Thursday, November 27, 2014

Happy Thanksgiving to All our Readers

We don't celebrate the pilgrims "finding " us, but are Thankful that we have our family together.

Enjoy your day, please share your thoughts and what you plans are for today.


Tuesday, November 25, 2014

Financiers PUSHING Agreement at Chukchansi. WILL IT REOPEN? SHOULD IT?

Chukchansi Gold Resort & Casino’s financiers have been meeting with the tribe’s separate political factions in hopes of getting them to iron out an agreement that will generate enough peace and allow the Coarsegold facility to reopen.
picture from Fresno Bee

Without casino revenues, the tribe will be unable to meet its financial obligations, thus raising the specter — for the second time in three years — of default. Investors who have put more than $250 million into the hotel and casino are growing more nervous with each week the casino remains closed and the tribal infighting continues.

The longer the casino remains closed, the less likely that the development authority will pay its two annual payments on time. The next one is due at the end of March.

Three years years ago, Chukchansi Economic Development Authority was in danger of defaulting on bonds that paid for Chukchansi Gold Resort & Casino.

It was about the same time that tribal leaders were facing factional splits — the same problems that led to the closure of the Coarsegold facility last month. But despite the infighting at the time, tribal officials were able to rescue the financial notes in a complex restructuring deal that took months. But the restructuring put the casino and hotel at a financing rate of 9.75% because of previous financial issues that were in large measure due to the recession.

Under the 2012 deal, bondholders with about $303.1 million of debt agreed to the new payment plan. The tribe paid off nearly $40 million in notes with $30 million in cash. The tribe then exchanged $270 million in old notes for $250.4 million in new financing, Standard & Poor’s reported at the time.

Reggie Lewis, who represents the Lewis/Ayala tribal council that was managing the casino when the Tex McDonald group’s security forces took over the gaming office, said the tribe’s bondholders are increasingly concerned about the closure.

“Nobody cares what’s going on as long as they got their money, but they are concerned now, they realize until we get this all settled they will not be having their payments and their interest paid back,” he said.

The tribe’s payments to vendors and bondholders are monitored by a New York state judge, who is ensuring the bondholders’ investment is secure.

Lewis said time is money in this case; the bondholders may have to eventually weigh the risks of demanding a permanent closure and claiming pieces of the hotel and casino, such as slot machines, which would provide only “pennies on the dollar” for their investment.

Read the FULL STORY at the FRESNO BEE

Read more about Chukchansi Corruption and Disenrollment:

Picayune Rancheria of Chukchansi Indians
Picayune Rancheria
Chukchansi thuggery
Nancy Ayala
Chukchansi disenrollment
Chukchansi Council Dispute

Monday, November 24, 2014

ERIC HOLDER on Ferguson: Investigation ONGOING but He Ignores ACTUAL abuses in Indian Country which is ONGOING

Shameful turn of events from Attorney General Eric Holder.  After tonight's decision from the Grand Jury to NOT indict police officer Darren Wilson for shooting his attacker, 6' 4" 290 pound Michael Brown, Holder issued this statement:
Eric Holder washing his hands of civil rights abuses


“While the grand jury proceeding in St. Louis County has concluded, the Justice Department’s investigation into the shooting of Michael Brown remains ongoing. Though we have shared information with local prosecutors during the course of our investigation, the federal inquiry has been independent of the local one from the start, and remains so now. Even at this mature stage of the investigation, we have avoided prejudging any of the evidence. And although federal civil rights law imposes a high legal bar in these types of cases, we have resisted forming premature conclusions.

INDEPENDENT investigation?  What for? The grand jury listened to 50 witnesses, many who recanted their initial on camera statements, and 4 hours of testimony from Wilson.  They could find NO evidence to indict Wilson.  

Yet they have time to waste to continue to look?  This is bullshit.   He needs to spend time looking at the corruption in Indian Country, the apartheid, the segregation, the theft of $800 MILLION from tribal members via disenrollment.....  

Chukchansi Debacle Makes National News

Finally, some broader exposure the the crimes and abuse at Chukchani.  Yahoo News picked up this AP story by Scott Smith.   You can help by going to the link at the bottom, commenting on the story and emailing it out to your family and friends and ask them to do the same. WE can help it trend...


