The Navajo Nation has received about $682 million from the Bipartisan Infrastructure Law. (Photo/Levi Rickert)

The Special Division of the Window Rock District Court has appointed Kyle Nayback, Esq., to serve as special prosecutor in an investigation into potential unethical and illegal activities related to the Executive Branch’s contracts with Indigenous Design Studio + Architects (IDSA), as well as 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,” said G. Michelle Espino, Chief Legislative Counsel. “His background in Indian law and federal prosecution makes him uniquely qualified to handle an investigation of this magnitude.”

This appointment follows an August 1, 2025 application submitted by Chief Legislative Counsel Espino to the Special Division, as authorized under 2 N.N.C. § 2021(E). A preliminary review led Espino to conclude that sufficient grounds exist to warrant a deeper investigation and potential prosecution regarding contracting practices tied to housing initiatives and a housing assistance program supported by federal American Rescue Plan Act (ARPA) funds.

Nayback’s experience includes two decades with the U.S. Attorney’s Office in the District of New Mexico, where he served in roles such as Assistant U.S. Attorney, Tribal Liaison, and Supervisory Assistant U.S. Attorney. Over the course of his career, he represented the United States in 34 federal trials and 11 appeals before the Tenth Circuit. He also served as deputy director of the U.S. Department of Justice Office of Tribal Justice, contributing to Indian law matters at the U.S. Supreme Court level.

“I commend Chief Legislative Counsel Espino for acting swiftly and decisively on behalf of the Navajo people,” said Speaker Crystalyne Curley. “It is vital that we protect the integrity of our government and ensure accountability in the use of public funds.”

Nayback currently leads Nayback Law, LLC, a fully Native-owned law firm based in New Mexico that specializes in representing Native American interests.

Separately, on July 12, 2025, Budget and Finance Committee Chair Shaandiin Parrish introduced Legislation No. 0174-25, which seeks hearings to assess compliance with Navajo Nation laws, regulations, rules, and policies governing contracts related to housing projects funded through ARPA.