Sunday, February 28, 2010

Morongo Chairman: California Tribal Business Alliance is WRONG on Internet Poker.

Morongo Tribal Chairman Robert Martin say that the California Tribal Business Alliance is making up their own facts: CTBA wrongly contends that legalizing online poker in California would violate the tribal gambling compacts the state already has with California tribes. Morongo attorney George Forman, who has been involved in tribal issues for the last 40 years, clearly rebutted that contention at the Legislature's Feb. 9 informational hearing on Internet poker. Forman explained that the Legislature can allow Californians to play poker on their home computer or laptops without violating the state's guarantee that tribes have the exclusive right to operate slot machines. Forman's explanation matches that of a 2008 Legislative Counsel opinion. The CTBA did not offer a contrary legal opinion to rebut the explanation provided by Forman and the Legislative Counsel, most likely because nothing in either the compacts or the law supports CTBA's argument. SACBEE Editorial In a previous editorial, CTBA chairwoman Leslie Lohse made the case that the tribes' compact allowed them to dictate USE OF YOUR OWN PERSONAL computer. Did YOU vote to give them that right? See that editorial HERE What is in play here, readers is that the CTBA doesn't want individual tribes to benefit. Morongo is NOT a member of the CTBA anymore. Wonder why? But, more importantly, it shows WHY we need gaming in this state outside of Indian Casinos.

Wednesday, February 24, 2010

Rincon Decision Could Change Compact Negotiations.

Rincon Chairman Bo Mazzetti has an article in Indian Country Today, arguing that our Governer, Arnold Schwarzenegger negotiated in bad faith with tribes. Well, the tribes also promised they would take care of their people. How did that work out for members of Pechanga, Picayune, Redding and many others in California? Disenrollment, elder abuse, loss of voting rights, healthcare...... By stacking the deck against tribal governments when negotiating casino compacts, California Gov. Arnold Schwarzenegger was gambling that he could violate federal law with impunity. He bet he could hold the tribes hostage by our need to engage in gaming as our only means to economic development. But, it appears this is one bet he may lose. OP: Tribes like Pechanga tried to circumvent laws too, like putting additional Class II slots trying to get around their 2000 slot limit. Mr. Mazetti falsely claims that gaming is the only means to economic development and that's not true, entertainment and dining, also have economic possibilities. Of course, one may make you rich, the other, simply a business venture. The United States District Court has ruled that the governor’s negotiation tactics with California’s gaming tribes are illegal and constitute bad faith. The state appealed to the 9th Circuit Appeals Court and a decision is expected soon that may change the way governors throughout the nation negotiate. It may also halt the trend of holding tribes hostage to state politics and charging increasingly higher fees as a condition for signing compacts. The lawsuit, brought by the Rincon Band of Luiseno Indians of San Diego, alleged Schwarzenegger imposed an illegal and unfair tax on gaming revenues in return for tribal state compact agreements. OP: If you want a monopoly, you should have to pay dearly for it. Otherwise, it would make more sense to change the laws and legalize gaming in California, with total regulation by the state. What a CONCEPT!

Rather than work with Rincon to reach an agreement consistent with the court’s order, what did the state do? The state appealed, until the case finally landed where it currently sits – pending the decision of the 9th Circuit Court. OP: The HORROR! After suing the state, Mr. Mazetti whines about the state suing back!?

Tuesday, February 23, 2010

James Riley, Accused in Pechanga Fraud, Prohibited From Working in Insurance Industry

State authorities on Monday announced that the 46-year-old insurance broker accused of defrauding the Pechanga Resort & Casino of about $4 million in an insurance scam has been prohibited from working in the insurance industry.

James William Riley, of Murrieta, has been barred from working in the industry in any manner pending the outcome of his trial on multiple counts of grand theft, money laundering and commercial bribery, according to a news release form California Insurance Commissioner Steve Poizner. If Riley is found guilty, his license will be revoked, the release said.

Riley, will have his day in court March 15 in Riverside

The Pechanga Band of Luiseno Indians and it's chairman mark macarro (Intentionally not capitalized as a show of disrepect) are well known for disenrolling 25% of their tribal membership, acting outside their own constitution. In those despicable actions they have harmed their elders and children. While insurance fraud is serious and IF James Riley did these things he's accused of, he should be punished. It should be noted that there has been NO punishment meted out to Pechanga for their own theft of health insurance to the tune of $12 million dollars, nor the theft of over $200 million in per capita payments from over 230 tribal members.

