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Leon Bear learns his fate today
This is an archived article that was published on sltrib.com in 2005, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

A federal judge is to decide today whether the leader of the Skull Valley Goshute tribe goes to jail.

Leon D. Bear, 49, has pleaded guilty to a single charge of cheating on his taxes, but his critics in the tiny American Indian band say that no matter what the sentence, he still must answer to his people in an election.

"He should be held accountable for all of his actions," said tribal member Russell Allen.

Allen and other Skull Valley Goshutes have long accused Bear of fleecing funds from tribal ventures, including a project to store up to 4,000 containers of depleted nuclear-plant fuel on the reservation about 45 miles southwest of Salt Lake City.

The critics have gone to federal agencies and the courts in hopes of ousting Bear, and the state of Utah, which opposes the nuclear waste project, has assisted with hundreds of thousands of dollars in legal fees. So far, the opponents have failed to block the multibillion-dollar venture.

The U.S. Nuclear Regulatory Commission could approve the license this summer.

Bear did not respond to a call seeking comment on the upcoming sentencing.

However, Skull Valley Band attorney Scott York said the judge's decision today may help end the turmoil in the tribe. He noted that Bear admitted guilt to a tax charge, not embezzling tribal funds as alleged in three of the indictment's original counts.

In an April plea agreement, the corruption charges pertaining to $160,952 in tribal funds were dropped, along with two tax-fraud charges.

In exchange, Bear pleaded guilty to filing a false tax return for reporting to the IRS he was unemployed when he actually had $67,168 in income from the tribe. He agreed to pay more than $44,000, which includes $13,000 in back taxes and $25,242 to the tribe in restitution for duplicate stipends he received.

Prosecutors said they would recommend penalties on the lower end of federal sentencing guidelines. Those guidelines suggest up to three years in jail, a $100,000 fine and a year of supervised release.

"It really has nothing to do with his actions as tribal chairman," York said, "so I think most [Skull Valley] members think it doesn't really matter."

York said Bear "bit the bullet" in accepting the deal so the tribe could move forward with projects that will mean more jobs, improved housing and economic development opportunities.

"Poor Leon and [Vice Chairwoman] Lori [Skiby] have a huge amount of work to do, and this has been a huge distraction," York said.

It seems unlikely, though, that the pressure on the Skull Valley Goshutes will ease anytime soon. Bear's and Skiby's terms ended in November, and two efforts at holding a new election have failed.

Bear's critics say the chairman derailed the elections by ending the meetings before a quorum could assemble. York countered: "You just can't hold an election in the middle of a fistfight."

Meanwhile, several tribal members who thought they had won an election in 2001 were charged with stealing federal funds after banks released money to the would-be Executive Committee members. Two face criminal trial in September. The third faces sentencing next month under a plea agreement.

In addition, Bear critic Margene Bullcreek recently renewed her fight to end the infighting. She and five other Goshutes filed a federal suit in March that would force the federal government to block the waste project and back a new election.

"I'm not going to let up on him," said Bullcreek, who hopes to read a statement at Bear's sentencing.

"He's a felon, and he still says [to tribal members] nothing is going on."

It is not clear what might happen with the tribe's support for the waste project if Bear is ousted. Although some Goshutes oppose the project altogether, others have objected only to Bear's handling of it, and some support it because of the revenue it generates for tribal members.

Also planning to attend the sentencing are Rex and Mary Allen, the brother and sister who signed the initial agreement for the waste facility with Bear in 1997. Now Bear opponents, they would have testified against Bear had the case gone to trial.

Rex Allen, who asserts he still holds the title of tribal secretary, hopes U.S. District Judge Bruce Jenkins imposes a harsh sentence, he said, "not a slap on the wrist," so Bear "can have time to think about what he has done to his people."

Mary Allen said she hoped Jenkins "thinks of tribal members" as he decides Bear's punishment.

fahys@sltrib.com

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