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Oct 22, 2013

Stop the Eviction / Justice for the California Valley Miwok Tribe

 


Carlos TheZilla shared a link.

www.californiavalleymiwoktribe-nsn.gov








 
 
 
Buffalohair Productions
 Investigative Documentary Journalism
 
Anyone wanting to help the California Valley Miwok Tribe can contact both of the officials below and tell them that they need to pressure the California Gambling Control Commission to release the RSTF money owed to the Tribe so they can pay their bills and not have to worry about being evicted from the Tribal Property. Also, getting the word out to the media is most important!!!
 
Governor Edmund G. Brown Jr., California
Ms. Cynthia Gomez
Advisor to the Governor
1550 Harbor Blvd., Suite 100
West Sacramento, California 95691
Ph: (916) 373-3718
Email: Cynthia.Gomez@GOV.CA.GOV
 
State Senator Cathleen Galgiani
Mr. Max Vargas,
Deputy District Director
Stockton District Office
31 E. Channel, Ste. 440
Stockton, California 95202
Ph: (209) 948-7930
Fax: (209) 948-7930
Email: Max.Vargas@sen.ca.gov

 


 


Stop the Eviction – Justice for the California Valley Miwok Tribe

 



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10/20/2013 – CVMT TRIBAL OFFICES, TRIBAL LAND, STOCKTON, CA
The California Valley Miwok Tribe has been notified that its Tribal Property is scheduled for auction on Monday, October 21, 2013 at 11:00 am, to be held at 222 E. Weber Ave., Stockton California. The Tribe is federally recognized, and is listed in the federal register. CVMT is a “landless Tribe” in that it does not possess land held in trust by the federal government. The State of California expressly recognizes the Tribal Property as the Tribe’s principal place of business. The Tribe has no other real estate other than the Tribal Property. The Tribe has no other location from which it can continue to provide governmental services critical to the Tribe and its members. The Tribe is a sovereign nation that is fully entitled to govern its own resources, interests, and rights, including its own property. The Tribe has resided at 10601 N. Escondido Pl., Stockton since 2002, prior to moving to Stockton, the Tribe was located in Tracy (San Joaquin County) California.

 


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California Valley Miwok Tribe – Stop the Eviction, Justice for the Miwok
10601 N. Escondido Pl., Stockton, CA 95212
The Bank auctioning the Tribal Property will cause harm to the Tribe. The action will paralyze the Tribe’s ability to continue governmental operations and administration of essential Tribal benefits to its members. Allowing the seizure of the Tribal Property is in direct contravention of the Tribe’s sovereignty and tramples on the Tribe’s ability to properly and meaningfully exercise its sovereign authority. The California Valley Miwok Tribe is a self-governing Indian Tribe possessing inherent sovereignty that predates the founding of the United States and the ratification of the United States Constitution. The Tribe possesses a distinct political society capable of managing its own affairs and through its sovereignty, is generally immune from state laws and administrative actions that would interfere with those rights of self-government and sovereign immunity. The Tribe is currently seeking resolution of its interest in ongoing litigation, and such ongoing litigation affects the Tribal Property at issue, any and all disposition of that Property will improperly interfere in that litigation.

 


At the heart of this foreclosure and pending eviction is the California Gambling Control Commission (CGCC), which has been illegally withholding CVMT’s Revenue Sharing Trust Fund (RSTF) monies since the 4th quarter of 2005. This action stems from a tribal member being taken advantage of and manipulated by outside influences to file a false claim of a leadership dispute. The outside influence then initiated a fictitious group falsely claiming to be members of CVMT. Not one member of this group is or ever was a member or in any way associated with the California Valley Miwok Tribe, in fact, there is not a single individual in this fictitious group that has federal recognition to prove that they are Native American Indian. The fictitious group is after the Tribes Revenue Sharing Trust Fund money, they have no standing to file suit or claims on behalf of the Tribe. In February 2011, in court deposition, the tribal member admitted that he lied about the tribal leader dispute, and that it was an outside influence who told him to say there was a leadership dispute. Even with this admission, the Gambling Control Commission continues to illegally withhold the Tribe’s RSTF money saying they do not know who the Tribal leader is. The Gambling Control Commissions’ deliberate and continued interference into the California Valley Miwok Tribe’s governmental affairs has caused the Tribe to default on its Property payments. CVMT is asking all federally recognized California Tribes who pay into the RSTF to demand that the Commission immediately release the RSTF monies that are owed to the California Valley Miwok Tribe. CGCC’s refusal to release CVMT’s RSTF monies is in clear violation of the 1999 State compact.

