§ 4-107. Misusing public money.
A. It shall be unlawful for a person charged with the receipt, safekeeping, transfer or disbursement of public monies to:
1. Without lawful authority appropriate the money or any portion of it to his own use or the use of another; or
2. Loan the money or any portion thereof without lawful authority; or
3. Fail to keep the money in his possession until lawfully disbursed or paid out according to law; or
4. Deposit the money in an unauthorized bank or with a person not lawfully authorized to receive such; or
5. Knowingly keep any false account or make a false entry or erasure in any account of or relating to the money; or
6. Fraudulently alter, falsify, conceal, destroy or obliterate any such account; or
7. Knowingly refuse or omit to pay over on lawful demand by competent authority any public monies in his hands; or
8. Knowingly omit to transfer money when transfer is required by proper authority; or
9. Make a profit for himself or another when not lawfully entitled to such, or in an unlawful manner, out of public monies; or
10. Fail to pay over to the proper account or authority any fines, forfeitures or fees received by him; or
11. Otherwise handle public money in a manner not authorized by law for his own benefit; or
12. Handle public money in a reckless manner as a result of which a risk of loss of such money is significant.
B. “Public money” includes all money, bonds and evidences of indebtedness or their equivalent, belonging to, or received or held by the Nation or any other government or any account or money held by the Nation or government for any individual or group.
C. Misusing public money shall be punishable by a fine not to exceed One Thousand Dollars ($1,000.00), or by a term of imprisonment in the Tribal Jail not to exceed one year; or by banishment for not less than five years nor more than ten (10) years, or any combination of the above authorized punishments. For a second or subsequent conviction under this section, banishment may be imposed for not less than ten (10) years nor more than life.