Monday, March 14, 2016

MONTEAU: BIA SHIRKING IT's Fiduciary and TRUST Responsibilities...AGAIN and AGAIN

Attorney Harold Monteau  a founding partner of the law firm, Monteau and Peebles, which was the tribal attorney for picayune during the HUGE disenrollment of over 600 chukchansi people in 2006, has a piece about the BIA betraying its trust responsibility to Native Americans in not following due process in TRIBAL DISENROLLMENT which is stripping of citizenship from tribes.
The entitlement of Native Americans to benefits and services from the United States, as trustee for Indian Persons and Indian Tribes, cannot be terminated without due process of law on the part of the Bureau of Indian Affairs (BIA).
The fiduciary duty of the U.S. Government cannot be so easily disavowed by the BIA when to do so involves the enforcement of a legal standard of “blood quantum” or “membership”, whether it is by the BIA or by a surrogate, such as an Indian Tribe.
Those standards made their way into Federal Law at a time when the policy of the United States was to work towards the termination of the Indian Tribes and the Trust Responsibility by enforcing policies that would cause the eventual disappearance of Tribes and disbursal and disappearance of individual Indians “into the mainstream” of society.

Such a policy comports with no “fiduciary” standard known to western jurisprudence. A “trustee” cannot facilitate the “disappearance” of a “beneficiary” any more than it would comport with Fiduciary Responsibility to bring about the demise of the beneficiary in order to terminate the duties of the trustee. Such a policy meets the definition of Genocide.

Read more at Indian Country Today

4 comments:

Anonymous said...

The BIA does not follow their own rules, Tribal Leaders do not follow their own rules, the NCIG does not follow their own rules, the ASIA does not follow their own rules, and the DOI does not follow their own rules. The problem with this is that Rules are made for a reason and when they are not followed someone gets hurt. That is what is happening, from the top to the bottom the rules are being ignored for whatever reason and the ones being hurt are at the bottom of the totem pole. This cannot continue,it will eventually implode on the whole system.

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Anonymous said...

There is no need for a B.I.A. really"",...it was created in the war department as a "Fall Guy"..The Federal Government doesn't want the headaches.." Lmao!~ Cant Wait~Until The San pasqual Kumeyaays~ give them feds..the worst Nightmare migraine" in history!...@nd all fingers pointed to the Misguided..B.I.A who employees fat and nasty carless, dumb...and stupid people.Ha!...did I mention.."Retarded"...lol...And I have a long list of names and info on were they spend...there social lives. Ha!."And they know this too well..this is one reason ..there attorneys are freaking out.."Anon is no joke..neither are there wolf packs..We watch them very well....
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Anonymous said...

<~ I don't mean to be funny~ but Mark macarro looks like a Queer in that
picture on the left. He has a queer look, with his queer hand, and he does queer things.. I honestly think hes a queer man.