INVESTIGATION

Form No. 1

THIS CASE ORIGINATED AT OMAHA

REPORT MADE AT

MINNEAPOLIS

DATE WHEN

MADE

1/12/55

PERIOD FOR WHICH MADE

12/9,23/54

1/1/55

REPORT MADE BY

TITLE

/

DONALD ROBERT JANIS,

Wa.,

ET AL;

DENNIS DE COMPTE,

EP AIs

- VICTIMS

ROBERT J. STEVENS

CHARACTER OF CASE

ASSAULT ON A FEDERAL

OFFICER; DESTRUCTION OF

GOVERNMENT PROPERTY

SYNOPSIS OF FACTS:

DONALD ROBERT JANES: LEROY JOSEPH JANIS; MERLE ROBERT WALEN

and ORLIN WAYNE WILSON/arrested 12/9/54 Pine Ridge, S. Dak.,

by Deputy U. S. Marshal THOMAS SLATTERY, Deputy Special

OffiCer JOSEPH SHIFT BIRD, USIS, and the writer on bench war-

rants issued at Omaha, Neb., and in possession of Deputy U.S.

Marshal SLATTORY. All lour of above subjects released on bond

MERLA NOBOT MALEN egain amested 12/22/54 on charge of burg-

12/10/54 to appear USDC, Chadron, Neb,

lary in Indian Reservation and presently out on $500 bond to

appear USDO, Deadwood, S. Dake, 6/7/55.

- RUC -

CK

2P2. ISC'D.

DETAILS:

APPROVED AND

FORWARDED:

AT PINE RIDGE, SOUTH DAKOTA

On December 9, 1954, the writer was contacted by

Deputy United States Marshal THOMAS SLATTERY, who reauested

the writer's assistance in the location of DONALD ROBERT JANIS,

IBROY JOSEPH JANIS, MERLE ROBERT WHALEN and ORLIN WAYNE WILSON.

Deputy United States Marshal stated that he had in his posses-

sion a bench warrant for their arrests,

which had been issued

SPECIAL AGENT

IN CHARGE

C..

REQ. REC'D

+ EB B

-34-600

1952

ANS.

in sea ind filiate

BY: i2

L DONOT WRITE IN THESE SPACES

ACCORDED - 8T

COPIES OF THIS REPORT

Bureau

109-725)

USA, SioUx

3

Omaha

Omaha)

1 - Minea

Polis (89-38)

Z JAN 14 1955

PROPERTY OF FBI-THIS CONFIDENTIAL REPORT AND ITS CONTENTS ARE LOANED TO YOU BY THE FBI AND ARE NOT TO BE DISTRIBUTED OUTSIDE OF

NW T6L4132989685.Page 241

U, B. GOVERNMENT PRINTINO OFFICE 10-60265-3

---

## Page 242

MP 189-38

at Omaha, Nebraska. He stated that it was necessary to again

take then into custody inasmuch as the bench warrant called

for an increase in the amount of bond on each subject.

DONALD ROBERI JANIS, LEROY JOSEPH JANIS, MARLE

ROBERT WHALEN and ORLIN WAYNE WILSON were arrested by Deputy

United States Marshal THOMAS SLATTERY with the assistance of

Deputy Special Officer JOSEPH SWIFT BIRD, USIs, and the

writer on December 9, 1954, in the vicinity of Pine Ridge,

South Dakota.

Deputy United States Marshal THOMAS SLATTERY ad-

vised the writer on December 17, 1954, that the above four

subjects were taken before United States Commissioner WALTER

H. JOHNSON, Rapid City, South Dakota, on December 10, 1954,

and were incarcerated in the Pennington County Jail at Rapid

City, South Dakota, in lieu of bond.

SLATTERY stated that

on December 16, 1954, the bond on all four individuals had

been approved

and they were released on December 16, 1954,

to appear in United States District Court at Chadron, Neb-

raska, on September 13, 1955.

• For the information of the Omaha Office, subject

MERLE ROBERT WHALEN was arrested by Deputy United States

Marshal THOMAS SLATTERY on December 22, 1954, on a charge of

burglary on the Indian Reservation and

WHALEN is presently

out on $500 bond and scheduled to appear in the united states

District Court at Deadwood, South Dakota, on June 7, 1955.

- RUC -

•.

-NW-68252-Docld:32989685 Page 242

- 2 -

---

## Page 243

MP 189-38

:

ADMINI STRATI VE PAGE

ADMINISTRATI VE DATA

The four subjects

who were apprehended on December

9, 1954, were not classed as

fugitives in the title of this

report as the bench warrants for their arrests were still in

the possession of Deputy United States Marshal THOMAS SLATTERY,

who had not formally requested the assistance of the FBI in

their location and apprehension.

REFERENCE

Report of SA ROBERT J. STEVENS, Minneapolis,

dated December 7, 1954--3

Minneapolis airtel to the Bureau dated December

9, 19540-1

Bureau airtel to Minneapolis dated December 21,

1954.

- 3

Minneapolis airtel to Bureau dated December 27,

1954.,10

• .

NW 68262 Docld:32989685 Page 243

3

---

## Page 244

FD-36

FEDERAL BUREAU ;OF INVESTIGATION

UNITED STATES DSPARTMENT OF JUSTICE,

AIRTEL

Transmit the following Foletype message to:

AIR MAIL

FBI MINNEAPOLIS

12/9/54

DIRECTOR, FBI

!ie,

DONALD ROBERT JANIS - FUG; LEROY JOSEPH JANIS,

WA. - TUG; MERLE ROBERT

•WHALEN, WA.

ET AL

- FUG; AFO; DGP. ALL FOUR FUGITIVES APPREHENDED THIS DATE PINE

RIDER, S.D. BY DEPUTY USH THOMAS SLATTERY, DEPUTY SPECIAL OFFICER JOSEPH

SWIFT BIRD, USIS, AND SA ROBERT J. STEVENS. DEPUTY USM HAS NECESSARY

PAPERS. HEARING FOR BOND SET FOR 12/10/540

HOWARD

89-38

RIS: jar

CC:

2 - Omaha

Rosen

RECORDED - 6

2x-188

Dr::^ 1954

3177

210tt

..i,

. \

DEC 1719042.

NW 68262 Docla!32985685-Page 2441 Abent. in CharoR

Sent_

Per

---

## Page 245

" із"

FEDERAL BUREAU OF INVESTIGATION

Form No. 1

THIS CASE ORIGINATED AT OMAHA

REPORT MADE AT

DATE WHEN

PERIOD FOR WHICH MADE

HINNEAPOLIS

12/7/54.

11/9,10,13,

15,17,26/54

TITLE

CHANCED: LONALD ROBARD: JANTS, Wa.!

Robert sonald Janis - FUGITIVE;

LARUT JOSIVE JANIS, Wa., - FUGimV;

merle inalen - FUGITIVE, GEORGE

WIISON - FUGITIVE; CRLIN

DATES LOW, DIA

- FUGITIVE;

VICTIMS

REPORT MADE BY

SA ROBERT J. STEVENS jVI

CHARACTER OF CASE

ASSAULT UN A FEDERAL

OFTICER; DESTRUCTION

GOV FINENE PROPIRTY

OF

SYNOPSIS OF FACTS:

subjects D. R. JANIS, L. J.

JANIS, M. R. MiALeD, and o. w.

WILSON apprehended 11/15/54 at Pine Ridge, S. D., on autrorization

from AUSA LIAN W. WALLACE, Omaha, Nebr.

Subjects appeared

before USC WALTER H. JOHNSON, Rapid City, South Dakota,

11/17/54, requested

preliminary hearing,

and were released

-1,000 bond each, returnable Rapid City, South, Lakota,

1E/28/54. Identification records set forth pliat

in CSO.

REQ. RECO 1: 24-62

FEB &

1962

ANS.

DETAILS:

The title of this case is marked chenda

the additional aliases of ROBERI DONALU JANIS and ROBERI

MERLE WHATIN•

AGENCY!""

RED. REC DJ 42-2

BY.

€ :.

fifth conni in

Mitil lie.

APPROVED AND

FORWARDED:

SPECIAL AGENT

IN CHARGE

DO NOT WRITE IN THESE SPACES

COPIES OF THIS REPORT

• 2-Bureau

I-USA, SIOUX

1-000 2789-389)

11 DEC

D 1954

PUG. SUR

- =1

REI

;.

NW 6826949361055989885 peGe LAGNED TO YOU BY THE FBI, AND NEITHER IT NOR ITS CONTENTS ARE TO BE DISTRIBUTED OUTSIDE THE AGENCY

---

## Page 246

MP 89-38

By teletype dated November 9, 1954, the mana Office

requested that

Official

status of

GORLON JAMES JONES bE

ascertained.

By teletype dated November 10, 1954, the Crana

office was advised that GORDiN JONES had been deputized by

Acting

Chief of Police JOHN RICHARD as a volunteer, unpaid

Indian Tribal Officer on October 16, 1954, and was

deputized as

a Federal Officer.

By teletype dated November 12, 1954, the Omaha Office

advised that Assistant United States Attorney DEAN W: WALLACE,

united states Conmissioner E. M. JONSON of Chadron, lebrasisa,

Nebraska, naa authorized SA ROBERT D. KINSEY to file befOre

conplaints charging DUNALU ROBERT JANIS, LEROY JOSEPH JANIS,

and MARLE, KOBERT WHALEN, with violations of Section 1ll, Title 10,

United States code. IBRUY JOSEPH JANIS was charged with three

counts of violation of the above section and they were as follows:

count one, that he aid on or about October 1ú, 1954, in Sherican

Count Chann tin District o LeD aska, in amily and

feloniously assault, resist, oppose, intiniaate, and interfore

with DENTiS LE COMPTE, an officer and employee of the Indian

Field service, being duly authorized and engaged in performance

Oi olIcial duties, - count two, did assauLt SILheY YoUNG, auLy

authorized and while in performance of official auties, - count

three,

similarly assault JOSEPH SWIET BIRD, duly authorized,

in performance of official auties, and that in commission

of saia assault, LEROY JOSEPH JANiS did use a deadly aná dangerous

weapun, nanely a revolver.

DONALD ROBERT JANIS was charged with one count in the

complaint, which is identical with count one against LERoy

JOSEPH JANIS, the victim, however, in this case was SIDNEY YOUNG.

MERLE ROBERT WHALEN was also charged on a one counti

complaint which was identical with the account against DONALD

RODERT JANIS.

Assistant United States Attorney WALlACE recommended

$1,000 bond each, returnable forthwith at Omaha, Nebraska.

By airtel dated November 13, 1954, the Cmaha Office was

requested to represent the facts concerning

the assault by subject

ORDIN

MILSON as the report of the writer dated November <, 1954,

inäicated a violation

on his

part.

- 2 -

NW 68262 Docld:32989685 Page 246

---

## Page 247

HP 89-38

the Omaha

orrice advise tet as datant onited states Stee mani

WALLACE,

omaha, nebraska, had authorized the filing of a

• WILSON, which was to be filed at

Chacron, Nebraska, on November 10, 1954.

Bond was recommended

fOr O. W. WILSON

at $1, 000, returnable at Omaha.

AS PINE RIDGE, SOUT LAKOTA

On November 15, 1954, subjects DONALD ROBIRT JANIS,

LEROY JOSEPH JANIS, MERLE ROBERT WHALEN, and ORLIN WAYNE WILSON

were apprenended oy DENNIS LE COMPTE,

Indian Service, JOHN B. RICHARD,

Special Officer

United

Deputy Special Officer,

United States Indian Service,

and SA'S LYNN P. SMITH and the

writer.

All four subjects were confined in the Pine Ridge Agency

jail

and Deputy United States Marshal CHARLES NANDSAGER, Sioux

Falls, South Dakota, was so advised.

AT RAPID CITY, SOUTH DAKOTA

On ivovember 17, 1954, all four fugitives were taken

before United States Commissioner WALTER H. JOHNSON,

the charges

hearing which was

were released

on 41,000 bond

south Dakota, on December 28, 19540

The FBI Identification Division advised they were

unable to identify ORLIN WAYNE WILSON with a criminal record

on the basis of information furnished to them.

The Identification Division, by return dated November 1,

1954, furnished the following fingerprint record for GEORGE

FRANCIS WILSON, FBI #746 972 B:

CONTRIBUTOR OF NAME AND

FINGERPRINTS

NU: BIR

NRS Denver

GEORGE

colo

FRANCIS

ARRESTED OR

RECEIVED

appl

9-30-42

CHARGE

DISPOSITION

HILSON

The Identification Division, by return dated November 1,

1954,, furnished the

following arrest record for CHALD ROBERT JANIS,

T220 50h B:

-3-

NW 68262 Docld:32989685 Page 247

---

## Page 248

MP 89-38

CONTRIBUTOR OF

FINGERPRINTS

SO Kadoka SDak

NAIIE AND

NUNBER

ROBERT DONALD

JANIS #--

ARRESTED OR

RECELVED

9-7-52

CHARGE

GL

DISPOSITION

pending

St Pen Sioux

DONALE JANIS

11-11-52

GL

3 yrs

Falls SDak

#11501

SO Kadoka SDAK DONALD ROBERT

5-6-54

3d deg

JANIS #--

burg

The Identification Division, by return dated November &,

1954, furnished the following arrest recora for MERLE ROBERT

WHALEN, FBI #34. 669 A:

CONTRISUTOP. OF

NAME AND

FING LAPRINIS

WUMBER

PD, Mobriage,

ROBERT M.

ARRESTED OR

RECEIVED

11/27/46

Suak.

WHALEN

CHARGE

drunk

DISPOSIFION

rel.

#3004.

USil, SiOUs.

Falls, Slak.

ROBERT HERLE

6/3/48.

WHALEN #3059

larc. on pending sent

by us

Indian

Reserva-

sioux Falls

SDak

placed subject

on deferred

prosecution

to be placec

under the sui-

ervision of tre

US Parole

proo Off Siou:

Palls sLak for

1yr from

6/4/40 to

6/4/49

Army

ROBERT HERLE

WRALEN

#RA17254291

2/8/49

Rapid City

SDak

- 4-

NW 68262 Docld:32989685 Page 248

---

## Page 249

MP 89-38

CONTRIBUTOR OF NAKE: AND

FINGERPRIVIS

WUMBER

iN, PuebLO,

ROBERT HERLE

colo.

WHALEN $3740

SO, Pueblo,

colo.

SReí, Buena

Vista, colo

30, Deadwood,

S. Dak.

USM,

Sioux Falls,

S. Dak.

ARRESTED OR

RECHIVEL

7/7/49

HUBE NEATEN 7/8/49

RUBERT MERLE

8/22/49

WHALEN,

712,005

ROBURT M.

WADEN

#--

ROBERT MI.

WHALEN

#3298

7/13/50

7/13/50

CHARGE

burg.

birglary

burg

DISPUSITION

pending; iG,

8/19/49, Dist

Crt inöet SRes

indet

burg

bung

Pending Fed.

Crt.

SO Rapid City

SDak

ROBERT

WHALEN

#3216

USM Sioux Falls ROBERT

SDak

WHALEN

#34.08

5/14/51

Indian Reservation

GI -

Pending

Federal

5/14/52

Larc.

committed indie dishon

on an

chg of crime

Indian

Reservation

larc

Jed Ref EJ.

MERLE ROBERT

5/24/51

burg on

3 JI's

Reno Okla

WHALEN

Indian

#18297-SW

Reservation

USM SioUx Falls ROBERT M.

4/20/54

SDak

burg

WHALEN - #3966

AS ROBERT WHALEN, PD, Pine Ridge, SDal, 1948,

burg placed on prob to join us Army.

- 5-

NW 68262 Docld:32989685 Page 249

---

## Page 250

MP 89-38

CONTRIBUTOR OF

• NAME AND

FINGERPRINTS_

ARRESTED OR

RECRIVED

CHARGE

DISPOSITION

AS MILE ROBIRE WIALEN 43298 USM SiOUX Falls S Dal

5/20/51 burglary on Indian Reservation and

probation violation 5/22/51 sent to 3 yes in cust of

Atty Gen for probition violation.

The Identification Division, by return dated November 2,

1954, furnished the following arrest recora for LUROY JOSL'i JANIS,

CONTRISUTOR ON NAME AND

EIG RIVES

NUMBER

Arny

LEROY JOSEPH

JANIS

RA17254222

CSC - A

LERCY JOSEPH

JANIS

#9-54-6996

ARRESTED OR

RECEIVED

9-21-48

Rapid City

SDak

12/17/53

CHARGE

DIS: OSITION

-P .

- 6-

NW 68262 Docld:32989685 Page 250

---

## Page 251

NIP 89-38

ADMINIStRAriVE PAGE

LEADS

MINHEAPOLIS DIVISION

At Rapid City, South Dakota

will, on December 28, 1954, follow and report the

results of the subjects' preliminary hearing.

REFERENCE

dated 11/2/54.

Report of SA ROBERT J. STEVENS, at Minneapolis,

Omana airtel to Minneapolis, 11/2/540

Omaha teletype to Minneapolis, 11/9/54°

Minneapolis teletype to Omana, 11/10 54•

Minneapolis airtel to Bureau

and Omaha, 11/15/54-2

• i

-

NW 68262 Docld:32989685 Page 251

---

## Page 252

Repart Forma

FD-*263 (5-12-55)

Reporting OffIce

OMAHA

TITLE OF CASE

2/

FEDERAL BUREAU OF INVESTIGATION

Office of Origin

OMAHA

6-1

Date

5/18/56

Investigative Period

5/16/56

Report nade by

LAWRENCE L. PHIPPS

CHARACTER OF CASE

ASSAULT ON A FEDERAL OFFICER;

DESTRUCT ION OF GOVERNMENT

PROPERTY

Iyped By:

JM

DENNIS LE COMPTE, ET AL -

Synopsis:

Approved

Copies made:

UNA, Omaha, advised indictments dismissed against ORLIN

WILSON, MERLE WHALEN, LEROY JANIS and DONALD JANIS on

recommendation of the Criminal Division of the Department

of Justice.

ACENCY: '1 i

-0 .

REM. REC'D.

REPUT FORW.

DETAILS:

On May 16, 1956, United States Attorney WILLIAM C. SPIRE,

mana, Nebraska, informed that the indictments were

dismissed on May

8, 1956, by the court on application of

the Government with and upon the recommendation of the

Criminal Division of the Department of Justice against

the following persons:

ORLIN WAYNE WILSON, MERLE ROBERT

WHALEN, LEROY JOSEPH JANIS, and DONALD ROBERT JANIS.

-C-

Special

Agent

in Charge

!

Bureau (89-725)

I- USA, Omaha

1- Omaha (89-11)

Do not write

in spaces below

Eite

• RECC223 - 97

LU MAY 21 1956'

Ext?

235

dJUr 5

y Property of FBI - Ihis report 19

Asto

ICC TO:-

REQ. REC'D/-24- 62

FEB 8

1962

ANS.

EY. Like =

are

to

be distributed

0ut81dr

---

## Page 253

OM 89-11

REFERENCE

Report of SA LEWIS E. GLENN dated 1/20/56 at Omaha.

- 16

ADMINISTRATIVE PAGE

$8742 Mock2982697 Page-243

---

## Page 254

25.

FEDERAL BUREAU OF INVESTIGATION

form No. 1

THIS CASE ORIGINATED AT ONAHA

REPORT MADE AT

DATE WHEN

PERIOD FOR WHICH MADE

OLATIA, NEBRASKA

1/251/55

1/12,20/55

TITLE

DOMALD ROBERI JANIS, lias., et al;

DEUNIS LE COMPTE, et al - VICTIHS

REPORT MADE BY

ROBERT D. KINSEY

ASSAULE E A FEDERAL

OFFICER; DESTRUCTION OF

GOVERNHENT PROPERTY

jmg

SYNOPSIS OF FACTS:

AUbA, Umana, Hebraska, advisod trial, if any, or subjects, will

be held in

September

1955 at Chadron,

Nebraska.

-P* -

DETAILS: At Omaha, Nebraska

Assistant U, S. Attorney DEAN W. WALLACE informed on January 12,

1955 that the trial of subjects would be held in September 1955

at Chadron, Nebraska.

Mr. WALLACE further inforned that it was

possible that subjects would never be brought to trial as the

Dopartment had questioned the authority of the victims at the

• time the alleged assaults had taken place.

Ms• WALLACE

stated that when a definite decision had been made

as

to the disposition of this

case, that he would inform the

Omaha Office®

REQ. RECO /• 04-6%

FEE?

1962

ANS.

APPROVED AND

FORWARDED:

WNW so

SPECIAL AGENT

IN CHARGE

DO NOT WRITE IN THESE SPACES

2

COPIeS OF THIS REPORT

Bureau

189-22PE

? - Oncha

(89-11)

RACCORDED - 3

20 JAN

?X 1955

messence

1*1 272009

PROPERTY OF FBI-THIS REPORT IS LOANED TO YOU BY THE FBI, AND NEITHER IT NOR ITS CONTENTS ARE TO BE DISTRIBUTED OUTSIDE THE AGEMCY

TO WHICH LOANED

JW 68262 Docld:32989685 Page 25

U. S. GOVERNKENT PRINTING OFFICE

10-50255-8

---

## Page 255

011 89-1.1

ADLINI STRATIVE PAGE

LEADS

THIS ONAMA DIVISION

At Omaha. Nebraska

Will follow and report the disposition of this case.

REFERENCES:

Report of SA ROBERI J. STEVENS, dated January 12,

1955 at Kinneapolis.

; Of SA ROBERT D. KINSEY, dated January 7,

1955 at Omaha. ~ Y

-2m

- NW 68284-Docld:32989685-Page 255

---

## Page 256

FD-365 (RAy-9-27-55)

Transmit the following in

Via

AIRTEL

To:

From:

Subject:

FBI

Date:

4/2/73

(Type in plaintext or code).

AIRMAIL - REGISTERED

(Priority)

Director, FBI

ATTENTION:

X CIVIL RIGHTS SECTION

MINNEAPOLIS (44-699)

GENERAL INVEST. DIV.

(C)[ DOMESTIC INTELLIGENCE DIV.

RICHARDAVILSON:*

сіій

MRS. KICHARD SISTER" WILSON;.

Minn

RICHARD V. MARSHALL - VICTIM

INTIMIDATION; CIVIL RIGHTS

X CR

DEL

TVRA-65 ETCRA-64

ОРА ОРЕ

UPF

J BM I BM-Threats

→ Racial Matters

_ Klan

Organization

Summary of Complaint:

This investigation was predicated upon a complaint

by the Victim to Special Assistant Attorney' General CARLTON

STOIBER, Civil Rights Division, Department of Justice, on

3/30/730

On 3/31/73, RICHARD V. MARSHALL furnished information

that he had been threatened by RICHARD WILSON, Oglala Sioux

I'ribal Chairman, on 3/28/13 at Rushville, Nebraska.

Victim was accused by the Subjects of being a member of AIM.

The Subject told the Victim that he wouldhave his son "get

Subjects used profane language against the

Victim.

BEC-55

246

84

As a result of subsequent investigation and in view

of the declination of Special Assistant Attorney General

CARLION STOIBER, no further investigation is being conducted»=

ACTION: UACB:

BI. APR 17 1973

A No further action being taken and

Bureau

1 Lak enclosed Copy furnished to USA South Dakota and"

(Encs.

LHM being submitted

Assistant Attorney

General CARLTON STOIBER

Report being submitted

WTB/ spr/ sms

1 - Minneapol_ Preliminary investigation instituted

(3)

Limited investigation instituted

Kant

ApproVe?. MAY 301079i

Sent

_ M

Per

NW 6825/BcRi22889

cial Agent in. Charge

Page 256

---

## Page 257

273-10040

-NW 68262 Docld:32989685 Page 257

---

## Page 258

• Ni

In Reply, Please Refer 10

File No.

. UNI

STATES DEPARTMENT OF JL

FEDERAL BUREAU OF INVESTIGATION

Pine Ridge, South Dakota

•April 2, 1973

ICE

.....

RICHARD WILSON:

MRS. RICHARD "SISTER" WILSON;

RICHARD V. MARSHALL - VICTIM

On March 30, 1973, RICHARD V. MARSHALL, Pine Ridge,

South Dakota,

filed a

complaint with Special Assistant Attorney

¡ General CARLTON STOIBER, Civil Rights Division, United States

Department of Justice,

against RICHARD WILSON

Oglala Sioux

Tribal Chairman, and his wife, Mrs. RICHARD "SISTER" WILSON.

On March 31, 1973, MARSHALL furnished a signed

statement to Special

Agents of the Federal Bureau of

Investigation which is included herewith.

On hearing the details of this case, Special Assistant

Attorney General CARLION STOIBER,

Pine Ridge, South Dakota,

advised he would decline prosecution of this matter in view

of there being no substantive violation of Federal law due

to the absence of a physical threat.

Copies of this communication are being forwarded

to Special. Assistant Attorney General CARLTON STOIBER, line

Ridge, South Dakota, and to Mr.. WILLIAM CLAYTON, United States

Attorney, District of South Dakota, Sioux Falls, South Dakota.

This document contains neither recommendations nor conclusions

of the FBI. It is the property oi the FBI and is loaned to your

agency;-it and its contents are not to be distributed outside your.

agency..

4-0-24684

ENCLOSURE

N. 68262 'Docld:32989685• Page258

---

## Page 259

FEDERAL BUREAU OF INVESTIGATION

:April 1, 1973

: ¡Dole of transcription_

On this date, RICHARD V. MARSHALL,

House Number 1

Pine Ridge, South Dakota, telephone number 86/-55/1, Furnished

the fotowing signed statement:

"Pine Ridge?

South Dakota

"March 31,

1973

"I, RICHARD V: MARSHALL, make the following free and

voluntary statement to JAMES

E. BOWMAN and BILL D. COLVIN

who have identified themselves to me as Special Agents of

the Federal Bureau of Investigation.

"I was born on September 27, 1950, in Julesburg,

Colorado, and consider my residence Pine Ridge, South

Dakota. I completed high school and can read and write.

Traveler S doh 38, 2973 Ate, Natasia, a pthe

Rushville, Nebraska, I was playing

pool with JESSE MILES.

JESSE MILES iS

a Negro who told

me that he is a student at the University of Kansas,

Lawrence, Kansas. I had never met JESSE MILES before

this evening.

"WAYNE PATTON of louse 30, Pine Ridge, South Dakota,

and Paul WilsoN of House 2, Pine Ridge, South Dakota,

were with me on this evening also.

While I was playing

pool, Mrs. RICHARD "SISTER"

and called me an AIM son-of-a-bitch.

WILSON came around the corner

"I have known the WILSOl fomily for eight years and

lived with them for one munth during the summer of 1971.

I have never had any argunents or controntations with

•the WIlsoNs prior to this evening.

"BARNES ECOFFEY then came around the corner and

told me that DICK WILSON vanted to tall to me.

asked

BARNeS why, and he said he did not know why.

"I weiit

to WILSON's table and he told me that he saw

my name

on a petition for better government on the reser-

vátion.

He asked me if I were a member of AIM and I said

Interviewed on.

3/31/73

SAS JAMIES E. BONMAIT and.

BR-BILL D. COLVIN - SMS

Pine Ridge, South Dakota File #

1445699*1

Date dictated

4/1/73

shit document suntains ralli recommerdalions nor conclusions of le fBl lis the properly of le FBl and is lesoned to vaur agents:

• jane le dentuate re not la be distribuled outside your agency

NW 68262 Docld:32989685- Pâge 259:

---

## Page 260

MP 4/0-6992

JEB/sms

I told him that I vas not against him.

I told

him that I am for a better

government

He told me that

my best bet was to get off the reservation. I asked him.

If this included my family and he said yecause I am a

I told hin

that I would not leave the reservation

sioux and have a right to live on the reservation.

"WILSON pushed his chair and asked me to fight.

I, told him I did not want to fight because I did not

Eight

did no.

want to make a fool of myself in front of everybody.

He said

he would have his son kick my ass:

"'SISTER' WILSON then told me that she would have

some

girls beat up my wife, CLEo.

"After he told me to get my family off the reserva

tion, I asked him if all the people with their names on

the petition should get off the reservation.

He had no

answer. I asked him why I should get off and why he was

picking on me.

"After his wife, 'SISTER'

, said she was going to

have some girls beat up my wife, WILSON told

me I better

watch out for myself.

Once or twice,

'SISTER' WILSON

called me an AIM son-of-a-bitch.

"I then returned to play pool and told PAUL WILSON

and WAYNE PATTON that we had better leave.

"I believe EARI, WOOD, the bartender at the Traveler's

Lounge, may have overheard my couversation with DICK WILSON.

"I have not talked to any nomber of the WILSON fanily

since the evening of March 23, 1973.

"I have read the above statement consisting of this

and to other pages.

I have initialed each page and

correction.

This

,statement is true.

"/S/ RICHARD V. MARSHALI,

liarch 31, 1973

"BILL D. COLVIN, FBI, Mpls, Minn, 3/31/73.

"JAMES E. BOWMAN, FBI, Minneapolis, Minnesota, March 31, 1973"

Niv 68262 Döcid: 32989685* Page 260-

---

## Page 261

in. :;

3

•. MP.

44÷699-

•JEB,

: RICHARD V. MARSHALL is described as follows:

Name

Aliases

Date of Birth

Place of Birch

Sex

Race

Social Security Number

Height

Weight

Hair

Eyes

Tattoo

Scar

Occupation

Employment

Address

Wife

Son

Education

Arrests

RICHARD V. MARSHALL,

DICK. MARSH

September 27, 1950

*Julesburg, Colorado

Male

Indian

K Act 5 (g) (2)

-"!:

155 pounds

Black

BrOWn

"R" on left wrist

Appendix scar, two inches, on

right side

Carpenter

Unemployed

Post Office Box 110

"Pitc Ridge,

South Dakota

GLEO E. HARSHALL

STEVEN RAY MARSIALL, (16 menths)

12 years high school, Miscion,

South Dakota; I year vocational

school, Haskell Junior Coliege,

Lawrence, Kansas

fall of

soil, disorderly consuct,

Rushville, Nebraska

Ex-wife

Stepdaughter

122к

NW 68262 Docld:32989685 Page 261:

• ""

r.;

29

---

## Page 262

9/18/75 request - HSC

Re Dick Wilson

ACCESS

Recrewed

NW 68262 Docld:32989685

Page 262

---

## Page 263

FD-365 (Rev: 8-9-71)

• FBI

Date:

4/29/73

Transmit the following in _

Via

AIRTEL

(Type in plairitext or code)

AIRMAIL

(Priority)

To:

Director, FBI

ATTENTION:

From: SACMINNEAPOLIS (44-732) CIVIL RIGHTS SECTION •

(C)

GENERAL INVEST. DIV.

Subject:

RICHARD WILSON;

XIGOON SQUADT

DOMESTIC INTELLIGENCE DIV.

ALIE DEN FINGER DARDICTIM

DEL

ODIH

d EID

• Bomb Threats

D CRA-64

• PA

OPE

UPF

• Extremist Matters

• White Hate 0J Black

Summary of Complaint:

On 4/17/73 FAZEL LITTLE HAWK, a resident of Pine

Ridge,-

South Dakota, complained to SA NOEL A. CASTLEMAN that she

had received word that ALFRED TEN FINGERS at Oglala, South

Dakota, had been badly beaten up several days ago by members

Of RICHARD WILSON'S "Goon Squad". LITTLE HAWK also said that she

understood that TEN FINGERS waS

interested in discussing the

matter with Federal officials.

ALFRED TEN FINGERS was located at Oglala, South Dakota,

4/28/73.

TEN FINGERS advised he was last- in jail in Pine Ridge

in February s

1973, and had never been physically mistreated by

RICHARD

WILSON Or

members

of his Police Department.

24906

ACTION

- Bureau c

(Enc.

6.9r

1 - Minneapolis

JAH: Sks

(3)

NACB:

REC-23

salfurther action being taken and

LHM enclosed

X. Copy furnished to USA

, Sioux Falls,

FD-376 (enclosure to LHM)

South Dakota

+ EHM being submitted 1 - Departmental Attorney,

Report being submitted Civil Rights Division, United

Preliminary investigation instituted States Department of

Limited investigation instituted Justice at Pine Ridge,

south Dakota

4073

7 MAX 3/1 1973

Approved:

Sent -77 MAY 5. 1973 Per

Special Agent in Charge

NW 68262 Docld: 32989685 Page 263

---

## Page 264

* * 12.

In Reply, Please Refer to

File No.

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

Pine Ridge, South Dakota

April 29, 1973

RICHARD WILSON;

"GOON SQUAD"

PINE RIDGE, SOUTH DAKOTA

ALFRED TEN

FINGERS - VICTIM

Copies of this communication are being furnished

to Departmental Attorney, Civil Rights Division, United

States Department of Justice at Pine Ridge, south Dakota,

and to the united states attorney, District of south

Dakota, Sioux Falls, South Dakota.

On April 17, 1973, Hazel Little Hawk, a resident

Noel A. Castleman that she had received word that Alfred

ten fingers at oglala, South Dakota, had been badly beaten

up several days ago by members of Richard Wilson's "Goon

Squad".

Little Hawk also said that she understood that

Ten Fingers was interested in discussing the matter with

Federal officials.

Richard "Dick" Wilson is the duly elected President

of the Oglala Sioux Tribal Council, Pine Ridge

Indian Reservation, and in this position he has taken

a strong stand against the American Indian

Movement (AIM) and its objectsivés. Impeachment

action has been taken against Wilson on numerous

occasions by members of

the Tribal Council

sympathetic to AIM, and his removal has been

a primary objective of AIM at Wounded Knee,

South Dakota.

He and his supporters,

commonly referred to as his "goon squad",

• have been the subjects of numerous civil

rights complaints that have been made during

the negotiations at Wounded Knee.

Alfred Ten Fingers was located at Oglala, south

vaxota, on april 28, 1973, and furnished the following

information:

44-0-24906

ENCLOSURE

• NW 68262 Docld: 32989685 Page 264

---

## Page 265

r:nd55 11-27-7015

FEDERAL BUREAU OF INVESTIGATION

Dole of transcription_ 4/229/73

ALFRED TEN FINGERS was located at the residence of

at Oglala, South Dakota.

TEN FINGERS

TEN FINGERS advised

that he had last had contact with the Bureau of Indian

Affairs (BIA) Police when he was put in their jail one night

in February, 1973, to sleep and then was released the

following morning.

mine: Pan pietas

TEN FINGERS advised that he was not

mistreated in any

way by the police on that occasion and

in fact has never been mistreated by any of the BIA Police.

He advised that he had no way of knowing who ever started

any story that he had been mistreated and that he wanted

to talk, to any Federal officers because he had nothing to

talk to them about.

The following is a description of TEN FINGERS

as obtained through observation and interrogation:

Name

ALFRED/TEN FiNGERS

Address

Oglala,

Souch Dakota

Race

Oglala-Sious Indian

Age…:""

59

Date of birth

JulJ-20, 1913

Place of birth

Oglala,

South Dakota

Height

5'8"

Weight

145

Hair

Brown

Eyes

Brown

Marital status

Single

Education

8th grade •

Brother

GILBERT

' BRUCE, Crawford, Nebraska

Interviewed on.

4/28/73

_al.

SA CARL E. UNDERHILL and

SA' JANES ALLEN HILVERDA ?SkS

Oglala, South Dakota

_File #

1"' 44-732

_Dase diciaied.

4/28/73

This document contolns nellhor rocommendations nor conclusions of the FBI. II is the property of iho FBI and is looned in your agancy;

"und ils contents ore not lo bu distribuled oulside your ugency."

NW 68262 Docld: 32989685 Page 265

40459

---

## Page 266

RICHARD WILSON;

"GOON SQUAD"

PINE RIDGE, SOUTH DAKOTA

ALFRED TEN

FINGERS - VICTIM

This

document contains neither recommendations nor

conclusions of the FBI.

It is

the property of the FBI and

is loaned to your agency; it and its contents are not to be

distributed outside

your agency.

sart

=3*

NW 68262 Docld:32989685 Page 266

---

## Page 267

197

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---

## Page 268

FEDERAL UREAL OF INVESTIG ITION

REPORTING OFFICE

MINNE A POLIS

OFFICE OF ORIGIN

MINNEA POLIS

TITLE OF CASE

RICHARD

WILSON,

Tribal Chairman;

DATE

7/26/73

REPORT MADE BY

JOHN R. MAXWELL

CHARACTER OF CASE

INVESTIGATIVE PERIOD

6/13/73-7/26/73

CHARLES DAVID WINTERS, aka

Elmer Fudd Winters;

THIER

HERMES MERRIVAL;

GLENN HERMIS THREE STARS;

INTIMIDATION; CR

RUSSELL MEANS - VICTIM

GARY THOMAS - VICTIM

REFERENCE:

Bureau airted to Minneapolis dated 1/12/13.

Minneapolis report of SA FRANCIS M. HENWOOD

dated 6/12/73.

-C -

ADMINISTRATIVE

All persons interviewed in this investigation were

advised investigation was being conducted at the request

the

Assistant Attorney General, Civil Rights Division, U.S.

repartment

of Justice.

TYPED BY

jar

CONVIC.

FUG.

ACCOMPLISHMENTS CLAIMED

FINE:S

SAVINGS

APPROVED

COPIESMAD

PECIAL AGEN

I CHARG

Bureau (44-56075)

USA,

Sioux Falls

1 -

Minneapolis (44-698)

XX NONE

JACQUIT-

RECOVERIES

TALS

CASE HAS BEEN:

PENDINS OVER ONE YÈAR [TYESXXINO

PENDING PROSECUTION

OVER SIX WONTHS

DYES RENO

DO NOT WRITE IN SPACES BELOW

44-156-05

GIREC-9

8

2X-103

114 AUG X< 1973

Dissemination Record of Attached Report

Agency

Request Recd.

Date Fwd.

How Fwd.

By

8/2/23

0-20 AS AUG 151913

NW 68262 Docid:32089685 Page 268.

Notations

(1

-

A*-

COVER PAGE

McDONOUGH

SIX

DATA PROC

---

## Page 269

F.

FD. 26 (Rev. 3-3-59)

UNH

ED STATES DEPARTMENT OF JUSTICE.

FEDERAL BUREAU OF INVESTIGATION

Copy t0:

1 - USA,

Sioux Falls

Report of:

Date:

JOHN R. MAXWELL

Office: Minneapolis, Minnesota

7/26/73

Field Office File #:

44-698

Bureau File #:

44-56075

Title:

RICHARD WILSON, Tribal Chairman;

CHARLES DAVID WINTERS;

PETER HERMES MERRIVAL;

GLENN HERMIS THREE STARS;

RUSSELL MEANS - VICTIM

GARY THOMAS - VICTIM

Character:

INTIMIDATION; CIVIL RIGHTS

Synopsis:

Witness THELMA CONROY interviewed concerning incident

at Sioux Nation Trading Post and results set forth.

Assistant U.S. Attorney RICHARD D. HURD advised this

case lacked prosecutive merit and requested

no further

investigation be conducted.

_C -

DETAILS:

This document contains neither recommendations nor conclusions of the FBI. It is the property of the FBI and is loaned to your agency; it and its conten!

ise not to be distributed outside your agencs

NW 68262 Docid:32989685 Page 269*

U. S. GOVERNMENT PRINTING OFFICE: 1970 O - 406-840

mate ==

---

## Page 270

PU-JuZ

FEDERAL BUREAU OF INVESTIGATION

• do

1

Date of transcription_

7/26/73

THELMA RIOS, nee Conroy was contacted at her

residence, 313 Adams,

Rapia City, South Dakota.

Before

being asked any questions she nas advised of the officlal

identities of the Intervieuing agents and the nature of

the inqully. RIOs did not wish to ofter a signed statement,

but offered the following free and voluntary intomation:

Late In February, 1973, she and RUSSELE MEANS

spent the night with GARY THOMAS, Legal Aid employee, who.

resides in Rushville, Nebrack The next moring RIOS

and MEANS caught a ride with GARY THOMAS to Pine Ridge,

South Dakota In his automobile. They left Rushville

10 the afternoon and proceeded directly to Pine Ridge.

Upon arriving at line Ridge they stopped at the sioux

Nation Shopping Center and MEANS went inside for a few

minutes and then retured to the car.

An old Indian lady

followed MEANS out of the shopping center and approached

him after be had gotten into the car.

The old lady had some

papers and asked

BEANS to help her straighten out some type

of land problem.

the car hollend "hussaiaone on the driver'es sido a

and all the occupants of the

car tooled that way. RIOS looked back torard the passenger

side or the car and observed three Indian males approach

the care One of these three men Incaled the old lady out

of the way and hit lANS on the back of the head, and whan

HEANS looked around another one hit him in the face hard

enough to cause blood to flow from his mouth.

GARX THOMAS

was also hit by the Indian male on the driver's side of

the can

The incident happened so fast that RIOS was

not able to tell who had hit MEANS or THOMAS. After

MEANS was hit the second time, RIOS stated to THOMAS

"GARY hurry and get out or here."

THOMas then pulled

out of the parking spot and they left town to go to

Calico, South Dakota.

Although Rios did not observe

WhO strucK VIANS DE THOMAS, she did recognize two of the

Individuals who were involved as ELMER WINIERS 2nd. " POKER

JOE "BERRIVAI.

interviewed on.

by-

-2-

7/25/73

'Rapid OLty, South Dalota File #*

44-698

SA HERMAN J. LATTUS and

SA JOHN R. MAXWETTe/JEM/jaI

Dole dictated

7/25/73

This document contains neither recommendations nor conclusions of the FBl. It is the property of the FBi and is looned lo your agency;

it and ils contents are

nor to be distributed oulside your agency.

- NW 68262 Docld:32989685 Page 270 r

---

## Page 271

2

ПР 44-698

The following description was obtained fron

observation and interview:

Mame

Date of Birth

Place of Birth

Height

Weight

Hair

Eyes

Residence

Education

THELMA RIOS, nee

Conroy

May 17, 1945

Rapid, CIty, South Dakota

5'6*

108 pounds

Black

Brown •

313 Adams

Rapid City, South Dakota

Completed 9th grade

,

- 3-

.NW.68262 Docld:32989685- Page 2M1

---

## Page 272

MP 44-698

On July 26, 1973, the facts of this case were

presented to Assistant U.S. Attorney RICHARD D. HURD,

Sioux Falls, South Dakota.

Assistant U.S. Attorney HURI

advised that this case lacked prosecutive merit anc

requested that no further investigation be conducted

on his behalf.

-

4*

i

NW 68262 Docld:32989685 Page 272

---

## Page 273

•Airtel

10:

SAC, Minneapolis (44-698)

From: Director, FBI (44-56075)

RICHARD WILSON; ET AL.

RUSSELL MEANS; ET AL. - VICTIVS

INTIMIDATION; CR

00: MP

ReBuairtel 7/12/73.

Respond to reBuairtel.

TMG/ mkc (4)

Assoc. Dir.

Asst. Dir.:

Admin.

Comp. Syst.

Files & Com.

Gen. Inv..

Ident.

Inspection

Intall. -

Laboratory

Plan. & Eval.

Spec. Inv.

Training.

Legal Cour.

Cong. Sorr.

Corr. & Crm.

Research

Pross Off..

Telephone Rm. -

Diractor Soc'y -

MAIL ROOM

MAILED 21

AUG 11973

FBI

59 AUG 9

1973

clugon

TELETYPE UNIT L

• NW 68262 Docld:32989685 Page 273

8/1/73

1 - Mr. Gardner

7 INF

FX-105

REG-74 1 51095-

9 AUG 2 1973

---

## Page 274

AIRTEL

7/12/73

'?.!..

1 - MI. McDonough

To:

SAC, Minneapolis (44-698)

From.

TDtrector, TBI (41-56075)

RICHARD WILSON; ET AL.

RUSSELL MEANS; ET AL.

• VICTIMS

INTIMIDATION; CR

00: MP

RelPrep of SA Francis M. Henwood, 6/12/73.

Surep.

MAILED 20

JUL 1 2 1973

FBI

E1109

REG-66 L /

1

ENECESTIEs

cicsacinaedn

JUL 16 7973

Jir. Felt.

Mr. Baker

Mr. Callahan

Jir. Cleveland

Mir. Conrad

Kr. Gebhardt .

Mr. Jenkins

Mr. Marshall

Mr. Miller, E.S. -

Mr. Soyars -

Mr. Tlsompson

Mr. Kalters -

Tele. Room

Mr. Baise -

Btr. Bames

Mr. Bowers

Mr. Herirgton

Mr. Conmy -

Atr. Mintz

Wi. Eardley

3irs. Hogan

EJM: bap (4)

890123197 lrg

1-2%

MAIL ROOM

TELETYPE UNHI

NW 68262 Docld:32989685 Pagé 274

---

## Page 275

FD-36 (Rov.5-22-64)

34

Transmit the foliowing in

Via

AIRTEL

FBI

Date: 6/21/73

(Type in pluintert or code)

(Priorisy)

TO:

FROM:

SUBJECT:

ACTING DIRECTOR, FBI (44-56075)

SAC, MINNEAPOLIS (44-698)

RICHARD NILSON, TRIBAL CHAIRMAN;

CHARLES DAVID WINTERS, aKa;

PETER HERMES MERRIVAL;

GLENN HERMIS THREE STARS;

RUSSELL MEANS - VICTIM;

GARY THOMAS - VICTIM

INTIMIDATION; CR

(00: MINNEAPOLIS)

Re report of SA FRANCIS M. HENYOOD dated 6/12/73

•at Minneapolis.

Enclosed for the Bureau are three copies of an

amended FD-302 which is page 15 of referenced report.

One copy is for report which was furnished to Departmental.

Attorney, Sioux Falls, South Dakota. The amended FD-302.

contains

information regarding advice of rights and

descriptive data which itens were inadvertently omitted

from the original FD-302.

44156075

Minneapolis copies and U. S. Attorney, Sioux Falls,

copy have been corrected.

2/ - Bureau (Enc. 3 )ENCLOSURE

- Minneapolis Tyled in

NOT RECORDED

9 JUN 27 1973

RHN: 5a0

(3)

ReF, Report.

7-3-73 mmo.

K3 A 1413.3

Approved:

Sent

Special Agent in Charge

• NW 68262 Docld:32989685 Page 275---=

YUS. GOVEHMENT PUNTING FEE 1971 - 413-136

---

## Page 276

15-263 (Rev. 1-7-72)

FEDERAL DUREAU OF INVEJRIGATION

REPORTING OFFICE

MINNEA POLIS

OFFICE OF ORIGIN

MINNEA POLIS

TITLE OF CASE

RICHARD

WILSON,

TRIBAL CHAIRMAN;

CHARLES DAVID WINTERS, aka

Elmer Fudd Winters;

PETER HERMES MERRIVAL;

GLENN HERMIS THREE STARS;

RUSSELL MEANS - VICTIM;

GARY THOMAS - VICTIM

DATE

6/12/73

INVESTIGATIVE PERIOD

5/3/73-6/1/73

REPORT MADE BY

SA FRANCIS M. HENWOOD

CHARACTER OF CASE

TYPED BY

jar

INTIMIDATION; CR

REFERENCE:

"Minneapolis report of SA JOHN C. KAMMERMON dated

5/1/73.

Minneapolis airtel to San Francisco dated 5/3/73.

Bureau airtel to Minneapolis dated 5/15/73.

-P-

ADMINISTRATIVE

All persons interviewed in this investigation

were

advised it was being conducted at the request of the Assistant

Attorney General, Civil Rights Division, U.S. Department of Justice

CONVIC.

FUG.

ACCOMPLISHMEN-S CLAIMED

FINES

SAVINGS

APPROVE IN

SPECIAL AGENT

IN CHARGE

COPIERE:

Bureau (44-56075)

- USA, Rapid City,

South Dakota

1 - Departmental Attorney, Sioux

Falls, South Dakota

2 - Minneapolis (44-698)

E NONE •

JACQUIT-

RECOVERIES

• TALS

CASE HAS BEEN:

PENDING OVER ONE YEAR EYES INO

PENDING PROSECUTION

OVER SIX MONTHS

DO NOT WRITE IN SPACES BELOW

44-560137

6

16

JUN SS 1973

, REC-12

FX-105

Dissemination Record of Attached Report

Agency

Request Recd.

Date Fwd.

How Fwd.

By

18) 81

55JUL 161973

!

_NW.68262_Docld:32989685 Page 276

Notations

COVER PAGE

---

## Page 277

MP 44-698

LEADS

MINNEA POLIS

AT RAPID CITY, SOUTH DAKOTA: Will locate and

Interview THELMA CONROY as requested in referenced report.

B*-

COVER PAGE

NW 68262 Docld:32989685 Page 277

---

## Page 278

FD-204 (Rev, 3-3-59)

ED STATES DEPARTMENT O

FEDERAL BUREAU OF INVESTIGATION

STICE

Copy to:

1 - USA, Rapid City, South Dakota

1 - Departmental Attorney, Sioux Falls,

South Dakota

Report of:

Date:

FRANCIS M.. HENWOOD

6/12/73

Field Office File #: 44-698

Office: Minneapolis, Minnesota

Bureau File #:

Title:

RICHARD WILSON,

TRIBAL CHAIRMAN;

CHARLES DAVID WINTERS;

PETER HERMES MERRIVAL;

GLENN HERMIS THREE STARS;

RUSSELL MEANS - VICTIM;

GARY THOMAS - VICTIM

character:

INTIMIDATION; CIVIL RIGHTS

Synopsis: Victim, RUSSELL, MEANS, interviewed concerning the

incident at the oglala sioux trading fost, fine

Riage, south Dakota and results set forth.

Results

of interviews with witnesses set out. RICHARD

ALIEN WILSON, subject of this investigation, was

interviewed and stated that any money he paid to

ROSE BULL BEAR had nothing to do with the alleged

attack on RUSSELL MEANS at the Oglala Sioux Shopping

Center 2/27/73.

-P-

DETAILS:

we do be couried outer e our endatos nor conclusions of the FBI

". It is the property of the FBI and is loaned to your agency; it and its content

_ NU 68262 DecId32989685 Page 278-

U.S. GOVERNMENT PRINTING OFFICE: 1970

0 - 406-840

---

## Page 279

MP 44-698

VIERVIEW OF VICTIM

.:a.

NW 68262 Docld:32989685 Page 279

---

## Page 280

FO-J02 TREV: TT ZI-70T

FEDERAL BUREAU OF INVESTIGATION

Date of transcription.

6/4/73

RUSSELT: CHARLES IEANS was located at the Minnebaha

County Ja11 where he is presently incarcerated.

He was made

avare of the official Identity of the interviewing agent and

advised he was being intervieved concerning an alleged violation

of his civit rights at the Sioux Nation Shopping Center, Pine

Ridge, South Dakota.

MEANS advised he sould cooperate in relating the

account and would thereafter provide a signed satement.

The following statement was provided by MEANS:

"I, RUSSELI, CHARLES LEANS, make the fOllowing

free and voluntary statement to Spectal Agent ROGER

T. FISHER, who has identified himself to me as an

agent of the Federal Bureau of Investigation.

the company of GARY THOMAS, attorney of

"on February 27, 1973, after 2 P.D Legal Aid

•I was in

Services, Pine Ridge, and THELMA CONROY, Rapid City.

We were in THOMAS ear and stopped at the sioux

Nation Shopping Center, Pine Ridge.

Both THOMAS

and I went into the store_

but I returned ilist.

As I was sitting In the car and an elderly woman,

whose name I don't recall, came up to the car and

advised she was having trouble with the BIA over

her land or something similar to that. She asked

1f I could help her straighten out the problen.

She showed me sone documents which I turned over to

THOMAS when he got into the car,

"About that time a lat guy,

who had been drink-

ing apparently, whose name i don't know

knocked

the

lady to the ground.

He has

wearing a dirty "y'

shirt. He said

"What, are you here to raise hell

at our store?" He then slugged me over the right

ear. About that time WINIERS-alled up and hit me

squarely in the mouth. Both of them challenged me

- - 3 -

interviewed on_

61/73

_'Souz Falls, South DakotaFile # MP 44-698

by-

SA ROCER I. EISHER/alb/Jar

_Date dictaled.

6/1/73

This document contains

neither recommendations nor conclusions. of the F81. ll is the properly of the FBI and is looned to your agency.

il and its contents are not to

be distribuled ouiside your agency.

NW 68262 Docid:32889685 Page 280

---

## Page 281

HP 44-698

to get out of the car. THREE STARS walked up with

I jacket, he never hit me or sald anything but it

was very-apparent he vas directing the assault.

MERRIVAL alsO walked up with an unidentified person

and beaded toward the care

"About that time GARY THOHAS backed out and

drove away.

He took THILMA CONROY and me to Calico.

We were going to report the incident to the police

but THOMAS suggested te get someone to accompany

me to avoid any mistreatment by the BIA.

"I KNOW RICHARD WILSON bad a "goon squad."

He hired approximately 50 people, through funds

received from the area office of Aberdeed, for

security of BIA and Tribal buildings. Approxi-

nately $60, 000 was secured for this purpose.

These

people were issued "Billy" clubs, guns, mace, given

18 hours of riot training and turned loose on the

people of Pine Ridge. I am positive that the "goon

squad" members vere seen drinking on the job in

BIA and Tribal offices. After the FELLOW THUNDER

atriouty people came to me as a "social worker" with

For awhile I set up an ex offius office

at the Legal Aid Services office. i not only re-

colved complaints in Pine Lidge

but also from area

of Scente, Manderson, Founded knee, and Porcupine.

The complaints dealt with terrorism, harassment,

particularly from the young and even some old

people were treated disrespectfully. The complaints

Fere numerous and I tired all avenues even to talk

ing to WILSON and the Ass't. U. B. Attorney in Rapid

City to resolve them but all doors were closed.

"I also received threats personally against

my life and my braids.

The unidentified fat guy

once stated if I was going to stay at Pine Ridge

"No will kill y".

He are not going to allow you

to saise heLl.

This statenent was made the day

of the assault one ne. I also received telephone

- 4--

NW 68262 Docld:32989685 Page 281

---

## Page 282

MP 44-698

threats on my life while at Pine Ridge.

DICK HILSON

once threatened me with police action just after I

received a restraining order forbidding me to at-

tempt any neetings.

He said he would lock me up

and make sure I stayed locked up. He said he was

not going to tolerate disobedience of his or tribal

laws and tould stop any trouble before it started.

"I have read this statement consisting of this

and three other pages. I have made and initialed

(2) two additions to this statement..

This state-

ment as it is now constituted is true.

*/S/ RUSSELL C. MEANS

"Witnessed: SA ROGURT T. FISHER, FBI, Minneapolis,

6/1/73, at Sioux Talls, S.D."

During the reading of the statement when MEANS

reached the part concerning threats against himself on page

three, he laughed out loud and stated, "I regret I have only

ono set of braids to give to my country."

It is noted that only one witness was present due

to the unavailability of other Special Agent personnel.

- 5-

L NW 68262 Docld:32989685 Pagé 282_

---

## Page 283

MP 44-698

INTERVIEW OF WITNESSES

- 6 -

. NW 68262 Docld:32989685 Page 283.

---

## Page 284

FEDERAL BUREAU OF INVESTIGATI

Doto.

5/11/73

JOSEPH FRANCIS MERRIVAL was contacted at his residence;

993 Douglas Drive, and advised of the identity of the inter-

viewing agents and that investigation was being conducted

regarding an attack on RUSSELL MEANS and GARY THOMAS in the

Sioux Nation Shopping Center on February 27, 1973.

He was

advised of his rights by Special Agent CARPER as set forth on

a form captioned "Interrogation; Advice of Rights", which ha

underero, and ei evade

read, stated he understood, and signed.

He advised that on the day in question, he and his wife,

GERTRUDE, were visiting at EARL DEON's house, and also present

were GLEN THREE STARS, ELMER WINTERS, PETE MERRIVAL, and DEON.

He and his wife advised they were leaving the residence to go

to'the Sioux Nation Shopping Center, at which. time the other

received word that some "outsiders" were at the Center.

MERRIVAL stated "outsiders" is the term used by Indians

residing in the Pine Ridge, South Dakota,

area for other

Indians and non-Indians who have been coming into the area of

the reservation and causing problems such as occurred at Custer

the first of the year.

He and his wife drove in their automobile to the Sioux

Nation store and went inside for approximately five to ten

minutes, and when they came out they observed DEON, WINTERS,

THREE STARS, and PETE MERRIVAL talking to two individuals in

a

car in the shopping center.

The car backed up from the parking

place, at which time DEON was yelling something to the occupants

of the car to the effect that "If you want to start trouble,

why don't you start with me." The dar then drove from the

shopping center,

and he and his wife left, and he believed the

other four individuals got. into a car and also left.

He was later charged with assaulting MEANS, as was THREE

STARS,

and they appeared in court where the charges were dis-

missed due to lack of evidence.

-

On_

MP 44-698

5/11/73

_a San Leandro, California

_FIlo SF 44-1335

by

JOSEPH T. FOX, JR. & PAUL M. CARPER, JR. / ER

5/11/73

This document contoins neilhor recommendations nor conclusions of the FBI. It is the proporty of the FBl and is looned lo your agancy;

I1 and its contants aro not lo bo distributed oulsido your agency.

NW.68262_Mocld:32989685 Page 284:

---

## Page 285

SF 44-1335

PMC: ER

2

After their court appearance, he heard WINTERS and DEON

laughing about the fact he and THREE STARS had been charged

with hitting MEANS when they had nothing to do with the fact

MEANS was apparently hit once or twice.

He has talked to

WINTERS and WINTERS has in a bragging way informed him that

was the one who hit MEANS.

their area and causing trouble..

STARS, WINTERS, DEON, and PETE MERRIVAL had approached these

two individuals, and he feels the whole nature of their contact

was strictly to tell the outsiders to. leave town.

MERRIVAL stated he did not desire to furnish a signed

statement regarding the above as he is presently free on bail

in connection with an assault on a police officer in Pine Ridge.

He stated the reason he. left Pine Ridge was because he felt if

he remained he would have to

take sides either with the out-

siders or with the local Indians, and he simply did not want

to make this decision.

He stated if necessary he would testify

to the above information in Federal court..

The following descriptive data was obtained from observa-

tion and interview:

Name

Sex

Nationality

DOB

Height

Weight

Hair

Eyes

Social Security number

Home address

JOSEPH FRANCIS MERRIVAL

Home phone

Former address

Employment

-Male

7/16ths Sioux Indian

2/2/39, Pine Ridge, South Dakota

-5'8"

180 pounds

Brown

"Brown

JFK Act 5 (g) (2) (D)

993 Douglas Drive, San Leandro,

California (since March, 1973)

None

Box 353, Pine Ridge, South Dakota

Capproximately two miles south

of town)

General Griding, 801 - 51st Avenue,

Oakland, California (4-12:30 shift),

telephone 261-5557.

• 8 -

- NW 68262 docd:32989685 Page 285

---

## Page 286

EDERAL BUREAU OF INVESTIGATIC

Dole of transcription

_5/6/73

FRANKLIN FORWARD BRAVE EAGLE waS interviewed at his

residence

at which time he furnished the following signed

statement:

"Kyle, South Dakota

"May 5, 1973

"I, Franklin Forward Brave Eagle, age 21,

have been interviewed by FBI Special

Agents

John C. Kammerman and Melvin L. Fleming

regarding my knowledge of the circunstances

occurring in the Sioux Nation shopping center

it the

in Pine Ridge, South Dakota, on February 27,

1973. I was

sitting in my car near to a car

in

which Russell Means was sitting as a passenger.

Il observed a heavyset man driving a light blue

Ford Torino, approximately a 1972 model,

telling six

other men "There's Russell Means,

go hit him," or "Go beat him up."

These six

men rushed up to the car in which Russell

Means was sitting and one of these men pushed

my grandmother aside who was standing at the

car window talking to Means.

One of these men

then hit Russell Means in the face.

Means

then leaned toward the driver and the car backed.

out and crove away.

These six men then

got in

a 1963 dark brown Ford and left the area.

The

man who hit Means is described as part Indian,

five feet eleven inches tall, wearing western

clothes, a black straw hat, and light. brown

shirt.

"I have read above true statement.

"FRANKLIN FORWARD BRAVE EAGLE

"SA JOHN C. BANNERMAN, FBI, 5/5/73

"SA MELVIN L. FLEMING, FBI, 5/5/73"

-.-—

Interviewed on.

5/5/73

South Dakota

by.

SA MELVIN L. FLEMING aRO

SA JOHN Ce KANMERMAN SKS

- 9 -

_File # MP 44-698

led

5/6/73

This document conloins neither recommendalions nor 'conclusions of the FBI. Il is the property of the FBI ond is loaned lo your ogency;

• 'it ond its conlenis ore nol lo be distribuled gulside your agency.

-N 68262-Docld:32989685 Page 286.

---

## Page 287

DERAL BUREAU OF INVESTIGATIO.

Date of transcriplion_

5/6/73

ISAAC FORWARD BRAVE EAGLE, age 19, was interviewed

by FBI: Special Agents JOHN C. KAMMERMAN and

MELVIN L. FLEMING

regarding his knowledge of the circumstances occurring in

the Sioux Nation shopping center at Pine Ridge, South Dakota,

on February 27, 1973.

advised as follows:

He was seated in a car next to another vehicle

in which RUSSELL MEANS was sitting.

There were two other

individuals in MEANS' car whom he did not recognize.

Three part Indian males came out of the Sioux Nation

shopping center and walked to the car in which MEAns was

sitting and one of these individuals hit HANS in the face.

BRAVE EAGLE stated he did not recognize any of these three

individuals, however,

the man who hit RUSSELL MEANS iS

described as about 20 years or age, rather heavy and

wearing a black hat. Just prior to these three men walking

to the car in which MEANS was sitting, another white man

sitting in an automobile, blue with a white top, pointed to

RUSSELL MEANS and said something to the men.

Just after the individual hit RUSSELL NEANS, the

driver of MEANS' car backed up and drove out of the parking

lot. The other men got in a 1957 Chevrolet vehicle along

with about three other men and also left the parking lot.

Interviewed on

5/5/73

at

Kyle, South Dakota

File #

MP 44-698

by

SA JOHN C. KAMMERMAN

SA SELVIN I. FLEMING: SKS

- 10 -

Jale dictaled.

5/6/73

This document contoins

neither recommendolions nor conclusions of the F8I, ll is the property of the FBl and is looned lo your ogency:

•it ond its contenis ora

nol to

be

distribuled oulside your agency..

• NIW. 68262 Docld:32989685~Page 207n

---

## Page 288

FEDERAL BUREAU OF INVESTIGATIC

Dale of transcriplion_

5/4/73

ROSE BULL, BEAR, Age 71, was interviewed by FBI

Special Agents JOHN C. KANMERMAN

and HELVIN L. FLEMING,

who advised BULL BEAR that they wished to interview her

regarding her knowledge of an alleged attack' upon RUSSELL

MEANS and GARY THONAS in the Sioux Nation Parking Lot at

Pine Ridge, South Dakota, on February 27, 1973. .

hirs. BUlL

BEAR advised as follows:

She was in the above mentioned parking lot talking

with RUsSeLL HEANS, who was sitting on the passenger side

in a vehicle with his window down.

Two young men, who

appeared to be part Indian, came rushing up to the car

and pushed BULL BEAR out of the way. One of these men

_then swung two times at NEANS, hitting him once in the

face. She is unable to identify these two men in this

but the situation was observed by her grandnephews,

ISAAC FORMARD BRAVE EAGLE and FRANKLIN FORVARD BRAVE ENGLE

who were sitting in a nearby vehicle.

After this incident, BULL, BEAR went to the Tribal

Office and talked to RICHARD WILSON and complained about

being pushed. WILSON adwised her that these men had given

him a note saying what they had done and stating that they

wele sorry.

WILSON gave BULL BEAR 95.00 which he said

was from these men.

BULL BEAl had nothing further to

comment on regarding this matter.

interviewed on

by.

5/3/73

• Kyle, South Dakota

SA JOHN C. IA MERMAN land

- 11 -

SA MELVIN L. ELIMING/ICK/IC

File #

44-698

oted _

5/3/73

This document contains neither recommendations nor conclusions of the FBl. Il is the property of the FBI and is looned lo your agency:

11 and ils contents are not lo

be distributed outside your agency.

- NW 68262- Docld: 32989685_Page 288-

---

## Page 289

'EDERAL BUREAU OF INVESTIGATIO

Dale of Iranscriptión_

5/4/73

BARBARA BULL BEAR, age TL, adVised that she resides

in Kyle, South Dakota,

and is the daughter of ROSE BULL BEAR.

She went to the Sioux Nation shopping center on February 27,

1973, and was coming out of the store when she observed her

mother talking to RUSSELL MEANS who was seated in a car in the

parking lot.

She then observed a group of men rush up to the

car, push her mother out of the way, and one of them hit

RUSSELL MEANS in the face.

she did not recognize any of these

men and did not observe what happened after this.

• - 12 -

Interviewed on.

by-

5/4/73

SA MELVIN L. FLENING

SA JOIN C. KAMMERMAN: saO

a Pine Ridge, South Dakota

_File #

MP 44-698

_Dole diclaled

5/4/73

this document conlains neilher recommendalions nor conclusions of the FBI. Il is the properly of the FBl and is loaned do your ogency;

il and ils contents

are

no lo be distributed oulside your agency,

NW 68262* Dodd:32989685 Page 2890

---

## Page 290

FEDERAL BUREAU OF INVESTIGATIO.

