Justice in Indian Country: When the Feds Get It Wrong
Most people think corruption and fraud cases in Indian Country are about bad actors stealing money or abusing power. But often, they begin with something much simpler — an honest mistake.
I’ve seen it from both sides. When I was a federal prosecutor, I handled cases involving tribal governments and federally funded programs. Now, as a defense attorney, I represent people and tribes accused of the same types of crimes I used to prosecute. That perspective has taught me one thing clearly: sometimes the federal government gets it wrong.
How Innocent Mistakes Become Federal Cases
In Indian Country, small errors can take on a life of their own.
A missing receipt. An unclear audit entry. A misunderstood policy.
Here’s how it usually happens:
A tribal program receives federal funding.
An audit flags something that looks unusual.
That audit report gets sent to a federal agency or the Office of Inspector General.
An investigation opens — often before anyone from the tribe is asked to explain.
By the time the case reaches the U.S. Attorney’s Office, the story has already been written. A paperwork error becomes “misuse of funds.” A grant compliance issue becomes “fraud.” Intent is assumed.
But in my experience, the reality is rarely that simple. Most of these cases start with confusion, not corruption.
When Politics and Perception Take Over
Sometimes, the problem isn’t the evidence. It’s the motivation behind the case.
Federal investigations in Indian Country don’t always start because of criminal activity — sometimes they start because of politics. A leadership change, a rivalry within a tribal council, or tension between a tribe and a federal agency can lead to complaints that end up in the hands of investigators.
And once those complaints reach the federal system, they take on momentum of their own. Even when the evidence is weak, prosecutors may move forward to “send a message” or justify the time already spent investigating.
It’s an uncomfortable truth, but one that many in Indian Country already know: sometimes prosecution isn’t about justice — it’s about control, power, or perception.
Selective Prosecution in Indian Country
Selective prosecution happens when two people commit similar acts, but only one is charged — usually the one who lacks political protection or federal favor.
I’ve seen this pattern play out. Some tribal programs get warnings and opportunities to correct their mistakes. Others get subpoenas and indictments. The difference often has less to do with conduct than with who is watching and who benefits from the prosecution.
This kind of inconsistency undermines trust and creates a chilling effect in tribal governance. Leaders begin to wonder if ordinary decisions might someday be used against them.
Defending When the Government Gets It Wrong
Defending these cases means more than challenging evidence — it means re-telling the story.
It means showing how grant reporting works in practice, how programs are staffed and managed, and how the so-called “missing funds” were often spent exactly as intended. It means cross-examining auditors who’ve never set foot on tribal land but are quick to assume criminal intent.
For defendants, the process itself becomes the punishment. Federal cases drag on for years. Careers and reputations are destroyed long before a jury ever hears the facts.
Reform and Accountability
When the federal government gets it wrong in Indian Country, the damage is deep and lasting. It discourages cooperation. It undermines sovereignty. And it reinforces the old narrative that tribes cannot be trusted to govern themselves — a notion that federal Indian law has spent generations trying to undo.
Fixing it requires more than dismissing a few bad cases. It requires structural reform:
Training federal investigators and auditors to understand tribal governance and cultural context.
Increasing transparency when federal agencies refer tribal matters for prosecution.
Supporting tribal courts and justice systems, so accountability doesn’t always have to mean federal control.
Justice in Indian Country should be built on respect, fairness, and understanding — not fear or overreach.
Final Reflection
I’ve prosecuted these cases. I’ve defended them. And I’ve lived through the system myself.
When the federal government gets it wrong, the harm extends beyond the accused — it ripples through families, communities, and tribes. But when we name those failures and push for accountability, we move closer to a system that truly honors both justice and sovereignty.
Written by Courtney R. Jordan, former federal prosecutor and criminal defense attorney practicing in Indian Country.