Cosby Show Actor: TRIBAL DISENROLLMENT IS ABOUT GREED AND POWER!

In the last 20 years or so, close to one billion dollars has been stolen from Native Americans! 

Actor and Activist Joseph C. Phillips discusses Tribal Disenrollment on his website

So what’s new?  “Whitey” has been stealing from “Indians” since they arrived on these shores.  Well, what’s new is that this time the thieving is being done by other Native Americans and the theft is achieved through a device known as tribal disenrollment.  

Disenrollment

is the term used when some members of the tribe decide that other members of the tribe are no longer members of the tribe.  Sometimes disenrollment occurs when members can’t provide proof of their lineage, or membership in the tribe prior to some specified date.  However, disenrollment also occurs when one faction of a tribe takes power and rewrites rules, thus excluding opposition factions.  Previous tribal chairmen or board members have been disenrolled simply for being on the wrong side of a political issue or daring to buck the system.

READ MORE at the link above and SHARE with your family and friends and ask that they do the same

Pala Chairman Robert Smith's Plot to Remove the Brittens Exposed: BIA CALLED OUT

Pala's Brittain family has prepared a treatise on the Margarita Britten Disenrollment Matter designed to enlighten both the interested public AND Pala members and disenrolled.  My blog is the vehicle for this and the Pala disenrolled have the supporting documents, as does the BIA. 

MOST PEOPLE OF PALA DO NOT EVEN UNDERSTAND THE BRITTAIN/BRITTEN/BRITTIAN CASE 

(Even some of the Britten Family)

This is very true. If you ask the average tribal member what the Britten case was about they really do not know the answer. For Robert Smith it is the end of a more than 40 year battle to rid the Pala Reservation of the Britten family. For the Brittens, it is just the beginning of a new battle, one which they have always won and will win.

The first challenge came when Juliana Calac challenged the blood degree of Margarita Britten, Allottee #25, in 1961, as was her right to do. Mrs. Calac was the chairperson of the first BIA sanctioned enrollment committee of Pala. (Julia Calac, herself was an Ortega and the Ortegas were adopted into the Saubel/Ortega family in the 1880’s.) OP: WHY is it always adopted members who want to harm real tribal members? She was not a Cupeño Indian. She also challenged the blood degree of Catherine Valenzuela, Allottee #149. She challenged the right of Alvino Salazar to be enrolled at Pala.

On February 27, 1962, 063-Pala Reports and Recommendations, the BIA informed Juliana Calac that Margarita Britten was indeed a Full Blood Indian. The BIA determined that Catherine Valenzuela was only ¼ Indian and not ½ Indian as she had claimed. It was also determined that there were no records demonstrating that Alvino Salazar was a descendent of any Pala Allottees.

The Pala Band Enrollment Ordinance granted anyone and everyone a full 18 months to challenge this decision. It was not  The decision was final. The time to appeal this decision had run and the statute of limitations had run as well.

As far as the Britten family can tell, the next challenge came from Patricia Nelson, perhaps as retaliation for the BIA ruling against her family. The BIA has refused to produce the supposed petition submitted by a group of Band members to the BIA challenging Margarita Britten’s blood degree in 1983. The only real hint to the existence of this petition comes from letter exchanges between the BIA and Patricia Nelson in 1989. It was not a petition of PBMI. (Pala Band of Mission Indians)  PBMI accepted the determination of the BIA in 1989 and did not appeal that decision that Margarita Britten was Full Blood.

That should have been the end of it. But it wasn’t. Robert Smith was convinced that Margarita Britten was not full blood and began a relentless battle to achieve power that would allow him to disenroll the Brittens. This is not a product of 2011. It is the result of a long drawn out conspiracy on the part of Francis Muncy and Amy Dutschke to help Robert Smith achieve his goal.

Robert Smith began inquiring as to what he needed to do to get the BIA out of approving the PBMI Rolls. Francis Muncy and Amy Dutschke both advised Robert Smith to take action to have the BIA removed as having final determination over who is and who is not a member of PBMI. Records of this correspondence are on file with the BIA. 

Chukchansi Elections 2015: "Impartial" Screening Service IDRS...Not so Much?

Our friend  and Chukchansi Warrior Woman Cathy Cory posted a letter she sent to IDRS questioning their fair and impartial handling of the upcoming elections at the Picayune Rancheria of Chukchansi Indians.   

