Tuesday, June 4, 2013

David Wilkins on Path Forward for Disenrollees and the Federal Government. South Africa was a Sovereign Nation Too, Congresspeople

Professor Wilkins writes on Disenrollment and Sovereign tribes. A reminder that SOUTH AFRICA was a sovereign nation too. 

 Disenrollment, a seemingly innocuous term when used outside Indian country, has become a loaded word that rivals, if it does not surpass, “termination” as a concept that invokes fear and trembling in those natives who suffer its consequences. While the federal policy of termination in the 1950s was the formal repudiation of numerous Native nations’ recognition and benefits and constituted an abrupt cessation of the trust relationship; tribes that have instituted disenrollments effectively repudiate an individual tribal citizen’s recognition and benefits and crush the nation’s trust relationship with that person.

Federal termination of Native nations was the intentional destruction of the political and economic identity of an indigenous people; tribal termination via disenrollment of bonafide native individuals is the purposeful destruction of the political and economic identity of a tribal citizen.

Tribal governments justify disenrollments on several grounds: fraud, documentary errors, insufficient blood quantum, and criminal activity are frequently cited reasons. Disenrollees, on the other hand, often assert that their tribes’ official rationales are mere pretenses that conceal the real motivation for disenrollment—the casting out of members who challenge tribal political figures who appear intent on expanding their own economic and political empires.


Learn More on Disenrollment, Ethnic Cleansing in Indian Gaming Country at these Links:

Gaming Revenue Blamed for Disenrollment
disenrollment is paper Genocide
CA Tribal Cleansing
Tribal terrorism
TRIBAL TERRORISM includes Banishment
Nooksack Disenrollment

Disenrollees are deprived of explicit political and economic benefits and lose their legal status as tribally and federally recognized citizens. Culturally, of course, they remain imbued with the core values, beliefs, and knowledge associated with being an indigenous citizen, even if their ability to exercise cultural sovereignty is denied them on tribal lands.

Disenrollment is expanding throughout Native America, with Native nations in at least seventeen states engaging in the practice. Precise numbers are nearly impossible to track down since the nations carrying out the practice are loathe to reveal their numbers,(OP: 75% of the Chukchansi Tribe, 25% at Pechanga and Redding Rancheria) and the Bureau of Indian Affairs will not divulge the data, asserting that it is an internal matter left to each native community.

Evidence of the spread of the disenrollment virus can be found in a spate of recent federal and court rulings. In the first, involving the Cahto Tribe of Laytonville Rancheria Rancheria, the federal court found that the Bureau of Indian Affairs had no authority to review appeals from the tribe’s disenrollment decision. Another federal court ruled that the Pala Band of Mission Indians’ sovereign immunity shielded the tribe’s officials from suit by twenty-seven disenrollees. And last week, the Nooksack Tribal Court in Washington State held that the Tribal Council could move forward on its decision to disenroll 306 tribal members--roughly 15 percent of the nation’s 2000 member population.

Imagine, if you can, the U.S. Congress, the Supreme Court, or President Barack Obama acting to strip the citizenship (which fortunately is not an available penalty under any federal statute—states can’t do it either) of 15% of the nearly 300 million citizens in the United States—a reduction of approximately 45 million persons!

Every sovereign, of course, enjoys as one of its bevy of inherent powers the right to decide who is entitled to citizenship/membership in their nations or states. But true sovereignty fundamentally rests in the hearts and minds of “the people,” and not in the structures of governance or the individuals who have been temporarily elected or appointed to public office. Thus, an act that leads to the formal termination of one’s citizenship, should, if it must be carried out, fall upon the shoulders of all the citizens/members of a community and not a handful of tribal officials since such an act reflects the severance of an individual’s political and economic relationship to the entire nation and not just officialdom.

That said it seems clear that native disenrollments will continue unabated until and unless a more powerful countervailing force emerges at the national level--in the form of a congressional act or Supreme Court ruling--that might stymie the ever expanding number of tribal disenrollments.

In previous writings I have urged tribal officials to pause and reflect on the history, practice, and especially on the rationales they have been invoking to justify these dismemberments, since such draconian measures were rarely carried out historically among native peoples because our ancestors emphasized healing and restorative justice as a way to restore balance and community harmony.

Enter Vine Deloria, Jr. Deloria was one of our gifted philosophers and he produced many works like The World We Used to Live In that improved the lot of Native nations. He was a powerful advocate of native self-determination (individual and collective), but he also believed that governments and governing officials--indigenous and non-indigenous--needed to act with integrity, be accountable, and focus on maturity in all their actions and policies.