Date of transcription _

5/3/73

EARL LOUIS DEON, JR., also known as 'SONNY DEON,

was interviewed by FBI Special Agents JOHN C. KAMMERMAN

and

MELVIN I. FLEMING at the home of GLENN THREE SIARS and was

advised by KAMMERMAN that they wished to interview him re-

garding his possible involvement in or knowledge of the

alleged attack by a group of Indians,

including himself,

against RUSSELL MEANS on March 27, 1973, in the Sioux Nation

Shopping Center parking lot. SA KAMMERMAN then began to

advise DEON of his rights at which time DEON said

"As far

as RUSSELL MEANS is concerned, I don't have anything to say.

anything. „is all over I will be slad to talk to you about.

DEON advised that he is a brick mason and had

approximately 1,000 cement blocks stored in wounded Knee

and believes that these blocks have all been used by the

- 13 -

Interviewed on.

5/2/73

a Pine Ridge, South Dakota File#.

MP 44-698

by.

SA MELVIN L. FLEMING and

SA JOHN Ce KAMMERMAN (-

JCK: skw

5/2/73

This document contoins neither recommendations nor conclusions of the FBl.

It is the property of the FBI and is loaned to your agency;

Il and its contents

are

not la be distribuled oulside your ugencyr

NW 68262 Docld:32989685. Page 290

---

## Page 291

MP 44-698

INTERVIEW OF SUBJECT

- 14 -

NW 68262 Docld:32989685 Page 291. -

---

## Page 292

EDERAL BUREAU OF INVESTIGATION

Date of tronscription,

5/4/73

RICHARD ALLEN WILSON, President of the Oglala Sioux

Iribe, was interviewed at his residence by FBI Special Agents

JOHN C. KAMIRAN and MELVIN L. FLEMING. SA RAMMERMAN advised

WILSON of his identity and that he wished to interview him

regarding a visit of ROSE BULL BEAR to his office during the

latter part of rebruary, 1973. SA KAMMERMAN then advised

WILSON of his rights.

WILSON stated he understood his rights

but that he would not sign a wiver of rights orm.

wILSoN stated that ROSE BUL BEAR did come to his

office on or about the 27th of February, 1973, and this visit

had to do with a request for a loan from the Oglala Sioux

Tribe.

WILSON stated he was not able to grant the loan;

however, he did give BULL BEAR $5 which came in an anonymous

letter to his office.

WILSON stated he gave this money to BULL BEAR

since he was not able to help her with the loan she requested.

WILSON stated this money had nothing to do with the alleged

assault of RUSSELI, LEANS in the parking lot of the sioux

Nation shopping center in Pine Ridge, South Dakota.

The following descriptive data regarding WILSON

was obtained at the time of the interview:

Name

RICHARD ALLEN WILSON

Race

Indian

Sex

Male

Age

Approximately 50

Height

' 10%

Weight

185 Ibs.

Hair

Black

Eyes

BrOWn

Interviewed on

5/4/73

_Pine Ridge, South Dakota File #-up 44-598

by

SA JOHN C. KAMMERMAN

BA MELVIN I. ILEMING:SAO

_Date dictated_

5/4/73

- 25%

This document contains neither recommendations nor conclusions of the FBI. Il is the property of the FBI and is loaned to your agency:

it and ils contents are not to be distribuled ouiside your agency.

NW 68262 Docld:32989685 Page 292

---

## Page 293

FEDERAL BUREAU OF INVESTIGATIO'

. Dote of transcription 5/4/73.

RICHARD ALLEN WILSON, President of the Oglala Sioux

tribe, was questioned regarding the visit of ROSE BULL BEAR

to his office in the latter part of february, 1973.

WILSON stated that ROSE BULL BEAR did come to his

office onor about the cith or february, 1973, and this visit

nad to do witha request for a loan from the Oglala. Sioux

Tribe. WILSON stated he was not able to grant the loan;

however, he did give BULL BEAR $5 which came in an anonymous

letter to his affice.

WILSON stated he gave this money

to BULL BEAR

since he was not able to help her with the loan she requested.

WILSON stated this money had nothing to do with the alleged

assault of RUSSELL INANS in the parking/lot of the Sioux

Nation shopping center in Pine Ridge,

-15%-

Interviewed on 5/4/73

SA JOHN C. KAMMERMAN

by.

SA HELVIN LL

FLENIN

_ot Pine

Ridge, South Dakota File #_MP 41-698

$a0

_Date dictaled.

5/4/73

This document contains neither recommendalions nor conclusions of the FBl. Il is the properly of the FBl and is loaned to your agancy;

I and is contents are not lo be distribuled oulside your agancy.

NW 68262 Docld:32989685 Page 293

---

## Page 294

2

• др

0-70 (Rev. 3-28-72)

OPTIONAL FORM NO, 10

MAY 1962 EDITION

3030-106

GSA GEN. REG. NO. 27

UNITED STATES GOVERNMENT

Memorandum

36

TO

: Assistant Attorney General

• DATE:

7/6/73

CIVIL BIGHTS DIVISION

FROM

: Director, FBI,-

AGNING

SUBJECT:

BICHARD FILSON, TRIBAL CHAIRLAN

MUSSEL JEANS • VICTIN

GARY TROMAS • VICTIM

INTIMIDATION; CIVIL RIGHTS

Reference is made to

File Cof

(your file _

).

There is enclosed one copy of the report of Special Agent SA FRANGIS I. HENWOOD

dated

6/12/75

HINITEAPOLIS

A. [] This covers the preliminary investigation and no further action concerning

a full investigation will be taken by this Bureau unless the Department so directs.

B.

* Thepingestigation is continuing and you will be furnished copies of

reports as they are received.

C. [ The investigation requested by you has now been completed. Unless

advised to the contrary no further inquiries will be made by this Bureau.

D. [ Pursuant to instructions issued by the Department, no investigation will

be conducted in this matter unless specifically directed by the Department.

E. [ Please advise whether you desire any further investigation.

F. This is submitted for your information and you will be advised of further

developments.

• G. [ This is submitted for your information and no further investigation will

be conducted unless specifically requested by the Department.

H. • This covers the receipt of a complaint and no further action will be

taken by this Bureau unless the Department so directs.

Enc.

(2) NOTE: Also enclosed is one copy of an amended page 15 to she

attached report which should be uillized to correct the copy of the

report furnised to the Departental Attorney at Siow: Falls, South

Dañota.

"NW 68262 Dold 32989685-Page 29

---

## Page 295

FD- 365 (Rev, 8-9-71)

i.

*.

FBI

31

Date: 6/5/73

Transmit the following in

Via

CRU

1/12/7.33

(Type in plaintext or code)

AIRTEL

(Priority)

To:.

Director, FBI

ATTENTION:

rom::: SAC, Mimeapold g 44-736)(0) CINBRAL INVEST.

LX CIVIL RIGHTS SECTION

(44-736)(C) GENERAL INVEST. DIV.

Subject: RICHARD

DOMESTIC INTELLIGENCE DIV

Whe

XCR DEL

O CRA-64

I PA

OPE

C] EID _ Bomb Threats

OPF

Extremist Matters

Re MP airtel to Bureau 573/73.

White Hate O Black

Summary of Complaint: Inasmuch as this investigation was

opened pursuant to a request of R. DENNIS ICKES, Departmental

Attorney,

merely to determine the veracity of THOMAS' allega-

tion that RICHARD WILSON had threatened to kill him and bott

witnesses have been interviewed, no, further investigation is

being

; conducted at this time.

44-56114: 5

REC-34

RO JUN 9 1973

ST-102

19

ACTION: UACE?

()

Nalurther action being taken andy.

C

* LHM enclosed & Copy furnished to USA, Sioux Falls, SD

Bureau

" Minneapolis

6)

- FD-376 (enclosure to LHM and Departmental Attorney

I LHM being submitted

Ro Dennis Ickes, Pine Ridge,

Report being submitted

SD

(3)

Preliminary investigation instituted

Limited investigation instituted

SJUN1 91973

Approved:

Sent

M

Per

Special Agent in Charge

• NW 68262 Docld:32989685 Page 295

---

## Page 296

In Reply, Please Refer to

File No.

UNI

«D STATES DEPARTMENT OF J

STICE

FEDERAL BUREAU OF INVESTIGATION:

Minneapolis, Minnesota

June 5, 1973

RICHARD WILSON;

GARY R. THOMAS - VICTIM

Copies of this communication are being furnished

to Departmental Attorney, Civil Rights Division, United

States Department of Justice at Pine Ridge, South Dakota,

and to the United States Attorney, District of South Dakota,

Sioux Falls, South Dakota.

WiLLiam Janklow

Attorney, Pierre, South Dakota,

was interviewed May 23, 1973, pursuant to c

request of

Departmental Attorney,

R. Dennis_Ickes, to determine the

veracity of a statement by Gary R. Thomas that Richard

Wilson had threatened to kill him if he was not off the Pine

RIdge Reservation by 8:30 a.n., February 29, 19/3. The

following is a signed

statement of William Janklow concerning

this matter:

ENGLUSUNE)

44-567175-5

NW 68262 •Docld:32989685 Page 296

---

## Page 297

FD-302 (REV. 11-27-70)

FEDERAL BUREAU OF INVESTIGATION

(1)

Date of transcription.

May 23, 1973

WILLIAM JANKLOW, Attorney, Pierre, South Dakota,

furnished the following information:

He was an attorney for the Office of Economic

Opportunity (OEO) and lived at Rosebud, South Dakota, from

the spring of 1966 to the fall of 1972. In the fall of 1972,

he moved to Pierre,. South Dakota, and entered private practice.

He is currently employed as a special prosecutor for the

Attorney General's Office at Pierre, South Dakota.

MI. JANKLOW

has KnOWn GARY THOMAS for some time. THOMAS was employea by

him as an intern during the summer of 1971 and is currently

a staff OEO attorney at Ft. Thompson, South Dakota.

On February 28, 1973, Mr. JANKLOW was with GARY THOMAS

and MICK GROSSENBURG. GROSSENBURG is currently State's Attorney

at Winner, South Dakota. He furnished the following signed

statement concerning his activities on February 28, 1973,

as it relates to the verbal altercation between HOMAS and

RICHARD WILSON:

"I, WILIIAM JANKLOW, BOX 1176, Pierce, South

Dakota, hereby make the following statement to BRYAN J.

MOGEN of the FBI.

"On or about 28 February, 1973, I was in Pine

Ridge, South Dakota, with GARY THOMAS and MICK GROSSENBURG.

We had visited various places involved in the incident

at Wounded Knee, South Dakota, and we had then gone

over to the Pine Ridge Police Station to visit with

the Police Officers who were there on special assignment

from Rosebud. GARY, MICK and I were standing by the

telephone booth across the street South Erom the Police

,Station when a station wagon, I believe, drove up. In

the Station Wagon

waS RICHARD WILSON, MrS. WILSON and a

girlfriend of Mrs. WINSON. WILSON proceeded to get out

Inierviewed on 5/23/73

at.

Plerte, South Dakota

_File # _

MP 44-736

SA BRYAN J. MOGEN :kao

5/23/73

by.

_Date dictated_

2

This document contains

neither recommendations nor conclusions of the FBl. it is the property of the FBI and is loaned to your agency;

il and ils contents are not to be distribuled oulside your agency.

NW 68262 Docld:32989685 Page 297.

---

## Page 298

MP 44-736

(2)

of the car and slowly walk over to our place where we were

standing. I greeted WILSON and so dia GARY THOMAS.

As WILSON approached us, he slowly took off his

sunglasses and said to THOMAS, 'Do you want a piece of

me, you son-of-a-bitch.' THOMAS said that he did not

want any trouble with WILSON. WILSON then came forward,

again repeated his phrase and started raising his voice.

There were several newspaper and media people in the

vicinity and they gathered around. RICHARD MULLER Of

KELO TV, Sioux Falls was there as was some man from

the Associated Press outside South Dakota_ as well as one

of the Denver, COlorado television station news bureaus.

WILSON told THOMAS that he, THOMAS, had until 8:30 A.M.

the following morning to get off the Pine Ridge

Reservation or he would turn his goons loose on THOMAS.

I interrupted WILSON and tried to make small talk,

because all of the media people were starting to let

the cameras roll, etc.

WILSON said to THOMAS, 'You

son-of-a-bitch, you swore at me yesterday, and now

I am promising

you that if you are not off of this

reservation by 8:00 A.M. tomorrow my goons will

kill you. This is not a threat, it is a promise.'

"WII.SON further remarked that THOMAS and the

other attorney, the 'Mexican, chile bean bastara,

Mario Gonzelas - had caused enough trouble on the

Pine Ridge.

"About this point in time, Mrs. WILSON came forward

and started to push THOMAS around telling him that he

had threatened her husband, and that she would take care

. of THOMAS if her husband didn't. By this time a large

crowd had gathered and was watching the incident.

couple of cars stopped, and WILSON said that these were

a couple of his

"boys'. One of them came forward and

started to push THOMAS around. I interceded and told

him to get back and stay out of it. I then grabbed

3

NW 68262 Docld:32989685 Page 298

---

## Page 299

H1P 44-736

(2).

WILSON by the arm and pulled him to the back of the

car to talk to him, and I send THOMAS back across the street

to THOMAS's car.

THOMAS went across the street and got

into his car, and I proceeded to stand with WILSON for

approximately 15 minutes and visit with him.

"The above statement is true and correct to the best

of my knowledge, and it is given to Mr. MOGEN of theFBI

this 22nd day of May, 1973.

*// BILL JANKLOW

"Witness:

SA BRYAN J. MOGEN

FBI Aberdeen,

S. Dak."

-NW 88262-Docid:32989685-Page 299: -

---

## Page 300

RICHARD WILSON;

GARY R. THOMAS • VICTIM

MiCK Grossenburg.

Tripp County States Attorney,

was interviewed May 21, 1973, concerning the allegation

that Richard Wilson had threatened to kill Gary Thomas

if Thomas was not off the Pine Ridge Reservation by

8:30 a.m., February 29, 1973, and furnished the following

information:

5

NW 68262 Docld:32989685 Page 300-

---

## Page 301

+D-30ZIREN. 11-21-101

FEDERAL BUREAU OF INVESTIGATION

(1)

Date of transcription

May 29, 1973

Winner,

MICK GReSSENBURG, Ixipp County States Actorney,

South Dakota, (Office phone 842-16/6 - Home phone

calling from his home and indicated that he was familiar

with the altercation that took place between GARY THOMAS,

a former Office of Economic Opportunity (OEO) Legal Officer

on the Line Ridge. ResErvatIon, and RICHARD wiLsONg

President

of the Oglala Sioux Iribal Council, on February 28, 1973.

GROSSENBURG furnished the following information:

He stated that he understood that CARY THOMAS

when THOMAS and MEANS

SIoux Nation Trading Post parking lot. GROSSENBURG said

that THOMAs told him that MEANS had been hit and that he,

THOMAS, Lelt that he had been assaulted and had to drive

•away to avoid a tighi.

Sometime that day THOMAS then went

to the tIlbal Ortice and Illed a complaint against WILSON

for assault.

GRUSSENBURG Said that THONAS filed the assault

complaint for the purpose of further angering WILSON, rather

than because he actually felt he had been assaulted.

1973, he

and BIlL JANKLOW,

-to Pine Riage in JANKLOW's plane.

they accepced a ride

GARY THOMAS at the fine Ridge Airport and were merely

axiving around the Reservation to see what was going on after

the AIM militants had taken over the Church at Wounded Knee.

They drove over near the Bureau of Indian Affairs

(BIA) Police Headquarters to use a telephone at the BIA

Building parking lot. DICK WILSON and his wife drove up

car and WILSON jumped out, came over to GARY

THOMAS, and was berating him in abusive language, concerning

the filing or the assault complaint the day belore.

GROSSENBURG

stated that WILSON was using abusive and profane language;

however, he at no time threatened to kill GARY THOMAS.

Interviewed on.

5/21/73

- Pine Riage, South Dakota

_File #

MP 444-736

by.

SA FRANCIS M. HENWOOD: Wkb

_Date dictated

5/25/73

This document contoins neither recommendations nor conclusions of the Fal. Il is the property of the FBl and is looned lo your agency;

il and its

contents are

not lo be distribuled outside your ogency.

_ NW 68262 Docld:32989685 Page 301

---

## Page 302

MP

44-736

WILSON did tell GARY THOMAS that if THOMAS

continued to hang around with AlM militants like MeANs

he wanted him off the Reservation and wanted him off

the Reservation now.

GROSSENBURG said the term "

was mentioned several times but he does not recall, the

context and does not recall that WIISON said that his

goons"

would kill anyone.

GROSSENBURG believes that

the subject of goons was brought up either by JANKLOW or

or possibly by himself,

Inasmuch as all were

engaged In a heated argument and that Mes. WILSON also

Joined in the discussion, using profanity and making

wild statements, the exact nature of which GROSSENBURG

cannot recall.

GROSSENBURG further stated that he did not

feel any danger himself from WILSON or feel that THOMAS

seriously considered himself in any danger, but it was

a heated argumeni and yelling contest with high tempers

on both sides, and as a result, he does not remember any

exact statements made by anyone in the argument.

He recalled that JANKLOW quieted WILSON down

and eventually he, THOMAS, and JANKLOW drove away, without

any further altercation with the WILSONs.

7:

NW 68262 Docld:32089685 Page 302

---

## Page 303

-.-

RICHARD WILSON;

GARY R. THOMAS - VICTIM

ansi

This document contains neither recommendations

nor conclusions of the FBI.

It is the property of the FBI

and is loaned to your agency; it and its contents are not

to be distributed outside your agency.

8%

NW 68262 Dold: 32989685 Page 303 --

7779=-

---

## Page 304

FD-38 (Rav. 5-22-65)

Transmit the following in

Via

AIRTEL

FBI

• Date:

5/15/73

(Type in plaintest or code)

AIRNA IL

(Priorisy)

TO:

FROM

SUBJECT:

ACTING DIRECTOR, FBI (44-56075)

SAC, MINNEAPOLIS (44-698)

RICHARD

WILSON, ET AL

RUSSELL MEANS, ET AL

VICTIMS;

INTIMIDATION

CIVIL RIGHTS

Re Bureau airtel dated 5/8/73 and Minneapolis report

Of SA JOHN C. KAMMERMAN dated 5/1/73.

R. DENNIS ICKES, Departmental Attorney, Pine Ridge,

South Dakota,

on 5/15/73 advised he now desired interviews with

JOSEPH MERRIVAL, San Leandro, California, and leads set fortr

in re report. Leads have been set out.

2- Binau

- Minneapolis

MEN: sks

(4)

REG- 106

44-560655

мааст.

6-

80 MAX 21-1973

Approve?!

67 JUN6

Sg79! Agent in Charge

NW 68262 Docld:32989685 Page 304

Sent

_M

Per -

U.S.Government Government Printing Office: 1972-455-574

---

## Page 305

AIRTEL

E4-103

.5/8/73

REC-10

To:

SAC, Minneapolis

-Ácting Director, FBI (44-56075)

RICHARD WILSON, ET AL.

RUSSELL MEANS; ET AL.

- VICTIMS

INTIMIDATION;

CIVIL RIGHTS

3

- Mx. Gardner

ReMPrep of SA John C. Kammerman, dated 5/1/73.

Inasmuch as rerep indicates that Departmental Attorney

R. Dennis Ickes advised this case does not warrant any further

investigation, close your case administratively.

MAILED 7.

MAY 0 3 1373

FBI

SIr. Felt

Mr. Baker

Mr. Callahan

Mr. Cleveland

Mr. Conrad

Mr. Gebhardt

Mr. Jenkins

Mr. Marshall

Mr. Miller, E.S.

Mr. Soyars .

Nir. Thompson .

Sir. Waiters .

Tele. Room

Mr. Baise

Mr. Bames

Mir. Bowers

Mr. Herington.

Mr. Conmy -

Mr. Mintz

3r. Eardley

3rs. Hogun

TMG: bap (4) .

D.3 MAY 3Q

10

5 MAY

MAIL ROOM LY

NW 68262 Docld:32989685 Page 305

TELETYPE UNIT I

---

## Page 306

FD-2E8 (Rev. 1-7-72)

•FEDERAL

BUREAU OF INVESTIGATION

REPORTING OFFICE

OFFICE OF ORIGIN

DATE

5/1/73

REPORT MADE BY

INVESTIGATIVE PERIOD

3/29/73 - 4/30/73

MINNEAPOLIS

MINNEAPOLIS

TITLE OF CASE

CHANGED. *

RICHARD WILSON,

TRIBAL. CHAIRMAN;

CHARLES DAVID WINTERS, aKa

Elmer Fudd Winters;

PETER HERMES, MERRIVAL;

GLENN HERMIS-THREE STARS;

RUSSELL MEANS - VICTIM;

GARY." THOMAS - VICTIM

TYPED BY

SA JOHN Ca

KAMMERMAN

CHARACTER OF CASE

skw.

INTIMIDATION; CR

subjects.

Title marked changed to add names of other unknown

1:.

REFERENCE: Minneapolis airtel to the Bureau dated 4/8/73.

-p-

• 3

ADMINISTRATIVE:

All persons interviewed in this case were advised

that this investigation was being conducted at the request

of the Assistant Attorney General, Civil Rights Division,

U.S. Department of Justice.

CONVIC.

FUG.

ACCOMPLISIMENTS CLAIMED

FINES

SAVINGS

SI NONE

RECOVERIES

ACQUIT?

TALS!

CASE HAS BEEN:

PENDING OVER ONE YEAR EYES GENO

PENDING PROSECUTION

OVER SIX MONTHS

[YES IXINO

APPROVEDDE

COPIES MAD

SPECIAL AGENT

IN CHARGE

DO NOT WRITE IN SPACES BELOW,

56:1

Bureau (44-56075)

USA, Sioux Falls,

South Dakota

1

- Deputy Attorney General,

Pine Ridge, South Dakota

4. =

Minneapolis

(2- 44-698)

(2-44-696)

MH-2

SA MAY Y

> 1973

ac70

TYRANZIT!

Dissemination Re

Attached Report

Notations

Agency

Request Recd.

Date Fwd.

"* Fwd.

NW 68262 Docld:32989685 Page 306

GH

COVER PAGE

---

## Page 307

MP 44-698

LEADS

MINNEAPOLIS

AT KYLE; SOUTH DAKOTA

Locate and interview ROSE BULL BEAR regarding the

alleged attack on MEANS and THOMAS on 3/27/73.

AT SIOUX FALLS, SOUTH DAKOTA

Will interview RUSSELL MEANS and obtain a signed

statement regarding captioned matter.

Determine from MEANS the identity of the girl who

was with him having the last name of CONROY and set out lead

to have her interviewed re this matter.

AT PINE RIDGE, SOUTH DAKOTA

Locate and interview JOE MERRIVAL re captioned

matter.

.it

Bx

COVER PAGE

NW-68262-Docld:32989685 Page 307.

- 755a.

---

## Page 308

PD-104 (Rev. 3-3-59) •

UN

ED STATES DEPARTMENT OF J0

STICE

•FEDERAL BUREAU OF INVESTIGATION

Copy to:

Report of:

Date:

Field Office File #:

Title:

Character:

1 - United States Attorney,

Sioux Falls, South Dakota

1 - Deputy Attorney General, Pine Ridge, South Dakota

SA JOHN C. KAMMERMAN

May 1, 1973

44-698

RICHARD WILSON, TRIBAL CHAIRMAN;

CHARLES DAVID WINTERS:

PETER HERMES MERRIVAL;

GLENN HERMIS THREE STARS;

RUSSELL MEANS - VICTIM;

GARY THOMAS - VICTIM

INTIMIDATION; CIVIL RIGHTS

Office:

MINNEAPOLIS

Bureau File #:

44-56075

Synopsis:

• RUSSELL MEANS alleged that he was attacked while in a car

parked at the Pine Ridge Shopping Center by the subjects.

One witness identified WINTERS as the one who slapped MEANS.

- p -

DETAILS:

HERES MERLEVAL and GLENN R

This document contains neither recommendations nor conclusions of the FBI.

It is the property of the FBI and is loaned to your agency; it and its contents

are not to be distributed outside your agency.

NW 68262 Docld:32989685 Page 308

U. S. GOVERNMENT PRINTING OFFICE: 1970 0 - 406-840

---

## Page 309

ED-H02 (REV. 11-27-70)

FEDERAL BUREAU OF INVESTIGATION

Date of transcriplian

On April 2, 1973, PETER HERMES MERRIVAL, Pine

April 6, 1973

which he refused to sign:

"Pine Ridge,

South Dakota

"April 2, 1973

"I ,

PETER HERMES MERRIVAL, make the following

free and voluntary statement to JAMES E. BOWMAN and

BILL D. COLVIN who have identified themselves to me

as Special Agents of the Federal Bureau of Investi-

gation. Mr. BOWMAN advised me of the nature of the

inquiry and ot my rights.

He furnished me a

. warning

and waiver form which read. & stated that 1 under-

stood my rights but I refused to sign the waiver form.

"I was born on July 28, 1941, in Fine Riage,

south Dakota, and consider my residence Pine Ridge,

South Dakota.

I completed 9 1/2 years of school and

can read and write.

"About a month ago, my brother, JOSEPH MERRIVAL,

picked me up in his car. I had been walking along a

road and had been drinking. Joe picked me up sometime

In the afternoon and 1 had

been drinking since early

morning. I don't know if JOE had been drinking.

"We walked into the Sioux Nation Shopping Center,

Pine Ridge, South Dakota, after JOE parked his car.

I looked around the shopping center to see if any

members of All were raising hell. I then came outside

and saw RUSSELL MEANS on the passenger side of a car.

The only other person I saw in the car was the driver.

I do not know his name.

I was standing on the driver'

side of the car.

The driver's side door was partially

oper.

I asked MEANS what he was doing raising hell

here as this is our shopping center.

By referring to

our shopping center, I meant

the shopping center

Oglala Sioux Shopping Center.

interviewed on.

-4/2/73

- Pine Ridge, South Dakota File # MP 44-698-2

DISAS JAMES E. BOWMAN & BILL D. COLVIN - SMSDate dictated _

4/3/73

This document contoins neither recommendotions nor conclusions of the FBI. It is itie property of the FBl and is loaned to your agency:

it and its contents are not to be distribuled outside your agency.

2

niN 687262: Docld:32989685 Page 309

---

## Page 310

2

•MP 44698

JEB/sms

"After I asked him this, somebody hit MEAIS,

or it looked like somebody hit MEANS with his

hand.

I do not

who was standing on that side

of the car.

I did not hit the driver, nor did I

see anybody else hit the driver. I do not know

the identity of anyone else who

standing by

the car.. I didn't see anyone else in the car

besides the driver and MEANS.

"My brother, JOE, was either inside the

Sioux Nation Shopping Center or standing by the

door of the shopping center when I was talking

tO MEANS.

to MEANS.

twenty feet from the door of the Sioux Nation

"After I saw the attempt to hit MEANS through

the window of the car, the driver backed the car up

and took off.

"Witnesses:

"BILL D. COLVIN, Special Agent, FBI, Mpls, Minn, 4/2/73.

"JAMES E. BOWMAN,

Special Agent, FBI, Minneapolis,

Minnesota, 4/2/73.'

MERRIVAL:

The following description was provided by PETER HERMES

Name

Alias

Address

Telephone Number

Race

Sex

Date of Birth

Place of Birth

Occupation

Employment

Eyes

Social Security Number

Marital Status

Nationality

Height

Weight

Build

PETER HERMES MERRIVAI.

PEACHY

Post Office Box 353

Pine Ridge,

South Dakota

867-5365

Indian

Male

July 20, 1941

Pine Ridge, South Dakota

Welder

Unemployed

Black, below shoulder length

Green

521-40-2849

Divorced - 1972

American

5'10"

195 pounds

Medium

3.

NW. 68262. Docld:32989685 Page 310g

---

## Page 311

MP 44-698

JEB/sms

Military Service

Education

Children

....

--. - Former Wife

Scars and Marks

Arrests

Relatives

/

None

Completed ninth grade at

Pine Ridge, South Dakota

RIM MERRIVAL (14) - daughter

1045 South 14th West

Salt Lake City, Utah

JEANNIE MERRIVAL (1 1/2) -

daughter

FILE RAIG SOuth Dakota

1045 South 14th West

Salt Lake City, Utah

1"

scar each corner of mouth;

gorilla tattoo on right shoulder

1955 - Breaking and entering,

Pine Ridge, South Dakota,

sentenced to Ogden, Utah

Reform

School;

1970 - Misdemeanor, Pine Ridge,

South Dakota;

1969 - Drunk, Oakland,

Califomnia;

Numerous arrests for drunkenness

Mother - ETHEL MERRIVAL,

Post Office Box 353

Pine Ridge, South Dakota

Father - PEDRO MERRIVAL

Chicago, Illinois

Brother - BARTON MERRIVAL

Kimes Canyon, Arizona

Brother - JOE MERRIVAL

Hayward, California

Sister - JUDITH MARDAINION (ph)

Pine Ridge, South Dakota

Sister - IRIS WILSON

. Seattle, Washington

4

NW 68262 Docld:32989685- Page 311 : """

---

## Page 312

EDERAL BUREAU OF INVESTIGATION

Date of transcription

4/24/73

STANLEY DE LYMAN,

Superintendent, Bureau of Indian

AffaIrS (BIA), advised that he was not a witness

to the in

cident of February 27, 1973, at which time RUSSELL MEANS was

allegedly attacked by ELER WINTERS and others at the Sioux

Nation shopping tenter parking lot.

LXMAN advised further

ThAT INER WINTERS Came to his office and discussed the above

incident and said that RUSSELL MEANS and others were in the

store creating a disturbance.

WINTERS tOld LYMAN that he heard

about this and went down to the shopping center parking lot

at which time WINTERS slapped MEANS who was in the car.

LYMAN talked to the people in the store and they

stated that the American Indian Movement people had not caused

any problem that day.

LYMAN further stated that his boa is WYMAN BABBY and

that the only knowledge BABBY has of this incident is what

LYMAN told hin.

Interviewed on.

#19/73

PIne Ridgo, South Dakotal #-MP 14-698

by-

SA ROY #. RHODES, JR. and

SA JOHN C. KAMMERMAN

-JCK:sly Dole dictated_

1/22/73

This document contins nellher recommendations nor conclusions of the FBi. Il is the properly of the FBI and is loaned lo your agency;

it ond ils contents ore nol lo be distributed outside your agency.

5

-MW 68262 Docld:32489685 Page 312

---

## Page 313

FO-302 TREV. T1-21-101,

FEDERAL BUREAU OF INVESTIGATION

Date of transcription

4/22/73

vlewed at the BIA Building by FBI Special Agents J0HN C.

KANMERMAN and BOY W. RHODES, Mey who advised him of their

identity and that chey wished to interview him regarding

his possible involvement in or knowledge of the incident

at the sioux Nation Shopping Canter parking lot on February

L1& 1913, at 2:30 Doll at Which time RUSSELL HiANS and GARY

THOMAS were allegedly attacked.

KAHMERMAN advised THREE

STARS of his rights after which THREE STARS stated he under-

stood his rights and waived such rights as shown on an ex-

ecuted warning and Waiver forn.

THREE STARS advised that

on resisary 21, 1973. he had gone to the grocery store at

the above mentioned parking lot by hiuselt for the purpose

of buying diapers and milk for the family. When he came

ont of the store he saw JOSEPH MERRIVAL

ELMER WINTERS and

SONNY DRON standing next to a car in which RUSSELL MEANS

as sitting on the passenger side and GARY THOMAS was sit-

ting behiad the weel.

WINTERS was standing on the driver's

side of the vehicle and reached across and over THOMAS and

slapped RUSSELI, MEANS in the face.

THOMAS was not hit or

slapped and THRDE STARS did not hear any conversation be

tween these people.

THOMAS then immediately drove away.

At this time whea MEANS was slapped by WINIERS, THREE STAR.

vas siting in his car next to ThOMAS

cax* He does not

know why the ocher three persons came to the parking lot.

THESE SCARS aNd HURRIVAL were both arrested and changed

with ascault on RUSSEL. MEANS®

THREE STARS stated that he

himsele vas probably mentioned in the complaint because he

and MERRIVAL were the only ones recognized by MEANS.

WILSON to the STAns a that he was not sent by DICK

THREE STARS stated that he did not desire to

furnish a signed statement.

Interviewed on.

4/20/73

-Pine Ridge, South Dakota File#-11P- 44-698

by-

SA ROX W. RHODES,.

JRo and

SA JOINT &A RAMIERMAN

_ Date dictaled.

4/20/73

This document contains neither recommendations nor conclusions of the FBl, It is the properly of the FBl and is loaned to your agency:

it and its contents are nol to be distribuled oulside your agency.

6

NW 68262 Docld:329,89685 Page 313

---

## Page 314

MP 44-698

2

:

The following description was obtained from inter

view and observation:

Name

Sex

GLENN HERMIS THREE STARS

Race

Male

White

Date of Birth

May 4g

• 1932

Place of Birth

Pine Ridge,

South Dakota

Height

5'11"

Weight

185 pounds

Hair

Brown

Eyes

Hazel

Social Security No. 503-30-1993

Marital Status

Married

Tattoos

Black Panther - left upper arm;

numerous letters on left fore

arm and right wrist,

_NW 68262 Docld:32989685 Page 314

---

## Page 315

FEDERAL BUREAU OF INVESTIGATION

Date of transcription.

4/22/73

GLENN HERMIS THREE STARS, Box 145, was inter

viewed "at the BIA Building by FBI Special Agents JOHN C.

RAMMERMAN and ROY W. RHODES, JR., who advised him of their

identity and that they wished to interview him regarding

his possible involvement in or knowledge of the incident

at the Sioux Nation Shopping Center parking lot on February

27, 1973, at 2:30 p.le at which time RUSSELL MEANS and GARY

THOMAS were allegedly attacked.

KAMMERMAN advised THREE

SIARS of his rights after which THREE STARS stated he under-

stood his rights and waived such rights as shown on an ex-

ecuted warning and Waiver LorI. THREE SIARS advised that

of buying diapers and milk for the family. When he came

out of the store he saw JOSEPH MERRIVAL, ELMER WINTERS and

SONNY DEON standing next to a car in which RUSSELI MEANS

was sitting on the passenger side and GARY THOMAS was sit-

ting behind the wheel.

WINTERS was standing on the driver's

side of the vehicle and reached across and over THOMAS and

slapped RUSSELL MEANS in the face. THOMAS was not hit or

slapped and THREE STARS did not hear any conversation be-

tween these people.

TROMAS then immediately drove away.

it this time when MEANs was slapped by WINtERS THREE STARS

was sitting in his car next to THOMAS

He does not

know way the other three persons came to the parking lot.

THREE STARS and MERRIVAl, were both arcested and charged

with assault on RUSSELL LEATS. THREE STARS stated that he

himseli was probably. mentioned in the complaint because he

and MERRIVAL were the only ones recognized by MEANS.

THREE STARS affirms that he was not sent by DICK

WILSON to the parking lot.

THREE STARS stated that he did not desize to

furnish a signed statement.

Interviewed on 4/20/73

-'-Fine Ridge, South Bakota File #

74 698

by.

SA ROY W. RHODES, JR. and

SA JOIN G. KAMMERMAN

JEKESEN

_ Date dictated _

4/20/73

This document contains neither recommendations

il and its contents are

nas lo be distributed outside your agency.

nor conclusions af the FBi. It is the properly of the FBl and is loaned to your agency;

8

• NW 68262 Docld:32989685 Page 315

---

## Page 316

MP 44-698

2

The following description was obtained from inter-

-view and observation:

Name

GLENN HERMIS THREE STARS

Sex

Male

Race

White

Date of Birth

May 4,

1932

Place of Birth

Pine

Height

5'11 Ridge, South Dakota

Weight

185 pounds

Hair

Eyes

BrOWn

Hazel

Social Security No. 503-30-1993

Marital Status

Tattoos

Married

Black Panther - left upper arm;

numerous letters on left fore

arm and right wrist.

9

- NW. 68262-Docld:32989685 Page 316.

---

## Page 317

302. (REV, 11-27-70)

FEDERAL BUREAU OF INVESTIGATION

Dole of transcription April 22,

1973

RICHARD ALLEN WILSON, President of the Oglala

Sioux Tribe, was interviewed at his residence by I'EI

Special Agents JOHN C. KAMIERMAN and ROY W. RHODIS, JR.

'SA KANMERMAN advised

WILSON of his identity and that he

wished to interview him regarding his involvement in, or

knowledge of, the activities of a group of Oglala Sioux

Indians who are sometimes referred to as "Dick's goons."

SA KANMERNAN also stated that he wished to discuss the

allegations that WILSON gave orders to these "goons" to

harass member's or sympathizers of the American Indian

Movement (AIN).

KAMHERMAN then advised WILSON of his

rights after which WILSON stated he understood but would

not sign a waiver of righis form or any statement.

WILSON further stated that he would not discuss

any of these matters because of the Civil Rights Act oi

1964 and 1968 are not recognized by the tribe as being

valid for the reservation, until such a time as these

are ratified by referendum

vote of the Oglala Sioux people.

The following description was obtained from

observation:

Plane

Race

Sex

Age

Height

Weight

Hair

Eyes

RICHARD ALLEN WILSON

White

Male

Approximately 50

5'10" (approximately)

105 pounds (approximitely)

Plack

Interviemod on 1/E1/73

SA JOHN C. KANMERMAN

-a Dine Ridge, South Dalota File *-

MP

41. 693

by-

_ Dale dictated 4/22/73

10

• This document contains neilher recommendations nor'conclusions of the FBl. It is the property of the FBI and is looned lo your agency;

il and its contenis are not lo be distribuled ouisido your agency.

NW 68262 Docld:32989685 Page 317

---

## Page 318

?.t,

DERAL BUREAU OF INVESTIGATION

Dato of transcriplion Apxit 221,

1273

GLENN HERMIS TIRES STARS was interviered at his

residence hy FBI Special Agents JORiT C. KAMNERMAIT and ROY

SA KAMMERMAN advised THREE STARS that he

wished to

W. RODES, aterview him regarding his possible involvement

•in or knowledge of the activities of a group of Oglala

Sioux Indians on the reservation who are organized to take

the law in their own hands.

THREE STARS was then advised

of his rights by SA KAMMERMAN after which THRIE STARS read

a statement of his rights, stated he understood his rights

was willing to waiver such rights as shown on an

executed warning and vaiver forin. THREE STARS then advised

as follows:

He is the president of a group of approximately

eighty men who are all Indians or part Indians of the Oglala

Sioux Iribe living in the Pine nidge area. . This group is

sometimes referred to as "Dick's goons."

This group is

organized for the purpose of protecting their homes aud

themselves against the members and sympathizers of the

American Indian Movement (Mill) who allogedly are trying to

cruse them harm.

This group is organized and divided up

into squads headed by squad leaders who are accountable to

him.

After being asker what he or his group would do

if any AIM persons came with the intentions of doing harm

or injury in any way; he stated that his group would

them out of town and not tron chen over io

the authorities,

This group does not pay dues but is a volunteer organization.

TINEE STARS was asked if this group met on a

regular basis to which he auswered that they met every day

but not as a body.

ThIse STARs then gulled cut an automatic pistol

his right rear trouper pockot and stated that he allays

carries

this gun for protection and that he has a gun

permit.

TIRCE STARS asked why the Marshals and FRI Agents

Interviewed on 4/21/73

SA JOHN C. RINMERMAN

Dy.

SA TOY W. RHODES, JR.

_ Dine hidge, douth Dakota -File #:

MP 44-698

JCK: all Octe diclated

4/22/73

This dorument conions deither recommendations, nos conclusions of the FBl. ll is the properly of the FBl ond is louned to your agency:

i-ind its contents ird nol lo lie distribuled oulside your agency.

11

Kart

NW 68262-Docid:32989685-Page-318

---

## Page 319

.MP 44-698

1".

could not move bake from the roadblocks and let his group

take over lounded Knee, South Dakota, from the militant

AlM members; he added that they have

enough guns and

weapons to

take over Wounded Knee from Alk.

SA KANMERMAN

stated that it might be difficult for them since it is

reported that some of the persons. occupying Wounded Knce

have machine guns. THREE STARS just smiled and repeated

that his group has suificient weapons for the purpose.

THREE STARS then stated that he wanted us to

meet RICHARD WILSON and took us to WILSON's residence.

THREE STARS refused to give a signed statement.

The following description was obtained through

observation and interview:

Name

• GLENN HERMIS TERED STARS

Race

White

Sex

Male

Date of Birth

May 4, 1932

Place of Birth

Height

Siting mont taliot

eight

I85 pounds

Hair

Eyes

lazel

Social Security lĩo, 503-30-1993

Residence

Box '145

Bine Ridge, Bouch Dakota

Marital Status

Tattoos

Iried

Inerous miscellaneous

lettous on left foreai'

and right wist; black

panther on left upper arm

12

Aw 66267, bocla 52989685 Page 319*

1.:

---

## Page 320

FEDERAL BUREAU OF INVESTIGATION

Dose of transcription

April 22, 2023

RICHARD ALLEN WILSOR, Presidont of the Oglala

Sioux Trike, was intorviered at his residence by IDi

SpeenI Agents JOHN C. MISERNAN and ROY #. NODES,

KARAN advised WIlSo of his identity and that he

wishow to interview him rogurding his involvement 10, or

inowledge of, the activities of a group of Oglala Sious

Indians who are sometimes referred to as "Dick's goons,"

BA KaniN also stated inat he wished to discuss ie

allegations that MISON gave orders to these "goons" to

karise menbers of sympathizers of the American indian

Lovemont (AID.

Kaorahar thon advised WILSON of his

righis alter which WILSoN stated he understood but would

aot sign a waiver of rights form or any statement.

WILSON further stated that he vould not discuca

any of these matters becauss of the Civil Mignts 20e o1

1034 and 1958 are not rocognized by the tribe as bei.

valid for tie rosorvation, until such a time se choco

are ratified by referenäum vote of the glala Gious pa0gi0.

The folloving description vas obtained 1rca

Kame

race

Age

Feight

Teight

Hair

Eyes

RICHARD ALLEN WILSON

White

-ia le

Approximately 50

5'10" (approxinately)

105 pounds (approximatoly,

zlacis

nerviewed on 4/21/73

a Dira Ridge, Louin Daiot File i-

12 sues

SA GUN C. KAMERMAN•

Sir T.2h022, J0r

_Dule dieraiod 4/22/Z3

•13

This documeni contains neilher recommendations nor'conclusions al the Fll, is is the properiy of the FBl and is looned to your agency:

is and its conleris are nos to be distributed outside your ogency.

NW.68262 Docld:32989685 Page 320 -- --

1OTN701 10799

---

## Page 321

FD-302 (REV. 11-27-70)

FEDERAL BUREAU OF INVESTIGATION

Date of transcription.

4/24/73

CHARLES DAVID WINTERS, alSO KNOWn aS ELMER FUDD

WINTERS, was Intervieyed at his residence of 171 Eastridge

JR. SA RAMMERMAN advised WINTERS of their identity and that

he wished to interview WINTERS regarding his possible know-

ledge of or involvement in the alleged attack on RUSSELL MEANS

at the Sioux Nation Shopping Center parking lot on February

27, 1973, SA RAMIERMAN then advised WINTERS of his rights at

which time WINTERS sated that he understood his rights and

signed a faiver of Rights form..

WINTERS then stated that he did not want to talk

about this case.

The following description was obtained at

this time:

Name

Allas

Sex

Race

Date of Birth

Place of Birth

Hesht

Weight

Hair

Eyes

Social Security No.

Wife

Residence

Previous Arrests

CHARLES DAVID WINTERS

ELMER FUDD WINTERS

Male

White

April 15, 1944

Pine Ridge, south pakota

597"

165 pounds

Brown

Brown

503-50-6267

RITA

171 Eastridge

Pine Ridge, South Dalota

1969 - Assault with a deadly

weapon - Deadwood, South Dakota -

three years probation

Interviewed on_

1/21/73

SA BOY T. RHODES, JRo, and

by-

SA JOHN C. KAMMERHAN

-a-Pine Ridge, South Dakota File #-a

14698

_Dote diclated: 1/22173

his document contoins neither recommendations nor conclusions of the FBI. It is the property of the FBI and is loaned lo your agency,

I and ils contents are not to be distribuled oulside your agency

14

_ NW 68262 Docld:32989685 Page 321

-.

---

## Page 322

FD-302 (REV. 11-27-70)

FEDERAL :BUREAU. OF INVESTIGATION

April. 24r 1973

Dale of transcription.

CARY ROVE THORAS, Attorney, Logal Aid Sarvices, was

Interviewed at his oifice.

ME. TRONAS advised it is his

desica to clarify a situation which he witnessed involving

RUSSELL MEANS, and which was later alleged to be a violation

of ImANs civil rights. lie THOMAS said the incident, in his

opinion, vas definitaly nos a civil righta violation

He

stated he was angry at MaNs for contributing to the die

orders at the Pine Ridge Indian Reservation, which Largely

Led to the renoval of Legal. Aid Services fron Pine Ridge.

Accordingly, he advised that he would provide a signed

statement describing in datall the events which led up to

the alleged violation of hans civil rights. Me. THOMAs

provided the following signed statement to the intervieving

Agent:

*I, GARY ROVE THOMAS, make the following statement

tO IT. ROCER I. FISEER, Who has identified himself

to me as a Special Agent of the Federal Bureau of

Investigation.

"On Monday, February 26, 1973. I was In Manderson,

SaDor for the funeral dE aLL ELACE ELK..

A man Baned

DAVE IONG, Vice President of

the tribe; approached

me and asked if I vaniod to attend a paron at Calico,

supposedly in celebration of BLACK ELi's death. Neu

I was leaving that night RUSSELE, MEANS approached me

and asked if he could take a gict accompanying him

to my house. I told him I had an excra bedroon and

he could use it. I had mat WEANS at Pine Ridge through

the Legal Ald services office during the period July

• to August, 1972e

The girl with MEANS was named CONASS.

I do not remember her first name but she was 26 or 27

yents old, tron Rapid Citye and was part Indian.

whe next morning, they asked ma to drop them

off at calico Village, approximately 25 miles frou

Interviewed on_

1/12/73

MP 44×596

orite Thompson, South DakotaFile # -

MP 44-598

by-

BOGER I. FISHER/onk

_Date dictoted

4/28/73

• This document contoins neither recommendations nor conclusions of the FBI. It is the property of the FBI and is loaned lo your agency:

il and ils contents are nol lo be distributed oulside your agency.

15

k NW 68262 Docld:32989685 Page 322

---

## Page 323

MP 44-896

MP 44-598

₴

my hone. My home is in Pushville. I sas going to

my office in Pine Ridge and consented to give them

a ride. At approximately 2:30 Polle we stopped at

the sioux Nation store in Pine Ridge RUSSELI. MEANS

entered the store to buy a paper. He returned

approximately five minutes later. A woman named

ROSE BULL BEAR from Kyle came up to the car and

conversed with MEANS. During the conversation an

Indian male came up to the car wearing a cowboy hat.

He approached the driver's side and looked in.

I

asked if I could help him. The man shook his head

and went back into the store. ROSE continued talking

tO MEANS. Within a couple of minutes approximately

five males came out of the store. The man in the

cowboy hat came with them. One or two men came up

to the driver's side, the others to MEANS' side. I

locked the door, rolled up the window, and started

the engine in order to back away. Simultaneously,

the men on MEANS* side shoved ROSE away and directed

a couple of blows at MEANS. Some of the men asked,

"MEANS, are you causing trouble in the sioux Nation Store?"

MEANS sustained a lip injury which was bleeding. I

aid not observe any other injuries.

"I do not know if MEANS had trouble in the store.

He said he had a conversation with an elderly person

but seened surprised when the men attacked.

"Afterward, ve proceeded to Calico Village. I

Let MEANS and the CONROY girl out of my vehicle at

approximately 3 poll. MEANS did not indicate his

destination. He had not mentioned Wounded Knee at

all prior to this time. I was not aware of any planned

trouble there and did not learn of the take over until

7=30 or 8 p.Ml. that same day.

16

NW 68262 Docld:32989685 Page 323

---

## Page 324

MP 44-696

He 440598

"After letting MEANS and CONROY out of the

car I went to Pine Ridge io the BIA building to

seek a U. S. Marshal or an FBI agent to report the

Incident.

My purpose was to advise them because I

thought MEANs might get angiy and retum with a mob.

MEANs did not indicate he was angry but rather said

he would sign a complaint. He told me of the

identities of two men involved in the attack. I

did not know any of them.

The two he named were

JOE MERRIVAL and GLENN THREE STARS. MEANS said they

were friends of DICK WIISON'S. At the BIA building

I spoke to an unknown parson on the U. S. Marshal's

staffe

He suggested I sign a complaint against the

men. I discussed the matter with "SKI" JACOBS,

Captain of police and afterward did sign a complaint

against MERRIVAL and THREE STARS. I do not know if

MoANs ever did.

"For several months I had heard rumors at Pine

Ridge concerning a "goon squad" supposedly hired by

DICK WILSON. The rumors also. stated that these

people were paid with approximataly $65,000 obtained

through the area office.

"In February, 1973, during the attempted impeach-

ment of WILSON there were several U. S. Marshal's at

Pine Ridge. I spoke to REIS R. KASH Of the Marshal's

service who stated in effect that he was surprised and

displeased to learn that there was a

"goon squad" on

the reservation. He ordered that no. more federal

monies be paid to these men and dismantled the group

because their existence contributed to the anxiety of

the situation. This is the first word from an official

17

NW 68262 Docld:32989685 Page 324•

---

## Page 325

MP 44-696

MP 44-598

source I geceived concerning the existence of a

"goon squad." I had heard runors but do not know

of specific instances where people were intimidated.

Everything was hearsay. I never checked out the

stories personally. For example, rumor had it that

ELLEN MOOSE CAMP, Trailer Court, Pine Ridge, had her

trailer entered and ransacked by the "goon squad."

LILLIAN RICHARDS, Secretary, Tribal Office, allegedly

was beaten by "goon squad"

and required hospitilization.

A house belonging to YELLOW BOY was supposedly burned

in North Ridge by the "goon squad!" because he housed

out of state people in his home. FRANK FOOLS CROW'S

house was allegedly entered and he and his family

threatened by the "goon squad."

I heard also that

some of the men were funded by Manpower.

"I have no other information except on February

28, 1973, I picked up an attorney, BILL JANKLOW from

Pierre at the airport. We were accompanied by another

attorney, MICK GROSENBERG, States Attorney, Winner.

BILL was looking for his client's mother, Mrs. BLACK

FEATHER. I drove them around town. While standing

in front of the Pine Ridge courthouse, DICK WILSON

approached me. He said "If you're here past 8:30

in the morning I'll have you killed." The other

attorneys heard the threat.. I spoke to WILSON many

times while working at Legal Aid Services. Our office

had some conflict with WILSON. We tried to tell him

we were not involved in partisan politics.

However

once he said we were either for him or against him.

Since so many AIM members came to our office he

apparently felt we were on their side. I felt he

might also have learned of MEANS visit to my home

and this might have brought on the threat.

18

NW 68262 Docld;32989685 Page 325

T."?

---

## Page 326

ME 44-696

HIP 44-598

"I have read this statement consisting of this

and five other pages.

I have made any necessary

corrections and have initialled each page. This

statement is correcto

/s/"CARY R. THOMAS

April 12, 1973

ito Thompson, S.De

"Witness:

Special Agent ROGER I. FISHER,

Minneapolis FBI, 4/12/73."

ive

•19

NW 68262 • Docld:32989685 Page 326 -*

---

## Page 327

MP 44-698

On April 30, 1973, R. DENNIS ICKES, Attorney, Civil

31 at the on Enter states a tent cant te e ner-

feel this case warrants any further investigation and would

desire to have a copy of a report to study.

}

20*

L NW 68262 Decld:32989685 Page 327.*

---

## Page 328

=

0-70 (Rev. 3-28-72)

OPTIONAL FORM NO, 10

MAY 1962 EDITION

5010-108

GSA GEN. REG. NO, 27

UNITED STATES GOVERNMENT

Memorandum

TO

• Assistant Attorney General

Cinil Rights

Division

Acting

FROM : Director, FBI

SUBJECT:

RICHARD WILSON; ET AL.

RUSSELL HEANS; ET AL.

- VICTIMS

INTIMIDATION; CIVIL RIGHTS

DATE:

5/8/73

:

Reference is made to

_ memorandum dated

(your file

There is enclosed one copy of the report of Special Agent John E.

dated

5/1/73

Minneapolis

Kamnerman

A. • This covers the preliminary investigation and no further action concerning

a full investigation will be taken by this Bureau unless the Department so directs.

B. [ The investigation is continuing and you will be furnished copies of

reports as they are received.

C. [ The investigation requested by you has now been completed. Unless

advised to the contrary no further inquiries will be made by this Bureau.

D. [ Pursuant to instructions issued by the Department, no investigation will

be conducted in this matter unless specifically directed by the Department.

E. [ Please advise whether you desire any further investigation.'

F. This is submitted for your information and you will be advised of further

developments.

G. 3 This is submitted for your information and no further investigation will

be conducted unless specifically requested by the Department.

H. • This covers the receipt of a complaint and no further action will be

taken by this Bureau unless the Department so directs.

Enc.

1

this case.

- NW-68262-Docld:32989685-Page 328----

+21077:1 10009

---

## Page 329

53-365 (Rev. 8-9-71)

Transmit the following in

Via

AIRTEL

To:

From:

Subject:

FBI

Date: 5/3/73

(Type in plaintext or code)

AIRMAIL

(Priority)

Director, FBI

ATTENTION:

SAC, MINNEAPOLIS (44-NEWQX CIVIL RIGHTS SECTION

RICHARD VILSON;

\GENÉRAL INVEST. DIV

DOMESTIC INTELLIGENCE DV.

CR

/SON

LXCR

DEL

ODIH

DEID D Bomb Threats

D CRA-64

• PA

OPE

JPF

• Extremist Matters

• White Hate

•Blầck

E

Elle

Summary of Complaint:

R. DENNIS ICKES, Departmental Attorney, Pine

Ridge, South Dakota, furnished a letter dated 4/29/73

requesting investigation concerning RICHARD WILSON threat

to kill GARY R. THONAS if he was not out of Pine Ridge,

South Dakota, by 8:30 p.m., 2/28/73.

Interview of GARY R.

THOMAS at Fort Thompson,

South Dakota, 4/12/73, indicates

BILL JANKLOW and MICK GROSENBERG were witnesses to the

threat.

ICKES rEqUEStS JANKLOW and GROSENBERG be inter-

viewed to determing the veracity of THOMAS' allegation.

Bureau (Enc. 6) ENCLOSURE

3

E1.1:7.9

- Minneapolis

EX TIL

FH : sks

(5)

MCT-2

2 ESAY

ACTION: UACB:

I No further action being taken and

SHON

& LHM enclosed

I Copy furnished to USA, Sioux False

• FD-376 (enclosure to LHM)

South Datota

-/cU

LHM. being submitted 1 - Departmental

Attorney,

• Report being submitted Civil Rights Division,

United

Preliminary investigation institutedStates Department of

Limited investigation instituted

Justice, Pine hidge,

South Dakota

7 1 6 1973

Approved:

53 MAY 86 197 gent in Charge

NW 68262 Docld:32989685 Page 329

Sent

---

## Page 330

MP 44-New

LEADS

MINNEA POLIS

AT PIERRE, SOUTH DAKOTA

Interview BILL JANKLOW.

AT WINNER. SOUTH DAKOTA

Interview MICK GROSENBERG, States Attorney, Winner,

South Dakota.

2*

NW 68262' Docld:32989685 Page 330 -

---

## Page 331

In Reply, Please Refer t0

File No.

U.

TED STATES DEPARTMENT OF

STICE®

FEDERAL BUREAU OF INVESTIGATION

392 Federal Building U. S. Court House

110 South Fourth Street

Minneapolis, Minnesota

55401

May 3, 1973

RICHARD WILSON;

GARY R. THOMAS - VICTIM

Copies of this communication are being furnished

to Departmental Attorney, Civil Rights Division,

United States

Department of Justice at

Pine Ridge, South Dakota, and to the

United States Attorney, District of

South Dakota,

Sioux Falls,

South Dakota.

Gary R. Thomas was interviewed by Special Agents of

the federal Bureau of Investigation on April 12, 1973, at

Fort Thompson, South Dakota, concerning another

matter

and

furnished the

following information:

Thomas stated that on February 28, 1973, he picked

up an attorney, BillyJanklow, from Pierre, South Dakota, at

the Pine Ridge, South Dakota, Airport.

They were accompanied

by an attorney, MickCrosenberg, à States Attorney FrOm Winner,

south Dakota,

and drove around the village of Pine

Looking for a client.

While standing in front of the courthouse,

pere past 3:30 in the morning, I'11 have you killed".

Dick Wilson approached Thomas and said "If you are

Richard "Dick"Wilson is the duly elected

President of the Oglala Sioux Tribal Council,

Pine Ridge Indian Reservation, and in this

position he has taken a strong stand against

the American Indian Movement (AIM) and its

objectives.

Impeachment action has been taken

against Wilson on numerous occasions by members

of the Tribal Council sympathetic to AIM, and

his removal has been a primary objective

AIM at Wounded Knee, South Dakota.

He and his

supporters, commonly referred to as his "goon

squad," have been the subjects of numerous

civil

rights complaints that have been made

during the negotiations at Wounded Knee.

44

56615-

ENCLOSUI

NW 68262 Docld:32989685 Page 331 -

---

## Page 332

RICHARD WILSON;

GARY R. THOMAS - VICTIM

R. Dennis Ickes, Departmental Attorney, United

requested by a communication

States Department of Justice dated April South bakota,

29, 1973, that

Janklow and Grosenberg be interviewed to determine the

veracity of the statemant made by Gary R. Thomas.

This document contains neither recommendations

nor conclusions of the Federal Bureau of Investigation.

It is the property of the Federal Bureau of Investigation

and is loaned to your agency; it and its contents are not

to be distributed outside your agency.

==

-

2*

• NW 68262 Docld:32989685 Page 332

---

## Page 333

FD-365 (Rev. 8-9-71)

FBI

Date:

4/8/73

Transmit the following in

(Type in plaintext or code)

Via

AIRTEL

(Priority)

To:

Director,

FBI

ATTENTION:

From:

SAC, MINNEÁPOLIS

Subject: RICHARD VILSON

TRIBAL CHAIRMAN;

_ OTHER UNKNOWN SUBJECTS;

RUSSELS MEANS - VICTIM;

GARY' THOMAS - VICTIM

(44-698)X CIVIL RIGHTS SECTION

(P)

GENERAL INVEST. DIV.

I DOMESTIC INTELLIGENCE DIV:

7

XICR DEL

ODIH

C EID D Bomb Threats

D CRA-64

O PA 'ОРЕ

OPE

• Extremist Matters

• White Hate J Black

DE

Summary of Complaint:

On March 29, 1973, RUSSELL MEANS complained to

Departmental Attorney

R. DENNIS ICKES that he,

GARY THOMAS Of Pine Ridge, South Dakota, were attacked by

JOE MERRIVALO, PETER "PEACHY" MERRIVALO, ELMER WINTERS, GLEN

THREE STARS, and one unknown male individual.

According to

MEANS, the

afore-named individuals were hired by RICHARD

the attack upon MEANS and THOMAS

• took place on 2/27/73, at 2:30 p.m. in the Sioux Nation

Shopping Center parking lot in Pine Ridge, s.D.

MEANS did

not go into detail about the incident but commented that GARY

THOMAS; WYMAN BABBY, who is the Area Director of

the BIA; and

STANLEY WYMAN, Pine

Ridge Agency Superintendent, could fill

in the details about the

ACTION: UACB:

BEC-23

144-58025

No further action being taken and

- Bureau

1

- Minneapolis

JEB:

SMO

(3)

LHM enclosed

• Copy furnished to USA

£ APP. 19 1973

• FD-376 (enclosure to LHM)

LHM being submitted

COMET PA, TIMIS

• Report being submitted

Preliminary investigation instituted

Limited investigation instituted

R 26 1973

Approved:

Sent.

. M

Per

Special Agent in Charge

NW 68262. Docld:32989685 Page 333

---

## Page 334

$151

4)

Transmit the following in

Via

FBI

Date: 10/13/73

(Type in plaintext or code)

(Priority)

TO:

DIRECTOR, FBI

SciC, LINDAPOLIS (44-727) (C)

RICHARD RTLSO:T

GLRALDID JANIS - VICTI

ET AL

CAi

lie ilinneapolis report of su laRiT J. LiTTUS, dated

10/10/73.

1.

Enclosed for the Purcau are two (2) copies each of the

following enclosures:

contract Documeat concening the Clai Services, 1973D

Proposal Copy (marked Froposal), which contained

specific information on Cilli employment.

On 10/11/73, the above enclosures vere received by

registered nail and were furnished by cheat Polite, acting drea

Community Health lepresentative Coordinator, «berdeen, S.D. area

office.

This information is furnished to augment previous

investigation conducted in this matter:

i'!!

11. 97 119.

* ОСТ 20Л3-3

10

Bureau (Oncs.

- Minneapolis

EJL/rmd

(3)

minesia

0-106

10/06173

Approved:

NW 68262 Doeld:32989685. Page 334

Special. Agent in Charge

Sent

_M

Per

U.S. Government Printing Office: 1972 - 455-574

---

## Page 335

I.

1. 14 CIR'S $ $5,200/31.

1 Coordinator : 02,000/yI.

B. 10 % Fringo Bondrito:

TOTAL SATARY:

II.

IRAVEL & 222R IT 31:

1.

Rescrvation Travel; 1,000 mi/no x 12¢/mi x. 12 mo/YX

x 15 CHR'S.

B.

Travel to Professional Meetings;

Lakota 13

and Ilcalth;

# mtgs/yr x 3 cars x 1000mi/mtg x 12$.

7 State Indian Health Association:

4 cars x 2 mtg/JI % 1000 mi/mte x 12ç

MembershLy un! staTe:

, Do Space costs, rental &: Haintenance of Offices:

E. Per Diem to Professionel Meetings;

Lakota IB & Health, 10 people x $25/day x 4mgt/yx *

4 day/inte.

7 State; 10 people x $25/day x 4 days x 2 mtgs.

E.

Uniforms:

$100/Unidorn x 15 people x 3 sets.

Bonding Ices for Coordinator & Bookkeeper

@ $10/thousend x $25,000 x 2..

H. laministrative Overhead - No Greater than 15% of

$03,950.00

TOTAL BUDGET:

_ NW 68262_Docld:32989685 Page 335

$72, 800.00

$ 2,000.00

$81,800.00

$ 8,180.00

$89,980.00

$21,600.00.

$ 1,440.00

960.00

$ 2, 400.00

25.00

$ 5,400.00

$4,000.00

12,000.00

$6,000.00

• $4,500.00

$ 500.00

313,477.00

$143,882.00

---

## Page 336

VENERAL SERVICES AOMINISIRATION

PEO.PNOC. Nil. (9181311--10.101

AMEND,

VI OF SOLICHATION/ MODIFICATI,T. OF CONTRACI

3, FIQUISITION/PURCHASE REQUEST

8, PROULET NO. (11 applesile)

ONE

CICINE DAIE

-20-73

ESULD DY

CODE

Dept, of llealth, Eduçation

& Welfare

U. S. Public Hoaltli Scrvice

6, ADMINISTERED BY (If vicer shas doct s)

CODE

CONTRACTOR

NAME AND ADDRESS •

CODE:

Aberdeen Arca Indian Health Service

Citizens Building

Aberdeen, South Dakota 57401

47

FACILITY CODE

8.

AMENDMENT OF

SOLICITATION NO._

Sireel, city,

81:11Y

steste,

sel 'LIt

Oglala Sioux Tribe

Pine Ridge

South Dakota 57770

DATED.

-(See block 9)

HSM80-73-234

MODIFICATION OF

CONTRACT/ ORDER NO.

7-1-73

DATED

_ (Sce block 11)

THIS BLOCK APPLIES ONLY TO AMENOMENTS OF SOLICITATIONS

Tho abova numberod solicitation is antended as set forth in block 12. The hour and doto specified for recsipt of Offors

is extendoù,

is riot anionded.

Offorors must acknowledgo recoipt of this omendment prior lo tha hour und duto spacified in the solicitolion, or as amended, by ons of ino following mothods:

(a) By signing ond returning...

_copies of this amendment; (b) By ocknowledging receipt of this amendment on euch copy of the ofier submilled; or (s) By separato letter er talegram

which includes a referenco lo tho solicitation ond amendment numbers.

FAILURE OF YOUR ACKOWLEDGMENT TO BE RECEIVED AT THE ISSUING OFFICE PRIOR TO THE HOUR AND

DATE SPECIFIED MAY RESULT IN RESECTION OF YOUR OFFER.

lí, by virus of this omendment you desire lo change an offer already submitled, such chanço may be made by lolegram

or letter, provided such telegrom or lelter mokes reference to the solicitation and this amendment, and is received prior lo the opening hour and dalo speciliad.

". ACCOUNTING AND APPROPRIATION DATA (If required)

3561505 7530390 3-2850.08 25.99 46.09

air Services

• THIS BLOCK APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS

(a) This Chaiga Dider is issued pursuant to Article V "Consideration and Payment"' of the Special Provisions

The Chenges sol forth in block 1â ciu made to the above numbored contraci/ordor.

(0) L

Tha oboro numbered contrast /order is modified lo refloct the odininisicalive changes (such as changes in paying office, approprialion dalo, olc.) sol forth in biock 12.

(c) L_J This Supplemento! Agreemon: is entered into pursuani lo outhorily of.

li modifies the above numbered contracs as sei forth in block 12.

DESCRIPTION OF AMENDMENT/MODIFICATION

- This Modification authorized services for one additional CHR from

May 1, 1973 through June 30, 1973.