Friday, February 19, 2010

Interlude: Congratulations to Ed Morrissey, Blogger of the Year

A friend to Original Pechanga's Blog, Ed Morrissey, blogger extraordinaire at Hot Air was named blogger of the year at the CPAC convention today. Ed was also named blogger of the year by Freedom Works.

Ed has blogged on some Native American issues like Indian Health Care and the debacle the state of CA had in losing paperwork for the big tribes as they expanded their gaming.

Congratulations Ed for the honors to your excellent journalism work.

U.S. Supreme Court Renews Interest in Wolfchild v. United States

In an unexpected development, on January 13, 2010, the Court requested a response from the United States in Wolfchild (and Zephier) v. United States, a case which involves two groups of individuals who claim to be the descendants of the ―loyal‖ Mdewakanton Sioux. The United States had waived its right of response—usually an indicator to the Court that the case is not worthy of review. Evidently, something in the case has caught the interest of the Court. The Wolfchild petitioners are seeking review of a decision by the U.S. Court of Appeals for the Federal Circuit which reversed the trial court‘s finding of breach of trust by the United States. The Federal Circuit held that (1) the 1888, 1889 and 1890 Appropriation Acts enacted for the benefit of the loyal Mdewakanton Sioux and their lineal descendants which included lands, improvements to lands and monies as the corpus did not create a trust; and (2) even if the referenced Appropriations Acts did create a trust, the 1980 Act terminated that trust by transferring beneficial ownership to the three Mdewakanton Indian communities (Shakopee Mdewakanton Dakota Sioux Community, Lower Sioux Indian Community and Prairie Island Indian Community). This case could become a vehicle for the Court to further erode the nature of the United States‘ trust responsibility, and to limit the scope of the fiduciary duties the United States owes to the Indian people.

Thursday, February 18, 2010

SMOKE LEVELS at CA Indian Casinos Exceed Health Benchmark Levels

STANFORD UNIVERSITY REPORT: Smoke levels at California Indian casinos can exceed health benchmark levels during peak attendance hours and many non-smoking areas offer incomplete protection.

OP: PROTECT your health and your families health: Stay out of the tribal casino's until they clean their scrubbers and do a better job. If you smell smoke on your clothes, you are risking your health. And remember, the tribes can't be sued for not providing a save gaming environment.




This device was used to detect smoke levels in a year-long investigation of California casinos.
BY DAVID ORENSTEIN



Secondhand smoke in California's Native American casinos often exceeds concentrations associated with harmful health effects, according to a new study by environmental engineers at Stanford University. The casinos, which are exempt from the state's smoking restrictions, are one of the few public places in California where smoking is still legal.


The study of smoke particle concentrations during busy evenings in 36 casinos across the state found that even many nonsmoking areas within the buildings contained smoke concentrations that were several times that of outdoor air. The paper was published online Feb. 17 in the Journal of Exposure Science and Environmental Epidemiology.
One-quarter of U.S. adults visited a casino in 2008, according to the 2009 American Gaming Association Survey of Casino Entertainment. Of the almost 60 casinos operating in California, 98 percent allow smoking.



"We did this study to warn the public that where they go and what they do in their everyday lives can impact their health," said Lynn Hildemann, an associate professor of civil and environmental engineering and a senior author of the study. "Air pollution affects human health, whether it is secondhand smoke indoors or truck exhaust outdoors. Because many people frequent smoky casinos, and many employees work there, we became interested in finding how high the pollution levels inside the buildings were."
Over more than a year, the team of researchers discreetly made smoke particle measurements in various locations at each casino on weekend and holiday evenings – times when casinos were most likely to be crowded. Sampling each location for 30 to 60 minutes, the engineers used compact monitors that measure smoke particles in the surrounding air every 10 seconds.



Read more at the link above, but if you have breathing problems, it's best to stay away from tribal casinos.

