Friday, June 29, 2012

Former Pechanga Tribal Chair Jennie Miranda Now Disenfranchised From Tribe for THEFT

Word from the Rez:

A recent letter from the rez to our politicians has pointed out that former tribal chair Jennie Miranda has been investigated for money laundering and embezzlement from the tribe.   They were not disenrolled, as 25% of the tribe has been, but disenfranchised, a new term.  No per capita, but still get their health care.  How disgusting.   Congratulations Macarro.

As of as recent as April the Pechanga tribe has been dealing and covering RICO act violations and discussion of money laundering and embezzlement, committed by Jennie, Larry, Anthony, Andrew and Raymond Miranda all were found to have purchased slot machines illegally and illegally sold them. This family has held positions of power serving on the tribal council, the gaming commission and the Pechanga Development Corporation. 

Please be aware that this is the start of a new type of organized criminal organization. Because of sovereignty congress is to a degree giving their "blessing" to this activity by ignoring numerous violations and illegal activity. The Tribal Councils involved fear of wielding sovereignty like a sword to destroy anything or anyone that will get in the way of their agendas, legal or not. There is no concern for the individuals or the tribe as a whole.

Thursday, June 28, 2012

Interlude: Supreme Court Validates Obamacare as the Largest Tax Increase in History of America

By a 5-4 vote, with John Roberts agreeing with the liberal wing of the court, the Supreme Court rules that Obamacare is valid.

This becomes the largest tax in the history of our country.   We will now pay our tax monies to private corporations.

What are your thoughts on Obamacare?

Wednesday, June 27, 2012

ACLU to Support/Defend KKK in Adopting a Highway, Won't Defend Native Americans Whose Civil Liberties were Denied.

I sent in a request to the ACLU to look into the matter of civil rights violations at Pechanga...crickets chirping.   What do the C and L stand for in the acronym?

The ACLU of Georgia has agreed to represent a Ku Klux Klan organization that was turned down in its bid to "adopt" a section of Georgia highway, The Atlanta Journal-Constitution reports.

Debbie Seagraves, executive director for the ACLU of Georgia, tells the newspaper that the Klan reached out to the civil liberties group last week after the DOT rejected its application to participate in the statewide highway cleanup program in Union County.

"Yes, we are representing them, but we are still working on the strategy," she tells The Journal-Constitution, describing the case as a First Amendment issue.


House Subcommitte to Look at Tribal Recognition; Maybe They Should Look at Suspending Recognition of Some Tribes Like Pechanga and Pala

The dispute between two California counties and an Indian tribe is one of the issues under consideration in today's House Natural Resources Subcmte. hearing on procedures for recognizing Indian tribes.

Napa and Sonoma counties are fighting to block federal recognition of the Mishewal Wappo tribe, which lost its tribal status in 1959. The tribe is suing the federal government to regain its status.

The counties are concerned that recognition of the tribe will lead to gambling casinos and other business activities that cannot be taxed by local governments.

According to the Napa Valley Register, Napa Country Supervisor Diane Dillon will argue that the tribe can only be recognized by an act of Congress.

The hearing will focus on the question of which branch of government has authority to recognize Indian tribes and whether the Department of the Interior is exceeding its legitimate power to set federal Indian policy.

Monday, June 25, 2012

We received a letter that is being circulated to Congress and the Department of Interior and BIA.   Please send a copy to Congress, and of course, if your tribe is not represented, add a paragraph.

Honorable Congressperson

I am writing to you for your assistance and your involvement to step in on behalf of hundreds of individuals throughout Indian Country. Many gaming tribes are committing criminal and civil crimes and then hiding behind the blanket of "sovereignty" all while congress allows them this power. The most recent incident occurred when the Pala Tribal Council (southern California) disenrolled 134 members against the recommendation of the B.I.A. whom had already informed the Tribal Council that the individuals in question provided documentation to prove rightful enrollment into the tribe. The tribal council refused, ignored and unjustly disenrolled these individuals, going as far as removing these families from their homes on the reservation; these families have never lived off of the reservation and are presently homeless and destitute.
Prior to Pala's Tribal Councils actions, Pechanga Tribal council allowed the disenrollment of two families; 230 members not counting children. When one of the families, the Hunter’s was being investigated Pechanga hired Dr. John Johnson a renowned anthropologist from Santa Barbara to dispute the documentation the Hunters had. Dr. John Johnson's findings did the opposite; his report only verified and even added more documentation and factual information to prove them to be rightful tribal members. Pechanga's enrollment committee, during their disenrollment proceedings decided not to use his report and disenroll this family with no factual documentation only hearsay, Jointly the Tribal Council and enrollment committee went as far as overruling the general memberships vote to put a stop to all disenrollment including that of the Hunters.
As of as recent as April the Pechanga tribe has been dealing and covering RICO act violations and discussion of money laundering and embezzlement, committed by Jennie, Larry, Anthony, Andrew and Raymond Miranda all were found to have purchased slot machines illegally and illegally sold them. This family has held positions of power serving on the tribal council, the gaming commission and the Pechanga Development Corporation. Please be aware that this is the start of a new type of organized criminal organization. Because of sovereignty congress is to a degree giving their "blessing" to this activity by ignoring numerous violations and illegal activity. The Tribal Councils involved fear of wielding sovereignty like a sword to destroy anything or anyone that will get in the way of their agendas, legal or not. There is no concern for the individuals or the tribe as a whole.
Another example is that of San Pasqual where individuals have the opportunity to file a final appeal with the B.I.A., the B.I.A. reviewed the case and decided to rule in favor of those disenrolled, Mr. Larry Echohawk overturned the decision, in turn this was appealed in a court of law, the ruling again found in favor of the disenrolled whom were to be reinstated as members of the tribe with all benefits returned to these individuals, again Mr. Echohawk overstepped his authority and directed the tribal council to deny the benefits to these individuals, interestingly the court's ruling had found Mr. Echohawk's decision to be biased. The Tribal Council knows they are ordered to reinstate these persons but refuses to do so. To be noted is the fact that Mr. Echohawk has resigned from his position. The BIA has a legal responsibility to fix this.
As my congress person I demand you have the B.I.A. enforce, The Commissioner of Indian Affairs Delegation of Authority Regarding Tribal Enactments section 18. If the tribes do not follow the outcome then all federal funding should be cut off until the tribe does so. I would not like to see the beginning of a new criminal organization when congress should have stepped in to prevent this. For more information please refer to, a blog chronicling the for mentioned.