In an article in 2001 he urged readers to think imaginatively if we expected to make any real improvements in the conditions bedeviling our nations. He noted that “all things are possible but people have to think beyond the confines of where their minds are at the present time …” in order to change conditions for the better.

His comment along with conversations with several good friends, and given the current political landscape in which several thousand bonafide native individuals who have been disenrolled face a dire situation in which there are currently no effective avenues available to them to secure any semblance of justice, prompted me to consider some alternative organizational arrangements.

But two options may be available to native disenrollees who seek to restore, at the very least, their federally-recognized status as natives, if not their tribally-derived citizenship. A provision in the Indian Reorganization Act (IRA) of 1934 provides the first potential route. Section 19 of the act provided three definitions of the term “Indian.” First, it included “all persons of Indian descent who are members of any recognized Indian tribe now under Federal jurisdiction.”

Second, it applied to all individuals who were “descendents” of those members who, as of June 1, 1934, resided within a given reservation’s borders. And third, and of a special importance for our purposes, the term included “all other persons of one-half or more Indian blood.”

While the IRA has been amended several times since 1934, the definition of “Indian” has not changed appreciably. In Title 25 of the Code of Federal Regulations (2011 ed.), the term “Indian” is defined in two ways: “all persons who are members of those tribes listed or eligible to be listed … as recognized by and receiving services from the BIA … and “any person not a member of one of the listed tribes … who possess at least one-half degree of Indian blood” (25 CFR 81.1 (i)).

I am familiar with the one-half blood category because some of my own people, the Lumbee, who were not formally recognized by the U.S. as a nation in 1934, did apply for individual federal recognition under this provision and, after many years, eventually compelled the BIA to recognize them in the 1970s. They received some financial benefits as a result.

Current disenrollees who believe they meet the scientifically and politically problematic one-half blood quantum threshold, might consider invoking this provision as a way of forcing the Department of the Interior and the BIA to meet their political and economic, if not their cultural needs. Such a challenge might also allow an assault on the very notion of “blood quantum” itself—a phrase of dubious scientific and social credibility.


GABRIELENOS Seem What Many Say is IMPOSSIBLE: Recogntions from the U.S. Government

The Native American culture of Andy Salas' ancestors dominated the San Gabriel Valley long before Junipero Serra set foot in California, but to the U.S. government, Salas' tribe, the Gabrieleno, doesn't exist.

Andy's father, Ernie, 82, has been trying for much of his life to make the government acknowledge his tribal identity, culture and history. He's had little success and recently told his son he is too tired to fight anymore.

But Andy Salas said he's not going to let his father's dreams of recognition be crushed by a federal government that came on the scene long after the Gabrielenos.

"My dad is depressed, he told me I don't want anything to do with that," Andy Salas said through tears. "He said, 'No, you don't understand, I tried half of my life to get this right and these guys did me dirty.' That's why I do what I do today, because of him."

Five years ago, Salas decided to take action to ensure that his father could see the day his tribe, the Kizh Nation of the Gabrieleno Band of Mission Indians, is officially recognized. He has spent years gathering the necessary documents and criteria to apply for acknowledgement from the federal government, and in 2010 he submitted a fresh petition on behalf of the tribe of about 500 people he heads in San Gabriel.


And Salas is far from alone in his quest; the Kizh-Gabrieleno are among 79 tribal groups that have submitted petitions to the Bureau of Indian Affairs' Office of Federal Acknowledgement - and most of them are still waiting.

"We are known as refugees in our own land," Ernie Salas said.

Read the FULL ARTICLE HERE

Monday, June 3, 2013

Remember Apartheid Leader Mark Macarro, Thief of Pechanga Heritage, Threatened Allottees with Expulsion via His Apartheid System?

We have written before on the APARTHEID system in force at Pechanga at Pechanga. 

APARTHEID as described by the dictionary is:
a•part•heid
2. any system or practice that separates people according to race, caste, etc.

Pechanga is doing just that, determining that families with historical ties to the origins of the reservation are ‘no longer pure’ in their eyes. They may be Temecula Indian, but “they aren’t Pechanga.” Even though the expert hired BY Pechanga proved that we were


Here is what Pechanga members who have been stripped of their citizenship in the tribe have lost:

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. Or in some cases FROM the tribal Rangers

Here is a copy of the letter that was presented to those people living on the reservation who are called "non-members" even though most are living on land that was given to their ancestor when the reservation began, roughly 90 years before council member Russell "Butch" Murphy was adopted into the tribe.