Soon to Be EX Governor Schwarzenegger Signs Compact with Thieves Of Pinoleville

Arnold Schwarzenegger, signed a new compact with the Pinoleville Tribe and Leona Williams. Here's what they did to some of their families (h/t TribalCorruption.com):

Pinoleville Rancheria
“Tribe stolen by Corrupt Tribal Officials”


I had planned to write to you about a corrupt tribal council that has stolen my tribe and retroactively stripped my ancestors of their legal identity as Native Americans. I was going to detail the manner in which they hijacked our Tribe for their own purposes, but after contemplation it, I thought better of it.

I decided that I am tired of telling the story of the injustices that I and my family have suffered over the last several years. I won't talk of the lies, the anonymous and illiterate hate mail, the fact that my children have been denied membership...and therefore Native American status under the law, the crooked elections, the ballots “counted” behind closed doors, the molestation of my constitution, the late-night death threats, the misuse of federal funds, and the general disgust I feel at being disrespected, unrepresented and denied the rights to participate in my own Indian community.

Nor will I detail how the corrupt thugs on Tribal Council responsible for protecting my human and civil rights violated those rights when they disenolled me and my family, or how the same thugs manipulated our constitution to exterminate my rights and the rights of all other Pinoleville Indian Community class members defined in the precedent setting Court ruling filed by deceased Pinoleville Indian Community member Tillie Hardwick. As a result of that ruling all California Rancherias enjoy Tribal status and the riches they receive from their Indian casinos.

I likewise decided against another protracted airing of my grievances concerning the US Federal Bureau of Indian Affairs officials that ‘shepherded’ our case to it's ultimate dismissal. I won't bore you with the tales of their failure to follow the US Federal Code of Regulations, their consistent refusal to provide information in a timely fashion, their illegal ex-parte communications with the Chairwoman’s faction during our administrative debacle, their legendary bungling of a completely insane 'General Membership' meeting called illegally by themselves under no authority in April of 2004, the manner in which the BIA Director Dale Risling conveniently misplaced a vital document original at that meeting, or any other of a number of acts on their part which range from hideously negligent to criminally suspect.
Erik Enriquez
UKIAH
Wonderful news governor. You help those that violate the civil rights of their membership. What's the countdown to when you are out of here?

Wednesday, February 17, 2010

CA ASSEMBLY Speaker Karen Bass Announces Candidacy to Replace Rep. Diane Watson

From Speaker Bass's Facebook Page:

I am very excited to announce that I will be launching a campaign to fill the congressional seat being vacated by my dear friend and mentor, Congresswoman Diane Watson. Earlier today, the Congresswoman, City Controller Wendy Greuel, Supervisor Mark Ridley-Thomas and grassroots leaders joined me at a press conference announcing my campaign, and I hope you can support me as well.

Well Speaker Bass, are you going to take up Rep. Watson's championing of the Cherokee Freedmen? How about those disenfranchised Native Americans in CA? Will you refuse campaign donations from tribes that violate the civil rights of their people? Pechanga, Redding, Enterprise, San Pascual, Picayune all should be avoided.

What say you.

Tuesday, February 16, 2010

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.

Monday, February 15, 2010

Why Choose Las Vegas over a California Tribal Casino? Because you have FEW rights on an Indian Reservation.

At least in Las Vegas, you will have all the rights you are entitled too. The woman in this story followed all tribal ordinances in her suit and the tribe then says, "nope" and doesn't pay. Pechanga has BEATEN one of their customers, Richard Swan we wrote about it HERE. The Press Enterprise wouldn't write about it and the D.A. Rod Pacheco wouldn't press charges.

Better to go to Las Vegas, the slots are looser and there's more to see.


Woman injured at casino stuck in legal quagmire

By Onell R. Soto, UNION-TRIBUNE STAFF WRITER

Sunday, February 14, 2010 at 12:02 a.m.

During a visit to Sycuan Casino five years ago, Sarah Harris walked into a restroom altercation that she says changed her life.

Now, after what feels like countless hearings on the Indian reservation and in federal court, the 75-year-old former diesel engine mechanic still doesn’t have the $160,000 an arbitrator says she’s due.

Although tribal law says arbitration awards are to be enforced in federal court, the tribe has convinced a federal judge that he has no jurisdiction over the case.

Harris’ lawyer said this is more than frustrating.