Friday, June 22, 2012

Fresno Accepts Chukchansi Tribe's BLOOD MONEY for Deadbeat Grizzlies Baseball Team

The MAYOR calls it character. It's blood money. Erick Rhoan of Strict Liability in Blog points us to the ABC story

The City of Fresno got a $350,000 check from the Picayune Rancheria of the Chukchansi Indians Thursday. The payment gets the Fresno Grizzlies up to date on its rent agreement with the city and is an important boost, for both the cash-strapped team and the city.

It's no secret that the Grizzlies have been struggling. The team lost more than $1 million in 2011, and had been falling behind on their lease payments. The check presented Thursday takes care of that -- but it's actually an advance for what Chukchansi Gold Resort and Casino owes the Grizzlies for naming rights on the stadium. In September, casino was scheduled to make a $1 million payment to the Grizzlies for those rights.

Mayor Ashley Swearengin said while the money given to the city by the casino Thursday will make up for what's owed in the current budget year and certainly helps cash flow, another $300,000 is due in the fall. "When you look at the rent credit that they have due, as well as the additional naming rights funds they have coming between now and September, the city has a reasonable level of confidence they're going to be even at the close of the season," said Swearengin.

OP: This does NOT show character, Mayor Swearengin, this is simply a PR stunt. Doing the right thing by bring all Chukchansi people home would show character. The people YOU accepted money from, threw a Chukchansi language speaker out of the tribe. They threw flaming logs into a group of protestors. They did not make their bedbug issus public until WELL after the fact. That is NOT CHARACTER.

While team management was absent from the press conference Thursday morning, Fresno Grizzlies Managing partner Chris Cummings issued a statement. The statement read, "I was surprised and pleased when Chukchansi offered their help. The best acts of generosity are the unexpected ones, and Chukchansi showed their true character in this process... With Chukchansi stepping up, the Grizzlies will be able to focus on sticking to our organization's promise: Entertainment for the whole family at an affordable price," said Cummings.

Read MORE about the DESPICABLE CHUKCHANSI TRIBE AT THESE LINKS: Picayune Rancheria of Chukchansi Indians

Chukchansi Issues

Chukchansi Council Dispute

Morris Reid

Fresno Bee

Dispute at Chukchansi

Violence on Elderly

Thursday, June 21, 2012

#StopDisenrollment: NEVER GIVE UP In the Struggle for Our Rights

I was sent an article entitled 22 Reasons to Never Give UP by my cousin Russ, at a point where I was feeling a bit low about working the blog and the fact that a number of our people have dropped out. But, I’ve read it a few times and now I’m going to adapt some of it where it would pertain to those of us that have been harmed by their tribes.

At some point in the various journeys we embark on in our lives, we get to a part where we feel like giving up. Sometimes we give up before we even start and other times we give up just before we are about to make that huge break-through that we have been putting so much effort in to achieve.

I have created this list of 22 reasons why you should never give up and I hope that you will find it before you give up, so that I can inspire you to keep going!

1- As Long As You Are Alive Anything Is Possible

The only valid excuse you have to give up is if you are dead. As long as you are alive (and healthy and free) you have the choice to keep trying until you finally succeed.    OP: Why give up when all we are expending is TIME? “I don’t have the time” is one refrain, of course they can tell me all about the “Real Housewives of New York” or “Keeping Up With the Kardassians.” WTF? You can email a letter WHILE you are watching those shows.

