MORATORIUM: 100 Tosobol Descendants Left Out In Pechanga Tribe's Moratorium

Word from Facebook that Michael Rios is feeling poorly and will be undergoing surgery this week.  We hope and pray for a successful outcome.  Sadly the patriarch of the Petra Tosobol descendants Manuel Rios, Sr, passed away before getting JUSTICE.  How many of the MUNOA relatives must die, before they do the right thing at Pechanga.

Here is a repost, of an article written years ago, but it's a REMINDER, that it's not JUST about tribal disenrollment, but many Natives are caught in membership moratoriums.  Can anyone believe that the Pechanga Enrollment committee members are too stupid to process the paperwork they've had for DECADES?

It's well known in California that the Pechanga Band of Luiseno Mission Indians has terminated over 25% of their tribal members in two massive eliminations. Coincidentally, each family was removed just prior to tribal elections. (story reprised from earlier post)

What many people still are unclear about, is Pechanga's so-called moratorium on membership. 

This was put into place under the premise that the enrollment committee had to "catch-up" on all the membership claims. Of course, that was a ruse to simply keep rightful members from joining the Band as per the Tribal Constitution. Pechanga's Chairman Mark Macarro has claimed it's "not about the money". Pechanga's per capita payments were $10,000 per month when the first family, descendents of Pablo Apis were erased from the tribe. When the Hunter Family was disenrolled, (a term created to make it sound like Indians were kicked out of the PTA or country club) the per capita was $20,000 per month. Now, the tribe is giving $30,000 per month to those remaining. Raise your hand if you think it "wasn't about the money".

Here is the story of one family, that we've profiled before. We've been asking them to contribute to this blog with more information and they've finally opened up.

Rep. Mike Thompson Requests Rep. Nick Rahall Hold Oversight Hearing on ENFORCEMENT of the Indian Civil Rights Act.

REMEMBER WHEN? THANK you Congressman Thompson, for standing UP for what is RIGHT.

It seems our contingent in Washington D.C. as well as Rep. Darrell Issa have gotten the word out. We need a hearing on the enforcement of ICRA.

The Honorable Mike Thompson has requested Rep. Nick Rahall, who is Chairman of the Committee on House Resources, to hold and oversight hearing on the enforcement of the INDIAN CIVIL RIGHTS ACT.

Here is a copy of that letter, and THANK YOU, Rep. Thompson, for standing up for your constituents and for ALL who have been harmed by their tribes.

originally published September 14, 2010.

Indian Civil Rights Act 68 Ltr.doc[1] by OPechanga

Pechanga's THEFT of Per Capita and Benefits Stolen From Disenrolled and Moritorium Bound Members Tops $400 MILLION

$400 MILLION!  Remember that the next time Pechanga gives $5,000 to a school. 


 The Apis/Manuela Miranda family was disenrolled two years prior, in 2004, our previous posts mistakenly put their disenrollment in 2005. The per capita was slightly less, about $17,000 per month times 102 months of termination: $1,734,000 times 135 adults equals: $234,090,000

The Hunter family has lost $1,742,000 per person, in per capita payments alone. We arrived at that figure by taking the last full year of per capita $268,000/12 months ($22,333 per month) and multiplying that loss times 78 months of disenrollment. 95 adults at the time of disenrollment equals: $165,487,000

These totals do not include lost education assistance nor does it account for family members that attained the age of majority.

Moratorium People NEVER shared in what was rightfully theirs. The per capita went up to $360,000 per year for those remaining after elimination of tribal citizens. But the moratorium people have certainly had over $2 MILLION dollars cheated from them.

And the tribe will say, “it’s not about the money”. There are 400 MILLION reasons why that's a lie. But here are the consequences of Pechanga's unconstitutional actions:


Pechanga now has a group living on the reservation that have:

• Lost the right to vote
• Lost their rights to healthcare provided by the government.
• Their children can no longer attend tribal schools
• They can no longer be buried in the reservation cemetery with their relatives.
• Have no access to tribal health center
• Are not protected by the Tribal Rangers.