The contract amount is hereby increased by $1,478.50, from

: $143,100.00 to $144,578.60.

ГУЛ:

ABLE

initial

¿opt os provided herein, all forms and conditions of the document referenced in block 8, os horotofore shonged, semain unchanged and in full force ond effoct.

CONTRACTOR/OFFEROR IS NOT REQUIRED

CONTRACTOR/OSTEROR IS REQUIRED TO SIGN THIS DOCUMENI AND RETURN 2 COPIES TO ISSUING OFFICE

TO S'GN THIS DOCUMENT

NAME OF CUNTIACTOR/ONLIOR

17. UNITED SIATES OF AMERICA

6115 ta 121.

NAME ANO TITLE OF SIGNER (1J/es or frint)

NV 68262. 09c/d:32989685 Page 336

16. DATE SIGNLD

8.

18, NAME OF CONRACTING OFFiCE FiSpeor printy

Norlin O. Stein

Actina

C

T8. DATE SIÜNED

1-24-75

---

## Page 337

AGRE

NT FOR SPECIAL BANK ACCOUNT

This agreement, entered into this" 30th day of " June

1972, between the

Unitod States of America, hereinafter called the Government, represented by the

Contracting Officer exccuting this Agrocment, and

Oglala Sioux Tribe

a Public Body, hercinafter called the Contractor, and the 2

First National Bank

=625595757-755735

, a Banking Corporation under the laws of the

Nebraska

located at

Gordon, Nebraska

, hereinafter

State of

called the bank.

RECITALS

(a) Effective ci

80-1-72

7022-72

, the Government and the Contractor entered

into Contract No. HSMSO-73-234 provided for the making of advance payments to

the Contractor. This advance payment clause is Article VII of the contract.

Copy of such advance payment provisions will be furnished to the Bank.

(b) Said Contract or Supplemental Agreement requires that amounts advanced to

• the Contractor hereunder be deposited in a Special Bank Account or accounts at

a member bank or banks of the Federal Reserve System or any "insured" bank within

the meaning of the Act creating the Federal Deposit Insurance Corporation (Act of

August 2, 1935; 49 Stat. 684, as amended; 12 U.S.C. 264), separate from the

Contractor's general or other funds; and, the Bank being such a bank, the parties

are agreeable to so depositing said amounts with the Bank.

(a) This Special Bank Account shall be designated " tO lala Sioux Tribe

Comrunit Hoalt Repcasentatives

First National Bank

and Indian Health Service Special Bank Account".

Gordon, Nebraska

COVENANTS

In consideration of the foregoing, and for other good and valuable considerations,

it is agreed that:

(1) The Government shall have a lien upon the credit balance in said account to

secure the repayment of all advance payments made to the Contractor, which

lien shall be superior to any lien or claim of the Bank with respect to such account.

NW 68262 Docld:32989685 Page 337

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## Page 338

(2) The Bank will be bound by the provisions of said contract or contracts relating

to the deposit

and withdraval of funds in the above Special Bank Account, but shall

not be responsible for the application of funds withdrawn from said account. After

receipt by the Bank of writton directions from the Contracting Officer, or from the

Administering Office designated in the advance

payment contract mentioned above, or

from the duly authorized representative of the Contracting Officer or the Adminis-

tering Office, the Bank shall act thereon and shall be under no liability to any

party hereto for any action taken in accordance with the said written directions.

Any written directions received by the Bank through the Contracting Officer upon

Department of Health, Education and Welfare, Public Health Service, Citizens Building,

Aberdeen, South Dakota 57401, stationery

and purporting to be signed by, or by the

direction of the Contracting Officer, or his duly authorized representative, shall

insofar as the rights, duties and liabilities of the Bank are concerned, be con-

clusively deemed to have been properly issued and filed with the Bank by the Depart-

ment of Health, Education and. Welfare, Public Health Service.

(3) The Government, or its authorized representatives, shall have access to the

books and records maintained by the Bank with respect to such Special Bank Account

at all reasonable times and for all reasonable purposes, including (but without

limiting the generality thereof) the inspection or copying of such books and records

and any and all memoranda, checks, correspondence or ducuments appertaining thereto.

Such books and records shall be preserved by the Bank for a period of six (6) years

after the closing of this Special Bank Account.

(4) In the event of the service of any writ of attachment, levy of execution, or

commencement of garnishment proceedings with respect to this Special Bank Account,

the Bank will promptly notify Department of Health, Education and Welfare, Public

Health Service, Citizens Building, Aberdeen, South Dakota 57401.

-2-

NW 68262 Docld:32989685 Page 338

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## Page 339

IN• WITNESS WIEREOF the parties hereto have caused this agreement to be

executed as of the day and year first above written.

By

(Tribal Chairman) Socretary, Oglala Sioux Tribal Council

Dick wilson, Chairnan, Oglala Siow: Tribal Council

First kitional Bunk, Goidon, Nebi.

(Bank) 1

1 3.

(Officer of Bank)

Hnited States-Of-America-

. ...

United States of America

By .

(Contracting Officer)

NW 68262 Docld:32989685 Page 339

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## Page 340

ince a toe

DEPARTMENT OF

HEALTH, EDUCATI

AND WELFARE

CONTRACTNO.

HISM80-73-7

PAGE 1_0F 27

_PAGES

• NEGOTIATED CONTRACT

NEGOSA USE PUSUANT TO

TYPE OF CONTRACT

• 302 (c) (15)

Fixed Price

ISSUING OFFICE

CONTRACT FOR

DIEW, PUS, AAIIIS

Services of Community Health

Citizens Building

Representative

Aberdeen, South Dakota 57401

CONTRACTOR (Namo and Aúdros»)

Oglala Sioux Tribe

ACCOUNTING AND APPROPRIATION DATA

3561505 7530390

Pine Ridge

South Dakota

57770

3-2850.68 25.99 40.09

PLACE OF PERFORMANCE

Pine Ridge Indian Reservation

MAIL VOUCHERS TO

CONTRACT AMOUNT

$143,100.00

SPONSOR

Service Unit Director

PHS Indian Hospital

Pine Ridge, South Dakota 57770

EFFECTIVE DATE

July 1, 1972

EXPIRATION DAT

(See renewal Option)

CONTRACTOR REPRESENTS

1. That it ]is, is nor, a small business concern. If he is a small business concern and is not the manufacturer df the

supplies to be furnished hereunder, he also represents that all such supplies will, l will not, be manufactured or

produced by a small business concern in the United States, its possessions, or Puerto Rico. (A small business concern

for the purpose of Government procurement is a concern, including its affiliates, which is independently owned and opera.

ared, is not dominant in the field of operation in which it is contracting and can further qualify under the criteria con-

cerning number of employces, average annual receipts, or other criteria, as prescribed bythe Small Business Administra-

cion.) (See Code of Federal Regulations, Title 13, Part 121, as amended, which contains detailed definitions and ce-

lated procedures.)

2. That it is a l] REGULAR DEALER IN, [ MANUFACTURER OF, she supplies covered by this contract

3. That it is an E INDIVIDUAL, STATE OR LOCAL AGENCY, ] PARTNERSHIP, [J JOINT VENTURE, O NON-

PROFIT, EDUCATIONAL INSTITUTION, I CORPORATION organized and existing under the laws of the state of

The Contractos agrees to furnish and deliver all supplies and perform all the services set forth in the altached Special

Provisions, for the consideration stated herein. The rights and obligations of the parties to this contact shall be subject to

and governed by the Special Provisions and the General Provisions. To the extent of any inconsistency berween the Special

Provisions or she General Provisions and any specifications or other provisions which are made a part of this contact, by

reference of otherwise, the Special Provisions and the General Provisions shall control.

To the extent of any inconsistency

berween the Special Provisions and the General Provisions, the Special Provisions shall control.

IN WITNESS WHEREOF, the parties hereto have executed this contract on the day and year last specified below.

OGLALA SIOUX TRIBE

UNITED STATES OF AMERICA

BY

NAME OF CONTRACTOR

Dick, lebano

IGNATURE OF AUTHORIZED INDIVIDUA

BY

• I.B.

SIGNATURE OF CONTRACTING OFFICER

Dick Wilson

TYPED NAME

• V. B. Anderson

TYPED NAME

TITLE

President of the Oglala Siour

June 21, 1972

DATE

June I6, 1972

DATE

HEN 558178701

NW 68262 Docld:32989685 Page 340

HEW-lex

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## Page 341

Contraet No.

HSM80-73-234

CONTENTS OF CONTRACT

Page 2 of 27 Pages

THIS CONTRACT CONSISTS OF:

1. COVER PAGE HIEW-554

2. CONTENTS OF CONTRACT HIEN-555

3. SPECIAL PROVISIONS HEN-556

ARTICLE I

ARTICLE II

ARTICLE III

ARTICLE IV

ARTICLE V

ARTICLE VI

-ARTICLE VII

ARTICLE VIII

ARTICLE IX

ARTICLE X

ARTICLE XI

DESCRIPTION AND SCOPE OF WORK

PERIOD OF PERFORMANCE

REVIEN AND APPROVAL

CONTRACTING OFFICER'S REPRESENTATIVE

CONSIDERATION AND PAYMENT

PRICE CERTIFICATION

ADVANCE PAYMENT

• SUBMISSION OF INVOICES AND PLACE OF PAYMENT

NONDISCRIMINATION IN SERVICES, BENEFITS, AND FACILITIE

OPTION FOR RENEWAL OF CONTRACT

RESPONSIBILITY FOR DAMAGE

4. GENERAL PROVISIONS, HEW FORN

_(Rev. 8/64 ) NEGOTIATED Fixed-Price

Contract with Non-Profit Organization; and Alterations to Contract

General Provisions, HSil-401(3/70).

5. Annex A, "Advance Payment" clause.

Annex B, "Objectives und Dutics of Original Proposal."

_NWL68262-Docld 32989685 Page 341

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## Page 342

Page 3

ARTICLE I. -

DESCRIPTION AND SCOPE OF WORK

A.

The Contractor shall furnish the necessary personnel, materials, services,

facilities (cicept as otherwise spocified herein) and othervise do all things

necessary for or incident to the performance of the work set forth below:

1.

The Contractor shall establish and maintain a Community Health Program

for the improvement of health care and health services to Indian •

residents of the

Pine Ridge Indian

Reservation. The

objectives and

achievements to be accomplished hereunder are:

• (a) Provide better utilization of health services by coordination

and communication between the individual community members and

the health resourses;

(b) Provide health information and instruction to individuals and

families to assist in the climination of health problems;

(c) Provide an effective transportation system to health resources.

2. The Contractor shall designate a Community Health Representative to

assist the community to improve and maintain its health status.

Specifically, the Comnunity Health Representative shall:

(a) Attend community meetings to explain and interpret HSHA health

prograns, policies, and procedures to the community members;

(b) Visit PHS hospitals, health centers and clinics, and attend

Service Unit staff meetings on a regular basis;

(c) Maintain continuous contacts with' Service Unit Director and

keep him inforned of the over-all impact and effectiveness of

health programs;

(d) Relate the expressed health needs of members of the community and

communicate deficiencics in the delivery of health services to

• the Service Unit Director;

(e)

Distribute pamphlet information and teach people concerning the

health hazards of alcoholism, cigarette smoking, improper eating

habits, poor hygiene, etc;

(f) Conduct courses in safety in the home, use of machinery, auto-

•motive vehicles, drug storage, etc;

(g)

Schedule physicians, nurses and health educators to make health

education presentations at group meetings;

(h)

Instruct the community' in proper sanitation and maintenance of

the community buildings, facilities, and grounds.

MW_68262.Docld:32989685 Page 342

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## Page 343

Pago 4

(i) Organize communities and arrange for physicians and nurses to

conduct immunization clinics;

(j) Make home visits and refer to appropriate health workers, people

found to be suffering from illness;

(k) Transport people who do not have cars or other readily available

transportation to clinics and hospitals; and

(1) Arrange for the police to transport accident or emergency patients.

3. Contractor's objectives and duties of the CHR's not included in Items 1

and 2 are attached hereto as Annex B; and made a part of this contract.

4. The Contractor shall prepare and submit to the Contracting Officer's

Representative monthly progress reports covering the work accomplished

during the period reported.

The reports shall be in

a narrative form and

shall contain a brief description of overall progress including a record

of daily activities of the Conmunity Health Representative, including such

items as nunber of visits made, environmental condition corrected,

individuals transported, educational conferences held and number of attendees

etc.

.B. The Government will provide training to the designated Community Health

Representative at the request of the Contractor, subject to the availability

of funds appropriated therefore.

Training may be conducted at the Indian

Health Service Training Center,

Tucson, Arizona, or other appropriate

location as mutually agreed to.

ARTICLE II - PERIOD OF PERFORMANCE

Performance of this contract shall begin on 7-1-72

and shall not extend

beyond the completion date of 6-30-73 unless the period is changed by amendment

of the contract.

ARTICLE III - REVIENN AY

PROVAL

Review and approval of

work required by this contract shall be performed by

the Contracting Officer vi his duly authorized representative.

ARTICLE IV - CONTRACTING OFFICER'S REPRESENTATIVE

Service Unit

Pine Ridge

Unit is desionated the contracting Officor's Representativa for this contrary ce

The Contracting Officer's Representative is responsible for the administration of

the technical aspects of the contract.

The Contracting Officer's Representative

is not authorized to make any changes which affect the contract terms, conditions,

or prices. The Contracting Officer is the only party authorized to amend

or modify this contract.

_ NW 68262 Docld:32989685 Page 343

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## Page 344

Page 5

ARTICLE V - CONSIDERATION AND PAYMENT

A. The total amount of this contract is $ 143, 100.00 which shall be paid to

the Contractor in installments of $

11,925.00 pez month, each install-

ment representing the agroed upon fixed price for satisfactory performance

of work during the gespective month.

In the event that work

is not performed or completed within the period of

this contract, the total amount of the contract shall be equitably reduced

to reflect the diminution of the work performed.

ARTICLE VI - PRICE CERTIFICATION

The obligations of the Contractor under Executive Order 11640, January 26, 1972,

are as follows:

Prior to the payment of invoices under this contract, the Contractor shall'

place on, or attach to, each invoice submitted the following information:

"I hereby certify that amounts invoiced herein do not exceed the lower of

(i) the contract price, or (ii) maximum levels established in accordance

with Executive Order 11640, January 26, 1972."

• ARTICLE VII - ADVANCE PAYMENT

Advance paymenes ail he made in a cordane in the a vast os of sevance

ARTICLE VIII..- SUBNISSION OF INVOICES AND PLACE OF PAYMENT

Once each nonth following the effective date of this contract, the Contractor

may submit to the Government an invoice (original and two copies) for the work

performed by the Contractor during that month, and setting forth the fixed

price(s) in accordance with ARTICLE V. The invoice, together with three copies

of the Monthly Progress Report required under ARTICLE I, shall be submitted to

the Contracting Officer's Representative for certification of contract per-

formance. The invoice will then be directed to the Contracting Officer to

determine contract compliance prior to forvarding to the Paying Office shown

on the face page of this contract for payment.

ARTICLE IX - NONDISCRIMINATION IN SERVICES, BENEFITS, AND FACILITIES*

The Contractor agrees to make no distinctions among patients under this contract

on the basis of race, color, creed, or national origin. For the purpose of

this contract, distinctions

on the grounds of race, color, creed, or national

origin include but are not limited to the following: denying a patient any

service or benclit or availability of a facility; providing any service or

benelit to a patient which is difierent, or is provided in a different manner

or at a differcht time from that provided to other patients under this contract;

NW 68262 Docld:32989685 Page 344

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## Page 345

Page 6

subjecting a patient to segregation or soparate treatment in any matter related

to his roceipt of any service; restricing a patient in

any way in the enjoyment

of any advantage or priviloge enjoyed by othors receiving any service or benefit;

treating a patient differently from others in determining whether he satisfies

any admission, enrollient quota, eligibility, membership, or other requirement

or condition which individuals must mect in order to be provided any service

or benefit; the assignment of times or places for the provision of services

on the basis of the race, color, creed, or national origin of the patients

to be serviced.

ARTICLE X - OPTION FOR RENEWAL OF CONTRACT

This contract is renewable, at the option of the Government, by the Contracting

Officer giving written notice of renewal to the Contractor within thirty (30)

days before this contract is to expire. If the Government exercises this option

for renewal, the Contractor shall continue to perform the services called for by

this contract, and the rates set forth in ARTICLE V shall apply unless the

parties otherwise agree. In addition, the contract as renewed shall be deemed

to include this option provision, provided, however, that the total duration of

this contract including the exercise of any options under this clause, shall

not exceed three (3) years.

•

ARTICLE XI - RESPONSIBILITY FOR DAMAGE

The Contractor shall save harmless the Government and all its representatives

from all suits, actions, and claims of any character brought on account of any

injuries or damages sustained by any person or property in consequence of any

neglect in safeguarding the work under this Agreement or from any claim or

amounts arising or recovered under the Workmen's Compensation laws or any other

law, ordinances, orders or decrees. The Contractor shall be responsible for all

damage or injury to property of any character during the prosecution of the work

under this Agreement.

NW 68262 Docld:32989685 Page 345

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## Page 346

1. DEFINITIONS

As used throughout this contract,

the follow-

ing terms shall have the meanings set forth below:

(a)

The term "Secretary" means the Secre-

tary, the Under Secretary, or

any

Assistant Secretary of the Department

of Health, Education, and

Welfare;

and

the term

"his duly authorized represent-

ative' means any person

or persons

or

board (other than the Contracting Officer)

authorized to act for the Secretary.

(b) The term "Contracting Qificer" means

the person executing this contract on be-

half of the Government,

and any other

officer

employee

properly

designated Contracting Officer;

term includes, except as otherwise pro-

vided

in this

contract,

the

authorized

represcntative of the Contracting Officer

acting within the limits of his authority.

(c)

The term "Department" means the

Department of Health, Education, and

Welfare.

(d)

The term "constituent agency" meang

the agency of the Department responsible

for the administration of this contract.

(e) Except as otherwise provided in this

contract, the term "subcontract" includes

purchase orders under this contract.

2. DISPUTES

(a) Except as otherwise provided in this con-

tract, any dienute annearning a section

of fact arising under this contract which

is not dieposed of by agreement shall be

decided by the Contracting Officer, who

shall reduce his decision to writing and

mail or otherwise furnish a copy thereof

The decision of the

Contracting Officer shall be final and

sill 10

conclusive unless, within 30 days from

aids a the date" of receipt "of

such copy, the

ID .bot..

Contractor

mails or otherwise furnishes

Contracting the Secretary.

Officer a written

-130095

Secretary, 05

-92ã authorized

Lict amination

"of such appeais "shall be final

"conclusive" unless detcrmitled by a

anedar court of "competent jurisdiction to have

as boso been traudulent, orceapricious or ar-

To 1021 bitrary; or too. gross ly erroneous

a8

-24I secessarilytarimply, bad-faith. or not

Instyiupparted: by, substantial evidence.

bobiscoonection with: any, appeabaprocceding

under this clause,

Contractor shall

be afforded an opportunity to

be heard

-1101a

as sal dappeal. r

and to, offer evidence in support of its

Pending final

decision

dopute pergungsts une Contractor shall

HEW -313

(Rev. 8/64)

GENERAL PROVISIONS

(Negotiated Fixed-Price Contract

with Non-Profit Organization)

proceed diligently with the performance

of the contract and in accordance with the

Contracting Officer's decision.

(b) This "DISPUTES" clause does not pre-

clude consideration of law questions in

,connection with decisions provided for in

paragraph (a) abovc:

Provided,

That

nothing in this contract shall be construed

as making final the decision of any ad-

ministrative official,

representative, of

board on a question of law.

3. CONTRACT WORK HOURS STANDARDS ACT-

OVERTIME COMPENSATION

• At 400. b. C. 5350 eat ea

the following provisions and exceptions of such Act

and the

regulations of the Secretary of Labor

(a) Overtime requirements.

No Contractor

subcontractor contracting for any part

of the contract work which may require

or involve the employment of laborers or

mechanics shall require or permit any

laborer or mechanic

in any workweek in

he ia employed on such work to

work in excess of eight hours in any cal-

endar day or in excess of forty hours in

workweek on work subject to

provisions of the Contract Work Hours

Standards Act unless

mechanic receives compensation at a

rate not leas than one and one-balf times

his basic rate of pay for all such hours

right harita

calendar day on in ancess si lunty louri

in such workweek, whichever

greater number of overtime hours.

Violation; liability for unpaid wages;

liquidated damages.

In the cvent of any

violation of the provisions of paragraph

(a), the Contractor and any subcontractor

responsible therefor shall be liable to any

affected employee for hin unpaid wages.

-Gir» " 'In' addition, such Contractor and subcon-

tractor shall' be liable to the United Statca!'

for liquidated damages:

Such liquidated

ont woodamages shair be computed vith respect

to each individual laborer or mechanic

employed in violation of the provisions of

sionior paragraph (a) in the sunridi $10ifotreach

to) Inscalandar day oniwhich such employee was

required or permitted. to. be employed on

-asInoBuch workle, exceas.of .eight. hours or in

BIans excess-01 this: standard wop weck of forty

iss! ba hours, without paymenti of the overtime

colgsgwagge.gequired.by.parasraph.lats

Contracling Officer

,of bay may withhdis trom the Gövetiment Prime

barContractorsom any mondys payable on

119581371/7391

199120171

rollonsi

NW 68262 Docld:32989685 Page 346

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## Page 347

account of work performed by the Con-

tractor or subcontractor,

such sums as

may administratively be determined to be

necessary to satisfy any liabilities of

such Contractor or gubcontractor for un-

paid wages

and liquidated damages

as

provided in the provisions of paragraph

(d)

Subcontracts.

The Contractor shall in-

sert paragraphs (a) through (d) of this

clause in all subcontracts,

and shall re-

quire their inclusion in all subcontracts

of any tier.

(e)

Records.

The Contractor shall maintain

payroll records containing the informa-

tion specified in 29 CFR 516. 2(a).

Such

• records

shall be preserved

three

years from the completion of the contract.

4. WALSH-HEALEY PUBLIC CONTRACTS ACT

If this contract is for the manufacture or fur-

nishing of materials, supplies,

articles, or equip-

ment in an amount which exceeds or may exceed

$10,000 and is otherwise subject to the Walsh~

Healey Public Contracts Act, as amended (41 U.S.

35-45), there

are hereby incorporated by

reference all representations

required by said Act and regulations issued there-

under by the Secretary of Labor, such representa-

tions and stipulations being subject to all applica-

ble rulings and interpretations of the Secretary of

which are now or may hereafter be in

5. CONVICT LABOR

In connection with the performance of work

under this contract, the Contractor agrees not to

employ any person undergoing sentence of im-

prisonment at hard labor.

6. EQUAL OPPORTUNITY

(The following clause is applicable unless this

contract is exempt under the rules and regulations

of the President's Committee on Equal Employ-

ment Opportunity (41 CFR, ch. 60).

Exemptions

'include contracts and subcontracts (i) not exceed-

ing $10,000, (ii) not exceeding $100,000 for stand-

ard

commercial supplies or raw materials, and

(iii) under which work is performed outside

the

United States and no recruitment of workers with-

in the United States is involved.)

During the performance of this contract, the

Contractor agrees as follows:

- (a) The Contractor will not discriminate

against any employee

or applicant for

employment because

of race,

creed,

color, or national origin.

The Contrac-

tor will take affirmative action to ensure

that applicants are employed, and

that

employees are treated during employ-

ment,

without regard to their race,

creed, color,

or national origin.

Such

action shall include, but not be limited to,

the

following:

Employment,

upgrading,

demotion, or

transier; recruitment or

HEW -313-2

NW 68262-Docld:32989685 Page 347

• ' (b)

recruitment

advertising; layoff or ter-

mination; rates of pay

or other forms

of

compensation; and selection for training,

including apprenticeship. The Contractor

agrees to post in conspicuous places,

available to employees and applicants for

employment, notices to be provided by

the Contracting Officer setting

forth the

provisions of this

nondiscrimination

clause.

The Contractor will,

in all solicitations

or advertisements for

employees placed

by or on behalf of the Contractor,

state

that all qualified applicants will receive

consideration for employment without re-

gard to race, creed, color, or national

origin.

The Contractor will send

union or representative of workers

which he has a collective bargaining

agreement or other contract or under

standing, a notice, to be provided by the

Contracting Officer, advising the

said labor union or workers' representa-

tive of the Contractor's commitments

under this nondiscrimination clause, and

shall post copies of the notice in conspic-

uous places

available to employees and

applicants for employment.

(d)

The Contractor will comply with all pro-

visions

of Executive Order No. 10925 of

March 6, 1961, as amended, and of the

rules,

regulations, and relevant orders

of the President's Committee on Equal

Employment Opportunity created thereby.

(e)

The Contractor will furnish all informa-

amended, and by the rules,

regulations,

and orders

O1

the said committee,

Or

pursuant thereto,

and will permit access

to his books,

records,

and

accounts by

the contracting agency and the Committee

for purposes of investigation to ascertain

• compliance with such rules, regulations,

and orders.

(f) In the event of the Contractor's non-

nondiscrimination

clause of this contract or with any of the

rules, regulations, or orders, this

contract may be canceled, terminated, or

in whole or in part and the

Contractor may be declared ineligible for

further Government. contracts in accord-

ance with procedures authorized in Exec-

utive Order No. 10925 of March 6, 1961,

a8 amended,

and such other

may be imposed and remedies invoked as

provided in the said Executive Order or

by rule, regulation, or order of the Pres-

ident's Committee on Equal Employment

Opportunity, or as otherwise provided by

(g) The Contractor will include the provi-

sions of paragraphs (a) through (g) in

every subcontract or purchase order

---

## Page 348

unless exempted by rules, regulations, or

orders of the President's Committee on

Equal Employment Opportunity issued

pursuant to section 303 of Executive Or-

der No. 10925 o1 March 6, 1901, as

amended, so that such provisions will be

binding upon each subcontractor or vec-

The Contractor will take such ac-

tion with respect to any subcontract of

purchase order as the contracting agency

may direct as a means of enforcing such

provisions, including sanctions for

compliance: Provided, however, That in

the event the Contractor becomes in-

volved in, or is threatened with, litigation

with a subcontractor or vendor as a re-

sult of such direction by the contracting

agency, the Contractor may request the

States to enter into such litigation

protect the interests of the United

7. NOTICE TO THE GOVERNMENT OF DELAYS

Whenever the Contractor has knowledge that

any actual or potential situation

is delaying or

threatens to delay the timely performance of this

contract, the Contractor shall within ten days give

notice thereof, including all relevant information

with respect thereto, to the Contracting Officer.

8. ASSIGNMENT OF CLAIMS

(a) Pursuant to the provisions of the Assign-

ment of Claims Act of 1940, as amended

(31 U.S.C. 203, 41 U.S.C. 15), if this

contract provides for payments aggregat-

ing $1,000 or more, claims for moneys

due or to become due the Contractor from

the Government under this contract may

be assigned to a bank, trust company, or

other financing institution, including any

Federal lending agency, and may there-

after be further assigned and reassigned

to any such institution.

Any such assign-

ment or reassignment shall cover all

amounts payable under this contract and

not already paid, and shall not be made

to more than one party, except that any

such assignment or reassignment may be

made to one party as agent or trustee for

two or more parties participating in such

financing. Unless otherwise provided in

this contract, payments to assignee ofany

moneys due or to become due under this

contract shall not, to the extent provided

in said Act, as amended, be subject to

reduction or setoff. (The preceding «en-

tence applies only if this contract is made

in time of war or national emergency as

defined in said Act and is with the De-

18109.60011

partment of Defense, the General Ser-

vices Administration, the Atomic Energy

?.".

Unless otherwise provided, the "Equal Opportunity"

clause is not required to beinserted in subcontracts below

the second tier except for subcontracts involving the per-

formance of "construction work" at the "site of construc-

tion" (as those terms aredefined in the Committee's rules

and regulations) in whichcase the clause must be inserted

in all such subcontracts. Subcontracts may incorporäte

by reference the "Equal Opportunity" clause.

AW 68262 Docld:32989685 Page 348

Commission,

the National

Aeronautics

and Space Administration,

the

Federal

Aviation Agency, or any other department

or, agency of the United States designated

by the President pursuant to Clause 4 of

the proviso of section l of the Assignment

of Claims Act of 1940,

as amended by the

Act of May 15, 1951, 65 Stat. 41.)

In no event shall copies of this contract of

plans, specifications, or

similar documents relating to work under

this contract, if marked "Top

"Secret, " or "Confidential, " be furnished

to any assignee of any claim arising under

this contract of to any other person not

entitled to receive the same. However, a

copy of any part or all of this contract so

marked may be furnished, or any infor-

mation contained therein may

closed, to such assignee upon the prior

authorization of the Contracting

9. OFFICIALS NOT TO BENEFIT

No member of or delegate to Congress, or

resident commissioner, shall be admitted to any

share or part of this contract, or to any benefit

that may arise therefrom; but this provision shall

not be construed to extend to this contract if made

with a corporation for its general benefit.

10. COVENANT AGAINST CONTINGENT FEES

The Contractor warrants that no person or

selling agency has been employed or retained to

solicit or secure this contract upon an agreement

or understanding for a commission, percentage,

brokerage, or contingent fee, excepting bona fide

employees or bona fide established commercial or

selling agencies maintained by the Contractor for

the purpose of securing business.

For breach or

vinlatinn of this warrantu the Government shall

haic the right to araul this contract without liahil-

ity or in its discretion to deduct from the contract

price or consideration, or otherwise recover, the

full amount of such commission, percentage, bro-

kerage, or contingent fee.

11. BUY AMERICAN ACT

(a) Inacquiring end products, the Buy Ameri-

can Act (4ì U.S. Code 10 a-d) provides

that the Government give preference to

domestic source end products. For the

purpose of this clause:

(i) "components" means those articles,

materials, and supplies, which are

.": i: directly incorporated in the end

i:...:: products;.

(ai). "end products" means those articles,

materials, and supplies, which are to

..be acquired under this contract for

public use; and

..(iii) a "domestic source end product"

means (A)

an unmanufactured end

product which has been mincd or pro-

„duced in the United States and (B) an

end product manufactured in the

HEW -313-3

---

## Page 349

(b)

• United States if

cost of the com-

ponents thereof which are mined, pro-

duced,

or manufaclured in the United

States exceeds, 50 percent of the cost

•of all its components.

For the pur-

poses of this (a) (iii) (B), components

of foreign origin of the same type or

kind as the products referred to in (b)

(ii) or (iii) of this

clause

shall be

treated as components mined, pro-

duced, or manufactured in the United

States.

The Contractor agrees that there will be

delivered under this contract only domestic

source end products, except end products:

which are for use outside the United

States;

(11) which the Government determines are

not mined, produced, or manufactured

in the

United States in sufficient and

reasonably available

commercial

quantities and of a satisfactory quality;

(iii) as to which the Secretary determines

the domestic preference to be incon-

sistent with the public interest; or

(iv) as to which the Secretary determines

the

cost to the Government to be

unreasonable.

(The foregoing requirements are administered

in accordance with

Executive Order No. 10582,

dated December 17, 1954)

12. RIGHTS IN DATA

' (a)' The term "Subject Data" as

used herein

in wd includes writings, sound recordings, pic-

torial reproduction,

drawings or

other

i::

graphical represertatives, and works of

any similar nature (whether or got copy-

sighied) which

specified to be

de-

livered underthis contract. Theterm does

not include financial reports,

cost analy-

seS

and

similar information incidental to

contract administration.

(b)

Subject to the proviso of (c) below, the

Government may duplicate, use, and dis-

close in any manner and for any purpose

whatsoever, and have

others

so do, all

Subject Data delivered under this contract.

(c) The Contractor agrees to and does hereby

grant to the Government, and to its offi-

cers, agents, and employees acting with-

in the scope of their official duties, a

royalty-free, non-exclusive and irrevo-

cable license throughout the world, to pub-

lish, translate, reproduce, deliver, per-

form, dispose of, and to authorize others

• so to do, all Subject Data now or hereafter

covered by copyright: Provided, That with

respectto such Subject Data not originated

the performance of this contract bui

which is incorporated in the work fur-

nished under this contract such license

only to the extent that the Con-

'tractor, its employecs, or any individual

HEW-313-4

NW 68262 Docld:32989685 Page 349

or conce

employed or assigned by the

Contractor to originate and prepare such

Data under this contract, now has, or pr10i

to completion or final settlement of thi

contract may acquire, the right to grant

such license without becoming liable to pay

compensation to others solely because of

such grant.

The Contractor shall exert all reasonable

effortto advise the Contracting Officer, at

the time of delivery of the Subject Data

under this contract, of all in-

vasions of the right of privacy contained

therein and of all portions of such Data

copied from work not composed or pro-

duced in the performance of this contract

and not licensed under this clause.

(e)

The Contractor shall report to the Con-

tracting Officer, promptly and in reason-

able written detail, each notice or claim

of copyright infringement received by the

respect to all Subject

Data delivered under this contract.

(5)

Nothing contained in this clause shall im-

ply a license to the Government under any

datent or be

construed as affecting the

scope of any license or other right other-

wise granted to the Government under any

patent.

(8)

The Contractor

shall not affix

any re-

strictive markings upon any Subject Data,

and if such

markings are affixed,

the

Government shall have the right at any time

to modify,

remore, obliterate

or ignore

• • any such markings.

(h) The Contractor further agrees that he will

not publish, have published, or otherwise

disseminate any

niormation of whatever

nature resulting from the work being per-

•famed under thin contract excent de ma

be appiúreù by ine Projeci Officei desig-

• nated in this contract.

13. REPORTING OF ROYALTIES

(a) The Contractor shall report in writing to

• the Contracting Officer as soon as practi-

execution of this contract

whether or not any royalties in excess of

$250 have been paid or are to be paid by

the Contractor directly to any person or

firm in connection with the performance

of this contract. If royalties in excess of

$250 have been paid or are to be paid to

any person or firm, the report shall in-

clude the following items of information

with respect to such royalties (including

the initial $250):

(i) The name and address of each licensor

to whom total royalties in excess of

• $250 have been paid or are to be paid.

(ai) The patent numbers, patent applica-

tion serial numbers (with filing dates)

or other identification for the basis

of such royalties.

---

## Page 350

(ili) The manner of

mputing the royal-

ties consisting of (n) a brief identi-

fication of each royalty-bearing unit

or proçess, (b) the

total amount of

royalties, and (c) the percentage rate

or dollars and cents amount of royal-

ties on each suchunit or process; pro-

vided that if royalties cannot be com-

juted in terms of units or dollars and

cents value, then other data showing

the manner in which thelicensor com-

putes the royalties.

14. AUTHORIZATION AND CONSENT

The Government hereby gives its authorization

and consent for all use and manufacture of any in-

vention described in and covered by a patent of the

United States in the performance of this contract or

any part hereof or any amendment hcreto or any

subcontract hereunder (including any lower-ticr

subcontract).

15. NOTICEAND ASSISTANCEREGARDING PAT -

ENT AND COPYRIGHT INFRINGEMENT

The provisions of this clause shall be appli..

cable only if the amount of this contract exceeds

$10, 000.

(a) The Contractor shall report to the Con-

tracting Officer,

reasonable written detail, each notice or

claim of patent or copyright infringement

based on the performance of this contract

of which the Contractor has knowledge.

In the event of any claim or suit against the

Government on account of any alleged

patent or copyright infringement arising

out of the performance of this contract or

out of the use of any supplies furnished or

work or services performed hereunder,

the Contractor shall furnish to the Govern-

ment, when requesteu uy lie wundaring

all cvidence and intormation in

possession of the Contractor pertaining to

such suit or claim. Such evidence and in-

formation shall be furnishedat the expense

of the Government except where the Con-

tractor has agreed to indemnify the

16. UTILIZATION OF SMALL BUSINESS

CONCERNS

(a) It is the policy of the Government as de-

clared by the Congress that a fair propor-

of the purchases and contracts for

supplies and services for the Government

be placed with small business concerns.

(b) The Contractor agrees to accomplish the

maximum amount of subcontracting to

small business concerns that the Con-

tractor finds to be consistent with the

efficient performance of this contract.

17. UTILIZATION OF CONCERNS IN LABOR

SURPLUS AREAS

The following clause is applicable if this con-

tract exceeds $5, 000. It is the policy of the Govern-

NW 68262 Docld:32989685 Page 350

ment to place

icts with concerns which wili

perforin such

contracts substantially in areas of

persistent or substantial labor surplus, where this

can be done consistent with the efficient performance

of the contract and at prices no higher than arc ob

The Contractor agrees to usa

his best efforts to placchis subcontracts in accuru-

ance with this policy. In complying with the fc!-

and with paragraph (b) of the clause of this

contract entitled "Utilization of Small

Concerns, " the Contractor

in placing his

shall observe the

preference: (a) persistent labor surplus arca con-

cerns which are also small business concerns; ib)

other persistent labor

surplus arca concerns; (c)

substantial labor surplus area concerns which are

also small business concerns; (d) other substantial

labor surplus area concerns; and (e) small business

concerns which are notlabor surplus area concerns.

18. EXAMINATION OF RECORDS BY THE

COMPTROLLER GENERAL

(a) The Contractor agrees that the Comptrol-

ler General of the United States or any of

his duly authorized representatives shall,

until the expiration of three years after

final payment under this contract, have

access to and the right to examine any

directly pertinent books, documents, pa-

pers, and

records of the Contractor in-.

volving transactions related to this

contract.

(b)

The Contractor further agrees to include

in all his subcontracts hereunder a pro-

vision to the effect that the subcontractor

agrees that the Comptrolle: General of the

UnitedStates or any of his duly authorized

representatives shall, until the expiration

of three years after final payment under

the subcontract, have access to and the

right to examine any directly pertinent

books,

documents, papers, and records

al rural asherntranton, invalaina trana-

astians actated to tha

nishanntuant

term

"subcontract" as used in this clause

excludes (i) purchase orders not exceed-

ing $2,500 and (i1) subcontracts or pur-

chase orders for public ntility services

at rates established for uniform applica-

bility to the general public.

19. INSPECTION

The Government, through any authorized rep-

resentatives, has the right, at all reaeonable times,

to iaspect,

or otherwise evaluate the work per-

formed or being performed hereunder and the

premises in which it is being performed. Li any

inspection, or evaluation is made by the Govern-

ment on the premises of the Contractor or a sub-

contractor, the Contractor shall provide and shall

require his subcontractore to provide all rcason-.

able facilities andassistanceior the safcty and con-

venience of the Government Icpresentatives in the

performance of their duties. All inspections and

evaluations shall be performed in such a manner

as will not unduly delay the work.

20. PATENT RIGHTS

(a)

Whenever any invention, improvement, or

discovery (whether or

not patentablo) is

HCW-313-5

---

## Page 351

made or conceived or for the first time

actually or constructively reduced

practice,, by the, Contractor or its em-

in the cou se of,

in connection

with, or under the terms of this contract,

the Contractor shall immediately give the

Contracting Officer written notice thereof,

and shall promptly thereafter furnish the

Contracting Officer with complete infor-

mation thereon; and the head of the con-

stituent agency shall have the sole and

clusive power to determine whether or not

and where a patent application

filed, and to determine the disposition of

all rights in such invention, improvement,

or discovery, including title to and rights

patent application or patent

that may issue thereon.

The determina-

tion of the head

of the constituent agency

on all these matters shall be accepted as

final and the provisions of the Clause of

this contract

"DISPUTES" shall

not apply; and the Contractor agrees that

and warrants that all of its em-

ployees who may be the

inventors will,

execute all documents and do all things

necessary or proper to the effectuation of

such determination.

(b) Except as otherwise authorized in writing

by the Contracting Officer, the Contractor

shall obtain patent agreements to effectu-

ate the provisions of this Clause from all

persons who perform any part of the work

under this Contract, except such

and. manual labor personnel as will have

no access to technical data.

(c)

Except as otherwise authorized in writing

by the Contracting Officer, the Contractor

will 'insert in each subcontract,

experimental, developmental, or research

work as one of its purposes, provisions

making this clause applicable to the sub-

contractor and its employees.

21. CHANGES

The Contracting Officer may at any time, by

a written order, and without notice to the sureties,

if any, make changes, within the general scope of

this contract, in any one of more of the following

(i) drawings,

or specifications, (ii) me-

thod of shipment or packing,

(iii) place of inspec-

tion, delivery, or acceptance, and (iv) the amount

of Government-furnished property.

If any such

change causes an increase or decrease in the cost

of, or the time required for performance of, this

or otherwise atfects any other provi-

sions of this contract,

whether changed or not

changed by any such order, an equitable adjust-

ment shall be made (i) in the contract price or

time of performance, or both, and (ii) in

provisions of the contract as may be so affected,

and the contract shall-be modified in writing ac-

Any claim by the Contractor for ad-

justment under this clause must be,asserted within

thirty (30) days from the date of receipt by the

howevacto that thee intracon change; provided,

however, that the Contracting Officer,

cides that the facts justify such action, may, re-

act upon any such claim asserted at any

time prior to final payment under this contract.

NW 68262 Docld:32989685 Page 351

Where the cost of property made obsolete or ex-

cess as a result of a change is included in the

Contractor's claim for adjustment, the Contract-

ing Officer shall have the right to prescribe the

manner of disposition of such property.

Failure

to agree to any adjustment shall be a dispute con-

cerning a question of fact within the meaning of the

clause of this contract entitled "Disputes".

HOw-

ever, nothing in this clause shall excuse the Con-

tractor from proceeding

with the contract

changed.

22. FEDERAL, STATE, AND LOCAL TAXES

(a) Except as may be otherwise provided in

this contract, the contract price includes

all applicable Federal, State, and

local

taxes and duties.

(b)

Nevertheless,

with respect to any Fed-

eral excisetax or duty on the transactions

or property covered by this contract, if a

statute,

court decision, written ruling,

regulation takes effect after the contract

date, and--

(1)

Results in the Contractor being re-

quired to pay or bear the burden of

any such Federal excise tax or duty

• or increase in the rate thereof which

would not otherwise have been pay-

able on such transactions or proper-

ty, the contract price shall be in-

creased by the amount of such tax or

duty

or rate

increase:

Provided,

That the Contractor if requested by

the contracting officer, warrants in

writing that no amount for such new-

ly imposed Federal

excise tax

duty or rate increase was included in

the contract price as a

contingency

Jeserve DI otherwise; or

(2) Results in the Contractor not being

required to pay or bear the burden

of,

or in his obtaining a refund or

..drawback of, any such Federal ex-

cise tax or duty which would other-

wise have been payable on

transactions or property or which

was the basis of an increase in the

contract price,

the contract price

shall be decreased by the amount of

the relief, refund, or drawback, or

that amount shall be paid to Govern-

ment, as directed by the Contracting

Officer.

The contract price shall be

similarly decreased if the Contrac-

tor, through his fault or negligence

or his failure to follow instructions

of the Contracting Officer, is re=

quired to pay or bear the burden of,

or does not obtain, a refund or draw-

back of, any such Federal excise tax

or duty.

(c) No adjustment pursuant to paragraph (b)

above will be made under this contract

unless the aggregate amount thereof is or

may reasonable be expected to be over

$100.

---

## Page 352

4d)

As used in paragrap

) above, the term

"contract date"

means

the date set for

the bid opening, or if this is a negotiated

n conträct, the date of this contract.

As to

additional pupplies or services procured

by modification to this contract, the term

"contract date" means the date of such

modification.

(e) Unless there

does not exist any reason-

able basis to sustain an exemption,

the

Government, upon request of the Son-

tractor, without further liability, agrees,

except as otherwise provided in this con-

tract, to furnish evidence appropriate to

establish exemption from any tax which

the Contractor warrants

in writing was

excluded from the contract price.

the Contracting Officer may fur-

nish evidence to establish exemption from

any tax that may, pursuant to this clause,

either an increase or

crease in the contract price.

otherwise provided in this contract, evi-

dence appropriate to establish exemption

from duties will be furnished only at the

direction of the Contracting Officer.

The Contractor shall promptly notify the

Contracting Officer of matters which will

result in either an increase or decrease

in the contract price,

and shall take ac-

tion with respect thereto as directed by

the Contracting Officer.

23. SUBCONTRACTING

The Contractor shall not enter into subcon-

tracts for any of the work contemplated under this

contract without obtaining the prior written ap-

proval of the Contracting Officer and subject to

such conditions and provisions as be may decm

necessary, in his discretion, to protect the inter-

asts of thie Govuironi ribrided, however, ladi

notwithstanding the toregoing,

provided herein,

such prior written approval shall

not be required for the purchase by the Contractor

which are both necessary for and merely inciden-

tal to the performance of the work required under

this contract; provided, further, however,

aforesaid right of Contractor to engage such serv-

ices shall in no event be construed to permit the

Contractor to subcontract with a third-party for

the performance of any major function contem-

plated under this contract to be performed by the

by the Contracting Officer of any subcontract shall

be deemed in any event or in any manner to pro-

vide for the incurrence

of any obligation of

Government in addition to the total contract price.

24. TERMINATION FOR THE CONVENIENCE OF

THE GOVERNMENT

(a) The performance of work under this con-

tract may be terminated, in whole or

from time to time in part, by the Govern-

ment whenever for any reason the Con-

tracting Officer shall determine that such

termination is in the best interest of the

Government. Termination of work here-

_ NW. 68262_Docld:32989685 Page 352

under sl

be effected by delivery to the

Contracte

of a Notice

of Termination

specifying the extent to which perform-

ance of work under the contract is termi-

nated and the date upon which such termi-

nation becomes effective.

(b) After receipt of the Notice of Termination

the Contractor shall cancel his outstand-

ing commitments hereunder covering the

procurement of materials,

supplies,

• équipment,

and miscellaneous items.

In

addition, the Contractor shall exercise

all reasonable diligence to accomplish the

cancellation or diversion of his outstand-

ing commitments covering personal

services and extending beyond the date of

• such termination to the extent that they

to the performance of any

With respect

to such canceled commitments the Con-

tráctor agrees to (1) settle all outstand-

ing liabilities and all claims arising

cancellation

commitments,

the approval or ratification of the

Contracting Officer, to the extent he may

require, which approval or ratification

shall be final for all purposes of this

clause, and (2) assign to the Government,

in the manner, at the time, and to the ex-

tent directed by the Contracting Officer,

all of the right, title, and interest of the

Contractor under the orders and subcon-

tracts so terminated, in which case

Government shall have the right, in its

to settle or pay any or all

claims arising out of the termination of

such orders and subcontracts.

The Contractor shall submit his termina-

tion claim

to the Contracting Officer

promptly after receipt of a Notice of Ter-

mination, dut in no event later than one

year from the effective date thereof,

or more extensions in writing

are granted by the Contracting Officer

upon written request of the Contractor

within such onc-year period or authorized

Contractor to submit his termination

claim within the time allowed, the Con-

tracting Officer may, subject to any re-

view required by the contracting agency's

procedures in effect as of the date of ex~

cution of this contract, determine,

he basis of information available to him

the amount, if any, due to the Contractor

of the termination and shall

thereupon pay to the Contractor the

amount so determined.

(d) Any determination of costs under para-

graph (c) shall be governed by the cost

principles set forth in Subpart 1. 15.3 of

the Federal Procurement Regulations (41

CFR 1-15. 3), as in effect on the date of

this contract, except that if the Contrac-

tor is not an cducational institution the

determination shall be governed by Sub-

part 1-15.2 of the Federal Procurement

Regulations (11 CFR 1-15. 2).

HEW-313-7

---

## Page 353

• (e) Subject to the provisions of paragraph (c)

• ' alove, and subject to any review required

by the contracting agency's procedures in

effect as of the date of execution of this

contract, the Contractor and the Contract-

ing Officer may agree upon the whole or

any part of the amount or amounts to be

paid to the Contractor by reason of the

= *

amount or amounts may include any Ica-

sonable cancellation charges thereby in-

curred by the Contractor and any reason-

able loBs upon outstanding commitments

for personal services which he is unable

Provided, however, That in

connection with any outstanding commit-

ments for personal services which the

Contractor is unable to cancel, the Con-

tractor shall have exercised reasonable

diligence to divert such commitments to

his other activities and operations.

such agreement shall be embodied in an

amendment to this contract and the Con-

tractor shall be paid the agreed amount.

The Government may from time to time,

may prescribe, make partial payments

against costs incurred by the Contractor

in connection with the terminated portion

of this contract, whenever, in the opinion

of the Contracting Officer, the aggregate

of such payments is within the amount to

Contractor will be entitled

hereunder. If the total of such payments

is, in excess of the amount finally agreed

or determined to be due under this clause,

such excess shall be payable by the Con-

tractor to the Government upon demand:

Provided, That if such excess is not so

paid upon demand, interest thereon shall

be payable by the Contractor to the Gov-

ernment at the rate of 6 percent per an-

num, beginning 30 days from the date of

such deniand.

The Contractor agrees to transfer title

to the Government and deliver

in the

manner, at the times, and to the extent,

if any, directed by the Contracting Offi-

cer, such information and items which, if

the contract ad been completed, would

have been required to be furnished to the

Government, including:

(1)

Completed or partially completed

plans, drawings and information; and

(2) Materials or equipment produced or

in process or acquired in connection

with the performance of the work

terminated by the notice.

Other than the above, any termination in-

ventory resulting from the termination of

the contract may, with the written ap-

proval of the Contracting Officer, be sold

or acquired by the Contractor under the

conditions prescribed by and at a price

or prices approved by the Contracting

Officer. The proceeds of any such dis-

position shall be applied in reduction of

any payments to be made by the Govern-

ment to the Contractor under this contract

•HEW -313-8

NW 68262 Docld:32989685 Page 353

or shall otherwise be credited to the

of work covered by this

paid in such other manner ag

the Contracting Officer may dircct. Pend-

of property

agrees to take such

necessary, or as the Contracting Officer

may direct, for the protection

ervation of the property related to this

contract which is in the possession of the

Contractor and in which the Government

has or may acquire an interest.

(h) Any disputes as to questions of fact which

may arise hereunder shall be subject to

the "Disputes" clause of this contract.

25. GOVERNMENT-FURNISHED PROPERTY

The Government shall deliver to the Con-

tractor, for use in connection with and

under the terms of this contract, the

property described elsewhere in this con-

tract, together with such related data and

information as the Contractor may re-

quest and as may reasonably be required

intended use of such property

(hereinafter referred to as "Government-

Furnished Property").

The delivery of

performance dates for the supplies or

services to be furnished by the Contrac-

tor under this

contract are based upon

the expectation

that Government-

Furnished Property suitable for use will

be delivered to the Contractor at the

times stated elsewhere in this contract

or, if not so stated, in sufficient time to

enable the Contractor to meet such de-

livery or performance dates. In the event

that Government-Furnished Property is

not delivered to the Contractor by such

the Contracting Officer

shall, upon timely written request made

by the Contractor.

make a datormination

of the deiay

uccasioned the Contractes

thereby, and shall equitably adjust the

delivery or performance dates or

contract price, or both, and any other

contractual provision affected by the de-

In the event that Government-

Furnished Property is received by the

Contractor in a

condition not suitable for

its intended use, the Contractor shall,

upon receipt thereof, notify the Contract-

ing Officer of such fact and, as directed

by the Contracting Officer, either (1) re-

turn such property at the Government's

expense or otherwise dispose of such

property, or (2) effect repairs or modifi-

Upon completion of (1) or (2)

above, the Contracting Officer upon

timely written Icquest of the Contractor

shall equitably adjust the delivery or per-

formance dates or the contract price,

both, and any other contractual provision

effected by the return, disposition, re-

pair or modification.

The forgoing pro-

visions for adjustment are exclusive and

the Government shall not be liable to suit

for breach of contract by reason of any

of Government-

Furnished Property or delivery of such

---

## Page 354

(E) Which results from a risk which

is infact covired by insurance or

forwhich the Contractor is other-

wise reimbursed, but only to the

such insurance or

reimbursement;

Provided, That, if more than

onc of

the above exceptions shall be appli-

cable in any case,

the Contractor's

liability under any One exception shall

not be limited by any other exception.

(ii) The Contractor represents

not including in the price hereunder,

that it will not hereafter

include in any price to the Govern-

charge or reserve for in-

surance (including self-insurance

funds or reserves, covering

Government-Furnished Property, ex-

cept to the extent that the risk of loss

is imposed on the Contractor under (i)

(C) above, or insurance has been re-

quired under (i)(D) above.

(iii) Upon the happening of loss or destruc-

tion of or damage to any Government-

notify the Contracting Officer

thereof and shall take all rcasonable

steps to protect the Government-

Furnished Property from further

damage, separate the damaged and un-

damaged Government-Furnished

Property, put all the Government-

Furnished Property in the best pos-

sible order,

and furnish to the Con-

- tracting Officer a statement of:

(A) the lost, destroyed and damaged

Government-Furnished Property:

(B) the time and origin of the loss,

destruction or damage;

(C) allknown interests in commingled

property

which

Government-Furnished Property

• is a part; and

• (D) the insurance, if any, covering

any part of or interest in such

commingled property.

The Contractor shall be reimbursed

for the expenditures made by it in

performing its obligations under the

subparagraph (iii), to the extent ap-

proved by the Contracting Officer and

set forth in a supplementalagreement

or amendment to this contract.

(iv) With the prior written approval of the

Contracting Officer after loss or de-

struction of or damage to Government-

Furnished Property, and

subject to

such conditions andlimitations as may

beimposed by the Contracting Officer,

the Contractor may, in order to min-

imize the lass to the Government or

in order to permit resumption of

HEW -313-10

NW 68262 Docld:32989685 Page 354

(1)

business or the like, sell for the ac-

count of the Government any item of

Government-Furnished

Property

which has been damaged beyond prac-

ticable repair, or which is so com-

mingled or combined with property of

others, including the Contractor, that

separation is impracticable.

Except to the extent of anyloss or de-

struction of or damage to Government-

Furnished Property for which the Con-

tractor is relieved of liability under

the foregoing provisions of this clause,

and except for reasonable wear and

tear or depreciation, or the utiliza-

tion of the Government-Furnished

Property in accordance with the pro-

Contract, the.

Government-Furnished Property

(other than property permitted to be

sold) shall be rcturned to the Govern -

ment in as good condition as when re-

ceived by the Contractor in connection

or as repaired

under paragraph (e) above.

(vi) In the event the Contractor is reim-

bursed or compensated for

any loss

or destruction

of

or damage

to the

Government-Furnished Property,

shall equitably reimburse the Govern-

ment. The Contractor shall do nothing

to prejudice the Government's rights

to recover against third parties

for

any such loss, destruction or damage

and, upon the request of the Contract-

ing Officer, shall at the Government's

expense, furnish to the Government

all

reasonable

assistance

and co-

operation (including assistance in the

prosecution of suit and the execution

of instruments of assignment in favor

of the Government) in obtaining

recovery.

Upon completion or expiration of this con-

tract, any Government property which has

not been consumed in the performance of

this contract or which has not been pre-

viously disposed of in accordance with the

provisions of this clause, or for which

the Contractor has not otherwise been re-

lieved of responsibility, shall be disposed

of in the same manner, and subject to the

same procedures, as is provided in para-

graph (g) of the clause of this contract en-

titled "TERMINATION FOR THE CON-

VENIENCE OF THE GOVERNMENT" with

respect to termination inventory. The

proceeds of any such disposition shall be

applied in reduction of any payments to

be made by the Government to the Con-

tractor under this contract, or shall other-

wise be credited to the price or costs of

the work covered by this contract, or shall

be paid in such other manner as the Con-

tracting Officer mav direct. Pending final

disposition of such property, the Con-

tractor agrees to take such action as may

be necessary, or as the Contracting Offi-

cer may direct, for the protection and pre-

servation thereof.

---

## Page 355

-0)

If the Contracting Officer determines that

the interests

of the Government

require

removal of any Government-Furnished

Property, or ifthe Contractor determines

any Government-Furnis led Property to be

in excess of its need under this contract,

such Government-Furnished Property

shallbe disposed of in the

same manner as

covered by

paragraph (i) above. In the

event that the

Contracting Officer requires

the removal of any Government-Furnished

Property under this paragraph (j) or para-

graph (i) above, upon

timely written

re-

quest of the Contractor,

an equitable ad-

justment shall be

made in

the contract

price to cover the direct cost to the Con-

tractor of such removal and of any property

damage occasioned thereby.

HEW - 313-11

-NW 68262-Docld:32989685 Page 355

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## Page 356

MODTRICATIONS TO FORMS HEW-313 AND

31.4 g

"GENERAL PROVISIONS"

(Negotiatod Fixed-Price Contracts;

Clause 6, Equal Opportunity, is hereby deleted in its entirety and the following

substituted therefor:

During the porfirmares of this cuntract, the contractor agrees as 1.1lows:

la) the e rer ctor wasin t trachamine agorat ury emingee r applicant for empicyment because

front, crood, cair. ur jat. pot pritr

The contractir will trike affirmative doti in to ensure

that applicants are emol. yet, and that empi yees are treated durirg emplyment, with ut regara

to thear race, crord, col.r, r nataordi ir. g-r.

such action chari anciado, but not be limiled

tu, the f 1l wing Emplument. upgraling dom tion. or transfer, recruitment or recruitment

advertising. Iry .ff ur termiratin rites or pay sr

other forms of compensatish, and seiection

for trainug. areludurg ipprenticeship

The i pericle agitea to pust in cinspicuous places.

available i enpi jees and applicants for entonyment, nitices to be privided by the Cntractirg

effaces setturg f..rth the privisions of this Fquai Ppirtunity clause.

• ' The contract I wall, on til slacitate no.1

divert-sements for emplugees placed by or in

alf uf the cuntractor, suite that ali qual fred appaicants will receive considerati in for

empl. yment with. lt regard t: race, creed, cir, in raulinal rigin.

le; The cortractor weis serd in each lab's union or represertatare of workers with which ne has

a collective hargrining agreement or other

cöntract ur understandirg, "a notice to be provided

by the agency üntracting officer,"

advising the labir uniun 'ir worker's representative if the

Cuntraci eis r.mmitmenes under this Equal pprunity clause, and shall post copies uf the notice

27 conspicu no places avalanle to empi yees and appi.cants far emplyment.

Id? The critract o will o moly with all provisano if Executive irder No. 11246 of September 24,

1965. and of the ruits, regulations, and relevart undero if the secretary of Labor.

ie; the pontracto wals furrish ali information and reports required by Executive Order Nu. 11246

of September 24, 1965, and by the ruses, regulatiins, and orders üf the secretacy if laber, or

pursuant therete, and

wili permit access to has boks, records, and acc..unts by the contracting

amoney ird the stcretary if lab.r fur purposes uf investigation tu ascertain compliance with

1 rules. regulations

and irders,

(f) in therent of the Contractor's nunc mpliance with the Equal Opportunity clause of this

contract or with any uf the said rules, regulations, ir orders, this contract may be carceled,

terminated, ir suspended, in wale it in part; ard the Contractor may be declared ineligible for

further Givernment contracts in ace rdance with procedures auth.rized an Executave Order

No. 11246 if seprember 24, 3965, and such : ther sanctions may be impised and remedies inviked as

privaded in Fxecutive Urder No 11246 of September 24, 1965, or by rule, regulation, or arder of

the secretary if abi, "s as ‹therwise privided by law.

(g) The Cuntracior will include the provisions if paragraphs lal thriugh l8! in every subcuntract

or purchase irder uniess exempted by rules, regulations, or orders of the Secretary if Labur

25sued pursuart to sects n 20k of Executive Order No. 11246 of September 24, 1065, so that such

provisions will be binding upon each subcontractor or vendor. The Contractor will take such

action with respect to any subcuntract or purchase order as the contracting agency may darect

as a means of erfurcing such provisina, areludarg sarctiono fur norcunpiiance Priveded,

however. Thre to the event the fortractor documes invalued in, or

Is triredter.td

*On sr after noteber 14, 1968, the torm "race, color, religion, sex, or national origin" is

substituted fur the term "yor, creed, color, or natl. nal pragun," as provided by Executive

Order Nu. 11515, Veteber 13, 1967 132 F.R. 14303;.

NW 68262 Docld:32989685 Page 356

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## Page 357

edifications to Formi 1EN-313 und

- rage 2

itigation with e

subcontractor or vendor as a result of such directior b

the contracting

gency, the Contrictor miy request the willed Stales to enter into such litigation to protect

he interests of the inited states.

¡Tie preccoins ciause is applicable unless this contract 1s exempt under the rules, regulations,

and relevant orders of the Secretury of jabor (41 CHli, ch. 60).)

22auee 17. Mucense of Eurceits in Labor Surnlus Areas, is deleted in its ertirety and the

following inierted an 20l ihorcel:

(This cluuse applies to ali contructs in excess of $5,000 except: contracts for services which

are personal in nature; and contracts for construction).

(a) It is the policy of the Governient to award contracts to labor surplus concerns that

(2) have been cortified by the secretary of Jabor (herealter referred to as certified-eligible

concerns with first or second preferences) regarding the employment of a proportionate number of

disadvantaged individuals and have agreed to perform substantially li) in or near sections of

unemployment or underemployment in or persistent or substantial labor surplus

areas

or (i1) in other areas of the United States, respectively, or (2) are noncertified concerns

which have agreed to perform substantially in persistent or substantial labor surplus areas,

where this car be done consistent with

the efficient

performance of the contract and at prices

no higher than are obtainable elsewhere.

The Contractor agrees to use his best efforts to place

his subcontracts in accordance with this policy.

(b) In complying with pazagraph (a) of this clause and with paragraph (b) of the clause of this

contract entitied "Utilization of Small Business Concerns" the Contractor in placing his subcontracts

shall observe the following order of preference: (1) Certified-eligible concerns with a first

preference which are also small business concerns; (2) other certified-eligible concerns with a

first preference; (3) certified-eligible concerns with a second preference which are also small

business concerns; (4) other certified-eligible concerns with a second preference; (5) persistent

or substantial labor surplus area concerns which are also snall business concerns; (6) other

persistent or substantial libor surplus area concerns; and (7) small business concerns which are

not labor surplus

area concerns.

Clause 18, Exumination of Records hy the Comptroller General, is deleted in its entirety and the

following inserted in lieu thereof:

(a). The contractor agrees that the Comptroller General of the United States or any of his duly

authorized representatives shall, until expiration if 3 years after final payment under this

contract, or of the time periras for the particular records specified in Part 1-20 of the Federal

Procurement Regulations (41 CYR Part 1-20), whichever expires earlier, have access to and the

right to examine any directly pertinent. books, documents, papers, and records of the Contractor

involving, transactions related to this contract.

(b) The Contractor further agrees to include in all his subcontracts hereunder a provision to

the effect that the subcontructor agrees that the Comptroller General of the United States or

any of his duly authoriaca

representatives shall, until expiration of 3 years after final payment •

under the subcontract, or of the tine periods for

the particular records specified, in Part 1-20

of the Federal Procurement Maculations (11) CFR Part 1-20), whichever expires earlier, have

access

to and the right to examine any directly pertinent books, documents, papers, and records of

such subcontracter, invelving transactions related to the subcontract. The term "subcontract"

as used in this clause excludes (1) purchase orders not exceeding $2,500 and (2) subcontracts or

purchase orders for public utility sorvices at rates established for uniform applicability to the

general public.

NW 68262 Docld:32989685 Page 357

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## Page 358

Modifications to Forms HEW-313

and -314 - Puge 3

Clause 22, Changes, 1s deleted

in

Its entirety and the following inserted in lieu thereof:

The Cuntracting Ufficer may at

any time, by a written order, and without notice to the sureties,

make changes, within the general scope of this contract, in any one or more of the following:

(1) drawings, designs, or spocifications, where the supplies to be furnished are to be specially

manufactured

for the Government in accordance therewith; (11) method of shipment or packing; and

(111) place of delivery. If any such change causes an increase or decrease in the cost of, or

the time required for, the perfoymance of any part of the work under this contract, whether

changed or not changed by any such order, an equitable adjustment shall be made in the contract

price ci delivery schedule, or both, and the contract shall be modified in writing accordingly.

Any claim by the Contractor for adjustment under this clause must be asserted within 30 days

from the date of recoipt by the contractor of the notification of change:

Provided, however,

that the Contracting Officer, if he decides that the facts justify such action, may receive and

act upon any such claim asserted at any time prior to final payment under this contract. Where

the cost of property made obsolete or excess as a result of a change is included in the Contractor's

claim for adjustment, the Contractirg Officer shall have the right to prescribe the manner of

disposition of such property. Failure to agree to any adjustment shall be dispute concerning a

question of fact within the meaning of the clause of this contract entitled "Disputes".

ever, nothing in this clause shall excuse the Contractor from proceeding with the contract

a changed.

Add the following paragraph to Clause 24, Default:

(8) As used in paragraph (c) of this clause, the terms "subcontractor" and "subcontractors"

mean subcontractor(s) at any tier.

NW 68262 Docld:32989685 Page 358

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## Page 359

• ADVANCE PAYMENT

(a) Amount of Advance? At the request of the Contractor, and subject to the

conditions hereinalter sot forth, the Government shall make an advance

payment, or advance payments from time to time, to the Contractor. No

advance

payment shall be made (1) without the approval of the office

administering advance payments (hercinafter called the "Administering

Office" and designated in paragraph (i) (4) hercot) as to the financial

necessity therefor; (2) in:

an amount which together with all advance

payments theretofore made, shall exceed the amount stated in paragraph

(1) (1) horcot; and (3) without a properly certified invoice or invoices.