3- Michael Jordan

Arguably the best basketball player of all time. He attributes his success to all his failures. He just never gave up even when he knew he had missed over 300 shots and had missed the winning shot of the game many times. Every time he got knocked down he got back up again.    OP: Never mind that Wilt Chamberlain was the best of all time. The point is, keep going. Sure the last fax/letter didn’t get an answer, but the next one might. I once got a call EVERY WEDNESDAY morning at 7:15 a.m. from a job applicant I interviewed but didn’t have a position available. Ultimately, she DID get a position. She was a terrific employee too.

7- Chris Gardner – The Pursuit of Happiness

Have you seen the movie “The Pursuit of Happiness”? It is based on the life story of Chris Gardener, a man who went for the lowest of the lows in an environment where most people would give up (no money, no job) to the highest of the highs (A millionaire with his own investment firm). If you ever think about giving up, watch this movie! OP: NEVER GIVE UP. Excellent movie. For GREATER GLORY is also a great film showing how the Catholics of Mexico stood up to a corrupt government.

9- Nelson Mandela

Campaigned for justice and freedom in his South Africa. Spent 20 years in jail for his opposition to apartheid. On release he healed the wounds of apartheid by his magnanimous attitude toward his former political enemies.   OP: 20 years fighting for what was RIGHT. FROM PRISON. We still have our computers, our phones, IPADS.

10- You Are Strong

You are stronger than you think. One little setback is not enough to stop you from achieving your goals. Neither are 10 or 100 or 1000 setbacks.

11- Prove Yourself

You don’t want to be known as someone that is weak and gives up. Go out there and prove yourself to the world and to yourself. You CAN and WILL achieve what you set out to do. The only time you fail is when you give up.    OP: MANY times I’m asked, “WHY won’t someone DO something to help us?!?” WHY should they when we aren’t ALL doing something to help ourselves out? We need to double our efforts, so those in position to help, WILL help.

14- Your Family and Friends.

Let the people you love and who mean the world to you be your inspiration to persist and persevere. Maybe you need to try a different angle, study more or practice more but don’t give up!   OP: All of us have a lot of extended family. We need to have these discussion around the dinner table. You need to talk to your friends about HOW Pechanga, Chukchansi, Pala, Redding have HARMED you and your family. ASK for their help!

15- Because I Tell You To.

Not that I am any sort of guru or Godly figure, but if you want to give up then don’t. Just because I’m telling you not to. OP: This just reminds me of my parents. So

17- Improve Our World

When you achieve whatever you set out to achieve you can use your success to make a difference to the world or other peoples lives. OP: For example, the recently disenrolled Chukchansi should be coupling with the first group disenrolled to bring the tribe together. One thousand strong, they would be an imposing force. One thousand letters make a statement. Similarly, ANY disenrolled who get back in their tribes should help those who are in moratoriums get their rightful place.

19- Let The Haters Hate

There will always be haters. There will always be plenty of naysayers and people who try to tear you down. Don’t pay attention to them and don’t take what they say to heart. Let the haters hate and you keep believing in yourself.   OP: On our blog, we get some commenters trying to get us to quit. Well, NO. If the tribe had quit when gambling was illegal, there would be no casino. Other tribes have been fighting for decades for water rights.

21- Inspire Others

Be an inspiration to others by refusing to give up. Who knows what someone else can achieve because you never gave up and in turn inspired them not to give up. OP: Spread the word about our blog to others. Snoqualmie too back their tribe, Laytonville put some people back into the tribe. We have done good, AIRRO keeps hope alive. YOUR help is needed. YOUR letter could be the one that breaks the camel’s back!


Supreme Court Decision Could Affect Disgraceful Enterprise Rancheria's Casino Plan

U.S. Supreme Court decision on tribal casinos this week could present another challenge to the Enterprise Rancheria project, both proponents and opponents said.

The president of a gaming watchdog group called the decision in Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak a game changer because it'll allow private citizens more opportunities to challenge a proposed casino.

"In the past, the Department of the Interior was obligated to accept letters of comment on a proposal, but didn't have to read or even consider them," said Cheryl Schmit, director of Stand Up For California!, whose Penryn-based group has opposed Enterprise Rancheria.

"Now we potentially have a level playing field," she said.

However, an attorney for the tribe said the court's 8-1 ruling sending the case back to a lower court wouldn't apply directly to Enterprise Rancheria because the proposed Yuba County casino is at a different stage.

Attorney John Maier said the court's ruling allows someone to challenge a tribe after lands were taken into trust. But Enterprise Rancheria is still awaiting Gov. Jerry Brown's decision on whether they can do so, and the governor has until the end of August to make his ruling.

Even then, Maier said, existing law allows for a 30-day period to challenge such a decision. The ruling by the U.S. Supreme Court would allow challenges after the period, he said.

"It may not make much difference at all," Maier said, adding the facts in the Supreme Court case, which centered on when the tribe received federal standing, wouldn't apply to Enterprise Rancheria, whose sponsoring tribe was recognized by the federal government nearly a century ago.