I have sent the following inquiry to the company "Indian Dispute Resolution Services", which has (as some of you may not know) been hired by the current "bia approved prci tribal council" to both screen/approve tribal council candidates for election and oversee verification of registered voters/election results for the october 3rd, 2015 election at picayune:

"Interesting, that your company, Indian Dispute Resolution Services, is now hired to be used to screen candidates for tribal council at Picayune Rancheria of the Chukchansi Indians, and oversee a "clean slate" election, verification of voters, etc. there...How can that be seen as in any way "impartial"? Joyce Burel, on staff at your company since 1996 (by your own admission) is both a current candidate for office at Picayune and a direct lineal relation to those of the "Lewis Faction" at Picayune. Sounds ANYTHING but "impartial" to me...Can anyone say "conflict of interest"?

I would suggest the general council of picayune, the PEOPLE, seriously object to these circumstances, and DEMAND a fair and impartial entity be employed to oversee what is supposed to be a "clean slate" election at picayune--NOT "more of the same corruption, business as usual" type of antics which the current tribal council at PRCI appears to be determined to continue today, despite their claims to the contrary....

We posted BEFORE on the appearance of impropriety, or at least the lack of impartiality here: Chukchansi Leadership Dispute PART TWO: Joyce Burel IDRS Mediator, Relation to Reggie Lewis, Sides with...REGGIE LEWIS

GEEZ.....do you smell the stink yet??

Pechanga Corruption: Cosentino Attorney RESPONDS to Pechanga Gaming Commission's Attorney Frank Lawrence

WOW, and you thought Ronda Rousey was tough.   Here's Attorney Andrew Twietmeyer's response to defendants attorney Frank Lawrence's request for depublishing the decision that the appeal's court thoughtfully rendered.


Cosentino vs. Fuller should not be stricken from our state's case law based on the summary, slap-dash, ill-informed and (now) deliberately misleading arguments that have surfaced in the numerous depublication requests filed in this Court.  Defendants' disgraceful Request is the most potent illustration of why Cosentino vs. Fuller was correctly decided, for, if Defendants arguments had any merit Defendants would not need to fabricate law and evidence to support their position. Cosentino vs. Fuller should remain published. 

Geez, tell us what you REALLY think, Mr. Twietmeyer...   READ his opposition response:


Oppostion response on Turtle Talk

CUPA Newsletter: Why Pala Band Of Mission Indians SHOULD NOT BE Federally Recognized

The Juaneno and Gabrieleno tribes, both NOT FEDERALLY recongnized should be raising a RUCKUS over how this group was able to obtain federal recognition.     Take a look at the newsletter King Freeman of Pala, who has been denied his participation rights in meetings, as well as having his voting rights stripped, has sent out: 

Cupangawichum 

(People Who Sleep in the Water)

In the first Cupa Newsletter it was said that it is the Old Pala Indians who are the Pala Band of Luiseno Mission Indians of the Pala Reservation.  This is the tribe that is listed in the Federal Register.

All of the lands of Old Pala were allotted to the Luiseno Indians and therefore the Pala Band of Luiseno Mission Indians are a landless tribe.

The Pala Band of Luiseno Mission Indians are not organized and do not have any governing documents. Below are entries of Federally recognized tribes in the Federal Register over the past 3 years.

Federal Register /Vol. 78, No. 87 /Monday, May 6, 2013 /Notices
Paiute-Shoshone Tribe of the Fallon Reservation and Colony, Nevada
Pala Band of Luiseno Mission Indians of the Pala Reservation, California
Pascua Yaqui Tribe of Arizona

Federal Register / Vol. 79, No. 19 / Wednesday, January 29, 2014 / Notices
Pala Band of Luiseno Mission Indians of the Pala Reservation, California

Federal Register / Vol. 80, No. 9 / Wednesday, January 14, 2015 / Notices
Paiute-Shoshone Tribe of the Fallon Reservation and Colony, Nevada

Pala Band of Luiseno Mission Indians of the Pala Reservation, California

Pascua Yaqui Tribe of Arizona

If PBMI was Federally recognized it would appear between Pala Band of Luiseno and the Pascua Yaqui Tribe.

The Pala Band of Mission Indians is not listed in the Federal Register therefore it is not a federally recognized Tribe even though the PBMI Constitution fraudulently states it is a federally recognized tribe.  No wonder Robert is so anxious to become the chairman of the Pala Luiseno.