The TEMECULA PATCH HAS PICKED UP THE POST

Update:Pechanga's Masiel Crime Family is Four Generations Long

Update from Pechanga protest: Leiva family members, better known as the Masiel Basquez crime family were harassing protesters at Pechanga resort and Casinp. Felon Raymond Basquez Jr. One of the more stupid members of the family was one and Yolie "they are just herbs" McCarter was another. They had no effect

I've had requests to move this up again, so here it is.

The Pechanga Band of Luiseno Indians has a crime family that spans GENERATIONS.

It's well known that the young, thuggish generation of the Masiel-Basquez crime family are violent offenders, which we reported on HERE and HERE the next older generation of criminals HERE and HERE and HERE and NOW WE KNOW where they get it from:

Francisca Leivas Basquez

As shown below there are two pieces of evidence that show the Matriach of the Basquez family, Francisca Leyva (Leivas) tried to defraud the government and gain of three per capita checks when only one was legal. Fraud, such as her family then perpetrated on the Pechanga Band.

Sins of the mother, passed on to her progeny.

How can the Pechanga Members continue to support them? How much theft has to happen?

OriginsofMasielcrimefamily

The MIRACLE of The Pechanga Tribal Council: Visions of the Future, Like a Scene From Spielberg's Minority Report

In a feat of amazing psychic prowess on behalf of the corrupt Pechanga Tribal Council, we will shortly be bringing you a tale of BANISHMENT that was brought about by something that wouldn't happen until after the notification of the banishment.

We've talked about wielding sovereignty like a club, but in this story, reminiscent of Steven Spielberg's MINORITY REPORT, where criminals were prosecuted for something they planned to do, a banishment was brought for for something that didn't happen until a week AFTER the banishment.

STAY TUNED....... Mr. Macarro, HAVE YOU NO SHAME? Nick Rahall, how about that oversight hearing? Isn't this outright FRAUD?

IF PECHANGA WILL CHEAT it's OWN People, won't they cheat YOU?

Oldest Living Ancestor of Pechanga Chief Pablo Apis Turns 91

Congratulations to Michael Salinas, who turned 91 yesterday. We believe that Michael is the oldest living descendent to Pablo Apis, Chief of the Temecula Indians, on whose land the Pechanga Resort and Casino is located.

Hopefully, Michael will live to see the day that his family is restored to the Pechanga Tribe from which his ancestor gave so much.




The Pechanga Band of Luiseno Indians, which hijacked the Temecula Band of Luiseno Indian's federal recognition, is well known for terminating Indians from their rightful place in the tribe. Since the advent of casino gaming Pechanga's disenrollment of 230 adults from the tribe is second only to the Picayune Rancheria in the termination of Native Americans in CA.

Open Letter To Pechanga Chairman Mark Macarro Who Helped Expand "Termination Era" of Native Americans

Open Letter to Pechanga Tribal Chairman Mark Macarro

Dear Mr. Chairman,

For over a decade, you have been in the lead of the tribal council of the Temecula Band of Luiseno Indians. During that time you have helmed the disenrollment of 25% of your membership, making the tribe the second worst violator of civil and human rights, behind only the Picayune Rancheria of Coarsegold.

What makes you proud to be the chairman? That you have made the tribe weaker? You were quoted in 2004 saying, “I believe that our tribal members know the fairness and diligence I try to bring to all of our issues." Where sir, was the diligence in creating fairness on the Enrollment Committee? Why “sir”, did you allow the committee to bring families up for review out of order, instead of the order they came in?

Why “sir”, did you, during your terms in office, not uphold the constitution and bylaws when you allowed an illegal moratorium on membership when the Pechanga constitution and bylaws says open enrollment is every January? How “sir”, can you say you bring fairness and diligence when you did not follow tribal law and in fact skirted the new law that the tribe passed to “halt all disenrollments” ? All enrolled members were covered in the July 2005 petition halting disenrollments. Why “sir”, did you not follow tribal law?