But the landscape has shifted, said Josh Cook, a political consultant who has worked with a Butte County tribe opposed to the Yuba County casino.

"This changes everything. Before this ruling, local people were shut out of the process. This ruling requires the federal government to consider local input from citizens," Cook said in an email. "Now the process will include the input of citizens."

Schmit also said the ruling adds to the argument against Brown approving the casino. The governor's office has not indicated when he'll make such a ruling.

Wednesday, June 20, 2012

Interlude: Fast and Furious: House Committee Votes to Hold AG Holder in Contempt For Withholding Documents on the Deaths of HUNDREDS of Mexican Citzens.

Of course it's disgraceful about the death of border patrol officer Brian Terry. But sadly, what doesn't get mentioned is the hundreds of Mexican citizens who have died via the weapons that Holder allowed to be sold to Mexican cartels.

The House Oversight and Government Reform Committee, led by Republican Chairman Darrell Issa (Calif.), approved a resolution along party lines to place Holder in contempt after battling him for months over access to internal agency documents about the gun-tracking operation Fast and Furious…

Compared to Watergate, the body count is enormous. Same as Abu Ghraib. NOW, if we can get Darrell Issa to stand up for all the tribal people who have been harmed by their own tribes.

Open Letter to Pala People on Corruption at the Executive Level

I received this open letter to the Pala people.


The Margarita Brittain fight is more your fight than you think. There are several implications related to the Executive Committee’s recent decision to disenroll several members of the Brittain Family.

  Why is it your fight too??

  Under the new rules of the Executive Committee they can now disenroll anyone they want to disenroll.  Is this really what you want for Pala. You want you and your family to constantly live in fear that the Executive Committee will take away your heritage and your per-capita with a single stroke of a pen.

  The use of the 1928 Roll as proof of eligibility for enrollment with the Tribe is a violation of our Constituion.  Under this new rule by the Executive Committee, Committee members Dion Perez , Theresa Nieto are not eligible for enrollment in Pala because the 1928 Roll shows their family to be from Morongo and Cahuilla and not from Warner Springs/Valley.

  The children of Leroy Miranda should not be enrolled because the 1928 Roll shows that they are Yaqui Mexican.

  More significantly, the 1928 Roll shows more than ½ the Tribe to be ineligible for enrollment just as the descendents of Margarita Brittain.  Not your fight?    YOU'RE NEXT!

  More importantly to you, when the Brittains win, and they will, are you prepared to have your per-capita slashed in order to pay the back money owed them as well as damages. The sooner this is ended the better it is for you. Damages are accruing at a rate of $2 million a month. Think about it. It will be your debt.

Tuesday, June 19, 2012

Pechanga Tribe, Which Sent Many of It's Elders Into The Cold, Request Prayers For Mountain. Pechanga Once Contemplated their OWN Granite Mine

It's sadly comical that the tribe, which violated the civil and human rights of 25% of it's people is asking prayers for a sacred mountain.   Never mind that Pechanga was looking to open it's own mining operation nearby, bringing samples to the tribe for examination.    There are emails below to contact them.

Members of the Pechanga Band of Luiseno Indians request your prayers on National Sacred Places Prayer Days, observed June 16-24
Over the past year, the tribe has ardently worked to defend its original lands from Granite Construction’s proposed Liberty Quarry—an open-pit mine that would stretch 414 acres between San Diego County and the southern border of Temecula, California that is rooted in the Pechangacreation story. The tribe has called Temecula home for more than 10,000 years.
“The phrase that comes to mind first is preposterous,” said Paul Macarro, the tribe’s cultural coordinator, in reference to Granite’s claims that the proposed quarry site is located “outside the boundaries” of the most significant places in the tribe’s story, reported the
In reality, the proposed quarry would gouge into a sacred mountain within the Luiseño People’s place of origin. The area is home to the Kammalam (ancestors in the form of rocks).
After numerous public hearings before the Riverside County Planning Commission and Board of Supervisors, the quarry was denied on August 31, 2011. According to, the commission rejected the quarry due to potential health risks, such as poor air quality, and environmental hazards, like visual and noise impacts, fire and emergency response. The Tribe was not consulted by the County of Riverside on these impacts during environmental review.
But the tribe’s seeming victory could be short-lived if Granite successfully submits a revised application to the mine in the near future. The Board has voted 3:2 to approve the inadequate environmental document under the California Environmental Quality Act. The decision keeps the Luiseño Ancestral Origin Landscape at risk.
Parts of this Origin Landscape have been listed on the National Register of Historic Places since 1973 as the Murrieta Creek Archaeological Area (exva Temeeku) and are also listed in the state’s Sacred Lands File Inventory.
Granite Construction wants to blast into the sacred mountain to produce aggregate rock. The quarry could operate for 75 years and, even after reclamation, would remain a “permanent scar” within the sacred landscape, according to the Pechanga people. The quarry would also intrude on the headwaters of the Santa Margarita River, the last remaining free flowing river to reach the Pacific Ocean in Southern California. The giant pit would be located adjacent to the Santa Margarita Ecological Reserve, which also includes part of the Origin Landscape.
Kelcey Stricker, one of the San Diego State University (SDSU) researchers working at a research field station west of the proposed quarry site, said some animals, especially mountain lions, would leave the area rather than adapt to the changes brought about by the quarry including noise and light.

