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Thursday, December 10, 2015

GALANDA on TRIBAL ETHICS And LACK THEREOF: Disenrollment for DOLLARS has A BILLION REASONS

Attorney Gabe Galanda has a paper out on the ethics and lack thereof of Tribes, and tribal lawyers and disenrolling for dollars

The result of the NIGC’s de facto deregulation of Indian gaming per capitas is a belief among some tribal “leaders”—aided and abetted by certain tribal lawyers—that they have cart blanche to decide “who’s in” and “who’s out” for purposes of those per caps; or, even worse, to convert tribal memberships into profits for those who remain in the tribe.


His conclusion:

The legal and ethical violations discussed above threaten Indian gaming at large. Recall that in 2006, Senator John McCain proposed an amendment to IGRA that would have required federal oversight of a “reasonable method of providing for the general welfare of the Indian tribe and the members of the Indian tribes.”
While tribes were rightly outraged by Senator McCain’s proposed encroachment upon Indian sovereignty, tribes were also put on notice that federal decision-makers will act upon the improper use of tribal per capita dollars.
It is time for the NIGC to once again regulate gaming per capita distributions and enforce related IGRA and RAP violations.
Indian Country must also do its part to curtail per capita abuses by, inter alia, regulating lawyer behavior.


READ THE FULL Presentation HERE  and read: A BILLION REASONS WHY it's ABOUT THE MONEY

3 comments:

icitall said...

The NIGC is powerless to do anything and should be terminated as a regulatory body.

Reinstatement_Restitution said...

The NIGC has full regulatory authority and power to impose fines and even to close tribal gaming enterprises. The Chairman has chosen to stand on the sidelines and let things happen rather than to enforce the IGRA. I smell a lawsuit in the making. The NIGC can be sued under the APA. They have duty to enforce the IGRA and to make tribes comply with the provisions of 25 U.S.C. Part 2701-13. Especially the regulations regarding use of revenue. Individual Indians whose tribes have approved Revenue Allocation Plans should take advantage of the dispute resolution mechanism. All gaming tribes with approved RAPs must have some dispute revenue resolution mechanism such as a tribal court to hear disputes over revenue distribution and allocation. Members can file appeals with such tribal courts to have their issues deliberated.

I know. The corrupt tribes have monkey courts. Members have to go through the zoo to get to the NIGC. That is how things work. Once the tribe fails to properly and fairly resolve a dispute in accordance with tribal law and the IGRA then the matter can be escalated to the NIGC. The NIGC and the DOJ have authority to investigate and prosecute violations of the IGRA, but unless complaints are filed they will not act. There may even be a high threshold where it takes a number of complaints to incite action.

Tribal members can complain about the inaction of the NIGC, but if they fail to take action themselves then they must accept part of the blame.

Anonymous said...

The NIGC came to Pechanga as an investigative entity but turned a blind eye to the corruption. The field agent who came has the initials: Manny Sanchez