Subscribe to Original Pechanga

Enter your email address:

Delivered by FeedBurner

Sunday, December 29, 2013

$18 MILLION DOLLARS Stolen from ALTO family at San Pasqual. (so far)

But, I'm sure the tribe will say, "it's not about the money.
A family fighting the San Pasqual Band of Mission’s efforts to eject them from the tribe got a victory in court this week.
The Valley Center tribe is trying to remove about 60 members of the Alto family from its rolls saying they don’t qualify for membership.
San Pasqual, which owns Valley View Casino, has cut off the Altos’ share of casino profits, denied them access to tribal elections and removed them from casino and tribal government jobs.
In 2011, the Altos sued the U.S. Department of Interior, which includes the Bureau of Indian Affairs, for going along with the tribe’s plans to expel them. The tribe has tried to intervene in the lawsuit saying it has the sole authority to decide who belongs and who doesn’t.
The U.S. Ninth District Court of Appeals ruled Thursday that the family’s case against the federal agency could go forward without the tribe’s involvement.
“This is a big victory for them and it gives them hope,” said Tracy Emblem, an Escondido attorney representing the family.
Attorneys for the tribe and the tribe’s chairman could not be reached for comment Friday. In documents, they argued that the court has no jurisdiction over the tribe because it is a sovereign nation and since enrollment decisions are internal tribal matters, the court cannot intervene.
However, in her ruling, Judge Marsha S. Berzon wrote that “the Band is not a required party” in the case because the family is only asking the court whether the BIA acted appropriately in its decisions, not the tribe.
The dispute began in 2008, when the tribe’s enrollment committee decided the Altos descended from a person who was not a member of the tribe.
The family traces its tribal heritage to Marcus Alto Sr., who died in 1988 and whose lineage was questioned by another tribal member. According to the tribe, Marcus Alto Sr. was adopted by a San Pasqual family and was not their biological son.
San Pasqual rules require a biological connection to the tribe.
Under many tribal government constitutions, tribes make final decisions about who belongs. But the San Pasqual tribe’s constitution gives that authority to the Bureau of Indian Affairs.
In 2011, BIA Assistant Secretary Larry Echo Hawk sided with the tribe, overturning an earlier decision by agency’s regional director, who said the evidence submitted by the tribe did not warrant the Altos’ ouster.
In its ruling, the appellate court also upheld a lower court’s decision to temporarily stop the removal of the Altos until the case is decided.
In the meantime, the Altos remain in legal limbo, Emblem said.
Though they are officially enrolled members of the tribe, the Altos don’t get their share of the casino profits — which for each adult family member was nearly $100,000 in 2011, according to court documents. Under a court order, the tribe is supposed to be collecting the payments in a trust fund to be distributed if the family wins its case.
Emblem said some of the family members are working but others have no jobs or can’t work.
“They are getting by,” Emblem said. “They are keeping the faith.”

27 comments:

Anonymous said...

the altos have a very good chance at this. there are a lot of tribal members who are in denial saying its not true but in reality it is...considering the federal court has jurisdiction over the tribe & the BIA makes ALL FINAL DECISIONS of who is and who isnt enrolled. The altos still remain federally enrolled and were never disenrolled.....they will be back so allen & the rest of the grinches better have saved their money in an escrow account they were told.

White Buffalo said...

It is good to hear some good news. I will burn sage and say prayers that they will have their history restored.

Anonymous said...

Thank you white buffalo

Anonymous said...

What possessed Larry Echohawk to even get involved in this issue? It was settled...

Anonymous said...

Hmmmm...interesting. My great aunt never had any biological children, in which they are claiming descendency.

Anonymous said...

First of all 9:22. I can guarantee you that you never even met your Great Aunt. Guarantee.

Anonymous said...

10:02 was there a 2nd of all? They aren't San Pasqual they shouldn't be enrolled. Goodbye.

Anonymous said...

Hey 437a it's in black & white & there is absolutely nothing you can do. The federal government has the education to make those types of decisions unlike you. Just sit back and wait you'll see that Allen and his crooks were lying to the entire tribe....they never showed you the proof & said the altos were disenrolled & long behold the federal courts and BIA both said the altos were NEVER disenrolled. Read again dummy it's all in black & white.

Anonymous said...

4:37am
Second of all... I assume you follow a corrupt dictator and if you believe the lies and deception that he dispels...it really doesn't make you that much better.