 


The Tribe has made numerous good faith attempts to negotiate an amicable resolution with the Bank towards resolving any outstanding debt on the Tribal Property. Instead of trampling on the rights of a sovereign Indian Nation, the Bank should be working with the Tribal government against the California Gambling Control Commission to pressure the Commission to follow the law and release the RSTF monies so that the Tribe can pay its bills. The California Valley Miwok Tribe is hereby asking for all media, the general public, concerned citizens, other federally recognized Tribes, local, state and federal officials and representatives to help the California Valley Miwok Tribe save the only Tribal Property that it has.

 


An impending eviction is causing the Tribe an inability to provide essential services such as public safety, education, health care, and basic infrastructure critical to its members. This is of no fault of the Tribe. The public is well aware that the United States has just come out of a 16 day government shutdown. We all have the images fresh in our minds of some of the 800,000 federal workers who were protesting the shutdown because they were worried about the uncertainty of how they were going to pay their bills, buy food, etc… In the brief time allowed for the federal workers to contact via email or otherwise, CVMT received many calls and emails from federal workers telling us they have been furloughed. Little did the people contacting us know that the California Valley Miwok Tribe has endured years of abuse and financial strangulation from the California Gambling Control Commission, and the government shutdown was no different than what the Tribe has been dealing with since CGCC unilaterally stopped releasing CVMT’s Revenue Sharing Trust Fund money, in which the Tribe is an eligible tribe to receive. The California Gambling Control Commissions’ lack of respect for Tribal sovereignty needs to be addressed so that no other Tribes and their membership have to suffer the way we are suffering. The People of California deserve to know the truth.

 


The California Valley Miwok Tribe has suffered far too long. It’s sad to think of what our Indian ancestors had to survive through while California was becoming a State, but, in this day and age, to think that officials employed by the California Gambling Control Commission have no empathy towards the suffering of the tribal members of the California Valley Miwok Tribe bring us to tears each time we wake up to another miserable day of existence. As long as the CGCC Commissioners get their paycheck each month and pay their bills, they don’t worry about their property being foreclosed on, or about being evicted with winter around the corner. What our Tribe has to look forward to is empty holiday cheer, with no reason to celebrate. At least with the government shutdown being over, we are grateful to have commodity food to prepare meals. As we search through our faded and torn clothing, and think back on the embarrassment of closing out our bank accounts because the balance statement showed zero. We are asking people to imagine themselves in our situation, feel the anger, the pain and the distrust for the system that has failed us so miserably.

 


No one should have to live in constant fear of being thrown in the streets. Of wondering how you are going to pay the utility bills or purchase tribal office supplies to correspond with federal, state and local agencies. Or to sit in a cold office because you are afraid to turn the heat on because heating the office would cause the utility bills to be too big to pay. Or to have to make a decision not make an appointment with a doctor or dentist because you have no money to pay the medical bill or gas for the vehicle to take you to the appointment.

 


The California Valley Miwok Tribe is a tribe member of many organizations, listed is an example of such organizations: National Indian Gaming Association (NIGA), California Tribal TANF Partnership (CTTP-TANF), California Association of Tribal Governments (CATG), Sierra Nevada Native American Graves and Repatriation Act Coalition (SNNC) NAGPRA, The American Indian Chamber of Commerce of California (AICC of CA), National Congress of American Indians (NCAI).