(b) Special Bank Account. Until all advance payments made hereunder, and

interest charges, are liquidated and the Administering Office approves

in writing the release of any funds due and payable to the Contractor,

all advance paymonts and all other payments under the contract shall

be made by check payable to the Contractor and be marked for deposit

only in a Special Bank Account with the bank designated in paragraph

(i) (2) hereof.

No part of the funds in the Special Bank Account shall

be mingled with other funds of the Contractor prior to withdrawal thereof

from the Special Bank Account as hereinafter provided. Except as herein-

after provided, each withdraval shall be made only by check of the Con-

tractor countersigned on behalf of the Government by the Contracting

Officer or such other person or persons as he may designate in writing

(hereinafter called the "Countersigning Agent"). Until othervise

determined by the Administering Officer, countersignature on behalf of

the Government will not be required.

(c) Use of Funds. The funds in the Special Bank Account may be withdrawn

by the Contractor solely for the purpose of making payments for direct

materials, direct labor, and administrative and overhead expenses

required for the purpose of this contract (including, without limitation

payments incident to termination for the convenience of the Government)

and properly allocable thereto in accordance with generally accepted

accounting principles (subject to any applicable provision of contract

cost principles and procedures in FPR Part 1-15 or other agency cost

principles and procedures which are made part of this contract), or

for the purposes of reimbursing the Contractor for such payments, and

fox such other purposes as the Administering Office may approve in

writing. Any interpretation required as to the proper use of funds

shall be made in writing by the Administering Office.

(d) Return of Funds. The Contractor may at any time repay all or any part

of the funds advanced hereunder. Whenever so requested in writing by

the Adninistering Office, the Contractor shall repay to the Government

such part of the liquidated balance of advance payments as shall in

the opinion of the Administering Office be in excess of current require-

ments, ox (when added to total advances previously made and liquidated)

in excess of the amount specificd in paragraph (i) (1) herenf.

In the

event the Contracior fails to repay such part of the unliquidated balance

of advance payments when so roquested by the Administering Office, all

of ally part thercot may be withdrawn from the Special Bank Account by

1 .

NW 68262 Docld:32989685 Page 359

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## Page 360

checks payable to the Treasurer of the United States signed solely by

the Countersigning Agent and applied in reduction of advance payments

then outstanding hercunder.

(e) Liquidation. If not otherwise liquidated, the advance payments made

hercunder and interest charges, if any, shall be liquidated as herein

provided. When the sun of all payments under this contract, other than

advance payments, plus the unliquidated

amount of advance payments and

interest charges are equal to doopercent) of the stated contract price.

of $ 143,100

, or such lesser amount of which the contract price may

have been reduced, plus (1) increases, if any (not resulting from any

provisions for price redetermination or escalation), in the above stated

contrart price not exceeding, in the aggregate $-----

(insert here

not more than 10 percent of stated

contract price abovel, and (2) all

increases in contract price rosulting from any provision for price

redetermination or escalation, the Governent shall thereafter withhold

further payments to the Contractor and apply the amounts withheld against

the Contractor's obligation to ropay such advance payments and interest

charges until such advance payments and

interest charges shall have been

fully liquidated. If, upon completion or termination of the contract,

all advance payments and interest. charges have not been fully liquidated

the balances thereof shall be deducted from any sums othervise due or

which may become due to the Contractor from the Government and any

deficiency shall be paid by the Contractor to the Government upon demand.

.(f) Bank Agrecment. Before an advance payment is made hereunder, the Con-

tractor shall transmit to the Administering Office, in the form

pre-

scribed by such office, an Agreement in traplicate from the bank in

which the Special Bank Account is established, clearly setting forth

the special character of the account and the responsibilities of the

bank thereunder.

Wherever possible, such bank shall be a member bank

of the Federal Reserve System, or an "insured" bank within the meaning

of the Act creating the Federal Deposit Insurance Corporation (Act of

August 23, 1935, 49 Stat. 684, as amended; 12 U.S.C. 264) .

(g) Lien on Special Bank Account. The Government shall have a lien upon

any balance in the Special Bank Account paramount to all other liens,

which lich shall secure the ropayment of any advance payments made

hereunder together with interest charges thereon.

(h) Prohibition against issignment. Notwithstanding any other provision

of this contract, the Contractor shall not transfer, pledge, or other-

wise assign this contract, or uny interest therein, or any claim arising

thercunder, to any party or parties, bank, trust company, or other

financing

institution.

(1) Designations and Determinations.

(1) Amount. The amount of advance payments at any time outstanding

hercunder shall not exceed $ 11,925.00.

(2)

Depository. The bank designated for the deposit of payments

made herounder shall be

NW 68262 Docld:32989685 Page 360

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## Page 361

(3)

Intorest, Charge. No interest shall be charged for advance payments

made hercunder.

The Contractor shall charge interest at the rate

of .Os percent per annum on subadvances or downpayments to sub-

contractor's, und

such interest will be crodiled to the account of

the Government. However, interest need not be charged

on sub-

advances on nonprofit subcontracts with nonprofit cducational or

research institutions

for experimental, research, or development

work.

(4)

Administering Office. The office administering advance payments

is dosignatod as:

Financial Management Branch

Aberdeen Area Indian Health Service

Citizens Building

(i) Other Security: The teams derdeen contith siola S Considered adequate

security for advance payments hereunder, except that if at any time the

Administering Office deems the security furnished by the Contracior to

be inadequate, the Contractor shall fumish such additional security as

may be satisfactory to the Administering Office, to the extent. that such

additional security is available.

3

-NW 68262 Docld:32989685 Page 361

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## Page 362

• 111.

SPECIFIC PLANS OF ACTION 'PO REACII OBJECTIVES

1. ENVIRONIO NIAI: HEATRU

.d. Rabies

2.

CHRs will assist the PHS Sanitarian with nine (9) rabies

clinics pos year.

i.)

?

3

raire community avare of clinic daie,

tire, location,

cost,

paranoments for CHA to five shots.

Prepare tags.

Collect money.

Haintoin files and records of all animals.

Iut sick or dangerous animels to slacp alter proper

length of obsezvation period.

Water Sanitation

CHR Sanitarian will collect bacteriological vater samples

as referred or requested.

D:

Cooperate with sanitarian to have unsafe water supplies

fixed or adequately marked as such.

conduct clean-up campaigns each year.

b.

r..

Advertise compaign clean-up.

Arrange for transportation of gaxbage and refuse to le

talien to dump grounds.

Vor on obtaining connlete landfill operation without

Luming to avoid unnecessary air pollution.

Arrange to hare tienty-five (25 car bodico removed or

destroyed from each district cach ycar.

4. Housing anu latee Supply Surveys

chrs will conduct survoys of housiry and walch surply

necd: ind devclop a liot.

NW 68262 Docld:32989685 Page 362

!

oto.

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## Page 363

. b.

'c.

d.

Iist

17 be ranked accordine to reu

Lini vill he prosented to the Tribal Council as a

recommendation.

Help the Council and Tribal. Housing Authority to decide

who chould got houses, wells, cio, with priority based

on nced.

B.

I. hesist field health staff in testing hearing.

2. Completc hearing tests in cight (8) schools and maintain proper?

records.

3. Refer children with possible problems to the appropriate resource.

C. PHARMACY

1. Pick up refills and tale to people as requested.

2. Interpret instruction on medication for the elderly or any vio

ão not understand the instructions.

D.

DENTAL HEALTHI

. . -

2. or

2. CHRs will screen family to identify people who are in noed oi

dental care and see that they are seen by the dentist.

•: 3. Seek out funds from any available source for dentures for

low income people.

E.

SOCIAL SERVICES AND LENDAL HEALOIT

1. CHRs will refer people to social services and/or mental health.

.2.

CIns will provide infornation to social workers to help them

to understand the peoples' necds.

3. When necessary, act as an interpretor.

F: PROJECT RECOVERY (Alcoholism Program)

1. Referrals.

2. CIRs will provide information in PR personel to aid them in

understanding the people by taking them on home visiis and or to

connunity activitios.

NW 68262 Docld:32989685 Page 363

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## Page 364

JUNKITION

1. Cilia will diminister thie supplecontal food Progran by:

Explaining food values,

D.

Giving advice on how to unc comodity foods,

c.

Distribating recipos -- test and then distribuie to people,

helping with distribution of surplus commodities, and

C.

Hoping at comodity rarelouse ard/or delivering foods.

f.

Also, by etroooing the importerce of prenatal care,

post partom coco, and proventive care and forinla

prepuration.

2. Give aid to diabetico with their diet, that is,

llow to follow their diet.

D.

Hake sure of folloin on diabetics and their diets.

C.

Explain the importance of proper diet.

Thinned mann them the immentanen deattending dinhotin

e.

I. T.B. CONTROL

Transport patients.

1.

List of people on anti-IB redication will be proviaca to CHR

Directory by the Public Heali

Service.

2.

CiRs will encourage patients to have a regular checkup and lo

pick up medication. If rofill is needca, CHRs will provide

services.

3. CHIs will assiot in skin testing and will read PPD tosts and

report to IllS Inblic lealth nurse and redical records.

I. KATERNAL CHILD HEALTH

Lo CHlis Will work in MCH clinic whoa nçdea.

2. CHR will assist PIN with WCC in their respective areas with

weighing rationt, taking blood resoure, temperatives, ucite

wine spacinens, and in keeping adequate records.

3. Cilks will trensport putients and assist in pap snoar clinico,

1.e., assist physicians, fill out necessacy 102m5,

ec.

-NW-68262_Docld:32989685 Page 364

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## Page 365

END SCANNING hE SCHOOLS

1. Cino vill'ascist in mass cyc screching for the rescruation.

2. Charting.

3. Refor rye pollen to TuS staff:

K. PIYSICALS dE SCHOOLE OR IN COCONTrAS

1. Assist in cotting children icon school to clinic.

2. Take urine specimens.

3. B/P - torperature - respiration - weighi - height - exercises; etc.

4. In various communitios the CiR assists the physicion in giving

physicals to the rescivation fire fighters and keeping recores

of such.

Ir.

IMERGEUCY FIRST ATD

1.

Demonstrate emergency first aid to eight (8) districts tvice

a year.

-

At schools.

2.

Provide energency fixst aid to:

Accident victims (auto and other).

b.i

Poisoning.

OB'5.

47ª

-Burn victims.

Assisi ambulance ariver with emergency patients who have

¿o be transported to PIS Hospital.

d.

0.

M.. TRAINING

1. Vilize our Jakota ligher Education Center to our advantage.

2..

That is, to continue to take a miniman of two courses

per semester that are relative to our health program to

incrcane our effoctiveness in meeting the health needs

of our Oglali sious.

Hovever, in order to accomplish this:

we will require addition funding for tuition, books, and

milcage.

2. Contimation of CHl taninine at tucson, dris0n2.

NW 68262 Docld:32989685 Page 365? 0) of our Chla will necd to titond at Icast tuo

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## Page 366

5.

ANNEX B., "OBJECITES AND DUTIES"

OBJECTIVES:

1. To reduce disease and sickness in the community by extending the

general and environmental health services currently available.

2. To foster and promote full and equitable utilization of all

reSOUrceS.

3.

To aid in the implementation of health programs which assure.

achievement through self-help activitics conducted by the local

people to the ultimate realization of assumption of further

responsibilities in meeting their health needs.

4.

To assist the Indian Health Service, U.S. DHEW, In raising the

health level of our Indian people to the highest possible level

through all phases of the Indian Health Program, curative,

preventive, and rehabilitative.

5. To continue to develop additional tools for measurement evaluation,

and application, together with the institution of continuing

appraisal of health status to insure efficient application of

effort in those areas

that will have the greatest impact on

achieving the program's goals.

6.. To develop a more active communication process between the Indian

and the health professional.

DUTIES:

1. Environmental Health

a.

Collect water samples

., b. Work in clean-up campaigns

c. Assist in Rabies clinics

•.

d.

Arrange to destroy car bodies

e. Do survey to determine housing and water needs

2. Nutrition

a. Help conduct workshops

b. Assist in followup of diabetic patients

3. Pharmacy

a. Take refills to pationts

b. Interpret instructions for use

NW 68262 Docld:32989685 Page 366

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## Page 367

(2)

•Continuca - Duties

4. T.B. Control

a. Provide INIl to patients following list prepared by PHS Hospital

Assist in skin testing

• C. Read. skin tests

5. Transportation

a. Arrange for or provide transportation in emergency cases or others

when none is available and there is a health justification

6. Maternal and Child Health

a. Work in well-baby clinics

b. Assist in pap smear clinics

c. Assist in pre-natal clinics

7. Eye Program

.a. Assist in screening clinics

b. • Refer problems to IHS

8. Emergency First Aid

a. Put on classes

b: Provide emergency first aid

9. Dental Health

a. Screen families and refer

b. Transportation of children to clinic

10. Otitis Media

a. Assist in testing and reading

11. Health Education

a. Provide health education in all matters as required

12. Work with IllS Staff to assure highest quality of medical care for

members of conmunity.

NW 68262 Docld:32989685 Page 367

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## Page 368

May 10, 197?

N0-OSS

Ci Frogran Propocal - Fine Ridge

Ciaot, Contracting Section, la

Aherdoon Area Indian Malth Service

Enclosed is a copy of the rovised Community Health leniesentative

proposal for line Ridge. It is hoped this will provide the

rccessary information for preparation of the fiscal year 1973

contract. If you need further information, pleasc got in touch.

Jaces F. Lawler

Chief, Office of Special Services

SURNAME

. DATE

NW 68262 Docld:32989685 Page 368

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May 10, 1972

10-0S5

CuR Progran Proposal

Service init. Director, Pine Riigo

Enclosed is a copy of the fine More rovised Community Health

Represontative Proyran Froposal. It would be appreciated if you

could revies it and submit any comments you might have. Thanks.

James F. La cler

Chief, Office of Special Services.

SURNAME

DATE

—NW-88262-Doeld:32989685-Page 369_

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May 10, 1972

No. Dick Milesa, Oniman.

Dalla Mio trive

Pine Marke, truth Datota

57770

Dear lix. Tilson:

Thank you for the rovised Coumnity tealth Representative

proposal foi fisanl yorr 1i73.

It has been forwariel to

our Contractino Section for preparation so the rencuat

contrict.

le appincinto your continued etforts to i prove this prozran.

Sincerely:

Jamas F. Lawler

Chief, office os Spocial Garvices

CC::

CiR Coordinator

SUD, Fine Ridgo

SURNAME

NW 68262 Docld:32989685 Page 370

DATE

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## Page 371

RESOLUTION NO. 72-20

RESOLUTION OF THE OGIALA SIOUX TRIBAI COUNCIL

OF THE OGLALA SIOUX TRIBE

(An Unincorporated Iribe)

RESOLUTION FOR A COMMUNITY HEALTH REPRESENTATIVE PROGRAM WITHIN THE OGLALA

SIOUX TRIBE.

•WHEREAS, the Office of Economic Development has withdrawn funding

support for the Community Health Aide Program as of Septenber 30, 1971; and

WHEREAS, the Iribal Council racognizes the pressing need for improving

the health environmental standards of the Reservation; and

WHEREAS, the Community Health Representative proposal expresses the

desires and intent of the Tribe, and

WHEREAS, the Tribe is without resources to finance a Community Health

Representative Program; now

THEREFORE, BE IT RESOLVED that the Community Health Representative

proposal be submitted to the Indian Health Service, and

BE IY FURTHER RESOLVED that the Iribe enter into a contract with the

Indian Health Service for the purpose of the Indian Health Service funding

..:and. the tribe administering a Community Health Representative Program within

• the Oglala Sioux Tribe.

1

I, the undersigned as Secretary of the Oglala Sioux Iribal Council, hereby

certily that the foregoing resolution was adopted by the unanimous vote oi

the 17 members present at the Regular session held on the 28 day of April,

1972.

Keele, falle

Secretary

Oglala Sioux Tribe

ATTEST:

Dich Wilso

Dick Wilson, President

Oglala Sioux Tribe

NW 68262 Docld:32989685 Page 371

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ADDRESS

DATE SURMITTEN

COM-UNTTY MRATAIL RUPRUSUNTATIVE PROGRAM PROPOSAL

:

:

Onlala Sioux Trihe

Pine Ridre Indian Reservation

Post Office Rox No. 379

Ping, Ridge, South Makota

April 1, 1972.

57770

I. BROAD ARTECTTVES AND ACHTEVENENL TO BE ACCOITSHER:

To reduce disease and. sicknoss in the comminity by extending the

reneml. and environmental health services currently available.

• B. Do frater and promote full and envitable utilization of all re-

Co to aid in tho imamentation of health arograme chich as911re.

achievement, theong self-heln activities conducted by the local

people to the ultimate realization of ascumption of further re-

sporsibilities in meeting their health needs.

D. To assist the Indian Health Serrice, U.S. DHEW, in mising the

health level of our train neonle to the himhest possihle level

thror ell phases of the Indion Health Program, curative, ore-

ventive, and ronnhilitative.

Fre.

. To continue to develoo additional tools for measurement evalna-

tion, and application, torether with the institution of continuing

appraisal of health status to insure efficient application of

effort in those areas that will have the createst impact on

achieving the promom's goals.

F. Po develon a more active communication process between the Indian

and the health professional.

II. PLANS OF ACTION TO REACH OBJECTIVES:

A. COMFINTCATIONS:

1. Develops a method of open exchange of information with con-

munity residents, this would be accomplished by visits to the

homes, wherr the car will hring to the peonle any information

pertinent to their health, in this some manner the CAR will

retum inforation to the Ths Stiff, as to the recds of the

peonle. At Imat ons home virit to the homes of the elderly

and invalia pren month. A home visit ench nuarter, to those

homes needing health surveillance and help.

NW 68262 Docld:32989685 Page 372

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- 2 .

3.

5.

Works with the Dalala Sioux Prihal Health Board in promoting

healthe and

awareneen to health. Thir will he accomnliched hu

presentino to the Tribal Herlth Board the problema of the

communiti. tho rill in tum offer arsigtinen in the correction

of these problems.

Utiliaation of a reportine method of informine Irihal armniza-

tions of praman oneration.

This is arcomplished by presentation

of a monthir narrative to PuS bersonnel, nolala Sioux Pribal

Health Boar, and to the polala Siour prihal Executive Committee

on mir prontane and promess so that thay alno will he mhle to

haln with the glannine of resalving the problems and continuing

our propress.

nevelon and maintain regular contacts with arencies for

exchange of information.

l'o achiere this menhers of the CHR

arono will he named active members of the various committees

on the reservation.

Among these are the jurenile commission,

the welfare committee, Tribal Health Board, nimal control, and

the Cohen Home Board for the elderly, etc.

ntilize efficient commmmication mothods such as the PAS neugletter,

radio and television, telechone. and eroup meetines.

Tre al.so

hare accosa to the colale. Nation News, a weekla rublication on the

reservation.

BARATTE CARE INSTRETTONS:

1.

will report to her sunerisor tho tonether will contact proger

channela or reamarres.

rancatirg and arrisirg comunities and individuals on nor-professional

annects or all nhares of haalth programs. By identifying prohlemg

in a particular district, she will plan a progran of education

with proressional assistance. Pramle: li the problem is

unsenitan livirg conditions, torether with the Peservation

Sanitarian ardior Iloma Ritennion worker, the Mar will' either rive

individual home or eroe demopatmtions.

Inch district will

anonane one or more of these events each years.

3. .

4.

Interpreting to the families the environmental conditions that

need attention for imroving hoalth ond particinating in the

nannino.

This will include an annual clean-un campaign,

alloving the members of the community to assirt in the slannino.

Motiute individuals, family units, and groune to accent

ad artisale martirinte in meomme offering instriction

in parith pore. To

mapt ß? la at. tol mbada calle to urre attendance end

individual home contacts are recessary to stimalate interest

in attraaare.

NW 68262 Docld:32989685 Page 373

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-3 -

5. Participate with extension agents, health educators, and public

health nurses, etc., for the instruction of individuals and

groups in home

nursing, nutrition, home management, sanitation,

and mother-child health care. This will be done by having

community meetings, workshops, and/or home demonstrations in

those areas needing attention.

C. INCREASE ETFECTIVENESS:

Assisting families in doing things for themselves to improve

and maintain their health.

Io accomplish this the CHR will

have to give home demonstrations and encourage the people to

follow the instructions they have been given.

2.

Making people avare of their health conditions and the avail-

ability of health services.

To accomplish this the CHR will

nave to recognize those, people who are in need of help and know

what services are available. It will also involve bringing the

people to the facility and conferring with those providing the

service.

3. Referring to professional health personnel and followup on

referrals by health personnel to the families. CHRs will take

action to see that people needing health care are referred to

proper resources.

They will also followup on all patients

needing cale as referred by the physicians and other profes-

sional staff.

L. Arrange for transportation of individuals to health resources,

i.e., elderly and those in immediate need. Transportation will

not be provided to those having their own transportation.

This

service will be limited to emergency cases

and others having

no means of getting to the health resource.

5. Assist in special health clinics when the need arises due to

the shortage of personnel and the need for assistance.

(See specific objectives plans of action under Item III below.)

D. RESOURCES INFORMATION:

I:: Keep informad of current developments and changes in administrative

personnel and services.

2. Interpret existing programs, continually to the people.

3. Coordinate activities of service agencies at the community level.

4. Assist individuals in making necessary applications for services.

5. Compile listing of available resources.

6. Assist in conducting surveys relating to the health needs

• of the Oglala Sioux Reservation.

NW 68262* Docld:32989685 Page 374

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-4 -

L.

NEW PROGRAMS:

1.

Assist'in health education for acceptance of programs by

the communities/districts.

2.

Serve in orientation of professional health personnel to Indian

community.

3. Provide agencios with voiced requests for services and unmet

needs as seen by community residents.

4. Assist in actual implementation of new programs; such as, accident

prevention, alcoholism programs, etc.

5.

Collect data and make recommendations to the Oglala Sioux

Tribal Council concerning health programs that need to be

initiated.

III.

SPECIFIC PLANS OF ACTION TO REACH OBJECTIVES

A. ENVIRONMENTAL HEAITH

1. Rabies

CHRs will assist the PHS Sanitarian with nine (9) rabies

clinics per yeax.

1.) Make community aware of clinic date, time, location, cost, etc.

Arrangements for CHA to give shots.

3.

Register animals.

4

Prepare tags.

Collect money.

6.

Maintain files and records of all animals.

Put sick or dangerous animals to sleep after proper

length of observation period.

2. Water Sanitation

CHR Sanitarian will collect bacteriological water samples

as referred or requested.

b.

Cooperate with sanitarian to have unsafe water supplies

fixed

or adequately marked as such.

3.

Conduct clean-up campaigns each year.

2.

b.

Advertise campaign clean-up.

Arrange for transportation of garbage and refuse to be

taken to dump grounds.

C.

• d.

Work on obtaining complete landfill operation without

burning to avoid unnecessary air pollution.

Arrange to have twenty-five (25) car bodies removed ox

destroyed from each district each year.

4.

Housing and Water

Supply Surveys

NW 68262 Docld:32889685 Bage 3#51l conduct surveys of housing and water supplv

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## Page 376

•b.

c.

List wi

be ranked according to need.

List will be presented to the Tribal Council as a

recommendation.

Help the Council and Tribal Housing Authority to decide

who should get houses, wells, etc, with priority based

on need.

B. OTITIS MEDIA

1. Assist field health staff in testing hearing.

2. Complete hearing tests in eight (8) schools and maintain proper

records.

3. Refer children with possible problems to the appropriate

• resource.

C. PHARMACY

1. Pick up refills and take to people as requested.

2. Interpret instruction on medication for the elderly or any who

do not understand the instructions.

D. DENTAL HEALTH

I: CHRs will transport patients to dental clinics.

2. CHRs will screen family to identify people who are in need of

dental care and see that they are seen by the dentist.

3.

Seek out funds fron any available source for dentures fox

low income people.

SOCIAL SERVICES AND MENTAL HEALTH

1. CHRs will refer people to social services and/or mental health.

2. CHRs will provide information to social workers to help them

to understand the peoples' needs.

3. When necessary, act as an interpretor.

F. 'PROJECT RECOVERY (Alcoholism Program)

1. Referrals.

2. CHRs will provide information to PR personnel to aid them in

understanding the people by taking them on home visits and/or to

community activities.

NW 68262 Docld:32989685 Page 376

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- 6 -

G. NUTRITION

I. CHRs will administer the Supplemental Food Program by:

2.

b.

c.

d.

e.

f.

Explaining food values,

Giving advice on how to use commodity foods,

Distributing recipos - test and then distribute to people,

Helping with distribution of surplus commodities, and

Helping at commodity warehouse and/or delivering foods.

Also, by stressing the importance of prenatal care,

post partun care, and preventive care and formula

preparation.

2. Give aid to diabetios with their diet, that is,

a.

b.

c.

a.

How to follow their diet.

Make sure of followup on diabetics and their diets.

Explain the importance of proper diet.

Impress upon them the importance of attending diabetic

clinic.

€.

Transport patients.

H. T.B. CONTROI

2. CHRs will encourage patients to have a regular checkup and to

pick up medication. If refill is needed, CHRs will provide

services.

3. CHRs will assist in skin testing and will read PPD tests and

report to IHS Public Health nurse and medical records.

I. MATERNAL CHILD HEALTH

1. CHRs will work in MCH clinic when needed.

2. CIR will assist PHN with WIC in their respective areas with

weighing patient, taking blood pressure, temperatures, urine

urine specimens, and in keeping adequate records.

3. CIRs will transport patients and assist in pap smear clinics,

i.e., assist physicians, fill out necessary forms, etc.

NW 68262 Docld:32989685 Page 377

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T=

J.

EYE SCREENING AT SUNOOLS

1: CHRs will assist in mass eye screening for the reservation.

2. Charting.

3. Refer eye problem to IS staff.

-K.

PHYSICALS AT SCHOONS OR IN COMMUNITIES

I. Assist in getting children from school to clinic.

2. Take urine specimens.

3. B/P - temperature - respiration - weight - height - exercises, etc.

4. In various communities the CHR assists the physician in giving

physicals to the reservation fire fighters and keeping records

of such.

EMERGENCY FIRST AID

1. Demonstrate emergency first aid to eight (8) districts twice

a year.

a. At schools.

b. To adults on various programs.

2. Provide emergency first aid to:

a. Accident victims (auto and other).

b.

Poisoning.

c.

a.

OB's.

e.

Burn victims.

Assist ambulance driver with emergency patients who have

to be transported to PHS Hospital.

M. TRAINING

1: Utilize our lakota Higher Education Center to our advantage.

a.

That is, to continue to take a minimum of two courses

per semester that are relative to our health program to

increase our effectiveness in meeting the health needs

of our Oglala Sioux. However, in order to accomplish this,

we will require additional funding for tuition, books, and

mileage.

2. Continuation of CIR training at Tucson, Arizona.

a.

Ten (10) of our CIls will need to attend at least two

NW 68262 Dold: 32989685 Pageions in the comming year..

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IV. EVALUATION:

A.

The Community Health Representative will keep a daily record of

all activities including such things as the number of visits made

and environmental conditions corrected, individuals transported

and results of rabies and cleanup campaigns.

B.

A written report will be developed and

submitted monthly by the

Community Health Coordinator to the Tribal Council, Service Unit

Director, and the Tribal Health Comnittee.

C. There will be monthly meetings of the Community Health Represen-

tatives,

Service Unit Comnunity Health Representative Coordinator,

and the Tribal Coordinator. The Service Unit Community Health

Representative Coordinator will make and keep detailed reports of

these meetings. Copies of these reports will be given to the Service

Unit Director and Iribal Coordinator. Quarterly meetings with the

Tribal Council regardin the program will also be held.

D. Evaluation of the CHR program will be conducted by the Tribe with

the assistance of such professional/non-professionals as they may

see fit.

I. The whole area of evaluation will function around a usable and

workable program plan drawn up a year in advance. This would

entail the using of plans for the action and execution of manpower

"in attaining the programs' objectives.

F.

Using the above criteria, the following kinds of measurement will

be implemented:

1. Quantity or amount (of limited value) such as:

a..

Number of persons reached.

b. Number of posters, pamphlets, home visits, etc.

2. Quality of the program as judged by experts or by the peoples'

reaction to the program through:

The appraisal of experts/or health professionals.

b.

Public opinion poll.

c.

Request for literature.

d.

Visiting IHS CHR Coordinator study, i.e., area or head-

quarters.

3. Changes in Inowledge as shown by:

a. Public opinion poll.

b.

Objective tests at school or at exhibits or in connection

with adult education courses.

NW 68262- Docid:32989685-Page-379-

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4.

Changes in attiture as

reflected in:

a. Public support for projects.

b. Increase in health services.

•c. Increase interest in health agencies.

d. Increased

cooperation with Indian Health Service and re-

quests for leadership, training, and conferences.

e.

Reduced opposition to the Public Health program on the

part of special groups or individuals, or the public at

large.

Legislative attitude, appropriations or attitude of ad-

ministrative boards.

5. Changes

in behavior such as:

a. Increase in visits to clinics.

b. Increase in number of children having necessary dental work

completed.

C.

Increase in percentage of tuberculosis or cancer cases

reported in early stages.

¿. Increase in the percentage of children immunized.

e. Increase in the sale of milk, vegetables, or other good food.

f. Increase in the number of expectant mothers sonsulting physicians

early in pregnancy.

Increase in the percentage of babies under medical supervision.

:. h. Increase in the percentage of parents attending the school

health exaninations of their children.

I. Installation of sanitary facilities.

Increase in the number of tuberculin tests and physical

examinations of contacts per known case of tuberculosis.

k Increase in the circulation of health literature.

1. Increase in the number of mothers who nurse their babies.

I. Increase in the percentage of physical defects corrected.

NW 68262 Docld:32989685 Page 380

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Changes in health

atus (recognizing that health ducation has

not been the only factor) as shown in: .

ao. Child growth.

b. Morbidity as shown by sickness survey.

c. Number of remaining physical defects.

a. Number of children with specific types of defective nutri-

tion as determined by modern nutritional tests.

e. Reduced accident

rates.

V. MANAGEMENT:

A. The Oglala Sioux Iribal Council will establish the following to

carry out the administration of the program.

1. The CHR Director will be the agent responsible for aöminister-

ing the program.

2. A bookkeeper-auditor-secretary will be employed and bonded to

maintain records, cash

all other bills.

checks, make salary payments and pay

The salary and expenses for this person will

be bore from administrative overhead.

3. A special bank account will be established at the First National

Bank in Gordon, Nebraska, and payment for services will be

deposited therin. Expenses for the program will be made against

that account.

• 4. The Council will provide time for the CHR Director to report

monthly activities.

5. The CHR Director will prepare and sign the invoice to be at-

tached to the signed narrative report and submit both to the

council and the Health Board.

6. The Tribal. Chairman or his designeted representative will sign

both the invoice and the natiative report.

The CHR Director

will then forward both to the Service Unit Director for his

report and signature.

B. PERSONNEL BENSFITS:

• 1. Sick and Annual leave.

a. Both accumulated at the rate of 4 to 6 hours per pay period each.

b. No lump sum payment will be made if employee terminates.

NW 68262 Docld:32989685 Page 381

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( 11)

2. Family Deaths.

a. CAP Personnel policy will be followed.

3.

Accumulated sick and annual leave under the CHA program will be

carried over into the CIR program.

_NW 68262 Docld:32989685 Page 382

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SELECTION OF COMMUNTTY HMAIH REPRESENTATIVE PROGRAM

Personnel for the CHR Progran will be selected through the Bribal personnel

selection system.

1.

Every consideration shall be givon to selecting individuals for the

program who are the best.

qualified and can provide the highest quality

of service.

The attainment of high level o1 education may be important

to performance in certain positions. However, formal educational quali-.

fications, unless required by state or local law, shall not be amde a

requirement for employment or auvancement in either progessional or non-

professional capacities if a condidate has the ability to perform the

duties of the position.

2. Personnel to be employed will be judged on how well they meet the re-

quirements for the position; their ability to perform their duties

with competence and integrity; must be capable and responsible, of

good character and reputation, and are sympathetic with the objectives

of the Community Health Representative Program.

3. Personnel to be employed may not be members or supervise organizations

whose objectives include the overthrow of the government of the United

States by force or violwnce.

4. In the case of professional, fiscal, and managerial personnel, recent

conviction of a serious crime shall

be considered strong evidence of

lack of fitness for the job. In the case of other positions, including

clerical and non-professional jobs, criminal records by themselves

shall not constitute a basis for disqualification for employment.

Before any person convicted of a felony can be employed, the CHR govern-

ing body shall conduct an investigation in accordance with fair stand-

ards and procedures and, it finds that the prior conviction does not

disqualify the person for the proposed position, the indifidual may be

employed.

5. Notice. of all CHR openings for employment will be advertised in this

manner;

A. Notices of all positions to be filled will be posted at least 10

days.

-B. Deadline for applications will appear on each notice.

C. Qualifications necessary for each position will be listed.

D. Notices for non-professional will be posted with South Dakota State

Employment Service or other appropriate agency.

E. All advertising of positions will be announced through the Iribal

Selection System.

NW 68262 Docld:32989685 Page 383-

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(73)

DISCHARGE OF CHR PERSONNEL,

Appropriate recoids on all personnel actions will be kept. The following

is a list of causes that will permit discharges of CIR personnel.

1.

Repeated absence form work without good

cause.

Repeated lateness on reporting for work, and failure to remain on the

job the required number of hours.

3. Failure to perform the job up to standards and in an acceptable manner.

FOURTEEN (14) COMMUNITY HEALTH REPRESENTATIVES:

These positions function under the administration and supervision of the

Tribal Government. The Community Health Representatives will serve the

Oglala Sioux Tribal Reservation in the capacity of a full-time position.

SALARY:

The basic salary per representative will be $5,200 per year.

TRAINING:

"The first four (4) weeks of training will be formal and conducted at the

Indian Health Service Training Center, Tuscon, Arizona, by Indian Healti

Service personnel. Follwoing the formal training a routine on-going ses-

sion will be carried on weekly on a local level using IHS and other pro-

fessionals for instruction.

QUALIFICATIONS:

1. Be a mature adult (male or female).

2. Knowledgeable of the Oglala Sioux Tribal Reservation and its residents.

• 3. Pass a physical examination.

4. Possess good moral character.

5. Demonstrate ability to work with people and agencies.

6. Be available for full-time employment and able to follow an irregular

schedule.

7. Possess or obtain a State Dirver's license.

8. Posses automobile covered by current liability insurance.

9. Be able to keep dialy and monthly records of activities for evaluation

purposes.

NW 68262 Docld:32989685 Page 384

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## Page 385

• 10. Will function according to staffing patter.

11. Willing and able to attend 4-week training at Tucson, Arizona. Excep-

tion will be nade for those in program 6 months prior to conversion to

the CHR Program.

DUTIES:

1.. Invironmental Health

a Collect water samples.

b. Work in clean-up campaigns.

c. Assist in Rabies Clinics.

d. Arrange to destroy car bodies.

e. Do survey to determine housing and water needs.

2. Nutrition

a. Help conduct workshops.

b. Assist in followup of diabetic patients..

3. Pharmacy

•' a. Take refills to patients.

b. Interpret instructions for use.

4. T.B. Control

a. Provide INH to patients following list prepared by PHS Hospital.

b. Assist in skin testing.

:

c. Read skin tests.

5. Transportation.

a. Arrange for or provide transportation in emergency cases or others

when none is available and there is a health justification.

6. Maternal and Child Health

a. Work in Well-Baby clinics

b. Assist in Pap Smear Clinics.

c. Assist in Pre-natal Clinics.

-NW-68262-Docld:32989685_Page 385

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## Page 386

7. Eye Program:

a. Assist in screening clinics.

b. Refer problems to IHS

8. Emergency First Aid.

a. Put on classes.

b. Provide emergency first aid.

9. Dental Health.

a. Screen families and refer.

b. Transportation of children to clinic.

10. Otitis Media.

a. Assist in testing and reading.

11. Health Education.

•a. Provide health education in all matters as

required.

12. Work with IFS Staff to assure highest quality of medical

care for

members of community.

NW 68262 Docd:32989685 Page 386

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## Page 387

CITR

DJECT DIRECTOR

This position will function under the administration and supervision af

the Tribal Council.. The CIR Project Director will serve the Oglala Sioux

Iribal Reservation in the capacity of a full-time position.

SALARY:

The basic salary of the CHi Froject Director will be $9,000.00 per year.

TRAINING:

The first four (4) weeks of training will be formal and conducted at the

Indian Health Service Training Center, Tucson, Arizona, by Indian Health

Service personnel.

The CHR Project Direcorwill participate in a short-lesson training pro-

gram and workshops, iie., Lakota Ib and Health.

QUALIFICATIONS:

1. Be a Registered Fublic Health Nurse, or:

2. Be a CHR and demonstrate a stron desire for public health nursing.

3. Have satisfactory experience in administration and personnel management.

4. Knowledgealbe of the Oglala Sioux Tribal Reservation and its residents.

5. Pass a physical examination.

6. Possess good moral character.

7. Denonstrate ability to work with people and agencies.

8. Possess or obtain State drivers permit.

9. Possess automobile covered by current liability insurance.

10. Must be bonded.

DUTIES:

1. Responsible for overall direction of CHR program.

2. Must supervise NCHP's.

3. Makes plans

for program activities.

4. Prepares and makes report to health committees and Tribal Council.

5. Manages funds for program.

NW 68262 Docld:32989685 Page 387

---

## Page 388

- 6. Assures that all financial and personnel records are kept.

7. Arranges training for CIR's.

8. Coordinates CHR's routine activities.

NW 68262 Docld:32989685 Page 388

---

## Page 389

I.

ANY

BUDGET

SALARIAS & BATTES:

A.

14 CHR'S @ $5,200/yX.

1 Coordinator @ 19,000/yr.

B. 10 % Fringe Bencéits:

TOTAL SALARY:

II.

TRAVEL & PER DIEM:

A.

Reservation Travel; 1,000 mi/mo x 12&/mi x 12 mo/JI

x 15 CHR'S.

B. Travel to Professional Meetings;

Lakota IB and Health;

$ mtgs/JI x 3 cars x 1000mi/mtg x•12 $:

7 State Indian Health Association:

• 4 cars x 2 mtg/JI x 1000 mi/mtg x 12$

C. Membership in 7 State:

D. Space costs, rental & Maintenance of Offices:

E. Per Diem to Professional Meetings;

Lakota IB & Health, 10 people x $25/day x Lmgt/VX #

4 day/mtg.

7 State; 10 people x $25/day x 4 days x 2 mtgs.

F. 'Uniforms:

$100/Unidorm x 15 people x 3 sets.

G. Bonding Fees for Coordinator & Bookkeeper

@ $10/thousand x $25,000 x 2.

H. Administrative Overhead - No Greater than 15% of

$89,980.00

TOTAL BUDGET:

- NW 68262 Docld:32989685 Page 389

$72,800.00

$ 9,000.00

$81,800.00

$ 8, 180.00

$89,980.00

$21,600.00

• $1,440.00

260.00

$ 2,400.00

25.00

$ 5,400.00

$4,000.00

$2,000.00

$6,000.00

$4,500.00

500.00

$13,477.00

$143,882.00

---

## Page 390

FD-263 (Rer 1-7-72)

FEDERAL

SUREAU OF INVESTIGATION

70-

REPORTINE OFFICE

MINNEAPOLIS

TITLE OF CASE

OFFICE OF ORIGIN

MINNEAPOLIS

DATE

10/10/73

REPORT MADE BY

HERMAN J. LATTUS

CHARACTER OF CASE

INVESTIGATIVE PERIOD

7/16 - 10/10/73

RICHARD

BECAAA STOLS TRIBAL CHAIRMAN;

EMMA I. NELSON,

OGTALA SIOUX TRIBAL TREASURER;

LLOYD W. EAGLE BULL,

OGLALA SIOUX TRIBAL SECRETARY;

GERALDINE JANIS - VICTIN

VICTORIA WOUNDED FOCT - VICTIM;

DELLA STARR - VICTIM;

MINERVA WALKS OUT - VICIIM

CR

REFERENCES:

TYPED BY

RMD

EXP. PROC

Minneapolis report of SA THOMAS M. MOORE, JR., dated

5/20/73°

Bureau airtel to Minneapolis, dated 7/3/73.

Minneapolis nitel to Bureau, dated 7/16/73.

Bureau airtel to Minneapolis, dated 8/17/73.

Minneapolis airtel and LHM to Bureau, dated

8/27/73.

Minneapolis airtel to Bureau, dated 8/31/73.

Bureau airtel to Minneapolis, dated

• 9/10/73.

Minneapolis airtel to Bureau, dated

9/19/73.

Bureau airtel to Minneapolis, dated 9/27/73.

-C -

CONVIC.

FUG.

ACCOMPLISHMENTS CLAIMED

FINES

SAVINGS

I NONE

RECOVERIES

APPROVED

COPIES MADE:

Bureau (Encs. - 48 INGLOSUBE

ACQUIT-

CASE HAS BEEN:

TALS

PENDING OVER ONE YEAR EYES CINO

PENDING PROSECUTION

OVER SIX MONTHS

DYES ENO

DO NOT WRITE IN SPICES BELOW

REC 20

OCT.18-1973

1 - USA, Sioux Falls, South

Dakota

1 - Minneapolis (44-727)

Dissemination Record of Attached Report

Notations

Agency

Rcyucst Recd.

• Date iwd.

How Fwil.

By

DATA

A

COVER PAGE

---

## Page 391

MP 44-727

ENCLOSURES

TO BUREAU

Two (2) copies each of the following items:

Merit System Regulations

Memorandum to the Executive Board

Minutes of the Executive Committee

Letters to the four Victims •

Copies of the Termination Notices on the above •

four Victims

Copies of the Termination Notices of persons

from 1/1/73 to the present

Copies of a letter from the Executive Committee

to Personnel Director

Memorandum from Personnel Office to Public Health

Service Director

ADMINISTRATIVE

All persons interviewed were advised that this

investigation was requested by the U.S. Department of Justice.

No enclosures are being sent to the United States

Attorney, Sioux Falls, South Dakota, since he stated that

it was not necessary and in the event that he so desires any

further information, he will contact the Minneapolis Office.

This case is being closed and no further contact

will be made in this matter with the United States Attorney

since he advised that he would discuss this case directly

with Departmental Attorney DENNIS R. ICKES in reference to

its prosecutive merit.

- Bx -

COVER PAGE

INW 68262 Docld:32989685 Page 391

---

## Page 392

FD-204 (Rev, 3-3-59)

I-D STATES DEPARTMENT O

ZUUTICE

FEDERAL BUREAU OF INVESTIGA

Copy to:

Report of:

Date:

Field Office File #:

Title:

CHARACTER:

SYNOPSIS:

I - USA, Sioux Falls, South Dakota

SA HERMAN J. LATTUS

October 10, 1973

44-727

Office: Minneapolis, Minnesota

Bureau File #:

RICHARD WILSON,

OGLALA SIOUX TRIBAL CHAIRMAN;

EMMA T. NELSON

OGLALA SIOUX TRIBAL TREASURER;

LLOYD W. EAGLE BULL,

OGLALA SIOUX TRIBAL SECRETARY;

GERALDINE JANIS - VICTIM;

VICTORIA WOUNDED FOOT - VICTIM;

DELLA STARR - VICTIM;

MINERVA WALKS OUT - VICTIM

CIVIL RIGHTS

TIM SHANGREAUX, Personnel Director, advised that

the decision to terminate Victims'

employment

was unanimous by the Executive Committee.

HELEN

PALMiER advised that she applied for the job as

Fiscal Manager and was hired.

KAREN TRUEBLOOD,

secretary:

advised that she does not remember

hearing DICK WILSON say anything about firing

troublemakers and hiring his friends. DEL EASTMAN,

Special Ufficer, BLA, advised that no record of

the public demonstrations were kept and no author-

ization given to demonstrate. DICK WILSON, Chair-

man, Uglala sioux Iribe, advised that Victims'

employments were terminated 4/5/73. POURRIER

member of the Evaluation Committee, advised that

he recalled that JANIS and other Victims' employ-

ments were terminated because of open defiance

to overthrow the present Government at Pine Ridge.

CARMEL MEANS advised that she quit her job at the

College Center.

LILLIAN CUNY advised that she

did not hear DICK WILSON make any statement in

reference to firing his enemies or hiring his

friends.

FRESQUEZ advised that he did not

specifically state for CARMEL MEANS tu terminate

her employment with OEO. BARBARÁ MEANS advised

This document contains neither recommendations nor conclusions of the FBI. It is the property of the FBI and is loaned to your agency; it and its contents

are not to be distributed outside your agency.

NW 68262 Docld:32989685 Page 392

U. S. GOVERNMENT

PRINTING OFFICE: 1970 0-406-810

---

## Page 393

MP 44-727

SYNOPSIS

(Continued)

that she received a Notice of Suspension on

JAMES HAM'I advised that at time of

CARMEL MEANS' employmant at thie College Center

he made it clear

chat it was temporacy until

the Board approved it.

LLOYD W. EAGLE BULL

advised that he has nothing against anyone

marching or demonstrating.

He stated that this

demonstrating should not be done on Governent

time.

BETTY BERRY advised that suit has been

filed by Victims, USDC, WD, to regain employment.

AUsA, sioux falls, S.D., advised that he would

discuss this matter with Departmental Attorney.

-C -

DETAILS:

This is a preliminary investigation.

2

NW 68262 Docld:32989685 Page 393

---

## Page 394

FEDERAL BUREAU OF INVESTIGATK

1

'Date of transcription.

10/8/73

TIM SHANGREAUX, Personnel Director of the Oglala

Sioux Iribe, Pine Ridge,

south Dakota,

was advised of the

identities of the interviewing Special Agents and the nature

of the interview.

SHANGREALX stated that he wuld discuss the situation

with the investigating Agents and would furnish information to

them, but preferred not to sign anything.

He stated that on April 4, 1973, the Oglala Sioux

Tribe Executive Committee met and terminated employment of

decision of DICK WILSON, the Iribal Chairman, EMMA NELSON,

treasurer, and LLoYD LAGLE BULL, Secretary.

SHANGREAUX furnished copies of everything contained

in the file in reference to this matter.

the Oglala Sioux upy of the Merit System Regulations of

2. A memorandum to the Executive Board from

Personnel Director, entitled, "Appeals of Geraldine Jani.

and Minerva Walks Out'

3. Minutes of the Executive Committee, April 4,

1973.

4.

Letters to GERALDINE JANIS, MINERVA WALKS OUT,

DELLA STARR, and VICIORIA WOUNDED FOOT advising them the date

for appeal.

5. Copies of Termination Notices dated April 9,

1973, on the above four individuals.

Interviewed on 10/2/73

SAS DON E. WEATHERMON and

by_

HERMAN J. LATTUS HJL/Ind

_Pine Ridge, South Dakota

_File #

MP 44-727

_Dole dictaled.

10/6/73

This document contrins neilher recommendalions nor conclusions of the FBI. Il is the property of the FBI and is looned to your agency:

Il ond its contents

are

not lo be distribuled outside your ogency.

3

_NW 68267 Docld:32989685 Page 394

---

## Page 395

MP 44-727

2

6.

Copies of Termination Notices of persons

from January 1, 1973, to the present who were fired at Pine

Ridge.

7. A copy of a letter from the Executive Committee

to the Personnel Director, dated May 5, 1973.

SHANGREAUX further advised that the Oglala Sioux

Tribe Executive Board advised him of the termination of the

above four individuals by letter and he does not remember any

oral conversation in reference to this matter.

He stated that appeals were made to the Appeal

Board in the prescribed amount of time by the above four

Individuals, however, the Appeals Board disqualified them-

selves and sent the matter back to the Oglala Sioux Iribe

Executive Board. He stated that the Executive Board never

received any letter from the terminated employees.

opies or the above letters, memorandum.

sooklets are being maintained in the Minneapolis file.

NW 68262 Docld:32989685 Page 395

---

## Page 396

FD-302 (REV. (T-27-70)

FEDERAL BUREAU OF INVESTIGATIC

Dole of transcription 10/0/73

OSCAR HOTLOW HORN, a resident of Wounded Knee, South Dalenta,

advised that he had been empload by the Office of Economic Conortunity, and

had been in charge of cocminating numerous community programs, and that he

had a personal staff, and dirnotly sunervised the staffs of each of these

coordinater prorrams,

Other than this information, HOLLOW HORN was unable

to provide a very complete descrintion of his activities or the nature of

his official duties,

The mein reason for this inability was his very apparent

lack of recollection.

HOLLOW HORN stated that he had never signed any petition calling

for the ouster of Tribal Officers, and the only list he can recall having

signed at any time was a list of names passed around at his aunt's wake.

The rake was in January, 1973.

HOLLOW HOPN was asked when his employment

was terminated, and he was unable to recall. Furthermore, he was unable

to recall whether his employment, was terminated before of after his aunt's

wake,

HOLLOW HORN was unable to provide any details regarding the reason

for his termination, excent to state that he was having some trouble atterding

staff mentings during the Woumed. Knee occuration, although he was free to

come and go as he pleages.,

HOLLOW HORN then stated that he had been placed on

a two-weet suspension after hoving received an oral arning, and he believed that

this suspension mas haced on his failure to atterd staff meetings bocause

there has been some inference to his annarent lock of interest in his job.

He did rot recall. if this reference was made during the pral warning by his

superiors or apneared in print.

He could not recall when this suspension

occurred, and eventually stated that he felt it may have occurred before the

Wounded Knee occupation, He has never anpeated this setion, because the idea

never occurrer to him to do so.

He does not anticipate making an anneal in the

future. Ho does not feel that there was discrimination directed at him, bat

at the same time, felt that his termination was unfair. His reason for feeling

it was unfair was that it was besed upon circumstances beyord his control,

namely, the inability to maintain a permanent residence neer his work, particularly

during the Hounded Knee occupation.

No more detailed information other than that set forth could be

obtained from HOLLOW HORN, because all of his recollections of pertinent

details

ware varue and disoriented.

HOLLOW HORN was not requested to

provide

a signed staterent to any of the information he provided. He stated

that he knew nothing of the case involving CHRADINE JANIS, and, therefore,

would have no testimony of value to offer in that matter,

Interviewed on_

10/3/73

or Pine Ridge, South Dakota

Fid#preapolis 44-727

SA FRED G. ROBTNETTE, III, and

by-

SA RICHARD B. STOTTS FGR/col

Date dicloled.

10/8/73

This document contins neither recommendations nor conclusions of the FBI. It is the properly of the FBi and is looned lo your agency;

I and lis contents ore nol lo be distribuled outside your agency.

NW 68262 Docld:32989685 Page 396

5

---

## Page 397

FD.302 (REV, 11.27-70)

FEDERAL BUREAU OF INVESTIGATIC

Dote of transcription...

10/9/73

ALVIN ZEPHIER, Employment Supervisor, ORlala Sioux Tribal Conneil,

Pine Ridge, South Dakota, advised that he had been a member of the Oglala

Sioux Tribe Personnel Policies Board, which is better known as the Evaluation

Committee, since June, 1972. His term of office lasted until April, 1973.

ZEPHIER advised that he was requesied to volunteer his services with no

remneration as a member of the Evaluation Committee, ard this rarest came

from the Executive Board of the Oglaia Sioux Tribe,

The sole purpose of the

Executive Committee is to insure that when job vacancies ocour, ail applicants

for the vacancies are fairly and equitably considered, and that no favoritism

or discrimination is shown in filling available jobs.

ZEPHIER stated that the

committee was originally formed as a reaction to wide-spread complaints by

members of the tribe to the effect that discrimination, favoritism, and

nepotism

were being practiced with regard to hiring of new personnel.

The committee has no authority to make recommendations or take any type of

action in promotions, demotions, or terminations. The committee has no real

appellate authority with regard to employee grievances or terminations.

ZEPHIER resigned fcom the committee after serving only ten months,

mainly because of threatening phone calls he had received from the irate father

of an applicant who did not get a job.

When the committee was originally

formed, it set up certain grading standards whereby each prospective applicant

coula

be numerically rated on the basis of the screening of his application

by members of the Executive Cormittee. The rating standans established by the

committee are the only formal guidelines or regulations governing the activities

of the committee. ZEPHIER advised that although the original request for his

services had been made by the Executive Board of the tribe, he believes the

exotro some on the

establishment of the committee was approved by resolution; of the Triba

Council.

In April, 1973, GERALDINE JANIS, a former employee of the Community

Health Representative Services of the Oglala Sioux Tribe, was fixed by action

of the Executive Road. The reason for this termination was JANIS' voCal

adiscation of the overthrow of the tribal government. This situation was

compounded by JANIS' activities, which included marching in demonstrations

and meeting with dissidents during workins, hours, having submitted no annual

Leave slips in connection with these activities. JANIS requested that the

Evaluation Committee hear an appeal regarding her termination and althouch the

committee made it clear that it did not have appellate authority in this matter,

it finally agreed to hear the case presented by JANIS and her attorney, whose

name is unrecalled. At the time, JANIS appeared to be mainly concerned with

being paid for the annual leave that she had accrued up to the time of her

termination. However, the Executive Board was in the process of determinine

Interviewed on..

10/3/73

o Pine Ridge, South Dakota

Fil Minneapolis 44-727

by.

SA FRED G. ROBINETTE, III, and

SA RICHARD B. STOTTS

FGR/cbl

_ Dole diciated.

10/8/73

This document conloins neither recommendations nor conclusions of the FBI. It is the property of the FBI and is loaned lo your agency:

il ond ils contents are nol to be distributed oulside your agency.

6

NW 68262 Docld:32989685 Page 397

---

## Page 398

MP 44-727

the amount of time that JANIS had spent in non-employment related activities

during working hours, so that her annual. leave balance could be appropriately

adjusted prior to comouting termination ray.

The decision of the Evalvation Committee was to disquality itself

from rendering a decision, and also to stand by the action of the Executive

Board in this matter.

ZEPHIER was personally present only for the first half of this

hearing, having nressing business in Rushville, Nebraska, and he set out to

attend to this business at the lunch-time adjournment of the hearing. He

consequently was not present for the final decision, but is in favor of

the action, and would

have voted with the committee in their decision,

ZEPHIER feels that the termination of JANIS was necessary, and

that at no time did he ever

suspect any unfair or purely discriminatory

attitudes or practices on the part of the Executive Boent or the Evaluation

Committee in their decisions

involving JANIS,

Recause of pressin? busines, and the inconvenience of the circim

stances in atterdine this interview, ZEPHIER was unable to provide a signed

statement, but stated that he would be very willing to testify at a hearing

iI necessary.

NW 68262 Docld:32989685 Page 398

---

## Page 399

FO-JUSTNEY. 11-41-101

()

FEDERAL BUREAU OF INVESTIGATIO

Dolo of transcription

10/7/73

be a are to one need, Mong pota gent on chae

of the identities of

an investigation is being conducted into the circumstances

surrounding the temination of the job of GERALDINE JANIS.

JACOBS stated that she is the individual who main-

tains the leave records for employees of her department.

She stated that FRANCIS KILLER of Vermillion, South

Dakota, is an accountant and that he was assisting her

organization in an audit.

ALMA L. JACOBS furnished the following list of

leaves taken by GERALDINE JANIS, MINERVA WALKS OUT, VICTORIA

WOUNDED FOOT and DELLA STARR:

Interviewed on.

10/2/73

Pine Ridge, South Dakota

SAS

DON E. WLATHERMON And

File #

by-

HERMAN J. LATTUS

HJL/rmd

Dale dicioled.

MP 44-727

10/6/73

This document contains neither recommendations nor conclusions of the FBl. Il is the properly of the FBl and is looned to your ogency;

il and ils contents are nol to be

distribuled oulside your ogency.

8

NW 68262 Docld:32989685 Page 399

---

## Page 400

NAME

Geraldine Janis

PAY PERIODS

1-29 thru 2-9-73

2-26 thru 3-9-73

(Employees signature or leave slips but

no supervisor's signature)

DATES TAKEN

2/6/73

3/27/33

3/8/73

hours

ANNUAL, LEAVE

8

hours,

SICK LEAVE.

OTHE:

Minerva Walks Out:

1-1 thru 1-12-73

1/5/73

3 (No employees signature on

leave slip)

1-15 thru 1-26-73

1/19/73

1/23/73

1-29 thru 2-9-73

1/31/73

2/6/73

2/9/73

2-26 thru 3-9-73

2/27/73

3/7/73

3/873

Victoria Wounded Foot: 1-1 thru 1-12-73

1-15 thru 1-26-73

2/26/thru 3-9-73

1/2/73

8

8

4

8 no leave slip

3 no leave slip

2:

4

4

8

1/18/73

1/19/73

4

2/27/73

2/28/73

3/1/73

2

8

8

(Leave slip signed for 16 hours Annual Leave on the 5th & 6th of February, but time sheet shows

80 hours worked)

DELLA STARR:

1-1 thru 1-12-73

1/10/73

1/8/73

4 (no employees signature)

4 (No „Emp1. Sig)

8

1-15 thru 1-26-73

1-29-73 thru 2-9-73

2

8

2 Comp

3 Comp

2-26 thru 3-9-73

& (no leave slip)

3-12 thru 3-23

8

For Pay Period 3/26/73 thru 4/6/73 shows all paid as 80 hours worked.

NW 68262 Docld:32989685 Page 400

---

## Page 401

FEDERAL BUREAU OF INVESTIGATION

1

Date of transcription.

10/7/73

nature of the interview.

She advised that she preferred not to sign anything

at this time, but would discuss the situation with the

investigating Agents.

She advised that she was hired for the job she

presently holds approximately the third week of August, 1973.

job was advertised by the Oglala Sioux

Iribal Personnel Section and that this position was described

and a notice was placed on the bulletin boards throughout the

Pine Ridge Reservation.

She stated that she applied for the position and was

notified that she was the individual who received the job.

She stated that the reason why she applied for this

job was that the salary was greater than her present position

she was holding.

She stated that she was in charge of the

books at the Manpower Department of the Office of Economic

Opportunity.

Interviewed on.

10/2/73

by-

SAS DON E. WEATHERMON and

HERMAN J. LATTUS

_at_

Pine Ridge, South Dakota

_File #.

Dowd

HJL/ rmd

_Date diciated.

MP 44-727

10/6/73

This document contains neither recommendations nor conclusions of the FBI. Il is the properly of the FBI and is looned to your agency;

It and ils conlents are not lo be distribuled oulside your agency.

10

NW 68262 Docld:32989685 Page 401

---

## Page 402

FD•302 (REV. TT -27:/01

FEDERAL BUREAU OF INVESTIGATIC

Date of transcription

October 7, 1973

CALVIN L. SHANGREAUX, JR., Personnel Director, Oglala Sioux

Tribe, Pine Ridge, South Dakota, provided the file relative to the case

Of GERAIDINE JANIS. Jhis file includes documentation such as a letter

dated April 5, 1973, to GERALDINE JANIS, Community Health Representative

(CHR) Program Coordinator, noting the effective date of her termination

as April 5, 1973, on the basis of a decision by the Executive Board of the

Oglala Sioux Tribe because of her demonstrations to overthrow the Tribal

Government.

The letter advised JANIS of her right to ampeal to the

Oglala Sioux Tribal Evaluation Committee.

A memorandum dated May 23, 1973, to the Executive Board from

the Personnel Director referencing appeals of GERALDING JANIS and

MINERVA WALKS OUT reflects that on Tuesday, May 22, 1973, the Evaluation

Connittee met on the appealing of Community Health Representative

personnel who has been terminated, with the resultant decision to ais-

• qualify itself from hearing any appeals pertaining to these cases and to

uphold the decision of the Executive Board regarding the termination of

these individuals.

Presiding

members of the Evaluation Committee were JOSEPH

POURRIER, Chairman of the Evaluation Committee, ALVIN ZEPHIER, and REVEREND

GUY F. RONDELL, both members of the Evaluation Conmittee. CALVIN SHANGREAUX

was also present at this hearing. SHANGREAUX provided repoductions of

certain letters and memoranda from this case file.

He further recalled that although there were five cases scheduled

to be heard on that date, JANIS and WALKS OUT were the only ones to appear;

the others were considered no contest and no further action was taken in

those cases.

SHANGREAUX stated that ALVIN ZEPHIER is no longer a member of

the committee, having tendered his resignation sonetine in April, 1973.

Current members are JOSEPH POURRIER, REVEREND GUY RONDELL, MICHAEL HAMM,

REVEREND RAY NC CUE, and ANITA MANN,

SHANGREAUX stated that there was no discriminatory action taken

against any of these persons and the terminations were handled "in the normal

course of Tribal business"e

There is nothing really unusual concerning the

Interviewed on 10/3/73

_o Pine Ridge, south Dakota

SA RICHARD B. STOITS

by-

SA FRED G, ROBINS, III/mjs fa

_File # MP 44-727

•Dole dicioled _

10/5/73

This document conloins neither recommendations nor conclusions of the FBI. Il is the properly of the FBI and is loaned to your agency;

it and its

contents are

nor lo be distribuled outside your agency.,

11

INW 68262 Docld:32989685 Page 402

---

## Page 403

MP 444-727

circumstances of these cases and SHANGREAUX was one of the members of the

Executive Board who felt that JANIS and others should be terminated from

12

NW 68262 Döcld:32989685. Page 403

---

## Page 404

FEDERAL BUREAU OF INVESTIGATION

Date of transcription-

October 7, 1973

CALVIN L. SHANGREAUX, JR., Personnel Director, Oglala Sioux

Tribe, Pine Ridge, South Dakota, provided the flle relative to the case

Of GERALDINE JANIS: This file incidos documentation such as a lattar

dated April 5, 1973, tO CHALDIME JINIS, Cosmnity Realth Rurresertairs

(CHR) Progran Gourdinatcr, noting the eiltutiva date of hez terriraiion

as April 5: 1973, on the basis of a decision by the Executive Board of the

Oglala Sioux Tribe because of her demonstrations to overthrow the Tribal

Governnent.

The letter advised JANIS of her right to appeal to the

Oglala Sioux Tribal Evaluation Comnittee.

A memorandum dated May 23, 1973, to the Executlve Board from

the Personnel Director referencing appeals of CURALDING JANIS and

MINERVA WALKS OUT reflects that on Tuesday, May 22, 1973, the Evaluation

Committee met on the appealing of Connunity Health Representative

personnel who had been terminated, with the resultant decision to dis

qualify itsell from hearing any appeals pertaining to these cases and to

uphold the decision of the Exeoutive Board regarding the termination of

these individuals.

Presiding nembers of the Evaluation Committee were JOSEPH

POURRIER, Chairman of the Evaluation Comnittee, ALVIN ZEPHIER, and REVEREND

GUY F. RONDELL, koth members of the Evaluation Committee. CALVIN SHANGREAUX

was also present at this hearing SHANGREAUX provided reproductions of

certain letters and memoranda from this case file.

He further recalled that although there were five cases scheduled

to be heard on that date, JANIS and WALKS OUI were the only ones to appear;

the others were considered no contest and no further action was taken in

those cases.

SHANGREAUX stated that ALVIN ZEPHIER is no longer a member of

the committee, having tendered his resignation somatime in April, 1973.

Current members are JOSEPH FOURRIER, REVEREND GUY RONDELE, MICHAEL HAMI,

REVEREND RAY 10 GUE, and ANITA MANN.

SHANGREAUX stated that there was no discriminatory action taken

against any of these persons and the terminations were handled "in the normal

course of tribal business". There is nothing really unusual concerning the

Interviewed on 10/3/73

- Pine Ridge, South Dakota

_File # IP 44-727

by-

SA RICHARD B. STOTTS

-SA ITED Go ROBINETTE, III/mjs

- Dote dictated _ 10/5/73

This document contains neither recommendations nor conclusions of the FBl. ll is the property of the FBl and is loaned to your agency.

Il ond its contents are

nol lo be distributed oulside your agency

• NWL68262 Docld:32989685 Page 404

13

---

## Page 405

464-727

circumstances of these cases and SHANGREAUX was one of the members of the

Executive Board who felt that JANIS and others should be torminated from

their jobs on the basis of their activities.

..14

NW 68262 Docld: 32989685 Page 405

---

## Page 406

FD-302 (REV. 17-21-/0)

FEDERAL BUREAU OF INVESTIGATIC

1

10/8/73

Dole of transcription

KAREN TRUEBLOOD, Secretary for the Office of

Economic Development, Pine Ridge, South Dakota, was advised

of the identities of

the interviewing Special Agents and the

nature of the interview.

She immediately advised that she preferred not to

sign anything, but would discuss the situation with the

investigating Agents.

TRUEBLOOD stated

" that she does not recall hearing

DICK WILSON, Oglala Sioux Tribe Chairman, say anything about

firing troublemakers and hiring his friends.

She stated that she has not been encouraged by anyone

and that she has received no promises or threats from anyone.

She stated that possibly LILLIAN CUNY, who works in the same

office, could possibly furnish more information in reference

to this situation.

Interviewed on_

10/3/73

__ Pine Ridge, South Dakota File #

MP 44-727

by-

SAS DON E. WEATHERMON and

HERIAN J. LATTUS HJL/rmd

_ Dote dictoted.

10/6/73

This document contains neither recommendollons nor conclusions of the FBI. Il is tha properly ol the FBI and is loaned lo your agency;

Il and ils contents are not lo be distribuled oulside your agency.

INW 68262 Docld:32989685 Page 406

15

---

## Page 407

FU-JUZIREY. TT-ZI-IUJ

FEDERAL BUREAU OF INVESTIGATION

1

Date of transcription.