Go to the FULL YAHOO STORY HERE

COARSEGOLD, Calif. (AP) -- When it comes to controlling California's flashy Las Vegas-style casinos, the stakes are enormous for tribes who own the gambling operations that collectively generate billions of dollars a year to sustain Native Americans up and down the state.
With this backdrop, several tribes in the past two years have fallen into nasty, sometimes violent, power struggles pitting factions and families against one another.
The most recent case, involving the Picayune Rancheria of Chukchansi Indians near Yosemite National Park, climaxed in an armed raid on Oct. 9 by one faction that caused gamblers to flee, leaving their chips on the table.
The National Indian Gaming Commission, which regulates Indian casinos, and a federal judge shut down the Chukchansi Gold Resort and Casino, citing safety concerns. Charges have been filed against 15 men — two tribal council members, the tribal police chief and a hired security team that included a former sheriff's deputy and onetime Marine, and a former Navy Seal.
The casino remains closed — with estimated losses in the millions each week — because rivals have yet to diffuse what U.S. District Judge J. Lawrence O'Neill of Fresno called an "explosive keg" of emotions.
"It's a classic struggle over money and tribal rights and control for what everybody recognizes is a very lucrative enterprise," said Denise Runge, a gambling industry researcher at Helena College University of Montana.
"All of a sudden, you've got a government with a lot of responsibility and a lot of clout that didn't develop over decades like a lot of our other government institutions," said Phil Hogen, former chair of the National Indian Gaming Commission.
Simmering tensions erupted last month at Chukchansi when a security team led by former tribal leader Tex McDonald stormed the casino. They were armed with firearms and stun guns and detained security officers.
Madera County Sheriff's deputies intervened. Prosecutors filed charges, including kidnapping, false imprisonment and assault against the men. Most have been arrested or have surrendered. McDonald is in jail with bail set at $2.4 million. His attorney did not respond to requests for comment.
Meanwhile, Chukchansi's financial losses are unclear because Indian casinos are not required to disclose earnings.

Go to the FULL YAHOO STORY HERE

Saturday, November 22, 2014

Pechanga Could Require Allottees to Wear YELLOW STAR to designate Status

Nazis forced Jews to wear Yellow Stars

UPDATE II: We think this story from 2012 is coming more TRUE every day, now with Reservation allottees being forced to give up their mailboxes.
UPDATE:    We posted the story below in February 2012 and now word is coming from the Pechanga Reservation in Temecula that an effort is being forwarded to keep any disenrolled tribal member from using the reservation facilities.    The story is developing but it sounds like the Masiel Basquez crime family is at it again.    Currently a number of Hunters, descendants of Original Pechanga allottee, Paulina Hunter, live on the reservation, some all their lives.    

The Temecula Band of Luiseno Indians, led by Democratic Party operatives  Mark Macarro and Andrew Masiel are well known civil and human rights abusers.  
Will Pechanga Force Allottees to Wear a Yellow Star or Sticker on their cars?

Oh, if only the question was too far-fetched to believe, since they have already stripped voting rights and elder care from 25% of their tribe.  The Nazis forced Jews to wear these stars on their clothing in an overt act of persecution. As we wrote about recently, the allottees on the reservation, who have had their land in the family since the beginning of the Temecula Indian Reservation, have now been threatened with trespassing charges. A yellow star would make it easy for tribal members like the Masiel-Basquez crime family to recognize them on sight.


The drinking fountains at the park will be one area where the tribe could have a sign saying: Tribal Members Only, No Temecula Indians Allowed.

They say that allottee may be excluded from their land if they are on the land of a tribal member, yet, Chairman Macarro's jackbooted Tribal Rangers trespassed on allottee's land to deliver the message. Yep, right to the front doors. And since a sexual predator is in charge of dispatching Rangers and is a member of the tribal motorcycle "club", wouldn't you be worried?

Remember, some Moratorium People have already been excluded from their own land....


Since the casino is on tribal property, any visitor could be charged with trespassing ..for any reason. Including not being the "right kind" of Indian...


