Gilliland pleads not guilty to embezzlement, fraud charges

BY WILL CHAVEZ

Assistant Editor – @cp_wchavez

About the Author

WILL CHAVEZ

WILL-CHAVEZ@cherokee.org  918-207-3961 Will Chavez is a Cherokee/San Felipe Pueblo Indian who has worked in the newspaper and public relations field for 25 years. During that time he has performed public relations work for the Cherokee Nation and has been a writer, reporter and photographer for the Cherokee Advocate and Cherokee Phoenix newspapers. For many years h ...

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TAHLEQUAH, Okla. – Former Cherokee Nation Foundation Director Kimberlie Gilliland pleaded not guilty to alleged embezzlement and fraud during an Aug. 12 hearing in the tribe’s District Court.According to court documents, Gilliland is also requesting a jury trial and was released on her own recognizance. She did not appear in court, but her attorney, former Principal Chief Chad Smith, appeared on her behalf.District Judge Bart Fite agreed to a jury trial and required no bond be set for Gilliland. A date for the trial was not set. An Aug. 12 court document signed by CN Prosecutor Diane Hammons, Smith and Fite states the CN “did not object to releasing her on her personal recognizance.”“The court arraigns defendant upon her waiving the reading of the charges the Cherokee Nation brings against her,” the document states.It also states Gilliland was advised of her constitutional and statutory rights. Through her attorney she reserved further time to file motions and entered a not guilty plea.After a two-year investigation, the CN attorney general’s office filed criminal charges on July 28 against Gilliland alleging embezzlement and fraud during her nearly four-year stint as CNF director. The CNF is a nonprofit corporation created under CN bylaws to put more Cherokee students through college with scholarship opportunities.The case is one of two filed against Gilliland, a CN citizen, in the District Court. On July 27, CNF attorney Ralph Keen II filed a civil suit asking for more than $1 million.In the criminal case, the prosecution is seeking jail time and fines. The nine counts listed in the complaint involve irregularities in Gilliland’s travel, spending and purchasing of equipment for the CNF office.On Aug. 5, Smith filed a motion seeking the production of material and information in possession or control of members of the prosecution; any information in the possession of law enforcement agencies that regularly report to the prosecution; any information in the possession of law enforcement agencies that regularly report to the prosecution with reference to the particular case, including reports and referrals to the FBI or the Bureau of Indian Affairs.Smith is requesting witness information; defendants statements and documents; law enforcement reports and documents; documents such as receipts, credit card statements, books, papers, written statements, letters, photographs, tapes and films; defendants’ rap sheets; witnesses’ rap sheets; and exculpatory material that tends to negate the guilt of the accused as to the offense charged or that would tend to reduce the punishment of the accused.Smith is also asking for sworn and unsworn statements; witnesses’ statements; for the CN to identify any promises of leniency or offers of leniency made to witnesses, co-defendants or confidential informants; payments to witnesses for information; “bad acts material” relating to the arrests and/or convictions of confidential informants or witnesses; and expert records like forensic accounting and/or audits.In a previous statement, Gilliland said the two cases are “baseless” and the CN should expect a countersuit. She added that the only basis for the CN’s actions is because she “supported a candidate other than Bill John Baker in past elections.”She also claims the FBI and federal investigators rejected the CN’s claims against her, which is why the matter is being handled in the District Court.Attorney General Todd Hembree said the case was filed in District Court because his office “respects the sovereignty of the tribal courts,” and a CN citizen allegedly committed the crimes within the tribe’s jurisdiction. In response to Gilliland’s statement about the FBI or federal investigators rejecting the case, Hembree said the tribe has jurisdiction in the case and that is why his office is prosecuting it.“The appropriate place would be the Cherokee Nation District Court,” Hembree said. “We knew there would be political allegations in this case when it was filed. We were cognizant of that, so to eliminate any semblance of politicization of this matter, we appointed a special prosecutor, one that is outside of this office, one who is beyond reproach, who is the former attorney general of the Cherokee Nation appointed by the previous administration that has impeccable qualifications.”