Revisited: CA. Miwok Tribe Wins Tribal Sovereignty Case, Exposing Absolute Corruption

We are revisiting this story since the other site appears to have some difficulties. In any event since this piece did not recieve the exposure it deserves, we’ve reposted it for those people who  missed it. There is no question the Chadd Everone Files have disclosed many names of politicians who were involved in this scandle. And there is no question there will be more revelations as the files are completely  realized.

The CaliforniaValley Miwok Tribe made history and legal precedent preserving the rights of every federally  recognized tribe in the United States of America. They faced insurmountable odds against powerfully connected well funded developer’s and corrupt state and federal officials. They wanted to highjack the Miwok tribe for the sole purpose of building a gambling casino. The plot thickens because elected officials were also involved in this travesty.

Chadd Everone/Ludwig, Albert Seeno, Sheppard Mullin and an army of politicians from both sides of the isle at state and federal levels have been exposed. Over 2,500 documents, correspondents and court filings downloaded from Chadd Everone/Ludwig’s web page identify senators, congressmen, state and federal officials from the BIA, DoJ and other agencies. This intricate web of corruption has plagued the CVMT for over 12 years as they struggled to save their tribal sovereignty. The incendiary documents prove beyond a shadow of doubt the Tribe was targeted to steal their blood lineage by unscrupulous well funded people. Chadd cried foul but court officers verified the site was open to the general public and not hacked. Call it a Native American Wikileaks but the information gained was priceless.

Documents revealed Senator Dianne Feinstein went out of her way to stop the tribes 638 funding through crony’s Jerry Gidner of the BIA & Arlo Smith of the Gaming Commission in an effort to starve the tribe out of existence. In one response Jerry told Dianne not to worry, letting her know the fix was in against the tribe. She denied involvement or knowing the criminals involved in the Miwok scam but documents and e-mails prove otherwise. It was just a coincidence she was a fellow trustee of a bank with one of the culprits or maybe she forgot. Dianne’s involvement in the casino scam and debasing the tribe is all too apparent, even a blind man can see the CVMT was a victim of fraud and her fingerprints are all over it.

Dianne’s husband’s association with unscrupulous developer Al Seeno alluded to even more collusive activity against the Miwok People. Unfortunately she was not the only high profile politician who used her influence to destroy this feisty band of natives. Documents reveal deep involvement with other high profile politicians in bed with common criminals and its well worth the read. The implications strike at the core of democracy itself and this is only the tip of the iceberg. There is much more to disclose but I am not privy to reveal them at this time. But rest assured the Miwok are still under siege as their counsel’s continue to peel off the many layers of corruption this case consists of.

Money talks and California still refuses to give the tribe their funding that was withheld, to the tune of $8 million, as unscrupularity plays out its final hand. Sheppard Mullin threatened to drag out this case in perpetuity. The federal government is still in the arrears to the tribe with a bill in excess of $600,000 and it is clear corruption is still waiting in the wings. To make things even more convoluted, the tribe is yet to be allowed the opportunity to appear in a hearing involving their case. This is disturbing since it was also revealed some judges have bias against natives. Why does that not surprise me?

Hopefully the feds will not allow the bogus Newok’s, (a term to describe bogus Miwoks with no heredity) into the legitimate Miwok Nation when the final decision comes to pass. Though this tribe proved their legitimacy as the true CVMT, the courts still skirted the return of tribal funding that was illegally withheld. CVMT Director of Economic Development/ Consultant Tiger Paulk likened this to a Pyrrhic victory since the CVMT won but at such a continuing and devastating cost to the true tribal people and their wellbeing. They are still in limbo with no funding for infrastructure, social services, healthcare and the basics of any community but they don’t have to worry about someone stealing their identity. After all, who would want to be a federally recognized tribe with no means of survival other than food stamps and commodity cheese? Hmm, I like commodity cheese.

