Showing posts with label San Pascual; Pechanga; tribal corruption. Show all posts
Showing posts with label San Pascual; Pechanga; tribal corruption. Show all posts

Saturday, February 4, 2012

Ed Sifuentes Has Story of the Theft of Per Capita By San Pascual: $6 million per year

"A Lawyer With a Briefcase can steal more than 100 men with guns" Don Corleone

Members of the San Pasqual Band of Mission Indians, which owns Valley View Casino in Valley Center, each earn nearly $100,000 a year in gambling revenues, but not all members of the tribe are receiving their share, according to court records.

The 280-member tribe (five school buses!)is locked in a bitter dispute with about 60 people in the Alto family, who the tribe says do not belong in the tribe. The tribe is trying to remove them from its rolls.

The Altos filed a lawsuit last year against the U.S. Department of Interior for going along with the tribe's plans to expel them, effectively cutting them out of their share of gambling earnings, health benefits and participation in the tribe's government.

In November, lawyers for the family asked the court for a preliminary injunction that would block their removal and force the tribe to return some of the benefits while the lawsuit is resolved. U.S. District Court Judge Irma E. Gonzalez granted the family's request in December.

Last month, Larry Echo Hawk, the assistant secretary of the Bureau of Indian Affairs, issued a letter implementing the judge's order and restoring the Alto family members' rights as San Pasqual Indians. It restores their ability to participate in tribal elections, receive Indian health services and get their "per capita" payments, as the casino money paid to tribal members is called.

Alto family members, however, say Echo Hawk's letter does not go far enough, because it places their share of the gambling money into a trust fund, which they can't access unless they win the lawsuit. OP: That's NOT restoring rights!

"If the Alto descendants ultimately prevail in this litigation, the band must distribute the funds in the escrow account to the Alto descendants," Echo Hawk wrote.

Moreover, the tribe already has distributed millions of dollars owed to the Alto family to other tribal members, said Thor Emblem, a lawyer for the family.

San Pasqual leaders have declined to discuss the case, saying it is an internal tribal matter.

Read more about San Pasqual

Tuesday, April 6, 2010

The Governator LOSES AGAIN to Indian Tribes

Our Governor, Arnold Schwarzenegger's incompetence is showing AGAIN. His administration has been accused of tricking some tribes into signing new compacts that were unneeded. This will cost the state MILLIONS of dollars in revenue and may lead to California having to pay BACK monies paid. That will make the state's budget debt limbo bar even lower.


A San Diego federal judge has given North County’s Pauma Indian band a reprieve from multimillion-dollar payments to the state under a 2004 gambling deal.

Judge Larry Burns said the state compact was entered into mistakenly and ruled the tribe doesn’t have to pay under its terms until he makes a final ruling on the deal. Burns said he’s leaning toward undoing the compact and gave lawyers for the state time to come up with arguments to change his mind.

Gov. Arnold Schwarzenegger said through a spokesman that his legal team is reviewing its options.

The dispute turns on the negotiations Pauma entered into with Schwarzenegger in 2004 in an effort to replace its 1,050-slot casino — now housed in a metal-framed tent — with a resort to compete with those of neighboring tribes.

The tribe says it was tricked into those negotiations because the state insisted there weren’t additional slot machine licenses available under the compact signed in 1999 between the state and about 60 tribes

Read more of Onell Soto's article HERE

Wednesday, March 31, 2010

Inept Schwarzenegger and his Administration LOSE another round to Tribes.

Another loss for Arnold Schwarzenegger, who tried to bully the tribes and cheat them of their rightful slots. He may have learned bullying and cheating from tribes like Pechanga, that have done similar things to their own people. This time, the San Pascual Band, which has wrongfully terminated members of its tribe, outside of the ruling of the BIA, is the victor.


This time, as Onell Soto reports:

For the second time in a week, a North County Indian band has won litigation against the state over slot machines.

Federal Judge Larry Burns ruled late Monday that the state shortchanged tribes by issuing fewer licenses than it should have under a 1999 deal legalizing Las Vegas-style gambling on Indian reservations.

The judge ruled that the statewide cap under that deal should be 42,700, more than 10,000 more than the state initially issued. Each tribe that signed the 1999 compact was limited to a maximum of 2,000 slots.

The ruling came in a lawsuit by the San Pasqual Indian band, which owns the Valley View Casino in Valley Center.


San Pascual is but ONE tribe in CA that has disenrolled members. 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.