Furthermore, the quarry would kill the mountain and forever disturb the sanctity of this incredibly beautiful and scenic area.
Pechanga respectfully requests prayer that:
1) Efforts to permanently prevent mining in any form at this location are successful and that
2) Tribal efforts to have this Origin Landscape formally recognized and protected will be successful.
For more information on the efforts to protect the Luiseño Ancestral Origin Landscape from the Liberty Quarry, contact Paul Macarro, Pechanga Cultural Coordinator at: or (951) 770.8102 or Jacob Mejia at: or (951) 770.2595

Monday, June 18, 2012

10 Things YOU Can Do To Stop Lawlessness In Indian Country

A re-post of a timely article:

10 Things YOU Can Do to Stop the Lawlessness Like Pechanga and Picayune Tribes Of California

We published this earlier last year from the President of AIRRO, and we think it's still timely. You can help us and help your Native American friends who suffer at the hands of tribes like: Pechanga, Picayune, Redding, San Pascual, Enterprise, Guideville.

10 Things You Can Do To Help Stop the Lawlessness in Indian Country
1. Call, Write, and Email your Congressional representatives and tell them that the violations of human rights and civil liberties must be stopped and the violators must be prosecuted.

OP: If only 10 people send a letter, it makes no impact, 11 is more, 120 is better. Don't sit back and hope somebody writes a letter, or email or fax. Send one yourself and one for your wife and kids and ask your neighbors if you can send one on their behalf.

2. Write letters to the editors of your local newspapers describing the violations of human rights and civil liberties occurring in Indian Country.

OP: How do you think we got a news piece on KNBC (linked at my blogroll)? The editors will right about what their readers want to read.
3. Boycott Indian Casinos owned by those tribes whose tribal officials have violated the human rights and civil liberties of its citizens and customers. (List coming soon to Pechanga.Info Homepage)

OP: I used to spend $3,000 a year at Pechanga, but no more. I tell people now, not to go there, and why.

4. Get others to boycott with you.

OP: How about your high school reunion committee that's thinking of having it at the casinos? NopeAnd send a letter to the casinos telling them WHY you aren't having it on their properties.

5. Stand beside those who have been wronged - walk the protest lines, carry a sign.

6. Speak out about the injustices occurring in Indian Country. Don't hide behind the fear "that you might be next".

OP: Bullies will beat up on those who won't defend themselves. We are living proof.

7. Stand up to your tribal leaders and show them that you won't tolerate being a part of creating another era of dishonor and genocide against Indian People. Do not hide behind the shame of what is being done to your family and friends

OP: Had more of the other families brought their relatives in to vote, we wouldn't be in this situation. One vote lost by 4 votes.

8. Join and support the American Indian Rights and Resources Organization or any other organizations that work to promote, protect and preserve human rights and civil liberties in Indian Country.

9. Persuade local business and community leaders not to accept Casino money from tribal officials that violate the human and civil rights of any individual.

OP: How is it that school districts will support illegal immigration, but not support those who suffer the violation of civil rights by their Native neighbors?

10. Support and encourage those who have had their human rights and civil liberties violated by tribal officials.

OP: Say, like commenting on blogs, or passing the blog address to friends or visiting the blogs 3-5 times a day to show some love? Or now, with social networking sites like Facebook and MySpace, you can link to blog stories so that all your "friends" can see it on their profile pages. Also, become friends with politicians and newspeople so you can share the stories with them.
For more information on the fight to end lawlessness in Indian Country, please continue to visit or contact or

TRAIL of JEERS: Warren Refuses to Meet With Cherokee Women; I Guess Because they Are Native American, Not Like Herself.

Didn’t Elizabeth Warren claim that she called herself Native American so she could meet with others like herself? Yeah, well, that’s out.
Four outraged Cherokee activists who say Elizabeth Warren’s campaign has ignored their emails and phone calls will trek to Boston this week in hopes they can force a meeting with the Democratic Senate candidate over her “offensive” Native American heritage claims.
“It’s almost becoming extremely offensive to us,” said Twila Barnes, a Cherokee genealogist who has researched Warren’s family tree. “We’re trying to get in contact and explain why her behavior hurts us and is offensive, and she totally ignores that. Like we don’t exist.” …
The existence of real Cherokee with actual standards for claiming Native American status is an inconvenience. So it’s better for Warren to pretend that they don’t exist. Or, at least, it’s easier.    

I believe staffers will meet with her.      Fake Indians are EVERYWHERE!   Right Butch Murphy?

Supreme Court Rules 8-1 Suit Against Gun Lake Tribal Casino Can Go Foreward

Another Crack in the Sovereignty Dam?

The Supreme Court won't stop a lawsuit seeking to shut down a Native American casino in Michigan.