Threatening letter by Pechanga Chairman Mark Macarro and the Tribal Council including Adopted Member Russell "Butch" Murphy    Click on photo to enlarge

The threat is very clear: Fine of $5,000 and exclusion from their own property. THAT is APARTHEID, pure and simple. The tribe is trying to force residents who own property OFF the reservation. Remember when they tried to Steal allottee’s water rights?

Mark Macarro, have you NO shame

Cherokee Nation Restricting Freedmen From Voting Says Candidate Robin Carter Mayes

PRESS ALERT - Cherokee Council candidate Robin Carter Mayes files motion to intervene in Federal Court Case Cherokee Nation v Nash (Cherokee Freedmen Case).

IN Case No.: CV-2011-648-TCK-TLW
THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA

From the Motion:

"Robin Mayes has knowledge, information and belief that the Plaintiff, by and through its Citizenship Registration Department, is restricting the “Cherokee Freedmen” from registering as Cherokee"

"All Cherokee Citizens should have the right to vote;" said
Robin Carter Mayes
Candidate for Cherokee Council At-Large
UCNchiefMayes@clear.net
940-206-0537

Friday, May 31, 2013

The Chukchansi Lament: What Has Tribal Gaming Wrought? Disenrollment, Elder Abuse and Human Rights Violations.

From the Facebook page of Chukchansi Prci.  Disenrollments, Violence, Elder Abuse and Civil and Human Rights abuses from corrupt Tribal Councils. Certainly NOT the Indian Way.

Sometimes it is hard to understand what is going on with our Tribe. (Greed), Rightful members,
Kick them Out, Allotment’s, Distributes, Special Relations, Petitioners,  They don’t know us, wrong color of skin, hair etc., DNA, Banned, sanctioned, sanctioned for 100 years, banned for life, on the wrong side of the hill, the fence and it goes on and on.

It was not this way, until the casino was standing!

Late 2002, we started taking applications for the casino. At that time there were close to 18 Tribal Members working for a company called (Cascade Entertainment), they were to see over “our tribe’s” big adventure, (ChukchansiGold) and Resort.

The times were good, and then one day, we got a check for close to $8,000.00 dollars. I remembered it well, I ran through the house screaming, I bought all of the things I thought I needed, and bought everyone that was close to nice stuff.

Then we had big parties for Christmas, Easter, even Thanksgiving. I had a nice job, I was married, had a car, even two now, and rented a condo in a gated community.

Then “we” started receiving monthly checks, they would just show up in our accounts like magic, they got bigger, and sometimes if we would meet with the tribe, they would give us more monies.

We got money for just being a direct descendent of a great, great, great grandfather, or grandmother. Our constitution said “even if we were “lineal descendant”, meaning, and forever great’s.

Today, we stand so far from one another though. I do not care if it were greed, power, and fear. Just the fact is we do not stand for much other than a tribe of fools. Do not perceive this wrong; we all want what is best for the tribe as a whole…right? In our case there are too many Chiefs and we are killing our own Indians, so we don’t even have enough Indians. Do you feel Indians today, is it when you look in the mirror and see, dark hair, dark eyes, a tattoo saying you are, bead work, a tribal card, one card from the Bureau Of Indian Affair’s, you know the ones that gave us land that they took away.

Told us where to stand and for how long.

There… now follow me; This war is not about who looks Indian, speaks Indian. No this war started the day “they stepped on our shores, and if you listen with your ears to the ground, they are here to get gold, and that they do. They have taught us many things, and most of it is of the bad world.

They taught us to love money, they taught us to colonize, become civilized, don’t use a knife to kill, use this Atomic bomb. They taught us to hate one another; they poisoned our food, our minds our animals our birds of the sky, our hearts and souls. It is just not the white man, first we fought off many, different lands other than where the white man comes from.

Our ignorance of listing to the wind, calling upon the Creator, has dissipated like dew from the tall lilies in the fields. We are no longer, we do not know who we are anymore, some say, his tongue is sick, yes this person who speaks these things does not know my heart. Then I ask you to stop and ask yourself, how does your soul feel right  now?   Did you really think? If you heard, I do not feel well, you are on the red road to recovering our souls back, and then the trek starts.

See you in a while, I will fix this
Cordially Yours, Bridge Walker

READ MORE ON CHUKCHANSI ABUSES:


Picayune Rancheria

Chukchansi thuggery

Picayune Rancheria of Chukchansi Indians

Chukchansi disenrollment

Chukchansi Council Dispute

CA Gov. Jerry Brown Reduces Shingle Springs Miwoks Payments to the State...