Anonymous said...

didn't the B.I.A. first rule in the Altos favor. Then EchoHawk over turned it so the Altos took the B.I.A. to court. didn't the judge find that EchoHawk only used evident and documentation in the tribes favor. The B.I.A. lost and the judge ordered EchoHawk to wright a letter to reinstate them back. EchoHawk chose to ignore the court mandate and then resigned.

Anonymous said...

Where is Larry Echohawk? And why would he leave such an important position in the US Government???

http://www.indianz.com/News/2013/010705.asp

Not withstanding Echohawk left his position because of his lack of leadership in the Native American community.

Anonymous said...

I think that i read that Echohawk is the head of some church, like maybe the Morman church.

Anonymous said...

so are the altos back as tribal members or not

Anonymous said...

The 18 million went to funding the lavish and extravagent lifestyles of the tribal council and to the tribes lawyers. Instead of equally and fairly distributing the funds to all tribal members and promoting wealth and prosperity, and social programs to help the kids, they decided to blind the general council from the facts of the amount of money that went to the law firm, who is there not for the best interest of the tribe, but the best interest of their own pockets. The worst thing is that 18 million went to make the tribe worse off instead of building a prosperious community of the Kumeyaay of San Pasqual Valley

Anonymous said...

The lawyers are the puppet masters in this whole disenrollment situation for all Indians, they started it, by finding loopholes in tribal constitutions and by convincing tribal councils that they could use sovereignty against their own people, of course councils are just as guilty or evil, but the lawyers are the ones walking away with all of the money without being members, they saw the money signs and found a way to take advantage. One day these lawyers and the councils will have to pay for the evil and the corruption they have committed against innocent people, whether it be here or when they die, but they will pay, I just wish we could all watch it go down.

Anonymous said...

I'm sorry that's nothing new, private right of action (can't sue a tribe).
Unless the tribes constitution allows review.

Yet many dis-enrolled obtain a lawyer (lawyers know they are stealing their money).

Anonymous said...

To 5:18 and 3:23 no I don't follow the corrupt leader, but I do believe in the evidence I saw. They aren't San pasqual.

Anonymous said...

to 5:03a read again dummy its all in black and white! your corrupt leaders are lying to you and you are too ignorant to know the truth. the BIA lost and now they have to go with what the judge tells them. Whether you like it or not the altos will be back! You should let us know your name so we can laugh at you when the altos come back.

Anonymous said...

They're are always going to be those who benefit from certain people being in Tribal office.These are the same people who blindly follow and pick and chose which documents to believe.Good luck to the Alto Family,I hope you are successful in court.

White Buffalo said...

To anonymous of "January 6, 2014 at 8:48 AM"

It is not right to call someone a disparaging name like "dummy". How would you like it if someone called you a simple minded inconsiderate fool for not giving the statement more though. actually there are more harsh things that come to mind, but that is beside the point. That statement you made was just plain mean.

As I have been through the disenrollment process I can say that there is a lot to understand. especially when it comes to who is involved. Rather than degrade a person with such close-minded words educate those who are seeking to understand. If you are Indian have some pride and show it with your actions and words.

Anonymous said...

12:52 obviously you didn't grow up on the Rez. It's much worse than the word dummy. They run people's heritage through the mud.The reason most people are disenrolled is because they tried to fight nice. You can't educate ignorant dummies who are so close - minded and stubborn. Also you don't seem disenrolled... you should be mad as hell, ready to FIGHT FOR YOUR RIGHTS!!! That's the INDIAN WAY!!! Just as this website is still in existence the fight against Dummies continue s.

Anonymous said...

Wow telling the " Apish " people they don't sound dis-enrolled or fight ? (Did I read that right )? 11:55?

The altoids talk heep'um big shit ,but I have never seen them protest or join any Indian Group?

Pride?

Anonymous said...

They got their "paleface" lawyer like the Pechanga Council?

Anonymous said...

To White Buffalo: I apologize for sounding like a dummy. For as long as you've been writing on this page you have made some very valid points. In no way did I mean to offend the Apish. I think the frustration of being disenrolled creates a hostile environment. My apologies.

Anonymous said...

Who's the altoids?

Anonymous said...

8:48, it is sad that the Alto's had to find out the real truth. I do feel bad for them, but it isn't right to be enrolled in a place where you truly don't belong, that goes for others in that tribe as well. And I'm not a dummy, I just go by facts.

Anonymous said...

Here's a fact.

http://cdn.ca9.uscourts.gov/datastore/opinions/2013/12/26/12-56145.pdf