Thursday, March 4, 2010

Larry Echo Hawk to Decide San Pascual Membership Dispute

Assistant Secretary of Indian Affairs, Larry Echo Hawk says he will decide on a membership dispute within the San Pasqual Band of Mission Indians of California.

In January 2009, the tribe blocked the descendants of the late Marcus R. Alto Sr. from participating in an election. About 60 to 80 people -- around a third of the tribal membership -- are affected. See the VIDEO HERE

In November 2009, the acting director for the Pacific Region of the Bureau of Indian Affairs said the tribe violated its own laws and declared the election invalid.

The tribal council that was elected in January 2009 filed an appeal and Echo Hawk said he will make a decision on the matter after receiving briefs from all of the parties involved. Until then, the BIA continues to recognize the tribal council that was elected in January 2007 as the valid San Pasqual government.

Do what is right, Mr. Echo Hawk. This tribal council is not doing what is right for the people of San Pascual.

San Pascual is but ONE tribe in CA that has disenrolled members. 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.

Wednesday, February 10, 2010

San Pasqual Tribe, Who Cheated Members of Casino Profits, Sues State for Lost Profits

In a bold move, the San Pasqual Band of Mission Indians, well known for disenfranchising some of their members, keeping them from voting as is their right, is suing the state because of lost revenue. They say, it's okay to cheat our own people, but when WE get cheated, boy, are WE mad! They are similar to the Pechanga Band of Luiseno Mission Indians, that is also well known for violating the civil rights of their people.

The North County tribe that owns the Valley View Casino in Valley Center filed a lawsuit against the state on Tuesday seeking $115 million in profits it claims were lost due to the governor's refusal to grant the tribe all the slot machine licenses to which the tribe was entitled.

Last year, the San Pasqual Band of Mission Indians received authority from the state to add more slot machines to its casino after a federal judge ruled in favor of the tribes, who argued in court that the governor was illegally withholding licenses for the machines.

Valley View Casino now has 2,000 slot machines, the maximum number it is allowed under its gambling agreement with the state.

In its lawsuit, filed Tuesday in Los Angeles Superior Court, the San Pasqual tribe contends the state breached its 1999 contract and illegally interfered with the tribe's ability to provide slot machine play for its patrons. OP: The tribe has interfered with the Alito family's ability to vote in elections.

By refusing to issue the slot machines licenses, Gov. Arnold Schwarzenegger eliminated a badly needed source of income for counties and cities that would have generated up to $30 million per year in tough economic times, tribal officials said. OP: Raise your hands if you believe that the San Pasqual tribe cares a whit about the counties and cities getting funds from them!

Final question: WHY would you patronize a business that cheats its own people?

If they will cheat their own, like Pechanga does, don't you think they'll cheat YOU?

Friday, December 26, 2008

BIA Ruling Reinstates San Pascual Members. Congratulations

The Bureau of Indian Affairs is redeeming their year, although that started when Carl Artman resigned. FINALLY, they are taking the correct course of action in a tribal membership dispute that they ruled was settled. Yet, they want to wash their hand of this action and quit having to take the responsibility. It's much better to do nothing and let people be hurt.

VALLEY CENTER, Calif. – A ruling by the BIA that could decide the outcome of a tribal rift was handed down Dec. 1 upholding – for the second time – the tribal enrollment of a man and his decedents.
The BIA ruled that the enrollment committee of the San Pasqual Band of Diegueno Mission Indians failed to prove that Marcus R. Alto’s enrollment was a mistake and upheld his and his decedents’ eligibility for the rolls.“Because the information provided by the (Enrollment) Committee does not demonstrate Mr. Alto’s enrollment was based on inaccurate information, as required. the Jan. 31, 1994 decision by the Acting Area Director which identified Mr. Alto and his descendents as enrolled members of the band remains effective,” wrote BIA Regional Director Dale Morris in a letter sent to the tribe and Alto’s decedents.

Alto’s ejection from the San Diego County tribe has divided its council into two factions who are now holding separate meetings, leading to the BIA’s determination of a defunct tribal government in August. If the rift persists, it threatens the legality of its 1,750-slot machine casino opened in 2001 because only federally recognized tribal governments can operate a casino, BIA officials had said.

About 80 people’s tribal rights were suspended, including payments from casino revenues as a result of the disenrollment.The BIA rejected most of the enrollment committee’s 13 points they said warranted the ejection of Alto and his decedents from the tribe, including baptismal, census and BIA documents that suggested Alto’s Diegueno parents had adopted him.
It’s unclear how the ruling will impact the schism between Allen E. Lawson and Robert Phelps, the tribe’s chairman and vice-chairman respectively but whom the BIA is now referring to as spokespersons because it does not recognize either of the factions headed by them as the legitimate tribal government.