  California Gov. Edmund G. Brown signed AB 1267 which ratifies the amended compact he signed with the Shingle Springs Band of Miwok Indians last November. The ratification bill was approved by both houses of the legislature with zero opposition. The compact has been forwarded to the Department of the Interior for final approval.

Under the new compact, the tribe would pay the state 15 percent of Red Hawk's slot-machine winnings. Currently, the state collects up to 25 percent of the slot winnings.

Read more here: http://www.sacbee.com/2013/05/30/5459314/gov-jerry-brown-signs-bill-to.html#storylink=cpy

The compact allows the Tribe, which owns and operates Red Hawk Casino, to restructure and refinance its debt to ensure financial viability of its gaming enterprise and its continued operation as an economic engine for El Dorado County.

Tribal Chairman Nicholas H. Fonseca said, "This amended compact is crucial to Red Hawk Casino's financial sustainability and was agreed upon in the spirit of the Indian Gaming Regulatory Act to finally allow the Tribe to benefit from its tribal gaming. This compact will enable our gaming enterprise to be in a position to continue to benefit our tribal members, our employees, the state and our local community."

The Shingle Springs Tribe has a long history of positive partnership with the state and El Dorado County. The Tribe has made, and will continue to make, significant contributions to El Dorado County to mitigate the impacts of its gaming facility. The Tribe funds public safety and road improvement projects, and operates a health clinic. All of these projects serve the broader community and these benefits were achieved with funds generated from Red Hawk Casino.


MONEY QUOTE from the bill:

SEC. 3.  The amount of the revenue sharing payments made by the
Shingle Springs Band of Miwok Indians to the state pursuant to
Section 4.3.1 of the amended tribal-state gaming compact between the
tribe and the state ratified pursuant to Section 12012.53 of the
Government Code, during the period between July 1, 2012, and the date
the amended tribal-state gaming compact between the tribe and the
state ratified pursuant to Section 12012.58 of the Government Code
becomes effective, inclusive, is transferred from the General Fund to
the Shingle Springs Band of Miwok Indians Trust Fund, established
pursuant to Section 12012.585 of the Government Code, as an initial
deposit pursuant to the terms of the amended tribal-state gaming
compact ratified pursuant to Section 12012.58 of the Government Code
and any trust fund agreement executed by the state and the tribe
pursuant to that tribal-state gaming compact.

Thursday, May 30, 2013

Hoopa Valley Tribe to Banish All Non Tribal Sex Offenders from Rez. Tribal Sex Offenders Need Not Worry..


The Hoopa Valley Tribal Council voted unanimously to begin the process of banishing all non Hoopa tribal member sex offenders from Hoopa.
The Tribe’s Title 5, which allows exclusion of both tribal and non-tribal members from the reservation, has gained attention in recent months because two tribal members are presently undergoing the exclusion process via the Tribe’s court system.
It’s also raising concerns for local law enforcement.
“The problem is, all we can do is move them to the other side of the reservation boundary,” Lieutenant Ed Guyer with the Hoopa Valley Tribal Police Department said. “The District Attoney’s office won’t prosecute violations of tribal law.”
Councilmembers Hayley Hutt and Ryan Jackson said that’s something that needs to be worked on.

The Tribe’s lead attorney, Mary Jane Risling, said there was discussion about placing potential penalties for violating and exclusion order on the upcoming special election ballot. Hypothetical penalties were mention, but have yet to be fine-tuned and presented for placement on the ballot.
“We don’t have a coordinated approach to law enforcement,” Risling said when commenting on the District Attorney’s inability to prosecute tribal law and Humboldt County’s efforts to conduct sex offender sweeps.
Guyer said it’s hard to know who all of the sex offenders are.
There are several on the Megan’s Law list, a public state registry, accessible online, that lists sex offenders by zip code, county, name and map. But, not all sex offenders are in compliance with their registry, nor are all offenders required to register on the state-run list.
Another motion was passed that will require all sex offenders to register with Hoopa Valley Tribal Police. The motion is redundant of an existing tribal law, Title 47, which requires the Tribal Police Department to maintain a registry of their own separate from the Megan’s Law List.
“Currently, everybody on the Megan’s Law list is in violation of tribal law because nobody is registered with us,” Guyer said.
Added to the motion is a clause that requires Tribal Police do outreach to inform the public that they are beginning the registry process and that it is required by tribal law.
Councilmember, Hayley Hutt made both of the motions and said, “We have to make a stand on this at some point.”
The motion to begin exclusion proceedings of non Hoopa tribal members could affect up to six registered sex offenders on the Megan’s Law List living in Hoopa.
Hutt said there are more registered sex offenders in Hoopa than there are in the entire city of Arcata. And, Willow Creek has only four listed offenders.
A recent search of Megan’s Law shows that zip code 95546 (Hoopa) has 17 registered offenders. At least three of whom are residents of the Weitchpec and Pecwan areas, which share the same zip code. Six of whom are not Hoopa tribal members. The remaining eight registered offenders are Hoopa tribal members.
http://www.tworiverstribune.com/2013/05/hoopa-tribe-starts-banishment-process-of-non-tribal-member-sex-offenders/