Under the stewardship of Larry Echohawk of the BIA justice was served, almost. From the tribes point of view the government vindicated the tribe and its sovereign rights as a federally recognized people. Unfortunately the government threw them under the bus while further litigation continues since they left the tribe to fend for themselves in spite of their vindication. How far beyond stupid is that? Or was it intentional? On the bright side, the Obama Administration did manage to extend unemployment benefits. This is a blessing to the tribe since they have been fighting for the sovereign rights of all tribes in America on unemployment checks and spare change. The irony I found was the fact many nations did not want to get involved or show solidarity for this tribe but now tribes are using the precedence the CVMT made in federal court involving sovereignty issues. I was amazed at the lack of simpatico when I approached a native radio show in an effort to garner more exposure back in 2007. “They will never win” was the response I got. Well bonehead, just be glad I don’t snitch you off for your callous disregard for this nation’s plight.

Later I learned from several elders why some tribes were hesitant to speak out. No one wanted to loose what meager funding they already were receiving for fear of retribution from ruthless BIA officials. Knowing now how deep corruption runs within the BIA it is a substantiated fear indeed. From Tiger’s perspective it was not about the money as much as it was about retaining their birth right and tribal identity. There was plenty of misinformation to swirl around as well and many people did not know the actual facts about the case. Spin doctors peppered the communities with bold faced lies as Newok’s ran around pleading their case to all that would listen. Some folks were very convincing but a lie is a lie no matter how they dressed or what they said.

Tiger Paulk spoke to me as to the tribes’ point of view; “They would rather be the last California Valley Miwoks on earth and if they died, the tribe would die with them and cease to exist rather than giving up their lineage to imposters to falsely represent the tribe for all time.”

It was not about stealing a tribe from some saintly old man named Yakima Dixie. It was about saving the CVMT from unscrupulous investors and developers whom manipulated an individual member and tribal elder to sign his nation away in a realm of fraudulent documents written up by Chadd Everone/Ludwig acting as an attorney. Yakima was no cherry but in his defense he was also swindled from the start since he was not allowed legal representation when Chadd drafted the infamous documents. Chadd was not an attorney and had no authority to draft such a document in this guise further compounding the fraud. Eventually, in federal court under oath Yakima came clean and recanted all the fraudulent claims he made against his own people leaving egg on the faces of politicians, developers and bogus Newok’s. Tiger said at that moment in the room where Mr. Dixie’s sworn deposition was also being videotaped was precious since all the fraudsters present lowered their heads while their counsels franticly whispered in dismay. Isn’t that special?

Having tribal documents that substantiated the legitimate CVMT claims also weighed heavily against the criminal cartel of politicians, developers and Yakima. But the coup de grace and most incriminating piece of evidence in the case came from Chadd Everone/Ludwig via his information packed web site for it gave names, dates and e-mails from all players in this case. The detailed files and correspondents were most illuminating and showed total disregard for the law from politicians who were elected to enforce them. Developers faired no better since the dialogue uncovered a conspiratorial relationship that is unacceptable in a civil society. The files are a smoking gun that will truly raise eye brows for years to come. The revelations are sure to taint even the most illustrious political careers of so called public officials and history will not be kind. It would be interesting to note what other cases these harbingers of fraud are involved in and there is no question the web of corruption will grow as the contents of Everone’s files are fully realized.

There are no words that could do justice in describing Tribal Chairperson Silvia Burley. Educated, articulate, determined and well versed in tribal law, Silvia is a cut above and even in the face of total disrespect from attorneys and government officials she forged forward. In spite of threats to her and her nation’s lives and livelihoods she marched forward in true warrior flare. Tiger Paulk calls her the Miwok SEAL with regard to her ‘special forces’ like prowess in the in all matters concerning the tribe. The dark side to this case is the fact veiled threats flew against her and her people. I guess you can toss in courage for she stood her ground and refused to back down or give an inch. Legal Counsels Robert A. Rosette LLC and Manuel Corrales ESQ are proof nobility still exists in the world for their legal expertise in this case is priceless.