The high court on Monday upheld a lower court decision that would allow casino foe David Patchak to sue to shut the casino down.

The Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians, also known as the Gun Lake Tribe, opened a casino in Wayland Township, 20 miles south of Grand Rapids. Patchak challenged how the government placed the land in trust for the tribe, saying that the move was illegal because the tribe had not been recognized by the government in 1934 when the Indian Reorganization Act was passed.

A federal judge dismissed his lawsuit but the high court in an 8-1 ruling decided it could move forward. Justice Sonia Sotomayor was the only dissent

Thursday, June 14, 2012

IRS May Tax Per Capita Payments, Benefits

Those of us who lived off the reservation know we paid federal and state taxes, here is a Washington Post article on the IRS looking for revenue.   What are your thoughts?

John Yellowbird Steele, chief of the Ogalala Sioux Tribe, said the Internal Revenue Service is failing to recognize tribal sovereignty by trying to tax government-funded assistance such as housing, school clothes and burial aid that tribes give their members.
Speaking to a Senate panel Thursday, Steele invoked the treaties between the U.S. and his South Dakota tribe as he criticized the IRS for what seems to be a stepped-up effort to tax tribal assistance.
“We fix houses, and they want us to put a value on how much that lumber cost to patch a hole in a roof or a floor, put shingling on, they want us to put a value on that and give the person a 1099” tax form to possibly be taxed on the help, Steele said. “The next year, where are those people going to find the money to pay the IRS?”

The IRS over the years has narrowed its tax exemptions for federally, state and locally funded social benefits for tribe members so that only those with significant financial need do not have to pay taxes on the benefits, tribal leaders said.

The agency has been meeting with tribes to develop and clarify rules on what is taxable under the General Welfare Doctrine, which governs whether the assistance tribal members receive should be counted as income and be taxed. But as the meetings have gone on, tribes are getting notices that they are being audited, Steele said.

Steele said the tribal assistance helps members raise their living standard and in some cases survive. He accused the IRS of launching a fishing expedition, saying his tribe has been asked to provide documentation on payments to employees, council and tribal members; petty cash and bank records; health care benefits to tribal members and employees, and Pow Wow prizes, among other things.
“The IRS violates our treaties when it seeks to tax the basic government services that our tribal government provides our citizens,” Steele said in written testimony.

Wednesday, June 13, 2012

The Indian Civil Rights Act at FORTY - A Mostly Toothless Law Trusting Tribes to Act Responsibly

Here's a quick review of the book  The Indian Civil Rights Act at Forty by Kristen A. Carpenter, Matthew L.M. Fletcher, and Angela R. Riley (eds.).  Because there was no enforcement placed into this act, Native American citizens have been abused by their tribes, stripped of citizenship, banished without cause.   We simply need to add enformcement.

The past six decades have seen a revolution which advanced the human rights of indigenous peoples worldwide. The Indian Civil Rights Act at Forty evaluates one vital part of that revolution, the effectiveness of the Indian Civil Rights Act of 1968 in promoting individual rights and Native American sovereignty. Together, this set of essays argues that the extension of rights to the American Indian tribes has adapted well, so long as each tribe has been free to interpret the Act within its own traditions.

During the 1950’s and 1960’s the former assimilationist policies of the United States were eroding as colonialism was dying worldwide. The Indian Civil Rights Act of 1968 (ICRA) extended individual rights onto the tribal reservations. The Act provided for a variety of guarantees which track those of the Bill of Rights: freedom of speech, due process, equal protection, a speedy trial and others.

For readers unfamiliar with this area of law, the United States Constitution does not apply by its own terms to the Indian tribes, whose existence antedates the Constitution. Federal statutes apply to the tribes because of the powers of Congress under the Indian Commerce Clause of the Constitution.

Like most laws, ICRA had unintended consequences. But unlike many laws, these were for the better. The original intention was to protect individual rights on the reservations. But, with the exception of federal habeas corpus relief, ICRA gave the federal and state courts no enforcement authority. That gap opened the way for tribal courts.

In 1978 the U.S. Supreme Court rejected an equal protection challenge to a tribal rule that permitted enrollment of children whose fathers married outside the tribe, but not of children whose mothers married outside the tribe. Santa Clara Pueblo v. Martinez rested on the principle that ICRA could not be enforced by a private cause of action in federal court; as to such questions, the tribes remained sovereign.

After Santa Clara Pueblo, interpretation of ICRA was left almost exclusively to the tribal courts. Thus the tribal courts have gained four decades of valuable experience in applying ICRA under their own tribal laws and customs. The application has ranged from outright adoption of federal law to thoughtful adaptation of tribal customs and beliefs. But the decisionmakers in this process have been the Indian tribal courts.

Together, the fifteen authors have done the essential spadework; they have tracked down scores of tribal constitutions, statutes, and case law that apply to ICRA. To the extent that numbers can convey scholarship, there are about 1,600 footnotes over about 77 pages. The sources include tribal authorities from the Navajo Nation to Bill Moore’s Slough, a settlement in Alaska. So apart from its effective analyses, the book becomes valuable just as a database. This intensive research represents a great deal of time saved for the academic and the practitioner.