10/8/73

DELMAR EASIMAN, Special Officer, Bureau of Indian

Affairs (BIA), Pine Ridge, South Dakota, was advised Of the

identities of the interviewing Special Agents and the nature

of the interview.

mation, but soN gavingt the he preferred to furnish infor-

He stated that he knows of no

record of the public

demonstrations at the BlA building in Pine Ridge from January 1,

1973, to June 31, 1973. He stated that there were so many

demonstrations that no record was kept and that in general,

these demonstrations were ignored since his efforts were focused

on the situation going on at Wounded Knee, South Dakota.

He stated that he remembers no arrest of any of

these individuals demonstrating at the BIA building in Pine

Ridge.

He advised that he remembers no authorization given

by any law enforcement officials to any of these demonstrators

at Pine Ridge. He advised that he does not remember receiving

any requests

from anyone requesting to conduct a demonstration.

Interviewed on 10/3/73

SAS DON E. WEATHERMON and

by-

HERMAN J. LATTUS HJL/ rmc

Pine Ridge, South Dakota File #

MP 44-727

_ Dale dicloled

10/6/73

This document contoins nelther recommendalions nor conclusions of the FBI. Il is the properly of the FBI and is looned lo your ogency;

il ond ils conlents are

not to be distribuled oviside your agency.

16

INV 68262 Docld:32989685 Page 407

---

## Page 408

FD 302 (REV. 11-27.70)

FEDERAL BUREAU OF INVESTIGATIO

Dole of transcription OCtOber &, 1913

EMMA T. NELSON, Treasurer, Oglala Sioux Tribe, Executiv‹

committee and Representative Board. Pine Ridge Reservation Council.

Pine Ridge, South Dakota, suosequent to the identification of the

interviewing Agents, was

advised of her rights concerning she Civil

Rights allegations made by GERALDINE JANIS, MINERVA WALKS OUT, DELLA

STARR, and VICTURIA WOUNDED FOCT concerning cernination from employ-

ment of these individuals from the Community Health Program on the

Oglala Sioux Indian Reservation by the Oglala Sioux Tribe Executive

Board on May 5, 1973.

NELSON at that time subsequently execated a waiver of

rights form and stated, "I don't think I'll answer any of your questions."

The following descriptive data was obtained through observation

and interview:

Name

Sex

Race

Date of Birth

Place of Birth

Residence

Employment

EMMA T. NELSON

Female

Indian

September 22, 1916

Pine Ridge,

South Dakota

Pine Ridge, South Dakota

Treasurer, Oglala Sioux Tribe, Pine Ridge,

South Dakota

Interviewed on.

by

10/3/73

SA DEAN HOWARD HUGHES

SA FREDERICK COWARD, WR./mjs

-a Pine Ridge, Sauth Dakata

_Filo # MP 44-721

_ Dole dicioted.

10/5/73

This document contoins neither recommendations nor conclusions of the FBl. Il is the property of the FBl and is loaned to your agency;

it and its contents

nor lo be distributed oulside your agency.

NW 68262 Docld:32989685 Page 408

17

---

## Page 409

FEDERAL BUREAU OF INVESTIGATIC

Dale of transcription October &, 1973

EMMA T. NELSON, Treasurer, Oglala Sioux Tribe, Executive

Sommittes and Representative Boaid, Pine Ridge Reservation Council,

Pine Ridge, South Dakota, subsequent to the identification of the

Interviewing Agents, was advised of her rights conceming the Civil

Righte allegationg made by GERALDINE JANIS, MINERVA WALKE OUT, DELLA

STARRy and VICIORIA WOUNDED 500% concering termination tron employ

nent of these individuals frow the connucity Health Program er. the

Oglala Sioux Indian Reservation by the Oglala Sioux Tribe Executive

Board on May 5, 1973.

NEESON at that time

subsequently executed & waiver of

rights for and stated, "I don't think I'll answer any of your questions."

The following descriptive data was obtained through observation

and interview:

Name

Sex

Race

Date of Birth

Place of Birth

Residence

Employment

EMMA T. NELSON

Female

Indian

September 22, 1916

Pine Ridge, South Dakota

Pine Ridge, South Dakota

Treasurer, Oglala Sioux Tribe, Pine Ridges,

South Dakota

• .

Interviewed on.

by.

10/3/73

SA DEAN HOWARD HUGHES

SA FREDERICK COWARD, JR./m19

-"-Pine Ridge, South Dakota

_File #-1P-44-727

_ Dole diciated

10/5/73

This document contains neither recommendalions nor conclusions of the FBl, ll is the property of the fBl and is loaned lo your agency;

it and ils contents are not la be distribuled outside your agency.

18

IN. 68262 Docld:32989685 .Page 409

---

## Page 410

¿EDERAL BUREAU OF INVESTIGATIO

(1)

Doro of transcription October 8,

1973

RICHARD (DICK) WILSON, Chairman of the Oglala Sioux Tribe,

Pine Ridge Reservation, Pine Ridge, South Dakota, subsequent to the

identification of the interviewing Agents, was advised of his rights

concerning the Civil Rights allegations made by GERALDINE JANIS,

MINE WAS I, A STARRE MINE MEE FOOT COLETTiNE

termination from employment of these individuals from the Community

Health Frogram on the Oglala Sioux Indian Reservation by the Oglala

Sioux Tribe Executive Board on May 5, 1973.

WILSON at this time advised that he wanted to consult his

attorney, PATRICK LEE, the Oglala Sioux Tribal Attorney, Pine Ridge,

South Dakota, before executing the Advice of Rights form. WILSON

subsequently advised interviewing Agents that he understood his rights

but stated, "I guess I won't sign this form and I will answer your

questions but only from the official record which has been prepared by

the Oglala Sioux Executive Committee."

WILSON during the interview

furnished Agents with the minutes of the Executive Committee meeting

WILSON advised that the concurring opinion of the board

members recommending termination of these individuals was based on the

fact that the public demonstrations by these individuals disrupted the

operation of the Tribal office.

WILSON advised that a copy of the minutes

of the Executive Committee meeting, April 4, 1973, sets out the decisions

and recommendations of the board members.

WILSON furnished interviewing Agents an office memorandum of

the Oglala Sioux Tribe, April 5, 1973, giving notice that all of the

above-mentioned individuals had been terminated from their position as

Community Health Representatives, effective April 5, 1973. In addition,

WILSON furnished interricwing Agents letters to GERALDINE JANIS, MINERVA

WALKS OUT, DELLA STARR, and VICTORIA WOUNDED FOOT fIOM CALVIN L. SHANGREAUX,

JRo, Personnel Director, May 15, 1973, indicating dates for appeal

for these individuals.

WILSON advised that the Evaluation Committee of the

Oglala Sioux Tribe disqualified themselves in this hearing and referred

the above matters back to the Oglala Sioux Tribe Executive Board. WILSON

interviewed on

_10/3/73

o Pine Ridge, South Dakota

_File.#

MP 44-727

: by-

SA DEAN HOWARD HUGHES

SA FREDERICK COWARD, R.mis

_ Date dictated 10/5/73

This documen contoins neither recommendalions nor conclusions ol the FBI. Il is the properly of the FBl and is looned lo your agency:

il and ils conlonis are nol lo be distribuled oulside your ogen

19

-NW. 68262_Docld:32989685 Page 410

-..

444790

---

## Page 411

(2)

MP 44-727

stated that no action has been taken on the above-mentioned

individuals' appeals at this time as of June 19, 1973, these individuals

have been requested to notify the Executive Board in wiiting with their

intentions and to date, these individuals have not done sos

WILSON advised that the secretary to the Oglala Sioux

Executive Board is LLOYD "TOBY" EAGLE BULL and that EMMA NELSON is

the treasurer of the Oglala Sioux Tribe.

WILSON advised that as a board member to the College Center,

Board of Directors, he does not have as an individual the authority to

hire, promote, demote, suspend, or terminate employees.

WILSON, in

addition, advised that he has not hired any new personnel for the

College Center, particularly bookkeepers, since July 1, 1973, and

reiterated the fact that as a board member he does not possess this

authority and that hiring of personnel can only be performed on board

authority. WILSON advised that he does not possess any personal knowledge

of any new personnel being employed or hired for the College Center or

any termination of individuals since July 1, 1973. WILSON advised

that he did not possess any information on any individuals suspended of

terminated since July 1, 1973. WILSON advised

that he is familiar with

CARMAL MEANS and stated that he does not possess any knowledge or informa-

tion concerning an alleged promise to CARMAL MEANS concerning a job at

the Pine Ridge College Center with a higher salary.

At the conclusion of the interview, WILSON furnished inter-

viewing Agents with the following copies:

Termination notice to GERALDINE JANIS, April 5, 1973

Termination notice to VICTORIA WOUNDED FOOT, April 9, 1973

Termination notice to DELLA STARR, April 9, 1973_

Termination notice to MINERVA WALKS OUT, April 9, 1973

Termination notice to ELLEN MOVES CAMP, April 9, 1973

Termination notice to EMMA BORDEAUX, April 9, 1973

WILSON, in addition, furnished to Interviewing Agents a

copy of an Oglala Sioux Tribe Personnel Office memorandum, dated April 17,

1973, concerning the termiuation of Community Health Representative

• Employees as listed above.

20

NW 68262 Docld:32989685 Page 411

---

## Page 412

FEDERAL BUREAU OF INVESTIGATION

(1)

Date of transcriplion October Z, 1973.

JOSEPH POURRIER, SR., Pine Ridge, South Dakota, advised that

he is one of five members of the Oglala Sioux Tribe Personnel Policies

Board, which is more comnonly known as the Evaluation Committee,

POURRIER has been with the Evaluation Connittee since February,

1972,

and he was selected for service on this committee by the Executive Board

of the Oglala Sioux Tribe:

"POUPRIOR and the other four nenlers were all asked If thay

would volunteer for service with this committee. In each instance, the

approach was made by a member of the Executive Board, and POURRIER

believes that the Evaluation Committee was approved by the Tribal

Council by means of a resolution,

The Evaluation Comnittee was established because of a series

of complaints by nembers of the tribe to the effect that discrimination,

favoritism, and nepotism were being practiced to a great extent in the

hiring of persons for Iribal jobs.

The committee has developed a system

for screening applications for available jobs and scoring all applicants

• for a job in an equitable manner so that the person most qualified to fit

the position opened is selected. The committee sets out a list of qualified

applicants for each job opening, listing the applicants by their rank and

the application evaluation. A number one person is therefore selected for

the job, but 1s subject to a 90 day probationary period during which time

the applicant can be fired as unsatisfactory in which case the number two

applicant on the list fox that position would be hired. The committee

makes no recommendations and takes no actions direct or indirect regarding

pronotions, demotions or terminations. Their activities are confined

strictly to insuring that fair and equitable hiring proceedures are followed:

within the Oglala Sioux Iribe.

POURRIER advised that he recalled the termination of GERALDINE

JANIS from her job as Community Health Services Representative and his

recollection was that she had been fired by the Executive Board of the

Oglala Sioux Irike because of her open defiance of the Executive Board, her

stated desires to overthrow the current Tribal Council and the faot that

she participated in many demonstrations, meetings, and conferences with

militant American Indian Hovenent (AIM) personnel during working hours, and

did not submit Annual Leave slips for these periods of time, POURRIAR

recalled that in April, 1973, JANIS appeared at the Evaluation Committee

hearing with a Fublic Defender, name unrecalled, for the purpose of repealing

her case. The committee had advised JANIS that the Executive Board was

Interviewed on 10/3/73

SA RICHARD B. STOTTS

by.

SA FRED G. ROBINÜTIE, III/mja

-Pine Ridge, Sauth Dakota

_File #_ISP 146h727

_ Date dictaled _

10/5/73

This document contains neither recommendations nor conclusions of the FBl. Il is the property of the FBi and is loaned to your agency;

Il ond ils conlenis ore not to be distributed oulside your agency

21

NW.68262. Docld:32989685 Page 412

---

## Page 413

MP 44-727

responsible for her termination and inasmuch as te Executive Board was a

higher authority than the Evaluation Comnittee, the actions of the Boara

could not be appealed to this lower authority.

However, JANIS was

insistent so her appeal was heard by JOSEPH POURRIER, REVERAND GUY RONDELL.

and ALVIN ZUPHIER, noting that these three menbers of the committee

constituted a quorum.

Also present was GALVIN SHANGREAUX, tha Personnel

Director of the Oglala Sioux Irlbe. At the conclusion of

the hearing, the

committee voted unanimously to advise JANIS that the committee would dis-

qualify itself from making any recommendations on this case for reasons

previously stated.

POURRIER recalls that the main thrust of the JANIS appeal was

payment for accrued Annual Leave. However, at the time, ElMA WILSON, a

member of the Executive Board, was in the process of determining how

much on the job time was spent by JANIS in non-employment related activities

so that this time could be deducted on her balance of accrued Annual Leave

for the purpose of determining how much termination pay JANIS was entitled

to receive.

22

NW 68262 Docld:32989685 Page 413

---

## Page 414

FD:302 (REV. 11-27-70)

3

FEDERAL BUREAU OF INVESTIGATI

Dale of transcription...

10/10/73

CARMEL MEANS was contacted at Wounded Knee, South

Dakota, at the residence of BARBARA MEANS and was advised of

the identity of the interviewing Agents as Special Agents of

the Federal Bureau of Investigation (FBI), and that the

nature of the interview was relating to a civil rights inves-

tigation, CARMEL MEANS made the following subscribed signed

statement:

"October 4, 1973

"I, Carmel Means, maiden name Cuny, P. 0.

Porcupine, South Dakota, and have completed

Bo to 2 years in a business college, in education,

and make this free and voluntary statement to David

R. Keller and Thomas J. Searby who have identified

themselves to me as special agents of the Federal

Bureau of Investigation.

"I was employed by the Office of Economic

Opportunity as a Fiscal Manager at a salary of

$9780.00 per year and have been employed by the office

of Economic opportunity since August, 1968.

"Sometime in June, 1973 Jim Hamm and Tony

Fresquez who both were

administrators at the Lakota

Higher Education Center also know as the College

Center advised me that if I resigned the job from

the office of Economic Opportunity I could go to work

at the College Center.

On the same date in June 1973

Tom Tobin also an administrator for the College Center

said that the Board of Directors wanted only me to

work up there at the College Center.

"Before resigning the office of Economic Opportunity

it was agreed with Tony Fresquez after giving two weeks

notice to the office of Economic Opportunity I would be

given a job at the College Center as a bookkeeper at

$10,000 salary per year.

"I resigned the job for the Office of Economic

opportunity on July 20, 1973 and started work at the

callege center on July 23, 1973 and warked until July 24, 1973.

Interviewed on_

10/4/73

by_

_ Wounded Knee, South Daketal #_ MP 44-727

SAS DAVID R. KELLER and

THOMAS J. SEARBY DRK/mbw

_ Dole dicloted

10/8/73

This document conloins neither recommendations nor conclusions of the FBl. Il is the property of the FBI and is loaned so your ogency;

it and

its contents

ore not lo be distribuled outside your agency.

•

23

NW 68262 Docld:32989685 Page 414

---

## Page 415

MP 44-727

"On July 24, 1973, I received permission

from Tony Fresquez to take the morning off to go

get a different car.

"My sister Lillian took me to the bank on

July 24, 19/3 and aiter waiting Ior me at the bank

she took me to Rushville, Nebraska to see lI

could purchase a car there. After finding out I

would be able to get the car, she returned to work.

I got the car and returned to work at the College

Center, I called my sister Lillian at her office

and she told me what Dick Wilson was saying about

him pulling a good one on me. Meaning that he had

Dick Wilson also said that he

was getting ready for re-election and was getting

rid of all the people who weren't for him.

After

I finished talking to her on the phone I waited

for Tony Fresquez to come back into the office.

When he came back into the office I asked him what

was going on.

He said "Dick is the one that is

raising hell!! I went back to work then and worked

for the rest of the day.

"On July 25, 1973, I called Tony Fresquez and

told him

that

was not going to work because the

Board of Directors did not approve of me working

there at the College Center so I was

just going to

quit. Tony Fresquez told me that the Board of

Directors were having a meeting on August 9, 1973

to confirm the job as a bookkeeper for the College

Center. I did not go to this meeting on August 9,

1973 because I felt it wouldn't do any good to try

to get the job when Dick Wilson was on the board and

we were told several times that Dick Wilson was

going to get rid of us, (Lillian and I).

"I believe I was enticed to resign my job at

the office of Economic Opportunity so the job of

Fiscal Manager at the office of Economic Opportunity

could be given to one of Wilsons' supporters. The

position I held at the Office of Economic Opportunity

was given to Helen Polmier.

As far as I know no one

has replaced me at the College Center as the bookkeeper.

24

NW 68262 Docld:32989685 Page 415

---

## Page 416

MP 44-727

:

"Sometime in early March, 19/3 my name was on th

petition to get rid of the Iribal Council. I fee

that because I signed the petition is the reason that

Dick Wilson did not want me to work for any Tribal

Programs.

"I have read and written the above signed statement

consisting of 3 pages and it is correct

• and true.

"/s/ Carmel Means

25

NW 68262 Docld:32989685 Page 416

---

## Page 417

FD-302 (REV. 11-27•70)

FEDERAL BUREAU OF INVESTIGATIC

10/10/73

Date of transcription.

BARBARA ANN MEANS, Wounded Knee, South. Dakota,

made available to Special Agents (SAs) of

the Federal

Bureau of Investigation (FBI), on October 4, 1973, the

following:

A carbon copy of a memorandum dated March 29,

19/3, tO BARBARA MEANS frOm SIDNeY I. WIlL, ProseCutor,

subject Notice of Suspension.

The body of

this memorandum

consists of the following information:

"This is to advise you that March 8, 1973

participation in a public demonstration advocating the

overthrow of the duly elected government of the Oglala

Sioux Tribe, compromises the sensitive position of Clerk

of Courts.

lala siow have ento the engine bo

• dismissal.

"You are hereby suspended from the position

of Clerk of Courts pending a meeting of the Executive

Board on my

recommendation, that you be permanently

terminated.

"Signed /s/ Sidney I. Witt

Prosecutor O.S.I. Court"

BARBARA MEANS also made available to SAs of the

"Dear Mrs. Means,

"This letter is being written at you request to

summarize your health.

"On January 16 of this year, your fractured forearm

was treated in the emergency room at the Rushville Community

Interviewed on.

by-

10/4/73

SAS DAVID R. KELLER and

THOMAS J. SEARBY, JR.

Wounded Knee, South Dakota ile #

MP 44-727

DRK/mbw

Dole dictaled.

10/8/73

This document contains neither recommendations nor conclusions of the FBI. Il is the properly of the FBl and is loaned to your agency:

11 ond lis contents

nol lo be distribuled oulside your agency

26

NW 68262 Docld:32989685 Page 417

---

## Page 418

MP 44-727

Hospital and a follow up since that time has shown satisfactory

resolution of this problem and examination on May 25, 1973

showed good range of motion of this joint, however not yet

completely recoverca as comparce to the ulher haro.

NE expect

that over the next few months. that the freedom of movement in

this jointwill improve.

"A physical examination on 5-25-73 shows no evidence of

contagious disease and normal heart,

lungs, abdomen and nervous

systom. Urinalysis is within normallimits, blood pressure 120/70.

"I would therefore conclude that your health at this

point and time is quite good and should in no way interfere with

the performance of your duties as a court clerk.

"Sincerely Yours

/s/ Donald Guenther M.D."

In addition, BARBARA MEANS also made available a

xerox copy of the minutes of the Executive Committee meeting

held on April 4, 1973.

The following information concerning the dismissal

Of BARBARA MEANS as the Clerk of Courts is quoted from the

minutes of the Executive Committee meeting:

"MEMORANDUM FROM OST COURT PROSECUTOR - The following memorandum

was considered by the Executive Committee:

March 19, 1973

TO:

Executive Board

FROM:

sidney Witt. Prosecutor, OST Court

SUBJECI: Dismissal of Barbara Means as Clerk of Courts

I am recommending that Barbara Means be removed from the

as Clerk of Courts for conduct unbecoming a public official. bo

March o, 19/3 she participated in a public demonstration advocating

the over throw of the elected government of the Oglala Sioux Tribe.

I would also like to recommend that Ivy Goings who is presently

Deputy Clerk of Courts be promoted to fill the position left

27

INW 68262 Docld:32989685 Page 418

---

## Page 419

MP 44-727

vacant by Barbara Means dismissal.

/s/ Sidney T. Witt

Prosecutor

The Executive Committee unamincusly voted to accept the

recommendation to terminate Barbara Means as Clerk of

Courts effective March 19, 1973.

The Executive Committee also promoted Ivy Goings to

fill

the position as Clerk of Courts effective March 19, 1973."

28

NW 68262 Docld:32989685 Page 419

---

## Page 420

FE

RAL BUREAU OF INVESTIGATION

Dato of transcription

October 8, 1973

LILLIAN CUNY was contacted at her place of

employment, where she is a bookkeeper in the Office of

Economic Opportunity (OEO), Pine Ridge Indian Reserva-

tion, line Ridge, south dakota, and alter being advised

of the official identities of the interviewing Agents,

provided. the following information:

CUNY advised that she preferred not to furnisn

any signed statement at this time but would discuss the

matter in detail with the interviewing Agents.

CUNY stated her address is Post Office Box 66,

Porcupine, South Dakota, and that she had been so em-

ployed as

a bookkeeper for OEO since October, 1972.

CUNY stated she did not hear any statement made

by DICK WILSON regarding his starting a campaign for re-

election as Tribal Chairman and that he would fire his

enemies and hire his friends.

CUNY advised she had been asked to terminate

her present employment on the two following occasions:

JOHN HUSSMAN, Project Recovery Director, Pine

Ridge Indian Reservation, had asked her to quit her present

job and apply for an accounting position with the Indian

Moccasin Factory located at Pine Ridge. She advised HUSS-

MAN told her to apply for this new job through NICKY HAMM,

Director of the Moccasin Factory.

One other occasion BRIAN BREWER, Director for

the Lakota Higher Education Center, Porcupine Extension,

had in the past encouraged her to apply for bookkeeper

Ior the College Center Extension Located at Porcupine,

She advised at one time she was interested

in this position since she would not have to commute to

work, but that the salary was less and she was not really

interested in obtaining this position at the present time.

Interviewed on _

10/4/73

by -

-o Pine RIdge, South Dakota File H

SA DON E. WEATHERMON and

SA: HERMAN J. LATTUS/crV

Date dictated

MP 44-727

10/4/73

• This document contains neither recommendations nor conclusions of the FBI. It is the property of the FBI and is loaned to

your agency; it and its contents are not to be distribuled outside your agency.

29

NW 88262 -Docld:32989685 Page 420- *

---

## Page 421

ThR 44-727

CUNY advised these are the only two occasions

which she could recall someone encouraged her to termi-

nate her present employment to seek other employment.

30

1-NW-68262-DoGld:32989685 Page.421

---

## Page 422

ERAL BUREAU OF INVESTIGATICE

Date of transcription

October 8, 1973

ANTHONY JOSEPH FRESQUEZ was contacted at his

place of employment and after being advised of the

official identities of interviewing Agents, furnished

the following information:

FRESQUEZ advised that he preferred not to

furnish any signed statèment at this time but would

discuss the matter in detail with the interviewing

Agents.

FRESQUEZ advised he is Executive Coordinator

of the Lakota Higher Education Center, better known as

the College Center located at the Pine Ridge Indian

Reservation, Pine Ridge, South Dakota. FRESQUEZ advised

he has been

so employed

since July, 1971, and his local

address was Post Office Box 332, Pine Ridge, South Dakota.

FRESQUEZ advised with regard to the hiring and

firing of CARMEL MEANS as bookkeeper for the College

Center, he believed that MEANS was initially contacted

regarding the position of bookkeeper by FRANCIS KILLER,

who was a private accountant who the College Center con-

tracted to conduct an audit of their fiscal records during

the Summer of 1973.

FRESQUEZ advised that KILLER stated

that CARMEL MEANS was a bookkeeper and that the College

Center needed a permanent bookkeeper.

FRESQUEZ advised his initial contact with CARMEL

MEANS was when she telephonically contacted him regarding

the position of bookkeeper and he told her if she would

apply then she would have just as good a chance as anyone

who applied for a position.

FRESQUEZ stated MEANS subse-

quently submitted an application and approximately one

week later he telephoned her and advised her to come to

work. FRESQUEZ advised MEANS reported to work the following

Monday, July 23, 1973, and was employed until the morning

of July 26, 1973, when she telephoned him and advised that

she was resigning her position because she understood there

was some opposition to her working at the College Center.

Interviewed on -

10/4/73

_a Pine Ridge, South Dakota File # _

MP 44-727

SA DON E. WEATHERMON and

by -

SA HERMAN De FAITUT

Date dictated

10/4/73

This document contains neither recommendations nor conclusions of the FBI. It is the property of the FBI and is loaned to

your agency; it and its contents are not to be distributed outside your agency.

31

NW.68262,Docld:32989685, Page 422.

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## Page 423

2

MP 44-727

FRESQUEZ advised the normal procedure for

hiring and tiring di College Center employees is lor

a Board of Directors consisting of eight members to

review each application and recommend who should be

hired.

FRESQUEZ continued by advising when a vacancy

needs to be filled, it is announced and the staff at

the College Center does the initial screening of all

the applicants and then this recommendation is relayed

to the Board of Directors. He advised approximately

80 per cent of the staff's recommendations are approved

by the Board of Directors.

With regard to CARMEL MEANS' employment,

FRESQUEZ advised Mr. JAMES HAMM, Acting Director for the

mentee Rest, advised Means was the best qualified

authorized him to offer MEANS employ-

applicant for the position and due to the urgency of the

job, she was hired

before the Board of Directors officially

met

and voiced their approval.

FRESQUEZ advised MEANS'

application would have been officially presented before

the Board of Directors at their next official meeting,

but that MEANS resigned prior to this happening.

FRESQUEZ

advised although MEANS' application was not officially

presented before the Board of Directors for approval prior

to her obtaining employment, this was not unusual as

several other employees had

been so hired by the College

Center.

FRESQUEZ advised he did not specifically state

for MEANS to terminate her employment with the Office of

Economic Opportunity (OEO) and apply for the bookkeeping

job at the college Center, but he probably implied that

in order for her to obtain the bookkeeping position she

would have to terminate her employment with OEO.

FRESQUEZ advised the position of bookkeeper at

the College Center is a merit job inasmuch as the Oglala

Sioux Tribe has a merit system.

FRESQUEZ stated no one instructed them (himself

and HAMM) to offer MEANS employment at the College Center.

32

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## Page 424

rod

MP 44-727

He advised the Center needed a bookkeeper and this position

was merely being filled. FRESQUEZ concluded by advising

that at present the Center still does not have a bookkeeper.

3

1 NUX 68262 Docld: 32989685 Page 424

paro

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## Page 425

FEDERAL BUREAU OF INVESTIGATIO

Date of transcription

10/8/73

BARBARA ANN MEANS

Wounded Knee, South Dakota,

was contacted and advised of the identities of the interviewing

Agents as Special Agents ni the Federal Bureau of Investigation

(FBI) and that the nature of the interview was concerning a

civil rights investigation.

BARBARA ANN MEANS furnished the following sub-

scribed signed statement:

"October 4, 1973

"I, Barbara Ann Means, Wounded Knee, South

make this a free and voluntary statement

Do Day la Re Keller, and Thomas J. Searby, Jr., Who

have identified themselves to me as Special Agents

of the Federal Bureau of Investigation.

"In January, 1969 to November 1969, I was

employed with the office of Economic Opportunities,

as a Community Service Coordinator, at Manderson,

south Dakota. Salary was $6,800.00 per annum.

I was unemployed.

gone to work at the Court house under the presidency

of Gerald One Feather, as Deputy Clerk of Court

at $5,400200 per year. On Sept. 14, 1971, 1 was

transferred to David Long's Office - from Hobart

Keith's Office, who was Chief Judge.

I continued

as Deputy Clerk of Court while I worked in Dave

Long's office.

"On January 10, 1972, I took the job of

Clerk of Court for the Oglala Sioux Iribe at

$7,000.00 per annum.

"On the morning of January 16, 1973, I broke

my arm in four places and took sick leave for rest

of the week. The following Monday, January 22, 1973,

Interviewed on_

10/4/73

_Wounded Knee, South DakotAl #_

MP 44-727

SAS THOMAS J. SEARBY

JR. and

by-

DAVID R. KELLER.

(DRK/ rma

_Date diclaled.

10/8/73

This document contoins neither recommendations nor conclusions of the FBl. It is the properly of the FBI and is looned lo your ogency;

Il ond ils conlents are nol to be distribuled oulside your agency

34

NW 68262 -Docld:32989685 Page 425

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## Page 426

MP 44-727

2

"Theodore Tibbitts asked me to report to work to

February 2, to February 6, 1973

annual leave and 9 hours

sick leave.

Judge) On January 22, 1973, 1 told Mr.

Iibbitts that a Doctor Donald Guenther, M.D.

Rushville, Nebraska, that I was to wear a cast

until June 1, 1973. I had made arrangements

with Tibbitts

during the last week' of work - Jan

22, to Feb 1, 1973, that I would be on Sick Leave

according to DI. Guenther's advisement.

(Sick

Leave Ior feb. 1, 1973 to June 1, 1973). I had

gotten permission from Sidney Witt and Emma Nelson.

"On February 27, 1973,

I was in front of

the Court house when

Dick Wilson came over and

started an argument with me. This concerned

the Health Aides, Ellen Moves Camp, Geraldine

Janis, Della Starr, and others, who were

employed by Health,

Education and Welfare, at

Pine Ridge, South Dakota. 'Dick Wilson,

'advised

me that, he ordered his men to bump

them off' and further stating that what he

meant by 'bumping them off'- he said

• to kill

them'.

I advised him that if he was man enough

(Dick

Wilson - he should go to Wounded Knee to

negotiate with the members of the Civil Rights

Organization (Indian people). Wilson stated:

•I didn't know thats what you thought of me'.

Dave Steele arrived which seemed to conclude

the argument. I then shouted at Wilson that a

lot of innocent people and children were going

to sutter on account of this, referring to

WIlson's refusal to do anything.

"On March 6, 1973, Delores Swift Bird, Iouis

Bad Wound and myself - came up with a pelition

for the Oglola Sioux people to the Secretary of

35

NW-68262. Docld:32989685 Page 426

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## Page 427

MP 44-727

3

"Interior for a referandum vote to suspend and

revoke the present constitution and By laws of

-he Oglola Sioux Tribe and to establish a ne

form of govermment.

From March 6; thrü a period

of three weeks, I was involved in the continuing

of a Public Demonstration on the luwn of the 5.I.

A. building.

Authority was granted by kent

Frizzel and Mr. Stooler, of the justice Depte,

Del Eastman and Stanley Lyman, B.I.A., in connection

with the petition.

"On March 29, 1973, I had received a notice

of suspension and

ing a meeting with the Tribal Executive Board.

Mr. Witt, according to his memo dated 3/29/73,

he had recommended the Executive Board for my

immediate dismissal. I have never heard of any

action taken from the Tribal Executive Board to

date.

•"On June 5, 1973, I had gone to Sidney

Witt's office in Pine

Ridge, along with Dave

Williams, WK Legal Defense attorney, Delores

Swift Bird, Geraldine Janisi had advised Witt

Victoria Wounded Foot

and Josephine Bissonette.

that I had been suspended but have never heard

anything else from the executive Board.

Witt

stated that he was not the person to fire me and

besides he had never heard

anything on my sus-

pension or dismissal.

He also stated that he had

recommended my dismissal on the grounds of 'conduct

unbecoming a public offical'

'On March 8, 1973,

she participated in a Public demonstration ad-

vocating the over throw of the elected government

of the Oglola Sioux Tribe.

called the Tribal Office and asked for a copy of

the Minutes of April 4, 1973, then I was given a

copy of this meeting.

36

NW 68262-Dosld:32989685 Page 427

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## Page 428

'MP 44-727

4

..=

"Further, I have two years of college and

have gone back to Chadron State college,

Chadron, Nebraska.

I have read the above signed

statement and to

• the best of my knowledge know

it to be true and correct.

"/s/ Barbara Ann Means

"Witnesses

"/s/ David R. Keller,

SA, P.B. 1. 1074/730/473

NW- 58262--Docld: 34989685 Page, 428

37

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## Page 429

FD-SUZTREV. IT-LIUJ

FEDERAL BUREAU OF INVESTIGATIP

Date of transcription

10/8/73

JAMES ANDREW HAMM, Acting Director, Lakota

higher education Center,

Box 426, Pine Ridge, South

Dakota, was contacted at his place of employment anc

after being advised of the official identities of the

interviewing Agents and the nature of the invesüiga-

tion, furnished the following information:

HAMM advised that he preferred not to furnish

any signed statement at this time but would discuss the

matter in detail with the interviewing Agents.

HAMM advised that he had been so employed as

Acting Director, Lakota Higher Education Center, better

known as Education Center, since July, 1973, and that

his mailing address was General Delivery, Porcupine,

South Dakota.

HAMM stated that the Education Center had been

without a bookkeeper since June, 1973 and since July 1,

1973, was the beginning of a new fiscal year, the Center

was interested in obtaining someone for the position of

bookkeeper.

HAMM advised that to the best of his recol-

LeCtIOn, FRANCIS KILLER, a private accountant contracted

to audit the Center's fiscal records, was probably the

first individual to recommend CARMEL MEANS

for the position

of bookkeeper.

one day when he was at the Office of Economic Opportunity

(OEO) and he personally asked MEANS if she was interested

in the position of bookkeeper for the Center. He told her

if she was, she should apply for the job. During this

meeting MEANS gave HAMM the impression that she was un-

happy with her job at OEO and was planning on quitting

sometime in the near future.

The only other contact HAMM had with MEANS was

sometime later when he told her that the Center was in

need, of a bookkeeper right away and if she was going to quit her

Interviewed on.

10/5/73

Pine Ridge, South Dakota

__File #

SA DON E. WEATHERMON aNd

by-:

SA HERMAN J. LATTUS/CIV

Dale dicloted

MP 44-727

10/8/73

This document conloins neither recommendations nor conclusions of the FBl. Il is the properly of the FBI and is looned to your agency:

il ond its conlents ore not lo be distribuled oulside your agency.

NW 68262 Docld:32989685 Page 429

33

---

## Page 430

2

MP 44-727

job at OlO, she should apply. HAMM advised her at this

time that the position would be temporary until such

time that the Board of Directors could officially neei

and approve her position. HAMM advised that MEANS

applied and came to work on a following Monday with the

understanding that her position was temporary until the

Board's approval.

HAMM advised that on about the third or fourth

day MEANS called TONY FRESQUEZ and told him she under-

stood that there were going to be problems concerning

her employment and,

therefore, she did not want the

position.

HAMM advised there was no written resignation

submitted since MEANS' position when hired was temporary.

He advised at the next Board of Directors meeting MEANS'

application was not submitted since she had resigned and

of the four or five other applicants the Board decided

none were qualified and to date the Center still does not

have a permanent bookkeeper.

HAMM advised he did not advise MEANS that she

was fired and that he tried to make it perfectly clear

at the time of her employment that the job was temporary

until such time that the Board could approve it.

HAMM advised that this hiring procedure was

normal in that the staff at the Center and the Board of

Directors had somewhat of a verbal understanding that the

Center could temporarily hire someone when the need dictated

it and the Board would act on that hiring at a later date.

HAMM advised the proper procedure for hiring

employees is that an announcement of a vacancy is made,

applicants make an application and then the Board of

staff at the College Center ordinarily makes some recom-

mendations but that the Board of Directors has the final

say in these matters.

HAMM advised to the best of his knowledge the

position of bookkeeper at the College Center is not con-

sidered a merit system position such as those used by the

Tribal Council.

• •

39

NW 68262. .Docld:32989685 Page 430

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## Page 431

MP 44-727

HAMM advised no one instructed him to offer

MEANS employment at the College Center and that the

only recommendation he had was from FRANCIS KILLER.

40

NW 68262 Docld: 32989685 Page 431,

- rone.

legenon or parado, a

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## Page 432

FEDERAL BUREAU OF INVESTIGATIO

1

Date of transcription.

10/10/73

ELMER LA FOINIE, ACting Area Community Health

Representative and Program Coordinator for the Indian Health

Service, United States Public Health Service, Aberdeen, South

Dakota,

furnished the following information:

He is not employed by the Burcau of Indian Arfairs

and has had his present position with the United States Public

Health Service since Januaiy, 1973.

He has never met GERALDINE JANIS, however, he knows

her through telephonic contact.

He recalls having telephonic conversation with

JANIS in which he discussed with her the matter of demonstrating.

He is certain that this call had as its purpose not the matter

of demonstrating, but some other reason, and he believes it was

concerning a contract amendment to enable the hiring of another

Community Health Representative.

The matter of demonstrating

was discussed as JANIS made inquiry about it. He advised her

that her activity while working within the contract under which

she was employed was of concern to the Goverment in that dur-

ing that time she should be working within the terms of the

contract at that time.

It is his understanding that JANIS and others had

been demonstrating in opposition to the general conditions on

the Reservation and not for the American Indian Movement or

against any particular Tribal Government.

the be coverene The commons teach s

-rogram is a contract program and is put into operatior

following a representation made by a Tribal Government show-

ing need or justification.

When this justification is sub-

mitted it is accomplished

by a proposed budget.

Community Health Representatives grade level is in this pro-

posal.

Interviewed on.

10/9/73

_at.

Aberdeen, South Dakota

File #

MP 44-727

by-

SA BRYAN J. MOGEN / rmd

- Dote dictated

10/9/73

This document contoins nether recommendalions nor conclusions of the FBI. It is the property of the FBI and is looned lo your agency;

it ond its

contents

are not lo be distribuled oulside your agency.

41

NW 68262-Đocld:32989685 Page 432

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## Page 433

MP

44-727

If there are shortcomings' on the part of

Community Health Representatives at a particular Reservation,

the matter is taken up by Mr. IA POINE with the Tribal

Goverment, generally through the Public Health Service

Unit Director of the Indian Health Service who is located

at the Reservation.

The tribe is then given options or

suggestions as to what may be done to improve a certain

situation or shortconing.

The action taken is the respon-

sibility of the Iribal Government.

Contracts with the Tribal Government on the many

Reservations in this regard are the same and there are

amendments to the contracts which deal with local geographic

or other problems.

42

NW 68262 Docld:32989685 Page 433

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## Page 434

FEDERAL BUREAU OF INVESTIGATI

10/9/73

Dole of transcription.

Reverend GUY F. RONDELL, Pine Ridge, South

Dakota, advised that he is an ordained minister with

the United Presbyterian Churches of the United States

of America.

He does not belong to the Oglala Sioux

Tribe but is a member of the sisseton Wapeton Sioux

Tribe in South Dakota.

He has beon a nomber of the

Evaluation Committee of the Oglala Sious Tribo in Fine

flage, soutn Vakota, sibce January 1973.

He has

originally asked by RICHARD WILSON, President of. the

Oglala Sioux Tribe, to volunteerhis services for

the Evaluation Comnittee in November 1972, but he did

not accept this request at that time. However, he

eventually began to feel that it was his auty to help

the people of the tribe, so he accepted a voluntary

appointment in January

1973. He advised that the sole

purpose of the Evaluation Committee is to insure that

job vacancies under the Office of Economic Opportunity

(OFO) are filled equitably with a complete lack of

discrimination, favoratism and nepotism.

Before the formation of the Evaluation Committee,

many unfair practices were followed in the hiring of

persons for avatlable jobs. Under the current procedures,

when a vacany is advertised, all of the persons interested

submit applications.

applications are revieved by

members of the Evaluation Comnittee and are scored on the.

basis of a nunerical system devised by the Commitice in

order to assure that everyone gets an equal chance to be

considered best qualified for the job.

The result is that

the person having the

highest score is given first chance

at the available job.

It sometimes occurs that the person

selected by this method does not work out satisfactorily

and is subsequently torninated by his employer. This action

does not come from the Committee. When this occurs, the

person who scored next highest is offered the job.

RONDELL

feels that since the Committee was established, there has

been a complete absence of discrininatory practices in

hiring, promoting and terminating of persons in the OFO

programs.

Interviewed on_

by-

10/9/73

_a Pine Ridge, South Dakota File #_

SA FRED G. ROBINETTE, III and t

SA HERMAN Je LATIUS/FGR/nc

_Dole dicloled_

MP 44-727

10/2/73

This document contoins nellher recommendations nos conclusions of the FBI. Il Is the properly of tha FBI ond is loaned lo your ogency:

Il ond lis contenis ore nol lo be distribuled oulside your agency,

NW 68262 Docld:32989685 Page 434

43

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## Page 435

2

MP 44-727

RONDELL reCalled the appeal of GERALDINE JANIS

subsequent to her termination from employment as a Com-

munity Health Renresentative.

At the appeal hearing in

April 1973, RONCELL aSKOC GERALDINE: "Exactly That is

it that you want".

She replied Inat all one wanted res

the back pay coming iu lei

too aberupd annual leave.

RONDELL assured her that if she was entitled to that

pay,

she would get it. She made it clear at that time that

that was all she wanted. RONDELL does not recall that

her termination of employment as such was ever at issue.

She was further advised that if she wanted to be rehired

she would have to go to the Executive Board of the Oglala

Sioux Tribe because that is the authority which effected

her termination and inasmuch as it was a higher authority

than the Evaluation Committee.

Normally, persons who are hired by the Evaluation

Committee receive recommendations from the employer that

the services of the employee should be terminated

for

appropriate reasons.

The Committee always goes along

with the employer, who then terminates the employee and

In these cases, the employee does have a right to appeal

to the Evaluation Committee. However, this was not the

case in the matter concerning GERALDINE JANIS.

At no time prior to, during, or subsequent

to the appeal hearing, did JANIS make

any statements

indicating that she felt she had been unjustly discrim-

inated against in the loss of her job. The reasons for

her termination were that she had consorted with militant

AmerIcan IndIan lovement (Ath) troublemakers, had parti

cipated in demonstrations and had openly advocated the

overthrow of the Tribal Government.

These actions were

compounded by the fact that she engaged in these activities

during working hours, but had not submitted annual leave

requests for time off to engage in these activities.

RONDELL stated "If she had just kept her nose

out of these activities and kept her mind on her work

like everybody else, she wouldn't have had any problems".

...+

44

NW 68262 Docld:32989685 Page 435-:

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## Page 436

3

MP •44-727

The decision of the Committee to uphold the

action of the Executive Board in terninating her nas

unanimous and RONDEIL believes that she was paid for

her

accrued annual Icave the sane aiternoon as the

hearing.

к. і.

45

NW 68262 Docld:32989685 Page 436

2015-4797

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## Page 437

¿DERAL BUREAU OF INVESTIGATIO

Date of transcription.

10/9/73

KAREN TRUEBLOOD, Secretary, Office of Economic

Opportunity (050), Pine Ridge, South Dakota, advised

that at the time OSCAR HOLLOW

HORN was employed by the

OEO, the Director of PrograMS fOr OEO TaS LELAND BEAR

HEELS.

HOLLOW HORN served as liaison officer between

the people living in Manderson and Wounded Kuce, South

Dakota, änd

the ono and Manpower Frogras.

He supai-

vised a staff of three persons who vere trainces oi

aides. TRUEBLOOD does not know how long HOLLOW HORN

was

employed in this capacity because HOLLOW HORN Was here

Job in November 1972. She advised

that LELAND BEAR HEELS is no longer the Director of

Programs, but that she had an excellent recollection of

the circumstances surrounding admonishing of HOLLOY HORN

sc 38 20409

as well as his final termination.

Furthermore, she was

able to review records which are

described as time sheets

inasmuch as she is the official custodian of these records.

She recalled

that on February 15 and 16, 1973,

HOLLOW HORN was docked 12 hours pay for absence from an

in-service training program.

This is about the time he

was given an oral admonition by BEAR HEELS for his failure

to show up.

Later, because of continued absence from

for two weeks

period of March 12-23, 1973. TRUEBLOOD asked BEAR HELLS

at the time to put this suspension in writing, but he

never got around to doing it.

Finally, by letter dated May 4, 1973, HOLLOW

HORN was advisea by BERL AKERS, JR., ACting Director,

that he was being terninated effective May 7, 1973,

Inasmuch as the last day that he had been on the job was

harch 9, 1973.

TRUEBLOOD stated that when HOLLOW HORN's wife

picked up his last check, which reported pay for accrued

annual leave, she told HOLLOW HORN's wife to tell him to

come in, and

that if he would speak to the Director, he

would probably be given another chance. However, he never

Interviewed on.

10/9/73

_of.

Pine Ridge, South Dakota File #

SA FRED G. ROBINETTE, III and de

by-

SA HERMAN J. LATTUS /FGR/nc

Date dicloled.

MP 44-727

10/9/73

This document contoins neither recommendations nor conclusions of the FBI. Il is the proporty of the FBI and is loaned lo your ogency;

i ond its conlents are nol 10 be distribuled oulside your ogenr

46

NU: 68262 • Docld:32989685 Rage 437 ••

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## Page 438

2

HP 44-727

came in or called to her knowledge. He never indicated

any intention of appealing the termination.

Part of the

probien in HOLION HORN's case fas

that the ono had received numerous complalute from recple

in HOLLOW HORN's district (Manderson aud Wounded

Souts Dakota) who rould call in and complain that hotdon

HORN was not available, that his services and advice

were needed, and that he was never around when residents

of this district would call for him. TRUEBLOOD stated

that HOLLOW HORN always wanted the programs to work

smoothly, but that if it required any work on his part,

he immediately lost interest.

She summed it up by

stating that HOLLOW FORN aS

simply undependable and lazy.

He brought this action upon himself and the Program

Director had no alternative but to fire him.

47

NW 68262 Docld:32989685 Page 438

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## Page 439

FD•302 (REV. TT-27-70)

FEDERAL BUREAU OF INVESTIGATIR

1

10/10/73

Date of transcription.

LLOYD W. EAGLE BULL, Secretary, Oglala Sioux

Iribe, Line Ridge, south Dakota, was advised of the

identities of the interviewing Agents and the nature of

the interview. He was advised of his rights by SA HERMAN J.

LATTUS which he declined to sign, but stated that he would

answer any questions in reference to this matter.

EAGLE BULL advised that he does not wish to furnish

any signed statement at this time.

EAGLE BULL stated that he is a member of the

Executive Board along with RICHARD WILSON, President, and

EMMA NELSON, Treasurer®

He stated that he concurred in the personnel action

against GERALDINE JANIS, MINERVA WALKS OUT, DELLA STARR, and

VICTORIA WOUNDED FOOT.

slan and intend to overthrow the Tribal Government, it 1s

n1s opinion that they mean to do just that.

He stated that

the present form of Goverrment on the Pine

: Ridge Reservation•

is democratic and that if the people on this Reservation want

a new Government the only way is to vote it in and not over-

throw it.

He stated that he has nothing against anyone march-

ing or demonstrating as long as the people demonstrating do

not hinder or cause damage to private property or injure.

anyone. He stated that is is their right to demonstrate

as

they so wish.

He stated that he does not believe that it is

right for an employee of

the Oglala Sioux Iribe to demonstrate

and march while employed by the tribe of demonstrate during

working hours. He stated that if the employees are off duty

and not working he has no objection for them to demonstrate.

Ridge, but that this system is premely beyst revised.e

Interviewed o110/10/73

Pine Ridge, South Dakota

MP 44-727

File #

by.

SA HERMAN J. LATTUS / rmd

10/10/73

Date diclated

his document contoins neither recommendations nor conclusions of the FBl. Il is the property of the FBI and is loaned lo your agency.

•..

it and ils contenis are not lo be distribuled oulside your agency

NW 68262 Docld:32989685 Page 439

48

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## Page 440

MP 44-727

2

He stated that GERALDINE JANIS has called him

approximately three times in reterence to this matter and

during one of these calls she stated that she preterred

to be fired instead of suspended from her position.

He

stated that no threats of any kind were made to her by him.

He stated that he was of the opinion that JANIS

wanted only pay for the accrued leave she had on the books.

He stated that this has been accomplished and that as far

as he is concerned the situation is settled.

He stated that the reason GERALDINE JANIS and

the other three individuals were fired was because they

demonstrated during working hours while they should have

been working at their respective jobs.

He stated that certain pieces of equipment were

missing from the office where GERALDINE JANIS worked and

he does not know whether or not this equipment was found.

He stated that these four individuals have filed

suit in Federal Court to regain their positions of employment

at Pine Ridge.

NW 68262 Docld:32989685 Page 440

49

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## Page 441

MP 44-727

on October 10: 1913, BETTY BERRY, Clerk, United

States District Court, Western District, Rapid City, South

Dakota, advised that their records show that on July 12,

End MINERVA WALKS OUI, Filed suits

GERALDINE JANIS, DELLA STARR, VICTORLA WOUNDED FOOT

So DET A COTER,

regain theis amployment which they lust at runs midgee

She stated that

She stated that on August 15, 1912 hearing has

a motion was

made to dismiss this case and as to date, no

been conducted.

United States Attorney,

that he would defer his opinion in this matter until he hac

an opportunity to study this report and that he would dis-

cuss this with the Departmental Attorney•

NW 68262 Docld:32989685 Page 441

50%

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## Page 442

TO

0-70 (Rev. 3-28-72)

OPTIONAL FORM NO. 10

5010-106

GSA GEN. REG, NO, 27

I VITED STATES

VERNMENT

Memorandum

: Assistant Attorney General

CIVIL RIGHIS DIVISION

FROM : Director, FBI

SUBJECT: SUR ATTACHED

DATE:

10/25/73

Reference is made to - your memorandum dated

0/5/73

(your file JOP: 635:N0T: 512). DJ 144-69-175

dated

There is enclosed one copy of the report of Special Agent - SA HEPHAN I. INTIUS

10/0/23

A. This covers the preliminary investigation and no further action concerning

a full investigation will be taken by this Bureau unless the Department so directs.

B. • The investigation is continuing and you will be furnished copies of

reports as they are received.

• The investigation requested by you has now been completed. Unless

advised to the contrary no further inquiries will be made by this Bureau.

D. [ Pursuant to instructions issued by the Department, no investigation will

be conducted in this matter unless specifically directed by the Department.

E. [ Please advise whether you desire any further investigation.

F. This is submitted for your information and you will be advised of further

developments.

G.[ This is submitted for your information and no further investigation will

be conducted unless specifically requested by the Department.

H. [ This covers the receipt of a complaint and no further action will be

taken by this Bureau unless the Department so directs.

Enc.

SEE NOTE PAGE THO...

NW 68262 Docld:32989685 Page 442

---

## Page 443

Also enclosed

1S

one

COPy

•Sten

of Regulations

each of the following:

tle

sandum to the Executive Br

Minutes of the Executive Committee

Letters to the four Victins :

Copies of the Termination Notices on the above

¡four Victims

Copies of the Termination Notices of persons

1 1/1/73 to the present

Copies of a letter from the Executive Comnittee

to Personnel Director.

Memorandum from Personnel Office to Public Health

Servica Director

.. :

NW 68262 Docld:32989685 Page 443

---

## Page 444

3010-10:

UNITED STATES

'EK.VMIENT

Memorandum

TO

: Assistant Attorney General

Civil Rights Division

FROM : Director, FBI

SUBJECT: RICHARD WILSON,

OGLALA SIOUX TRIBAL CHAIRNAN

ET AL;

GERALDINE JANIS - VICTIM

ET AL.

CR

DATE: 10/26/73

Reference is made to My

(your file

File

_ memorandum dated _ 70/25/73

Copy

There is enclosed one copy of the report of Special Agent

dated

A.

This covers the preliminary investigation and no further action concerning

a full investigation will be taken by this Bureau unless the Department so directs.

. The investigation is continuing and you will be furnished copies of

reports as they are received.

C. [ The investigation requested by you has now been completed. Unless

advised to the contrary no further inquiries will be made by this Bureau.

D. [ Pursuant to instructions issued by the Department, no investigation will

be conducted in this matter unless specifically directed by the Department.

E.

Please advise whether you desire any further investigation.

F. [ This is submitted for your information and you will be advised of further

developments.

G. E This is submitted for your information and no further investigation will

be conducted unless specifically requested by the Department.

H.

• This covers the receipt of a complaint and no further action will be

taken by this Bureau unless the Department so directs.

Trainis

155 OCT 20 1973

• Enc. 2

Enclosed is one copy each of the following items:

scarcipind sitter plane. 107

Contract Document concerning the CHR Services, 1973

2.

Proposal Copy (marked Proposal), which contained specific

information on our analormant

1973

NW 68262 Docld:32989685. Page 444

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## Page 445

. Sa

AIRTEL

i- 104

To:

RECT' SAC,

Minneapolis (44-727)

From:

Director, FBI 41.4

RICHARD WILSON

ET AL.

GERALDINE JANIS, ET AL. -

VICTIMS

DUE PROCESS (MISC.)

9/27/73

- 2-Mr. Giardnes

ReMPairtel 9/19/73.

This matter discussed with Department and they

advised they have been in contact with AUSA David Gienapp and

investigation requested in their letter of 9/5/73 should be

conducted. Immediately reinstitute your investigation and

surep within 14 days of receipt of this communication.

NOTE: Discussed With Mr. R. Dennis Idkes on 9/27/73.

MAILED 22

SEP 2 7 1973

F8t

Assoc. Dir.

Asst, Dir.:

Admin.

Comp. Syst.

Ext. Affairs

Files & Com.

Gon. Inv..

Idant..

Inspoction

Intell.

Laboratory

Plon. & Evol. _

Spec. Inv. -

Training

Legal Coun. -

Telephone Rm. -

Diractor Soo'y -

MAIL ROOM

NW 68262 Docld:32989685 Page 445

TMG : bap

(4)

91975

TELETYPE UNIT L

---

## Page 446

FD-36 (Rov, 5-22-64)

IV

§FBI

Transmit the following in

Via

AIRTEL

Date:

9/19/73

(Type in plaintext or code)

AIRMAIL

(Priority)

TO

:

DIRECTOR, FBI

FROM: L:

SAC, MINNEAPOLIS (44-727) (C)

SUBJECT: RICHARD WILSON,

ET AL

GERALDINE JANIS,

ET AL - VICTIMS

DUE PROCESS (MISC.)

CIVIL RIGHTS

Re Minneapolis airtel and LHM to Bureau, 8/27/73,

and Bureau airtel to Minneapolis, 9/10/73.

On 9/19/73, Assistant U.S. Attorney DAVID GIENAPP,

Sioux Falls, South Dakota,

advised again that since victims

nave filed in federal Court to obtain employment which they

claim they had lost in this matter, it is recommended that

no further investigation be conducted since this is in the

nature of a civil matter and not criminal and should be

1c03, 41•1

adisson

халіссіюкти

SEP 26 1973

ReDCHOUGH

Bureau

- Minneapolis

HJL/crv

(3)

Approved:

NW 68262 Docld:32989685 Page 446

Sent

Special Agent in Charge

-M Per--

U.S. Government Printing Offlce: 1972 - 455-574

---

## Page 447

6-122 (Rev. 6-20-73)

F BI

Transmit in

Via

(Type in plaintext or code)

TO:

From:

SAC,

Director, FBI

Minneapolis

RICHARD WILSON, ET AL.

GERALDINE JANIS, ET Al.

FICTIMS

DUE PROCESS (MISC.)

CIVIL RIGUES

Airtel

(Priority)

Date -9/10/73

1 - Mr. Gardner

EX ITS

Enclosed are two copies of a self-explanatory Departmental letter dated 9/5/73.

Complete the requested investigation in accordance with the provisions of

Section

_sT Volume -II

-, Manual of Instructions, and surep within

days of the receipt of this communication.

21

State in the first paragraph of the details of your report that it contains the results

of a = limited

investigation and underscore the word, limited

preliminary

preliminary

Advise l all persons interviewed

E23 appropriate officials at the outset that this investigation is being conducted

at the specific request of the U. S. Department of Justice.

Remarks:

Enc. la

MAILED 22

SEP 101973

FBI

(Do not type below this line.)

TNG: bap 5(4) - N

SEE NOTE PAGE TWO...

17%

MAIL ROOM !

NW 68262 Docld:32989685 Page 447

TELETYPE UNIT L

---

## Page 448

Airtel to SAC

MP

RE :

RICHARD WILSON

requested further investigation into

vOTetime allegations they were terminated trom their

employment as Community Health workers by Oglala Sioux

Tribal Chairman Richard Wilson as a result of their

activities in Oglala Sioux Civil Rights matters and

because they signed a petition calling for a revamping

the Tribal Constitution and Government.

1-2 =

NW 68262 Docld:32989685 Page 448

---

## Page 449

ictm Dj-150

id. 4-26-65)

UNITED STATES GOVERNMENT

Memorandum

DEPARTMENT OF JUSTICE

SEP 05 1973

TO

: Director

Federal Bureau of Investigation

DATE:

JSP: CRS: RDI: f1h

DJ 144-69-175

FROM

: J. Stanley Pottinger

Assistant Attorney General

Civil Rights Division

SUBJECT: Richard Wilson, et al. - subjects;

Geraldine-Janis, et al. - Victims

Due Process (Miscellaneous.

CIVIL RIGHTS

liiet...

no, mascor

Reference Is made to your memorandum dated l.;

May 31, 1973 containing the report of Thomas M.

Moore, Jr., dated May 20, 1973 at Minneapolis which

was captioned Richard Wilson; et al., Geraldine

Janis; et al. - Victims, Civil Rights. The caption

has been corrected.

4,7

/ M

On August 9, 1973, Geraldine Janis telephonically

(605/867-5356) advised Departmental attorney R. Dennis

Ickes that no action has been taken on her termination

from employment with the Community Health Program on the

Oglala Sioux Indian Reservation by the Oglala Sioux Tribe

Executive Board and that she is currently unable to get

other employment because the Oglala Sioux Tribe Executive

Board classified her termination as being because she

advocated the overthrow of the tribal government. Janis

stated that she, Minerva

Walks Out, Della Starr, and

victoria wounded Foot appealed their termination by the

-Executive Board to the Oglala Sioux Tribe Personnel

Board headed by Tim Shangreaux in June, 1973, but the

Personnel Board disqualified themselves and referred the

I SEP 5 1973

1XZЯТ1N FRONTONC

jit:

21/

NW 68262 Docld:32989685 Page 449

---

## Page 450

- 2 -

Janis stated that she and the other terminated persons

named above asked the Executive Board to reinstate

them, but to date the Executive Board has refused.

Janis further stated that she has corresponded with

the Executive Board, but the Board refuses to reply.

In addition, Janis called "Toby" Eaglebull, the

Secretary of the Board, concerning Board action and

he stated that the Board would act on it sometime.

According to Janis, Wounded Foot and Starr did

not participate in any public demonstration, but did

sign a petition advocating a new form of Oglala Sioux

Tribe government. Janis stated that she and Walks Out

publicly demonstrated on non-working hours or by taking

appropriate authorized leave.

In order to determine whether the actions by

the Oglala Sioux Tribe Executive Board may violate

18 U.S.C. $242 and the Indian Bill of Rights, 25 U.s.C.

§1302, please conduct the following investigation:

1. Interview Tim Shangreaux, Personnel

Director, Oglala Sioux Tribe and determine:

(a) All actions taken by the personnel

review board which reviewed the termi-

nation appeals of Janis, Wounded Foot,

Walks Out and Starr. Obtain copies of

all reports and written communications

from Shangreaux and/or the personnel

board to tribal officials including

reports of any investigation into

charges of misconduct, concerning the

aforenamed individuals; both before

and after they were terminated. Obtain

copies of personnel regulations of the

Tribe, with particular reference to

those which were applied by the per-

sonnel board or by Shangreaux to the

aforenamed terminated persons.

NW 68262 Docld:32989685 Page 450

---

## Page 451

-3-

(b)

Whether the Oglala Sioux Tribe Executive

Board orally contacted Shangreaux or any

other member of the personnel board con-

cerning Janis, Wounded Foot, Start, or

Walks Out prior to the Executive Board's

action terminating those persons. Obtain

a detailed description of any such con-

versations.

(c)

What appeal procedures are available in

administrative review of termination

decisions. Obtain copies of such regu-

lations outlining those procedures and

determine whether Janis and the others

named above complied with those procedures.

(d)

The names, addresses, and telephone

numbers of all persons who have been

terminated from tribal employment since

January 1, 1973. Obtain copies of all

such written notices, minutes, and other

written communications which reflect the

names of persons terminated and the

reasons for their termination.

2.

Interview the members of the Oglala Sioux

Tribe Executive Board and determine whether they con-

curred in the personnel actions taken by the Board

concerning termination and other personnel actions

taken with regard to Janis, Wounded Foot, Starr, or

Walks Out during 1973. Also determine what conduct

by these individuals the Board members believe to

constitute "partisan activity;" or which constitute

"actions to overthrow the tribal government."

Deter-

mine also whether there is any further Executive Board

action contemplated concerning the termination appeals

of Janis and the other named victims. If so, determine

the dates and nature of the planned action on the

appeals.

NW 68262 Docld:32989685 Page 451

---

## Page 452

- 4 -

3. Interview Elmer LaPointe, Community Health

Coordinator for the Bureau of Indian Affairs in

Aberdeen, South Dakota and determine:

(a) Whether he has ever advised Janis

or any other Community Health

wished and to take part in any

demonstration they wished as long as

they did so on their own time and not

during working hours. Determine the

details of any such conversations.

If appropriate, also determine the

hiring, promotion, demotion and termi-

nation procedures of the Community

Health Service and the Oglala Sioux

Tribe's authority over Community Health

Representative personnel in this regard.

If the Community Health Service has such

authority in Aberdeen, determine the

proper procedures for terminating Conmunity

Health Representative employees.

4.

Interview the members of the Oglala Sioux

Tribe Personnel Policies Board and determine:

(a)

The dates that each assumed office

on this Board.

(b) The authority of the Board.

(c)

The function it has concerning the

hiring, promotion, demotion, and

termination, and appeals from termi-

nation of employees of the Community

Health Services. Obtain copies of

all rules and regulations.

NW 68262 Dold: 2989685 Page 452

---

## Page 453

-5 -

(d)

The means whereby each was designated to

the Board (i.e., by appointment by Oglala

Sioux Tribe chairman, by election, etc.).

(e) Actions which the Board took concerning

the termination of Janis and the other

named victims.

5. Interview the Secretary to the Oglala Sioux

Tribal Council and determine:

(a) Whether the tribal council or the Oglala

Sioux Tribe Executive Board enacted any

resolution or ordinance which established

a Merit System for the Oglala Sioux

: Tribe.

Obtain copies of such ordinances and

resolutions. Also, determine whether any

of those ordinances or resolutions were

repealed and obtain copies of each appeal.

6. Interview the appropriate official who main-

tained the time and pay records for Janis and the other

named victims (the appropriate official may be Francis

Killer of Vermillion, South Dakota) and determine:

(a) The dates and hours on each of those

dates during which each of the above

named victims took annual leave,

administrative leave, sick leave,

leave without pay, or other leave from

their employment with the Community

Health Service between January 1, 1973

and the date each left Community Health

Representative employment.

7. Interview Special Officer of the Bureau of

Indian Affairs, Del Eastman and determine:

(a) The dates of all public demonstrations

at the Bureau of Indian Affairs Building

in Pine Ridge from January 1, 1973 to

June 31, 1973.

NW 68262 Docld:32989685 Page 453

---

## Page 454

- 6 -

(b)

(c)

The authorization given by law

enforcement officials to persons

who demonstrated, if any, (i.e.,

the boundaries within which the

lemonstration could be held, the

number of people who could attend,

the limitations placed on signs,

placards, etc.) •

The names, addresses, and phone

number of all persons whom requested

permission to demonstrate, the dates

each requested permission and which of

those requests were refused.

If any

were refused, determine the reason for

each.

The minutes of the Executive Committee Meeting

for April 4, 1973 (a copy is contained in the report

of Special Agent Thomas M. Moore dated May 20, 1973

at Minneapolis and attached to your memorandum to this

Division dated May 31, 1973) indicate that Barbara Means

was terminated as Clerk of Courts because "she partici-

pated in a public demonstration advocating the overthrow

of the elected government of the Oglala Sioux Iribe."

On August 13, 1973, Means telephonically

(605/867-5356) advised Departmental attorney R. Dennis

Ickes that she broke her left arm in four places on

January 16, 1973 and on Dr. Guenther's advice (Rushville,

Nebraska) took sick leave from February 7, 1973 to

June 1, 1973. On March 8, 1973, Means participated

in a public demonstration on the lawn of the Bureau

of Indian Affairs Building in Pine Ridge. On March 6,

1973, Means assisted in drafting a petition against the

tribal government and helped obtain signatures as well

as signing it herself. On March 29, 1973, Sidney Witt,

tribal prosecutor, told Means that she had been suspended

NW 68262 Docld:32989685 Page 454

---

## Page 455

- 7 -

from her job and gave her a memorandum to that effect.

According to Means, suspension is temporary until a

hearing is held at which time a decision is made con-

cerning her employment. However, Means stated that

she received no hearing and learned through friends

on approximately April 21, 1973 that she had been

fired by the Oglala Sioux Tribe Executive Committee

on April 4, 1973. No written notice of her firing

was received by Means.

8. Interview Means and obtain a signed statement

from her describing the events referred to in the above

telephone conversation. Also, obtain copies of the

following documents:

(a)

Dr. Guenther's written statement

concerning his recommendation for

Means.

(b)

Sidney Witt's memorandum to Means

saying she was suspended.

(c)

All other documents which reflect

upon Means' employment and termi-

nation as Clerk of Courts.

Also in the Departmental attorney's telephone

conversation

conversation with Janis on August 9, 1973 referred to

above, Janis alleged that other tribal employees had

been fired because of their participation in public

demonstrations or in signing circulated petitions.