“Why prepare an ordinance that says you can go to the federal court and when you get to the federal court, they say there’s no jurisdiction?” attorney John Crawford said. “They’re shooting out of both sides of their mouth

OP: Avoid Sycuan

Thursday, February 11, 2010

Group says Greg Sarris, Chairman of Graton Rancheria, NOT an Indian

A group trying to stop a casino in Rohnert Park says the chairman of the local tribe has no Indian blood — and it wants the Bureau of Indian Affairs to remove him. Will the BIA step into this action? Is Sarris Native American? Is this a case of selective enforcement by the Bureau of Indian Affairs?

That leader, Greg Sarris, the chairman of the Federated Indians of the Graton Rancheria, has shot back with charges of politics and said the group has no legal leg to stand on. OP: But he didn't shoot back with, "YES, my ancestors are Indian,"

The dispute centers on the Graton Rancheria’s efforts to build an urban casino in Rohnert Park on the northern edge of the densely populated Bay Area. But it also touches on how casino politics in California are inextricably tied with racial politics, not only in the present but deep into the state’s past.

Read more: HERE and also at Stop the Casino 101 They have MORE to the story.

Watch Pechanga Chairman Mark Macarro Lie to KNBC News

On the the sidebar, with a picture of Pechanga Chairman Mark Macarro (albeit, when he was thinner) and with it, a link to KNBC's WITHOUT A TRIBE .

In the first 15 seconds to the piece, Mark Macarro, whose net worth is over $1 million is caught in a lie. He continues to obfuscate during his interview with Colleen Williams, KNBC anchor.

 It's important to remember that Macarro has lied often about the disenrollments. He lied to the tribe when he said that the petition brought forth by Anthony Miranda, former head of CNIGA, to the tribe to halt all disenrollments, included the Hunter family. Mark also was disengenuous when he went before Congress to ask that the tribe be given land that was "sacred". So "sacred" that they put a golf course on it.

 Mark Macarro's  little brother John, said it was a "re-zoning" issue. It's important to know what Macarro is capable of, as he gets his press in the current internet gaming case. Mr. Macarro is the leader of the INCREDIBLE SHRINKING TRIBE. One of the largest terminations of Native Americans in California history. He is a beneficiary of the theft of per capita from the Manuela Miranda family and the Hunter family. That theft is now over $200 million dollars. Is that a big enough incentive to lie? Watch the whole video. It did so well for KNBC during sweeps, that they showed it in its entirety the very next day.

Wednesday, February 10, 2010

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.

Pechanga Chairman, Mark Macarro, Does Not Want Californians To Be Free to Gamble Online

First, Pechanga Chairman Mark Macarro was the spokesperson for for Prop. 5 and Prop. 1a, where he promised that gaming would stay on current tribal lands. Now, we have tribes reservations shopping.

Then, the Macarro led Pechanga tribe tried to keep Californians from voting on Propositions 94-97, suing to invalidate signature gathering. Pechanga had to spend over $40 million more than the other tribes to overcome some bad publicity.

There were carjackings in front of the casino, their security guards beat Richard Swan, who over a year later still suffers from medical issues.

NOW, Mark Macarro, who led the council to act outside the tribes constitution and bylaws, wants to keep Californians from being able to have online poker.

Macarro testified before a California Senate hearing yesterday:

Macarro invoked the raw history of the state and federal governments breaking treaties with tribes.

"When times are good, the state has agreement with tribes. When times are bad, they break agreements with tribes. That's a dangerous road to go down," Macarro said.

This is the same Mark Macarro that had his tribe's casino put in extra Class II gaming machines, that looked like a slot machine, acted like a slot machine, but wasn't really a slot machine to try to get around the "state's agreement with tribes". A clear violation of the compacts, that almost led to a shutdown of the casino.

Macarro Threatens to withhold Money:

Arguing that the games violate the tribes' gambling agreements with California, he said his tribe may withhold more than $42.5 million in annual casino revenue-sharing payments to the state if California approves online poker.

So, we have the leader of a tribe, who tried to keep us from our rights to vote as citizens of California, which eliminated 25% of the tribe to fatten their per capita checks to $360,000 each, ripped healthcare from over 300 people, forcing the state to pick up that responsibility, NOW trying to keep the state from generating more income from POKER, which is already legal in California.

SHAME ON YOU, Mr. Mark Macarro