WHO is caught in the Pechanga Moritorium on Membership of Rightful People - Repost on the TOSOBOL family

We are on vacation this week. Please read this story on how a family has been cheated of their membership in the Pechanga tribe.


The Moratorium on Enrollment has been in place for 12 years now and it was created to "give the enrollment committee" time to catch up. We ask: How is that "catch up" going? Can the enrollment committee be so INEPT that they can't look at the applications and see who rightfully belongs?


Below is a story we posted in December of 2008 describing one family. We will post it again in its entirety and would LOVE to read comments from those in the moratorium. Tell us YOUR story, what family you belong to, how many are in your family that SHOULD be in the Pechanga tribe. Let's HEAR FROM YOU.


From December 2008:


Pechanga's Moratorium People: From Pechanga, But Not OF Pechanga


The Rios/Tosobal Family has ties to the Pechanga tribe, from his mother back to his great-great-great-grandmother, born in 1811. (That’s when Abe Lincoln was 2 years old!)

So, when his mother died in 1978 and left him a piece of reservation land, Manuel Rios Jr. began trying to make arrangements to bring water and electricity to the plot so he could set up a home there. 30 years later, he has yet to get tribal approval to do anything with the land. Tribal officials had told him he and his family are not on the rolls, he said, and they won’t get considered for membership until a moratorium on new enrollments is lifted now extended past 2010. His family members, who number more than 100, have stacks of documents that they say they submitted to the enrollment committee 15 years ago.

As a nonmember, the Rios family has no recourse against the sovereign nation. He can’t sue the tribe in an outside or tribal court, and he can’t vote on the moratorium or cast a ballot against the elected tribal leaders.
The reservation has changed dramatically since Rios’ mother was a girl there, thanks to the opening of a $262 million resort and casino and other businesses. Now that tribal members collect a reported $30,000 in gaming profits a month, disputes over membership are commonplace.

Rios and others insist they once were members, and they allege that someone removed their names in order to ensure larger shares of gaming profits for the other members. Tribal Chairman Mark Macarro has said tribes work hard to make sure that there’s due process in enrollment matters, yet, in reality, there is no due process. He also contends that many recent applicants had no interest in the tribe until it was rich. ‘‘Where were these people before there was a casino?’’ Macarro asked.

Rios’ 53-year-old son, Manuel Rios Jr. of Riverside, said he’s glad his grandmother left the reservation, and her descendants avoided being mired in reservation poverty because of it. ‘‘I was out getting an education so I wouldn’t have to suck the money from the state of California to support me,’’ he said in an interview in Fontana. ‘‘We were paying for their (tribal member’s) welfare.’’

The Rios family members contend that the Pechanga tribal leadership is using sovereignty to improperly deny them membership and is acting like a dictatorship.

In fact, Pechanga’s own constitution provides for OPEN ENROLLMENT every January. In the most recent disenrollment of the Hunter family, which occurred in 2006, the tribe stated that the membership, which voted to stop ALL disenrollments, had no authority to do so. That would mean, they have the power to keep people from getting IN, but no the authority to keep people from getting thrown OUT. That makes no sense at all.


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

Reconciling Moral Outrage at Tribes Like Pechanga, Pala, Redding, Snoqualmie, and Chukchansi, with Self Determination

I posted this way back in June 2007 and it still does apply. We are on vacation and hope you remember this post

I hope from what you read here, you do NOT get the impression that we are against tribal gaming. That is not true. The links tell the story of what's happening at Pechanga, Snoqualmie in Washington State and other reservations like Chukchansi and Pala. Feel free to comment, they are open.

Tribal gaming has helped many tribes in CA, come out of poverty, Pechanga included. Many of the Pechanga people are uneducated and I remember they were so excited when they qualified for a Target credit card. Unfortunately, with success, greed soon follows. Instead of helping all their people, including those they placed in a moratorium hold, who rightfully belonged to the tribe they looked at who they could get rid of to increase their per capita. And, unfortunately, the money hasn't made everyone happy.

But the facts are clear, most tribes have not treated their people as abominably as Pechanga, Redding Rancheria, Picayune Rancheria, Snoqualmie and others have treated their people. In fact it's more like Tribal Terrorism

I have expressed earlier that I am FOR expanded gaming, for those tribes that haven't gotten to the table yet.

Reconciling MORAL OUTRAGE at Pechanga Tribe with Self Determination

Here is an excellent article by Sheryl Lightfoot about how to support sovereignty issues, while not supporting the actions when they are morally repugnant, such as Pechanga's disenrollment of 25% of their tribe in order to enrich the remaining members.

Sheryl Lightfoot Article

In order to be sovereign nations, we must act like sovereign nations. But that does not mean that in order to support self-determination in principle, we need to agree with every decision of other sovereign nations. Nation-states in the international system do not always agree with the internal actions of other nation-states, yet they nearly always accept the principle of the equal sovereignty of all nation-states within the international system (with certain notable exceptions like the Iraq invasion or humanitarian interventions). When a nation-state, a group of nation-states, or private citizens of other nation-states disagree with the internal actions of another nation-state, there are a number of possible avenues of action.