So why is the BIA calling Robert Smith the chairman of the Luiseno Tribe. Realize that Robert Smith and the BIA just gave the Luiseno people 345 acres of land that was purchased with your money.

This is from the first page in a letter to Robert Smith dated March 3, 2014 from the BIA Director, Pacific Regional Office, Amy Dutschke stating that she has approved taking the land in trust for the Pala Luiseno.

Honorable Robert Smith
Chairman, Pala Band of Luiseno Mission Indians
35008 Pala Temecula Road
PMB- 50
Pala, CA 92059

Dear Chairman Smith:

This is our Notice of Decision for the application of the Pala Band of Luiseno Mission Indians to have the below described property accepted by the United States of America in trust for the Pala Band of Luiseno Mission Indians of the Pala Reservation. ·

The land referred to herein is situated in the State of California, County of San Diego, and is described as follows: ***

Old Pala was established by Executive Order in 1875 at the same time the Agua Caliente Reservation was established in Warner Springs. They were both established in 1875 at two different locations. This means that the Pala Luiseno and the Agua Caliente Cupeño were recognized as separate federally recognized tribes.

The lands purchased for the Warner Ranch Evictees at Pala were purchased for the Agua Caliente Tribe, San Felipe Village, Puerta La Cruz Village and landless Indians not having rights to other lands.

It is these groups that form the Association known as the Pala Band of Mission Indians. The Pala Band of Mission Indians is not a Tribe but an organized group that agreed to govern their lands in an equitable manner.  When Robert Smith pushed his Constitution the BIA approved it stating that the Pala Band of Mission Indians is a Tribe. This was done illegally.

Then, the BIA transferred all the powers of PBMI to Robert Smith. Membership in PBMI was never a tribal membership but a Band membership established to protect your individual rights of the assets of the Pala Reservation.

It is time to fix it and take our rights to these lands back. 

CUPA NEWSLETTER NO. 2

Pechanga really..REALLY wants the Cosentino Reversal DEPUBLISHED. Embarrassed at the STING of Defeat?

Pechanga's attorney Frank Lawrence is still trying to get the stain of the HUGE LOSS and smackdown of Pechanga that we reported HERE, Pechanga Fired Whistleblower...   depublished.   Even after a previous attempt, with an amicus brief was not only unsuccessful, but the decision was in the "don't bring that crap around here" tone...

To the Honorable Chief Justice and Associate Justices: 

Defendants and respondents Stella Fuller, John R.. Magee, Jason P. Maldonado, William R. Ramos, Robert B Vargas (collectively "Commissioners") at all relevant times collectively constituted the Gaming Commission ("Commission") of the Pechanga Band of Luiseno Mission Indians ("Tribe'), a federally recognized Indian tribe. 

The Commissioners respectfully request that this Court depublish the Opinion filed in the Fourth Appellate District; Division Three, in the above referenced matter. See Cal. R Ct. 8.1125; see also Cal. Const., article VI,§ 14. The panel originally filed the Opinion on May 28, 2015, see Exhibit 1, and subsequently corrected it a first time later that same day. See Exhibit 2. The panel then corrected the Opinion a second time on June 22, 2015 in denying the Commissioners' rehearing petition and depublication request.   
See the filing here on Turtle Talk


THIS  was the decision:

CA's TRIBAL GAMING: HOW The Compact Negotiations SHOULD Have Gone

Free Range Indian has a take on how the Compact Negotiations for Tribal Gaming, by Gray Davis, Arnold Schwarzeneggerr, should have gone.

How many gambling machine licenses are there in California available to Indians? At one time that number was touted as 56,000 licenses. No matter which formula you use the number becomes totally senseless and with no formula base at all. At the time of the compacts there were 107 federally recognized tribes or entities. 56,000 divided by 107 equals approximately 523 licenses available to each tribe. Yet the number of licenses argued, offered, discussed and bantered during the compact negotiations always centered around 300 to 350 machines licenses per tribe. The math never worked.

There was discussion that the number of machine licenses available was worked out by the larger gaming tribes with their future needs in mind and without consideration for any other tribe’s needs. It was a known fact that not every tribe would be able to operate gaming facilities just simply due to their location. That left a void in the Compact negotiations. For most of the small tribes located in isolated regions of California they simply could not afford to attend the negotiations. Location really is the driving force in determining where and when a casino facility will be built. There are large tribes that do not have the market or populations to support gaming facilities. Many large tribes were also noticeably absent during these negotiations as well.