Where “sir”, was the fairness when you denied Hunters their civil rights by not allowing members to have an attorney with them to defend their positions? Where “sir”, was the fairness when you would not even allow writing implements for those who came before the Enrollment Committee, and in their appeal to the Tribal Council? Or to see the evidence against them. Was it because there was no credible evidence?

Why “sir”, did you not respond to the questions as to your Enrollment Committee member sleeping through the Hunter family’s hearings?

Why “sir”, did you allow hearings to be held when one of the council was late? Couldn’t you even wait for him to hear the appeal, or, did you KNOW, it didn’t matter, as his mind was made up? Why “sir”, did you not respond to the obvious bias of one of your Enrollment Committee members telling Hunter family that they were going to be out no matter what evidence they had?

Why “sir”, did you consolidate cases?

Why was each member not allowed to present his or her own case for appeal? Where is the fairness you said you would bring?

Was a half hour per member, to appeal their own position, too much to ask?

Why “sir”, was the Enrollment committee allowed to use evidence biased against the Hunter family in their decision, when it was not presented to the family so they could address it in their appeal?

Why would the word of a convicted child molester be considered valid versus the most respected authority on California Mission Indians, that Pechanga, not the Hunters chose to research Paulina Hunter?

Why was "hearsay" testimony, that wasn't even notarized, turned in by the CPP given more credibility than five other notarized depositions from other current tribal elders not from CPP families that affirmed our membership?

Why "sir", during the shameful period that you and the tribal council were working to disenroll two large families, did you not hold monthly meetings, as was the custom?

How sir, can you say you bring fairness and diligence when you did not follow tribal law and in fact skirted the new law that the tribe passed to “halt all disenrollments”? All currently enrolled members were covered in the November 2005 petition halting disenrollments.

Why sir, did you not follow tribal law and the will of the people?

Will you, Mr. Chairman take credit for expanding the Termination Era of Native Americans in California?

There is still time to reverse this terrible injustice. Lead the tribe back to peace. Your ancestor Martin Berdugo called mine “Aunt”. Our vaunted elder, Antonio Ashman SWORE to this. Bring the family together, including your own, whom you keep out of the tribe.

Pechanga Denies Basic Human Rights to Many Tribal Members, the Story

I'VE BEEN ASKED TO BRING THIS POST FROM LAST MONTH FORWARD, so here it is:

In case people lose sight of what the tribal council of the now Pechanga Band of Luiseno Indians have done to their membership, here's some detail from a petition to Congress. I've changed some time frames, and comments in parentheses.

It was legal for South Africa to practice Apartheid and it was right for the United States to follow the Congressional Black Caucus' mandate to boycott their business and country. Similarly it would be right and just for the people of California to avoid doing business with tribes like Pechanga, Picayune, Redding Enterprise, San Pascual until they give the basic human and civil right back to the people.


In the course of the last 5 years, the Pechanga Tribal Officials (led by Mark Macarro and Russell "Butch" Murphy) have taken action to reduce its membership by nearly 25%. In 2004, 130+ adult members and their immediate families were disenrolled from the Pechanga Band. The members were all descendants of Chief Pablo Apish, a historically significant leader of the Pechanga/Temecula people. (These are family members of enrollment committee member Frances Miranda) None of the members were allowed to participate in the 2004 tribal elections as a result of their disenrollment. (clearly an act to control the voting results, similar to removing 15% of the voters of a state)

An additional extended family of approximately 100 adults (Hunter Family) was disenrolled in March 2006 when tribal officials determined that the ancestor from whom they are lineally descended from was not an Original Pechanga/Temecula person. This determination was made despite the fact that a report prepared by a well known anthropologist (Dr. John Johnson) hired by the Band’s Enrollment Committee concluded she was a Pechanga/Temecula person.

The expulsions of the 2 families removed significant opposition to the current administration and others running for tribal office as they represented large voting blocks whose views differed from or opposed the current tribal Chairperson and a majority of the Tribal Council.
The actions of the tribal officials responsible for this “reduction in membership” have violated tribal and federal laws enacted to protect the basic rights and privileges of the individual Indian victims.
Specifically, the members were denied the due process and equal rights protections provided in the Indian Civil Rights Act, as well as language in the Band’s Constitution and Bylaws which mandates that tribal officials uphold the individual rights of each member without malice or prejudice. Tribal members were also subjected to ex post facto laws; denied participation in the electoral process; had personal property taken without cause or just compensation; and are being denied their right to practice their religion. Pechanga tribal officials have continually attempted to mislead the public regarding their actions to deny individual rights by claiming “it is an internal matter”.