Wednesday, May 29, 2013

Who is the REAL Leader of the Incredibly Shrinking Chukchansi Tribe? Should the BIA pull the RECOGNITION of the PRCI?

Pulled this from Facebook with permission. The so called leaders of Chukchansi only follow the tribal constitution when it suits them.   Should recognition be PULLED from the tribe?

Who is the real leader of our Tribe?
The answer is: Neither

Are we going to allow Nancy and Reggie to rip our Tribe apart?
The answer is NO!

The time has come for a new election.

The following are a list of reasons why there must be immediate change:
Both factions are corrupt, each accusing the other of stealing money, Nancy from the Casino Cage and Reggie/Chance from Chukchansi Inc.

This mess would of never happened if Reggie and Chance would have stepped down after losing the 2011 Election and if Jennifer Stanley and Nancy Ayala did not back them up. Nancy accepted an illegal referendum that was signed by 14 people when it actual required at least 250 people. Furthermore, Nancy stated that there were only 46 official Tribal Members. She then appointed Jane Wyatt on the Council, violating the Constitution in the process. Since Jane had been removed from Council for illegal activities, she could never be on the Council again.

Due to the split, both factions lost a quorum. Nancy/Charlie could not bring Tracey and Karen back from being suspended and Reggie/Chance/Buzz claimed Charlie when it was clear that Charlie was siding with Nancy.  Reggie/Chance/Buzz had no authority (Lack of a quorum) to use Tribal dollars in renting office space over-looking the San Joaquin River. $$$


Nancy hired Bulldog Gang gang members as security guards. Do we want her as our Tribal Council Chairperson when she associates herself with gang members? Nancy’s Council appointed Nancy’s brother, Joe Ayala, to the Tribal Gaming Commission even after he failed a background check for his criminal history. Nancy, Jennifer, Chance, and Reggie were once good buddies when it came to destroying the Tribal Office by breaking windows, throwing burning logs and shooting pepper spray into the building. Now they are bitter enemies.

None of them are leaders. Nancy and her illegal Council took it upon themselves to broadcast to the world our problems by taking out a full page ad in the Fresno Bee. It was sickening and embar-rassing reading our dirty laundry. Furthermore, how much money did that full page ad cost? Under Reggie, Nancy, Jennifer, and Chance’s leadership, the Tribe has fallen apart and they are financially running the Tribe into the ground. In the process, they are jeopardizing our Casino by not paying $2,000,000 in interest to the bond holders. Do you know why your per capita payment in January was less than December? They gave your per capita dollars to Dustin Graham. Dustin claimed he was wrongfully sanctioned for 3 years and deserved your per capita. The truth is that Dustin was rightfully sanctioned for having an affair with a Casino employee while he was the Tribal Chair-person and for purchasing an Arlen Ness motorcycle for himself. Shame on you Reggie, Nancy, Jennifer, Chance, and Dustin.

Please go to this link http://www.thisamericanlife.org/radio-archives/episode/491/tribes?act=1#play and listen to Reggie selling out the Allotees for “Special Relationship”. Reggie says he follows the Constitution because it’s the law of the land. If that is true, why did Reggie appoint David Castillo on to his Council, knowing that he does not live within the 75 mile radius of the Rancheria? That is violation of Article 7, Section 3.

It is time for all of us, as Tribal Members, to demand a new election immediately and to elect a competent Council that can lead us out of this mess that Reggie, Chance, Jennifer and Nancy created.
If you believe that it is time for a change please sign the Clean Slate referendum and mail it today.

Sunday, May 26, 2013

The Pechanga Band of Luiseno Indians ALSO keeping VETERANS OUT of the Tribe. Tosobol Family Veterans Kept on the Outside by their OWN FAMILY.

