By Angel Ellis, Editorial Assistant, MNN and Lee Longhorn, MNN Intern

On Friday, June 4, 2010 Muscogee (Creek) Nation District Court Judge Patrick E. Moore granted injunctive relief for CV 2010-51, in the Plaintiff A.D. Ellis in his official capacity as Principal Chief of the Muscogee (Creek) Nation sought permanent injunction from Henry Harjo, Dean Hughes, Brett Thomas and Ronnie West, former members of the Muscogee (Creek) Nation Trade and Commerce Authority Board.

The MCN District Court heard arguments from Rod Wiemer and Timothy Posey, council for the Principal Chief and Muscogee (Creek) Nation Attorney General Roger Wiley, representing T&CA Board. The proceedings reviewed the forensic audit report prepared by David W. Jansen and Glenn A. Eddleman.

Eddleman, a CPA, CFE, and CFI for Curzon, Cumbey, Kunke Strategies, took the stand offering his testimony on the audit report, which he prepared.  He gave a brief of the method used to generate the report and an explanation of the findings.

Eddleman’s testimony reflected mismanagement of funds, abuse of company credit cards, conflicts of interest and excessive travel for purposes other than Trade and Commerce Authority business.

According to Eddleman, former T&CA CEO Michael Wisner took numerous trips to Ill., where he may have been funding the set up of personal business ventures and pursuing personal interests with T & CA funds.

Listed in the audit reports under the advertising, promotions and donations sections were expenses for a skybox at the Spirit Bank Event Center in the amount of $99,000, which was paid over the course of a two-year period. Other examples cited by Eddleman, included investments with Leadership Properties, LLC, 9100 Garnett Associates and Richmond China Media LP Investment. According the records reviewed by Eddleman, these investments, “held no defined return for T&CA.”

Eddleman pointed out that many of these decisions regarding travel and investments were not only Wisner’s but were also supported by T&CA Board, which voted without an established quorum on numerous occasions.

The incomplete board operated for approximately 10-12 months, until the addition of Brett Thomas, at which time they attempted to ratify their previous meeting minutes and re-voted on monies already expended.

The salaries and bonuses for the CEO also came under fire when Eddleman pointed out that Wisner was entitled to 100 percent of the equivalent of his salary in the form of a bonus if the T&CA gained only five percent in profitability. While T&CA did increase net income, it also increased payout.  According to Eddleman, the fact that T&CA spent more money than was brought in, made questionable the validity of Wisner’s bonus.

Wiley cross-examined Eddleman and focused on whether or not the removal of the board was lawful.

“I’m here to contest the process by which that board was removed, nothing justifies a violation of the law,” said Wiley.  Wiley established that Eddleman was not present to testify as to whether the actions taken against the former board were within the law or that any recommendations made by Eddleman were being followed.

“Those board members, if needed to be removed, should have been brought before the Council and tried like any other officer, that’s what they are entitled to,” said Wiley. In his attempt to cover the rules granting injunctive relief, he referenced the 1989 case, Cox vs. Moore, stating the Chief had the authority to remove purely executive officials and officers of hospital and clinic boards but not other boards.

“I think the only proper thing to do is to deny this injunctive, and require the proper removal process. Two wrongs do not make a right,” Wiley said.

He further suggested that legal restitutions could be sought later after the proper processes were followed.

After referencing Article 5 of the Muscogee (Creek) Nation Constitution, Posey stated, “I don’t think that there can be any question that the Principal Chief of this nation is the sole embodiment for carrying out the executive powers set forth in the constitution of the nation.”

Posey asked the court to consider the 2006-2007 MCN Supreme Court Case Ellis vs. National Council.

“Passage of laws, appropriations of monies and advice and consent in appropriate instances,” were quoted by Posey as the defining limitations of the National Council's power and involvement in this case.

Moore’s decision granted the permanent injunction in favor of the Plaintiff.  “I’m just the people’s lawyer, the people’s court and the people’s judge. I cannot allow this kind of activity to continue, period. It’s in the best interest of the Creek citizens to not allow this,” said Moore.

Following the delivery of the ruling, Principal Chief, A.D. Ellis stated, “I felt I was right all along.  I couldn’t permit this kind of stuff to go on. I represent the nation.”

Plaintiff’s attorney, Rod Wiemer stated, “We feel confident that the Chief’s executive authority was properly used in this case for the protection of the entire nation. We’re happy with the result; we believe it was the appropriate result both legally and factually.”