Thursday, November 20, 2014

Plaintiffs Counsel Speaks On Ruling In PALA CASE: On to Appellate Court

Law Offices of 
THOR O. EMBLEM
205 W. 5th Avenue, Suite 105 $ Escondido, California 92025 
Telephone (760) 738-9301 $ Fax (760) 738-9409 
e-mail: Owlinguish@emblemlaw.com 
FOR IMMEDIATE RELEASE

November 20, 2014
Contact: Erin Emblem
760.7383.9301 Office
Erin@EmblemLaw.com

San Diego, CA - The descendents of Margarita Britton have long been besieged in a dispute
about the nature of their Native American heritage with the Pala Band of Mission Indians. Despite
the Bureau of Indian Affairs 1989 "final decision" stating that Margarita Britton was in fact 4/4
Indian and the 2012 reaffirmation in their letter to the Pala Tribe recommending that the family
stay on Tribe's official rolls, corporate greed over gaming revenue and per capita distributions
have fuelled the forced exodus of this disenfranchised family as well as many others like them
from tribes throughout the state and nation.

"The motives of the band's current management team are pretty clear and actions like these make
us question the rights and responsibility of our own government and the extent of our authority to
protect federally enrolled members. The BIA says that they can only recommend. If the
government knows that the rights of its citizens are being violated isn't their responsibility to step
in? They do it all the time, all over the world and this case we're asking them to protect American
citizens here in the United States. This Laissez-Faire, bury your head in the sand, look the other
way stance our government seems to be taking with federally enrolled tribal governments that
make up the rules as they go along doesn't happen with other foreign nations. The level of
dysfunction is just baffling to me. Could you imagine what a relief it would be to foreign
dictatorships if we took the same position?" asks appellate attorney Tracy Emblem who has spent
countless hours researching case law, statutes and ordinances which requires the federal
government to step in and in this case enforce the BIA's determination.

After months of delay appealing to the BIA back in 2012 and 2013, the U.S. District Court in
Aguayo v. Jewel, et al, issued a ruling yesterday full of mixed messages about where the family
stands and the scope of the federal government's authority. The long and short of the 35 page
decision is that it is in Judge Bashant's opinion that she does not have the authority to hear or rule
on the case.

When asked for his take on the ruling, Plaintiff's attorney Thor Emblem remarked, "it's apparent
that the judge wants the court of appeals to make the call on this. A decision of this magnitude
should come from a higher court as it has the power to specify the extent of the government's
authority and duty over a sovereign nation within its borders. If the ruling had gone the other way,
it was likely that the Tribe would have challenged a decision in our favor by filing a joinder, so no
matter the outcome, this case was on track for the appeals court. The good thing to come of this is
that moving forward our case can be heard in a court that is both familiar with the nature of our
case and is comfortable making a ruling that affects governmental policy. The 9th Circuit Court of 
Appeals has previously ruled on two of our primary arguments in the case of Alto v. Black where 
they found in our favor. From where we're standing, the appellate route is our next and best 
course of action at this time."

Wednesday, November 19, 2014

LaDonna Harris, Civil Rights Activist to Screen Her Film at Apartheid Practicing, Civil Rights Abusing Pechanga Reservation

Irony of ironies:

A documentary highlighting the accomplishments of LaDonna Harris, an Indian Country social and civil rights activist, to be shown at Pechanga Reservation during the San Diego American Indian Film Festival.   
Comanched Member LaDonna Harris

Ms. Harris will also be on hand to answer questions after the screening of "LaDonna Harris: Indian 101".

I wonder how Ms. Harris feels having a movie about her life and work shown at a place where so many Indian people have been subjected to human and civil rights abuses?  These victims of oppression are very similar to those she fought for in her younger days.   Now, she can walk into Pechanga, dashing the hopes of Native Americans who have been harmed by their own tribes, that someone with her strong credentials, might stand up against the tyranny we face......we hope someone will champion our cause, it may not be LaDonna, unless she can be persuaded about the violations faced by Natives FROM Natives....

Many of these Indians-elders, children, friends and family- cannot even go to the screening of her movie for fear of retribution.  Some are outright banished and just this week, notifications went out to allottees of the reservation that their mailboxes are being confiscated for use by non resident tribal members.

Of those who do go, will anyone dare ask Ms. Harris what her position is regarding the epidemic of rights abuses that has infected Indian Country- particularly at Pechanga- and which have resulted in the disenrollment and Banishment of thousands?

More importantly, if asked, can Ms. Harris offer an honest answer to such a question and possibly insult her "host"?   Would she miss this opportunity to speak "truth to POWER?"