The stain of Pechanga's unconstitutional moratorium lingers in its second decade.  As we observe Memorial Day in rememberance of those who served, we have a partial list of Tosobols who we in our armed forces.   Shame on Phillip Ibanez and his family for keeping their OWN family members OUT.


Manuel Rios Sr.   -  US Navy
David Mendoza    -  US Navy
Daniel Mendoza   -  US Air Force

Pechanga FORGETS their Military History on Memorial Day. Thank You Veterans, For Defending Our Country

The Hunter Family, disenrolled from the Pechanga Band of Luiseno Indians after over 200 years of living in the Temecula area have many veterans who served in our military.  Once the Pechanga Resort & Casino opened, corruption lead to exterminating these veterans from their membership rolls and history.

Pechanga Veterans of the Hunter Family

We salute our Pechanga Veterans for your courage, honor and commitment.

· Cuevas, Felipe - Army
· Cuevas, David - Army
Cuevas, Thomas - Army
Vasquez, Robert - Navy
· Harris, William A - Air Force
· Miller, Dario - Army
· Miller, John D - Navy
· Miller, Louie - Army
· Poole, Mary Ann - Navy  - Husband Paul A. Poole served in the US Navy.
. Poole, Gregory - Navy
· Smith, Maltilda - Army    - Husband Frank Smith served in the Air Force.
. Smith, Frank - Air Force
. Smith, Ernest - Navy
· Tavison, Ernest - Army
* Madariaga, Lawrence - Army

I'm sure I've missed a few. Thank you to all Pechanga people who have served. And shame on the Pechanga Tribal Council for staining the memory of these fine people above. We should honor their memory (and,for those still living) with our courage to maintain this fight to regain what is rightfully ours.

FEEL FREE TO Add your veteran's name in the comments.  THANK YOU TO ALL who served.

Saturday, May 25, 2013

Jeanette Hanna, BIA OFFICIAL Spends $178K in two years. Didn't Follow RULES on expenses.

You think our government, when facing sequester for overspending, would have check EXPENSES as the very first way to save money.   Now, we have a BIA official spending nearly $200K of our money! Money that could be used for Indian Health Care maybe?   Who's running things at INTERIOR?  Looks like the Obama Administration needs to be more diligent with our money.

When last we checked in with Jeanette Hanna, a polarizing official at the Bureau of Indian Affairs, she was making waves with an unspecified “personnel matter” and a controversial posting in Washington.

Now we’ve seen an inspector general report revealing that her 775-day detail to Washington, which ended in February 2012, cost taxpayers nearly $178,000 — and oh, what a trip it was.

According to the damning IG findings, Hanna (who is still employed by the Interior Department) spent more than $30,000 to rent an SUV, when rules say she should have gotten a cheaper compact car, and frittered away more than $33,000 renting a hotel room that sat empty while she traveled back to her home in Oklahoma for a whopping 283 days of her detail.

She also tried to get reimbursement for a full per-diem payment during the time she spent in Washington (even though rules say employees should only get 55 percent of the per diem during such extended trips)

When the Loop contacted the Interior Department, which includes the Bureau of Indian Affairs, for a comment, a spokeswoman said the report “speaks for itself.”

Money aside, the IG report also paints Hanna as a bit of a nightmare boss. According to a preliminary report into complaints, while a regional director in Oklahoma, Hanna installed 40 extra security cameras for her office “with live feeds, to monitor employees.” Some underlings “were physically shaking” during interviews about her, according to an investigator, “and feared retribution,” the report notes.


Read more about Jeanette Hanna and BIA overspending HERE

Thursday, May 23, 2013

Chukchansi Tribal Council Issues Open Letter to Tribal Members, Want END to Sabotage Campaign

A four-member quorum of the Chukchansi Tribal Council, headed by Tribal Council Chairwoman Nancy Ayala, has mailed an open letter to the central California Tribe’s membership decrying what the quorum believes to be the bad faith negotiation tactics of three “rogue” Council members whom the majority believe to be conducting a “sabotage campaign” against the Chukchansi tribe’s best interests.

OP:  From a disenrolled Chukchansi:     It is well known that numerous financial improprieties against the welfare of the tribe have been committed by members of ALL THREE FACTIONS claiming "ownership" of the Picayune tribal government...OVERWHELMINGLY SO with the arbitrary and capricious DISMEMBERMENT of OVER A THOUSAND chukchanasi people since 1999, which is chukchansi indian blood on the hands of ALL THREE FACTIONS....

