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?

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