In fact, Pechanga Chairman Macarro was quoted in the local newspaper as saying, "What goes on internally at Pechanga is of no business to the white man, …" It is this type of arrogance, coupled with the violations of individual rights, which must be stopped before it spreads even further. The denial or taking of any individual’s basic human and civil rights cannot merely be brushed aside by categorizing it as “an internal matter”. In fact, such characterization should be cause for alarm and seen as an act by the oppressors to further violate the rights of the victim.

Until such time as the basic rights of all individual Indian people are recognized and upheld on par with those of other citizens, a growing number of individual Indians will be subjected to the same types of arbitrary and unjust acts which have been committed by Pechanga tribal officials- acts which were intended to be outlawed decades ago. Based on their actions, we request that the Federal Government conduct an investigation of the Pechanga tribal officials for their continued gross violations of human and civil rights, and subject these officials to the most severe criminal sanctions allowed. Cultural genocide should not be tolerated by anyone and should be fought by all.

It is in the best interest of all people- Indian and non-Indian alike- that any violations of human and/or civil rights be addressed promptly and the violators be stopped before there are additional victims to their crimes.


The Pechanga Band of Luiseno Indians, which hijacked the Temecula Band of Luiseno Indian's federal recognition, is well known for terminating Indians from their rightful place in the tribe. Since the advent of casino gaming Pechanga's disenrollment of 230 adults from the tribe is second only to the Picayune Rancheria in the termination of Native Americans in CA.

AIRRO to Host Sessions on Human and Civil Rights Violations in Indian Country

The number of California Indians whose civil and human rights have been violated would make them the second largest tribe in CALIFORNIA. The Pechanga Band of Luiseno Indians from Temecula, led by Mark Macarro and the Picayune Rancheria of Coarsegold, near Fresno, led by Morris Reid, are the two largest offenders. Here is an opportunity to BE HEARD.

EVENT ADVISORY

March 30, 2010

Contact Person: John Gomez, Jr.
9:58 pm (PST)

mail@airro.org

AIRRO to Host Sessions on Human and Civil Rights

Violations in Indian Country

Temecula, CA- The American Indian Rights and Resources Organization ("AIRRO"), a Native American civil rights group, will be hosting two sessions regarding human and civil rights violations in Indian Country. The sessions are scheduled for April 17, 2010 in Sacramento , California and April 24, 2010 in Temecula , California .


The focus of the sessions will be to provide individuals, groups and tribes with an opportunity to testify to violations of basic human and civil rights which they may have been subjected to or which have affected their lives and communities. Those who testify will also be asked to provide feedback regarding the United States ' handling of rights violations in Indian Country and offer recommendations on how the protection of basic rights can be improved.


"We expect that these sessions will provide insight to the growing number of human and civil rights violations committed by tribal officials, as well as the United States' failure to uphold and enforce treaties and laws enacted to protect individual Indians from such gross and egregious acts," stated AIRRO President John Gomez, Jr.


AIRRO will compile the testimony and recommendations given at each of the sessions and prepare a report which they will submit to the Department of State, the Department of Justice, the Interior Department and the UN Human Rights Council.


"It is our hope that the State Department will accept the testimony and recommendations we compile and include the information in the report it will prepare and submit to the UN Human Rights Council as part of the UPR process," said Gomez. "We believe that the information gathered from our sessions will be important to the UPR and will initiate dialogue, on a national and international level, to address rights violations in Indian Country."


If you cannot attend but wish to submit testimony or provide recommendations on how the protection of human and civil rights can be improved, please contact AIRRO at mail@airro.org


For more information about the UPR process, please visit: http://www.ohchr.org/EN/HRbodies/UPR/Pages/BasicFacts.aspx

For updated information regarding the AIRRO Sessions, please visit www.airro.org or email us at mail@airro.org

George Lopez Supports Rights for Cuban Dissidents, Yet Performs at Pechanga, That Denies Human Rights to Their People.