In the letter, the Council Quorum details its daily efforts to manage “critical Tribal business, including overseeing the Chukchansi Gold Casino & Resort and handling the everyday responsibilities of Tribal government.” The Council Quorum explains in the letter that negotiations with the minority faction, headquartered in Fresno, broke down “when word reached the Council Quorum that the (accused ''rogue'') group had cancelled the health insurance of dozens of Chukchansi Tribal members.

“We continue to do the work of the Chukchansi people from our office on the Rancheria, fighting against the sabotage and wasteful spending of the minority group led by Reggie Lewis and Chance Alberta,” said Tribal Council Nancy Ayala. “The Tribe’s forensic audit also continues its work, every day uncovering more evidence of serious issues with how the Lewis-Alberta group has done business in their own self-interest.”

The text of the Council Quorum letter is as follows:

A Letter From The Tribal Council Quorum

Nancy Ayala, Chairwoman; Tracey Brechbuehl, Secretary; Dr. Karen Wynn, Treasurer; Charles Sargosa, Member at Large

As the majority group of the Chukchansi Tribal Council, duly sworn to uphold the laws of our Tribe’s Constitution, we write to you today to be as informative as possible about the ongoing political conflict that has made life so difficult for our Chukchansi people. As you know by now, three members of our Council left the Rancheria in February 2013. Shortly thereafter, Council Members Reggie Lewis, Chance Alberta and Carl Bushman set up an unconstitutional rogue Council headquartered in a $20,000-a-month office tower in Fresno.

Since then, the Lewis-Alberta Council minority has embarked on a relentless, distortion-filled campaign of sabotage meant to harm our Tribe, the economic engine that is our casino and the quality of life enjoyed by each and every Chukchansi citizen. In an effort to return stability to our people, your Council Quorum continues to work every day on the Rancheria, attending to critical Tribal business, including overseeing the Chukchansi Gold Casino & Resort and handling the everyday responsibilities of Tribal government.

We will continue to fulfill these responsibilities day in and day out in a professional manner. We will not be intimidated, nor will we be coerced into abandoning the Chukchansi people.

Recently, in an effort aimed at negotiating an end to this sabotage campaign, members of the Council quorum traveled to San Francisco and to Phoenix to meet with the Lewis-Alberta faction and its lawyers. While it was difficult to sit at the negotiating table with a rogue group that constantly puts its self-interest ahead of our Chukchansi brothers and sisters, we believed the stability and well-being of our people must be more important than personal sleights and past wrongdoings.

Sadly, the Lewis-Alberta faction did not negotiate in good faith, nor did they make a serious attempt to end a dispute that has placed our Tribe’s economy in serious jeopardy. Therefore, when word reached the Council Quorum that the Lewis group had cancelled the health insurance of dozens of Chukchansi Tribal members, and when we received forwarded copies of their lie-filled May 2013 newsletter, we felt there was no point in continuing talks that were premised on falsehoods and destined to fail.

What does this mean for you?

Unfortunately, it means that the business interests of our Tribe – the economic engine you rely on for per-capita payments and the security of your family – remains at risk. Because of the actions of the Lewis-Alberta group, relationships with casino vendors have been badly damaged, bills have gone unpaid or been paid late, and the bond indenture used to finance the casino stands in peril of default.

Your Council quorum, along with the lawfully empaneled Chukchansi Economic Development Authority and the lawful Tribal Gaming Commission, will continue to work to preserve our Tribe’s economy and our day-to-day business interests.

It’s likely, however, that the Lewis-Alberta faction will continue to follow their present self-serving course of action, using Tribal resources to harm rather than improve the lives of the families, elders and young people of our Tribe.

One such expenditure, estimated at more than $300,000 by the Tribe’s forensic audit team, is the illegal referenda put forward by the rogue group. This vote in no way followed the Chukchansi Constitution or the processes of our Election Committee. As Chairwoman Ayala explained in a recent opinion column in the Sierra Star newspaper (see attached), this latest Lewis-Alberta faction deception hired a ballot-processing operation (the so-called Indian Dispute Resolution Services) that employs a Lewis relative who worked on the referenda. More importantly, by offering a one-time per capita payments in return for votes, the referenda appears to have been nothing more than a bribe – one that apparently worked on only a bare majority of voters.

Again, your rightfully empanelled Council Quorum remains in place, undeterred by this sham effort. The four members of the Council Majority will continue to do the business of the Chukchansi people. What’s next on our agenda?