There is no question I left out volumes of interesting and incriminating details within the context of this story. I suggest you log onto the California Valley Miwok Tribe site. They have all adjoining court documents of this landmark case. There will be more updates in the future as this case hopefully comes to a close in the future

http://www.californiavalleymiwoktribe-nsn.gov /

Your Devil’s Advocate
Buffalohair

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Latest News From the Miwok Nation

Please Spread this document around so the world knows what is happening to this sovereign tribal nation

Your Devil’s Advocate

Buffalohair

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United States Department of the Interior              January 21, 2010

Attn: Ken Salazar, Secretary — Indian Affairs

1849 C Street, N.W.

Washington, DC 20240

Re:

The California Valley Miwok Tribe Officially Request to be removed from the Jurisdiction of CCA/PRO BIA and be immediately allowed to join the Self-Governance Consortium

Dear Secretary Salazar;

The California Valley Miwok Tribe officially request to be removed from the jurisdiction of the Central California Agency — Bureau of Indian Affairs (CCA/BIA). Previously, we (the “Tribe”) requested to be put in the jurisdiction of the Northern or Southern California BIA Agencies , but since the Regional Director at the Pacific Regional Office in Sacramento California has done nothing to step in to protect our Tribe from the abuses inflicted upon us by the CCA/BIA, and due to the fact that, we (the “Tribe”) have had to endure so much pain and suffering (for instance our Mature Status 638 Contract being illegally stopped (FY2008/2009/2010), and our Revenue Sharing Trust Fund (RSTF) monies illegally being withheld since 2005), we feel that the local BIA has failed miserably in protecting our inherent and civil rights as federally recognized American Indians. Our Members are suffering due to Tribal monies being illegally withheld.

CCA/BIA has continually allowed outside (Big Gaming Developers to interfere into our Tribal Affairs) and we as a federally recognized Tribe had to stand alone to fight off this vicious attack on our sovereignty and our very existence as a Custom and Tradition Tribe. We (the “Tribe”) officially complained to Department of the Interior Officials and to the Inspector General’s Office about our personal and confidential information being distributed out through FOIA from the Central California Agency-BIA office and we have yet to see anything done regarding this blatant violation of trust and responsibility, what ever happened to our right to privacy? We whole-heartedly believe that we would not be treated fairly within the CCA/PRO jurisdiction and am requesting that the Department of the Interior — Indian Affairs remove us from the jurisdiction of the Central California Agency/Pacific Regional Office and allow us to go into the Self-Governance Consortium with other federally recognized Tribes that deal directly with the Department of the Interior-Indian Affairs in Washington DC.

We (as in our earlier requests) desire to be in the Self Governance Consortium (with the other 260+Tribes). We, the “Tribe” believe that the Self-Governance Consortium will not only protect our inherent rights as a federally recognized Tribe, but will also protect our Tribe and its members as a sovereign Tribal Nation.

We have no reason to trust or believe the Central California Agency (CCA) or Pacific Regional Office (PRO) Bureau of Indian Affairs. The Tribe feels that the only way it will be safe is to be in the consortium and be self governing. We, the “Tribe” foresee nothing but continued suffering in our future if we are to remain under their “abusive thumb” jurisdiction of the CCA/BIA. Please APPROVE our Official Request.

 

Sincerely

Silvia Burley, Chairperson

California Valley Miwok Tribe (Physical Address) 10601 Escondido Pl., Stockton, CA 95212 , .

 

Cc: via FAX

President Barack Obama

White House Inter-Governmental Affairs

Larry Echohawk, Assistance Secretary — Department of the Interior — Indian Affairs

Self Governance Communication and Education (SGCE)

BIA-Office of Self Governance

Senate Committee on Indian Affairs

Senator Dianne Feinstein, California

Senator Barbara Boxer, California

Congressman Jerry McNerney, California

Congressman Henry Waxman, California

Governor Arnold Schwarzenegger, California

Rosette and Associates, PC (Tribal Attorneys)

National Congress of American Indians

Native American Heritage Commission

Committee on Natural Resources — Office of Indian Affairs

United States Department of Justice — Civil Rights Division

U.S. Department of Justice — Tribal Justice in Safety in Indian Country

Inter-Tribal Council of California

Tribal Alliance of Sovereign Indian Nations

Native American Rights Fund

American Indian Chamber of Commerce

California Indian Legal Services

Office of the Navajo Human Rights Commission

Seminole Tribe of Florida

Sac & Fox Nation of the Missouri in Kansas

Quinault Tribe

St. Regis Mohawk Tribe

Crow Cree Sioux Tribe

Calaveras Band of Mi-Wuk Indians

Calaveras County Mountain Miwuk

United Native Americans Inc.

