Thursday, October 8, 2015


A must read letter, from Native American Activist and research expert Emilio Reyes to Amy Dutschke, Regional Director of the Bureau of Indian Affairs.

He exposes the BIA's inaction and their deliberate violations of their trust responsibility to Native Americans of San Pasqual descent.

When asked WHY he is so involved, his response:

Today, in honor of my ancestors, my cousins at the San Pasqual Reservation, and the friends I have made from this tribe, I have given the privilege to be part of a challenge, a challenge that no one has been able to complete since the year 1909. With the help of attorney , Alexandra McIntosh, and the support of family and friends I will help them fight until we win. So here I am, because I stand for what is right. Because green federal dollars will not control our traditional ways, and because sovereignty can only be use as a nation to protect our people and not to abuse our people.

UPDATE:  THERE IS A SCRIPT YOU CAN USE to contact YOUR SENATOR, in the comment section below.  PLEASE feel free to modify it.

HOW can YOU help?  By sending a link of this blog post to YOUR representatives in CONGRESS.

Wednesday, October 7, 2015

Pala Chairman ROBERT SMITH SUED for Breach of Fiduciary Duty in Hiring BIA Niece's Law Firm

We  wrote about this situation last month, in which an attorney, Sara Dutschke Setshwaelo, fired off a nasty cease and desist letter, followed by a reply by attorney Andrew Twietmeyer who asked for her credentials to act in Pala's interests as attorney of record.   Crickets chirped, which helped lead to this lawsuit

20: Plaintiff is informed and believes, and on that basis alleges, that Defendant Smith did
not seek or obtain the approval of the United States Secretary of the Interior to hire and pay Dentons
22) Plaintiff is further informed and believes, and on that basis alleges, that most, if not
all of the attorneys fees paid to Dentons and/or DOES 11 through 20 were for legal services that
benefited Defendant Smith's individual interests in exacting retribution on PBMI political rivals;
intimidating would-be political rivals and the PBMI electorate;
23) Indeed, Mr. Pink is informed and believes, and on that basis alleges, that a substantial
portion of the attorneys fees Defendant Smith caused to be paid to Dentons and/or DOES 11-20
were for legal research, advice, and counsel to Defendant Smith on his retaliatory disenrollment of more that 160 members of the PBMI which disenrollment Defendant Smith purported to justify by brazenly and unilaterally changing a settled historical determination of the Cupeno Indian blood quantum of Margarita Britten (1856-1925).

Denton's attorney is the niece of BIA Director Amy Dutschke.... just sayin'

Here is the lawsuit:

Tuesday, October 6, 2015

Embattled San Pasqual Tribe, LOSES Damages Suit Against Californians.

The San Pasqual Band of Mission Indians cannot seek $315 million in damages from the state of California, an appeals court ruled on Monday.
For seven years, the state denied the tribe, who is led by a non San Pasqual blood chairman, the ability to offer 2,000 slot machines as promised by the Class III gaming compact. But the agreement specifically prevents both parties from seeking monetary damages for breaches, the court wrote in the unpublished opinion.
"Giving the damage waiver provision a fair reading, we find it to be an unambiguous bilateral provision, applicable when either party resorts to a judicial forum for resolving any dispute arising under the compact," Beth Grimes, an Associate Justice of the Second District Court of Appeal, Division Eight, wrote in the decision.
The tribe was finally able to operate 2,000 slot machines at the Valley View Casino in October 2009 after requests going back to 2002 were rejected by the state. 

Between those years, the tribe contended that it lost out on $315 million in profits

Monday, October 5, 2015

NCAI Has PLAN on Tribal Disenrollment: National Congress of American Indians Will Introduce ....

After more than a DECADE of sitting on the sidelines, as tribal disenrollment ravages Native Americans throughout the country, the National Congress of American Indians has a strategy.

We think it's coded named   WRAPS

Watching, while elders die without justice, and children are stripped of their heritage.
Refusing to speak out, while falling into "safe issues" traps like nicknames and global warming
Appeasing those Tribal Leaders who abuse their own people, their own families, their history.
Prevaricate when asked about the issue; say Tribal Sovereignty  numerous times.
Sidestepping the difficult topic of tribal genocide; not on next meeting agenda

**'s satire...

Cherokee Freedmen Meeting at Dept. of Interior Mysteriously CANCELLED? Is there NO Depth to Which Corrupt People Will Sink?

From our friend Marilyn Vann's Facebook Page, their trip to DC  was disrupted by a cancellation of a meeting 

Someone mysteriously cancelled the DC Department of Interior meeting for Marilyn Vann and Leetta Osborne-Sampson last week
The appointment (requested by Seminole Nation councilwoman Osborne-Sampson) was difficult to get and was gotten with the help of the Oklahoma delegation.
We arrived early for the meeting but the person who we were to meet with was a no show. Other people began arriving at the room for a different meeting; -our meeting room had been given to another group!

