WINDOW ROCK, Ariz. — The Special Division of the Window Rock District Court has appointed Kyle Nayback, Esq., as special prosecutor to investigate possible unethical and illegal conduct tied to the Navajo Nation’s Executive Branch’s contracts with Indigenous Design Studio + Architects, the reported subcontract with ZenniHome and Native Community Capital.
“Mr. Nayback brings more than two decades of federal and tribal law experience to this role, including complex trial work and appellate advocacy in white collar crime, fraud and public corruption cases,” G. Michelle Espino, Chief Legislative Counsel, stated in an August. 13 press release. “His background in Indian law and federal prosecution makes him uniquely qualified to handle an investigation of this magnitude.”
The appointment of the Special Prosecutor follows an application filed Aug. 1 by Espino with the Special Division as authorized by 2 N.N.C. § 2021(E). Through a preliminary investigation, Espino determined there are reasonable grounds to pursue further investigation and possible prosecution regarding the Executive Branch’s contracting activities related to housing projects and a housing assistance program funded through the federal American Rescue Plan Act.
Nayback served as an Assistant U.S. Attorney, Tribal Liaison, and Supervisory Assistant U.S. Attorney for the District of New Mexico from 2003 to 2023. Nayback represented the U.S. in 34 federal trials and 11 Tenth Circuit appeals. He previously worked as deputy director of the U.S. Department of Justice Office of Tribal Justice, contributing to federal Indian law cases before the U.S. Supreme Court.
“I commend Chief Legislative Counsel Espino for acting swiftly and decisively on behalf of the Navajo people,” Speaker Crystalyne Curley said. “It is vital that we protect the integrity of our government and ensure accountability in the use of public funds.”
Nayback is the owner of a 100% Native-owned firm in New Mexico, Nayback Law, LLC, focused on serving Native American interests.
In addition, on July 12, Budget and Finance Committee Chair Shaandiin Parrish introduced Legislation No. 0174-25, calling for hearings to determine compliance with Navajo Nation laws, regulations, rules, and policies concerning the Nation’s contracts for housing and related matters funded by ARPA.