California Association of Tribal Governments

National Indian Gaming Commission

National Indian Justice Center, California

Attorney General’s Office, California Department of Justice

Dept. of Health & Human Services – Indian Health Services, California Area

Northern California Indian Development Inc.

Besieged Miwok Nation Petitions Ken Salazar

Struggling for their very existence, the California Valley Miwok Tribe sent a letter to the Department of Interior’s Ken Salazar in an effort to save their nation from extinction. Almost penniless and bankrupt, this tribe faces criminally corrupt BIA officials and a wealthy casino mogul who are trying to steal their lineage. Their intention is to replace the legitimate tribe with non-Natives who will allow for a casino to be build under the Miwok Nation name.  

The tribe sent me a copy of the letter sent to Mr. Salazar. Officially, the federal government has been made aware of the crisis in Central California. Sadly there are members of the Obama administration that may be part of the problem and not the cure. It would appear Nancy Pelosi, Barbara Boxer and Senate Majority Leader Harry Reid has a financial interest in this fraud either directly or triangulated.

At this juncture it is a matter of public awareness since there is little to no coverage within the mainstream media about the crime being committed in California. The innocent victims of greed and identity theft (Miwok Nation) must fend for themselves with the cards stacked against them since the BIA has discontinued their tribal funding. It’s a classic case of big money and politics verses federally recognized tribal nation. Is this another case of broken treaties and promises being perpetrated by the current administration? Or is this a secreted attempt by a few unscrupulous politicians and businessmen to hoodwink the public while stealing the identity of a sovereign nation just to build a casino?

OK Ken Salazar, the cat is out of the bag. As the tribe moves forward within the court system other filings will be posted on this and other sites for the world to see. The Miwok Tribe may be a small nation but they do deserve justice and protection under the law. Race and creed should not be the determining factor in the distribution of rights under the Constitution of the United States of America. There is no such thing as selective justice but in the case of the Miwok Nation, justice actually means, “Just Us”.

Your Devil’s Advocate

Buffalohair

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January 6, 2010

 

Secretary Ken Salazar

U.S. Department of the Interior

1849 C Street, N.W.

Washington, D.C. 20240

Re: California Valley Miwok Tribe

Dear Secretary Salazar;

In light of the correspondence that was submitted to you on November 12, 2009, by Elizabeth Walker regarding the California Valley Miwok Tribe (“Tribe”), I believe it is important, as counsel to the Tribe, to not

only address the numerous inaccuracies in Ms. Walker’s letter, but to also set forth a thorough and accurate account of this federally recognized Tribe’s encounters with government officials and their collusion with non-Indian casino developers. Because neither our firm nor the Tribe was copied on Ms. Walker’s correspondence and it was only recently that we happened to discover this letter on the Internet, we could not provide a response until now. As set forth below, over the course of ten years, the Bureau of Indian Affairs (“BIN’) during the

George W. Bush Administration colluded with non-Indian casino developers and acted deliberately to: (I) cease all stale and federal government funding and benefits to Tribal members, resulting in foreclosure of the Tribal office and residence and the impending bankruptcy of Tribal members; and, (2) manipulate the legal system with frivolous and unauthorized actions, resulting in years of wasted judicial resources at the expense of the Tribe.

I Introduction: Brief Background

In 1979, the Sheep Ranch Rancheria of Me- Wuk Indians of California (subsequently known as the California Valley Miwok Tribe) became a federally-recognized tribe listed on the Federal Register. At the time, Yakima Dixie, son of Mabel Hodge Dixie, to whom the federal government attempted to transfer land pursuant to the California Rancheria Act, served as the sole member of the Tribe. In 1998, Dixie adopted Silvia Burley and three of her relatives into the Tribe. On September 24, 1998, the WA provided correspondence recognizing that Dixie, Silvia Burley, and three other individuals possessed the right to organize the Tribe. Soon after, the Tribe received correspondence from the 13IA formally recognizing Silvia Burley as Chairperson and Yakima Dixie as Vice-Chairperson.