 


This is a very critical situation the Tribe is in. We are asking for all who read this article to save the California Valley Miwok Tribe, stop the eviction, and assist the Tribe in getting its Revenue Sharing Trust Fund (RSTF) money released from the California Gambling Control Commission (CGCC) so the Tribe can save its property, pay its bills, and keep the tribal day-to-day operations / programs running to serve its tribal members, and to continue to carry out its responsibilities to the planning departments, transportation departments, social departments, FCC Tower Construction projects, general public inquiries, etc.

 


The United States has a trust responsibility and November is Native American Heritage Month. Please help us put an end to these unwarranted and shameful abuses against the California Valley Miwok Tribe.

 


If you can help us, please contact the California Valley Miwok Tribe via Tribal Office phone (209) 931-4567, Fax: (209) 931-4333, Office Email: office@cvmt.net , Tribal Council: tribe@californiavalleymiwoktribe-nsn.gov , Chairperson Silvia Burley at s.burley@californiavalleymiwoktribe-nsn.gov.

 


 


 


Tags: Stop the Eviction / Justice for the California Valley Miwok Tribe

Posted by Little Running Deer “Featured”, “Sovereign” Native person here on Turtle Island., Ann Little Running Deer, Ann’s Home Page, Buffalohair-Jage Press, Indigenous, Noble Causes, Survival

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Posted: Oct 22, 2013 4:46am
Mar 2, 2012
Miwok Wikileaks Reveal Corruption All The Way To Congress

Posted in America’s with tags Aboriginal, Albert Seeno, California Valley Miwok Tribe, Casino Gambling, chadd everone, congress, Corruption, dianne feinstein, everone files, George Miller, identity theft, indigenous, native, sheppard miller, Tribal Sovereignty, us news, wikileaks news on March 2, 2012 by Buffalohair

Clearly the Everone/Ludwig Files that were released to public access during the attempted take over of the California Valley Miwok Tribe have opened up a Pandora’s Box. Writhe with names, dates and personal transmissions from some of the most affluent politicians in the United States of America spells absolute corruption. The Everone/Ludwig Files clearly identify conspiracy and corruption from billionaire politicians and developers alike whom chose to break both state and federal laws while under the guise legality.

The paper trail I followed began with Dianne Feinstein and her personal friends formerly employed within the California Gambling Control Commission whom still enjoy strong and influential ties to that organization and the Bureau of Indian Affairs who have in violation of The Federal Code of Regulations (CFR 25) once again as in the past withheld tribal funds in essence effectually starving the CVMT out of existence. Though the Miwok were vindicated and Yakima Dixie disgraced, admitted to the original lie that originated this sham in the first place, the tribe is still without means. It was with the stroke of Under-Secretary of the BIA/DOI Larry EchoHawk’s pen on the re-affirmation of the department’s final agency action that mature status contract funding is now being wrongfully withheld from the tribe in spite of the totality of the fraud perpetrated against this proud and impoverished sovereign tribal nation. Guess that means that, if you’re rich enough and have political standing you are above the law and fraud is acceptable conduct as in the case of Dianne Feinstein and all her political and bureaucratic cronies.

I’ve only scratched the surface of the over 2,500 files Chadd Everone/Ludwig painstakingly collected. Frankly I was overwhelmed by the shear number of politicians and businessmen, carpetbaggers and gold-diggers that were involved. Senators, Representatives and Congressmen on both sides of the isle are implicated and their personal e-mails tell a very compelling story of absolute corruption just to build a casino. The California Governator Arnold Schwarzenegger was involved according to an e-mail from his office. Even the military was not spared by the Everone Files since it clearly identified a retired Rear Admiral of the US Navy who was trying to gain control of Treasure Island as a possible location for the casino, “Once the Tribe is secured”. What a shame it is to realize Indian Wars are still raging within the borders of The Land of the Free.

