The U.S. attorney's office only indicts 10% of the referrals for prosecution it receives from the Tulsa County District Attorney's Office after McGirt.
We're talking about a new report out, we just got a copy of it. It was actually it's dated August 20th of 2021, but we got a copy recently.
It's being released along with the City of Tulsa filing amicus curiae briefs with the United States Supreme Court requesting that McGirt be overturned or at least limited to where you have Indian defendants.
And they commissioned the Tulsa County District Attorney's Office, commissioned this report to look at the statistics of how many cases they're referring out for prosecution that they can't prosecute by the state anymore because of McGirt, and how many are being picked up by the Federal Government through the United States Attorney's Office or through the Tribe, and it's interesting the numbers for the Feds, that essentially what they're showing during the time period that they've been pulling this data, the Tulsa County District Attorney's Office referred 780 cases for prosecution to the Federal Government.
Now normally if it's a more serious offense it would go to the Feds, generally speaking, if it's a lesser offense it would go to the Tribes, so these offenses are ones that they decided not to refer to the Tribe, that they specifically referred to the United States Attorney's Office.
And of those only 10% received indictments or are being prosecuted by the Federal Government. So 90% of those are potentially falling through the cracks.
However, it's important to a member the Federal Government has a little bit higher standard for what cases they accept. They've got Federal FBI agents they're used to dealing with that are highly trained and educated and they want to make sure that before they file a criminal indictment in Federal Court that they know they've got a win on it.
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