Monday, November 16, 2009

Does Tribal Sovereignty Protect Tribal Officials from Racketeering or Embezzlement?

Frequent commenter to Original Pechanga's Blog Allen L. Lee says NO:

If the person implicated for criminal acts while serving as tribal officials are actually found guilty of racketeering or embezzlement while they were tribal officials, their is no tribal sovereign immunity for those crimes.

If the dis-enrollments and moratorium can be directly tied to racketeering by criminals who have a strangle-hold on the tribal government, then federal intervention may be warranted for both the dis-enrollments and the moratorium? Don't know for sure, but it looks like racketeering, embezzlement, and fraud should be investigated.

It would mean that every official act made by suspect government oficials was also suspect, including state gambling compacts, dis-enrollments and the moratorium, land into trust,
BIA contracts, etc.

OP: It would seem like the Justice Department would take an interest in a tribal council that manipulates an enrollment committee to secure the outcome they desire: Getting families disenrolled to increase their own per capita payments. This is theft of government funds.


1. Refusing to follow the Tribal Constitution so that open enrollment doesn't allow in rightful members.

2. Refusing to follow the will of the people by stopping all disenrollments which was voted on after a petition was declared valid.

3. Allowing the enrollment committee to admit the family members of Bobbi LeMere to secure her vote against the Hunter family. This would be "against" the "valid" moratorium. Why were LeMere's family allowed in?

What's YOUR opinion?


Anonymous said...

Committing fraud for financial gain is a direct violation or the reco act. That is what Pechanga has done when they disenrolled the hunters despite the evident that they had. Then the enrollment committee chair Bobby Limers sister was enrolled after the disenrollment was this maybe a bribe to disenroll. That is another reco act violation.

Anonymous said...

Maybe it is time to hold the BIA and the DOJ accountable for their refusal to assist "true native american" people. The Riverside office is a "sham" So maybe Sacramento and D.C. need to be brought up to speed on all this information. It is the duty of the disenrolled and those in the Moratorium to push for justice for ourselves and our children and grandchildren who will be robbed of their rights. It is time. Justice is always served, Look at Bernard Madoff, it took over 10 years for his schemes to catch up with him, but it did and now even those in places of power are distancing themselves and some are even paying back contributions he made to them. When exposed nobody will want to touch Pechanga. And Marc Maccarro will be the one accountable because he is a weak, weak man, and for that matter so is the tribal council because all of those individuals know right and wrong so you will all be held accountable at some time, and that will be your legacy for your children.

cideways said...

Amen! There are government agencies that should not be letting this happen. But the more people that make some noise and keep fighting the fight here and in other forms will see justice, soon. If the CPP is really doing what is right then why do they have to take illegal actions. Disenrolling TRUE Pechanga's, having Tribal attorney's throw out valid petitions brought by the people. The council doesn't run the tribe, the people do, seems like everyone has been so brainwashed by Mark and the council for so long that they've forgotten that.

Anonymous said...

"Andrew's commitment to California Native Americans led him to serve the California Nations Indian Gaming Association as its elected treasurer. He has also chaired the IDRS' Advisory Committee to the Youth Caucus, a program that instructs and empowers Indian youth in California to take an active role in monitoring California policy making. Masiel also served on the Board of Directors of California Indian Legal Services for eleven years, five of which were as Chairman of the Board. Mr. Masiel also served with the National Center for American Indians Enterprise Developer for 11 years. Mr. Masiel has also held appointments as the Tribal Representative for the Southern California Association of Governments and the Cal Trans Advisory Board. He is a regular speaker about tribal gaming, education, economic development, and social development at forums hosted by the UCLA School of Law, San Francisco State University, UC Riverside, San Diego State University and the University of Southern California." All of this taken from Pechanga's site

Imagine if all these varied agencies and locations found that Mr. Masiel is mis-representing himself as a native american. Maybe we should send links re: the Masiel/Basquez history to all those Pechanga conducts any type of business with. Especially any native american agencies, they should be made aware of Pechanga's history regarding disenrolling legitimate people, while hiding and protecting those with no legal right to the tribe or native american status.

If you are not native american can you claim sovreignty for yourself or the tribe you represent??

Anonymous said...

It might be a good idea for you to send an email to the groups to let them know about this site and others....

Anonymous said...

Tribal Sovereignty does not apply to criminal law violations or violation of the tax code or Office of Management and Budget financial accountability requirements for Governmental Entities. It is only applicable to tort law (civil matters). If the FBI, OMB, IRS or State Law Enforcement Agencies initiate actions against the tribe or tribal officers or members for matters under their jurisdiction, Tribal Sovereignty is not a defense.

Tort law is a body of law that addresses, and provides remedies for, civil wrongs not arising out of contractual obligations.[1] A person who suffers legal damages may be able to use tort law to receive compensation from someone who is legally responsible, or liable, for those injuries. Generally speaking, tort law defines what constitutes a legal injury and establishes the circumstances under which one person may be held liable for another's injury. Torts cover intentional acts and accidents (negligent acts). In contrast to criminal law (in which the offense is against the State and the State is the plaintiff), in tort law, the offense is against a person and that person is the plaintiff.

Anonymous said...

Would an elderly tribal member, who has insurance through his tribe, have a tort claim against tribal officials if he was diagnosed with a termanal illness and the tribal officials allowed him to loose his tribal status through unlawful acts? Thus loosing his paid insurance.