Qualla Enterprises chair, attorney may have committed misdemeanor as tribal council suspends board
Attorneys Rico Frias and Carolyn West appeared in front of tribal council.
File photo
Just as the members of Qualla Enterprises’ board were all suspended, its attorney and chair may have engaged in the unauthorized practice of law.
Qualla Enterprises, LLC, owned by the Eastern Band of Cherokee, is the only cultivator of legal cannabis in the state of North Carolina. It sells recreational products to the public through its subsidiary, Great Smoky Mountains Dispensary.
From its inception in 2023 as a medical cannabis venture, the company has received more than $50 million in loans from the tribe since converted to equity. On April 20, enrolled EBCI members will receive their first per capita payment.
During its April 2 meeting, tribal council voted 11-1 — councilmember Bo Crowe abstained — to suspend board members Tagan Crowe, Morgan Owle Crisp, Jacob Reed and Albert Rose with removal pending an Office of Internal Audit and Ethnics Investigation.
A separate resolution, passed along the same lines, removed board Chair Carolyn West, alleging she “disclosed information and conducted herself such that she would be removed from the board.” West is also an attorney licensed to practice in EBCI territory and the state of North Carolina.
As chairperson, she hired attorney Richard “Rico” Frias to provide legal advice to the company. Frias is licensed to practice law in New Mexico and does not have comity to practice in North Carolina. On April 2, Frias represented Qualla Enterprises as its legal counsel, possibly engaging in the unauthorized practice of law.
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According to the American Bar Association, a lawyer not licensed to practice in a jurisdiction cannot “except as authorized by these Rules or other law, establish an office or other systematic and continuous presence in this jurisdiction for the practice of law; or hold out to the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction.”
Additionally, Section 87-1 of EBCI Municipal Code requires that certain professionals practicing “within the territory of the Eastern Band,” — including attorneys — “have a current license issued by the appropriate state regulatory agency authorizing them to practice their profession in the State of North Carolina, and must be in good standing with that regulatory agency.”
The unauthorized practice of law is a Class 1 misdemeanor, subject to up to one year in jail and/or a fine of up to $5,000, civil and/or criminal sanctions. The North Carolina State Bar can impose disciplinary measures ranging from admonition to disbarment.
West — governed by the North Carolina Rules of Professional Conduct to remain in “good standing” as a practicing state lawyer — stood beside Frias on April 2 and let him talk, perhaps contemporaneously engaging in the unauthorized practice of law.
Rule 5.1 of NCRPC states that “A lawyer having direct supervisory authority over another lawyer shall make reasonable efforts to ensure that the other lawyer conforms to the Rules of Professional Conduct,” in this case, not practicing while unlicensed by the jurisdiction.
If she violated the state ethical code, West did not retain “good standing” with the state bar and thus was also in violation of Section 87-1, subject to the Class 1 misdemeanor charge.
Frias introduced himself as an “attorney,” only admitting he’s unlicensed to practice in North Carolina after asked by Vice Chair David Wolfe — though the question was originally prompted by enrolled member Mary Crowe.
(Principal Chief Michell Hicks, Vice Chief Alan Ensley were not in attendance due to undisclosed medical emergency reasons. Chairman Jim Owle was also not in attendance.)
Attorney General Mike McConnell, representing the executive branch of EBCI, then addressed council members to contextualize the situation, noting that “the rule in the state is that an attorney from out of state can serve as in-house counsel for a corporation, for a business entity within the state.” But Frias may have represented Qualla Enterprises in an official capacity by acting not as “in-house” but external counsel.
McConnell added that attorneys licensed in different states can sometimes be permitted to appear before tribal court through a clause called “pro hac vice admission.”
Pro hac vice requires explicit prior permission from tribal court, and attorneys must act alongside a member of the Bar of Cherokee Court acting as local counsel.
McConnell told council members that “in the past, tribal council has been a little more flexible in that regard, in the sense of who appears before you to provide information,” adding that “it’s up to you if you want to let him [do that].”
Both West and Frias had appeared before council to advocate for a resolution permanently removing then-suspended board member Tagan Crowe, bringing multiple accusations under the pretense of representing Qualla Enterprises. Resolution 177 alleged that Crowe, appointed in December 2025, forwarded several confidential and sensitive documents to his personal Gmail address. Additionally, it claimed Crowe attested to attending an important conference last-minute while on an ice fishing trip with his father, when he’d agreed a month earlier to participate as a panelist.
“There has been a flagrant disregard for the fiduciary duties of [Crowe], which from that right, in the best interest of company, that would be to remove somebody who flagrantly disregards those duties, loyalty and care. [At] any other company, he would have been removed,” Frias said.
The company board had suspended Crowe’s access to his account in late February following the conference and noted that he’d tried to log in multiple times throughout the next week.
Several tribal officials were taken aback by the resolution, which made public a process meant to be pursued through the Office of Audit and Internal Ethics to avoid public shaming and uncorroborated allegations.
Council member Venita Wolfe asked the board to approach the body “to explain this resolution to us.” Seeing that West and Frias were the only two in attendance — and West the only board representative — Wolfe asked about the whereabouts of other members. “They are on their way,” West responded.
Wolfe also requested meeting minutes and other evidentiary materials. None were provided, as council denied West’s offer to present and discuss relevant documents upon the condition of a closed session.
For over an hour, the chairperson, Frias and eventually Vice Chair Morgan Owle Crisp took turns defending the resolution in the face of pointed questions, drawing increasing frustration and ire from traibal members and officials.
Applause echoed throughout the room after councilmember Shennelle Feather emphasized the need to see just one Qualla Enterprises financial statement.
Then West admitted she’d also sent emails to her personal Gmail.
To make matters worse, councilmember Lavita Hill disclosed that the Qualla Enterprises chairperson had once addressed an internal email to the personal account of a non-board member, a graver offense than Crowe’s alleged behavior.
“I would like to amend [Resolution 177] and remove Tagan Crowe and add Carolyn West’s name,” Hill added, also receiving a round of applause from the audience.
Crowe subsequently addressed council with the intention of not only pleading his case but also exposing what he claimed had happened behind closed doors. As for his former motivation, Crowe said there was “zero proof” he had committed any wrongdoing and that he’d attended the conference to educate himself more about the industry.
“There’s nothing on any materials that the board provided showing that I was attending that conference as a Qualla representative. I was there as a private citizen, on my own time and my own money,” he said.
Finally, Crowe told council he was suspended without notice and the login attempts were evidence of his belief that he was still part of the board. He addressed what he saw as systemic issues within the company, raising concerns about the “the lack of oversight, transparency and accountability” and influence of contractors.
“There’s no adherence to Robert’s Rules of Order, no meaningful oversight. Instead, all the decisions that are made are heavily influenced, if not outright controlled, by independent contractors who are also in the room,” he said.
After some discussion, tribal council voted 11-1, with Bo Crowe as the sole opposition, to table Resolution 177 — and to draft an emergency resolution later that afternoon referring the case to the Office of Internal Audit and Ethics and outlining disciplinary measures for all members pending results of the investigation.
At the start of the second session, council passed one resolution terminating West’s position and another suspending every other member.
To achieve a quorum and prevent contractors, including Qualla Enterprises CEO Forrest Parker, from acting as its sole oversight during the investigation, the legislation included a clause allowing tribal council and Hicks to appoint one and two interim board members, respectively.
Qualla Enterprises has yet to publish a forensic audit, despite requests dating back to 2023 from then-Chief Richard Sneed.
The Smoky Mountain News did not receive a response after reaching out to the AG’s office.