The frosting on the cake was when Chadd Everone/Ludwig casually stated to a question in open testimony what amounted to that Albert Seeno flew Congressmen George Miller to Washington in his private jet on numerous occasions to visit with Nancy Pelosi, Dianne Feinstein, Barbara Boxer and other influential high ranking elected officials to discuss the Miwok situation. There is a vast amount of information on these political figures and government employee’s, more than I could possibly relate in the confines of this story. It’s a good thing these juicy tidbits were made available for public record for there are more people implicated in this wholesale miscarriage of the public’s trust. Just for the record the University of Berkley, Californias’ Anthropology and Sciences Department cronies of Everone were in on the scam up to their eyelids according to documents, e-mails and other transmissions Chadd managed to collect.

Though there will be many more future revelations the Everone Files will undoubtedly expose there is another story here I do believe. What was Chadd going to do with all the documents he copied and stored on his web site? From all indicators it would appear he was collecting the goods on all the politicians he could get his hands on since these doc’s are very revealing to say the least. But wasn’t Albert Seeno his co-conspirator? Why was Chadd collecting the goods on Albert & Associates and another investor named Kuna as well as all the dirty politicians this scam brought into the limelight?

There is no honor among thieves and it would appear Chadd Everone was ultimately working for himself since his files are very incriminating to everyone involved. On the streets there was once a code of silence. Guess Chadd failed Wiseguy 101 and now everyone he was associated with will have to pay the price for his wikileaking in the now infamous Everone Files. With insiders and soon to be revealed co-conspirators in the DoJ it’s a small wonder none of these players need to worry about raids from the feds. The Everone Files also identify DoJ employees who are currently in ca-hoots and like I said, this is only the tip of the iceberg since I’ve only read a hand full of documents at this time. The business contract Yakima signed was a total fraud giving “Friends of Yakima” controlled exclusively by Chadd Everone, absolute financial control of the tribe while sidestepping well established federal Indian law. Yakima’s last will and testament was another masterpiece in fraud since it made Yakima’s descendants culpable for payments for generations to come. Chadd himself authored this document and being no attorney his lack of legal prowess is obvious.

On a side bar Chadd argues he was a PhD even though he never received his degree from a credible university. He simply decided he was a PhD, just because it makes him feel smarter. Eventually other journalists will wade into Chadd’s 2,500 documents and dig out even more salacious material on elected officials who’ve shirked their duty and betrayed their oath of office. Some of the largest developers in California also face some major challenges for their participation in this fraud. While the world is astounded at the magnitude of corruption involved in the attempted destruction of a sovereign tribal nation, the California Valley Miwok Tribe will continue to live and run the tribe on unemployment checks and USDA commodity foods. In America, in this day and age, really? Is this only as far as we have come in addressing the civil rights and legal and moral obligations to Americas federally recognized tribes and their members? How far beyond stupid is that? What is next for the CVMT? Death threats and crank phone calls are commonplace and just another day in the life for these people. Starvation and robbing them of their tribal income failed to eliminate them. One thing is for sure, now the world has an eye on the California Valley Miwok Tribe.

Your Devil’s Advocate
Buffalohair

Tags: Miwok Wikileaks Reveal Corruption All The Way To Congress

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Posted: Mar 2, 2012 10:19pm
Mar 2, 2012
Revisited: CA. Miwok Tribe Wins Tribal Sovereignty Case, Exposing Absolute Corruption

Posted in America’s with tags Albert Seeno, arlo Smith, BIA, California Valley Miwok Tribe, Chadd Everone/Ludwig Files, Corruption, dianne feinstein, DoJ, Jerry Gidner, Sheppard Mullin on March 2, 2012 by Buffalohair

We are revisiting a story that was posted last week on another site. But do to technical difficulties or mad politicians the other site was unable to share this piece. Therefore we are reposting this story before we run the rest of our series on the Everone/Ludwig Files and corruption against native people.