It was good to see George Lopez out at Echo Park to support the rights of dissidents from Cuba, who the Castro Brothers have made life intolerable.

Human and Civil rights ARE important, G-LO and that's why we are surprised that you perform at Pechanga Resort and Casino. You MUST know, Mr. Lopez, the the Pechanga Band has stripped many of there members of both civil and human rights. We've sent letters asking you not to perform there.

Help those close to home, do not perform any more at Pechanga, and ask your friends to do the same. There are many other tribes that have done the same disgraceful thing to their people: Chukchansi Picayune, Redding, Robinson, San Pascual, Enterprise.

Violations of free speech, the right to pray at ancestor's graves, voting rights have been stripped, health care taken away, educational assistance.

This is where you can help and the weight of your celebrity can have an effect IMMEDIATELY. Speak out here for those in Indian Country that have been disenfranchised by their tribes. We need help too.

Johnny Mathis request and EmmyLou Harris request

Morongo and San Manuel Support Veteran's Memorial. Pechanga Conspicuously Absent

Congratulations and well done to the San Manuel Band and the Morongo Band for helping to fund an American Indian Veteran's Memorial, which will be built at Riverside National Cemetery.

They were among the Marines who raised the stars and stripes atop Mount Suribachi during the World War II Battle of Iwo Jima. American Indian code talkers from 13 tribes relayed critical communications using their native languages to stump the enemy in World War I and World War II.

Yet no memorial exists honoring the contributions American Indians have made to the U.S. Armed Forces. That's all set to change soon. In the final stages of approval by the federal government is an American Indian Veterans Memorial, which will be built at Riverside National Cemetery, said Brig. Gen. Stan E. Brown, U.S. Air Force, retired.

"There are more American Indians per capita serving in the military than any other group," Brown said. "They all volunteer. It's their nature as warriors."

Brown says the committee will need to raise about $3.5 million to finance the project, which includes the costs to plan, engineer and build, to fund an unveiling ceremony and to create an endowment to maintain the memorial in perpetuity.

The San Manuel Band of Mission Indians have joined the Morongo Band of Mission Indians to help fund the memorial. Both tribes donated $250,000 to make the project a reality.

We've done some stories on Pechanga's Veterans HERE and HERE Pechanga has done a better job of casting away many of their veterans and their families.


The Pechanga Band of Luiseno Indians, which hijacked the Temecula Band of Luiseno Indian's federal recognition, is well known for terminating Indians from their rightful place in the tribe. Since the advent of casino gaming Pechanga's disenrollment of 230 adults from the tribe is second only to the Picayune Rancheria in the termination of Native Americans in CA.

SacBee: Why Are Casino Payments Secret? Let's Quit Going to Tribal Casinos UNTIL we know where the Money is.

The Sacramento Bee has an editorial that all Californians should look at.

Gov. Arnold Schwarzenegger regularly asks that Californians "trust" him. OP: Uh, yeah, we've already apologized to Gray Davis for voting him out. Arnold deserves no trust.

Two years ago this month, the governor promised that if voters approved compacts authorizing significant expansion of four Indian-owned casinos in Southern California, the tribes would pay the state "hundreds of millions of dollars" annually. OP: Remember that one of the tribes, SYCUAN, hadn't even gotten the expansion approved by their tribe! We told you about that HERE

He made the promise in California's official voter pamphlet, and declared that the state would reap "billions in the years ahead to help pay for public safety, education, and other services."

Tribes that benefited from the deals spent $82 million on their campaign. Voters approved the deals, as they have done repeatedly when Indian gambling goes before them. OP: Not before Pechanga spend 50 million more than the other tribes. They didn't believe that votes like them anymore, because of the bad press they generated.