Seeing there was confusion; a lady who had arrived for the other meeting went to get him and when he arrived he said that "Councilwoman Osborne-Sampson had cancelled the meeting"!. The person we were to meet with took us to his office for a very short meeting as he had booked another meeting.

My belief is that person(s) from Oklahoma told the DOI NOT to meet with us and then someone pretended to be her.  After fighting so hard to get a meeting in the first place, why would the meeting just be arbitrarily cancelled right after agreeing to accept the appointment time and date?

Terrible how those who hate the Freedmen boss Federal agencies around !! But we freedmen tribal members will NOT be silent and we will NOT stop fighting for enforcement of our rights!!


Chukchansi Tribal Elections: Disenfranchisement the ORDER of the DAY.

The Fresno Bee has the story of how some families at Chukchansi were turned away from voting.  So the NEWEST election results, can't be trusted.  This shows that Chukchansi, again cheats it's OWN people.   Who still thinks their casino should re-open? If they will  cheat their own, they will cheat their customers.

The embattled Chukchansi tribe held an election Saturday for a new tribal council, but some families said they were excluded from voting.
Kelly Graef said that she, her son and her daughter were turned away – ballots in hand – when they attempted to vote at polls, which were set up at the Chukchansi Inc. offices at 8080 N. Palm Ave. in northwest Fresno. Her uncle and his two children shared the same fate earlier that morning.
Graef said that Mark Thompson, the election administrator, informed them they had been removed from the latest tribal roster.
Thompson allegedly told her that he had been given a new roster by the tribal administrator for the Picayune Rancheria of the Chukchansi Indians, and the Graefs were not on it.
“As far as I know, we were on the roster as recently as early last week,” Graef said.
Thompson could not be reached for comment. Officials at the polling place refused to answer questions.
A Chukchansi official said Sunday that Graef was denied by officials overseeing the election because she was disenrolled in 2006 in a situation that did not relate to current issues. A tribal official said Graef was told earlier in the week she could not vote and that the voting papers sent to her were an oversight by the company running the election.
The election had some setbacks. One-fourth of the candidates withdrew their names from the ballot, while other tribal members say they won’t recognize the election, have established their own councils and, in the case of one faction, plan to hold their own election in December.
Many hoped the election of a new council would satisfy the National Indian Gaming Commission, which closed Chukchansi Gold Resort & Casino in Coarsegold after a violent altercation between tribal factions forced the evacuation of employees and guests a year ago. The casino and hotel have remained closed since then.

Read more here:

Ramona Band's Leader Joseph Hamilton Speaking AGAINST Tribal Disenrollment

Ramona Band of Cahuilla Chairman Joseph Hamilton speaks out about disenrollment. I have added some commentary and links.  Thank you for standing up, Mr. Chairman.

Lately, I’ve become concerned that another unhealthy legacy of federal Indian policy is becoming “tradition” in Indian Country.

I’m talking about disenrollment.

In Southern California, where my tribe calls home, disenrollment is common, in part because of big gaming revenues and internal power struggles. It is also a symptom of the breakdown of traditional tribal power structures.  Simply put, some tribal leaders listen to lawyers instead of elders.  OP: At  Pechanga, some of the corrupt splinter group leaders threatened to dig up our elders...

Friday, October 2, 2015

PIcayune Rancheria's ELECTIONS UNLIKELY to Create UNITY

The FRESNO BEE has the story of the corruption... Villain's GOT to VILL...
Saturday’s tribal elections for the Picayune Rancheria of Chukchansi Indians were supposed to mark another step forward toward tribal unity sought by state and federal regulators. But political wrangling has intensified, driving wedges even deeper between battling factions and likely further delaying the reopening of the tribe’s casino.
One-fourth of the candidates have withdrawn their names from Saturday’s election, while other tribal members say they won’t recognize the election, have established their own councils, and in the case of one faction, plan to hold their own election in December.
Bickering within the interim council triggered a meeting last week between tribal leaders and the National Indian Gaming Commission, which shuttered Chukchansi Gold Resort & Casino a year ago. The federal commission and state Attorney General ordered the closure after a gaming office raid resulted in violent encounters leading to the evacuation of patrons and employees.
“Government stability is one of the significant factors in our decision-making process as to whether or not to enter into a settlement agreement for reopening the casino,” Michael Odle, a National Indian Gaming Commission spokesman in Washington, D.C., said last month. “We are looking for assurances that the gaming operation and tribal property can be safe from further conflict.”
The commission’s Sept. 17 letter and meeting came after the tribe’s three gaming commissioners and gaming commission executive director resigned over what was described as violations of the tribe’s gaming ordinance governing hiring and firing.
“The tribal council’s willingness to violate its own tribal gaming laws, particularly while negotiating the settlement of existing (gaming commission) enforcement actions, is alarming,” the commission letter said. “These concerns have a direct impact on the Division of Compliance’s recommendation to the chairman on whether a settlement agreement should be entered into with the tribe.”