All the authors who analyzed available tribal authorities cited the difficulty of generalization. This diversity is a reasonable result of possibly hundreds of different tribal courts. [*288]

The Indian Civil Rights Act at Forty offers one chapter about the role of the U.S. Department of Justice and eleven more which cover five substantive areas. Here are the chapters and the thesis of each. I can offer only a glimpse of the rich variety of viewpoints presented by this book.

Tuesday, June 12, 2012

Bureau of Indian Affairs Says: "There Was NO Evidence Provided to Support The Disenrollment of These Individuals"

We have for our readers, a letter from the Acting Regional Director of the Bureau of Indian Affairs Dale Risling that shows that Robert Smith disenrolled Pala Members without evidence.

The Pala disenrolled have started their own blog: Pala Watch For all things Pala, this is the place to go.

Is that a criminal act?

RD Recommendation 6.7.12[1]

Is it criminal to deprive tribal members of what they are rightfully due?

Is this the kind of business you can trust your entertainment dollars to?

Remembering Redding Rancheria Chairman Robert Foreman

Today is the late Robert Foreman's birthday.   As a remembrance, I've posted his obituary from November 2008:

Bob Foreman, Redding Rancheria's first tribal chairman and a pioneer in north state American Indian health clinics, died Wednesday after a long illness. He was 72.

Bob Foreman, Chairman of The Redding Rancheria
Dishonored by a Corrupt Council
An Achumawi Pit River Indian, Foreman was remembered Thursday by friends and family as a tireless advocate for Indian rights, skilled communicator and loyal patriarch.

He was born June 12, 1936, in Lake County. A veteran of the U.S. Navy, he worked in construction as did his father, said daughter Carla Maslin of Redding. In the late 1960s, he began his campaign to get Indians health care in the north state.

His efforts paid off in 1971, with the opening of the federally financed Shasta-Trinity-Siskiyou Rural Indian Health Center in Anderson.

"Bobby was a real devoted guy to his tribe," said Everett Freeman, tribal chairman of the Paskenta Band of Nomlaki Indians near Corning. "He almost single-handedly got Indian health to where it is today."

Larry McClanahan, a Navajo Indian who moved to Cottonwood from Arizona in 1972, said Foreman was one of the first people he met in the north state. He and his family were glad to receive clinic services.

"He took me as I was," McClanahan recalled. "He was a man that was concerned for people."

Rod Lindsay, a Shasta Lake city councilman who works with the Office of Indian Education for the Anderson Union High School District, also met Foreman through the clinic. Lindsay said Foreman was a mentor for many, sharing his knowledge of culture and history with the young.

Foreman also was instrumental in organizing the Redding Rancheria Indian Health Clinic on Churn Creek Road and served as director, later retiring as self-governance coordinator for the rancheria, Maslin said.

In 1985, when the rancheria regained its tribal status, Foreman was elected as its first chairman and subsequently served on the tribal council.

But in 2004, he and all his family members were disenrolled after a bitter dispute over his mother's maternal lineage. The struggle took a toll on his health, Maslin said.

Foreman suffered from heart and kidney problems, she said.

Leah Harper, a family friend of more than 20 years who does native medicine work in Redding, said she wanted to stand out in front of the Churn Creek clinic with a "thank you" banner in Foreman's honor.

"I believe that Bob had the heart of the native people and he wanted to make a difference for them," she said. "Bob was loving and the children are loving and they work very hard."

In addition to Maslin, Foreman is survived by three daughters and three sons, as well as 15 grandchildren and 14 great-grandchildren. Funeral services are pending.

For her part, Maslin is grateful her father last year was able to do something he'd always wanted - to see the Grand Canyon.

"He actually got emotional just looking at it," she said. "He was in awe of its beauty and couldn't believe the world had such a beautiful place."

His family is still fighting for their right to belong to the tribe that Mr. Foreman worked so hard for.  The Redding Rancheria council members who abused their power and disgraced themselves, should be ashamed..and shunned.

Pala Chairman Robert Smith Not Providing Equal Protection for His Tribal Citizens?

I received some information regarding Pala Chairman Robert Smith's use of selective enforcement on their recent disenrollments:

There is a great deal of dialogue going on with Robert Smith’s arbitrary, capricious and patently illegal application of information taken from the 1928 California Indian Judgment Roll. This application of “Rocinda Nolasquez” raises more question about why no one has bothered to raise any concern about the official correction made that disallows “Mexican Indian blood” to calculate an applicant’s Indian blood.

Please note that Rocinda lists Merced Nolasquez as her mother. Uncontroverted historical evidence proves Merced and Margarita Brittain were half-sisters with the same father, Peligrino Ortega.

I hope this specific application can be placed in public view to inspire discussion on the violations by the Smith regime of human rights and rights of the disenrolled guaranteed by the federal Indian Civil Rights Act.