In late 1999, Vice-Chairperson Dixie entered into a development contract in an effort to develop a casino on the Tribe’s land with Chadd Everone, a non-Tribal member and non-Indian. This contract would give  Mr. Everone fitly percent (50%) of proceeds of any casino developed on Tribal land. During the next six years, the Tribe operated with a functioning government and received federal benefits pursuant to P.L. 93-638 contracts with the federal government as %veil as state Revenue Sharing Trust Fund (“RSTF”) benefits through the California Gaming Control Commission (“CGCC”). However, these benefits were terminated based on the BIA’s determination that the Tribe was unorganized with respect to its governing body.

In a letter dated December 12, 2008, Edith Blackwell, Associate Solicitor of Indian Affairs at the Office of the Solicitor, Edith Blackwell, acknowledged the adoption of Silvia Burley into the Tribe, and stated that in this situation “the only answer is for the BIA to wait for the Tribe to organize itself.” However, as elaborated below, through the deceptive, unnecessary and illegal conduct of BIA officials and non-Indians with a monetary stake in the destruction of the Tribe, the Tribe was prevented from exercising its most fundamental right to self-governance.

II The 814’s Fraudulent Scheme in Collusion Chadd Everone to Destroy the Tribe Chadd Everone recognized that a cohesive Tribal body with Silvia Burley as Chairperson would impede his efforts to take advantage of and reap financial gain from the Tribe. Thus, with the assistance of BIA officials, he created a web of deception, conspiracy and fraud for the sole purpose of destroying the identity, culture and membership of this federally-recognized Tribe and establishing a new tribe that he could control and manipulate for his own selfish benefit, with no accountability to others.

In 2000, Yakima Dixie entered into casino-related agreements with developers by the name of Bill Martin and Lr Roi Chapel. After these developers discovered that the casino development process would be more complicated than they anticipated, as the Tribe had a functioning government and leadership in place, they enlisted Chadd Everone for the purpose of devising and implementing a scheme to take over the Tribe with the assistance of government officials.

Despite the outrageous actions the 13IA took over the next six years, the Tribe did not sense foul play until it observed the BIA’s inconsistent actions and correspondences with regard to the ‘Tribal government and the CGCC’s sudden cessation of IISTE funds. In 2006, the Tribe hired a private investigator to examine the extent of Chadd Everone’s interference with Tribal affairs, as well as his involvement with government officials. During this investigation, Chadd Everone (as documented in entails and tape recordings, which are publicly available on the Tribe’s website) made numerous statements outlining his scheme, which included an extensive conspiracy on the pad of local BIA officials.

Specifically, from 2000 through 2006, Everette described his scheme of “turning fiction into reality [by] using the court system, Idle] BIA and the [CGCCI to agree with his requests.” (Exhibit A.) Everone explained Ile “learned the system and used it” by re-filing or appealing every decision that was adverse to his monetary position. (Exhibit A, page 2.) Further, Everone slated on numerous occasions that Arlo Smith and Pete Melnicoe, who served as former CGCC Commission Members (Smith) and CGCC Chief Legal Counsel (Melnicoe), were instrumental in convincing the CGCC to cease the Tribe’s IISTE distributions, and that he had hired them to do so. (Exhibit A, page 2, Exhibit C.) Mr. EVCITM1C also seemed to take pride in the fact that he “controlled” Yakima Dixie with respect to all Tribal affairs. (Exhibit A, page 3.) At no time did Everone ever specify the needs and desires of Mr. Dixie with respect to the Tribe or how any of these deceptive activities would even benefit Mr. Dixie or the Tribe. Instead, Mr. Everette spoke of Mr. Dixie only in passing, as if he were a mere tool that Everone was using to implement his strategy.