First, sovereign nation-states can register a diplomatic complaint with the government of the offending nation-state. This is done all the time in the international system. The U.S. Department of State often drafts and delivers letters of protest to the diplomats and officials of other governments over areas of disagreement. Likewise, the executives of our indigenous nations have the right, if not the moral responsibility, to send letters and make phone calls of complaint directly to the executives of the Cherokee Nation, expressing their concern over the disenrollment decision. This can be done while supporting the inherent right of an indigenous nation to determine its own membership.

Another tactic which can be employed by other indigenous nations or the private citizens of other nations is the art of moral persuasion, or ''moral suasion,'' as it has also been termed. This involves a campaign of exposure and embarrassment. (OP: This is what we've been pursuring for 8 years now) This tactic has most often been employed in international human rights campaigns, with the purpose being to expose the immoral government action in the media and open up international discussion in order to embarrass the target government into changing its policy to better conform to international norms. This was done in the early days of the campaign against apartheid in South Africa and has been used often by groups like Amnesty International to urge governments to stop human rights abuses. OP: Now, tribes like Pechanga practice APARTHEID on their reservations.


My view is this:

As mentioned on other sites, tribal sovereignty is something that should be nurtured and cherished. Many now believe that the Pechanga Band of Luiseno Mission Indians from Temecula, CA will be responsible for the quick erosion of sovereignty, that tribes have fought for for centuries. The question was asked, "what could be done?".

Frankly, economic sanctions of another nation, plus public embarrassment may be the only course of action that is effective. For instance, in South Africa, it was their SOVEREIGN RIGHT as a free nation to impose apartheid on their country.

What recourse did civilized countries use to bring down this hateful policy? Economic sanctions and world ridicule of the policy. No trade, no travel, no money. Final result, end of apartheid and a welcome back to South Africa into the world community.
Similarly, citizens of the United States (OP: AND California especially) can impose their own economic sanctions on the Tribal Nation of Pechanga by boycotting their nation.

Stop patronizing their casinos, hotel, restaurants and their powwows. Let them know that we do not agree with their system of denying civil rights to their people and until they follow their own tribal law, citizens of our country will NOT support their nation, but will patronize (OP: In other words, support tribal gaming elsewhere) their competitor nations.

Also, letting state and federal representatives know that we expect them not to support a nation that would treat its citizens this way, especially NOT to allow them increased monetary benefits by expanding their casino slot machines. OP: BIA? HELLO? ANYONE THERE? Larry Echohawk, your righteousness is calling, it misses you.

Readers, there are 250 members of the band that were disenrolled and 500 people who are caught in Pechanga's illegal moratorium (illegal in that SOVEREIGN nation, against the sovereign nation of Pechanga's own constitution) Pechanga and its chairman, Mark Macarro deserves no benefit from violations of their laws and against citizens of the United States. Chukchansi has exterminated 70% of it's tribe, Redding 25%. Elders and children abused by unconstitutional acts under the BIA's watchful eye.

Please ask your friends to read our blog and share it on social media and friends, please let me know your opinion by posting comments.

My Civil Rights Have Been Violated, WHY Won't Someone DO SOMETHING?

We will be on vacation for a week. I will be away from the computer, but have chosen some older posts to repeat, so that our readers can refresh their memories and the new readers can get an idea of what has been happening in Indian Gaming Country.  From 2009

I've heard this a few times from many groups, Pechanga disenrolled, Freedmen, Picayune and Snoqualmie. They cry out in anguish, rightfully, about how they were mistreated, screwed, violated and hurt.

But the funny thing is, there are lots of questions like, WHY won't somebody DO something to help us?

Yet, many times, when requested to join in a local picket line, or to fax a letter or to make some calls, it's SILENCE. "uh, I can't make it." "I don't have anyone to watch the kids" "I don't have a fax" "I don't like to talk on the phone" "can't someone else do it?" "you have a blog, why don't you do it?" "I did work on some of the other stuff, I did my part, now it's someone elses turn." "I've given up, but call me if we get something ."

Pretty comical, that many want SOMEONE ELSE to do the lifting, but don't want to help anymore.

Think about this in just the case of Picayune Rancheria. There were 500 (now over 700: OP) disenrolled people from that tribe. Is there a website for them? NO. Are they visiting THIS blog, where we have highlighted Chukchansi's issues? NO. Maybe 7 are COMMITTED (Hi Cathy!)to their struggle, but I'm sure all 500 would expect to get their rights back. Let's see, 500 letters or phone calls to congress or 7, which would have the most impact?

In our case, from Pechanga there are probably 30 active from two familes of about 300. 300 letters or 30? Which is greater? I can't decide... oh, maybe the 300. Imagine if their FRIENDS got involved!

