Appeals court upholds conviction in Choctaw Nation corruption case

Tuesday, August 2, 2016

Jason Merida, the former head of construction for the Choctaw Nation of Oklahoma, is seen on a hunting excursion that was financed by a company that defrauded the tribe. Photo from Pueblo of Acoma Big Game Trophy Hunts

A citizen of the Choctaw Nation of Oklahoma will remain behind bars for the foreseeable future after a federal appeals court rejected his bid for a mistrial in a corruption case.

Jason Brett Merida, 42, was sentenced to 12 years after being convicted on six of seven bribery, theft, money laundering and tax fraud charges. A federal jury determined that he accepted hundreds of thousands of dollars in gifts, trips and other items of value from companies that performed work on the tribe's casinos.

Merida, the former head of construction for the tribe, sought a mistrial after he said a judge allowed prejudicial information to be introduced during his trial in 2014. At issue was a transcript of an interview he conducted with the tribe's attorneys -- one of whom was a former federal judge who later testified at the trial -- long before any criminal charges were filed.

But the 10th Circuit Court of Appeals rejected Merida's arguments in a unanimous decision issued on July 12. A three-judge panel said federal prosecutors presented an exceptionally strong case that resulted in several guilty pleas.

The addition of a hotel to the Choctaw Casino in Pocola, Oklahoma, led to a federal criminal investigation that ensnared several people. Photo from Facebook

Writing for the court, Judge Carolyn B. McHugh said "this was not a close case. Rather, the evidence of Mr. Merida’s guilt was overwhelming. Other participants in the fraud admitted their complicity and provided detailed testimony about Mr. Merida’s involvement. The prosecution also presented extensive documentary evidence. And the government introduced testimony from the government agents relating Mr. Merida’s admissions of guilt to them during their investigation."

The transcript, she added, was a mere seven pages out of a huge volume of information that was produced during the 15 days of testimony at the federal courthouse in Muskogee in October and November of 2014.

Choctaw citizens turned out in strong numbers for the trial, which by several accounts was unusual. It included testimony from Chief Gary Batton as well as his predecessor, Greg Pyle, who retired in April 2014 after 17 years in office.

Although Batton and Pyle were never charged with any crimes, they both admitted they accepted money from the same companies that provided gifts and items of value to Merida. Batton even went on the same hunting trip to Acoma Pueblo in New Mexico that contributed to Merida's downfall.

Then-assistant chief Gary Batton went on a 2010 hunting trip that was financed by a company whose executives pleaded guilty for defrauding the Choctaw Nation. Photo from Pueblo of Acoma Big Game Trophy Hunts

The trial also included testimony from Michael Burrage, a Choctaw citizen who conducted an internal investigation of Merida at the request of the tribe and forwarded the results to federal prosecutors who later filed charges. Burrage happens to be the former chief judge of the court in Muskogee.

The case arose after the tribe discovered it had been cheated out of millions of dollars for a casino expansion project. The tribe was overcharged for $8.5 million in steel beams by a company whose executives pleaded guilty.

Merida was the only defendant to go to trial and his 12-year sentence was the harshest punishment. The second longest sentence was five years and the third was four years.

Merida is serving his sentence at FCI Seagoville in Texas, according to the Federal Bureau of Prisons. He is due to be released in December 2025.

10th Circuit Court of Appeals Decision:
US v. Jason Brett Merida (July 12, 2016)

Choctaw Nation Casino Corruption Coverage:
Former Choctaw Nation official sentenced in casino fraud case (06/02)
Judge weighs sentence in Choctaw Nation casino fraud case (05/13)
Last defendant to be sentenced for Choctaw Nation casino fraud (4/27)
FBI agent discusses probe in Choctaw Nation casino fraud case (4/8)
Former Choctaw Nation employee plans appeal in criminal case (11/24)
Former employee found guilty for cheating Choctaw Nation (11/21)
Choctaw Nation releases statement after guilty verdict (11/21)
Trial into Choctaw Nation fraud winds down with final testimony (11/20)
Leader of Choctaw Nation faces tough questions in criminal trial (11/19)
Former leader of Choctaw Nation testifies in criminal trial (11/18)
Anticipation builds for testimony of Choctaw Nation leaders (11/17)
Trial exposes fraud against Choctaw Nation for gaming project (11/14)
Trial continues in theft linked to Choctaw Nation casino work (11/07)
Trial opens in case connected to Choctaw Nation casino work (10/31)
Choctaw Nation audit uncovered overbilling for casino work (08/06)
Six indicted in connection with Choctaw Nation casino work (08/05)