The California Valley 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 inAmericaon 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.Yakimawas 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 oathYakimacame 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 andYakima. 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

(Since the original posting of this story the web page was under attack so many people did not have the opportunity to read this story of corruption. Therefore we are reposting this piece since this is only one of a series of stories that will identify corruption at it’s core thanks to Chadd Everone/Ludwig and his comprehensive files that list names, dates and absolute corruption within state and federal government., Enjoy)

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

Your Devil’s Advocate

Buffalohair

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Posted: Mar 2, 2012 7:10am
Mar 13, 2010
California Valley Miwok Tribe Press Release Posted in America's with tags California Valley Miwok Tribe on March 13, 2010 by buffalohair

 FOR IMMEDIATE RELEASE
Event Date:  
Friday March 19, 2010

Location:     California Valley Miwok Tribe, 10601 Escondido Pl., Stockton,  

                             California 95212 

Time:           10:00 am – 1:00 pm    

The California Valley Miwok Tribe proudly presents Ms. Elouise Brown. Ms. Brown’s presentation is in regards to the resistance to coal development on Indigenous land. Ms. Brown will speak in Stockton, CA as a part of her state-wide lecture tour on the current environmental and Native resistance to coal mining initiatives on Indigenous land.  

As the Paredon Oil & Gas Drilling Initiative controversy continues in Carpinteria  CA.  Elouise Brown, a Diné (Navajo) Traditionalist and President of the Doodá Desert Rock committee, will speak out about the dangers and the ongoing exploitation of indigenous land and people by energy companies.

This lecture will be held at the Tribal Offices of the California Valley Miwok Tribe 10601 Escondido Pl., Stockton, CA   10:00 am – 1:00 pm on Friday, March 19, 2010

This Event/Lecture is free

BACKGROUND – Doodá Desert Rock – The community of Chaco Rio in the Navajo Nation (SW of Farmington, New Mexico) has been blockading entry to the site of a proposed 1,500 megawatt coal fired power plant since December 2006. Desert Rock would be the third coal plant within a 20-mile radius in a region already suffering from extreme levels of toxic emissions. http://www.doodadesertrock.com/

Ms. Brown will give an update on The Paredon Oil & Gas Drilling Initiative, or Measure J. http://www.edcnet.org <http://www.edcnet.org/>  

For more information please contact:

Silvia Burley, CVMT Chairperson (209) 931-4567

s.burley@californiavalleymiwoktribe-nsn.gov
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Posted: Mar 13, 2010 11:14am
Jan 10, 2010
Besieged Miwok Nation Petitions Ken Salazar
Posted in America's with tags American Indian, Barbara Boxer, BIA, Casino Gambling, Department of the Interior, Harry Reid, Ken Salazar, Miwok Nation, Nancy Pelosi, Native American, Obama Administration, Tribal Sovereignty on January 10, 2010 by buffalohair

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
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Posted: Jan 10, 2010 11:37am
Dec 30, 2009
Assault on Sovereign Tribes Continue

 Posted in America’s with tags B.I.A., Crow Creek Sioux Nation, Miwok Tribe, Modesto Anarcho, Tribal Sovereignty on December 30, 2009 by buffalohair


The assault on the Crow Creek Sioux Nation continues as innocent men women and children fend for themselves as an unscrupulous power company continues to violate federal law, pulling electric meters in the dead of winter. Ironically this tribe allowed for the construction of a hydro electric dam on their tribal land with the stipulation the tribe would never pay electric bills. Well, consider that yet another broken treaty or bold faced lie. Toss in the *IRS who has no jurisdiction conducting a land sale on sovereign tribal land and you have a federal government who does not follow their own laws in favor of corporate interests.


 Enter the Miwok Nation, a federally recognized tribe located in Central California. Apparently dirty fingers of criminality point to Barbara Boxer, Nancy Pelosi and Harry Reid since their names came up along with non natives and a casino mogul from Reno NV. Simply put, these political thugs want to place a casino in Central California while “using” the federally recognized Miwok Tribe as their front. Sad part is these thugs want to cut out the real tribe and replace them with their lackeys. The plot thickens.


 I am providing an interview from the Modesto Anarcho I believe the world should read. The world needs to stand in support of these humble tribal people within the continental United States since politicians have sided with tyranny against the Miwok Nation in favor of gambling interests. Where are the Department of Interior and the BIA?