800 letters or 37? It's estimated there are 10,000 Freedmen who are lacking their proper rights. 10,000 letters, or 100? ONLY ONE Creek Freedmen was at the Candlelight Vigil at Pechanga! ONE!

It's about IMPACT people and NOW, when we have a new administration in place, we need to increase the volume. That's what we have is numbers of PEOPLE. The tribes who don't care about your civil rights have MONEY, and we can't match that. It takes good, old fashioned W-O-R-K.

Visits to blogs regularly help drive up the ranks (and now twitter and facebook) and make sure that those will be looking in know that people are watching. And this type of help can be done from the comfort of your own office. Not trudging uphill in the snow....

http://www.airro.org/
http://www.pechanga.info/
http://www.tribalcorruption.com/
http://www.teetilawuncha.blogspot.com/
http://www.stopwintufraud.com/
http://www.originalpechanga.blogspot.com/
http://www.thecreekfreedmen.com/

Time to get on the bandwagon....and build awareness. I await your comments.

Twitter Address That You Should Have On Native American Issues. Help SHARE the Stories

As we publish stories on Native American corruption, disenrollments and gaming issues, it would help our traffic to promote this blog to ensure we are seen. There is a button at the bottom of the posts that allow you to email and post to TWITTER. Here are some twitter addresses: The Department of Justice: @TheJusticeDept Bureau of Indian Affairs: @USIndianAffairs NAACP for Civil Rights stories: @naacp Publications, News: @Indianz @IndianCountry @npr @NativeNewsNet Congress California: @DarrellIssa @SenFeinstein @BarbaraBoxer @JerryBrownGov Help keep us in the view of those that should be seeing us. Feel free to add some addresses in the comments.

David Hayes Departure from Interior Leaves a Mixed Legacy. More Negatives Than Positive?

Indian Country today has the story on David Hayes, who leaves the Department of Interior.

But when questioned on the negative part of Hayes’s Indian affairs legacy, the White House is mum. The negatives include a controversial relationship with Sen. Dianne Feinstein, D-Calif. A National Congress of American Indians draft memo from 2011 said it is “well known” that Feinstein worked with Hayes “in a secret drafting process” for legislation that would limit gaming, especially off reservation gaming, for some tribes. That work was later tied to theCarcieri legislative fix tribal recognition issue that stalled in Congress because some members see an opportunity to limit tribal sovereignty.

Hayes defends his work with Feinstein, telling ICTMN in December 2010 that under administrative policy he was required to respond to Feinstein’s request for drafting services. When asked if his friendship with Feinstein influenced his work, he said, “I think I have a reputation at this department and in Indian country that speaks for itself.”

Intended or not, Hayes’s work with the senator helped muddy a Carcierifix that would allow all federally recognized tribes to be treated equally under the law. “Senator Feinstein's fixation with the ‘off reservation’ tribal land has created an issue that has had at least two political outcomes: one, the perceived creation of political disagreement that blocks consensus and stymies the formation of policy on Indian land issues in Congress, and two, stops the common sense fixes forCarcieriand [the related case known as] Patchak,” says Joe Valandra, a tribal consultant. “I am not saying Hayes was monolithic on these issues, but his relationship with Sen. Feinstein and his very visible and influential position clearly had an impact.”

While Hayes was its Indian affairs guru, the Obama administration also missed a couple of key reporting deadlines—one on tribal employment and economic development and another on the number of federally recognized tribes. Experts from the department also failed to show up to a congressional hearing on tribal federal recognition. And the Cobell settlement—one of the administration’s jewels—is seen by many in Indian country as flawed because it gives so little to Indian beneficiaries and the separate tribal trust settlements are unequal in their treatment of tribes’ lawyers’ fees, so some less wealthy (and less savvy) tribes have paid a disproportionate share of the costs.  Plus, there are new revelations in Inspector General reports about questionable hiring and promotion practices under Echo Hawk and Hayes.

Read more at http://indiancountrytodaymedianetwork.com//2013/05/03/hayes-departure-shines-light-interiors-successes-and-failures-149181

California Legislators Says SCREW YOU CA VOTERS. We will do What we WANT. Approve North Fork Rancheria OFF RESERVATION Casino.

Madera County's North Fork Rancheria Band of Mono Indians is a step closer to getting a casino after the Assembly narrowly ratified a gambling compact on Thursday morning.

The floor vote came months after Gov. Jerry Brown affirmed the federal government's determination that the North Fork tribe could build a casino on a 305-acre parcel of land near Madera, miles from their ancestral home in the Sierra foothills near Yosemite.  OP:  Wonder how much Jerry Brown got from North Fork?

The unconventional process has spurred intense lobbying, with opponents saying the compact contradicts the principle of Indians building on existing tribal lands. The compacts also are opposed by competing tribal casinos.