Chadd Everone also provided details regarding the collusion and involvement of DIA officials, namely Troy Burdick of the Pacific Regional Office, in assisting Everette with his fraudulent scheme. Mr. Burdick advised Everone to not challenge Silvia Burley’s Pt. 93-638 application on behalf of the Tribe, but rather, to file his own 638 application. (Exhibit B.) Mr. Burdick told Everone that the action of filing a competing 638 application would have the effect of “pushing the 81/1 to make a determination on Tribal authority, and, therefore, who should receive Ithe state and federal monies’? (Exhibit E, page I, emphasis added) Mr. Burdick then warned Everone not to mention their meeting or his advice and labeled their meeting as a “secret or private meeting.” (Exhibit 13.)

Furthermore, based on assurances front B1A officials, Everone stated with certainty that the BIA would make a determination on the Tribe’s leadership in his favor and that his group would be the recognized authority over the Tribe. (Exhibit C.) Most shockingly, Mr. Everone made the blunt statement that former CGCC officials Smith and Melnicoe “do not deal with Burdick — he is my jurisdiction,” indicating that Burdick is not only in collusion with Mr. Everone, but that FATIMIC has control over BIA actions through Burdick. (Exhibit E, page I, emphasis addled.)

The BIA’s actions and statements, as well as those of Chadd E.verone, demonstrate how easily government officials under the Bush Administration and non-Indian casino developers can openly and overtly circumvent federal Indian law to abolish the well-established history and defined membership of a federally recognized Indian Tribe.

 III Frivolous Legal Proceedings

In addition to colluding with government officials to ensure the cessation of Tribal benefits, Chadd Everone, without any approval or authority from Yakima Dixie, has filed countless baseless and meritless legal documents with the IBIA, forcing the Court to expend judicial resources and delay decision-making in order to respond to such nonsense. Among the numerous nonsensical filings are: filings pertaining to current events; requests for documents; a “Request or Calendal (sic) Position and Timing; and, a “Response to the MIA’s Notice of Non-Receipt of Appellant’s Response to [an IBIAI Order.” In addition to being wasteful of time and judicial resources, not one of these documents has ever been signed by Yakima Dixie himself. EN/crone claims to file them on behalf of “Interested Patties,” though it is never demonstrated how these alleged individuals have any right to or claim in connection with the Tribe. The BIA and the Solicitor’s Office, during the Bush Administration, have received copies of all of these filings, yet they have never questioned why a non-attorney and non-Tribal member with a financial stake ill the outcome of this case was actively filing legal documents before the agencies’ own legal tribunal, in violation of state and federal law.

Recognizing that the BIA would continue to ignore Chadd Everone’s illegal activities, on November 25, 2009, the Tribe filed with the IBIA a Motion to Institute Disciplinary Proceedings Against Chadd Everone.

Through this Motion, the Tribe seeks to have Chadd F.verone prohibited from filing any additional pleadings in cases related to the Tribe before the IBIA for the unauthorized practice of law.

In July 2009, Chadd F.verone, through the guise of Thomas Wolfrum, filed another frivolous legal proceeding, this time in the United States District Court for the Eastern District of California. After reviewing the pleading, the Court granted the Tribe’s Motion to Dismiss, as well as its Motion for Sanctions, ordering Mr. Wolfrum to pay $3,000 to the Tribe and requiring Mr. Wolfium to report the sanction the California State Bar. In its order, the Court recognizes Clinch! Everone’s tactic as a ‘frivolous lawsuit that resulted in a waste of judicial resources and unnecessary costs to Defendants.” (Emphasis added). While the Court here was able to astutely recognize the Rand and irresponsibility being perpetuated by Everone, it is disheartening and disconcerting that United States government officials from the Department of Interior, despite the abundance of supporting evidence, have not only refused to make a similar determination, but have gone so far as to recognize

Chadd Everette has an authoritative figure with decision-making power over the Tribe.