Janis noted that _Carmel Means was enticed into resigning

a merit-protected job as fiscal manager for the local

Office of Economic Opportunity with the promise that

she would be given a job at the Pine Ridge College Center

with a higher salary; but that she was fired two days

later by Dick Wilson who was on the College's Board of

Directors which had to approve all hirings.

NW 68262 Docld:32989685 Page 455

---

## Page 456

-8-

Departmental attorney Ickes was telephonically

contacted by Carmel Means on August 13, 1973 (605/867-

5787). She stated that she had been fiscal manager

for Office of Economic Opportunity for a year at a

salary of $9,780 per year and had been an employee of

Office of Economic Opportunity since 1968. Jim Hand

and Tony Frescas (phonetic), both in administration

at the College Center, promised Means that if she

resigned from the Office of Economic Opportunity she

could get a job as bookkeeper at the College Center

for $10,000 per year.

They promised that the Board

of Directors of the Center had indicated that they

wanted only Means to work there.

According to Means, she resigned from the

Office of Economic Opportunity on July 20, 1973

and started work at the Center on July 23, 1973

and worked until July 24, 1973 when Frescas told

her that Dick Wilson was

"raising hell" about the

Center hiring her; therefore, Means was fired. She

was told by Frescas that she

could appear before the

Center's Board of Directors meeting on August 9, 1973

and apply for the job. Means said she did not attend

the August 9, 1973 meeting because she knew she would

not get the job based on her July 24, 1973 experience

with Frescas and Wilson's opposition. Means believes

that she was enticed into resigning her job at the

Office of Economic Opportunity so that the Office of

Economic Opportunity position could be used to reward

a supporter of Wilson. Means stated that Helen Palmier

replaced her at the Office of Economic Opportunity, but

does not know who replaced her at the Center.

Means stated that she signed a petition to

replace the tribal constitution and has associated

with Janis. According to Janis, Wilson has made the

statement in the presence of Lillian Cooney (sister.

to Carmel Means) and Karen Trueblood (an Office of

Economic Opportunity employee) that he was starting

NW 68262 Docld:32989685 Page 456

---

## Page 457

-9 -

his campaign for re-election as tribal chairman

already and that he would fire all of those who

worked against him and would hire his friends.

Means believes that Cooney will share her infor-

mation with investigating agents, but that Trueblood

may be afraid to cooperate. Means noted that similar

tactics have been attempted on Cooney who also works

at the Office of Economic Opportunity.

Janis further alleged in her telephone con-

versation that Oscar Hollow Horn, a former Office

of Economic Opportunity coordinator at Manderson,

South Dakota, and a current resident of Wounded

Knee was fired because he "was not interested in

his job."

Hollow Horn had signed the above described

petition.

9. Obtain the details of the Carmel Means

incident by:

(a)

Obtaining a signed statement from

Means describing the incident con-

cerning her resignation from the

Office of Economic Opportunity and

subsequent firing by the College

Center.

(b)

Interviewing Jim Hand and Iony

Frescas concerning:

(1) All contacts and the substance

of those contacts with Means

wherein either of them made

offers of employment at the

College Center. If they did

make offers of employment,

determine what the terms of

the offer

were, what authority

each possessed to make the

offer, what instructions they

had from the Center's Board of

Directors or other supervisory

NW 68262 Docld:32989685 Page 457

---

## Page 458

- 10 -

(2)

who instructed them to make Means

such an offer, and other details

which would disclose the motivation

and purpose of the request by Hand

and Frescas for Means to quit her

job at the Office of Economic

Opportunity.

The proper procedures for a person

to obtain a position as bookkeeper

at the College Center and whether

• position at the Office of Economic

(c)

(3) Whether they had been instructed

by other persons to offer Means

employment at the Center, by whom,

and for what reasons.

Interviewing at least three members of

the College Center Board of Directors,

including Dick Wilson, if he is a

director, and determine:

(1) The Board's authority concerning

the hiring of new personnel for

the College Center, particularly

bookkeeper (s) .

(2) Whether any director recommended

that certain persons be hired as .

bookkeeper since July 1, 1973; or

that certain persons be prohibited

from being hired for that position.

NW 68262 Docld:32989685 Page 458

---

## Page 459

- 11 -

(3)

Whether Dick Wilson objected to

the hiring of any persons at the

Center since July, 1973; and

whether he informed any persons

at the Center of his objections.

If so, determine the details of

such conversations. Determine

Wilson's authority to hire, promote,

demote, suspend, or terminate

employees. If he possesses such

authority, determine the names,

addresses, and phone numbers of

all persons he has suspended or

terminated since January 1, 1973

and the reason they were suspended

or terminated.

(d) Interviewing Helen Palmier and determining:

(1) When she was hired at the Office

of Economic Opportunity and for

which position.

(e)

(2) Who recommended that she apply at

the Office of Economic Opportunity,

when, and for what stated reasons.

Interviewing Lillian Cooney and determining:

(1) Whether she was a witness to any

statement by Dick Wilson that he

was starting his campaign for

re-election as tribal chairman

and that he would fire his enemies

and hire his friends.

(2) Whether she has been encouraged

to quit her job at the Office of

Economic Opportunity; if so, by

whom and on what promises or

threats.

NW 68262 Docld:32989685 Page 459

---

## Page 460

(E)

Interviewing Trueblood and determining:

(1) The information requested in

(e) (1) above.

Interview Oscar Hollow Horn and determine

the details concerning his employment, termination,

and appeals from termination, if any. Obtain copies

of all documents regarding his suspension and/or

termination.

Determine whether Hollow Horn has

exhausted all administrative appeals.

NW 68262 Docld:32989685 Page 460

---

## Page 461

Transmit the following in

Via

AIRTEL

FBI

Date:

8/27/73

(Type in plaintext or code)

AIRMAIL

(Priority)

TO:

DIRECTOR, FBI

FROM:

SAC, MINNEAPOLIS (44-727) (C)

SUBJECT:

PEAN SOY, TEAL - VICTIMS

CIVIL RIGHTS

(00: MINNEAPOLIS)

Re Bureau airtel to Minneapolis dated 8/17/73.

Enclosed are five copies of LIM reflecting investigation

conducted in this matter.

ADMINISTRATIVE

United states Attorney WILLIAM F. CLAXION, SiOUX

Falls, South Dakota, was

advised by separate communication his

decision in this matter.

REB-19

Bureau (Enc.' 5)

Minneapolis

HJL: sks

(4)

61

AUG 30 1973

D4 SEr

Approved:

Sent

Special Agent in Charge

_ M

Per -

U.S. Government Printing Office: 1972 - 455-574

NW 68262 Docld:32989685 Page 461:

---

## Page 462

In Reply, Please Refer to

File No.

UNITED STATES DEPARTMENT OF JUS''ICE

FEDERAL BUREAU OF INVESTIGATION

Minneapolis, Minnesota

August 27, 1973

RICHARD WILSON:

GERALDINE JANIS - VICTIMS

On August 2, 1973, Tim Shangreaux, Personnel

Director of Oglala Sioux Tribe, Pine Ridge, South Dakota,

advised that victims were given ample opportunity for them

to file an appeal before the Executive Board.

On August 2, 1913, Loyd W. Eagle Bull, Secretary,

Oglala Sioux Tribe, Pine Ridge, South Dakota, advised that

victims have filed charges in Federal Court at Rapid City,

south Dakota, in an eftort to obtain employment, which they

claim they lost by participating in American Indian

On August 6, 1973, Assistant United States

Attorney R. D. Hurd, Sioux Falls, South Dakota, advised

that since victims have filed in Federal Court

to obtain

employment which they claim they had lost in this matter,

it is recommended that no further investigation be

conducted in this matter since this is in the nature of

This document contains neither recommendations

nor conclusions of the Federal Bureau of Investigation (FBI).

It is the property of the FBI and is loaned to your agency;

it and its contents are not to be distributed outside your

agency.

ENCLOSURE

NW 68262 Docld:32989685 Page 462

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## Page 463

AIRIEL

8/17/73

To:

SAC, Minneapolis

(44-727)

REC-75

From:

Director, FBI

RICHARD WILSON, ET AL.

GERALDINE JANIS, ET AL. - VICTIMS

CIVIL RIGHTS

00: MP

I - Mr.

Gardner

ReMPai rtel 8/10/73.

By return mail,

SULHM information contained in reairtel.

- MAILED 20

AUG 1 7 1973

FBI

Assoc. Dir. _

Asst. Dir.:

Admin.

Comp. Syst.

Files & Com. -

TMG: bap (4)

Gen. Inv. -

Ident..

Inspection.

Intell. -

Laboratory -

Plan, & Eval. _

Spec. Inv. -

Training.

Legal Coun.

Cong. Sorv.

Corr. & Crm.

Research -

Press Off. -

535

3 AUC 2 7 1973

Telephone Rm. -

Diractor Sec'y -.

MAIL ROOM

TELETYPE UNIT CJ

NW 68262 Docld:32989685 Page 463

---

## Page 464

FD-36 (Rev. 5-22-64)

Transmit the following in

Via

AIRTEL

FBI

Date:

8/10/73

(Type in plaintext or code)

AIRMAIL

(Priority)

TO:

FROM:

SUBJECT:

DIRECTOR, FBI

SAC, MINNEAPOLIS (44-727) (C)

RICHARD WILSON,

ĐT AL;

GERALDINE JANIS,

IT AL - VICTIMS

CR

(00: MINNEAPOLIS)

Re Minneapolis teletype to the Bureau dated 7/16/73.

On 8/2/73 TIM SHANGREAUX, Personnel Director of

Uglala siouX IriDe, Pine Kidge, south bakota, advised that

victims were given ample opportunity tor them to file an

appeal before the Executive Board.

On 8/2/73 LOYD W. EAGLE BULL, Secretary, Oglala

SIoux Tribe, Pine Ridge, South Dakota,

advised that victims

have filed charges in federal court at kapid city, south

Dakota, in an effort to obtain employment, which they claim d

they lost by participating in AlM activities at Pine Ridge.

Dakota, advise (7ae As victim D,8i out 11 t South

to obtain employment which they claim they had lost

in this matter, it is recommended that no further investiga-

t1on be conducted in this matter since this is in the nature

of a civil matter and is not crimina

REC-75

KRN86: / :

USA will be advised by letter re his decision in

this matter.

Bureau

Minneapolis

EJL: sks

(3)

5

+241697

Approved: +11

pecial Agent in Charge

NW 68262 Docld:32989685 Page 464

Sent.

_ M

Per

U.S. Government Printing Office: 1972 - 455-574

---

## Page 465

inr. 1.i

vag

Tirar id thee fodleadng on -

FICTTLE

Tre!!

ist:

PEATUDER

Trg da p/sisacs

0216/23

- 497.

DE

EaoTy F2t

C, PRiiaAGOKIE (06-727) (2)

DICUARD WELOON, ET ALA COOASOINE JANIEE E AL "

:°S23O2NDI3T E0O ESTiUIU 1i32O

Te siracacon

LE BULZAU MRCEE CO EEOLS DTEO 7/3/13 1e on

• L0 7/26/73 A200R MTCPOUS ALTOIFIS DO COSLACT 201 :

"caTy ara *aone, Mhoas-ro.tos faryor 2ozzorlan

1': hod ded sua dorizsaiez" tynte aver raszagr *a.. :

n75 KerBte

ITE MELRED IGAL TEE EULLGILOS COIGITTEE DISQUALIEZSO

:735 IR'LANMO A FTMAL EN-ESZOK AND LEEC THI5 D20131:: E

; Surve Bon DE Tue cetal sIcok TATaEA

LO SDATDO TRUEE RE CUULO GUVO NO AREORGAIDE BATE CT:

3, ICDDICE LT MUS (072.

REC-30

ST-102

JANKACDRS AE TATE RICSOS

3

WNOTAY OILE KU.

N MIGEL NY YETEERI STBINE YAUDNOGE MI FEIN TONLDO E':?

"C DOSULTE DOAMIATCO 12.3. 739 00/2102107

.16. JUL 18 ÷973

122201877

59 J0L 251973

535

yai -.

-NW 68262_Docld:32989685 Page 465

---

## Page 466

AIRTEL

7/3/73

To:

SAC, Minneapolis (44-727)

From:

Acting Director, FBI

RICHARD WILSON, ET AL.

GERALDINE /JANIS; ET AL.

- VICTIMS

CIVIL RIGHTS

00: MP

1 - Mi.

Gardner

-

Hi:

ReMPrep of SA Thomas M. Moore, Jr., dated 5/20/73.

Surep complete results of investigation or advise reasons

for delay.

---

MAILED 9

JIll?

1973

FBI

ST-106

REC-67

anta

Mr. Felt

Mr. Baker

Mr. Callahan

Mr. Cleveland

Mir. Conrad

Mr. Gebhardl

Air. Jonkins

3fr. Marshall .

Mr. Miller, B.S. -

Mr. Soyars -

Mr. Thompson —

Mr. Walters

Tele. Roon

Mr. Baise.

Mr. Bames

Mr. lowers

Mr. Herington -

Mr. Conmy -—-

Mr. Munts

---

## Page 467

UREAU WINV

ICATION

REPORTHIC OFFICE

MIIMIMPOLIS

TITLE OF CASE

OFFICE OF ORIGIN

MINNEA POLIS

RICHARD

WILISCH,

DATE

5/20/73

INVESTIGATIVE PERIOD

4/11 - 5/14/73

REPORT MADE BY

SA THOMAS M. MOORE, JR.

CHARACTER OF CASE

TRIBAL

Treas drisk ;

LLOD W. EAGLE BULL, OGLALA SIOUS

TRICAL SECRETARY;

SEMIDTTE-JANIS A VICLIM.

VICTORIA WOUNDED FOOT - VICTIM;

DELLA STARR -

SINGAVA WALKS VICTIM;

OUT - VICTIM

CR

RITBIENCE: Minneapolis airtel and LEMt Bureau dated 4/24/13.

: -P.-

LOAD

MITMDAPOLTS

SOUTH DAKOTA. Will on or about 6/30/13

contect TIM ShANGreAUx,

AZ PINE RIDE POISONOl OliCy Board, Oglala Sioux Tribe,

to doicrmine the status of the appeal of GERALDINE JANIS.

TYPED BY

mow

CONVIC

FUG.

ACCOMPLISHMENTS CLAIMED

FINES

SAVINGS

I NONE

RECOVERIES

APPROVED

COPIES MAQÉ:

SPECIAL AGENT

IN CHARGE

Bureau

Osa, Sioux Talls

1

bopacemental attorney h. Dullis ICies

vegacment of Justice, fine lage

2 - Minneapolis

(41-727)

ACQUIT.

TALS

CASE HAS BEEN:

PENDING OVER ONE YEAR EYES LINO

PENDING PROSECUTION

OVER SIX MONTHS

JYES LINO

DO NOT WRITE IN SPACES BELOW

2 E6-31

Dissemination Recard of Attache

d Report

Notations

Agency

Request Recd.

Dats F'wd.

How fird.

By

JUN& 1973

NW 68262 Docld:32989685 Page 467

7 MAY 291973

+T7575-799777

DECDONOUCH,

DATA PROC

COVER PAGE

---

## Page 468

MP 444-727

ADNINISTRATIVE

Ali persons interviewed in connection with this

matter were advised that this investigation was being

conducted at the specific request of the Assistant Attorey

General, Civil Rights Division,

U.S. Department of Justice.

Departmental Attorney R. DENNIS ICKES has requested

that no further intormation be conducted except to follow

the appeal of GERALDINE JANIS before the Personnel Policy

Board

of the Oglala Sioux Tribe, Fine Ridge, South Dakota.

COVER

PAGE

NW 68262 Docld:32989685 Page 468

---

## Page 469

UNITi STATES DEPARTMENT OF JU

ViCE

FEDERAL BUREAU OF INVESTIGATION

1 • USA, Sioux Falls

Copy 10:

I - Departmental Attorney, R. DENNIS ICKES

Department of Justice,

Pine Ridge

Report of:

Dote:

SA THOMAS M. MOORE, JR.

Office: MINNEAPOLIS

5/20/73

Field Office File i: 444-727

Bureou File #:

Tille:

RICHARD WILSON, OGLALA SIOUX

TRIBAL CHAIRMAN;

EMMA T. NELSON, OGLALA SIOUX TRIBAL TREASURER;

LLOYD W. EAGLE

BULL, OGLALA SIOUX TRIBAL SECRETARY;

GERALDINE JANIS • VICTIM:

VICTORIA WOUNDED FOOT * VICTIME

DELLA STARR • VICTIM:

MENERVA WALKS OUT • VICTIM

Character: CIVIL RIGHTS

Synopsis:

Victims GERALDINE JANIS and MINERVA WALKS OUT alleged

chuy had been cerminated

from employment as community

health workers by Oglala Sioux Tribal Chairnan RICHARD

WILSON

result of their activities opposing tribal

constitution and government.

GERALDINE JANIS On 5/13/73

advised she has not received formal notification of the

scheduling of her appeal before the Personnel Policy

Board of the Oglala Sioux Tribe, Pine Ridge, Souch Dakota,

IM: SHANGRLAUX, Director, Personel Policy Board, advised

that he expacts JANIS"

appeal to be heard within

couple of weeks following

termination of hostilities ac

Wounded Knee,

• South Dakotas

DETAILS:

April 11, 1973, GERALDINE JANIS and MINERVA WALKS

OUT, Pine Ridge,

south Dakota, advised special Agent (3A)

THOMAS R. PARKER of the FBI that they had recently been ter

minated fron their employmant as Conmunity lealth workers by

Oglala Sioux Tribal Chairan RICHARD WILSON.

They stated their

employment termination was the direct result of the fact that

chey are active in Oglala Sioux ciVil rights maccers and had

signed a petition calling

; for a revamping of the Iribal

consercution and government.

¡is certagal o antone nenther recommendations nor conclusioas of the FBJ. It is the property of the fbi and is loaned to your anesey, in and it contents

ice s0t in do elisaritned outade pour agency.

NW 68262 Docld:32989685 Page 469

U,S. GOVEENNIN'S

-Ydt.t"

Sly 840

---

## Page 470

MP 44440727

In support of the above allegation, MiNeNVA

WAnks Ows. turnished photostatic copies ot the tollowing

documents:

1) A Termination Notice dated April 9, 1973

2) Oglala Sioux Tribe Memorandum dated •

April

5, 1973

3)

Two pages entitled "Minutes of the Executive

Committee

Meeting, April l, 1973"

4) An Oglala Sioux Iribal Court Order

NW 68262 Docld:32989685 Page 470

---

## Page 471

P7.

MIDGE, SOUTH DARORA 57770

2E0A22GA MODICE

DATE:

April 9, 3.973

Minecro wills li

JEK Act 5 (9) (2) (D)

SOGIAL SECURITY BUNDER:

JOG TITLE:

DEPARMIRIT OR FROGRAK:

Community Meaith Ropesoentative Program.

'ETECTIVE DATE OF TERRUATION:

42it 5 1972

RELARKS:

Ou April 43 1973 the Riccutive Board taminasad you amployment.

as cir secretary Me one took this action beausE it

•ell. don.

You have the risha to areal the achion to the latela

-Stou Fribal Evaluation Soniltere You must submitth cating

Lo the Conmittee cen days aftor recoint of thile Verination

Them action in this notice is effective mediate

LICSLIT HAS COTLETED THTS DAY

DY RCE PERSONDEX, DEPARTUBIR OF SUE DOLAEA SROUX

L 300x AT 2

at 1973

• 3

•P'ersonnel. Director

NW 68262 Docld:32989685 Page 471

---

## Page 472

• (:

•ROM:

¡UBJECT:

Personnel

•ОГОї

Exocutive Committee

Cilk Personnel, fermination of

The following employees have been tenninated from their positions

as Community Health Ropresentatived, effective on notice as on the

Sth day of April, 1973.

It is reconmended that you give notice to these persons immediately

Geraldine

janis

Victoria Wounded Toot

Eilon Moves Camp

Della Stari

Minerva Waiks Out

6. Enma Bordeaux

I heroby cortify that this action has been taion by the Erecutive

Conmittee in regulax desaion on the 4ch day of April, 1973.

Slugh Willitec

Lloyd li.

Eaglebull,

secretary

• Oglala Sious Iribe

3

...i

NW 68262 Docld:32989685 Page 472

---

## Page 473

ở no credoribe mirrores ri

ils

April 4, 1973

This Megior Seccion of the Executive Comnittee ms held in the office of the

Taibal, President at 10:30 all, wiil Dick Wilson presiding Meubers present

were troacurer, linna I. Nelson and Secrotar, Lloya W. Bagiebull.

1.

ANORADIES FROM OST COURS' PROSACUROR - The following memorandum wae considered

by the Executivo Committee:

March 19, 1973

10:

Executive Board

FROM:

Sidney Witt, Erosecutor, OSt Court

SUBJECT:

Disnissal of Barbara Means as Clerk of Couxts

I an recommending thai Barbara Meare be renovea

fcom the position as Olens of

Courts for conduot unbecoming a public official. On March 8, 1973 she part

cipated in a public demonstration advocating the over throw of the electea

govorment of the Oglala Sioux I'ribe.

I would also like to recommend that Ivy Goings who is presently Deputy Cloc

at courts be promoted to fill the position loft vacant by Barbara Meane

dieniosal.

1s/

Sidney i. Witt

Prosecutor

The Bxecutive Committee unaninonaly votcd to accept the recomendation

terminate Harbora Means as Clerk of Courto effective March 19, 1913.

Ine Executive Committee also provoted Ivy Goings to fill the position as Clerk

of Courte effective March 19, 1973.

2. DUNNATION OF GIR PERSONG Actions of the following Cl fersonnel war dis

chased by the recutive Conmittce: Geraldine Janio, Della Star, Victoria

Wonnded Foot, Ellen Noves Camp, Minerva, Walks Out and Brina, Bordeaux.

persons, by public demonstrations, alvocatod the over throw of the Tribal

Goveunment and the Executive Contree feelo that these persons are not frawing

salary cron the Gil frogcan los such actions during regular working touro.

was the unamimous decision of the locutive Committee that these persons bo

tenminated foon the CiR Progem effoctive April 5, 1913. Appeala from this

decision may be made to the Personnel. Revion Boará.

MUCE 200000 JANES • The Conmiltoe discusced actiona of the person of lamico

Romero Janin and by unanimous action

a decision was made to suspend this

emploype effective March 29, 1973.

4o SEXCORARY DUNBOROR DE CHE PROCLAM -A CompOcary Director for the ChiR Program

was diccussed and by unaminous action of the Board Membece that Are. Amanda

Douthil be appointed to serve as a temporary Director effeutive icidar, April.

6, 1973.

5

NW 68262 Docld:32989685 Page 473

---

## Page 474

2NB0PA2: 220

U - i resortion naber 163-1

United Suatos Depa

net oi transportation was rev

muamous vole of the executive Commattee.

equeoving a grand for vie

ved and approved by i

CINOONIZERES FROGRAM - Due t0 the death of leo Wilcox, Commodition Direcior in

now vaccanti.

Gene Mordanion, witl experience of long services in this progran,

10 hereby appointed to the pocition of Commodities Program Director effootire

March 30, 1973 as caried by unanimous vote. the Coumittee request that te

now Direotor make such recomendations

he may feel neoessary for we personnel.

and positions within the Conmodities Erogra.

CERIIEICAIION

I, as Secretary of the Oglala Sioni Pribal Executive Connittee, hereby cortily

•Thai the forespáng are. the true aotione of thas Conmittee at a

Rogular Seseion

hald on Axal 4s 19%3.

Landed big helice

iloya Wa

Baglenul, secretary

Oglala Sioux Tribe

Dick Wilson,

President

•Oglala Sioux Tribe

NW 68262 Docld:32989685 Page 474

---

## Page 475

WILEREAS,

boen filed into cho Ogla

Sioux Tribal Court

by the portione Sadney vict, that six imployces of the Community Hicalth

Mido erogen including che Diroctor Goraldine Janis have been dianicoe by

the inoculive Board of the Oglalo Mond Irioe. That the Comunity HealCh

1ade trogram

is a Tribally man Pr07a3n.

WIEREFORE:

BE IT AND IT IS HEREWITH ONDERED, ADJUDGED AND DECREED:

THAT,

the Court of the Oglala Sioux Tribe hereby grants a Court Order

careering the Folice Dopacconent to go the orraces of the Commanity Hearth

Achos ond collect all koys to the said officos and to collect the koys to

old voicleo used by the Community Hoalch Aides and to Impound all books aid

rocondo roquoatod by the brocutive Board of che Oglala Sious Tribe.

THAt, any person or persons may show cause why this Couxt Order should not stand

connitted.

TAt, this Court Order shall stand as committed until otherwise changed by the entitled

Court of the Oglala Sioux Tribe.

THAT, failure lo abide by tis Ordoc, any person or persons will be held for prosecution

under Section 72, of the levised Code of the Oglala Sioux Tribe entitled, "DISOBEDIENCE

TO THE LAWEUE ORDER OF THE, COURT."

SIOUX TRIBE,

NTTEST:

111,15

April

19 73, IN THE COURT HOUSE OF THE OGLALA

PINE RIDGE AGENGY, STAUS OF SOUT DAKOTA, COUNTY OF SHANNON.

MARY THE COURT

Liftila

Chief Judge

CERYTFICATION OF SERVICE

I, ESKERY, CENCIFY THAT I HAVE SERVED THIS COURT ORDER ON THIS

19 , AS DIRNGTED:

7

9 THI

DAY OF

Juane g-Brewer

Ir. of Police

Pitle

NW 68262 Docld:32989685 Page 475

---

## Page 476

(1)

Dalo of transerplir 12222 24z 2973

GERALDIDE JANIS, Fire Rápe, South Dakota, Vas Lotor

virsed by Grocial Agence of the

Mite ma adrinod ot

the decian y el tho Agosto ar being

Pcior ko the solouview

2poo10d. Agenbo od che 103. ed Cuos th antorrien concorda

har ecorub bocination don Hor pocieion witt tie foray

iloalch Progran

Sho thea Curadonad the folloring siguad

chabonenta

"April 21, 1973

"Pind Ridge, Souch Dakota

"I, GERALDINE JAMS, malo che following

voluntary and crus scacocons to Special Agoto

JOSEPH CA

LIC DONALD QUÉ EURVIN J, JARACKEN to

Mavo identifiod chencalvos to me ao Spocial.

Agente of che Federal Buceau of Investigatioas

"I tao cuploved as the Director dE tha

• Comunity Acaleh Laprecessabive Rogrom ca the

ugialo Sime Endian Rocozabico, Fino Rose,

reath Dakotas

Thle perreos de Cunded. Dy She

Recuela

Pocacion and Doleera Dogockuent of the

United Denteo soner mas cad de do adraraskercd

Dy die Ogiro Ston Tela (052) 4

The kicoc»

1;07.4070

of the Coranky Mealch Rapcoscotativas

Troçean (COl) is losacod in a bodiding al tho

Mino Aldoe Azpori

"от Лукій 2, 1973, РУНЕ Не ВПроК, 051

covs sed. Locminablon

SAreCLive as 05

1 227132140

Doznc0 & Anoncecated Eo overs

De alas Gic 13

farinalton pochoca for VIGORLA NOUNDED FOOT

PLANA BOVES CADe, PATRO COP

ATACANA WORKG OUD

ileo crployen l

tre ve ind lac

cominatod Scon duc joid vich cing ky thr

trans.ot 0.1: /25/73

ЗА МАЛИ308 Ne DRACKe

hy.

J0312212

PG DONALD

.. Dude diciales 46/23/73

&

inde decerore enelrise pelhel peccomordomons mor concierono e dos disl la is las properdy dl line fal ond la logned lo jere ayea.y,

Hora le crenland

-NW-68262-Docld:32989685 Page 476

---

## Page 477

446/m /27

"Executive boazd of che OSP and chut ve had ten

dayo after recoipt of this torninacion nobico a

watch to subnit in wazing an appeal or chis

action to the OST Evaluacion Comüctee.

* did parcicipace in demonstrations against

the nominastracion of KICUAN WILSON,

the Osc

Chazrann, which wore hold in front of the Bureau

of Indian Affairs Elidings Pine Ridge, souL

Dakota s

BARBARA IRANS had obinined a Permit Cror

the OSt Polico Deparinent, Wine Ridge, Souch

Dalcota, on all pccasions then these demonada

Clong wore hold.

the demonstrations were hold

for the purpose of advocatios a nev fozn of 051

the Executive Board of the 0SX acts without the

entire 15 counell copceronbatives boing cos

vulted, and checofore, the people are not being

repreuented properlys,...

"RIGDARD WILSON YOG Toll avare that I was

against bin and häs amarkstracion and he was

jes waiting fos ma comenity to fire me Exon

my cirployments

BELGA SCARI had cold me chat

keshake wilson bon accorce my posteron to vial

"I believe that RICEARD WILSON and the

Exccutive Board used my parcicipation in the

domonstancions and ny nonbacchip in che Oglala

Stoux Civil Rights Ozganiention as an encure to

senanake my cinployment.

I believe that i vas

fired meroly for carcining my right under the

Concienclon de bis mabed Sauces to parcerpoco

in a pouccid danonscrution and to belong to say

NW 68262 Docld:32989685 Page 477

---

## Page 478

3)

"I did not parcicipate in any demonstrationa:

during working hours, and when i ald so partlei.

pace, I had balen anual leave, that iã, time old

From work

"PLACK LA POINIE, CHR Coordinator, Who 15

located in Abardaan, South Dakota, had advised

ne that I vas icce to join any ocganization I

wlahed to foin as I had cold him that & hod

joûned the Oglala Sioux Civil Righis Ozgandz0t103+

LA POINTE also told ne that I tas frae to taice

part in any domonstration as long as I did so on

ay own time and not vorlding hours.

"According to OST Personnol Policies,

should have been sivon a to veck notice and 1i

should have been this board which gove me the

noside mather thon the OST Executive Boazd,

following are menbere of the Personel Policios

Doacd laows to me?

"GUY RONDAGE Of EDo Presbycesian Churchy

a Ministere

"RAY NIC NUE of the Paith Mission.

*Is fact,

on appaocinatoly April 16, 1973g

RAY MC TUP told me Lic Pornomol. Policy Board

was ncoting on that dise and he asked he if I

was coing to appeal ly concoale

MC WOE cOld

that he did not coow tin: I had been fired

until he had received a

Jotter from the OSI

Precubive Boand subsequant to my dismissal.

"A. Rosolution bod toss passod in the 0SX

Istracion placing sa oCloce the lerit, Syoten

Whini would have inclusad all Tribal Programsy

including the functions of

the Porsonnel Policy

Board During DICK WISON's administzation,

10.

---

## Page 479

11P 4/27

(4)

"the Executive Bea2d boca biring and firing

pcople on theie con volitiona

2n

23 dor to obbain corisin programos 2.5 Fatto

service Carcace, a lacit Systen vas required

and because of the complaints of the 05t residentos

RICHARD WILSON bognn uring

, the Morit Systen agaia-

After i was firod i Callod to CLEVELAND NELSON,

vio 1a euployed by che Durau of Indian Netales.

de 5 Doparchent od Che 1aC0r101

and who tao

Re Brodu of Ludia Ascati Superantendent or

che Line Ridge Indica Rovovation.

"I callod IMAN's office on that occacion

by Eolephone.ond MuSCh ancacad che plones

MEXSON edvised me at thes tine that to has

Knowledge the Morit Syncan Resolution was

96111

the Ecaolcrion portaining to the

Merie Syscen has & nubor which i do nok koow.

"A letber voy sorg ly cosiubored U. B.

W:1l appsaling chia ice Landiation ix my nome

SxAR8 ond VICIONA NOrPOND FOOt on April 10,

1973*

MOVERVA WARS CUC SpoS Chie appeal

leccex ond it me otrad fy the doove Fece

wcien and myscie

Inin letter was mniled to the

Ost Exccutive Boside

"tha recordo ef die CUP ace preacaly Ja

Che nossassion of andino Alladre o beccatid

Publie accountona, :2am2111.n-

South Dakotar" "

prontorly auditing Bucroades

Anual. Lonve

decorda are aico écatained ia those books

11

NW 68262 Docld:32989685 Page 479

---

## Page 480

• (5)

"I also solloiced sigatures for a preition

Eo "Pocition of che Ogiato Sioux Peoplo to the

sopratory or the bicor for & Roserendan Vote

Do revoke the Conselturdon and Bylows of the

of Govarment For tho loopic

and i signed thie

poticion nysalt.

I ras also the signature ot

witness on pagas of this pot cion when they were

notarized.

these potationa were taken co

do another coacon ty RICHARD WILSON had me fired.

All work porfoned ly ne in behale of chis

policion was pardonned ou my owa times

"I have mend thâs statemont which conpists

02 Y

pages aud it lo true and corect to me

base of my lowladgee

"/0/ GERALDINE M. JANIS

"Wlananus

"JOGBLE S, VC DONALD, SpCCial

"WilcOcons

"LIEVE I. DRACKEN, Special Agent,

GERALDINE JANTS Guilize advleed that ELUST LOVES CAME

beco in Woundod Mace, Goach Delicta,

Elice Lala 6073

naired by A0l (Arcam Intian Movemeat) oreportora

Moolaton Wich CORD bu: Chal chi would have beon dominosa

JANG adviced that Maol

sent & sonare lion Wounded lace agicoal

Tost wack of Brahe

1973, that she wished

to rantga Exon her Job vich Cities

12

NW 68262 Docld:32989685 Page 480

---

## Page 481

rile

1D 4/m727

(6)

12Go JANIS also staced that malA BORDENX who had

also boar cared xon bor job wich Mine dad costened

aborts two wecks panor to the accuad taring and nod moved

to Nebraskar

The following lo a description of GERALDINE JANIS"'

23 obtained through interview and observations

Name

CERALDINE JANIS

Birth Data

Ray 202 1920

• Lane didge, south Dakota

Address

Pine Ridge, Souch Dakota

Ilasband

Height

Waight

Compleadon

IVAL JANIS

5 face 7 inches

130 pounds

Black

byes

Social security,

Number

JEK Act 5 (g) (2) (D)

13

-NW 68262-Docld:32989685 Page 481

---

## Page 482

MP 444400727

On May 13, 1973, GERALDINE JANIS advised she

has not received formal notification or the scheduling

or her appeas before the fersonnel olicy Board of che

Oglala Sioux Tribe, Pine Ridge, South Dakota.

TIM SHANGREAUX. DireCtor, Personnel PolIcy

Board, advised on May 14g

'ensomel Polacy Board are norally hal ones of che

3 the firat

and third Tuesday of each month.

SHANGREAUX said that

the turmoil at Wounded Knee has eftected the scheduling

oi the appeal. hearing of GERALDINE JANIS.

stated that JANIS*

SHANCREAUX

appeal would possibly be held within

a couple of weeks iollowing the termination of che

hostilities ac wounded inee.

Departmental Attorney R. DENNIS ICKES has

requested that no turcher information be conducted

excent to tollow the appeal oc GERALDING JAVIS befOre

the Personnel Policy Board of the Oglala Sioux Iribe,

Pine Ridge, South Dakota.

+ 148 9

NW 68262 Docld:32989685 Page 482

---

## Page 483

RD-365 (Rav. 8-9-71)

FBI

Date:

4/24/73

Transmit the following in

Via

AIRTEL

(Type in plaintext or code)

AIR MAIL

(Priority)

To:

Director, FBI

ATTENTION:

From:

SAC, MinneapoLi: (44-727) [& CIVIL RIGHTS SECTION

(P)

GENERAL INVEST. DIV.

Subject: RICHARD WILSON,

[7 DOMESTIC INTELLIGENCE DIV.

OGLALA SIOUX TRIBAL CHAIRMAN; EMMA TE NELSON, GEARA

SIOUX TRIBAL TREASURER; LLOYD WO DAGLE BULL,

SIOUX TRIBAL SECRETARY;

GERALDINE JANIS -VICTIM:

VICTORIA WOUNDED FOOT - VICIIME DELLA STARR - VICTIMS;

MINERVA WALKS OUT - VICTIM. CIVIL: RIGHTS

XCR DEL MADIH

I CRA-64

D PA

ПРЕ

OPE DE

I EID [7 Bomb-Threats

1 Extremist Matters

[J White Hate 1] Black

Summary of Complaint: GERALDINE JANIS stated she was

terminated from her employment with the Community Health

Representatives

Program by the Oglala Sioux Executive Board,

effective 4/5/73, for advocating the overthrow of the oglala

Sioux Tribal Government. JANIS stated she lawfully took

part in demonstrations against the present Oglala Sioux

Administration and that these actions on her part were used

by the Oglala Sioux Executive Board as an excuse to terminate

her employment. JANIS has appealed this termination to the

Oglala Sioux Executive Board.

R. DENNIS ICKES, Departmental

Attorney, advised a possible violation of Title 18, Section

241, USC, may exist.

ICKES advised no further investigation

should be conducted until the victim's appeal has.been

adjudicated by the Oglala Sioux Executive Board.

ACTION: VACB: REC-32 ACT-17 712

EO MAY 2 1973

[.] No further action being taken and

Ix LHM enclosed ~ Copy furnished to USA Sioux Falls, SD

2) - Bureau (ENG 6)N I FD-376 (enclosure to LHM)and Departmental Attorney,

• (RM) / LHM being submitted

Civil Rights Division,

2 - Minneapolis /j Report being submitted

Department of Justice,

JCM: Wkb

(4)

1) Preliminary investigation instituted Pine Ridge, SD

Г) Limited investigation instituted

53 MAY 3.01973

P2142

NW 68262 Docld:32989685 Page 483

Snecial Agent in Charge

Sent

M

Per

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## Page 484

MP 44-727

EAL

MINNEAPOLIS

AT PINE RIDGE, SOUTH DAKOTA

Will follow the adjudication of GERALDINE

JANIS' appeal to the Oglala

SiOUX Executive Board.

2%

NW 68262. Docld:32989685 Page 484

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## Page 485

In Reply, Please Refer to

File No. MP 44-727

UNILED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

Minneapolis, Minnesota

April 24, 1973

RICHARD WILSON, OGLALA SIOUX TRIBAL CHAIRMAN;

EMMA T. NELSON,

OGLALA SIOUX TRIBAL TREASURER:

LLOYD WO EAGLE BULL, OGLALA SIOUX TRIBAL SECRETARY;

GERALDINE JANIS - VICTIM;

VICTORIA WOUNDED FOOT - VICTIM;

DELLA STARR - VICTIM;

MINERVA WALKS OUT - VICTIM

Out, Pine Ridge,

Dakota, advised Special Agent

Thomas R. Parker of the FBI that they had recently been

terminated from their employment as Community Health

workers by Oglala Sioux Tribal Chairman Richard Wilson.

They stated their employment termination was the direct

result of the fact that

they are active in Oglala Sioux

Civil Rights matters and had signed a petition calling

for a revamping of the Tribal Constitution and Government.

In support of the above allegation, Minerva Walks Out

furnished photostatic copies of the following documents:

1. A Fermination Notice dated April 9, 1973;

2. 0g133a Sioux Tribe Memorandum dated April 5,

3. Two pages entitled "Minutes of the Executive

Committee Meeting, April 4, 1973;"

4. An Oglala Sioux Tribal Court Order.

56246-/

•ENCLOSURE

NW 68262 Docld:32989685 Page 485

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## Page 486

1:1h'.: 11!

'?.:

UGLAL 50006 TRICK

PIE KTOGS, SOUFi! PAKOIs

57770

TEN ANTON LOTICE

DATE:

April 9,

1.973

iNdiE Or BIFLOYEE:

SOGIAL SECURITY MUilDER:

Minerva Walks Qui

JEK Act 5 (g) (21 (D)

JOB TITLE:

" DEPARITCUT OR PROGRAl:

Community Health Represcntativc Proskam

'EFFECTIVE DATE OF TERMINATTON:

April 5. 1973

RESLARKS:

On April 4, 1973 the Executive Board terminated your employment

was CIlK Secretary. The Board.

I took this action because of your

demonstrating to overhrow the tribal Governmente

You have the right to apneal this action to the Ostala

Sioux Tribal Evaluation Committee: You must submit in waiting

to the Committee ten days after receipt of this lamination

Notice.

1. 1 soda a so

This action in this notice is affective immediatette

ILCUBENT WAS NOTIFIED TETS DAY,,

Monday, Ani 2

OX THE PEESOLDER DEPARMUEIT OF THE DELALA STOUX TRIDE.

:

- 1973

2

Personnel Director

NW 68262 Docld:32989685 Page 486

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## Page 487

Uglala Dion 'Dribe

OFFICE MEMORiNDUM

TO:

FROM:

"SUBJECT:

DATE AprIL, 1013

l'ersonnel Director

Executive Committca

CIR Personnel, Termination of

The following employces have been terminated from their positions

as Conmunity Health Representatives, effective on notice as on the

5th day of April, 1973.

It is recomnended that you give notice to these persons immediately.

1. Geraldine Janis

2. Victaria Wounded Foot

3.

Ellen Moves Camp

4. Della Starr

5. Minerva Walks Out

6. Emma, Bordeaux

I hcreby cortify that this action has been taken by the Ezecutive

Committee in regular session on the 4th, day of April, 1973.

...

Lloyd W. Eaglebull, Secretaxy

Oglala Sioux Iribe

3 :

NW 68262 Docld:32989685 Page 487

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## Page 488

MINUTES OF THE EXECUTIVE CONMITTEE MEETING

April 4, 1973

This Regular Session of the Executive Committee was held in the office of the

Tribal President at 10:30 a.m. with Dick Wilson presiding. Members present

were Ireasurer, Emma I. Nelson and Secretary, Lloyd W. Eaglebull.

1.

MEMORANDUM FROM OST COURT PROSECUTOR - The following memoxandum was considered.

by the Executive Committee:

March 19, 1973

TO:

Executive Board

FROM:

Sidney Witt, Prosecutor, OST Court

SUBJECT: Dismissal of Barbara Means as Clerk of Courte

I am recommending that Barbara

Means be renoved from the position as Clerk of

Courts for conduct unbecoming a public official. On March 8, 1973 she parti-

cipated in a public demonstration advocating the over throw of the elected

government of the Oglala Sioux I'ribe.

I would also like to recommend that Ivy Goings who is presently Deputy Clerk

of Courts be promoted to fill the position left vacant by Barbara Means

dismissal.

/s/ Sidney I. Witt

Prosecutor

The Executive Conmittee unamimously voted to accept the recommendation to

terminate Barbara Means as Clerk of Courts effective March 19, 1973.

The Executive Committee also pronoted Ivy Goings to fill the position as Clerk

of Courts effective March 19, 1973.

2.

TERMTFATION OF CIY PERSONNEL. - Actions of the following CHR Personnel was dis

cussed by the Ixecutive Conmitteo: Geraldine Janis, Della Starr, Victoria

Wounded Foot, Ellen Moves Camp, Minerva Walks Out and Enna Bordeaux.

persons, by public demonstrations, advocated the over throw of the Tribal

Government and the Executive Comnittee feels that these persons are not drawing

salary from the CIR Progran for such actions during regular working hours.

It was the unamimous decision of the Executive Committee that these persons be

terminated fcom the CIR Progron effective April 5, 1973. Appeals from this

• decision may be made to the Personnel. Review Board.

3.

BERNICE ROMEROYJANIS - The Conmittee discussed actions of the person of Bemice

Rome ro Janis and by unanimous action a decision was nade to suspend this

employee effective March 29, 1973.

4.

TEMPORARY DIRECTOR OF CIT PROCUM - A temporary Director for the CHR Program

was discussed and by unaminous action of the Board Members that Mrs. Almanda

Douthit be appointed to serve as a temporary Director effootive Friday, April

6, 1973.

NW 68262 Docld:32989685 Page 488

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## Page 489

•5.

6.

RESOLUTION NO. 783-10 - 1 resolution nunber 783-10 requesting a grant for tian

United Stales Department of Transportation was reviewed and approved by un-

amimous vote of the Executive Comnittee.

COMMODITTES PROGRAM - Due to the death of Leo Wilcox, Commodities Director i&

now vacant. Gene Merdanian, with experience of long services in this progran,

is hereby appointed to the position of Commodities Program Director effective

March 30, 1973 as carried by unanimous vote. The Comnittee request that the

new Dixector make such recommendations he may feel necessary for the personnel

and positions within the Commodities Program.

."

CERTIFICATION

I, as Secretary of the Oglala Sioux Tribal Executive Committee, hereby cextify

that the foregoing are the true actions of this Committee at a

Regulax

Session

held on April 4, 1973.

Sende galace

Iloyd W. Eaglebull, Secretary

Oglala Sioux Tribe

ATTEST:

ratheis

Dick Wilson, President

•Oglala Sioux Tribe

5

NW 68262 Docld:32989685 Page 489

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## Page 490

OGLALA SIOUX TRIBE

*PINE 'RIDGE' INDIAN RESERVA'

SS.

UR T

ORDER

N)

WHEREAS,

a petition has boen filed into the Oglala Sloux Tribal Court

by tho portioner sidney witt, that six imployees of the community llealth

Aido Progran including the Diroctor Geraldine Janis have been dismissed by

the Exocutive Board of the Oglala Sious Irive. That the Connunity Health

Aide Progran is a Tribally mun Proiram.

WHEREFORE: BE IT AND IT IS HEREWITH ORDERED, ADJUDGED AND DECREED:

THAT,

the court of the Oglala Sioux Tribe hereby grants a Coum. Order

directing the Police Depa riment to go the offices of the Community Health

Mirins and collect all koys to the said offices and to collect tha leys ¿o

all vohicles used by the Connunity Health Aides and to impound all bouks and

records requested by the Executive Board of the Oglala Sioux Tribe.

THAT, any person or persons may show cause why this Court Order should not stand as

committed.

THAT, this Court Order shall stand as committed until otherwise changed by the entitled

Court of the Oglala Sioux Tribe.

THAT, Failure to abide by this Order, any person or persons will be held for prosecution

under Section 72, of the Revised Code of the Oglala Sioux Tribe entitled, "DISOBEDIENCE

TO THE LAWFUL, ORDER OF THE, COURT. "

DONE THIS

2th DAY Or 10ril

-, 19 73

SIOUX TRIBE, PINE RIDGE AGENCY,

3, IN THE COURT' HOUSE OF THE OGLALA

STATE OF SOUTIT DAKOTA, COUNTY OF SHANNON.

ATTEST:

THE COURT

Віковеск

Chief Judge

Retting

CEKTIFICATION OF SERVICE

I, HEREBY, CERTIFY THAT I HAVE SERVED THIS COURT ORDER ON THIS

chase

- 19 2, AS DIRECTED:

6

9TH •

DAY OF

NW 68262 Docld:32989685 Page 490

Name

Duane go Brewer

Lt. of Police

Title

---

## Page 491

FD-30? (REV. 11-27-70)

FEDERAL BUREAU OF INVESTIGATION

(1)

Dole of transcriplior April 24, 1973

South Dakota, was inter-

JANIS was advised of the identity of the Agents as being

Special Agents of the FBI and that the interview concerned

her recent termination from her position with the Commnity

Health Program. She then furnished the following signed

statement:

Aire ide, South Dakota

"I, GERALDINE JANIS, make the following

voluntary and true statement to Special Agents

JOSEPH C. IC DONALD and MARVIN J. BRACKEN who

have identified themselves to me as Special

Agents of the Federal Bureau of Investigation:

Community Health deesenta ive deo an on the

Giala sioux Lndian Reservation, Pine Kidge

South Dakota.

this program is funded by the

United Education and Welfare Department of the

States government and it is administered

by the Oglala-Sioux Tribe (OST).

The head-

quarters

of the Commnity Health Representatives

Program (CHRP) is located in a building at the

Pine Ridge Airport.

"on April 9, 1973, DUANE J. BREWER, OST

Police Department, gave me a termination

notice that I had been terminated from my

employment from the chri, estective as of

April 5, 1973

because I demonstrated to over

He also gave me

termination notices for VICIORIA WOUNDED FOOT,

GLUEN HOVES CANE, DELLA STAR, MINERVA WALKS OUT

and LudA BORDEAUX, who were also employed by

chile These notices stated that we had been

terminated from out jobs with CiRe by the

Interviewed on 4/27,73

SA MARVIN J. BRACKEN

by-

SA JOSEPH C. MC DONALD

_Pine Ridge, South Dakota File # MP 44-727

JCM: wkb

_ Dole dictated_

4/23/73

This document contains neither recommendations nor conclusions of the FBl. I is the property of the FBl and is looned to your agemy.

it and ils

contents

ore

nor le be distribuled outside your agency.

NW 68262 Docld:32989685 Page 491

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## Page 492

75, 44-727

"Executive Board of the OST and that we had ten

days after receipt of this termination notice in

which to subnit in writing an appeal of this

action to the ost Ivaluation Committee.

"I did participate in demonstrations against

he administration of RICHARD WILSON

hairman, which were held in front of the Bureat

of Indian Affairs building, Pine Ridge, South

Dakota.

BARBARA MEANS had obtained a Permit from

the OST Police Department, Pine Ridge, South

Dakota, on all occasions when these demonstra-

tions

were held.

The demonstrations were held

for the purpose of advocating a new form of OST

government and against the policies carried on

Dy LEIDal Chairman, RICHARD WILSON. I feel that

the Executive Board of the OSt acts without the

entire 15 council representatives being con-

sulted, and therefore, the people are not being

represented properly.

"RICHARD WILSON was well aware that I was

against him and his adninistration and he was

just waiting Ior an opportunity to fire me from

my employment.

BELLA STARK had cold me that

RICHARD WILSON had offered my position to VIVIAN

AMLOTTE, a licensed practical nurse, a short time

after he was elected tribal chairman.

"I believe that RICHARD WILSON and the

Executive Board used my participation in the

demonstrations and my membership in the Oglala

Sioux Civil Rights Organization as an excuse to

terminate my employment.

I believe that I was

fired merely for exercizing my right under the

constitution of the United States to participate

in a peaceful demonstration and to belong to any

lawful organization.

8

NW 68262 Docld:32989685 Page 492

---

## Page 493

MP. 44-727

(3)

"I did not participate in any demonstrations

during working hours, and when I did so partici-

pate, I had taken annual leave, that is, time off

CHR Coordinatox, who is

Located in Aberdeen,

"ELMER LA POINTESouth Dakota, had advised

joined

the Oglala Sioux Civil Rights Organization.

LA POINTE also told me that I was free to take

part in any demonstration as long as I did so on

my own time and not working hours.

"According to OST Personnel Policies, 1

should have been given a two week notice and it

should have been this board which gave me the

notice rather than the OST Executive Board. The

following are members of the Personnel Policies

Board known to me:

"GUY RONDELL of the Presbyterian Church,

a Minister.

"RAY MC HUE of the Faith Mission.

was meeting on that date and he asked me if I

was going to appeal my dismissal.

MC HUE told

me that he did not know that I had been fired

until he had received a letter from the ost

Executive Board subsequent to my dismissal.

"A Resolution had been passed in the ost

administration prior to RICHARD WILSON's admin-

istration placing in effect the Merit System

which would have included all Tribal Programs,

including the functions of

the Personnel Policy

Board. During DICK WILSON's administration,

9

NW 68262 Docld:32989685 Page 493

---

## Page 494

MP 44-727

(4)

"the Executive Board began hiring and firing

people on their own volition. Subsequently in

order to obtain certain programs, e.g. Public

Service Careers, a Merit System was requirec

and because of the complaints of the OST residents,

Ja So Department of the Interior,

apparently acting in the place of STANLEY LYMAN.

the Bureau of Indian Affairs Superintendent of

the Pine Ridge Indian Reservation.

"I called LYMAN's office on that occasion

by telephone and NELSON answered the phone.

NELSON advised me at that time that to his

knowledge the Merit System Resolution was still

in effect. The Resolution pertaining to the

Merit System has a number which I do not know.

"A letter was sent by registered U. S.

Mail appealing this job termination in my name

and in the names_of MINERVA WALKS OUT,

DELIA

STARR and VICTORIA WOUNDED FOOT on April 16,

1973. MINERVA WALKS OUT typed this appeal

Letter and it was signed by the above three

women and myself.

This letter was mailed to the

OST Executive Board.

"The records of the CHRP are presently in

the possession of FRANCIS KILIER, a Certified

ublic Accountant, Vermillion

uarterly auditing purposes. Annual leav

ecords are also contained in these books

10

NW 68262 Docld:32989685 Page 494

---

## Page 495

MP 44-727

(5)

"I also solicited signatures for a petition

to "Petition of the Oglala Sioux People to the

Secretary of the Interior For a Referendum Vote

and I signed this

petition myself. I was also the signature of

witness on pages of this petition when they were

notarized.

These petitions were taken to

Superintendent STANLEY LYMAN.

I feel that this

is another reason why RICHARD WILSON had me fired.

All work performed by me in behalf of this

petition was performed on my own time.

"I have read this statement which consists

of y pages and it is true and correct to the

best of my knowledge.

"/s/ GERALDINE M. JANIS

"Witness:

"JOSEPH C. MC DONALD, Special

Agent, F.B.l.

"Witness:

"MARVIN,J. BRACKEN, Special Agent,

E.B.I.

GERALDINE JANIS further advised that ELLEN MOVES CAMP

position with CHRP but that she would have been dismissed

due to her absence from work. JANIS advised that ELLEN

MOVES CAMP had sent a message from Wounded Knee approxi-

mately in the last week of March, 1973, that she wished

to resign from her job with CHRP.

11

I NW 68262_Docld:32989685 Page 495

---

## Page 496

MP. 44-727

(6)

Mrs. JANIS also stated that EMMA BORDEAUX who had

also been fired from her job with CHRP had resigned

about two weeks prior to the actual firing and had moved

The following is a description of GERALDINE JANIS

as obtained through interview and obsem tion:

Name

GERALDINE jANIS

Birth Data

* May 28, 1928

Pine, Ridge, Souch Dakota

Address

Pine Ridge, South Dakota

Husband

/' IVAL -JANIS

Height

5 feet 7 inches

Weight

130 pounds

Complexion

Dark

Hair

Black

Eyes

Brown

Social Security

Number

JFK Act 5 (9) (2) (D)

12

- NW 68262-Docld:32989685 Page 496

-----

---

## Page 497

RICHARD WILSON, OGLALA SIOUX TRIBAL CHAIRMAN;

OGLALA SIOUX TRIBAL TREASURER:

DELLA STARR • VICTIM;

MINERVA WALKS OUT - VICTIM

The above facts were discussed with R. DENNIS ICKES,

Departmental Attorney, U. S. Department of Justice, Pine

ROSE So Mh Dakota, and ApR/1}: B37CKEN S the Agents

and ICKES advised that

no prosecutive action would be

taken at the present time, although it appears that a

possible violation of Title 18, Section 241, U. S. Code

may exist. ICKES advised that

should be conducted until the victim ther investigation

s appeal has been

adjudicated by the Oglala Sioux Tribal Executive Board.

RICHARD "DICK" WILSON is the duly elected President

of the Oglala Sioux Tribal Council, Pine Ridge Indian

Reservation, and in this position he has taken a strong

stand against the

American Indian Movement (AIM) and its

objectives.

Impeachment action has been taken against

WILSON on numerous occasions by members of the Tribal

Council sympathetic to AIM, and his removal has been a

Re maty objective of AIM at Wounded Knee, South Dakota.

his supporters, commonly referred to as his

"goon

" have been the

subjects of numerous civil rights

complaints that have been made during the negotiations

at Wounded Knee.

its contents are not to be distributed™

outside

13%

NW 68262 Docld:32989685 Page 497

---

## Page 498

20p 1507

HONE

NS I-IJO

memorandum

MT. Felt

DATE: 5/3/73

FROM

nkins

• PoLice TRAiNina-MiNNeAPoLis

SUBJECT:

TRAINING DE OCTATA SIOUX INDIANABOLICE

PINE RIDGE, SOUTH DAKOTA,

DEPARTMENT

a visit in Fine 20.

Mr.

MIr.

eucland

onrad

ebbardt,

MF. Jenkins

Mr. Marshall

Mr. Miller, E.S.

Mr. Soyars

Mr. Thompson

Mr. Walters

Tele. Room

Mr. Kinley

Mr. Armstrong

Mr. Bowers -

Mir. Herington

Ms. Herwig

Mr. Mintz-

Mrs.-Neenan

Inspector James V. Cotter of the Training Division went to

advised Chief Wilson thät he was there as a representative from FBI

Headquarters to assure the Chief that the FBI would-do everything we

could to assist in training members of his Tribal Police Force

Police Iraining Coordinator of the Minneapolis FBI Office and two

especially selected police instructors conferred with the Chief on the

nature of the training needed. Chief Wilson wanted to give the new

officers eight hours of training and put them out on patrol with an

experienced officer.

Ne. Ridge Di

Inspector Cotter and the Police Training Coordinator put .

together a preliminary program of 18 hours which they felt was a

minimum requirement. Chief Wilson said that they had

been able to hire

41 individuals, some of whom had college degrees, and he was pleased

that the caliber of the people they were employing was above average.

The program put together included firearms training in shoulder weapons,

techniques and mechanics of arrest, basic and investigative techniques

covering the protection of crime scenes and interviewing, law as it

applies to Indian versus Indian on the reservation, patrol procedures,

identification of explosives and anti-sniper and survival tactics.

The program was set up to be held six hours a day for three. days after

which time the trainees would be put with an experienced Indian officer.

The Chief was most appreciative that the FBI had taken such

special interest in providing training töchis people.

He said the FBI

was the only agency that had kept its promises to him'and, speaking

very frankly, he said that the FBI was

the only Federal agency really

trusted by his people.

1 - Mr. Gebhardt®

3 15 T8 64:13

JVC:mkm

(4)

" RECESEID 1520 43 = 967

CONTINUED - OVER

20 MAY * 1973

54MAY 1 51973=C0 Mans:

NW 68262 Docld:32989685

Page 498

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## Page 499

Memorandum I. J.

Jenkins to Mi. 'Felt

Re:

Training of Oglala Sioux Indian Police

Pine Ridge, South Dakota

The Police Training Coordinator of the Minneapolis Office,

SA Herb Eckenroth, was prepared to initiate the training on 5/1/73.

Arrangements had been made to secure classroom facilities and necessary

training equipment.

Mr. Cotter feels that for the purpose intended

of assuring Chief Wilson of our interest in providing assistance the

visit to Pine Ridge, South Dakota, was very successful.

ACTION:

None

for information.

NW 68262 Docld:32989685 Page 499

---

## Page 500

FD-36 (Rev. 12-13-56)

FBI

Date:

1/31/64

Transmit the following in

(Type in plain text or code)

Via

AIRTEL

AIR MAIL

(Priority or Method of Mailing)

0. 10?

TO:

FROM:

SUBJECT:

DIRECTOR, FBI

;!SAC,

MINNEAPOLIS (46-

CHARLES E. HEINTZELMAN

Construction Engineer

Public Housing Administration

Pine Ridge, South Dakota

Indian Reservation

RICHARD WILSON;

ALBERT DALE;

FRAUD AGAINST

THE GOVERNMENT

Enclosed are three copies of LHM setting forth

facts of complaint received.

On 1/29/64, facts concerning the complaint were

discussed with AUSA PARNELL J. DONOHUE, Sioux Falls, SD.

Mr. DONOHUE advised he believes the allegations, if verified,

would warrant prosecutive consideration.

Investigation continuing and report will be submitted.

0

(3 Bureau

(Enc.

3)

2-Minneapolis

JEM:KJK

(5)

ENCLOCURE

HHEA

CSC

/

R40

Adresid

11.

40%6

FED, I 100t

Fastar

Lạ REC. 34

Approved:

Special Agent in Charge .

NW 68262 Docld:32989685 Page 500

Sent .

_M

Per

---

## Page 501

4-22

1+22-60)

Federal Bureau of Investigation

Records Branc

- , 19

Name Searching Unit - Room 6527

Service-Unit

2256 348/

Supervisor

Room

Ext.

Type of References Requested:

Regular Request (Analytical Search)

All References (Subversive & Nonsubversive)

Subversive References Only

Nonsubversive References Only

_ References.Only

Type of Search Requested:

Restricted to Locality of Diana.

*Exact Name Only (On the Nose)

Buildup

Variations

=

Subject Bakait Thetien

Birthdate & Place _

Address

Localities

R#.

" Prod.

NI

M.5

NT

NI

- Date Fri

_ Initials.

FILE NUMBER

<1.

26 - 131491

26÷112510

06-160401

SERIAL

NW 68262 Docld:32989685 Page 501

---

## Page 502

4-22. (R

-22-60)

Federal Bureau of Investigation

Records Brar

- , 19

Name Searching Unit - Room 6527

Service Unit - Room 6524

Forward to File Review.

Attention Ey-

i Return to Krit

Supervisor

2.256

Room

3481

Ext.

Type of References Requested:

JRegular Request (Analytical Search)

JAll References (Subversive & Nonsubversive)

Subversive References Only

Nonsubversive

GReferences Only

Type of Search Requested:

126, 08 decReta

References Only,

I Restricted to Locality of

Exact Name Only (On the Nose)

Buildup

_ Variations

subject Certa

Birthdate & Place

Address

Localities

Hale

Date

initiche Liter

Initials.

SERIAL

Prod..

M.F7

M.*

FILE NUMBER

26-33456

26-29968

25-464132

NW 68262 Docld:32989685 Page 502

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## Page 503

4-22. (1

1-22-60)

Federal Bureau of Investigation

Records Bra.

, 19

Name Searching Unit - Room 6527

Service Unit - Room 6524

2256 2481

Room

Ext.

Type of References Requested:

•Regular Request (Analytical Search)

All References (Subversive & Nonsubversive)

Subversive References Only

Nonsubversive References Only

Main

Type of Search Requested:

Restricted to Locality of

Exact Name Only (On the Nose)

Buildup

_ Variations

Subject cartin e

. Keistzelnien

Birthdate & Place -

Address

Localities

R#.

• Prod.

• Date -2-3

Searcher

Initials

FILE NUMBER

SERIAL

NI

NR

Chrules weintzelan

139-252

NR

NW 68262 Docld:32989685 Page 503

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## Page 504

In Reply, Please Refer to

File No.

LED STATES DEPARTMENT O

STICE

FEDERAL BUREAU OF INVESTIGATION

Minneapolis, Minnesota

January 31, 1964

CHARLES E. HEINTZELMAN

Construction Engineer

Public Housing Administration

Pine Ridge, South Dakota,

Indian Reservation;

RICHARD WILSON;

ALBERT DALE;

FRAUD AGAINST THE GOVERNMENT

Vincent Brewer, former Executive Director, and

Hobart Keith, Board member, both of the Oglala sioux Housing

Authority, Pine Ridge, South Dakota, Indian Reservation, have

advised the Oglala Sioux Tribe has borrowed approximately two

million dollars with which to construct homes on the Pine

Ridge Indian Reservation.

They advised the money was borrowed

from the Public Housing Administration, an agency of the U.s.

Government, with the money to be repaid by the tribe..

Part of

the agreement the tribe entered into with the Public Housing

Administration was that the latter would furnish a man to supervise

construction of the buildings. Heintzelman has been given this

job.

Brewer alleges a Board of Commissioners, consisting of

che Reservation superintendent, several Local persons, anc

albert Dale as treasurer, has been set up to oversee the project.

He described Dale as the owner of a bank in Rushville, Nebraska,

and also a stockholder in the Rushville Lumber Company.

It is alleged that Heintzelman has failed to open and

accept bids for materials as specified at the time the bids are

let.

He has accepted bids on his own, without the Commissioners

approval, from companies which he contacted after opening original

bids received.

This document contains neither recommendations nor conclusions

of the FBI.

It is the property of the FBI and is loaned to your

agency; it and its

contents are not to be distributed outside

your agency.

advised of dis mater

NW 68262 Docld:32989685 Page 504

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## Page 505

CHARLES E. HEINTZELMAN ET AL

Both men claim the Rushville Lumber Company has

submitted the low bid on approximately 75 per cent of the

building materials used, and that in almost every instance,

the bid of this company has been just a few dollars lower

than that of

the next lowest bidder.

Brewer claims wholesale

lumbermen have advised him a retail lumber business, such

as the Rushville Lumber Company, could not submit such low bids

on neta

profitably.

It is also alleged that Richard Wilson, who is in charge

of the plumbing work on the project, has used materials from

the housing project to construct a home, a basement, and a

partially finished plumbing shop, with the knowledge of

Heintzelman. None of this material has apparently been paid for.

Brewer advised there are several other instances

where materials from the project have been used to put additions

onto homes on the reservation, apparently with Heintzelman's

knowledge.

Keith advised he purchased a furnace from Wilson,

which came from a home that was removed from the project.

This

furnace, together with other appliances in the home, were to be

sola to

the highest bidder.

Instead, Heintzelman gave them to

Wilson, who in turn sold at least part of them.

Efforts on the part of Keith to examine project records

have been thwarted, although he claims he is entitled to

examine such records as a Board member.

Special Officer James F. Fail, Pine Ridge, South Dakota,

has advised the funds involved are actually property of the U.s.

Government.

Investigation is being conducted regarding the

allegations.

- 2 -

NW 68262 Docld:32989685 Page 505

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## Page 506

FD-2Cü (Rep. 3-1-59)

in.