"It's a compact that completely changes the public policy for gaming in the state of California," said David Quintana, a lobbyist who represents tribes including the Chukchansi, whose Picayune Rancheria has opposed the North Fork casino. "How do you tell the next poor tribe with a compelling story in a remote location 'no'?"   OP:  QUINTANA you work for pigs....shut up.

But Assembly Member Isadore Hall, D-Compton, who carried Assembly Bill 277, cast the measure as a sorely needed economic boost for the Central Valley. He said the North Fork Indians deserve "the same right granted to every other sovereign tribe" in California.

"This compact would put Californians back to work," Hall said in a speech on the Assembly floor, adding that "tribal gaming has replaced welfare with work. Tribal gaming has replaced despair with hope and dependency with self-reliance."

To get to this point, the North Fork tribe has gone through a nearly decade-long approval process that included getting the blessings of the federal government, California, and Madera County. It survived a lawsuit challenging the federal government taking into trust the land on which the casino would be built.

Assembly Member Frank Bigelow, R-O'Neals, whose district enfolds the tribe and the proposed casino site, said the bill would reinvigorate what has become "a shell of a community" beset by economic malaise.

"The tribe has successfully navigated the difficult federal process and has more than the necessary local support to achieve the goal of putting the people back to work and including their community," Bigelow said.

A leader of the Picayune Rancheria of Chukchansi Indians, which operates the Chukchansi Gold Resort & Casino in Coarsegold, criticized the Assembly's action.

"It's very unfortunate that the Assembly, acting on inaccurate information, decided to give momentum to an off-reservation casino that flies in the face of what California's voters have approved," said Nancy Ayala, chairwoman of one faction of the Picayune Rancheria of Chukchansi Indians.  OP:  So Nancy gives a shit about the California voters?  What about her OWN PEOPLE?   We say, SHUT your PIE HOLE, Nancy.

"This illegal casino will disturb the balance of tribal gaming in our region, risking jobs and the Chukchansi tribe's prosperity by playing favorites and choosing to give the Mono tribe's massive casino an advantage over every other tribe.  OP:  YOU LOST any right to cry about prosperity, when you eliminated that opportunity for 75% of your tribe.

"Just as bad, the Assembly is setting a dangerous precedent. If a casino 40 miles off the Mono reservation is allowed to move forward, how long till we see more applications for more off-reservation casinos? Not long at all."

Paralleling the North Fork tribe's quest for a casino is a similar push by the Estom Yumeka Maidu Tribe of the Enterprise Rancheria near Oroville. As with the North Fork tribe, the governor has backed the federal government's decision to set aside casino land distinct from the Enterprise Rancheria> tribe's existing land, and has signed off on putting 40 acres of land in Yuba County in trust. The Legislature has not officially introduced a bill to affirm that compact.  OP:  PLEASE DON'T REWARD Enterprise for it's human rights violations

The legislation approved Thursday also advances a compact between California and the Wiyot Tribe. In March, the Wiyot Tribe surrendered the right to build on its environmentally sensitive land in exchange for a chunk of the proceeds from the North Fork tribe's gambling profits; if the North Fork tribe doesn't get the necessary approval, the Wiyot Tribe can nix the compact.

"This tribe has survived disease, slavery and expulsion from their land," Assembly Member Wes Chesbro, D-Arcata, said of the Wiyot Tribe, adding that the tribe has managed to endure persecution and survive but "badly" needs the revenue from the compact to fund social programs.

The bill's fate was uncertain throughout the morning. It initially appeared to garner 38 votes, three short of a majority, before ultimately attaining the 41 needed to pass. A dozen lawmakers opposed it, with the rest of the 80-member house not voting. The bill now heads to the Senate.

"We already knew that it was going to be close," Hall told The Sacramento Bee after the vote. "Some members were in contemplation. They wanted to be the last person to vote with the bill."

PROCESS? Obama Administration Doesn't NEED PROCESS in Tejon Matter

In a preview of how the Obama administration will treat illegal immigrants, allowing many to stay here without going through the process that millions of legal immigrants go through, Barack Obama's Interior Department will allow Larry Echohawk's scheme for the Tejon Indian Tribe to Stand.    

The U.S. Department of Interior will uphold a decision to add a Central California Native American tribe to a list of federally recognized tribes despite a critical assessment of the move by a government watchdog.

Federal recognition has given the Tejon Indian Tribe the right to a reservation where it can pursue a casino.

The department said in a statement that the Tejon did not appear on the list of federally recognized tribes solely due to an administrative error. It said the 2011 decision to reaffirm the tribe near Bakersfield corrected that error and will be upheld.

The department's Office of Inspector General criticized the decision in a report released on Tuesday, saying it found no discernible process that was followed in recognizing the tribe.


Read Larry Echohawk’s Legacy Tarnishing

Civil Rights Violating Scum Mark Macarro of Pechanga Against North Fork Casino

Proving that CA tribes don't look out for each other, Mark Macarro of Pechanga, who has screwed HUNDREDS OF TRIBAL PEOPLE from Pechanga, now is looking to screw North Fork Rancheria. Now remember, Macarro lied to Congress, issued racist statements, cheated his own relatives and covered the actions of his brother. He runs an APARTHEID RESERVATION. This is who our politicians look to for guidance?