“My answer is limited as the process has not yet been completed and the potential of an appeal to be filed by the tribe with the Assistant Secretary of Indian Affairs may occur,” said the acting superintendent of the BIA’s Southern California Agency, James Fletcher in an e-mail.
The tribe has 30 days to file an appeal. OP: Fletcher is a member of the Pechanga Band of Luiseno Indians, whose tribal council acted outside Pechanga's own constitution in disenrolling families and keeping rightful members out, via an unlawful moratorium.

Fletcher said the BIA has asked the Department of Justice to mediate the conflict after several attempts by the BIA did not yield any breakthroughs. “However, I do have a request in from one side to recognize them as the proper government,” Fletcher added.

What is clear, however, is that the BIA does want to remain the tribe’s referee in its enrollment issues. The tribe’s 1971 constitution specifies that the BIA is required to approve ejections.

“It’s inappropriate for the committee to continue to raise this issue of the validity of the inclusion of Mr. Alto and his decedents and to continue to seek remedy from the BIA,” the letter said.It encouraged the tribe to revise its constitution and offered technical assistance in doing so. It’s an unlikely action until the schism is resolved.Lawson and an attorney, Glenn W. Charos, representing Alto’s decedents did not return phone calls seeking comment.

Tuesday, November 25, 2008

San Pascual Tribal Split

Tribe’s schism threatens casino
By Victor Morales, Today correspondent

VALLEY CENTER, Calif. – The latest meditation attempt by BIA officials Oct. 12 to resolve a rift between members of a tribal council has failed, possibly threatening the legality of its lucrative casino operations, a senior BIA official said.
As it stands, the BIA does not recognize the split tribal government of the San Pasqual Band of Mission Indians in inland San Diego County, said James Fletcher, superintendent of the Southern California Agency of the BIA. “If they don’t come to an agreement there may be far reaching impacts,” Fletcher said. Pressed on whether the tribe’s Valley View Casino was at risk, Fletcher said, “The potential exists, yes, but I don’t know how high at this point.”
Fletcher advised both factions in August that he could not recognize either as the legitimate tribal government because they were holding separate meetings, suspending each other’s members from the council and resisting working out their disagreements.
One of the factions voted in replacements, according to a BIA letter to the tribe. The council rift centers on the disenrollment of a family because of questions concerning their Indian ancestry, Fletcher said. About 80 people’s tribal rights were suspended, including payments from casino revenues.

See the link above for the rest of the story.

Tuesday, October 14, 2008

San Pascual Tribe MUST LOSE the right to Run Valley View

Tamra at NDN news links to the story of the San Pascual tribe that we've written on HERE HERE and HERE

An impasse that threatens the future of the San Pasqual Indian band's Valley View Casino continued yesterday despite efforts to bring warring factions together, the local head of the Bureau of Indian Affairs said.

The tribe's quarterly meeting drew about 200 members to a tent on the reservation in Valley Center, but competing sides couldn't resolve their differences, said James Fletcher, the bureau's Southern California superintendent. The meeting was the latest attempt to settle the issue of who represents the tribe's government, which consists of the tribe's adult members. A five-member executive committee has split, with each faction saying it is the legitimate government.

Fletcher recognizes neither one. “I asked them, one side or the other, to ask me to make a decision,” Fletcher said. He said he's still waiting for an answer.

Without a federally recognized tribal government, the tribe cannot operate businesses, including the casino, or receive federal grants, Fletcher said. OP: Then let's get it SHUT DOWN IMMEDIATELY, Mr. Fletcher. Shut the Casino down NOW until the tribe complies. San Pascual members, DO WHAT IS RIGHT and JUST. Keep the tribe together before the Federal government CELEBRATES having LESS Indians to deal with.

Sunlight: James Fletcher is a member of the Pechanga Band of Mission Indian, who have eliminated 25% of the tribe via illegal and unconstitutional disenrollments. His own tribe is guilty of doing what he is accusing San Pascual of doing.

Tuesday, August 5, 2008

San Pascual - Valley View Casino Seeks to Assure Investors

The NIGC is very busy these days trying to put out fires. Maybe they should have gotten involved sooner. It's easier to put out a spot fire, rather than a conflagration.