70

FEDERAL BUREAU OF INVESTIGATION

REPORTING OFFICE

MINNEAPOLIS

OFFICE OF ORIGIN

MINNEAPOLIS

TITLE OF CASE

CHANGED

CHARLES

EDWARD REINTZELMAN,

Inspector, Public Housing

Administration, Pine Ridge,

South Dakota,. Indian

Reservation;::

RICHARD ALLEN WILSON;

ALBERT DALE

DATE

2/19/64

INVESTIGATIVE PERIOD

1/24 - 2/12/64

REPORT MADE BY

SA JOHN E. MC CARTY

CHARACTER OF CASE

TYPED BY

sja

FRAUD AGAINST THE GOVERNMENT

The title of this report is changed for information

of Bureau to reflect the middle names of HEINTZELMAN and

WILSON, and to reflect HEINIZELHAN'S position as. Inspector, as

he has advised this is his title. Chicago and Omaha previously

advised.

REFERENCES:

Minneapolis airtel to Bureau dated 1/31/64.

Minneapolis airtel to Chicago and Omaha dated

2/7/64. (10)

-P-

LEADS

APPROVED

COPIES MADE:

CHICAGO DIVISION

AT CHICAGO, ILLINOIS

Housing Administrat opport results of investigation at Publi

OMAHA DIVISION

SPECIAL AGENT

IN CHARGE

DO NOT WRITE IN SPACES BELOW

4

2

2

177

Bureau

USA, Sioux Falls

-

Chicago

Omaha

- Minneapolis (46-2614)

!!.

:: 56: 24 1564

MCT-20

REC 4

DISSEMINATION RECORD OF ATTACHED REPORT

(1cC RAO

NOTATIONS

AGENCY...

REQUEST RECD..

DATE FWD..

HOW FWD.

114

MAR 4T

1964

NW 68262 Dold:32989685 Page 5067/ve ScaNnENTPinaore 10-7036-1

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## Page 507

MP 46-2614

AT RUSHVILLE, NEBRASKA

Will report results of interviews with

ALBERT DALE and officials of the Rushville Lumber Company.

MINNEAPOLIS DIVISION

AT RAPID CITY, SOUTH DAKOTA

Upon receipt of information from Chicago will

recontact U.S. Attorney to determine if he feels facts

determined

actually constitute

Fraud Against the Government

violation.

-

- B$ .

COV EI

PAGE

NW 68262 Docld:32989685 Page 507

--=-

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## Page 508

E1D-904 (167, 3-8-59)

UNITED STATES DEPARTMENT Or JUSTICE

FEDERAL BUREAU OF INVESTIGATION

Copy to:.

USA, Sioux Falls

Report of:

Date:

SA JOHN E. MC CARTY

2/19/64.

• Field Office File No.: 46-2614

Title:

CHARLES EDWARD HEINTZELMAN;

Inspector, Public Housing Administration,

Pine Ridge, South Dakota, Indian Reservation;

RICHARD ALLEN WILSON;

Character:

ALBERT DALE

FRAUD AGAINST THE GOVERNMENT

Office: MINNEAPOLIS, MINNESOTA

• Bureau File No.:

Synopsis:

JAMES F. FAIL advised he had received complaints alleging property

at housing project on Pine Ridge Indian Reservation being disposed

of improperly.

Advised complainants allege contracts are being

Let by HEiNTZELMAN improperly, with Rushville Lumber Co., of which

ALBERT DALE 1s allegedly a large stockholder, getting majority of

bids.

DALE also treasurer of Oglala Sioux Housing Authority. TAIL

advised government lunds and property involved. HEINTZELMAN denies

any improper activities, claims property being disposed of in a

legitimate manner and contracts being let only to lowest qualified

bidders. HOBART KEITH and VINCENT BREWER allege HEINTZELMAN has

taken over authority of the Housing Authority,

and he and WILSON

illegally disposing of housing project materials. Minutes of

Housing

Authority indicate HEINTZELMAN given authority to buy and

sell for the Authority. WILSON admits using housing project

materials for own use, but claims intends to pay for them.

DETAILS:

At Pine Ridge, South Dakota

On January 24, 1964, Special Officer JAMES F. FAIL,

Police Department, Pine Ridge

Indian Reservation, advised he has

received complaints from HOBART KEITH, a member of the Board of

Directors of the Oglala sioux Housing Authority, and from VINCENT

BREWER, a former executive director of the Authority, alleging

property at the housing project at Pine Ridge is being disposed

of illegally by HEINTZELMAN and DICK WILSON. They also alleged

HEINTZELMAN has been letting contracts, primarily to the Rushville

This document containe neither recommendalone cont cince hot to distributo out the your est of the FBI and is lanned to your agency; it and

NW 68262 Docld:32989685 Page 508

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## Page 509

MP 46-2614

Lumber Company, improperly.

FAIL advised he did not know if

government funds or property are involved, but that KEITH, as a

board member, is checking records of the Housing Authority to

determine just what is involved.

On January 28, 1964, Mr. FAIL advised KEITH had attempted

to check the records, but that Mrs. RICHARD WILSON, the acting

executive director, had refused to make the records available to

him.

he stated that LLELLYN KInGSley, superintendent of the

reservation, had advised him the funds and property involved in

the housing project are government property and funds.

On January 29, 1964, the lacts concerning this matter

vere discussod with assistant

United States Attorney PARNeLL J.

DOnOnUE.

Mr. DoNOnus advised that if the facts, as alleged, are

proven,

the case would warrant prosecutive consideration under

Title 18, Section 286 and 287.

On January 30, 1964, CECIL KEITH was interviewed and he

furnished the following

signed statement:

"January 30, 1964

Pine Ridge, South Dakota

"I, CECIL HOBART KEITH, having been duly

sworn, make the following voluntary statement to

JOHN E. MCCARTY who has identified himself to me to

be a Special Agent of the Federal Bureau of

Investigation.

"I have been advised I do not have to give

this statement and that it may be used in court.

No threats, promises, or force of any kind has

been used to make me give this statement.

"I am the vice-chairman of the Oglala Sioux

Housing Authority. SAM STANDS is chairman, EMIL

TIBBITTS is secretary, ALBERT DALE is treasurer

of the Board of Commissioners for the Housing

Authority. LLEWELLYN KINGSLEY the superintendent

of the Pine Ridge Indian Reservation is an ex-officio

member of the Board. CHARLES HEINTZELMAN is an

engineer for the Public Housing Administration. His

duties are to build the buildings involved.

- 2 c

• NW 68262 Docld:32989685 Page 509

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## Page 510

MP 46-2614

"ALBERT DALE is a banker at Rushville,

It is my understanding he also owns a

thirty one per cent interest in the Rushville Lumber

Co. I do not know for sure, but it appears to me

that half or more of the building materials in the

housing project have been purchased from the Rushville

Lumber Co.

I have no information as to the bids sub

mitted by this company.

"I have never been really sure just what

HEINZELMANs authority is, however, I know that as

a matter of practice he has been letting bids for

materials entirely on his own. He has not consulted

the Board about any bids he has accepted or declined.

"In about April, 1963 I hired DICK WILSON tO

put in some soil pipe at my home. WILSON furnished the

materials, and I do not know where they came from.

I gave him forty five or fifty dollars for this.

"About this time WILSON told me he had a

rurnace for sale so I bought it, paying WILSON

seventy 'five dollars for it. The furnace is in my

home now.

"Later I became suspicious for some reason or

other, so I asked WILSON where he had obtained the

furnace.

As nearly as I cal recall WILSON said,

it's all right, I've got a deal with either the boss

or HEINTZELMAN.

I don't remember just how he did

refer to HEINTZELMAN. I believe the furnace I bought

is a Bryant, and I'm quite sure, although I can't

prove it, that this furnace came from the DEWEY

CLIFFORD

house.

"The CLIFFORD house had to be moved from its

foundation, and moved to another location in the

housing project. The Housing Authority bought the

house, but I'm not sure what was to be done with the

appliances and furnishings in the house.

"I also agreed to paint a picture for WILSON.

In payment WILSON gave me a pressure tank which I

- 3 -

NW 68262 Docld:32989685 Page 510

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## Page 511

MP 46-2614

believe came from the CLIFFORD house.

I actually

picked the tank up from where it was lying on the

ground near where the lumber storage yard is at

the Housing project.

"I know a basement was built at the BILL

SALWAY home in Pine Ridge early in the fall of 1963.

I know the materials were from the Housing project,

and the basement was built by worknen on the

project payroll. This was a deal HEINTZELNAN arranged

for, and I do not know who is to be paid for it.

"I have no other personal knowledge of this

matter, except that to my knowledge the Board of

Commissioners never authorized HEINTZELMAN to sell

or dispose of any of the project materials.

"I also entered into a verbal agreement with

HEINTZELMAN, before I went on the Board of

Commissioners, to paint a large emblem for two

hundred and seventy tive dollars, and to paint

desigus on shutters of the houses in Project SD 1-1

for six hundred dollars. I did not submit a

written bid on this, and to my knowledge no one else

did either.

I received all this money.

"I have read this statement of four pages, and

it is true and correct.

"/S/ CECIL HOBART KEITH

"say at o and sy setted before me this thirtieth

"/S/ JOHN E. MCCARTY,

Special Agent, FBI

Pine Ridge, South

Dakota 1/30/64

"/S/ JAMES F. FAIL, ASO-PRIA Pine Ridge, SD 1-30-64"

-4=

NW 68262 Docld:32989685 Page 511

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## Page 512

MP 46-2614

On January 30, 1964, VINCENT BREWER WAS

and he furnished the following signed statement:

interviered

"January 30, 1964

Pine Ridge, South Dakota

"I, VINCENT BREWER, having been duly sworn,

make the following voluntary statement to JOHN E.

McCARTY, who I know to be a special Agent of the

Federal Bureau of Irvestigation.

"I have been advised I do not have to give

this statement, and that it may be used in court.

No threats, promises, or force of any kind has

been used to make ne

give this statement.

"I was the Executive Director of the Oglala

sIoux housing authority at Pine Ridge, South Dakota

from April 14, 1962, until Sept. 10, 1963 when I

resigned.

"In 1961 the Oglala Sioux Tribe set up the

Housing' Authority, and the authority hired me.

My

duties

were to manage the hones after they were built

and. to

take and screen applications for the homes.

"The Housing Authority was set up to obtain a

contract with the Public Housing Administration to

obtain low rent houses for local people. This con

tract was obtained, with the following agreements.

"The Iribe leased land to the Public Housing

Administration for twenty five years.

Public Housing

then issued bonds on the project,. and then loaned

money from the sale of the bonds to the Housing

Authority. This money is to be repaid by the Housing

Authority

through the collection of rents, over a

period of forty years.

"The Public Housing Administration loaned

$793,000 for project S.D. 1-1, which consists of

fifty one private houses plus

building in Pine Ridge.

an administration

$267,000 was loared for

NW 68262 Docld:32989685 Page 512

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## Page 513

MP 46-2614

con-

in Pine Ridge, $1, 110, 000 was

loaned for project

homes,. located on various

parts of the reservation.

"Project S.D. 1o1 was started about May 1,

19be, and was completed in about october, 1963.

Project S.D. 1-2 was started in about July, 1963,

I for completion in the spring of

1964.

S.D. 1-3 was started about July, 1963 and

is scheduled for completion in the fall of 1964.

"The Housing Authority decided to build on a

'force account' basis, to create more employment

on the reservation.

Because of this Public Housing

required it furnish a man to be in charge of the

construction of the units.

CHARLES E. HEINTZELMAN

was put in charge of the project.

"ALBERT DALE is the treasurer of the Board of

Commissioners. He is also the president of the

Stockmens National Bank at Rushville, Nebraska.

understand he is a stockholder in

Lumber yard, although I do not know this for a fact.

"DICK WILSON is the Plumber-Foreman of the

project, hired by HEINTZELMAN.

WILSON's wife is

HEINTZELMAN's secretary.

MYLES TYLER is construction

superinterdent, and was hired by the Board on

HEINZELMAN'S recommendation.

"The Board members are appointed by the Oglala

Sioux Tribal Council. Members are paid only mileage.

"EVANS LUCAS and Associates of Sioux Falls,

South Dakota was the original architectural firm on the

project. This company resigned early in January,

1963 because it felt HEINTZELMAN was changing the

materials called for in the plans and because he

was using inferior products. This company had worked

just on s.D. Il, and no one was hired to finish out

this job.

NW 68262 Docld:32989685 Page 513

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## Page 514

MP 46-2614

"CRAIG and BROOKS was the architectural firm

on S.D. I-2.

This company also resigned after a

hassle with HEINZELMAN.

The company claimed

HEINTZELMAN was cheapening the buildings, and was

using inferbr and poorer quality materials than

called for in the plans.

"IRVING R. DANA was hired as the architect on

S.D. 1-3. It is my belief DANA gets along with

HEINTZELMAN because he has followed HEINTZELMAN'S

recommendations.

I told him when he started that he

would have to feel

HEINTZELMAN out to see what he

wanted, and DANA indicated to me he was going to do

this.

DANA is the son in law of BILL HEWITT of

Rushville, Nebraska.

"I believe $787, 000 was actually spent on

S. D. 1-1.

"Bids for materials were to be obtained by

advertising for them.

The advertisements specified

the bids were to be opened at a specified date and

time.

accepted or rejected by the Board.

"As a matter of practice when the bids came in

they would be held by the secretary, and given to

HEINTZELMAN when he came in.

He would then open

the bids himself, whenever he felt like it. He

would accept or reject bids as he chose, without con-

sulting the Board. I know personally of a few bids

he accepted which were the lowest bids submitted.

I

also know of a few instances where he accepted bids

higher than the lowest bids, claiming the materials

in the lower bids were not what he wanted.

mere not what®

"The only instance I know of where he consulted

the Board on a bid was on bricks for S.D. 1-2. In

this instance the Board accepted a certain type of

brick, but HEINTZELMAN later changed this on his own,

and put up a different brick.

-7-

NW 68262 Docld:32989685 Page 514

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## Page 515

MP 462614

"Once advertisements were put out for fifty

stoves and Ility reirigerators.

When

the bids came

ID HEINIZELMAN said he could do better than that.

he took the bias and went to Minneapolis.

When he

came back he said he had bought the stoves and

reixigerators from some company out of Chicago.

This

company had not submitted a bid originally.

He did

get these cheaper than the lowest bid originally sub

mitted.

----

"It seemed to me the vast majority of the

building materials for the projects were supplied

by the Rushville Lumber Co. although I coulde't

tell what percentage of the total materials the

company did supply.

I recall seeing sone of the bids,

and it seemed to me the Rushrille Lumber Co.

bids were

always just a little bit lower than the next lowest

bidder.

I do

not know in what

manner HEINZElMAN

obtained these bids.

two different occasions, salesnen for two

different wholesale lumber companies told me they

as Rushville Lumber, could underbid & wholesale

company.

"HEINTZELMAN told me once

the houses were running

between ten and eleven thousand dollars apiece.

This

did not include streets, curbs, landscaping, etc.

"I know regulations required any surplus naterials

were to be put out on bids, and sold to the highest

bidder. I am quite sure no one had any authority to

sell materials, except for surplus materials to the

"HEINTZELMAN told me he gave the old blocks from

the CLIFFORD hOuse to DICK WILSON.

We had to get them

out so we could put a street through there.

WILSON

was going to use the blocks

to build a basement iox

himself.

NW 68262 Docld:32989685 Page 515

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## Page 516

MP 46-2614

"I then saw WILSON take one hundred and ten

brand new blocks that belonged to the Housing

Authority.. As I recall he hauled them away in the

Housing Authority truck.

I asked him about this,

and he told me HEINTZELMAN had told him it was 0.k.

for him to move them, and he could take what he

wanted.

"I then called HEINTZELMAN iN WILSON's presence.

CHARLEY HEINTZELMAN Said to let it go, as DICK was

going to pay for them.

WILSON then took four hundred

more blocks. WILSON aso took thirty sacks of cement,

three or four sacks of lime, and sore sand.

"The blocks were worth twenty six cents apiece,

the lime and cement were worth about rinety six cents

a sack, and the sand worth approximately fifteen to

twenty dollars.

I made WILSON sign a receipt for

these materials. WILSON then used the materials to

build a block basement in Pine Ridge.

"This happened in July, 1962.

Just a few days

ago WILSON told me he had his bills, but had never

paid for the materials.

"The DEWEY CLIFFORD house had to be moved from

the project area.

The Housing Authority bought the

house.

CHARLEY told WILSON to disconmect the furnace,

jet pump, bot water heater, plumbing fixtures etc.

WILSON did disconnect the fixtures, but took them to

his home. I latersaw the articles

at WILSON's home

and told him to take them to the project yard. He

said he would return them, but he never did.

"I know the furnace by sight, and I know this

is the same furnace WILSON sold to HOBART KEITH.

"I believe FRANK E. COFFEY, SR. bought the rest

of the stuff from WILSON. Actually all of this should

have been sold on bid to

the highest bidder. To my

knowledge WILSON never turned this money in.

"In the fall of 1963, in about September, WILSON

built a complete new home

for his mother in Pine Ridge.

= 9 ∞

NW 68262 Docld:32989685 Page 516

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## Page 517

MP 46-2614

I saw JIM BIG CROW, who WILSON had hired, hauling

materials from the project to the site of the house

1n a Housing Authority truck. This movement of

materials took place on weekends.

WILSON once told

me he had about eight hundred dollars worth of

materials in this house.

"In the fall of 1963, in about October, WILSON

and JAMES RED WING started building & cement block

building in Pine Ridge.

WILSON told me he was going

to use one part of it for a plumbing shop. I don't

recall what he said RED WING was going to use the

other part for.

"I saw BIG CROW hauling new blocks Iron the

housing project area in a Housing Authority truck

to the site of this building. I believe the sand, lime,

and cement for the building came from the project

also.

I would estimate there are about eighteen hundred blocks,

worth four hundred and sixty eight dollars in the building.

There is approximately ninety six dollars worth of lime

and cement, and about sixty dollars worth of sand in the

building.

"JESSIE EAGLE HEART told me she had made an

arrangement with CHARLEY to have an addition put

on her house. I KNoW MYLES TYLER supervised the

job, and project workmen did the works and were paid

from Housing Authority funds. I do not know what

financial arrangements were made on this.

"Said on one occasion GORDON REICHENBURG, WhO

lives

in Rushville, Nebraska, told me HEINTZELMAN

was getting

all the windows

for his new house for

him. I dod't know if the windows were to come

from the housing project or not. This occurred in

the summer of 1963.

"During the

summer of 1963 HUCH JOHN BLACKSMITH,

who was timekeeper on the housing project, built

an addition on to his house. I keow part of the

materials were ordered from

the Rushville lumber

yard, but part of the materials he trucked from the

project to his home at

night in a housing project

truck. Someone, I

dan't recall who, told me he had

seen BLACKSMITH hauling the materials off.

∞ 10 a

NW 68262 Docld:32989685 Page 517

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## Page 518

MP 46-2614

"On different occasions

told HEINIZELMAN

that he just couldst do what he was @019g.

that it just wasn't right.

The only auswer he

ever

gave me was,

'He's going to pay for it.

"I made all the bank deposits of all receipts

the Housing Authority took in. At no time did the

Housing Authority receive

any money from anyone

materials they had received from the project.

didn't physically make all the deposits, but I did

check asdast all deposits and once in awhile

BLACKSMITH would physically deposit it.

"Northwest Pipe Fitting Co. of Rapid City,

South Dakota had all the plumbing contracts with

the Housing Authority.

I know HEINTZELMAN and a

former assistant manager of this company were very

close to each other.

"DICK WILSON had a free hand in ordering from

this company.

It seened to me he was constantly

ordering something from this company. I believe he

ordered much more plumbing materials than were

actually used in the housing project.

"I have read this statement of nine pages, and

it is true and correct to the best of my knowledge.

"/S/ VINCENT BREWER

"Sworn to and subscribed before me this thirtieth

day of January, 1964.

"/S/ JOHN E. MCCARTY, Special Agent,

FBI, Pine Ridge, South Dakota

1/30/64

"/S/ JAMES E. FAIL,

ASO, PRIA, Pine Ridge SD 1-30-64"

On January 30, 1964, FRED GERBER was interviewed and fur

nished the following signed statement:

- 11 .

NW 68262 Docld:32989685 Page 518

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## Page 519

MP 46-2614

"January 30, 1964

Pine Ridge,

South Dakota

"I, FRED GERBER, having been duly sworn, make

the following voluntary statement to JOHN E. MeCARTY,

who I know to be a Special Agent of the Federal

Bureau of Investigation.

"I have been advised I do not have to give this

statement, and that it may be used in court. No

threats, promises, or force of any kind has been

used to

make me give this statement.

"Sometime within the past thirty days, I don't

know just when, I happened to talk to DICK WILSON.

I kidded him about buying sore tires, and he said

he couldn't afford them.

He then asked me why I

didn't buy the partially finished cement block building

he and JIM RED WING were building. He told me he

thought it was a bad deal, as he was the only one that

had been paying any of the bills on it. I told him I

wasn't interested as there was no roof or windows in

the building.

The matter was then dropped. I don't

know where the building materials came from.

"Approximately six weeks ago I hired DICK WILSON

to do some plumbing work for me.

He installed a new

washing machine for me, and supplied all the materials.

As I recall he supplied thirty two feet of half inch

copper tubing, fifteen feet of one and a quarter inch

copper tubing, four half inch brass elbows, four one and

a quarter inch brass elbows, and two freeze proof

faucets.

"WILSON's bill for labor and materials was forty

some dollars. He owed me a bill of something over

fifty dollars, so he just paid me the difference.

"I do not know where the materials for this

plumbing job came from.

WILSON did not sell me the

washing machine, he just supplied the materials with

which it was connected to the water.

- 12 .

NW 68262 Docld:32989685 Page 519

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## Page 520

MP 46-2614

I have read this statement of & pages and i

is true

& correct

the best of my knowledge.

"/S/ FRED GERBER

"Sworn to and subscribed before me this thirtieth day

of January 1964.

"/S/ JOEN E. MCCARTY, Special Agent,

F. B.I.

Pine Ridge,

South

Dakota

1/30/64

"/S/ JAMES F. FAIL, ASO, PRIA, Pine Ridge SD

1-30∞64"

• 13

NW 68262 Docld:32989685 Page 520

---

## Page 521

5D-302 (ROY, 1-25-80)

FEDERAL BUREAU OF INVESTIO

N

Dato_ 2/14/54

RICHARD ALLEN WILSON was interviewed in the presence of

Special Officer JAMES F. FAIL.

He was placed under oath, and

advised he need not furnish any information, that any he did

furnish might be used against him in court,

and of his right to

first consult an attorney.

WILSON then furnished the following unsigned state-

ment:

"January 31, 1964

Pine Ridge, South Dakota

"I, RICHARD ALLEN WILSON, having beer duly

sworD,

make the following voluntary statement to

JOHN E. MCCARTY, who has identified himself to me to

be a Special Agent of the Federal Bureau of

Investigation.

"I have been advised I do not have to give this

statement, that I can talk to an attorney before I

give it, and that this statement may be used against

me in court. No threats, promises, or force of any

kird has

been used to make me give this statement.

"I am employed as head plumber by the Oglala

Sioux Housing Authority, and I've been so employed

since June, 1962.

I was originally hired by CHARLES

HEINTZELMAN, WhO

is the local representative of the

Public Housing Administration.

"My duties are to install all plumbing. I was

in charge of all plumbing installations on project

S. D. 1-1.

On project S.D. 1-2 I worked with

Mellgren Plumbing Co. which had the contract.

didn't get this contract as it was a more complicated

project than houses are. I was in charge of project

project SD 1-3, and am working on that project now.

"I just work for wages, and was told by

On

1/31/64 ot Pine Ridge,

South Dakota

_ File # Minneapolis 46-2614

SA JOHN E. McCARTY/ebk

_ Date dictatod

2/7/64

This document contains neither recommendations nor conclusions of the FBI. It is the property of the FBI and is loaned to

our agoncy; it and its contents are not to be distributed outside your agency.

NW 68262 Docld:32989685 Page 521

---

## Page 522

MP 46-2614

HEINTZELMAN to handle S.D. lol and S.D. 1-3.

NO

contracts were let on the plumbing work on

those

jobs as it is my opinion local labor was to be

hired.

"I do not know how the letting of bids was

done, and I had nothing to do with this.

I know

nothing about the organizational set up of the

Housing Authority on the administrative procedures

"The DEVEY CLIFFORD home had to be moved in

projectS.D. 1-1 as it was in the middle of where

a street was to go.

The house itself was re-used,

but the basement had to be

torn

out.

"Mr. HEINTZELMAN gave me the cement blocks from

this home just to get them out of there.

four or five hundred blocks from the CLIFFORD

house, and used them in the construction of a base-

ment in Pine Ridge. I planned to build a house

on the basement.

"There were not enough of the CLIFFORD house

to linish the basement, so I got lour or five

hundred new cement blocks from the project to

finish my basement.

I hauled these blocks from the

project site to my basement in a Housing Authority

"ruck on sundays and in the everings. I had

authority to use this truck for my personal use if

I furnished the gas for it, which I did.

"Before taking any of the new blocks I asked

JOE WALTZES, the construction superintendent, 11

I could buy the blocks, as I knew we had an excess

of then.

He told me to go ahead and take them.

"While taking them VINCENT BREWER asked me if

I had made arrangements to get the blocks. I told

him I had. I do not recall if we then contacted

HEINTZELMAN or not.

I also took about twenty five

bags of.

cement, ten bags of lime and I salvaged

some sand from finished basements.

15

NW 68262 Docld:32989685 Page 522

---

## Page 523

MP 46-2614

"Even before I talked to JOr I had asked Mr.

HEINTGELMAN 111 COuld buy materials Irom the project,

a could bay material.

I didn't specify what materials

& wanted, and the only arrangements I made to pay for

them was

that I told him I would pay whatever the

Housing Authority paid for the materials.

There was

no mention made of who I was to pay or when I was to

pay.

In my own mind I folt I was to pay the housing

authority.

"I obtained these materials in about July or

August, 1962.

Up to the present time I have not

been billed for them, and I have not yet paid for them.

"I know that a house I helped physically build for

my mother, duLlA WILSoN, was built entirely with

materials

from the housing project. My mother made

all the arrangements for this through Mr. BERGEN, and

I had nothing to do with arranging for or paying for

these materials.

"Mr. HEINTZELMAN told me to remove everything

from the CLIFFORD house so it could be moved. He

told me to store the stuff I took out. I took a

furnace, a pump, a tub, a stool, a lavatory, a kitchen

sink and stove from the house.

I also took a pressure

tank, which was part of the pump.

"At that time the Housing Authority had no storage

area, so I stored the articles in a shed owned by my

mother.

This was in about August, 1962. I remember

VINCENT BREWER asking me later if I had these

articles, and I told him I did. I do not recall him

telling me to return them to the project.

"I can't recall wher,

but one time I told HOBART

SulTh I had a turnace that

belonged to the housing

project.

He asked to buy it,

so I told him to go

ahead and take it, which he

did.

I did not discuss

any arrangements for payment with him, but I assumed

KEITH made this arrangement with HEINTZELMAN. Later

my wife

,told me KEITH had paid fifty dollars, I

believe,

to the Housing Authority for the furnace.

This is

the same furnace I got from the CLIFFORD house.

NW 68262 Docid:32989685 Page 523

---

## Page 524

MP 46-2614

"I later gave KEITH the pressure tank because

he told me his leaked.

No arrangements were made

for payment, but I assumed he would pay the

Housing Authority for it. This tank was not in ex-

change for any painting.

I did ask KEITH to do a

painting for me, and I have already paid him

eighteen dollars in cash for it, but he has never

given me the painting.

"In the fall of 1962 FRANK E COFFEY waS build-

ing a bathroom onto his house.

I told him of the

stuff I had.

I assumed he made arrangements through

the Housing

Authority, because he came and got the

tub and the lavatory.

I made no arrangements with

ECOFFEY for payment of these articles,

and I got

nothing for them.

I don't know it he

has ever paid

to housing authority for them or not.

"I put in some soil pipe for both KEITH and

ECOFFEY in the summer and fall of 1962. In both

instances I got the materials I used, which was about

twenty five feet of soil pipe and six fittings at

KEITH's,, and about fifteen feet of soil pipe and

four fittings at ECOFFEY's.

"Both of them paid me for my labor. They did

not pay for the materials because

I figures they would

pay the Housing Authority for it. I did not tell

them where the material had come from, but they had

to know the Housing project is the only place in town

1t could have come from. I had made no arrangements

with anyone ahead of time to take this pipe.

"In about September, 1963 I told JIM RED WING

I nad some lots, and I wanted to build a building

on it, but didn't have the money to go ahead. I

had to put a building within ninety days or lose the

lots, as this is the policy of the Planning Connission

which assigned me the lots.

"I told RED WING I could get the materials

through the Housing project. We decided to build

the building, with me to use half of it for a plumbing

shop, and he to use half for a garage.

NW 68262 Docld:32989685 Page 524

---

## Page 525

MP 462614

"RED WING bought the first blocks for the

building, two semiloads.

He bought them from

JOHN

MAGAHEY (Pho) in Gordon, Nebraska. He also had some

hine a bought previously from a Reverand UNRAU in

Pine Ridge.

"In about October, 1963 I got about one hundred

and fifty new cement blocks and twenty five bags of

masonry cement from the S.D. 1-2 project.

We

salvaged sand from finished basements on S.D. 1-3.

"I asked HEINTZELMAN ahead of time if I could

get these blocks as we had an excess of blocks on

S.D.1-2. He told me I could have them. No arrange-

ments were made for paying for them.

I have not

been billed for them and have not paid for them.

I intend to pay for them soon, I suppose.

"I also got seventy feet of three quarter inch

copper

tubing and one curb box from the housing

project for this building.

HEINTZELMAN knew of this,

but no arrangement was made to pay for it.

"I have no knowledge of the deal JERRY WEAVER

made to put an addition on the house owned by my

mother on land he leases from her.

"In about November, 1963 I used sixty leet of

half inch copper tubing, twenty eight feet of inch

and a half copper tubing, about a dozen fittings,

and two frost proof hose bibs, in a plumbing job 1

did for FRED GERBER.

I got this material from

S.D. I-3 project. I had previously made arrange-

ments with Mr. HEINTZELMAN to get whatever materials

I needed.

He told me just to keep a 1ist 01. 1t and

check it

out through the office whenever I took

something, which I did.

So I did not specifically

ask him for this material.

"GERBER paid me forty six dollars approximately

for the labor and material

on this job.

I have not

yet paid for this material, or been billed for it.

NW 68262 Docld:32989685. Page 525'

---

## Page 526

MP 46-2614

"There are no other plumbing jobs that I have

done on a personal basis

where the materials

• came

from the housing project.

"I have given a list to whoever might be the

Executive Director at the

time, each time I got

any material. I'm not sure it

the tubing and curb

are on the list, which I got for the bullaing

RED WING and I are building.

I don't know if I've

turned this list in yet or not.

"I am also doing the plumbing work on a house

jor Land Operations on a contract basis. Land

Operations is furnishing the materials for this job.

"This statement has been read by Mr. WILSON.

He has advised he understands it, and that it is true

and correct but that he will not sign it.

"/S/ JOHN E. McCARTY, Special Agent, F.B.I. Pine Ridge,

S. D. 1/31/64

"/S/ JAMES E. FAIL, ASO, PRIA, Pine Ridge, S.D. 1/31/64."

WILSON also advised he had received seventy-five

dollars ($75.00) from KEITH, but that this was for labor, and was

not for the furnace.

and observate hollowing description was obtained through interview

Race

American Indian

Sex

Male

DPOB

4/29/34, Pine Ridge,

South Dakota,

Indian Reservation

Height

Weight

Hair

Eyes

5111

200 pounds

Black

Brown, wears glasses

19

NW 68262 Docld:32989685 Page 526

---

## Page 527

MP 46-2614

Scars and Marks

20

NW 68262 Docid:32989685. Page 527

"52" and "w" back left

hand.

"DICK" back

of fingers, left hand.

---

## Page 528

FD-302 (Rov. 1-25-60)

FEDERAL BUREAU OF INVESTI

IN

Date

2/14/64

YVONNE WILSON, Acting Executive Director, Oglala

Sioux Housing Authority

was contacted in the presence of JAMES F.

FAIL. SA MCCARTY identified himself, and explained an investiga-

tion was being conducted concerning the housing project. She

was asked if records of the project were in her custody, and if

they might be examined.

• Mrs. WILSON advised she does have the records in her

custody, but that she would not make them available without a

court order, or without the permission of her supervisor, Mr.

HEINTZELMAN.

She said HEINTZELMAN was out of town until the

following week.

Mrs. WILSON stated there is nothing wrong with the

records, but she could not make them available without Mr.

HEINTZELMAN's permission. She then asked that no other questions

be asked, because she would not answer them.

On 1/31/64

-at Pine Ridge, South Dakota

_ File # Minneapolis 46-2614

by

SA JOHN E. MCCARTY/ebk

_ Date dictated

2/7/64

This ager, it contine ather sono go disre ed lulo you to , " a the proporty of the FBI and la loand 1o

NW 68262 Docld:32989685 Page 528

---

## Page 529

FD-302 (Rov. 1-25-60)

FEDERAL BUREAU OF INVESTIC

ION

Dato

2/14/64

VINCENT BREWER was re-interviewed under oath. He ad-

vised the only list DICK WILSON ever turned in to him was for

the five hundred and ten (510) blocks, and WILSON did that only

act of taking them, and made

him list them.

BREWER said the materials from the CLIFFORD house

vere in a shack in which WILSON was living at the time he found

them.

Ie stated there definitely was a storage area at the

housing project at the time the CLIFFORD materials were removea,

as that is the first thing built at the project.

He stated that to his knowledge neither KEITH nor

ECOFFEY has ever paid for any materials from the project.

also said that when he was in office, at no time was there any

authority granted to anyone to sell anything except surplus or

excess materials, and then to the highest bidder.

to his knowledge

He said that

there is nothing in writing giving anyone

authority to sell anything belonging to the project.

On 1/31/64

at Pine Ridge, South Dakota

Filo # Minneapolis 46-2614

by -

SA JOHN E. McCARTY/ebk

. Date dictated

2/7/64

The dournt contine other reconne is mood us lo you the 1a the proporty of the FBI and la loaned to

NW 68262 Docld:32989685 Page 529

---

## Page 530

z

MP 46-2614

On January 31, 1964, LLEVELLYN KINGSLEY was interviewed

and he furnished the following signed statement:

"January 31, 1964

Pine Ridge, South Dakota

"I, LLEWELLYN KINGSLEY, having been duly sworn,

make the following voluntary statement to JOHN E.

MCCARTY, who I know to be a Special Agent of the

Federal

Bureau of Investigation.

"I have been advised I do not have to give

this statement and that it may be used in court.

No threats, promises, or force of any kind has been

used to make me give

this statement.

"I am the superintendent of the Pive Ridge

Indian Reservation, and because of my position I am

an ex-officio member of the Oglala Sioux Housing

tea have hold

Authority. I have held these positions since

September, 1963.

"In 1961 a contract was entered into between the

Housing Authority and the Public Housing Administra

tion.

The agreement was the P.H.A. would loan the

money to the Authority.

The Authority then sold

bonds and repaid the govermment. P.H.A. then pays

the interest on the bonds and guarantees their payment.

"CHARLES HEINTZELMAN was assigned by P.H.A. as

its representative on the local projects.

1 am not

sure what is the authority of HEINTZELMAN or the

Executive Director. The Housing Authority is actually

responsible for the entire project. I do not know

how far HEINIZELMAN's authority extends insofar as the

handling of bids and contracts are concerned. It is

my understanding HEINTZELMAN has, as a matter oj

practice, handled the awarding of bids and contracts

with the

assistance of his office staff.

"It appears HEINTZELMAN has been acting both

as P.H.A. representative and supervisor for the

Housing

Authority. I believe he is paid only by

P.H.A.

- 23 .

NW 68262 Docld:32989685 Page 530

---

## Page 531

MP

46-2614

"There

is a

stipulation, either in the contract

or the original ordinance

setting up the project,

stating the Housing Authority can buy or sell the

same as any other corporation.

There is also a

letter in file from the Tribal Attorney stating

it is within the authority of the Housing Authority

to sell materials to the Indian people to use in

fixing up sanitation in their homes.

there are no limitations on the sale of materials, but

I feel it is the responsibility of the lousing authority

to make sure this doesn't get out of hand.

"At the end of forty years when the bonds are

paid off, the entire project is turned over to the

Tribe by

the government.

Until that time, the

government has the right to inspect the property,

terminate the contract, and actually is totally in

volved in the whole project.

Should the Public Housing

Administration feel anything is wrong, it can take the

whole project away from the Housing Authority.

"Insofar as to the actual letting of bids and

accepting of contracts, I have no knowledge of the

mechanics involved.

I have never had any reason to

question the correctness of the procedures being

used.

To my knowledge HEINTZELMAN has never dis

cussed any bids or contracts with the Housing Authority.

"I do not know what procedure was supposed to

be followed in the disposal of such items as thosein

the CLIFFORD house.

"I do not know why the first architectural firm

left the project. Craig and Brooks was fired by the

Housing Authority on HEINTZELMAN'S recommendation.

The architects claimed inferior or cheaper materials

were being used in the buildings than their speci

fications called for. It is true less expensive

materials were being used, on HEINTZELMAN'S reCommen

dation, as we had to stay within the limits of the

funds we had available.

"I do not feel that any changes made in the

specifications materially altered the quality or

0 24 c

NW 68262 Docld:32989685 Page 531

---

## Page 532

MP 46-2614

usefulness of the buildings to any significant

degree.

All the changes had to be approved by

the Board, and were minor changes.

"I have never to date had any reason to

suspect or believe there has been anything wrong in

the housing project in Pine Ridge.

"I want to state I am not sure if the

original contract between P.H. A.

and the Housing

Authority was entered into in

1961 ox 1962.

"Actually Craig and Brooks objected to all

of the proposed changes and modifications wanted

by the Housing Authority. Also the Authority felt

the firm was not fulfilling all of the terms of

their contract.

This is why the firm was dis-

charged.

Actually HEINTZELNAN did not recommend

dismissing the firm, but he is the

one that recom

mended the proposed modifications.

"I have read this statement of 4 pages and it

is true and correct to the best of my knowledge.

"/S/ LLEWELLYN KINGSLEY

"Sworn to and subscribed before mo this thirty first

day of January, 1964.

"/S/ JOHN E. MCCARTY, SpecIaL

Agent,

F.B.I.

Pine RIage

S. D. 1-31064

"/S/ JAMES F. FAIL, ASO, PRIA,

Pine Ridge, SD 1-31-64"

On February 3, 1964, AGNES TYON was interviewed

and

furnished the following signed statement:

- 25 -

NW 68262 Docld:32989685 Page 537.

---

## Page 533

MP 46-2614

"Feb. 3, 1964

Pine Ridge, South Dakota

"I, AGNES TYON, having been duly sworn, make the

following voluntary statement to JOHN E. MCCARTY who

has identified himself to me to be a Special Agent

of the Federal Bureau of Investigation.

"I have been advised I do not have to give this

statement, and that it may be used in court. No

threats, promises, or force of any kind has been used

to make me give this statement.

"I was employed on a part - time basis by the

Oglala Sioux Housing Authority from July, 1962 until

June 30, 1963 when I resigned. I worked as a book

keeper, and my duties included preparing checks

based on vouchers I was given,

and to record receipts

taken in by the Housing Authority, based on deposit

slips.

"I would estimate twenty five percent of

the checks I prepared for payment to lumber companies

went to the Hobach Lumber Co. of Rushville, Nebraska.

About ten percent went to one or two other companies,

and the balance of about sixty five percent went to

the Rushville Lumber Company.

"I have no knowledge of anyone having received

any materials from the Housing Authority. I know

that in reviewing the deposit slips, the only sources

of money the Housing Authority ever took in were

either rental receipts or advance of funds from the

Public Housing Administration. I never knew of the

Housing Authority to receive money from any other source.

"I never saw any lists prepared by anyone

showing any materials had been received from the

housing project. I have no knowledge of the manner

in which articles from the DEWEY CLIFFORD house were

disposed of.

"I have no way of knowing how much fuel oil was

used in any one house.

• 26 -

NW 68262 Docld:32989685 Page 533

---

## Page 534

MP 46-2614

"I actually had very little to do with the

project except to keep books on a part time basis

for the project. To my knowledge no bills were

ever sent out by the Housing Authority except for

rental bills.

"I have read this statement of two pages and

it is true and correct to the best of my knowledge.

"/S/ AGNES I.

FrYON

"Sworn to and subscribed before me this third day

of February,

1964

"/S/ JOHN E. MCCARTY, Special Agent, F.B.J. PIne

Ridge,

S.D.

2/3/64.

"/S/ JAMES F.

FAIL, ASO PRIA, Pire Ridge,

SD 2/3/64"'

• 27

NW 68262 Docld:32989685 Page 534

---

## Page 535

JEM: 90

(ID

MP 46-2614

RICHARD BERGEN Iurnished the following signed statement:

"Februasy 3, 1964

Pine Ridge, South Dakota

"I RICHARD BERGEN, having been duly suorn, make the

following voluntary statement to JOHN E. MOCARTY, Who has

Identified hinselt to me to be & sporial Agent of the

Federal Bureau of Investigation.

"I have been advised I do not have to give this

statement and that it may be used in court.

No threats,

promises, or force of

any kind has beer used to male me

give this statement.

"I was Executive Director for the Oglald Sioux Housing

Authority from september Firat, 1963 uatil January

Fifteenth, 1964, when I Voluntarily resigned for personal

reasons.

"On. September tenth, 1963 at & Housing authority

Meeting, an oral agreement was intered lato whereby the

Public Health Service would provide & toilet and lavatory

for local people wishing to have bathroons put in their

CHARLES HEINTZETHAN agreed to provide the balace

of materials recessary to build the bathrooms.

stipulate this would have to be on & cash basis, as the

materials would come fron the housing project, and would

have to be replaced. I understood this to be primarily

local people.

"I then improvised a application form for people

desiring materials to fill out.

People would fill out

the form and give it to me, 1 would then give the

form to

MYLES TYLER, Who would check the job and put on the for

an estimate of the materials neded and the cost involved.

The people had to furrish their own

labor on the job.

"I did not see the forms after I

gave them to Mr.

TYLER®

He would

turn them in to Mis. WILSON, and the

people getting materials were to pay her.

"I gave fOrms tO JESSIE LAGLE HEART, HERNIS MERRIVAL,

CLEVELAND DUBRAY,

HOBART LEE, JULIA alSON, and

• DICK

WILSON.

It was

my understanding that, essent for dick

•28 .

NW 68262 Docld:32989685 Page 535

---

## Page 536

JEM: MaD

(2)

MP 46-2618

WILSON's application,

all the applications were for

additions to sxisting houses.

cement blocks.

I do not know mat they more to be used

It was wy understanding be subritted this form

after they were made un, for blocks which he had prevl

ously seceived.

?berlove I signed this appliestion, ther

I realised

m a go a me not have carewe

authority.

"At no time while I gis Executive Director did I

receive any other notice of any kind that DICK HILTON

had received any materials from the housing project.

"It was uy understanding from the discussion

&t the

time the agreement was entered into that this was to

apply to additions to existing bowses.

Nothing vas said

about using materials for other purposes.

"There is & letter in file daton May 39, 1963 from

the Pubile Housing Administration to the Corissioner of

Indian Allair's, stating the P.H.A. Will male materials

available to Indian people for soustruction projects they

might wies to undertake.

"I had sothing to do with the advortising or letting

of bids or contracts.

This was baudled by ir. HEINIZELMAN

and Mrs. WIlsoN, and I do not know in what manner they

were handled.

"I have read this statement of 3 pages and it is

true

and correct to the

best of my inorledge.

"/S/ RICHARD BERGEN

"Sworn to and subscribed before we this third day of

February, 1964.

"/s/" JOHN

E. MeCARTY, Special Agent, F.B. I., Piue Ridge,

S. D.

283/64

"Is/" JOHN

I. FAIL, ASO, PRIA, Pine Ridge,

S. D. 2/3/64"

•29 .

NW 68262 Docld:32989685 Page 536

---

## Page 537

FD-302 (Rov. 1-25-80)

FEDERAL BUREAU OF INVESTIG CON

Dato

2/14/64

CHARLES EDWARD HEINTZILNAN furnished the following

signed statement.

"February 4, 1964

Pine Ridge, South Dakota

"I, CHARLES EDWARD HEINTZEIMAN, having been duly

sworn, make the following voluntary statement to JOHN

E. MC CARTY who has identified himself to me to be a

Special Agent of the Federal Bureau of Investigation.

"I have been advised I do not have to give this

court.

"No threats, promises, or force of any kind has

been used to make me give this statement.

"I am assigned to the housing project at Pine

Ridge, South Dakota by the Public Housing Administration.

I have no part in the organizational or financial sot

up with the project, but it is my understanding that

the Pine Ridge projoct was set up in the following

manner.

"The P.H.A. mado a preliminary loan to the local

housing authority to be used in making surveys, hiring

architects, etc.

When this was done, and P.H... had

approved the deal, temporary notes were issued by the

Housing Authority to raiso money to pay off the

preliminary loans, and to raise money to operate on.

"When the project is far enough along that the

final cost can be determined, the Housing Authority selus

bonds on the project. Money raised by the bonds is used

to pay off the temporary notes and to finish the job.

The Housing Authority then redeems the bonds with

moneyfrom rentals.

"The federal government guarantees repayment of

the bonds, but it Is my understanding the government

3°0

On

2/4/64

Pine Ridge, South Dakota

File #

Minneapolis 46-2614

by

Special Agent JOHN E. MC CARTY/sja

. Date dictated

2/10/64

Told docurt conta otte to not lo die no co elde age de the proporty of the FBI and la lodned 1o

NW 68262 Docld:32989685 Page 537

---

## Page 538

MP 46-2614

has no money in the Pine Ridge project at the

present time. P.H.A. can step in at a later date,

if necessary, and take over the project however.

ALSO, II RECESSarY,

can subsidge the

Housing Authority if rental incone is not sufficient

to meet the financial requirement of the project.

"My job normally is as an inspector for P.H.A.

to inspect construction, and make sure P.h....

standards are met.

The

Pine Ridge project

is unique

in that it was built "forced account."

This gas

done to insure that local

indians would be given

work on the project.

"Since the local Housing Authority had no

knowledge as to how to build this project, I was

asked by the Housing Authority to build the project.

I have

acted in the capacity of both inspector for

P.H.A., and contractor, purchasing agent, and about

everything olse, for the local Housing Authority.

This has been done with the knowledge of my superiors

in the Chicago Office of P.H.A.

"Advertisements for bids are prepared by my office.

They specify a date by which the bids are to be in. '

Normally thore is no specific time that

these bids

have

to be opened:

"I would normally open the bids, and discuss

them with

at least part of the housing authority

members.

This was not always done in Housing Authority

meetings, as that

group normally meets but once a

month, and we might have many bids to accept or reject

before the next meeting was scheduled. The Housing

Authority has given me

authority to accept or reject bids.

"There have been occasions where I have rejected

all the bids received on a particular iten, if I felt they

did not meet specifications.

I would then

go out and

obtain other lower or more satisfactory bids, but I

did not make the original bids ve had received public.

"I do not know if ALBERT DALE has an interest in

the rushville Lumber

Company or not.

That company did

receive many of the contracts for building materials.

This was just because. that compamy could sell the

Housing Authority materials meeting our specifications

at a lower cost than other

companies.

3

NW 68262 Docld:32989685 Page 538

---

## Page 539

MP

46-2614

"I did give DICK WILSON the old cement blocks

from the DileY chIfford home,

as many of them

could not be salvaged, and they had to be move

from the project.

'"I told WIlSON to remove the fixtures fron

the CLITFORD house and store them in our storage

yard. I did not know he had not stored them

there. I did not know until siter it was done that

WILSON had sold a furnace

to KEITH.

I Know KEITH

recently paid the project office, or the housing

Authority,

fifty dollars for the

furnace. I feel

this was a lair price. I assure the rest of the

articles from the CLIFFORD home are still in the

possession of the Housing Authority.

These articles

did not have to be sold on bid. The authority

would just sell them to whoever inquired about buying

it and gave

the highest offer.

"We did have

an excess of cement blocks, and I

told WILSON he could buy whatever blocks he might

need,

that he should list any materials he did obtain,

and

that

he would have to pay for them.

'"I am unaware of any plumbing supplies WILSON

might have taken

for his own personal plumbing jobs.

"The Housing Authority did pass a resolution

stating local people could buy necessary materials

from the project to use in remodeling or fixing up

the materials used.

II WILSON used plumbing supplies

on such jobs it would have been under this authorization.

"I had no advance knowledge of the construction of

any complete homes, plumbing shops, or restaurants

with Hosuing Authority materials.

The Housing

Authority owns the materials however, and could have

sold them for this purpose if it so desired. DICK

BERGEN was hired by the Housing Authority to handle

this, and I had no direct connection with it.

"I was asked by an electric company employee in

Rushville, Nebraska to get windows for his new home,

but I refused to do so.

NW 68262 Docld:32989685 Page.539

---

## Page 540

MP 46-2614

"I know the MENIVALS, EAGlE HEARTS, and a

few other people have used Housing Authority to

put additions on their homes.

"I recently told lY. BLACKSWITH, who works

In the project office, to bill people for the

materials they have received.

I am quite sure

everyone either has or will have to pay for &1l

materials received from the Housing Authority.

"The Housing Authority, and not I, discharged

the architectural firms of Evans Lucas

and Craig

and Brooks.

These firms had submitted specifications

for such expensive items they were completely out of

reason.

We had to build the project within the limits

of the

funds we had available.

"I purchased the refrigerators for Project S.D.I-1

from the lowest bidder in Minneapolis, Minnesota.

stoves were part of a mass purchase by P.H.A. in

Chicago, and I had nothing to do with that purchase.

"The money spent on the projects has been

considerably less than the alloted amount.

"P.H.A, maintenance engineers have inspected

the buildings for quality of materials and to nake

sure specilications have been met. These engineers

are out of the Chicago Office and are not under my

supervision.

They have found nothing to indicate any

Ingerior products have been used in the project. the

work on S.D. 1-2 and S.D. I-3 has. to meet the inspections

of the architect on those jobs, Mr DAlA, who is working

for the Housing Authority. Also the building must neet

P.H.A. specifications and conform to plans and

specifications, and inspection for P.H.A. is done by me.

"I have read this statement of seven pages and it

is true and correct to the best of my knowledge.

"/s/ CHAS. E. HEINTZELMAN

" "Sworn to and subscribed before me this fourth

day of February, 1964

"/s/ JOHN E. MC CARTY, Special Agent, FBI, Pine

Ridge,

SD, 2-4-64

33

NW 68262 Docld:32989685 Page 540

---

## Page 541

..

MP 46-2614

• "/S/ JAMES F. FAIL, ASO PRIA PIN® Ridge SD. Feb 4/64"

The following description of HEINTZELMAN was

obtained:

Sex®

Race

Date of Birth

Height

Weight

Hair

Build

Characteristics

Residence

Hale

Caucasian

February 29, 1896

5°g"

170 pounds

Greying

Medium

Wears glasses

Minneapolis, Minnesota

NW 68262 Docld:32989685. Page 541

---

## Page 542

FD-302 (Rov. 1-25-60)

FEDERAL BUREAU OF INVESTIGATON

Date -

2/10/64

SAMUEL STaNDS, having been dully sworn,

was

interviewed in the presence of Special Oificer James I. fall.

STANDS advised he is the Chairman of the Oglala Sioux Housing

Authority. He also stated he has a fourth grade education,

and cannot read or write very well.

STANDS furnished the following information.

He is not very familiar with the financiai or

organizational structure of the Oglala Sioux Housing

Authority,

and does not know if the Housing Authority has

paid back to the Public Housing Administration, the money

originally borrowed from it.

All bids and contracts were handled by Mr.

HEINTZELMAN Or MYLES TYLER, the Construction Superintendent,

and no one ever discussed

any bids with him.

The Housing Authority members, and not HEINTZELAN,

wanted changes made in the plans submitted by architects.

When the architects refused to go along with the requested

refuse to s

changes, the Authority, acting on its own initiative, tired

the

architects.

The Housing Authority orally agreed that local

Indians could buy materials from the housing project for use

in their own construction jobs on the reservation. The

purchasers were to repay the Authority for any naterials they

bought.

He believes only materials to, be used in adding

bathrooms to homes were to be sold.

He does not know for sure

if the authority was extended to sell materials for other

uses or not.

Sometimes bids would be opened by the authority,

and sometimes by HEINZELMAN. The Authority as a whole would

decide which bid to accept.

He does not know if HEINTZELMAN

ever accepted any bids on his own or not To nis knowledge

HEINTZELMAN always let contracts on the bids accepted by

the authority, and did not make any unwarranted changes.

The Authority members did look at various material samples

submitted with bids, and would then decide which bid it

wanted to accept.

35

On -

2/4/64

Pine Ridge, South Dakota File # Minneapolis 46-2614

by

Special Agent JOHN E. MC CARTY/sja

_ Date dictated -

2/10/64

cat not cont to ta le the property of the FBl and la loanod to

NW 68262 Docld:32989685 Page 542

---

## Page 543

MP 46-2614

HEINTZELMAN did offer advice and suggestions when

asked by the Authority, but, in his opinion, did not do

anything which he was not authorized to do.

He-said in his opinion everything connected with

the housing project is norma..

He has personally inspected

the buildings, and has never found any instance where

materials vere installed which were different than the

materials the Authority had selected.

It is his belief and understanding that all funds

and matertals involved in

the project

are property of the

OgLaLa

siour housing authority.

NW 68262 Docld:32989685 Page 543

---

## Page 544

FD-302 (Rov. 1-25-80)

FEDERAL BUREAU OF INVEST: * 'ON

Dato

2/14/64

GORDON REICHENBERG,

Nebraska Consumers Power Company,

advised he had requested CHARLES HEINZELAN to let him buy

windows for his home through the housing project. He did

not feel there was anything out of the normal in this.

He stated Mr. HEINTZELHAN refused to sell him any,

however, and he made all of his purchases direct from the

Rushville Lumber Conpany and the Oglala Sioux Housing

Authority and Mr. HEINTZELMAN had no part in his purchases.

37

2/4/64

Pine Ridge, South Dakota File # Minneapolis 46-2614

Special Agent JOHN E. MC CARTY/sja

by

Date dictated

2/10/64

is does it contain oniont to not so at us not co dueld out a gy, " a the proporty of the FBI and la loanod to

NW 68262 Docld:32989685 Page 544

---

## Page 545

FD-302 (Rov. 1-25-60)

FEDERAL BUREAU OF INVESTIGATION

Date.

2/14/64

Mrs. YVONNE WILSON made available records after she

advised such authorization had been made by CHARLES

HEINTZELMAN.

Minutes of the Oglala Sioux Housing Authority

reflect that on June 4,

1962, & motion was made and

carried "That the Oglala Sioux Housing Authority authorize

the Executive Director and the Superintendent of

Construction together with the authority of the Public

complete aid negotiations, anc

for the Executive Director or the designee to sign all

purchase orders as the results of bids of the Oglala

Sioux Housing Authority".

The minutes of June 18, 1962, corrected and adopter

the previous minutes to read that the housing authority

delegates to

the Executive Director and the superintendent

o1 construction the authority to incur obiigations ior labor

and materials subject to approval of the Public Housing

Administration representative, and that all purchase orders

after clearance may be signed

by the Executive Director.

The minutes of January 19, 1962, contain remarks

by Superintendent TOVLE stating the Tribe is to sell bonds

to the federal Reserve Bank, to obtain money to start the

housing project.

Each year

the amount of the bonds becoming

due are redeemed by appropriations from the United States

; Government to the Public Housing Administration.

This money

would not have to be repaid by the Housing Authority or the

Tribe.

There are numerous odd pieces of paper and a few

forms inthe files, reflecting various people, including

RICHARD WILSON, had received materials from the housing

project, and lists the materials received.

Mrs. WILSON pointed out that several people,

including FRED GERBER and HOBART KEITH, have paid for máterials

received by them.

She said actually the sums received from

these two men were paid to DICK WILSON and he in turn paid

the Housing Authority.

On -

2/4/64

- at

39

Pine Ridge, South Dakota File # Minneapolis 46-2614

by -

Special Agent JOHN E. MC CARTY/Sia Date dictated

2/10/64

ww 68 old egot age are no not on lete of ho fe, " the roperty of the el and la loned 1o

---

## Page 546

MP 46-2614

She also advised bills have not yet been prepared

for many of the outstanding obligations by people on the

Reservation, but that they will be prepared and mailed in

the near future.

She also pointed out that Public Housing

Administration Auditors have checked the books on monthly

basis, including the plan of operation regarding the sale

oi materials to local individuals, with nothing noted by

them

as being out of line.

30

-

NW 68262 Docld:32989685 Page 546

---

## Page 547

FD-302 (Rov.1-25-00)

*EDERAL BUREAU O. INVESTIGATIN

2/14/64

Date

Doctor MICHAEL OGDEN, United States Public Health

Service, Pine Ridge Indian Reservation, advised MARIS PUBULIS

is the Project Sanitation Engineer on this Reservation. He 1s

presently unavailable, but is the person that would know of

any agreements entered into between Public Health, the Housing

Authority, or anyone else, regarding the availability of

materials

of supplies to local Indians.

Dr. OGDEN stated he knows Public Health does

furnish only lavatories and stools to local people, and

that they are responsible for getting any other fixtures,

and the building materials necessary, to add bathroom

facilities to their homes.

On

2/11/64

Pine Ridge, South Dakota

_ File # Minneapolis 46-2614

by

Special Agent JOHN E. MC CARTY/sja

2/12/64

- Date dictatod

This dour it con in other one do i dia cod ludo outs y, " sa the proporty of the FBi and la loanid 1o

NW 68262 Docld:32989685 Page 547

---

## Page 548

MP 46-2614

"February II, 1964

Pine Ridge,

South Dakota

"I, DUANE CHESTER NOXON, having been duly sworl,

make the following voluntary statement to JOHN E.

Ne Carly, who I knor to be & Special Agent of the Federal

Bureau of Investigation.

"I have been advised I do not have to give this

statement and that it may be used in court.

No threats,

promises, or force of any kind has been used to nake me

give this statement.

"I am the Land Operations Officer on the Pine

Ridge Indian Reservation.

I was acting Superintendent of

the Peservation from approximately June through the middle

oI september, 1965, on on intermittant basis, and as a

result of this I was also the ex-officer member of the

Oglala Sioux Housing Authority.

"I recall one neeting of the Housing Authority

when there was a discussion is to the authority of the

Rousing Authority to sell materials from housing project

to local people who needed materials. I do not recall

if there

was a speciflc agreement or resolution passed

giving this authority to the housing Authority, however

know it was generally agreed by the Authority members that

the meterials could be sold.

I also know there is

correspondence sonewhere fron the Tribal Attorney stating

the Housing Authority does have the authority to sell

housing project materials.

There was no limitation put on

the type of materials the Authority could sell, that I

recall. I know my own organization his purchased saterials

both directly and indirectly from the housing project, and

there is nothing improper in this operation.

"I sat in on only a few Housing Authority meetings,

and I recall only one instance where Mr. HEINTZELMAN

discussed bids with the Authority, and this was on bricks.

"I do." recall. the Authority, being laymen,

placed great confidence in Mr. HEINZELNAN, and pretty

much

authorized him free hand in running the project.

"It is my belief, based on my knowledge of the

operation, that there is nothing of an inproper mature

involved in the housing project.

4:

NW 68262 Docld:32989685 Page 548

---

## Page 549

MP 46-2614

"I would like to point out that the Bureau of

Indian Affairs made only one direct purchase Iron

the Housing Authority. This purchase was made for

the Land Operations

Accelerated forks Program, and

consisted of the purchase of cement on an emergency basis.

"I also am aware that materials we have

purchased from the Building Supplies and Services oi

the Oglala Sioux Tribe, come from the Housing Authority.

"I have read this

statement of three pages

and it is true & correct to the best of my knowledge.

"/S/ DUANE C. MOXON

"Sworn to and subscribed before me this eleventh

day of February, nineteen sixty four at Pine Ridge, South

Dakota.

"/s/ JOHN E.

MC CARTY,

Special Agetn, FBI, Pine

Ridge,

S.D. 2/11/64

"1S/ 2/1164 TAIL, ASO, PRIAO PIDE RIdge,

42"

NW 68262 Docld:32989685 Page 549

---

## Page 550

FD-963 (Rey 3-1-50)

FEDERAL BUREAU OF INVESTIGATION

REPORTING OFFICE

OMAHA

OFFICE OF ORIGIN

MINNEAPOLIS

TITLE OF CASE

CHARLES EDWARD HEINTZELMAN,

Inspector, Public Housing

Administration, Pine Ridge,

south Dakota, Indiana

Reservation;

RICHARD ALLEN WILSON; •

ALBERT DALE

DATE

2/19/54

REPORT MADE BY

ROBERT D. KINSEY

CHARACTER OF CASE

FAG

INVESTIGATIVE PERIOD

2/13/64

REFERENCE

TYPED BY

mrh

.

Minneapolis airtel to Chicago 2/7/64.

RUC •

MISCELLANEOUS

Both ALBERT DALE, President, Stockmen's National Bank,

by disgruntled Indians who were discharged from various jobs

on the Oglala Sioux Housing Authority, Pine Ridge, South Dakota.

-A *-

COVER PAGE

PECIAL AGEN

N CHARGI

APPROVED

COPIES MADE:

4

— Bureau

3 - Minneapolis (46-2614)

1 - Omaha (46-2570)

DO NOT WRITE IN SPACES BELOW

3

"*CT-3

DISSEMINATION RECORD OF ATTACHED REPORT

$C FEP 27. 1964

NOTATIONS

xo."

AGENCY..

REQUEST RECD..

DATE FWD.

HOW FWD.

BY...

58

MAR 5

1964

• NV 68262_Docld:32989685 Page 550

1111

U.S. GOVERNMENT PRINTING OFFICE

10-70324-1

---

## Page 551

TN10-201 (Rov. 3-3-88)

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

Copy to:

Report of:

Date:

Field Office File No.:

Title:

Öffice: OMAHA

Bureau File No.:

Character:

Synopsis:

OM 46-2570

CHARLES EDWARD HEINIZELMAN,

Inspector, Public Housing Administration,

Pine Ridge, South Dakota, Indian Reservation;

RICHARD ALLEN WILSON;

ALBERT DALE

FRAUD AGAINST THE GOVERNMENT

ALBERT DALE, President, Stockmen's National Bank,

Rushville, Nebraska, advised instant project will

eventually be owned by Oglala Sioux Tribe, is currently being

constructed and financed through temporary notes with National

City Bank of New York, New York City, N.Y.

Bonds to finance

the entire project have been advertised

and to be handled by

Hartford National Bank and Trust Co., Hartford, Connecticut.

Mr. DALE belies certain U.S. Government funds involved as the

entire housing project is being subsidized by U.S. Government.

DALE stated regulations provide that materials property of the

Oglala Sioux Housing Authority may be sold to Indians who are

repairing and improving their living quarters. Such sales are

legally made at cost and anacounting is made

in each instance.

DALE stated HEINIZELMAN has full authority of Oglala Sioux

Housing Authority, subject to review by his superiors at

Public Housing Administration Headquarters, Chicago, Illinois.

DALE stated Authority has complete confidence in HEINTZELMAN

and he feels allegations against HEINTZELMAN are without

foundation. DALE has no interest in Rushville Lumber and

Coal Co., Rushville, Nebraska. ROY CURTISS, Secretary-

Treasurer, Rushville Lumber and Coal Co., Rushville, Nebraska,

emphatically denied any favored position in relation to bids

submitted on project at Rapia City, south Dakota..

He also

to amounts of

submitted by his competitors.

bids

- RUC -

DETAILS:

This document contains neither recommendations nor conclusions of the FBI.

It is the property of the FBI and is loaned to your agency; it and

its contents are not to be distributed outside your agency.

NW 68262 Docld:32989685 Page 551

---

## Page 552

FD-302 (Rev. 1-25-60)

FEDERAL BUREAU OF INVESTIGA

N

Date February 18, 1964

2

ALBERT DALE, President, Stockmen's National Bank,

was interviewed at the Stockmen's National Bank, at which time

he was advised the purpose of the interview was

to secure

information relative to some complaints of possible wrong-

doing in connection with the construction of some 127 private

hones and a 23-unit old folks home at the Pine Ridge Indian

Reservation, Pine Ridge, South Dakota.

DALE was advised he didnot have to submit to an

interview, that he need not provide any information, that any.

information he might provide could be used against him, and

that he was

entitled to discuss this matter with an attorney, 1f

he so desired.

DALE was further Informed that in a matter such as

this that might involve possible fraud against the government

the interviewing agent had authority to conduct such an inter-

view under oath.

DALE stated he had expected an interest in the matter

on the part of the FBI. due to the fact he knows a number of

rumors have been going about the reservation involving CHARLES

EDWARD HEINIZELMAN, Inspector for the Public Housing Administration.

DALE stated it was his sincere wish to cooperate in

every way possible in an etfort to refute once and for all these

very violous rumors which according to him threaten the entire

effort, to improve the living conditions of the sioux Indian

nation.

DALE further stated he had absolutely nothing to

hide, did not desire to consult with an attorney, and would

consent to be interviewed under oath.

DALE was placed under oath by SA ROBERT D. KINSES.

DALE related he has been associated with the housing

project at line Ridge, souch Dakota,

Sioux Housing Authority (OSHA). He did state he receives

$5.00 mileage for each round trip he has to make from Rushville,

On 2/13/64

Rushville, Nebraska

_ File # 0M 46-2570

by

SA ROBERT D. KINSEY: mrh

_Date dictated

2/14/64

i not contes emotion to is the property of the FBI and is loaned l

re not to be distributed outside your agency

2

NW 68262 Docld:32989685 Page 552+ •

---

## Page 553

OM 46-2570

2

Nebraska, to Pine Ridge, South Dakota. DALE noted he accepted

this duty, feeling it was a publio service due to the fact he

felt the purpose of the project which was to improve the slum

Ilving conditions of the sioux Indians was a most worthy under-

taking.