 SACRAMENTO — A pair of influential Riverside County tribes with casinos are trying to scuttle a gaming compact between the state and a Central Valley tribe that could come up for an Assembly ratification vote as early as today. The Brown administration’s agreement with the North Fork Rancheria of Mono Indians would allow it to open a casino off Highway 99 in Madera County.

 The pact requires the North Fork tribe to share casino revenue with the Wiyot Tribe of Humboldt County. First, though, the deal must be ratified by the Legislature. Supporters, including the governor’s office and organized labor, say the casino would generate 5,000 jobs and $100 million in economic activity. The deal, they say, would help improve the lot of the tribe’s 1,900 members while generating revenue for nongaming tribes, such as the Wiyot band.

But opponents, including the Morongo Band of Mission Indians near Banning and the Pechanga Band of Luiseno Indians near Temecula, contend that the pact would set a precedent for tribes’ opening casinos near urban areas, far from their reservations. 

Lawmakers are caught in the middle. Assemblyman Jose Medina, D-Riverside, said he has not made up his mind. Medina sits on the Assembly Governmental Organization Committee, which held a lengthy hearing on the North Fork compact last week. “I have to weigh both sides,” Medina said. Assemblywoman Melissa Melendez, R-Lake Elsinore, whose district is near the Pechanga casino, said she also has not decided how to vote. She has received stacks of letters from both sides, she said. Assemblyman Eric Linder, R-Corona, plans to oppose the legislation, a spokesman said Wednesday. Teams of lobbyists continued to blanket lawmakers’ Capitol offices Wednesday with “floor alerts” urging the deal’s ratification or rejection. “Ratification of these particular compacts would not be just and would neither serve the interests of a majority of Indian tribes nor a majority of Californians,” read a letter from Mark Macarro, chairman of the Pechanga tribe, to the author of the ratification bill, Assemblyman Isadore Hall, D-Los Compton. Other Inland tribes with large casinos are neutral on the pact: the San Manuel Band of Mission Indians near San Bernardino and the Agua Caliente Band of Cahuilla Indians in the Coachella Valley.

Robinson Rancheria Tribal Chair Tracey Avila, Accused Embezzler and Terrible Human Being, Has Her Trial Delayed Again. Justice Delayed is Justice Denied.

A judge Tuesday granted a defense motion to postpone the theft trial of the Robinson Rancheria Pomo Indians tribal chair accused of stealing from another Lake County tribe over a nearly three-year period last decade. Tracey I. Avila was scheduled to face a jury May 15, but her attorney, R. Justin Petersen, is currently involved in another trial that is expected to conflict with Avila's date. Petersen filed a continuance motion as a result of the overlap. Judge Andrew S. Blum granted the defense request Monday, finding good cause to reschedule Avila's trial during a morning hearing at the Lake County Courthouse. Avila, 51, of Nice is now set to stand trial for a grand theft charge June 19. Authorities allege Avila stole tens of thousands of dollars from the federal government and the Elem Indian Colony of Pomo Indians while working as that tribe's fiscal officer between February 2006 and September 2008. She was arrested Sept. 9, 2011. Avila, who has pleaded not guilty and is out of custody, is scheduled to return to court on Monday for pretrial matters. Tuesday marked Avila's second trial postponement since she was held to answer for the felony count Oct. 3 -- the first delay occurred in February because of the defendant's health issues. Read more about the Hall of SHAME member Tracey Avila: Robinson Rancheria Disenrollments 1

Robinson Rancheria Disenrollments

Tracey Avila

Lake County News on Robinson Rancheria

accused embezzler Tracey Avila led evictions

Former Indian Affairs Secretary Larry Echo Hawk's Legacy Tarnishing??

Apparently, Larry didn't need no stinkin due process to select TEJON TRIBE for Recognition...

The Office of Inspector General investigated former Assistant Secretary-Indian Affairs (AS-IA) Larry Echo Hawk’s decision to “reaffirm” the Tejon Indian Tribe of California in December 2011 without going through the acknowledgment process set forth in 25 C.F.R., Part 83, “Procedures for Establishing That an American Indian Group Exists as an Indian Tribe.”

We found that the Tejon Tribe, along with several other American Indian groups, submitted petitions requesting reaffirmation by the AS-IA. These petitions were outside the Part 83 acknowledgment process, which is the official process for recognizing Indian groups as tribes and is administered by the AS-IA’s Office of Federal Acknowledgment (OFA). We could not find any discernible process Echo Hawk and his staff might have used to select the Tejon Tribe for recognition above the other groups.