This absence did not go unnoticed by the State of California and opponents of Indian gaming. How can you negotiate machine licenses without all of the tribes present since supposedly the number of licenses was going to be based on the number of tribes?

Department of Interior Chooses AGAINST the Side of JUSTICE in Nooksack 306 Case.

Come on SALLY JEWELL.  Why is it so hard for your departments to DO THE RIGHT thing and protect the individual Indians against corrupt and in this case ADOPTED chairman?

The U.S. Department of Interior urged a Washington federal court on Friday to toss two Native Americans' heavily trimmed complaint challenging their tribe’s bid to raise its ancestry requirements, arguing the suit's remaining claim, made under the Freedom of Information Act, came too late.
In May, U.S. District Judge Richard A. Jones pared down a complaint by Rudy St. Germain and Michelle Roberts, who are members of the Nooksack Indian Tribe of Washington with mixed Filipino ancestry, over the tribe's membership standards. The move leaves only a pair of claims standing against the agency and the Bureau of Indian Affairs for alleged violations of FOIA and the Administrative Procedures Act.

MONEY:

"The real tragedy is that we had to sue the government at all," plaintiff Michelle Roberts said in the statement. "The BIA has a fiduciary and trust responsibility to act in our best interests, as enrolled Nooksack members. Forcing tribal members to file federal lawsuits in order to receive the most basic of documents — documents that they are entitled to under federal law — is clearly not in our best interests."


Only a claim under FOIA remained after the tribe members amended their complaint in June, but the FOIA claim included in the amended complaint was based on a July 2013 request that wasn’t submitted until after the original complaint was filed, depriving the court of subject matter jurisdiction, the government said.

Disappearing Indians: Carving Up the NEW Buffalo. Steve Russell's Take on Disenrollment for Greed, Power and Money

Steve Russell has a good piece up in Indian Country Today called CARVING UP THE NEW BUFFALO.  Which is about how greed is leaving many Natives high and dry and fighting for scraps, while others are trying to have their own buffalo stand, where piles of money  take the place of a pile of bones.   I will follow up this piece with an article about MONEY and what has been at stake.

The New Buffalo took its first shaky steps on February 25, 1987, when the U.S. Supreme Court told California it could not shut down card games and high-stakes bingo on the reservations of the Morongo Band of Mission Indians (less than 1,000 citizens) and the Cabazon Band of Mission Indians (less than 50 citizens).

Just as buffalo "hunters" slaughtered animals creating this pile of bones
Tribes have eliminated members to pile up the money.

California is a PL 280 state, meaning that Congress has given it the power to pass criminal laws binding on tribal land. However, gambling was legal in California at that time, just heavily regulated. The state allowed bingo with much smaller cash prizes than the Indians offered and even had a state lottery.  The Supreme Court, consistent with prior decisions, held that state regulations held no force on Indian land.

He gets deeper into the matter with IGRA:

Wherever you see non-Indians organizing to stop this or that Indian casino, there will always be somebody denouncing Congress for gifting Indians with the right to run casinos in IGRA. They are misinformed. IGRA was not the source of Native gaming rights. The source was that part of tribal sovereignty not taken away by the U.S. IGRA was enacted to limit Indian gaming and give states a mechanism to profit from it

Finally, he gets to the MONEY QUOTE:

San Manuel, Morongo and Pala Tribe Push for Online Poker Bill opposed by Pechanga Tribe and It's CORRUPT Leader Macarro

Well NOW.

The San Manuel and Morongo Mission Indians, the Rincon and Pala Luiseño Indians and the United Auburn Indian Community are aligned with Amaya/PokerStars and card rooms in a strong effort to get an online poker bill out of the 2015 session.

The horse racing industry and its organized labor is moving on a similar but parallel track, with all the stakeholders hoping to overcome political opposition from the Pechanga and Agua Caliente group.


“This is the biggest coalition yet behind Internet poker,” said Robyn Black of Eclipse Government Affairs, a lobby for the racing industry.

Disenrollment Stories and Webpages Building CRITICAL MASS: Like the Facebook Page on Disenrollment

Love the fact that after 10 years, that FINALLY the issue of tribal disenrollment is growing in awareness.   The large native sites, Indian Country Today and Indianz.com are printing more and more articles and commentary.  Even Pechanga.net will print disenrollment stories as long as it's NOT about Pechanga.