In 2009, despite the efforts of the Tribe to hold a neutral mediation with Yakima Dixie, the BR, again in complicity with Chadd Everone, thwarted any mediation opportunity. Although Elizabeth Walker sent correspondence to the Department of Interior, declining mediation on helm If of Yakima Dixie our firm later discovered that neither Ms. Walker nor Thomas Wolfrum ever represented Yakima Dixie. In fact, when asked whether he was aware of the most recent mediation opportunity, Mr. Dixie suited that he had never heard about

it and had he known about it, he would have participated in such a process. Mr. Dixie also signed an acknowledgement stating such as well as his desire for a renewed mediation offer from the BIA. (Exhibit F.) Thus, one of the Tribe’s most promising opportunities to date to resolve its internal dispute was once again deliberately and forcefully obstructed by the subsequent actions of a casino developer in collusion with the DIA.

IV. Conclusion: Final Request for Assistance

On December 14, 2009, the bank that owns the Tribal residence and office (the address that is listed as the Tribe’s official address in the Federal Register and on all previous and recent government correspondence), served the Tribe with a notice that eviction proceedings will be initiated on January 15, 2010 and that all Tribal members must evacuate the premises on that date. Despite the fact that the two members of this federally recognized Tribe ; Yakima Dixie and Silvia Burley, were and are still ready and willing to participate in

3 mediations to finally resolve this long-standing and wasteful dispute, and even though government officials were well aware of this fact and were in a position to prevent the pending homelessness of the Tribal members, these government officials, including those from the local BIA, the CGCC, as well as the Department of Interior, have allowed a non-indian casino developer with no authority whatsoever, to hijack the entire dispute resolution process, manipulate an elderly man with limited resources, and now, force the eviction and impoverishment of a federally-recognized Tribe located on American soil.

The Tribe is now just days away from eviction and the Obama Administration is now, as it has always been, in a position to prevent and/or delay this eviction in order to allow the Tribe to resolve its dispute and ultimately restore federal and state Tribal benefits. Now that the Tribe’s full story has been accurately relayed and the facts of deception, manipulation and fraud have been thoroughly outlined, the future of this Tribe is now, once again, in the hands of the federal-government. The only question is, whether the federal-government will finally revive this Tribe and attempt to save it from the brink of death, or if it will continue its prejudice and provide the final nail in the coffin?

Sincerely,

ROSETTE & ASSOCIATES •

Robert A. Rosette, Esq.

RAR/sb

Enclosures

cc:

Larry EchoHawk

Silvia Burley

Yakima Dixie

Trade Stevens

Del Laverdure

Jerry Gidner

Pilar Thomas

Troy Burdick

Pete Melnicoe

Chadd Everonc

Office of Inspector General 4

California Tribe Faces Forced Extinction

Between corrupt California, Nevada officials and an unscrupulous Nevada casino mogul the hand would appear stacked against the federally recognized Miwok Tribe of Central California. On one side you have a casino magnate from Nevada along with a host of politicians from California, Nevada and within the Obama Administration who want to force this humble tribe out of existence and replace them with non natives. It’s all about the money and gambling revenue and these hopelessly corrupt politicians eagerly want to cash in on the lucrative gambling industry. On the other side of the coin are card carrying Miwok people who don’t want corrupt politicians to steal their blood right and tribal sovereignty. Talk about identity theft, this is a bold faced fraud falls more in the category of bunko rather than political.

In an interview with tribal elders including tribal chief Silvia Burley the names of Barbara Boxer, Nancy Pelosi and Harry Reid were unmistakably entrenched in this conversation. Apparently they have a vested interest in the fraud that is being perpetrated against the sovereign Miwok Nation either directly or triangulated. In short, fraud and criminality as well as hopelessly corrupt politicians and a casino mogul with unlimited resources and deep pockets laid siege on this nation knowing this tribe does not have the financial capability to fight this well funded adversary. The tribe’s only hope to survive the latest attempt to take their lineage away from them is to petition Indian Country, the American pubic as well as the world for assistance. Their coffers have been empty since their tribal funds have been illegally stopped in this elaborate game of chess perpetrated by morally bankrupt BIA officials. And it’s all about the money Paisan, it’s all about the money.