We also found that Echo Hawk and his staff did not consult with OFA or with Bureau of Indian Affairs (BIA) leadership before deciding to reaffirm the Tejon Tribe. Because OFA was not consulted, other American Indian groups with historical, genealogical, and ancestral claims to the original Tejon Indians were left out of the process. In addition, not involving BIA leadership caused budgeting and operational difficulties for BIA, which in turn slowed down the process for providing Federal services to the Tejon Tribe. The AS-IA also denied subsequent requests by BIA for additional FY 2013 funding, which was needed to provide these services for the newly recognized Tribe.

Read the report HERE

Read about MORE of Larry Echo Hawk's process on San Pascual.

California's Tribal Cleansing: Tacit Approval from BIA and Federal Government for Termination of Indians

California's Tribal Cleansing: Tacit Approval from BIA and Federal Government (we can't do anything, we are impotent, but keep giving us budget dollars)

In this reports from 2010, Brian Frank has the story of Tribal Cleansing and the Struggle to be hear by those whose civil rights have been violated.


As California Tribes Continue To Purge Members, Dissidents Struggle To Get An Audience
by Brian Frank |


TEMECULA, Calif. — John Gomez Jr. reads to his sons in a near-dead language. He wants them to grow up listening to the language of their ancestors and hearing the creation stories, which are tied forever to natural landmarks here about 90 miles southeast of Los Angeles.

Gomez identifies strongly as a member of the Pechanga Band of Luiseno Indians. He even named his sons after prominent figures in the history and lore of the Temecula Indians, who now call themselves Pechanga. To his youngest he gave the middle name Ano de Apis, after the merger of two clans through the marriage of his own ancestors Casilda Ano and Pablo Apis (pronounced “Oppish”), who was a prominent chief. The older boy he named Chexeemal, or Kingbird, who plays an important role in the creation stories.

The boys are supposed to learn about their cultural heritage at the Pechanga tribal school, which was set up for that very purpose, but instead they have been barred from attending. In 2004, the Pechanga Band expelled Gomez and much of his extended family—some 130 adults total, along with their children—stripping them of their tribal citizenship and all the rights that go with it.

What happened to Gomez has become so commonplace in California and across the nation that the term for it is gradually gaining recognition outside of Indian Country: it's called disenrollment. More than 20 tribes—a fifth of those federally recognized in California—have voted to disenroll members in the past two decades, more than in any other state. There is no official tally, but estimates collected from several activists, including Gomez, indicate that more than 2300 American Indians have lost their tribal citizenship here since disenrollments started occurring more frequently in the late '90s.

Meanwhile, some of these same tribes reap tremendous benefits from one of California’s newest and most powerful industries, Indian gaming, which for the past two years has outperformed the almighty Vegas Strip with its more than $7 billion in estimated annual revenues. Many tribes share this newfound wealth with their members on a per capita basis—that is, by cutting individual checks, which in the case of the Pechanga reportedly amounts to six figures a year per person. Under such a system, smaller membership translates into more money for everyone, creating a perverse incentive to pit one family against another.

What’s at stake here is not only the livelihood and identities of thousands of American Indians, but also who controls a gaming industry that has virtually overnight become both the richest of its kind in the nation and one of the most influential political lobbies in California.

“We need to do something to bring light to this issue, to help other people, to help each other, and to stop this thing,” says Gomez, who as president of the activist group American Indian Rights and Resources Organization has placed himself front and center in what some are calling a new civil rights movement.

A Powerful New Player
Tribal governments together make up the fifth largest special interest group in the state, funneling more cash into California political campaigns than the powerful teachers unions or pharmaceutical manufacturers, according to MAPLight.org California, which tracks contributions. And the heads of two California tribes, including Pechanga chairman Mark Macarro, made Capitol Weekly’s list of the 100 most powerful political players in the state.

Macarro became arguably the most recognizable American Indian in the state when during the 2008 election season he served as the face of an aggressive if soft-spoken ad campaign to expand the number of slot machines legally allowed at four of California’s richest Indian reservations. That referendum, which voters approved, resulted in an increase of thousands of slot machines at casinos owned by the Sycuan, Morongo, Agua Caliente and Pechanga tribes, further boosting their already handsome earning potential.

“We’re probably going to exceed Las Vegas in the next year as the No. 1 gambling destination,” says Cheryl Schmit, director of Stand Up For California, a watchdog organization for gambling in California.

Vegas-style gaming, including slot machines, is illegal in California. But Indian tribes have a complicated relationship with the state and federal governments. Each tribe has its own agreement with the United States that determines just how far its sovereignty extends, but in general a tribal government has the final say on many of the laws that affect routine affairs on its land.

Still, though many tribes began to operate bingo halls and experiment with gaming as early as 1980, gambling was still technically illegal. That changed in 2000, when voters approved Proposition 1A, an amendment to the California constitution making Vegas-style slot machines legal on Indian reservations, so long as the tribes signed special revenue-sharing compacts with the state. The subsequent boom has seen a rise in big, splashy resort-style casinos and made a handful of California’s more than 100 tribes very rich, even though many remain poor.