Learn More on Disenrollment, Ethnic Cleansing in Indian Gaming Country at these Links:
Gaming Revenue Blamed for Disenrollment
disenrollment is paper Genocide
CA Tribal Cleansing
Tribal terrorism
TRIBAL TERRORISM includes Banishment
Nooksack Disenrollment
Attorney General Holder





BIA Successful in Throwing PALA Disenrolled Under The Bus in Aguayo v. Jewell

Judge Cynthia Bashant wasted no time in denying Plaintiff's motion.   
See Documents here: Aguayo v. Jewell

Sally Jewell doesn't swear to protect ALL Natives


IV. CONCLUSION & ORDER9
The Court sympathizes with the hardships that Plaintiffs face as a result of their
disenrollment from the Pala Band. The significance of terminating membership from
one’s tribe is not lost. However, the Court’s role in this situation is “not to substitute
its judgment for that of the agency,” but rather to examine whether there is a “rational
connection between the facts found and the choice made” by the agency. Nw. Envtl.
Def. Ctr. v. Bonneville Power Admin., 477 F.3d 668, 687 (9th Cir. 2007) (quoting State
Farm, 463 U.S. at 43) (internal quotation marks omitted). Under the standard
prescribed by 5 U.S.C. § 706(2)(A), which is highly deferential to the agency, Plaintiffs
fail to meet their burden to demonstrate that the Assistant Secretary’s decision isin any
way “arbitrary, capricious, an abuse or discretion, or otherwise not in accordance with
law.” See 5 U.S.C. § 706(2)(A); San Luis & Delta-Mendota, 747 F.3d at 601.

In light of the foregoing, the Court DENIES Plaintiffs’ motion for summary
judgment, and GRANTS Defendants’ cross-motion for summary judgment. 
Accordingly, this Court affirms the Assistant Secretary’s June 2013 decision
concluding that “the Regional Director acted based on a proper interpretation of authority under tribal law to review the enrollment appeals[,]” and that “the Department
has no authority under Federal or tribal law to decide enrollment issues for the Band.”
(See AR 23.) 
IT IS SO ORDERED.

Read MORE about PALA DISENROLLMENTS:
Pala Disenrollments
Pala dispute
Pala disenrolled 162 members

Tuesday, November 18, 2014

HARVEY HOPKINS OUT at Dry Creek Rancheria; CHRIS WRIGHT IN

The Dry Creek Rancheria Band of Pomo Indians, which has seen a drastic decline in revenues from its River Rock Casino since a bigger, newer competitor opened near Rohnert Park, has chosen a new leader.
Harvey Hopkins, chairman of the Dry Creek tribe for the past 10 years, lost his bid for re-election over the weekend, coming in last to two other challengers.
The new chairman of the tribe is Chris Wright, 43, who is also the head of marketing for River Rock Casino near Geyserville. Preliminary results shared Monday by two tribal members had Wright earning 41 percent of the vote to 35 percent for Salvina Norris, the vice chairwoman, and 24 percent for Hopkins.
Saturday’s election came at a pivotal time for the 1,200-member tribe, which has seen its casino revenues cut in half since the Graton Resort and Casino opened a year ago about 30 miles south.
After its casino revenues plummeted, Dry Creek defaulted on more than $140 million owed to River Rock bondholders and also remains delinquent on a $3.5 million annual payment to Sonoma County to offset impacts from the gambling hall on a hill overlooking scenic Alexander Valley.
Tribal members said Wright is a fresh face, smart and personable.
“Those that voted for him probably think he (has) younger ideas, maybe more marketing ideas to keep our casino going,” said tribal elder Reg Elgin, who supported Hopkins.
Elgin said Hopkins, 66, may have unfairly been blamed for River Rock’s troubles since Graton opened. But he added that “the voters were pretty adamant in their stand — they thought it was time for a change.”

Monday, November 17, 2014

Pechanga Tribe Forcing Reservation Residents to VACATE their Mailboxes

The Pechanga Tribe is forcing the non member residents of the reservation, including reservation allottees, who were stripped of tribal citizenship to vacate their mailboxes within 30 days.
Purple Pin shows mailboxes and red pin shows where elders live

It seems they couldn't just ask the post office to provide MORE mailboxes as the population grows.

Giving short notice of taking of mailboxes

We received a letter in the mail today from Pechanga Tribal Hall that we have 30 days to vacate our mailbox on the reservation, that we've had for 30 years since they were first installed. They want to give our (non-member) mailboxes to the Tribal members that are moving out here.