The real issue is tribal sovereignty and not just in California but throughout Indian Country since the Crow Creek Sioux Nation of South Dakota was the victim of an Internal Revenue Service land sale, on sovereign tribal land. That was an absolute violation of tribal sovereignty guaranteed by the federal government, again. The story about the Crow Creek Sioux Nation should be an example to other nations since this is a very dangerous precedent. The violation of sovereign rights is becoming a trend with various unscrupulous politicians and corporate thugs who continue their reign of greed and hatred for the indigenous people of the continental United States of America. Now we have thugs and corrupt politicians with millions of dollars to spend while bankrupting the Miwok Nation.

The prize will be to steal their federal recognition, their name, their lineage and replace them with people who will “play ball” with non native investors. On the bright side there will be a nice shiny casino with their tribal name boldly embossed in lights. Since non natives would assume the role of Miwok people I wonder where the real Miwok would have to go. Would they still be considered American Indian? Or will they be relegated to “Other”? Maybe the feds will move them to Oklahoma and join them to another tribe. But what about all the money the BIA illegally withheld from them to try and starve them out. Will they get their back pay or will the government make a new excuse as to why they do not deserve illegally withheld funds? I just wonder.

The tangled web of corruption places Barbara Boxer, Nancy Pelosi and Harry Reid smack in the middle of this scam to steal a tribe’s heritage and their sovereignty according to inside sources. Sadly as the truth evolves it places the Obama Administration in the hot seat since this crime may involve popular Democratic Party officials. Their close relationship with other unscrupulous business associates will undoubtedly come into focus as well. With money and a hand full of corruptible politicians laws will be ignored for the sake of the corporate bottom line across Indian Country since this is only the beginning I fear. But in the case of the Miwok Tribe they will not go down without a fight even if they do not have the deep pockets of a casino mogul to feed their struggle. I have included the latest press release from this beleaguered nation.

Your Devil’s Advocate

Buffalohair

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PRESS RELEASE:

Picket the Central California Agency-Bureau of Indian Affairs

The California Valley Miwok Tribe invites you to join us in our open protest against the local Bureau of Indian Affairs, Dept. of the Interior, Central California Agency

Our Tribe is a federally recognized Tribe that is listed in the Federal Register as an Indian Entity Recognized and Eligible to receive services from the United States Bureau of Indian Affairs.

The Central California Agency — BIA is illegally trying to re-organize a federally recognized Tribe that has never been terminated, that has a Custom and Tradition Tribal Constitution ratified by the Tribe in March 2000. The local BIA has been illegally withholding our Mature Status 638 Contract since 2008 and by refusing to confirm to the California Gambling Control Commission who our duly elected Chairperson is, BIA has caused the CGCC to illegally withhold the Tribe’s Revenue Sharing Trust Fund Monies (RSTF) since 2005.

Our civil rights have been violated. The local BIA is also violating federal law.

We (the “Tribe”) have no money to fund our Tribal Programs; all employees have been laid off since Dec 2007. The Tribe cannot pay its bills, and the only Tribal Property (1% acres of land at 10601 Escondido Pl., Stockton, CA 95212) has been foreclosed on. The Sheriff’s Department is scheduled to evict the Tribe and its members off the Tribal Property on January 15, 2010.

We are demanding that our funding be released immediately so we can save our Tribal Property and not be homeless. We are demanding fair treatment by the Bureau of Indian Affairs. We are demanding that an investigation into the inappropriate actions and treatment of
our Tribe, by the Bureau of Indian Affairs.

The Dept of the Interior – BIA mission is to “protect and honor its trust responsibilities to American Indians, Alaskan Natives and Affiliated Island Communities”, so why have they failed so miserably with protecting the California Valley Miwok Tribe? Come join us, voice your concerns and issues. Show strength in UNITY!!

Where:

John Moss Building – Central Calif. Agency/Bureau of Indian Affairs 650 Capitol Mall,
Sacramento, Calif. 95814

When:         

Wednesday, January 6th, 2010 & Thursday, January 7 th, 2010

Time:           

10:00 A.M. to 1:00 P.M. (each day) followed by a 1 hour Press Conference (each day)

For more info contact the California Valley Miwok Tribe at (209) 931 -4567

http://www.californiavalleymiwoktribe-nsn.gov

http://californiavalleymiwoktribe.us