As a collective bargaining group, and with huge pools of money suddenly at their disposal, California tribes now represent one of the most powerful business interests in the state, so the question of who controls them has become as relevant to voters as it is to the people who live under tribal law.

Yet the stakes for tribal members are perhaps even higher. Elect the wrong leaders and they risk losing not only their monthly “per cap” checks, but also their very identity as tribal people, and all the benefits that go with that status.

A Case Study at Pechanga

When Gomez and his family lost their membership in the Pechanga band, they also forfeited their access to the tribal health clinic, a substantial income, access to the tribal school for their children, certain federal benefits reserved for American Indians, and even their right to call themselves Pechanga in the eyes of the federal government.

“We’ve heard that some people have committed suicide or attempted suicide,” says Gomez, referring to the emotional toll that can be exacted upon the disenrolled. “Some people just go into their own little world, you know. They just don’t want to be bothered anymore. People that had always been part of the community, not just with Pechanga or their own tribal community but with the larger Indian community, no longer participate in stuff that they used to do all the time.”

The Pechanga have become a frequent focus of media attention as a rash of disenrollments have cropped up across the state, in part because one of the major voices speaking out against tribes who take such actions is a former member—Gomez—but also because they have had two major expulsions of their own and an on-going ban on all new members.

Gomez’s family was the first to be disenrolled in 2004, but trouble began stirring long before that, long before there was even a casino.

In the early ’80s, while the tribe was just beginning to formalize a written constitution and enrollment criteria, a small band of Pechanga members led by Russell “Butch” Murphy and commonly referred to as the Splinter Group sought to break away and become federally recognized as the official Pechanga Band, according to copies of court documents provided by Gomez.

The Splinter Group’s primary complaint had been that the new enrollment criteria were unfair. In fact, it was apparent to the group’s members that they would not be able to enroll at all, so their response was not to participate in the application process.

As a compromise to help keep the peace, at a general meeting open to all members, a respected tribal Elder named Lawrence Madariaga seconded a motion to extend the enrollment process for another year, allowing more time to resolve the issue. The motion carried with a 35-2 vote, but the Splinter Group announced that it was breaking away to form its own tribe, anyway.

To do so, it had to convince the Bureau of Indian Affairs—which keeps the official record of federally recognized tribes—that they had the stronger case. They wrote to the BIA laying out their argument, and the bureau at first agreed to recognize the election of their own governing council.

James Riley & Ryan Robinson GUILTY of Bribery In Pechanga Corruption Case. Pechanga Officials STILL Not Held to Answer For Human Rights Violations

A former insurance broker and a onetime official of the Pechanga Resort & Casino near Temecula were each convicted Monday, April 29, of commercial bribery, authorities said.

This was the second trial for James William Riley, 49, of Murrieta, and Ryan Jay Robinson, 42, of Temecula, the casino’s former chief financial officer. The men had been accused of bilking Pechanga of $4 million in an insurance overcharging scam from 2006 to 2007 and were indicted by a grand jury in 2010. They were originally charged with grand theft and commercial bribery, with Riley additionally accused of money laundering. But after jurors in the first trial deadlocked last July, a judge dismissed the grand theft and money laundering counts.

A retrial on three counts each of commercial bribery began earlier this month. Jurors found the men guilty on all counts, said John Hall, a spokesman for the Riverside County district attorney’s office. Robinson and Riley face up to four years and four months in custody at their sentencing, scheduled for July 3, he said.
Prosecutors said in the original case that Robinson approved inflated insurance invoices from Riley in exchange for about $150,000 in kickbacks. Robinson used the bribe money to cover gambling debts, prosecutors said.

The alleged scheme began to unravel in late summer 2006 after an employee noticed irregularities with an invoice, triggering an investigation by casino executives.

Riley's defense attorney in the first trial said his client took due compensation for saving Pechanga millions of dollars in insurance premiums in a tight insurance market after the industry was recovering from huge claims following Hurricane Katrina.

Robinson's attorney said his client had no knowledge of the inner workings of Riley’s insurance operation.

OPEN LETTER TO: PALA GENERAL COUNCIL Details Lawsuit Against Pala's Executive Committee

An Open Letter to the Pala General Council

According to reports from those who attended, the matter of lawsuits filed against the tribe was on the agenda of the General Council meeting on April 10,2013. The disenrollees want you to know that none of the lawsuits name the tribe as a defendant. We know that the Pala Executive Committee is responsible for disenrolling us, and that is why we are suing them and not the tribe.

These lawsuits were filed in order to present evidence in federal court that the disenrollments were illegal, and that the Executive Committee exceeded their authority. The BIA and the Department of the Interior are the defendants in the Thor Emblem case (Aguayo vs. Salazar). The members of the Pala Executive Committee are the defendants in the Elizabeth Lin case (Allen vs. Robert Smith). The lawsuits are a matter of public record, and anyone who wants to see who the defendants are in these cases can look it up on the Internet at: http://dockets.justia.com. The case against the BIA can be searched under “Aguayo vs. Salazar”, and the case against the Pala Executive Committee can be searched under “Allen vs. Robert Smith.”