Two years later, as the state is mired in a budget crisis, the public ought to be able to find out how many "hundreds of millions" have been delivered to state coffers. The question is timely now that the Morongo Band of Mission Indians is seeking the right to operate Internet poker in exchange for payments to the state. OP: Our cousin recently wrote a post on the need for open audits. Raise your hands if you believe the tribes would operate with two sets of books!

Morongo is one of the four tribes whose compacts voters ratified in 2008. The deal authorizes Morongo to operate 7,500 lucrative slot machines, up from its past cap of 2,000.

So how much have the four tribes paid the state since the 2008 vote? The California Gambling Control Commission says the information is not public. OP: How much the tribe pays to the PEOPLE of CA, for the monopoly we GAVE them is NOT OUR BUSINESS? We MUST have that right, otherwise, we will have politicians taking money from tribes and not reporting it...


The Schwarzenegger-negotiated compacts exempt information that tribes provide to the state from disclosure under the California Public Records Act. As a result, the amounts that individual tribes pay to the state is secret.

That exemption is bad enough. But surely the public is entitled to know what the aggregate amount is that the four tribes have paid into the state coffers – especially given that the governor told voters in the official voter handbook that the deals would deliver "hundreds of millions" a year.

Schwarzenegger asks us to "trust" him. We rather follow the advice of another governor, Ronald Reagan:

Trust but verify.

And since we can't verify...... how can we trust Arnold? How about this: QUIT going to tribal casinos until we get a clear accounting of their fund payments to US.

Rep. Diane Watson, Champion of Cherokee Freedmen, to Resign

A champion for the rights of the Cherokee Freedmen, this leaves a hole in the support of those who have been disenfranchised by tribal governments. Karen Bass was recently fined for not reporting gifts from, among others, The Pechanga Band of Luiseno Indians, noted violators of the civil rights of their people. Well, certain members anyway.

Rep. Diane Watson (D-Los Angeles), a prominent African American politician for more than three decades, plans to announce her retirement from Congress on Thursday, opening her seat for a possible run by termed-out state Assembly Speaker Karen Bass.Watson, 76, plans to hold a Los Angeles news conference to announce her plans.

A House Democratic leadership aide, speaking on condition that he not be named, confirmed her retirement plans.A congressional source said Watson was tiring of the cross-country trips and wanted to spend more time with her mother, who recently turned 100.

Watson's challenger is Felton Newell, who is getting money from the Oklahoma Cherokee Nation.

Man Who Cheated Pechanga Tribe, INDICTED, Pechanga Tribe who Cheated Their Members, NOT Indicted

Does anyone wonder why it would take so long for an indictment from Riverside DA Rod Pacheco?
We understand there are still some indictments coming, this from the Federal side. Is this a sign of incompetence from those running Pechanga? Since the premiums were overcharged to Pechanga, does Pechanga owe any of that to the state? Wouldn't their "net win" now be higher?



A man who allegedly overcharged the Pechanga Band of Luiseno Indians $4 million in insurance premiums, and another who worked for the tribe, were charged with grand theft in indictments unsealed today.

James William Riley, a 46-year-old insurance broker, is also charged with commercial bribery and money laundering.

Ryan Jay Robinson, the 39-year-old former chief financial officer for the Pechanga Resort & Casino and the Tribal Government Center, is also charged with commercial bribery.
The men allegedly committed the crimes in 2006 and 2007, according to Ryan Hightower of the Riverside County District Attorney’s Office.

The indictment states that after Hurricane Katrina, Riley overcharged the Pechanga Development Center by more than $4 million in insurance premiums, Hightower said.

Pechanga Chairman Mark Macarro Statement:

We uncovered evidence of fraud and theft against the Pechanga Tribe and immediately launched a detailed internal investigation," Pechanga Tribal Chairman Mark Macarro said in a written statement. "Our investigation found millions of dollars were stolen. It is our understanding that no patrons, employees or business partners were affected by the inappropriate activities of these individuals."

We say in the headline that Pechanga is not indicted. The amount of insurance lost to those they unconstitutionally disenrolled is THREE times this loss. More on that later....

Open Enrollment to the Pechanga Tribe in January. Call for Application

The Pechanga Bylaws and Constitution provide for OPEN ENROLLMENT each January. If you believe you belong in the tribe, you should request an application.