DALE stated the project has been going on for about

three years and original funds

to start the project were advanced

by an agency of the U. S. Government, as he recalls the Public

Housing Administration,

He stated the advance money was not

received nearly fast enough to pay off the various contractors

and laborers on the job and much of the sum of $1,500, 000.00 was

secured through temporary notes to the National City Bank of

New York, New York,City, New York. He stated bonds to cover the

total cost, approximately $2,600, 000.00 for the whole project, already

have been advertised and will be issued and placed on sale by the

Hartford National Bank and Trust Company, Hartford, Connecticut,

at 2:30 p.M., March 2, 1964.

DALE said despite this sale of bonds he is of the

opinion some U.S. Government funds will be involved as the

Government is subsidizing the sum clearance program on the Pine

Ridge Indian Reservation.

DALE stated the aim of the project, in addition to

providing

a total of some 127 new private homes and a 23-unit

old folks

home, also has provisions to repay Indians whose

homes are destroyed or moved to make room for the new units

as well as providing assistance to Indians who desire to

modernize and repair existing residences.

DALE advised a body known as the Oglala Sioux

Housing Authority was set up and this group consists of the

following persons:

SAMUEL STANDS, Chairman;

EMIL TIBBETTS

C. HOBARD KEITH, Member of the Board;

ALBERL DALE, Treasurer,

3

NW 68262 Docld:32989685 Page 553

---

## Page 554

OM 46-2570

3

DALE noted that neither himself nor any other member

of the Authority is a builder and the entire project is being

overseen by a Mr. CHARLES EDWARD HEINTZELMAN, Inspector,

Public Housing Administration (PHA) • He said HEINIZELMAN

resides in Miñneapolis, Minnesota, but works out of the PHA

Headquarters at Chicago, Illinois, and usually spends about

every. other week at the site of the Fine Ridge project.

DALE noted a CHARLES A. REED is project manager,

a MILES TAYLOR 1s construction superintendent for the bullding

of the individual residences, and a Mr. ARNOLD WALTERS 18

construction foreman for the old. folks home.

DALE related he has complete confidence in the

ability and integrity of HEINIZELMAN and he has been given

complete authority to act for the OSHA.

He said HEINTZELMAN

handles the advertising and publication of the bids, accepts

or rejects these bids subject to review by his superiors,

PHA at Chicago, and generally is responsible for the entire

project.

DALE stated the programing of the slum clearance on

the Pine Ridge Indian Reservation, in addition to providing

for the new private homes and for the construction of a 23-unit

old folks home, also provided for the remodeling of existing

homes and under this

to sell to individual Indians materials from OSHA building stock-

piles for these repairs and renovations.

In this connection, DALE stated he recalled several

Indians had purchased siools and lavatories from OSHA to add

bathrooms to their residences and he also recalled a WILLIAM

GOINGS secured sufficient materials to add a room to his

residence.

DALE stated a close accounting is maintained for

a11 such transactions, which he described as quite numerous;

out he did not feel the entire amount expended would be much

over $10,000.00, 1f that much.

In this connection he noted PHA In Chicago sends

out an auditor who regularly audits the entire operation at

the Pine Ridge Indian Reservation for all phases of the

construction.

NW 68262 Docld:32989685 Page 554

---

## Page 555

OM 46-2570

DALE stated very good progress is being made on all

components of the construction, noting the old folks home is

scheduled to

and the other

section, known as s.D. 1-3 of the private home

construction 1s between 40% and 50% complete.

In further reference to bids solicited for

conscruction, Dale noted regulations provide the calling for

Dide be advertised, specitications are described, a letting

date is set, and it is required that three bids be secured.

He said he has never had any suspicions that the entire handling

of the bids was not completely fair, honest and above board.

DALE advised he was well aware of the fact that a

local lumber yard at Rushville, Nebraska, the Rushville

Lumber and coal Company, has provided a considerable amount,

probably at least 50-60% of the total lumber used on the

project.

He said this appeared very logical to him as this yard

1s much

closer to the project than yards at Rapid City, South

Dakota, and other sizeable South Daota cities.

As a result

of their proximity to the project the Rushville Lumber and

Coal Company has definite shipping advantages which in his

opinion would allow this concern to underbid more remotely

Located competitors.

DALE stated he has absolutely no financial interest

In the Rushville Lumber and Coal Company and after checking

bank recoras to be certain advised the bank has absolutely

no loans to this concern.

DALE related he has no Information to Indicate bids

for lumber that may have been made by the Rushville Lumber

and Coal Company are handled in any fashion or in any way

different from the handling of the many types bide accepted

for the multitude of different items used on the project.

5

NW 68262 Docld:32989685 Page 555

---

## Page 556

FD-302 (Rev. 1-25-60)

si

FEDERAL BUREAU OF INVESTIG

/

N

Date February 18, 1964

1

ROY CURTISS advised he is principal stockholder,

Secretary-Treasurer and the active manager of the Rushville

Lumber and Coal Company at Rushville, Nebraska.

CURTISS was Informed certain allegations had been

made relative to the volume of material his company had provided

for the construction of a number of private homes and an old

folks unit under the Publio Housing Authority (PHA) at Pine

Ridge, South Dakota.

He was further advised that allegations

had been made indicating his company mighi possibly have been

provided preferential treatmen't in bidding and might have been

given advance information relative to the bids submitted by

competing bidders.

CURTISS was further informed he did not have to make

any

statement; that any statement he might make could be used

against him in court, and that he was entitled to the services

of an attorney if he

so desired.

CURTISS was also advised that since this investigation

involved possible fraud against the U.S. Government, interviewing

agent had the authority to question him under oath if he was

as aust,

agreeable. CURTISS advised he could not understand how such

allegations could be made, that he and his firm were entinely

innocent of any wrongdoing and he stated he desired to cooperate

fulLy.

CURTISS was placed under oath by sA ROBERT D. KINSEY.

CURTISS advised he personally had handled virtually

all business associated with the public housing being

constructed at the rine hiage indian reservation, Pine riage.

South Dakota.

In particular, CURIISS advised he had handled alj

the bids submitted for materials furnished by his company for

this job.

CURTISS stated he would hear of the items up for bids

through regular channels and if interested he would secure the

necessary bid forms which listed the material to be furnished

along with the specifications.

0n- 2/13/54-at

Rushville, Nebraska

_ File iF

ON 46-2570

SA ROBERT D. KINSEY: mch

Date dictated

2/14/64

is done contain content are not codel is rot cod luston go the a " 1s the property of the FBI and la loaned 10

NW 68262 Docld:32989685 Page 556

---

## Page 557

;

OM 46-2570

CURTISS said he would then figure out his bid and

submit it through normal channels.

CURMISS emphatically stated neither CHARLES

HEINTZELMAN, Who he knows as the Inspect for the Public

Housing Administration, nor anyone else has ever given him

any information as to the amounts of the bids submitted by

any other firm and neither has he or his company ever been

made an offer by anyone to help his company get any contracts

on the Pine Ridge project in any way other than through normal

and legitimate business procedures.

CURtIss volunteered that his company has served the

Pine Ridge Reservation, which 1s only a little over twenty miles

Iron Rushitle, Nebraska, for years and has a truck which makes

daily deliveries to the area. He noted he was in a much better

position to serve the project on the basis of a favorable

posicion as far as shipping charges were concerned and he could

normally be expected to be able to underbia suppliers from a

greater distance from the project.

He also advised that in 1962 before the administrative

controls were completely set up on the project he was able to

supply a considerable amount of material which was needed

immediately and could be purchased locally without the letting

of bids.

He said his company would realize its normal margin

of profit on such sales, but since 1963 almost all Items have

been supplied to the project under sealed bids and to supply

such material it is necessary for him to bid on a very small

profit margin.

CURIISS further advised he considers CHARLES

HEINTZELMAN as doing an excellent job on the project and in

protecting the interests of the Sioux Indians and the U.S.

Government.

CURTISS stated ALBERT DALE, President of the

Stockmen's National Bank, Rushville, Nebraska, owns no stock

ih his company and his company has no loans with the Stockmen's

NW 68262 Docld:32989685 Page 557

---

## Page 558

FD-263 (Rex 5-1-59)

FEDERAL BUREAU OF INVESTIGATION

-11

REPORTING OFFICE

CHICAGO

TITLE OF CASE

OFFICE OF ORIGIN

MINNEAPOLIS

DATE

INVESTIGATIVE PERIOD

2/24/64

2/17 - 18/64

REPORT MADE BY

FRANK B. FOLEY

CHARLES EDWARD HEINTZELMAN

Inspector, Public Housing

CHARACTER OF CASE

Administration, Pine Ridge,

South Dakota, Indian Reservation;

RICHARD ALLEN WILSON; ALBERT

DALE

FAG

REFERENCE: Minneapolis airtel to Chicago dated 2/1/64.

- RUC -

TYPED BY

il

- A*-

COVER PAGE

APPROVED

COPIES MADE:

SPECIAL AGENT

IN CHARGE

Bureau

- Minneapolis (46-2614)

(1 - USA, Sioux Falls, S. D.)

• - Chicago (46-3873)

DO NOT WRITE IN SPACES BELOW

REC. E

8 FEB 26 1964

J

DISSEMINATION RECORD OF ATTACHED REPORT

HE MAI

AGENCY-

REQUEST RECD.

112212

DATE FWD. ..

HOW FWD.

6 4.

BY..

1964

Nw 68768 299625 Page 558.

U.S, GOVERHMENT PRINTING OFFICE

NOTATIONS

10-70324-1

---

## Page 559

FD,-201 (Rcy. 3-3-59)

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF. INVESTIGATION

Copy to:

1 - USA, Sioux Falls, South Dakota

Report of:

Date:

SA FRANK B. FOLEY

Office:

Chicago

2/24/61

Field Office File No: 46-3873

Bureau File No.:

Title:

CHARLES EDWARD HEINTZELMAN

• Inspector, Public Housing Administration,

Pine Ridge,

South Dakota, Indian Reservation;

RICHARD ALLEN WILSON; ALBERT DALE

Character:

FRAUD AGAINST THE GOVERNNENT

Synopsis:

Investigation at Public Housing Administration (PHA),

Chicago, reflects Pine Ridge housing projects

constructed by Oglala Sioux Housing Authority

financed under Housing Act whereby in final analysis

total cost financed by issuance bonds by local

housing authority, payment of which guaranteed by

PHA which makes

contribution to annual debt service.

Any irregularities increasing cost of project would

increase amount government's annual contribution.

Title to all materials, etc., is in local housing

authority. Pine Ridge project unique being first

and only one wherein local housing authority acting

as general contractor.

HEINTZELMAN assigned to

project by PHA.

His function advisory only and

letting of contracts, etc. under jurisdiction of

local housing authority.

HEINTZELNAN's supervisor

states no irregularities known to him and describes

HEINTZELMAN as dedicated employee of highest integrity

who did outstanding job on Pine Ridge project and

received superior achievement award therefor.

- RUC -

DETAILS:

This document contains neither recommendations nor conclusions of the FBI

i conte cos elu not to be dift ou the source the X and is loaned to your agen

NW 68262 Docld:32989685 Page 559

---

## Page 560

FD-302 (Rev. 1-25-60)

FEDERAL BUREAU OF INVESTIGAT

Date -

2/20/64

EDWARD ARNOLDS, Assistant Regional Attorney, Public

Housing Administration (PHA), Regional Office, 185 North Wabash

Avenue, Chicago, Illinois, furnished the following information:

The Pine Ridge, South Dakota, Indian reservation

housing project was developed and constructed in accordance

with the Housing Act under which a legally constituted

housing authority applies to the PHA for approval of

development and linancing of a low rent housing project.

thA enters into a preliminary loan contract whereby PHA

advances funds to the local housing authority to do

preliminary planning to determine the need for and feasibility

of low rent housing. When the project has been approved

Pils enters into an Annual Contributions Contract with the

local housing authority covering the full estimated cost of

the project whereby it agrees to loan money to the local

housing authority to construct the project and under which

disbursements are made to the local housing authority as

needed - generally the estimated lunds needed for a three

month period.

The local housing authority signs an open-end

note for the full estimated cost of the project, and is legally

allowed to borrow up to 90% of such total estimated cost.

As advances are made to the local housing authority, the

amounts

thereof are endorsed on the said notes. After the project

is under way, the local housing authority issues temporary

notes to finance the construction which are sold to

private investors, usually banks, and the proceeds of which are

used in part to repay PiA advances to that time. The temporary

notes are generally in an amount to cover funds needed for a six

nonth period and as of the date of issuance total the amount of

advances made to that time by PHA and the additional funds \which

it is estimated will be required for the ensuing six months.

inancing during the construction period is continued by the

issuance of temporary notes, generally for six month periods,

however, should additional funds be needed prior to maturity of

such notes, PHA can and will advance additional funds to the local

housing authority, which again upon issuance of a new series of ten-

porary notes, will be repaid.

On

-

_ at'

2/17-13/64

by

SA FRANK B.

Chicago, Illinois

File #

_ Date dictated

CG 46-3873

FOLEX/MJT

t The tEll did 1s loaned t

-2-

NW 68262 Docld:32989685 Page 560

---

## Page 561

CG 46-3873

2

When the project is substantially completed,

permanent financing is arranged, which consists of bonds

issued by the local housing authority. These bonds are

serial bonds, which mature over a period of 40 years and

PHA guarantees the principal and interest to the extent

provided for in the Annual Contributions Contract.

These

bonds are sold to private investors. The bond indenture

provides for a fixed annual payment which will liquidate

the

total obligation over a period of 40 years. Under

its contract with the local housing authority, PhA is

obligated to make up the portion of the annual payment

which the local housing authority does not have funds to

meet from its operations. This payment is limited under

the contract to a certain amount, however, in practice it

is usually sufficient to liquidate 100 per cent of the cost

With regard to the Pine Ridge, South Dakota,,

Indian reservation housing project, PHA was approached by

a Washington, D. C. law firm representing the Indian tribe

to determine whether it could qualify for low rent housing.

It was informed that it could by meeting the requirements of

the Housing Act which meant organizing a legally constituted

housing authority.

This was done and the Oglala Sioux Housing

Authority (OSHA)

became such authority. The preliminary

planning conract was entered into by PHA with OSHA in

september, Loot, and eventually the project vas approvea ano

an Annual Contributions Contract was entered into in June,

1962.

This project actually included three projects, two

of which were covered in the initial contract, and the third

added as an amendment to the contract. Advances to finance

initial construction were made by PHA to OSHA beginning in

June, 1962,

and the initial series of temporary notes to

finance contruction were issued by OSHA in about November,

1962. The third and last series of temporary notes matured

January 10, 1964.

Permanent financing, consisting of bonds,

has been arranged and the bonds sold and to be delivered

march 3, 1964.

As there was a short interval between maturity

of the

temporary notes and delivery of the bonds representing

permanent financing, PHA advanced sufficient funds to pay off

the principal and interest of the temporary notes which matured

on January 10, 1964. This amounted to $1,576,613.71.

Accordingly, OSHA is indebted to PHA at the present time in that

amount plus interest on the said amount from January 10, 1964,

at 3 7/8 per cent.

This indebtedness will be liquidated upon

delivery of the bonds constituting the permanent financing on

March 3, 1964.

These bonds will total $1,690,000 and the Ilxed

annual paynent will amount to $79,230.

-3 -

NW 68262 Docld:32989685 •Page 5614 •

---

## Page 562

CG 46-3873

3

fir. ARNOLDS stated that there was no running record

of

advances, etc., maintained in the Chicago Regional Office

and that a complete record of advances, issuance of temporary notes,

etc., regarding the financing of the Pine Ridge, South Dakota

projects could best be obtained from the fiscal Branch of PHA,

Washington, D. C.

Mr. ARNOLDS made available the financé file relating

to the. Pine Ridge project, which reflected the following:

A copy of a letter dated May 24, 1962, from THOMAS D.

CHORPSON, DEVELOPMENt DIVISION, tO MARIE C. IC GUIRE, Commissioner,

captioned "Use of force Account - Project SD-1-1, Pine Ridge 1962.

ner sem app t me m me can mate can to

this letter constituted approval to waive provisions of Section

107 (D) of Part II of the Annual Contributions Contract to extent

necessary to permit project sb-i-, Pine alage, to be built by

the force account method.

This method was explained as one

whereby Tribal Authority will utilize the available labor force and

direct the construction work themselves.

A copy of consolidated Annual Contributions Contract

Number C-354 reflected that this contract was entered into on

June 7, 1952, by the Pha and OsHA, a body corporate and politic

organized and existing under the laws of the oglala sious tribe

of the Pine Ridge Reservation.

it speciiied that the local

housing authority was undertaking development and operation of

low rent housing as defined in the U. S. Housing Act of 1937,

as amended, as follows:

Project #

Estimated #

Development

Units

Estimated Total Statutory

Maximum

Initial

Development

Development

Development Loan

Cost

Cost of

Cost Per

Commit.

Construction Room

and Equipnent

ment

Per Room

SD-1-1

SD-1-2

SD-1-3

50

$793,664

23

$326,558

76

$1, 159,476

*22 units 'designed for elderly

$2,000

$3,000

$2,000

$1, 733

$79,000

$3,065*

$32,700

$2,013. $115,000

NW 68262 Docld:32989685 Page 562r

---

## Page 563

CG

46-3873

4

Project SD-1-3 was added to the contract by

Amendment #1 dated February 28, 1963.

Section 1, Paragraph (D), states that the U.

S. Government has approved the naking of the contract and the

undertaking by the PHA of the loan and annual contributions as

provided in the contract and on PEA List Number 2088, 2098

and 2526.

PHA List Number 2088 dated May 23, 1962, relating to

project SD-1-1

PHA LiSt Number 2098 dated May 22, 1962, relating

to project SD-1-2, and PHA List Number 2526 dated February 26,

1963, relating to project SD-I-3, reflecting the following

pertinent data:

Project#

Maximum Rate

of Annual

Contributions

SB-1-1

6%

SD-1-2

6%

SD-1-3

5 7/8%

Maximum Federal

Annual

Contributions

$47,619

$19,594

$68,119

Maximum Loan

$

714,297

293,911

$1,043,528

• Section-7 of the contract provides that PHA shall

lend the local housing authority amounts as detemined pursuant

to Section 410, and Section 8 provides for the making of

annual contributions by PHA to the local housing authority.

The contract was signed for OSHA by SAMUEL STANDS, Chairman

Of OSHA, and was signed for PHA by WILLIAM I. BERGERON,

Director, Chicago Regional Office.

The file contained copies of Advance Notes, all

signed for OSHA by SAMUEL STANDS, Chairman, attested to by

PETER M. CUMMINGS, Secretary, as follows:

Advance Note #

Date of Note

Project

1

5/7/62

SD-I-1

2

5/7/62

SD-1-2

$

$

3

2/25/63

SD-1-3

Amount

793,664

326,568

$1,159,476

- 5 -

NW 68262 Docld:32989685 Page 563.

---

## Page 564

CG 46-3873

10s

As indicated, the above described documents were

copies and bore no endorsements of funds advanced under them.

There were copies of several documents contained in

the file of requests for advances submitted by OSHA and copies

of some approvals by the Fiscal Branch of PHA, however, these

did not appear to be complete and as stated by Mr. ARNOLDS, a

complete and reliable record would have to be obtained from

the Fiscal Branch in Washington, D. C.

Copies of these documents did reflect that the intial

advance by PHA to OSHA on the project was made on or about June

14, 1962. The latest and last requisition for funds- by OSHA

was dated October 22, 1963,

and related to the advance to be

made by PEA to pay off the

temporary notes which matured on

January 10, 1964, and provided for advance totalling $1,576,613.71,

covering all three

projects.

It was noted that the toal estimated development cost

for the three projects per the contract was $2,279,708, whereas

I. ARNOLDS advised the permanent financing consisting of the

bonds of osta totallea $1, 690, 000.

ARNOLDS stated that the

total bond issue represents the total cost for construction

of the three projects and explained that when the permanent

bonds are to be issued a minimum development cost determination

is made and this is used as the total of the bond issue by the

local housing authority.

He added that is it develops an

additional amount is needed, which would usually be a small

percentage, PHA can make a direct loan to the local housing

authority.

ARNOLDS advised that the project in every case;

specifically in the Pine Ridge project, is constructed

by the local housing authority, which

title to all.

materials, etc., relating to the project.

ARNOLDS also advised that if irregularities occurred

on the Pine Ridge or any project resulting in an increase

in

the total cost of the project, there would be a correspording

increase in the U. S. Government's annual contribution and,

therefore, the Government would suffer a loss.

- 6 -

NW 68262 Docld:32989685. Page 564 .

---

## Page 565

FD-302 (Rev. 1-25-60)

FEDERAL BUREAU OF INVESTIGA

UN

2/20/64

Date

HAROLD BROW, Chief of the Construction Section,

Chicago Regional Office, Public Housing Administration (PIA),

185 North Wabash Avenue, Chicago, Illinois, furnished the

following information:

The Pine Ridge, South Dakota, Indian Reservation

lo rent housing project is unique and some background is

necessary to an understanding of it. The project originated

vIth an Inquiry to phA by a lashington, D.C., lau firm

representing the indian tribe, in effect as to whether the

tribe could qualily for low rent housing financing under the

Housing Act.

They could qualify through organization of a

legally constituted housing authority and did so by forming

the Oglala Sioux Housing Authority (OSHA).

Development plans vere submitted to Pha which were

based on sone dwelling units constructed on the Reservation

about & year befora on contracts let by the Bureau of Indian

Affairs.

These avellings were similar to the type of

dwellings which are constzuctedrormally as low rent housing

under Pill financing.. However, the cost of these units were,

as BROWN recalled, about $24,000 each whereas the PHA could

not finance units

costing more than about $12,000 or $13,000

under the statutory limitations. The Pha could not approve

the development at the cost proposed, bui decided to 100k

into the matter to determine why the costs vere so high.

This

was done and it was found that the general contractors'

bids were high primarily because of high labor costs occasioned

by bringing in labor from considerable distances.. They had

employed little, if any, Indian labor.

A plan was developed whereby the OSHA would direct

che construction Itsell, that 15, itselt periorm the

¡unction of general contractor.

Under the plan, the labor

force was to consist of Indians working as apprentices

under either Indian or non-Indian journeyuen, whichever

were available. This plan had the dual benefit of providing

employment to the indians, who were 65 per cent unemployed,

and developing them into skilled workmen. Project plans

were developed envisioning the aforementioned method of

2/17/64

Chicago, Illinois

On

File #

46-3873

at

SAA FRANK B. FOLEX/bak

CG

2/19/64

by

_ Date dictated

als document contains neither recommendations nor conclusions of the FBI. It ls the property of the FBI and is loaned l

our agency; It and its contents are not to be distributed outside your ggenc

NW 68262 Docld:32989685 Page 565

---

## Page 566

2

CG 46-3873

of operation, estimated costs were within statutory limits

and the development plans vere approved by PHA.

The type of operation decided upon is termed force

account operation.

The Pine Ridge project is unique because

it is the first and only project constructed on a force account

basis. All other projects have been, and are constructed

by general contractors on contracts let by the loca

housing authority. Therefore, this was an entirely different

procedure for which IA had only very broad guide lines.

Under normal circumstances, a traveling construction

representative visits each project assigned to him once

each month for about two days for the purpose of determining

that the local housing authority is doing what it should

ba doing, that is conducting adequate and proper inspections,

etc.

HOREVer,

because of the unusual circumstances involved

in the Pine Fidge project, namely, the force account operation

and

the almost total unfamiliarity of the OSHA members with

construction, procedures, etc., it was necessary for HeINTacLiaN

to devote almosi full time to the project initially. He

spent two

to three weeks per nonth at Pine Ridge "until he

got the báll rolling."

The time required dropped gradually

so that at present FEINTZELAN spends about one week per

month at this project.

it is anticipated that it will only be necessary to visit

this project on the same basis other projects are visited.

HEINTZELMAN's function and duties throughout the

Pine Ridge project have been to act as a guide, counselor,

and advisor on construction. He has no authority to

awaro contracts, etc. All operating and cunstruction autho-

rity is within the jurisdiction of the OSH. Board.

the OSHA Board has undoubtedly followed HEINTZELMAN's recommen

dations, and he has for all practical purposes supervised

the construction.

There is no review of bids, etc. Other than by

OSHA personnel and/or HEINTZELMAN. OSaA is the legal owner

of the naterials, etc, and would have authority to dispose

of materials not needed.

PHA would not have any record

of such transactions.

NW 68262 Docld:32989685 Page 566

---

## Page 567

3

CG . 46-3873

BROWN commented that he is certain that the OSA

has complete records because he cautioned IEINTZELMAN from

the start that he should insure that there is widely circulated

and competitive bidding on everything, and that complete

records are maintained "down to every

nail used" on the project.

BROWN mentioned personnel problems encountered by

OSHA on the project.

OSHA initially employed a construction

superintendent at $10,000 per year who was dismissed at

about the 75 per cent completion state of Project Nunber 1

for failure to periorm his job.

The architect on Project

Number l lailed to do his job during construction and was

di snissed

by OSHA when this project was about 25 per cent

completed. The architect who had designed Project Number 2

quit when

that project was at about the 25 per cent completion

stage because of disagreement regarding design changes.

aVAN Jess, the architect on Project Numbers, was engaged

by Does to

take over on Project Number 2 in adaition to his

employment on Project Humber 3. BROWN said that as a result

0f these personnel problems, the OSHA Board undoubtedly

depended more on FEINZELIAN than they might have otherwise.

He also pointed out that the architect is charged with the

responsibility of compliance inspection.

There were no detailed inspections of the Pine

Ridge project buildings by PHA personnel other than HEINTZELMAN.

There were visits to the project by PHA officials who

observed the work and made, in effect, a general inspection.

These officials included PHA Commissioner MARIE MC GUIRE,

Chicago Regional Director WILLIABI E. BERGERON, BROWN and

others.

BROWN reiterated that the Pine Ridge

project is one

in which there is unusual and special interest because it

is the first on an Indian reservation and the first on

which the force account operation has

been used. Further,

when the project was being originated, the White House

expressed an interest in it.

BROWN commented that HEINTZELMAN attributes the

allegations of irregularities to two disgruntled individuals

on the reservation, namely, Butch, Who was Executive Director

oi the OSHA initially, and

a friend or Brunbh named HOBAR1

KEITH. BREWER was dismissed

as Executive Director by the

NW 68262 Docld:32989685 Page 567

---

## Page 568

CG 46-3873

OSIA Board on HEINZELMAN'S recommendation as he failed to

perform his duties properly, if at all. KEITH was described

as a disgruntled office seeker who ran for some office in

a tribal election, was defeated, and blames HEINTZELMAN 1OI

his defeat despite the fact that HEINTZELMAN had nothing to

do with the election.

The financial records of OSHA were set up by

LOUIS ELLISON, an auditor of the Chicago Regional Office,

who has maintained almost continuous contact with the

project record keeping, again an abnormal situation because

of the unusual nature of this project. ELLISON has never

become aware of any irregularities.

BROWN said he has no knowledge of any irregularities

by HEINTZELLAN or anyone else, and considers any allegations

of irregularities by HEINTZELMAN completely unfounded.

He described HEINTZELMAN as an extremely conscientious and

dedicated employee of the highest integrity.

He said

HEINTZELMAN has done an outstanding job on

the Pine Ridge

project and received a Superior Achievement Award in connection

therewith which was presented to him by PHA Commissioner MARIE

MC GUIRE in Washington, D.C., at a ceremony attended by the

press. Furthermore, BROWN said PHA is proud of the Pine

Ridge

project, the dwellings have been constructed at a cost

lower than usual, for example, the cost of Project Number 2

will run twenty per cent under the architect's estimate and

far below bids by geueral contractors on this project; employ-

ment has been, and is being afforded Indians; many have

learned a trade, and there is now an experienced construction

force on the reservation.

BROWN further commented that general contractors

in the area, at the encouragement and solicitation of the

Builders' Exchange in Rapid City, South Dakota, raised a large

hew and cry when they learned the Pine Ridge project was to

be constructed on a force account basis.

These contractors

complained to Congressmen and Senators that this was un-American,

socialistic, etc. As a result, PHA has had to answer

numerous inquiries from Congressmen and Senators.

However,

all of the accusations made related to the fact the construction

was done by the Indians rather than on contract, and there

- 10 m

- NW-68262-Đoc/d:32989685-Page 568

---

## Page 569

CG

46-3873

have been no allegations of irregularities. He remarked

chat because of the protest, Pha had Osta solicitedbids

for construction of Project Number 2 and the result was

that the bids received were much too high so it was

decided to continue with the force account operation

both on Projects Number 2 and Number 3.

11*

NW 68262 Docld:32989685 Page 539

---

## Page 570

FD-36 (Rev. 10-29-63)

T' son

1 Mr. Holmant

FBI

Date:

2/20/64.

Transmit the following in

• (Type in plain text or code)

Via

AIRTEL

(Priority)

TO

: DIRECTOR, FBI

FROM

: SAC, CHICAGO (46-3873)

SUBJECT:

CHARLES EDWARD HE INTZELMAN;

ET AL

FAG

00: MINNEAPOLIS

Typed report requires some corrections.

be submitted 2/24/64.

3) - Bureau

2 - Minneapolis (46~2614)

1 - Chicago

FBF : MJD

(6)

AT:.

"Ir.

Tat!

--1Y

1T:l. R0

1Tas71a5

jAliss Gancy

---====

Will

RECE

-4/114-5

RI$ 103

C. C. Wick

119

TERROR LETTER SENT

Approved:

Special Agent in Charge

NW 68262 Docld:32989685 Page 570

12 FED Z: 1954

LS-LATEST

+75-4-113

alone

Sent

_M

Per.

---

## Page 571

FEDERA®

BUREAU OF INV

_STIGATION

REPORTING OFFICE

MINNEAPOLIS

OFFICE OF ORIGIN

MINNEAPOLIS

TITLE OF CASE

CHARLES EDWARD HEINZELMAN,

Inspector, Public Housing

Administration, Pine Ridge,

South Dakota Indian Reservation;

RICHARD ALLEN-WILSON;

ALBERT DALE

DATE

3/5/64

REPORT MADE BY

JOHN E. MC CARTY

CHARACTER OF CASE

INVESTIGATIVE PERIOD

2/24 - 28/64

TYPED BY

jrp

FAG

REFERENCE:

Report of SA JOHN E: MC CARTY dated 2/19/64 at

Minneapolis.

-P-

1511

LEAD

MINNE APOLIS

AT RAPID CITY, SOUTH DAKOTA

W111 maintain contact with United States Attorney

to determine his prosecutive opinion.

- АЖ -

COVER PAGE

411/6tmP

ti5)

4.

APPROVED

ECIAL AGEN

& CHARC

COPIES MADE:

4) - Bureau

1 - USA, Sioux Falls

2 - Minneapolis (46-2614)

DO NOT WRITE IN SPACES BELOW

1: 14110116

REC-6

AGENCY..

REQUEST RECD.

DATE FWD..

HOW FWD.

BY..

NW 68262 Docld:32989685 Page 571

DISSEMINATION RECORD OF ATTACHED REPORT

Vac72110.-

24%

-...

NOTATIONS

і :

0-10-4.: 44

V.S. GOVERMMENT PRINTING OFFICE 10-70324-1

---

## Page 572

FID 1201 (Rev. 3-3-58)

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

Copy to:

1 - USA, Sioux Falls

Report of:

JOHN E, MC CARTY

Date:

3/5/64

Field Office File No.

46-2614

Title:

CHARLES EDHARD HEINTZELMAN, ET AL

Office: Minneapolis, Minnesota

Bureau File No.:

Character:

Synopsis:

FRAUD AGAINST THE GOVERNMENT

ALAN L: WURTZEL advised Oglala Sioux Housing Authority

did request his legal opinion as to disposal of materials

from the housing project, and he advised the Authority

It did have the right to dispose of the property, with

no restrictions.

WUrTZEL exhibited Housing Authority

records reflecting the Authority reaffirmed a previous

action to sell materials at cost to local people.

Records also reilect bids were submitted by Rushville

Lumber Company within specified time. HENRY BLACK ELK,

Jho advised he, as head oi Oglala Sioux Planning

Commission, did request the Housing Authority to make

available materials at cost to local Indians.

RED WING advised he purchased practically all the

cement blocks in building he and RICHARD WILSON jointly

own from Gordon, Nebraska and not from the housing

project. VINCENT BREWER states no one ever gave him

the authority to dispose of materials from the project.

-P-

DETAILS: AT RAPID CITY, SOUTH DAKOTA

This document contains neither recommendations nor conclusions of the FBI. It is the property of the FBI and is loaned to your agency; it an

NW 68262 Docld:32989685 Page 572

its contents are not to be distributed outside your agenes

---

## Page 573

FD-302 (Rev. 1-25-60)

FEDERAL BUREAU OF INVESTIG/S

IN

Date.

3/5/64

ALAN L. WURTZEL contacted Special Agent JOHN E. MC CARTY

and advised he is with the law firm of Strasser, Spiegelberg,

Fried, Frank, and Kampelman of Washington, D. C. which firm

represents the Oglala Sioux Tribe, and the various agencies of

that tribe, including the Oglala Sloux Housing Authority.

Mr. WURTZEL advised he had helped to draw up the contracts

involved in setting up the Housing Authority, and in obtaining

Public Housing Administration assistance in building homes on

the fine Ridge Reservation.

He stated the Housing Authority had on one occasion

requested his legal opinion as to whether it could sell materials

from the project to local Indians at cost, to aid them in repairing,

improving, or adding to their homes. He stated it is his opinion

that under the Annual Contributions Contract, Section 308, the

Housing Authority does have this right, and he so informed the

Authority.

It was his understanding at that time that the

Housing Authority had been selling such materials, and that it

was just checking with him for a legal opinion.

He pointed out

there were no restrictions on the sales, and while there may

have been poor administrative practices followed in selling and

collecting for the materials, he is quite sura there is nothing

more serious than this involved.

wUrTZEL said the architectural firms of Evans

Lucas and Craig and Brooks were dismissed by the Housing Authority,

after the firms had failed to meet the requirements of their

contracts, such as regular inspection of the project. Also the

firms recommended costly

materials which were completely out

of line with the type of project planned and the lunds available.

He stated the Public Housing Administration stated

it would not put anything further into the project unless a change

was made in the Executive Director, then VINCENT BREWER. This

was because EREWER was very weak in office procedures.

As a

result an effort was made to have someone work with BREWER.

BREWER became quite upset and quit his job. He said he knows

BREWER has been quite bitter towards the Public Housing Adminis-

tration, the local Housing Authority, and he himself because

of this.

Оп -

2/24/64

-'at

Rapid City, South Dakota

_ File # Minneapolis 46-2614

SA JOHN E. MC CARTY/ jrp

_ Date dictated

2/23/64

This document contains neither recommendations nor conclusions of the FBI. It is the property of the FBI and is loaned to

your agency; It and its contents are not to be distributed outside your agency.

- 2 -

NW 68262 Docld:32989685 Page 573

---

## Page 574

MP

46-2614

WURTZEL said Public Housing Acministration auditors

regularly inspect and review the contracts let on the project,

and to date have had no indication of any irregularities involved.

He advised he knows the local Authority did delegate

Mr. HEINTZELMAN the authority to let bids and in general to

build the project. He said he also knows HCINTZELMAN frequently

did discuss proposed changes of any significance with the Authority

members.

He pointed out there has been some dissension about

the project from labor unions and contractors as it is a "Force

Account" project.

However, he said, the project is being completed

with substantially less money than originally planned on.

Mr. WUrTZEL stated that from his own knowledge, and

information he has received, he knows HEINTZELMAN has used

materials in the project which are equal to or better than those

He said it appears to him that HEINTZELMAN has done

a very good job under very trying circumstances, and that while

there may be cause for complaint as to office or administrative

procedures and laxity he can not see where there is anything more

serious involved.

He pointed out his interest is in protecting

the tribal interests, and in his opinion the tribe, and the

government, have not suifered any loss in any way.

NW 68262 Docld:32989685 Page 574

---

## Page 575

FD:302 (Rev. 1-25-60)

FEDERAL BUREAU OF INVESTIGE

)N

Date _

3/5/64

ALAN L. WURTZEL requested Special Agant JOHN E. MC CARTY

contact him at the office of the local Housing Authority, which

was done.

Mr. WURTZEL advised records of the office reflect the

bids submitted by the Rushville Lumber Company were submitted

within the specified time.

There is nothing in the bids requiring

they be opened'at a specified time

or date. He pointed out that

on dimension lumber on SD 1-3, the Rushville Lumber Company

received the bid, being $200 under the next bidder. On nails

the Company was

in about the middle of bids submitted, and

did not get the bid.

On concrete blocks it was the lowest of

On roofing materials the

However, the lowest bidder would only deliver in carload lots,

and would not guarantee the price over six months. Because

Rushville Lumber guaranteed the price,

and would deliver in quan-

tities desired, the contract was

awarded to it. On window wells

it was the second highest out of four bidders, and did not get

the contract.

On chimney ilues it was the only bidder or tour

companies contacted, and hence got the bid.

On flooring it was

in the middle of three

bidders, and did not get the contract.

Mr: WURTZEl exhibited a list of changes,

and advised

this list to November 15, 1963 lists each change made in SD 1-2.

changes were discussed by CHARLES HEINTZELMAN with his

superior in the Public Housing Administration Office in Chicago,

with the architect, and, if major changes, were discussed with

the local Authority members, before the changes were made. He

said he has personally heard HCINTZELHAN discuss many changes

and proposed

actions with either individual Authority members,

or the Authority as a whole at its meetings.

hr. WURTzEL advised that at a Special Meeting of the

Oglala Sioux Housing Authority on February 19, 1964, the

minutes reilect the following:

"Some of the minutes of previous meetings

were mislaid. In one of these minutes, HENRY BLACK

aLK, Planning Commission, made a request that the

Oglala Sioux Housing Authority sell material at cost

to the people in order to avoid slum districts in

On _2/25/64

- at Pine Ridge,

South Dakota File #

Minneapolis 45-2514

SA JOHN E. MC CARTY/ jrD

Date dictated _ 2/28/64

your agony it on ta content are not 1o u diatriod outdo you agony, " to the property of the FBI and la loanad to

NW 68262 Docld:32989685 Page 575

- 4 -

---

## Page 576

HIP

46-2614

"Mr. DALE made a motion we reaffirm the

action taken by the Housing Authority previously

to sell materials at cost to the people for homes or

additions in order to avoid slum districts. Seconded

-by MI. KINGSLEY. Carried."

5

NW 68262 Docld:32989685 Page 576

---

## Page 577

,FD-302 (Rev. 1-25-60)

FEDERAL BUREAU OF INVESTIGA

IN

Date

3/5/64

HENRY BLACK ILR, JR. advised he is the Executive

Director of the Oglala Sioux Planning Commission. He was

placed under oath, and iurnished the following information:

In connection with his job he is required to try to

get rid of slum areas in pine flage, south bakota. the only

way he can do this is to have local people remodel and renovate

their homes, or build new ones. He felt they could do this

themselves, if they could obtain materials at cost.

He then went to the Oglala Sloux Housing Authority

to tho

early in the spring of 1963. At that time he made the suggestion

to the Housing Authority that it sell materials at cost to

local people to use in fixing up or building their homes.

As he recalls no action was taken on his request in

his presence, and he does not know if any action was ever taken

or not on it.

On _ 2/25/64

_ at Pine Ridge, South Dakota

File # Minneapolis 46-2611

by.-

SA JOIN F. MC CARTY/ jrp

_ Date dictated -

2/28/64

You get contin other co not to done to cod lusion you the fly. " is the property of the FBI and l& loaned lo

NW 68262 Docld:32989685 Page 577

---

## Page 578

FD-302 (Rev. 1-25-60)

FEDERAL BUREAU OF INVESTIGA IN

Date.

3/5/64

JAMES RED WING was placed under oath, whereupon he

furnished the following information:

In about October, 1963, he attended a meeting, as a

representative of the puplic health service, with the oglala

At that meeting it was agreed the

Tribe would buy bathroom fixtures and supplios from the

Housing Authority, and resell them to local people for their

own use.

He is on the Board of the Old Age Home, SD 1-2, and has

never had any reason to feel there was anything wrong in the

construction of the home.

He and RICHARD WILSON went together,

and agreed to

build a plumbing shop of concrete blocks,

in Pine Ridge, South

Dakota.

WALLY MEANS erected the block building for him. MEANS

obtained about lilty used and discarded blocks from the

Housing

Project, which were used in his building.

He then purchased

about twenty-two to twenty-three hundred blocks from JOHN MC

GAUHAY, Gordon, Nebraska to be used in erecting the building.

He exhibited four cancelled checks which he advised were used

to pay MC GAUHAY for the blocks he purchased.

RED WING said WILSON told him he could get mortar,

sand, etc. from the project to use in their building, but that

he had to keep a list of the materials he obtained,

and pay

the Housing Authority for it.

He said that as a matter of fact,

they obtained not ever ten dollars worth of building materials

from the project.

On _ 2/25/64

_'at Dine Ridge, SouthDakota File # Minneapolis 16-2611

by SA JOHN I. MC CARY/iD

Date dictatod _ 2/28/54

NW 68262 Docld:32989685 Page 578

-7-

---

## Page 579

FD-302 (Rov. 1-25-60)

FEDERAL BUREAU OF INVESTIGA

IN

Date.

3/5/64

VINCENE BREWIR was reinterviewed under oath and

furnished the following information:s.b;

At no time, while he was Executive Director, did he

ever handle the sale

of materials from the project to anyone,

other than the one instance when he determined WILSON was

taking cement blocks tron the project.

He never attended any meeting at which the Housing

Authority, or anyone else, ever gave him the authority to

dispose of materials fron

the project. He has no knowledge of

the fact the Authority ever decided to dispose of any materials

from the project.

Such an arrangement was discussed occasionally,

but as he recalls it was always decided such a practice would

come under the Self Help Program, which had absolutely nothing

to do with the housing project.

BREWER said he has no knowledge of any agreement between

Public Health Service and the local Housing Authority to allow

people to buy materials from the housing project for use in

constructing bathrooms.

He pointed out this could have occurred

after he left the office.

He advised he has no idea where the missing minutes

might. be.

Atter June, 1962, YVONNE WILSON kept the minutes,

and he

assumes they should be at the project office.

On _

2/27/64

Pine Ridge, South Dakota File # Minneapolis

- 46-2614

by

SA JOHN E. MC CARTY/ j52

Date dictated_ 2/28/64

This deny it cod is colthe ento be at cod lusion you the " Is the property of the FBI and la loaned to

- 37-

NW 68262 Docld:32989685 Page 579

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## Page 580

bion

REPORTING OFFICE

FEDERAL BUREAU OF INVESTIGATION US.

OFFICE OF ORIGIN

INVESTIGATIVE PERIOD

MINNEAPOLIS

MINNEAPOLIS

3/18/64-4/3/64

TITLE OF CASE

DATE

4/7/64

REPORT MADE BY

JOHN E. MC CARTY

CHARACTER OF CASE

TYPED BY

Icv

CHARLES EDWARD HEINTZELMAN,

Inspector, Public Housing

Administration, Pine Ridge,

South Dakota, Indian

Reservation;

RICHARD ALLEN WILSON;

ALBERT DALI

FRAUD AGAINST THE GOVERNMENT

REFERENCE

Minneapolis report of SA JOHN E. MC CARTY dated

3/5/64.

-P-

LEAD

MINNEAPOLIS DIVISION

AT RAPID CITY, SOUTH DAKOTA

Will maintain contact with United States Attorney

to determine prosecutive status of case.

-Аж-

COVER PAGE

APPROVED

COPIES MADE:

nigt

SPEN CHARGENT

4/- Bureau

(46-49746)

I - USA, Stoux falls

2 - Minneapolis (46-2614)

DO NOT WRITE IN SPACES BELOW

2

REC-9

27177747

NO APR 8

1964

DISSEMINATION RECORD OF ATTACHED REPORT

301t: So RAD

NOTATIONS

AGENCY..

REQUEST RECD..

DATE FWD.

HOW FWD.

BY.

6  APR171964)

NW 68262 Docld:32989685 Page 580

U.S. GOVERNMENT PRIMIING OFFICE

10-76324-1

---

## Page 581

st.

FI-201 (Rov. 33-59)

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

Copy to:

Report of:

Date:

Field Office File No.:

Title:

Character:

Synopsis:

I - USA, Sioux Falls

JOHN E. MC CARTY

Office: Minneapolis, Minnesota

April7, 1964

46-2614

Bureau File No.:

46-49746

CHARLES EDWARD HEINIZELMAN,

Inspector, Public Housing Administration,

Pine Ridge, South Dakota, Indian Reservation;

RICHARD ALLEN WILSON;

ALBERT DALE

FRAUD AGAINST THE GOVERNMENT

AUSA PARNELL J. DONOHUS advised this matter being

further considered with a view to possible presentation

to Grand Jury in August, 1964.

-P-

Details:

AT RAPID CITY, SOUTH DAKOTA

By communication received March 18, 1964, Assistant

United States Attorney PARNELL J. DONCHUE advised as folbws:

Reports on the above matter have been reviewed

and considered, especially in the light of the March 5 report

of Special Agent JOHN E. MC CARTY.

This matter is being further considered with a

view to possible presentation to the Grand Jury which meets

in August, 1964.

On March 27, 1964, MI. DONOHUE advised he sees no

need for any further investigation in this matter at this time.

He also advised that as of now he has not yet reached a final

decision as to what prosecutive action might be taken in this

case.

- 17 -

NW 68262-Doc/d-32989685-Pade 581

mmendations nor conclusion a discit its the puparty of the fBI and is loaned to your agency; it an

---

## Page 582

OPTIONAL FORM NO. 10

3010-105-03

MAY 1962 EDITION

GSA GEN. REG. NO. 27

UNITED STATES G

RNMENT

Memorandum

• : Director, FBI (46-49746)

""FROM : SẠC, Minneapolis (46-2614)

(P*)

SUBJECT:

CHARLES EDWARD HEINTZELMAN

Inspector, Public Housing

Administration, Pine Ridge,

South Dakota,

Indian Reservation;

RICHARD ALLEN WILSON;

ALBERT DALE

FAG

"DATE:

5/8/64

Rerep of SA JOHN E. MC CARTY dated 4/7/64

at Minneapolis.

In view of the fact that USA desires no

additional investigation at this time and this matter

is to be presented to a Federal Grand Jury in August,

1964, this case is being placed in a pending inactive

status until August 4, 1964, UACB.

/2, Bureau

2 - Minneapolis

RJM/gsf

(4)

EX-108

2 MAAY 11 1954

amperatis

• .:

AY 2.91832

NW 68262 Docld:32989685 Page 582

--

-=

---

## Page 583

1?

SAC, Minneapolis

(46-2614)

Director, FBE (16-49746)

CHARLES ROYARD HENZEAN, I ALi

FAG

May 11, 1964

•1DP6-6.

see ties oli

5-20-54

?: "

Reurrep 4/7/64.

Berep Indicated that the AUSA aad not reached a

final decision as to prosecutive action, but previously

had indicated that it might be considered for presentation

t0 a Federal Grand Jury in August, 1964.

If not already done, contact AUSA and attempt

to obtain a definite decision

3 30 prosecution in this case.

Il prosecution will be considered, also determine earliest

date it will be schedaled for Grand Jury or prosecutive

proceediags.

Eurep within ten days fron receipt of this

communication.

re

CWL:cadf

(4)

PREC 20

46-49746-9

19 MAY 12 1964

i...:

....

Tolson

Belmont

Mohr

Casper

Callahan

Conrad

DeLoach .

Evans _

Gale -

Rosen .

Sullivan .

Tavel

Trotter A

Tele. Roong

- MAY 18:362

NUV 68262-Docld:32989885-PageL583PE UNIT _

---

## Page 584

FD-263 (Rev. 5-1-59)

FEDERAL BUREAU OF INVESTIGATION:

REPORTING OFFICE

MINNEAPOLIS

OFFICE OF ORIGIN

MINNEAPOLIS

DATE

INVESTIGATIVE PERIOD

5/20/64

5/18/64

TITLE OF CASE

REPORT MADE BY

JOHN E. MC CARTY

CHARLES EDWARD HEINTZELMAN

CHARACTER OF CASE

Inspector, Public Housing

Administration, Pine Ridge,

South Dakota,

Indian

FAG

Reservation;

RICHARD ALLEN WILSON;

ALBERT DALE

RETERENCES: Minneapolis repat of SA JOHN E. MC CARTY,

dated 4/7/64.

Minneapolis letter to Bureau, dated 5/8/64.

Bureau letter to Minneapolis, dated 5/11/64.

-P-

11

TYPED BY

MAP

LEAD

MINNEAPOLIS

AT RAPID CITY, SOUTH DAKOTA

Will recontact U.S. Attorney about 7/1/64,

to determine status of prosecutive action in this case.

-A*-

COVER PAGE

SPECIAL AGENT

APPROVED

COPIES MADE:

4) - Bureau (46-49746)

USA, Sioux

Falls

2

Minneapolis (46-2614)

DO NOT WRITE IN SPACES BELOW

ci

10

REGE 16

18 MAY 22 1994

DISSEMINATION RECORD OF ATTACHED REPORT

NOTATIONS

AGENCY_..

REQUEST RECD.

DATE FWD.

HOW FWD.

BY--.

MW 6826 Bocid: 2989885 pa584

U.S. GOVERNMENT PRINTING OFFICE

Dive

Yessafe

18-76324-1

Pa los

---

## Page 585

0%301 (Rer, 3-3-50)

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

Copy to:

1 - USA, Sioux Falls

Report of:

Date:

Field Office File No.:

Title:

JOHN E.. MC CARTY

5/20/64

46-2614

Office:

Minneapolis,

Minnesota

Bureau File No.:

46-49746

CHARLES EDWARD HEINTZELMAN

Inspector, Public Housing Administration.

Pine Ridge, South Dakota, Indian Reservation:

RICHARD ALLEN WILSON;

ALBERT DALE

Character:

FRAUD AGAINST THE GOVERNMENT

Synopsis:

United States Attorney advised his office has

reached no definite prosecutive decision in this

matter, and requested he be recontacted about

July 1

, 1904, for such a decision. Advised case.

if It is presented to Federal Grand Jury, will be

presented at the August, 1964, term of Federal

Grand Jury at Aberdeen, South Dakota.

-P-

DETAILS: AT RAPID CITY, SOUTH DAKOTA

On May 18, 1964, United States Attorney HAROLD

C. DOYLE advised that as of now his office has reached

no definite prosecutive decision in this case.

DoYle advised that due to the pressure of court terms.

ne will be unable to give an opinion at this time, bui

requested he be recontacted about July 1, 1964, for his

prosecutive opinions.

Mr. DOYLE said that if this case is presented

to a federal Grand Jury, it will be presented at the

August, 1964, term of Federal Grand Jury at Aberdeen,

South Dakota.

- 1*-

This document contains neither recommendations nor conclusions of the FBI. It is the property of the FBI and is loaned to your agency; it an

NW 68262 Docld:32989685 Page 585

its contents are not to be distributed outside your agency

---

## Page 586

OPTIONAL FORM NO. 10

5010-106-03

MAY 1962 EDITION

GSA GEN. REG. NO. 27

UNITED STATES "

RNMENT

Memorandum

19

TO

:

DIRECTOR, FBI (46-49746)

DATE: July 13, 1964

FROM :

SAC, MINNEAPOLIS (46-2614) (P)

SUBJECT:

CHARLES EDWARD HEINTZELMAN

ET AL

FAG

Re Bureau letter dated July 8, 1964.

on July 10, 1964, Assistant United States Attorney

PARNELL J. DONOHUE departed on two weeks leave. Upon his

return, contact will be made with DONOHUE to ascertain prosecutive

action contemplated.

- Ramsa

Minneapolis

RGF : dmp

(4)

REC- 56

4;T-X3

1: 12

8 JUL 14,964

F 4. MIL 231954

NW 68262 Docld:32989685 Page 586

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## Page 587

FD 263 (Rev. 5-1-59)

FEDERAL. BUREAU OF INSTIGATION

REPORTING OFFICE

MINNEAPOLIS

OFFICE OF ORIGIN

MINNEAPOLIS

TITLE OF CASE

CHARLES EDWARD HE INTZELMAN

Inspector, Public Housing AdministratiSHARACTER OF CASE

Pine Ridge, South Dakota Indian

Reservation;

DATE

7/22/64

REPORT MADE BY

JOHN E. MC CARTY

FAG

INVESTIGATIVE PERIOD

7/10-20/64

RICHARD ALLEN WILSON;:

ALBERT DALE

TYPED BY

dmb

REFERENCE:

Minneapolis report of SA JOHN E. MC CARTY dated 5/20/64.

Minneapolis letter to Bureau dated 7/13/64.

LIBAD

MINNEAPOLIS

RAPID CITY, SOUTH DAKOTA

Will follow presentation of case to Federal Grand

Jury in August, 1964.

APPROVED

COPIES MADE:

- A* -

COVER PAGE

PECIAL AGEN

• CHARC

- Bureau (46-49746)

— USA, Sioux Falls

2 - Minneapolis (46-2614)

DO NOT WRITE IN SPACES BELOW

REC 14

ĐX 11°

T8 JUL 24 1964

-ICE

DISSEMINATION RECORD OF ATTACHED REPORT :..

AGENCY_..

REQUEST RECD.

DATE FWD. _

HOW FWD.

BY-.

14.4

5 - 4-644

MW 6826S6oddidA32,8%685 Page 587

NOTATIONS

STAT

U.S. GOVERHHENT PRINTING OFFICE

16-70324-1

---

## Page 588

- "TD-201 (Rex. 3-3-59)

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

Copy to:

1 - USA, Sioux Falls

Report of: JOHN E, MC CARTY

Date:

7/22/64

Field Office File No: 46-2614

Title:

Office: Minneapolis, Minnesota

Bureau File No.:

46-49746

CHARLES EDWARD HEINTZELMAN

Inspector, Public Housing Administration,

Pine Ridge, South Dakota Indian Reservation;

RICHARD ALLEN WILSON;

Character: ALBERT DALE

FRAUD AGAINST THE GOVERNMENT

Synopsisi United States Attorney advised case to be presented to Federal

Grand Jury in Aberdeen, South Dakota, in August, 1964.

-P-

DETAILS: AT RAPID CITY, SOUTH DAKOTA

On July 20, 1964, United States Attorney HAROLD C.

DOYLE advised he intends to present this case to a Federal

Grand Jury at Aberdeen, South Dakota, in August, 1964.

-1*-

NW 68262 dound 2986 he ge amendatin not conclusion do distributed our the u are of the TX and is loaned to your agency; it and

its contents nre not to be distributed outside your agency.

---

## Page 589

HOUSING AND HOME FINANÉE AGENCY

OFFICE OF THE ADMINISTRATOR

WASHINGTON, D.C. 20410

Federal Housing Administration

Public Housing Administration

Federal National Morigage Association

Community Facilities Administration

Urban Renewal Administration

9/3/611

2-14

Date

To

from

Subject:

JUL 2 7 1964

John Edgar Hoover, Director

Federal Bureau of Investigation

Department of Justice

Washington, D. C. 20535

nip

Carl V. Ramey

Director, Compliance Division

ora,

Heintzelman, Charles E. - Construction Engineer - PHA

Pine Ridge, South Dakota, et al

Bureau File: 46-49746

Our File PH 4 - 537

In requesting an investigation by this Division of allegations of wage

rate violations by the Oglala Sioux Housing Authority in connection with

the construction work at Pine Ridge, South Dakota, the Public Housing

Administration furnished certain material, some of which contained

'information that might be of interest to your Bureau in connection with

"its investigation, "Charles Edwara Heintzelman, Inspector, Public Housing

Indian Reservation; Richard Allen

39-JUL 28-1964

PROC®

following:

Affidavit by Walter Means dated June 11, 1964

•Alfidavit by Bernarde Beau dated June 11, 1964

This Division will, of course, investigate the wage rate allegations (only).

Enclosures

REC- 95/

14

MP Ma

jie,

14

6 JUL 28 1964

Estates

-NW. 682621

O A.

thy

Docld:32989685 Page 589

---

## Page 590

F'D-263 (Rer 5-1-59)

82

* FEDERAL BUREAU OF INVESTIGATION

REPORTING OFFICE

MINNEAPOLIS

TITLE OF CASE

OFFICE OF ORIGIN

MINNEAPOLIS

CHARLES EDWARD FEINTZELMAN,

Indian Reservation;

RICHARD ALLEN WILSON;

ALBERT DALE

DATE

9/3/64

REPORT MADE BY

JOHN E. MC CARTY

CHARACTER OF CASE

FAG

| INVESTIGATIVE PERIOD

7/30 - 8/27/64

TYPED BY

ViV

REFERENCE:

Minneapolis report of SA JOHN E. MC CARTY dated

7/22/64.

-C-

APPROVED

COPIES MADE? Y

4-Bureau (46-49746)

I-USA, Sioux Falls

2-Minneapolis (46-2614)

SPECIAL AGENT

IN CHARGE

-A*-

COVER PAGE

4:-

18 SEP 8 1564

DO NOT WRITE IN SPACES BELOW

:15

REC- 31

E4-108

DISSEMINATION RECORD OF ATTACHED REPORT

NOTATIONS

AGENCY

REQUEST RECD.

DATE FWD. _..

HOW FWD.

LAL:

12/0-6

BY.

SL: 2 11964

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U.5, GOVERNHENT PRINTING OFFICE 10-78325-1

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D-201 (ROr. 3350)

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

Copy to:

I - USA, Sioux Falls

Report of:

Date:

Title:

JOHN E. IC CARTY

Office: Minneapolis, Minnesot:

Sepamber 3, 1964

Field Office File No.: 46-2614

Bureau File No.: 46-49746

CHARLES EDYARD EEINTZELAN,

Inspector, Public Housing Administration,

Pine Ridge, South Dakota Indian Reservation

RICHARD ALLEN WILSON

ALBERT DALE

Character:

FRAUD AGAINST THE GOVERNIENT

Synopsis:

Copies of statements of BERNARD LE BEAU and WALTON

MEANS received from Housing and Home Finance Agency

and set forth. Case presented to Federal Grand Jury

8/20/64 and "No Bill" returned.

-C-

DETAILS:

AT RAPID CITY, SOUTH DAKOTA

By communication received July 30, 1964, the

Bureau forwarded the following copies of statements

Of HALTON WEANS and BERNARD LE BEAU, Which had been

received from the Housing and Home Finance Agency:

NW 68262 Doeld:32989685tPager59pdations nor conclusions of the FBI. It is the property of the FBI and is loaned to your agency; it and

ils contents are not to be distributed outside your agency.

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HP 46-2614

"STATE OF South Dakota

"COUNTY OF Pennington

SS

"I,. Halton Means, of Pine Ridge, South Dakota being

first duly sworn upon oath deposes and says tha: I am thirty

nine years old, and I have worked at various kinds of work in

my life, however I spent four years at a trade school learn

ing to be a bricklayer.

'I was employed on the Oglala Sioux Housing Project

In september 1963 and laid off in December of 1963. I was

hired through an interview with Mr. Heintzelman as a brick-

layer, however,

I was never paid over $3.50 an hour and the

scale was $4.00.

"previous to my termination, Mr. Keith, one of the

Housing Board members, asked me if I had first knowledge of

Mr. Richard Wilson, plumbing supervisor and husband of the

current executive Director, being drunk on the job for several

days, and leaving the job for considerable lengths of time,

making trips to neighboring towns to obtain more booze. I

said I had observed this and he asked me to give him a signed

affidavit, which I did. Later I went to the Housing office to

ask hi. Heintzelman for a job.

Mr. Heintzelman took a very

olligerent attatudo,

said I noticed you signed a statement

about Wilson, I can't use men like you, and get out o1 this

office. I told him I resented his attitude and left.

"During my employment, I borrowed $200.00 from the

Stockman's National Bank of Rushville, Nebraska through Mr..

Albert Dale, President of the bank and a member of the Oglala

Sioux Housing Authority Board. On pay day, my Housing Authority

check was retained by Mr. Dale, I did not sign it, or even see

it, but would received a check from the bank for my wages from

which had been deducted the payment on my loan,

and the Housing

Authority check stub.

It is my observation that all or practically

all of the workmen borrowed money from the bank through Mr. Dale

at various times. It is my opinion that the status of these

loans influenced

the retention on the job.

"The afor mentioned Mr. Richard Wilson, who was

plumbing supervisor for the Housing Authority and whose wife:

is Executive Director, gave myself and Earl Deon Jr. & Saturday

and Sunday job

to build a plunbing shop for him, which ve

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MP 46-2614

"proceeded to do. Mr. Filson instructed us that we should

take the material from the elderly housing job and this had

been cleared with Mr. Heintzelman. He, therefore, took the

building blocks, etcetra from the elderly job, and used them

We naturally thought this

was all right, in as much as hir. Wilson's wife is Executive

Mr.. Wilson agreed to pay us 15¢ a block. We had

a very difficult time getting our money from Mr. Wilson, and

of course he is the same party that me signed the statement

that made Mr. Heintzelman mad at me and refuse to to

re-employ me.

"On the elderly home, when the block work was con-

pleted, I was switched to metal lathing, and put in all the

1ath in 22 bathrooms.

When this was completed, I applied

for the plastering and tile setting work, but was told that

this work was contracted.

I went to the office and asked if

It was contracted, was told that it was, but they would not

let me see the contract without a court

order.

The Housing

Authority requested two tile setters from the Employment

Office, and the Employment Office gave ue a card for one of

these jobs, but when I took it to the man in charge of the

tile setting, he refused to accept me, saying it would cut him

out of work.

"There are a great many rumors about Oglala Sioux

Housing material being used on private work by those tho

are "on the in" with Hr. Heintzelman.

for example, concurrently with his work on the elderly housing,

wired the Mormon Church

and a private home near White Clay,

Nebraska.

It is commonly understood that the material for

chese jobs came oil the elderly home job. To my knowledge,

hr. Richard Wilson, plumbing foreman, did several jobs witt

aterial from the Housing project, including the buildin

hich I worked on on Saturdays and Sundays. He showed me ;

contract for $1, 500.00 which he had for plumbing on a private

nome, the game one spoken of above for the electrician, and

to my knowledge, Mr. Wilson took the material off the elderly

housing job.

"Date this Eleventh

day of June

_, 1964.

Halton Means

"Subscribed and sworn to before me this eleventh

day of June

-, 1964.

" James M. Brink

Notary Public

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MP

46-2614

"STATE OF

"COUNTY OF

SOUTR DAKOTA

PENNINGTON

-

poses and gays that:

"I, Bernard LeBeau was employed as Carpenter Fore-

man for the Oglala Sioux Housing Construction from June 1963

to November 1963 at which time I was injured and spent a

month in the hospital.

I returned to work as a carpenter

February 1964 and have been laid off several times from that

date until now.

During my employment on several occasions, I

obtained a loan from Stockman's National Bank, Rushville,

Nebraska thru Mr. Albert Dale who is Bank President and also

Treasurer of the Oglala Sioux Housing Authority. During the

period when I owed the bank, I would not receive my pay check

from the Housing Authority, would not see it and of course

not sign it.

It would be cashed by Mr. Ble and 1 would re-

ceive a check stub from the bank and the banks check for the

balance,

When the final payment was made,

I would receive

the check stub, the banks check for the balance of my wages.

and the note which I had signed.

It is my observation that

all or practically all workmen on the housing project at

times,

had loans from Mr. Dale's bank.

It is my opinion

the status of your employment and retention of employ-

ment was influenced by the status of these loans.

At the time

I was injured and entered the hospital November 1963, I owed

approximately $400.00 to the bank on a note. After my return

to work in February of 1964, there were pay periods in which

Mr. Dale took the entire amount and I never saw my pay check

from the Housing Authority or any othor check.

When in the

hospital my wife was given $120.00 by the Housing Authority

and it was

labeled "advanced payment". Mr. Hentzman at one

however, lT.

Dale took this payment out of my check in addition to his

bank payment and as soon as I finished paying both of these

1 was immediately terminated. It is well known I am

a qualified skilled carpenter, capable of doing finish and trim

work in addition to all other phases of the trade. On two

occasions after I returned to work and received no check at

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MP

46-2614

"all, and I was told the time was not turned in. One week

it involved one day's pay and the other week it involved a

day and a half.

"There are many things I do not understand about

the practices of the Housing Authority. For example, about

July 1963, I, with three other workmen, was sent to build

an addition on a privately built home.

The material used

was from the Housing Authority stock pile and I was paid

along with the others by the Housing Authority. I was in-

structed to do this by ir. Tyler, superintendent and in

another instance, an addition was built by Housing Authority

personnel and material on orders of Mr. Tyler, and I under-

stand fir. Tyler instructed the man it would cost $1,000.00.

I worked on this job and was paid for my labor with a Housing

Authority check.

"Dated this

11th

day of June

, 1964.

"Bernard LeBeau

"Subscribed and sworn to besore me this lith day of June

"James M. Brink

Notary Public

On August 20, 1964, fact concerning this case

were presented to a Federal Grand Jury at Aberdeen, South

Dakota.

By communication dated August 24, 1964, United

States Attorney HAROLD C. DOYLE advised the Federal Grand

Jury had returned a "No Bill" and that his office had closed

his file on this case.

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