James "Flaming Eagle" Mooney, 61, claims to be a member of the Oklevueha Band of Yamassee Seminole Indians. He openly uses and distributes the hallucinogen in religious ceremonies, which is allowed under federal law by members of recognized tribes.
However, federal prosecutors said Mooney's tribal membership was fraudulently obtained. Court documents said the tribe revoked it and asked him to stop using their name in connection with his religious activities.
The Oklevueha Band is not a federally recognized tribe and does not use peyote in its religious ceremonies, according to court documents.
Mooney's wife, Linda, and Nicholas Stark, a member of Mooney's Oklevueha Earth Walks Church, were also named in the indictment. The Mooneys are scheduled to make a court appearance Friday.
The Mooneys were charged in state court in 2000 for providing peyote to non-Native American church visitors, but later won a state Supreme Court decision after justices determined Utah law did not require peyote users to be members of federally recognized tribes.
In April, Mooney filed a federal lawsuit against the Utah County officials who unsuccessfully prosecuted him, seeking the return of seized property, including 12,000 peyote buttons, and unspecified monetary damages.
Messages left Thursday for two attorneys who have represented Mooney were not returned.