Per capita payments – By the time you read this letter, you will have received your most recent per capita payment. The Council Quorum will continue to fight to preserve this lifeline for our people.

Health insurance issue – As you read this, we are working to determine the extent of the health insurance cancellations caused by the Lewis-Alberta group. We will report back to you immediately with answers and potential resolutions.

Forensic audit – A team of experienced forensic auditors is at work probing the financial expenses made by Chukchansi, Inc. and other subsidiary entities that have long been controlled by Reggie Lewis and Chance Alberta. Because these expenditures involve millions of dollars and documentary evidence of Lewis-Alberta expenses, which are flimsy at best, this has not been an easy task. However, the audit teams has uncovered evidence of serious tax issues already being pursued by the State of California. When the investigators’ preliminary report has been prepared, we will get back to you with additional information.

Finally, the Council Quorum and our other lawful government entities remain in regular communication with the National Indian Gaming Commission and the California Department of Justice. We will do everything in our power, including taking legal action, to protect the interests and financial security of the Chukchansi Tribe.

On our watch, no individuals will be allowed to divert Tribal revenue and resources for their own personal gratification. That has never been the Chukchansi way and it cannot and will not be tolerated.

If you have any questions, please feel free to contact us at the Rancheria offices at (559) 683-6633. Thank you.

Wednesday, May 22, 2013

I.R.S SLAMS Miccosukee Indians for $170 MILLION in Tax Liens For Failing to PAY


We wrote about this story in October 2012:Another Crack in the Sovereignty Dam
Now the IRS has lowered the book.

The Internal Revenue Service has slammed the Miccosukee Indians with a bill of $170 million for the West Miami-Dade tribe’s failure to report and withhold taxes from its distribution of gambling profits to tribal members, according to court records.

In a long-running battle, the IRS also has smacked hundreds of the tribe’s members with separate bills totaling $58 million for their failure to pay personal income taxes on those distributions during the same period, 2000 to 2005, records show.

The agency’s crackdown comes after years of fighting with the 600-member tribe over its refusal to pay taxes on the distribution of profits from its casino operation off the Tamiami Trail. The assessments for back taxes, interest and penalties, outlined in federal tax lien notices filed in Miami-Dade Circuit Court, reveal for the first time the sheer scope of the tribe’s tax problems with the IRS.

Without the extras, the tribe’s withholding taxes alone for 2000 to 2005 totaled $45 million, and individual members’ taxes amounted to $30 million for that period, according to the tax liens.

The tax obligations of the tribe and its members are expected to soar because IRS examiners also are auditing the Miccosukee’s gambling distributions for the years 2006-2010, when payouts to each member were as high as $160,000 annually.

Despite the audits, the Miccosukee Tribe continues to argue that it does not have to withhold taxes on the gaming distributions and that individual members do not have to pay taxes on the income derived from the Miccosukee’s bingo-style slot machines and poker.

“The Miccosukee people will continue to pay all applicable lawful taxes, as they always have, and we will continue our efforts to find a fair and workable solution to this dispute,’’ Chairman Colley Billie wrote in a statement to The Miami Herald Tuesday.

“The Miccosukee people, however, will not be intimidated or coerced by these tax liens into surrendering tribal sovereignty or principles for which so many of our ancestors have paid a very high price in blood, lives, and tears.’’

Read more HERE

HEY I.R.S.! Is a PO BOX on An Indian Reservation Good Enough To Not Pay State Taxes?

I'm just asking.     There are more mailboxes than households of people living on the rez.  What are the chances?  I mean, if a former tribal chairwoman takes a thousand slots worth, say $5,000 apiece and pays no taxes on that gain, isn't that a better place to look than, say...the TEA PARTY?



How many have mailboxes on the rez, but not their permanent residences?

Reporting Income Tax Fraud


If you believe an individual or company is not complying with California's personal income tax or corporate income and franchise tax laws, you can report that information to Franchise Tax Board (FTB). We do not offer rewards for reporting this information.

Income tax fraud is intentionally paying less tax than you owe.

Examples of income tax fraud are:
Failing to report all income received.
Claiming to be a resident of another state while residing in California.
Making false or fraudulent claims for refunds.
Not filing state income tax returns.
Questionable tax practitioner practices.
Opening and closing of new businesses to evade taxes.
Preparing documents, books, and records that understate the true income or overstate the expenses of a business.


Call: 800.540.3453, M-F 8:30 a.m. - 4 p.m. (PST)