It seems that Chairman Smith has some explaining to do. Why did they not disenroll the family of Merced? We should again ask for field hearings.

Tuesday, June 5, 2012

Civil Rights Abusing Tribe, The Pechanga Band of Luiseno Indians, Largest Special Interest Donor Tribe

According to a recent Stanford project,   The Pechanga Band of Luiseno Indians, founded by an executive order in 1882, has spent more on political contributions than any other tribe in the state since 2000.  The bulk of its donations – 90 percent – worked to sway gaming-related ballot measures, and the tribe had its way each time.  

The tribe, which is well known to have stripped the citizenship of 25% of it's tribe has given  $49,640,206 to winners, $357,063 to losers

Remember when Pechanga, led by Mark Macarro tried to keep Californians from voting? 

See report here  to see how Pechanga has spent some of the money it has stolen from rightful members of the tribe they disenrolled.

Sheriffs to SCAN License Plates at Pala, Rincon, San Pasqual casinos. If you are concerned about privacy rights, STAY AWAY!

A new patrol vehicle that is able to scan hundreds of license plates at a time was deployed Monday in Valley Center, Sheriff's Department officials said.
The $78,673 Dodge Charger was purchased with a grant from East County gambling tribes, officials said. It's not the first vehicle equipped with plate-reading technology, but it will be the first to be used in the county's rural areas, said Lt. Michael McClain of the Valley Center sheriff's substation.
"It's fantastic to have this at our disposal," McClain said.

Sheriff's officials said the vehicle will be used in North County casinos, such as Pala Casino and Valley View Casino, which have multiple-level parking lots. Deputies will be looking in particular for stolen vehicles.

Can you say:  VEGAS BABY!

 The Valley Center substation serves the communities of Valley Center, Pauma Valley, Palomar Mountain and Rancho Guejito. It also serves several reservations, such as La Jolla, Pala, Rincon and San Pasqual. The money for the vehicle came from the Barona Band of Mission Indians and the Sycuan Band of Mission Indians through the Indian Gaming Local Community Benefit Committee.

The committee was formed to distribute grants aimed at reducing the off-reservation problems caused by tribal gaming, such as crime, traffic and gambling addiction.

Sunday, June 3, 2012

Snoqualmie Tribe Holds Elections. Elects Carolyn Lubenau as Chair. Bodes well for the People.

Congratulations to the Snoqualmie people

The tribal election had 3 times the required quorum for a General Membership meeting "The Snoqualmie Tribe General Council held elections on Saturday, June 2, 2012. 

Elected to council were, Chairwoman Carolyn Lubenau, Council Members, Alan Sanders, Bill T Sweet, Dan Willoughby, Jolene Williams, Kanium Ventura, Marilee Mai, RaeAnn Wahsise, Richard Zambrano, Sharon Frelinger, Alternates, Michele Wood & Nicholas Burley. 

The Tribal Council is working diligently on the transition plan.  We will keep you informed."

Did Pala Chairman Robert Smith Vandalize? Or is he just a JERK?

We have received a link to a YouTube video showing Pala Chairman Robert Smith committing vandalism at a local store which displayed a letter from the BIA:

. what do you think?

Friday, June 1, 2012

Santa Ysabel Chairman Equates Debt Collection to Trying to Put Casino Out of Business

Look, pay the bills you owe! You asked for these services, but you don't want to pay for them? You owe a debt, figure out how to manage a budget, Mr Chairman.

The National Indian Gaming Commission (NIGC), the federal agency charged with oversight of gaming on Indian lands, has warned the County of San Diego that its recent debt collection effort against the Iipay Nation of Santa Ysabel could violate the Indian Gaming Regulatory Act (IGRA).  

          Due to the recession and financial condition of its casino, the tribe has been unable to meet the agreed payment schedule under an arbitrated settlement reached in 2010. In its collections effort against the tribe, the county has attempted to levy against the tribal casino’s operating accounts.  In a letter yesterday to County Attorney Thomas Bunton, the NIGC cautioned the county that seizure of the tribal casino’s operating monies would violate Indian gaming laws. 

The NIGC explained that collection of the casino’s operating monies would amount to management of the tribe’s casino and that “IGRA prohibits any party other than an Indian tribe from managing a tribal gaming facility without an approved management contract. 25 U.S.C. §2711.”  Management without a management contract expressly approved by the Chairperson of the NIGC is illegal and could result in the voiding of the intergovernmental agreement under which the county is seeking $3 million.

This warning comes on the heels of the county’s attempt last month to attach the tribe’s non-gaming financial accounts—accounts that contain federal grant monies necessary to the operation of the tribal government and the provision of critical governmental services to the tribe’s membership.

“The county has decided not to play by the rules. In spite of the financial pressure we’ve been under, we have not laid off a single worker,” said Tribal Chaiman Virgil Perez. “You would think the county would put some value on those jobs. Instead, they’re apparently trying to put us out of business, and I am not going to let that happen.”