The address from the Pechanga website for their Tribal Government is:

Pechanga Enrollment Committee
PO BOX 1477
Temecula, CA 92593

(951)770-6000

fax: (951) 695-1778

Don't take NO for an answer. It's IN their constitution.

U.S. 9th Circuit Court of Appeals REJECTS Lawsuit against The Pechanga Band on 2-1 vote

The Pechanga Band of Luiseno Indians, well known for terminating 25% of their tribe, violating civil rights of their people and using the threat of more disenrollments to control the vote of their people, have won another round in court.

Pechanga has terminated the Hunter Family, a portion of the Apis descendents and are keeping hundreds of others from their rightful enrollment of the tribe. Disenrolled members lose shares in casino profits as well as access to paid health care, life insurance and other benefits.

At the time of their 2006 dismissal from the tribe, every adult Pechanga member received a per capita benefit of more than $250,000 per year, court papers noted. The remaining tribal members now make $360,000 per year, after stripping the last family of their membership. The tribe claims it's "not about the money".

The group did not directly challenge the decision by the tribe's enrollment committee, which was upheld by the Tribal Council.

Instead, they contend their disenrollment was "tantamount to an unlawful detention," under the Indian Civil Rights Act. Habeas corpus.

In a rare move, the dissenting opinion was published

Judge Claudia Wilken dissented. She said she did not believe invocation of the Indian Civil Rights Act before a federal court was limited to criminal procedures.

"The act of stripping Appellants' Tribal citizenship and the current and potential restrictions placed upon Appellants constitute a severe restraint on their liberty," the judge wrote. "... Appellants have been detained."



The group can seek to have Tuesday's decision re-heard by a larger group of 9th Circuit judges. They can ultimately appeal the case to the U.S. Supreme Court.


The majority of the three-judge panel disagreed and upheld a lower court's dismissal of the lawsuit.

Picayune Chukchansi Casino Theft Trial Scheduled for March

Imagine the discovery that could come out of this trial. And what other interesting information can also come, like the disenrollment actions by the Picayune tribal Council. Picayune disenrolled 50% of their tribe after the casino went up. They are a group of tribes including Pechanga of Temecula, led by Mark Macarro, Redding Rancheria, Robinson Rancheria and Enterprise that has used "disenrollment" to consolidate both power and money. Pechanga has taken health care from elders and children and are keeping hundreds of rightful members of the tribe OUT, so that they can collect over $350,000 per year EACH.



A jury trial has been set for 8:30 a.m. Monday, March 29, in Fresno's U.S. District Court for Jeff Livingston, the former Chukchansi Gold Resort & Casino general manager who has been charged with theft.

The trial will be held in courtroom No. 4 before U.S. District Judge Lawrence J. O'Neill.

Livingston was arrested on federal charges of "theft by officers or employees of gaming establishments on Indian lands" at his Fresno home July 24.
He has entered a plea of not guilty.

The federal grand jury indictment claimed that Livingston had used Chukchansi credit cards for personal use for a Hawaiian vacation and down payments on personal vehicles.

Livingston served as the general manager of the Chukchansi Casino from 2005 through early 2008, when he resigned and was replaced by Bruce King.

A spokesperson for the casino stated in July that the investigation of allegations of wrong-doing against the casino by Livingston began in November 2007 by the Tribal Gaming Commission. The results of that investigation were turned over to the U.S. Department of Justice.

Then a joint investigation by the State Bureau of Gambling Control and the FBI discovered Livingston's unauthorized purchases included a $20,000 down payment on a new Ford Mustang Shelby; a $5,000 down payment on a new Ford Fusion for the casino's former director of marketing; and a $7,000 PGA National Golf Championship golf trip package to Hawaii. The investigation led to Livingston's arrest.

At the time of his arrest, state Attorney General Jerry Brown's office said Livingston attempted to cover up the down payments by making it appear they were part of a 10-car purchase he made for a casino promotion.

Livingston could face up to 20 years in prison and $1 million in fines if convicted.