The motion, filed in Navajo District Court, requests a new deadline of Oct. 26, 2012.
Since its appointment as special prosecutor, the Rothstein Law Firm has been diligently investigating and evaluating the lengthy complaint with respect to each individual defendant. While the Special Prosecutor has made significant progress in this time-consuming and ongoing process, it has not completed its work.
Over the next three months, the Special Prosecutor expects to finish its investigation and evaluation of the complaint and place each defendant in one of four categories. They are:
• Defendants against whom all claims should be dismissed;
• Defendants against whom ethics complaints will be filed with the Office of Hearings and Appeals;
• Defendants whose actions constitute criminal violations of Navajo Nation law and who will be charged criminally; and
• Defendants who reach voluntary settlement.
The Special Prosecutor believes that the majority of the defendants will be settled, dismissed or ethics complaints will be filed with the Office of Hearings and Appeals. It expects to bring criminal cases against 10-15 of the current defendants.
The Special Prosecutor has concluded that The Discretionary Fund Program was administered without careful financial controls or oversight, as a number of council delegates misused the program to improperly benefit close family members.
The Special Prosecutor intends to pursue criminal charges against the most serious violators and bring ethics complaints against others. The Ethics in Government Law allows for the imposition of fines, restitution, and barring a person from serving in an elected office.