Since the tribe is not named in any of the legal actions, the tribe is not required to pay the legal expenses. The reason why the tribe is paying the legal fees of the Executive Committee members is because Robert Smith and the Executive Committee decided to use the tribe’s money instead of their own money. This decision was made without consulting the General Council. It is a routine practice for the Executive Committee to act without notifying the General Council when they use tribal funds for their personal business. If politicians do this in city, county, state, or federal governments, it is called misappropriation of funds and is considered illegal and unethical. In Pala it is business as usual.

Keep in mind that there would be no legal expenses and no lawsuits if we hadn’t been illegally disenrolled. Robert Smith wants to blame us for the problems he created, but he is trying to deceive the General Council. He lied about Margarita Brittain’s blood degree. He lied about the disenrollees failing to file their appeals on time. He lied about the evidence he supposedly has. Now he lies about the lawsuits. At least he is consistent.

Per-capita was supposed to go up because of disenrollment, but instead it’s used to pay for legal fees, personal bodyguards, hi-tech security, a hideout at the Pala Casino Hotel, a book of lies to pass out to tribal members, and all the other costs of keeping legitimate members out of the tribe. Your Chairman and his lackeys will never admit that it is their fault that they are involved in lawsuits. They won’t tell you that the price tag will keep going up, and that more and more tribal money will be spent to keep out people who can prove they belong. Instead they will cut per-capita or disenroll more members to raise money to cover the ever-growing costs. Just to be clear, the lawsuits could be settled simply and easily by reinstating the disenrollees. Then the legal expenses would no longer be a drain on the tribe, and there would be no more arguments about disenrollment.

There is a rumor that the Casino business has been poor the last three months and that per-capita may be reduced. This points to a serious problem at Pala with the management of Casino revenue. Robert Smith can blame the disenrollees all he wants, but he is the one who controls the finances. If there are money problems the General Council should be asking Robert Smith and Theresa Nieto hard questions about how much money there is and how it is being spent. Ignore the lies about the costs of disenrollment, and get the details about the finances. 

In the meantime we hope that you will see that we are honest and sincere. We don’t have to lie because we have done nothing wrong. We belong and we can prove it. Perhaps instead of listening to more lies from Robert Smith, the General Council will allow us to present our proof and see how the Pala Executive Committee has deceived them. Until then we will continue to fight it out in court. 


OP:  We are proud to stand with the Pala people, all of them, including those who have been harmed by the actions of Robert Smith and the Executive Committee.  Be sure to take a look at  http://palawatch.com

Susan Bradford: Osage Nation FIRES AKIN GUMP + IETAN CONSULTING Issues

Investigative reporter Susan Bradford has the story on Akin Gump and IETAN Consulting's latest misadventures.


IETAN CONSULTING, a tribal lobbying firm, has generated ill will among tribal members over a recurring pattern of alleged corruption in which its principals have reportedly organized tribal coup d’etats to install their own allies into positions of power on reservations, transferred control of oil and natural resources reserved for Indians to special interest-controlled tribal councils instead, and filled tribal membership rosters with fictitious Indians in order to help elect tribal leaders who serve private interests.

A whistle blower from yet another tribe has come forward to raise concerns about the practices of Ietan Consulting, and its strategic partner, Akin Gump Strauss Hauer & Feld LLP – this time in connection to the Osage Nation of Oklahoma which has negotiating settlements for tribal shareholders due from oil companies that extracted oil from their reservation land without properly compensating the Natives. “Our Minerals Council fired Akin Gump about three weeks ago,” inside sources said. “In my opinion, the firing was way past due.”

The tribe reportedly fired Akin Gump on March 20, on grounds that the counsel he did not have sufficient oil and gas experience and that the tribe was dissatisfied with changes the firm had made to the Code of Federal regulations.

The settlement secured over $300 million for shareholders from U.S. Taxpayers for the federal government’s inability to sufficiently regulate the drilling of oil on reservation, which allowed oil companies to acquire oil at rock bottom prices, often far below what it was worth, while selling it at great profit margin to enrich themselves.
That the Bureau of Indian Affairs was negligent should not come as a surprise given that the oil companies had successfully lobbied to secure the appointment of federal officials who would advance their interests within the agency.
The Osage settlement traces its origins to the 1980s when Sen. John McCain, who is closely aligned with Akin Gump, held hearings in the Indian Affairs Committee on Koch Industry’s alleged miscalculation of oil it had extracted from the Osage Nation. While the Osage chief claimed that Koch had engaged the tribe honorably, and federal investigators determined that Koch’s practices reflected the industry standards, the Committee leadership alleged that the company was victimizing the Indians.

Read more : Susan Bradford’s site