Curiously humorous that our friend Emilio Reyes, whose Facebook page DISENROLLMENT has built a following of nearly 11,000 and someone gets the bright idea to build a FAKE FB complaint page to try to scare him off:

FAKE, like many tribal leaders of disenrolling tribes

Emilio, who gets a lot of flak in my comment section, created a terrific response:

If you are on FACEBOOK and care about what happens to Native Americans via Disenrollment, PLEASE LIKE HIS PAGE LINKED HERE

TRIBAL CORRUPTION: Klamath Tribal Secretary Torina Case Targeted for RECALL

 A group of Klamath tribal members who have lost faith in their elected leaders are preparing to initiate recall efforts on several council members with elected Klamath Tribal Secretary Torina Case being the first targeted.

A letter requesting Case’s resignation or risk being recalled was hand delivered to Case at the Klamath Tribes administration office on Friday, July 31, 2015. Case who has served as the Klamath Tribes secretary for over 16 years won re-election in 2013 after beating out two other candidates vying for the position. In respect to her years of service to the tribe the group is offering Case the chance to resign before initiating the removal process.

The removal process is a right reserved to Klamath Tribal members in the Klamath Tribes Constitution. Any tribal council member can be removed for the remainder of a term for “just cause” by a majority vote of the qualified voters at a special or general council meeting. Vote for removal should be requested by a petition setting forth the cause and must be signed by 100 tribal members.

Months of intertribal turmoil and frustration with the current tribal council’s form of governance has sparked concerned tribal members to take action. Quinten Bettles, a Klamath Tribal member who supports the recall efforts stated “Our failure as a tribe is because of blatant nepotism and too many conflicts of interest”. Lack of tribal council accountability and transparency has only increased cynicism from tribal members. Rowena Jackson, a Klamath Tribal member stated “It is obviously time for change, we want a new council with heart and traditional values who will represent us the way our chiefs did in the past”.

Council members targeted for recall will face a number of allegations that violate the Klamath Tribes Constitution. All allegations will be fully outlined in the recall process. If Case refuses to resign the group expects to be able to collect enough signatures on the recall petition to return to the tribal council right away. Once the required number of signatures is verified, the tribal council is obligated to review the petition for just caus

NCAI's CLADOOSBY Responds to Allegations of Kickbacks

Swinomish Indian Tribal Community Chairman Brian Cladoosby today responded to allegations of impropriety made against the consulting firm Blue Stone Strategy Group, other tribal leaders and Cladoosby himself by Nikishna Polequaptewa, a former employee of the firm.

“I learned yesterday of the allegations Mr. Polequaptewa has made against his former employer, me and other tribal leaders I respect. I have never met Mr. Polequaptewa to my knowledge, nor have I ever received any compensation of any kind from Blue Stone Strategy Group or anyone at Blue Stone. His allegations are outrageous and completely unfounded.

“My tribe and tribal organizations I have represented have hired Blue Stone Strategy Group to guide our strategic planning. In my experience their work has always been of the highest caliber and completely professional.

“I am confident that all of these claims will be proven completely false.” 

How Tribal Leaders and Their Cohorts Can Steal Money From Tribal Members

A first entry from guest blogger Free Range Indian is a piece on how tribal members can get bilked by tribal leaders and the gaming business entity for the tribe.  A primer of what can happen.

How do Tribal Leaders and Their Cohorts Steal So Much Money FROM YOU

First of all let us understand that even a trained monkey can run a casino. There is no genius involved. You put a machine in the middle of the floor. People put money in it. You collect the money. It is after the money is collected that the problem begins. One rule to remember here, Crooks go where the money is. It is very hard to be a thief when there is nothing to steal.

The first order of business is the development of policies that favor theft. Re-written constitutions and ordinances that only your attorney can understand and what they understand is that you have surrendered all you authority to them. Adoption of Management Agreements that are designed to get around the provisions of the Indian Gaming Regulatory Act (IGRA) If there was ever a piece of legislation that legalized theft in Indian Country IGRA is it. IGRA is responsible for so many violations of the Racketeer Influenced and Corrupt Organizations Act (RICO) because it does not provide for real oversight, investigative powers and authority or enforcement over Indian Gaming. By the time the attorneys and lobbyist were done with IGRA it was full on open season in Indian Country.
So let’s get down to the nitty gritty then.

How does the theft occur?