Read more here:

Thursday, October 1, 2015

UPDATE: San Pasqual Tribe's ALTO FAMILY DESCENDANTS lose in Federal Court

We've written about the Alto family case numerous times, now, the Federal Court has ruled.

The Marcus Alto descendants were enrolled based on information subsequently determined to be inaccurate and, as a result, their names must be deleted from the Band's roll.

THIS "Case is  closed."

The Trask family should be concerned, as they are even less San Pasqual...

UPDATE:  I have a statement on the ALTO CASE:  ON TO THE 9th Circuit!

 The Alto Family will be appealing to the 9th Circuit Court of Appeal. The district court agreed with Echo Hawk, but there are substantial grounds to appeal the district court's decision to the 9th Circuit.  
In fact, Regional sided with the Alto's evidence as did District Court Judge Irma Gonzales who found a likelihood that the Alto family would prevail on the merits when the preliminary injunction was issued. The Altos' fight is with the BIA and they look forward to Ninth Circuit review of Echo hawk's decision and clearing up this dispute.  

Read More about the case:

San Pasqual's Alto Family SUES BIA
Larry Echo Hawk Overturns his own BIA in Alto Family Ruling
BIA Ruling Reinstates Alto Family

We'll have more as we get it...and..WE GOT IT:

Tuesday, September 29, 2015

Pala Chairman Smith: Violations of the 14th Amendment In Pala Disenrollments? Who NEEDS Equal Protection, Right?

We see this in a lot of tribes that are looking to get rid of families to control votes, increase per capita and to inhibit discovery of corruption.  Take a look at the examples of how PALA rules are applied to SOME, but not ALL.  

Why Won’t Robert Smith Examine the Rest of the 1928 California Indian Judgment Roll Applications to determine Degree of Indian Blood?

Here are a few examples of 1928 Apps. If Robert Smith was to use his policy of unknown as non-Indian then all of the descendants of these Applicants would have to have their blood degree adjusted with most of them being disenrolled. So why did Robert Smith choose to only examine the blood degree of Margarita Britten and no other families? Here is a sampling of 1928 Applications of Pala residents. Attached is Robert Smith’s policy so you be the judge. It would truly appear that Robert Smith willfully and with malice decided to attack the heritage of the Britten family while ignoring similar evidence of other families to include his own.

App. 1089 Celsa Moro Apapas - I do not know who my father’s parents were. Page 4. So her father has to be non-Indian and therefore Celsa Moro Apapas is ½ Indian. 1913 Allotment Roll listed as 4/4ths Indian Indian.
App. 1090 Claudia Apapas - Daughter of Celsa Moro Apapas. Record shows that her grandparents had the same mother different fathers but that they were brother and sister. Page 4. Grandparents were Cahuilla so total Cupeño blood is ¼. 1913 Allotment Roll listed as 4/4ths Indian.
App. 1091 George Apapas - Grandparents Cahuilla. Mother Celsa Moro Apapas so George Apapas is ¼ Cupeño. 1913 Allotment Roll listed as 4/4ths Indian.
App 1092 James Apapas - Same as Apps 1090 and 1091. ¼ Cupeño Indian. 1913 Allotment Roll listed as 4/4ths Indian.

Sunday, September 27, 2015

Pechanga Councilmember Andrew Masiel is OUT: Resigns amid Ethics Committee Investigation

Andrew Masiel, Sr.  the now former council member for the Pechanga Band of Luiseno Indians has resigned.  Masiel was well known for helping his family disenroll two large families from the tribe in 2004 and 2006.
Sources say that Masiel had been under investigation by the tribe's Ethics committee. Masiel resigned two weeks ago, and was NOT at the council table at this past Sunday's tribal meeting.

Andrew Masiel Sr.
Son of woman who destroyed
HUNDREDS of Pechanga People's Heritage

Masiel also led the Native American Caucus of the Democratic Party which stood up against Native American's rights during a heated vote in Anaheim, CA.

Word is that Masiel will run for political office.  Really?  Who would vote for this guy?  The opposition research teams will have a field day.   Please check this blog for plenty of reason not  to vote for Masiel. Read this article for MORE links to Masiel and Pechanga Council's corruption