From the Union Trib article:

Valley View Casino operator seeks to calm investor worries
UNION-TRIBUNE
10:31 a.m. August 5, 2008
The head of the organization that runs the Valley View Casino said in a statement to investors Monday that the Valley Center gambling hall is not threatened by tribal politics.
“The San Pasqual Casino Development Group is 100 percent confident that the San Pasqual Band will resolve their internal differences amicably,” said Joe Navarro, the organization's CEO. “Valley View Casino will continue to thrive.”


OP: AMICABLY is a positive sounding word. That means that they will either accept the people they just unceremoniously kicked out of the tribe or they will give a settlement. Good news on both fronts. Coming to their senses over their impending loss is good for San Pascual. Some at Pechanga are talking reconciliation too.

On Friday, the local superintendent of the Bureau of Indian Affairs told tribal leaders that their government had collapsed over a membership rift and only tribal governments can operate businesses.
The National Indian Gaming Commission, which oversees tribal gambling operations across the country, is looking into the situation with the tribe

The casino development group is trying to restructure the debt it took on to buy out a prior management and expand the casino.

OP: The lenders would be FOOLISH to allow a business with so much internal strife, which could lead to the CLOSURE of the money-maker casino to restructure the loan. IN FACT, a lender could PUSH HARD to ensure that the tribe ENDS its troubles before they get any money or restructuring. That is exercising Moral Outrage to the good of all.

Saturday, August 2, 2008

Soboba and San Pascual Casinos Face Closure

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SAN PASCUAL
In a move that could force the closure of Valley View Casino, the Bureau of Indian Affairs said yesterday the tribal government for the San Pasqual Indian band has collapsed in a rift over tribal membership.
“I am unable to recognize any tribal government for San Pasqual and strongly urge the members of the San Pasqual Band of Mission Indians to take immediate action to address this matter,” James Fletcher, the bureau's local superintendent, said in a letter.
“Only federally recognized tribal governments may operate governmental programs, businesses, conduct business or act on behalf of their membership,” he wrote.
In addition to its hillside casino in Valley Center, the tribe operates a quarry and provides government services including fire protection, housing and education.
The tribe last year expanded the casino and is planning to open a hotel.
But it has long struggled over who belongs in the tribe and the disagreement now has broken up a five-member committee the BIA considers the tribe's governing body.
Only legitimate governments can operate tribal casinos, say the BIA and the National Indian Gaming Commission, which oversees such gambling.

Story HERE

SOBOBA

Soboba Tribal Chairman Robert Salgado confirmed Friday that members of the National Indian Gaming Commission will visit to the casino near San Jacinto

Tribal members should NOT be displaying their weapons during this visit.

Monday, July 28, 2008

San Pascual Steals Per Capita From 50 Members

A BOYCOTT of San Pascual may be needed, along with Pechanga. Your MORAL OUTRAGE can be displayed by NOT patronizing casinos and businesses that treat their people like this.

A San Diego County Indian tribe could face fines or other sanctions for withholding casino profits from about 50 people whom they claim are not legitimate members.

Southern California's Bureau of Indian Affairs chief James Fletcher said Friday's action by the San Pasqual Band of Mission Indians could put it in violation of Indian gaming revenue sharing rules.

San Pasqual officials also fired several people from tribal jobs and leadership positions and said they would evict them from homes on tribal land. Fascists!

Officials said the people who face exclusion from the 300-member tribe are decedents of a man who was not a full-blooded Indian.
But some of the decedents say they are being targeted by tribe members who don't want to share profits from the tribe's Valley View casino.

Thursday, July 17, 2008

San Pascual Membership fight to Mediation

Maybe it's time for the Casino to be shut down. With a government that's cheating it's people, whom the BIA determined were San Pascual decades ago, maybe they should have a casino. Is the loss of an income producer an incentive to keep the peace? Is greed at the heart of the matter like it was at Pechanga?

A dispute over membership in the San Pasqual Indian band is threatening its government and its operation of the Valley View Casino, which has created hundreds of jobs and earned millions in revenues.
The disagreement has split the tribe into two camps, which the Bureau of Indian Affairs is working to reconcile.
The sides met yesterday with James Fletcher, the BIA's Southern California superintendent, and agreed to mediation, he said.
Without a resolution, Fletcher said he's at a crossroads. Each side is asking him to recognize it as the true tribal government.
Fletcher said he has three options: recognize one group, the other, or neither. If he chooses neither group, then there is no tribal government. And without a government, the tribe can't run a casino, Fletcher said.


Funny how Fletcher takes an interest in this case, but when his own tribe's (Pechanga) council violated their constitution, he did nothing.

Link to story: Here