Your Devil’s Advocate


Buffalohair
======================================= Modesto Anarcho 12-28-09 OCCUPY EVERYTHING! California Valley Miwok Tribe Occupies Foreclosed House in Stockton Modesto Anarcho: Many people do not know the history of the Native peoples in the Central Valley; can you tell us a little about the history of the Miwoks?California Valley Miwok Tribe:

Previous to Rancherias being created in California, the Miwok People’s territory covered ten (10) counties. Now our Tribe is fighting to retain its Tribal
Property that consists of one and one half (1 ½ acres, located in (Morada) Stockton, California.

MA: How does your tribe use the house that is located in Stockton?

CVMT: The Tribal Property at 10601 Escondido Pl. Stockton, California 95212 has a multi-purpose function. Since our tribe is a landless tribe, the piece of property, including the building, is considered to the Tribe to be its reservation, and is utilized as such. Until such time as the tribe is able to acquire a larger tract of land for the benefit of future tribal members [the house is all we have]. The Tribe conducts official Tribal ‘governmental’ business, day-to-day office duties, Tribal Programs, Tribal Meetings, and a portion of the building is used for housing.

MA: What brought your house to foreclosure?

CVMT: Our PL-93 638 Mature Status Contract (BIA) has been illegally withheld for two years and our Indian Gaming Revenue Sharing Trust Fund (RSTF) monies have been illegally stopped, since the end of 2005. Without any funds coming in, the Tribe had no way to pay its mortgage on the only piece of property, the place the Tribe calls “home”. Please see our DOT US website for further info: http://www.californiavalleymiwoks.us

MA: Why did people physically occupy your house? How did you go about making sure that people were not going to be able to easily get into the house?

CVMT: The Tribe decided to stand its ground when it was threatened with eviction. We had no choice, where were we supposed to go? Our monies have been illegally withheld for no good reason, our jobs lost, our medical benefits lost with our jobs, we tribal members have been using own personal money to keep the Tribe going, to keep the USDA Food Program open for the people in need to still be able to get their monthly rations of food. We had to make our point clear that we were no longer going to be pushed out and forgotten like yesterday’s trash!! We are human beings. We are not just names and/ or numbers on a piece of paper. We needed the Department of the Interior Bureau of Indian Affairs in Washington, DC to take notice of what was being allowed to happen to our Tribe. We were pushed in a corner and had no other choice but to go into survival mode and stand our ground. The Tribe went into a vote and decided to go into lockdown and barricade itself in until the Dept. of the Interior would be forced to take notice of our devastating situation and agree to sit down at the table with us to resolve our immediate problem that had been ignored up until we decided to stand our ground.

I can’t answer the second part of your question because our crisis isn’t over yet. We are still negotiating.

MA: How have the state and their police responded to your situation? How have other people and/ or institutions tried to hinder your efforts?

CVMT: Well, the state still hasn’t released the Tribe’s money. I would say that the sad part to this dilemma is seeing some of the people believing the negative stuff that had been going out on blogs. It hurts our hearts to see people say such cruel things when they don’t know the whole truth behind the situation. We are confident that the truth will prevail and so we don’t follow the blogs. Although we do want to thank those who stood by us and still stand with us today…

MA: In what ways have other Tribes and communities/groups offered you support?

CVMT: We are thankful for the internet radio talk shows , tv hosts, Veteran Affairs, some pocket members of the American Indian Movement (AIM), legal services, individual concerned citizens (Indians and non-Indian peoples), universities, special interest groups, Canadian Indians, doctors, Calaveras Band of Mi-Wuk Indians, Calaveras County Mountain Miwuk, Historical Shingle Springs Miwok Indians, Modesto Anarcho, Ghost Machine Group, United Native Americans Inc., WPFW Nightwolf, Onnativeground. Recently, Chairperson Burley did a presentation at the Consumnes River College in Sacramento in which they have asked how they can help show their support for the Tribe. Also, UC San Diego has passed a resolution in support of the California Valley Miwok Tribe and they have continued to be stong advocates to help our tribe get justice.

MA: Anything you would like to add?

CVMT: We (“The Tribe” are asking for help from the General Public. Please help our tribe survive. Help us protect not only our history/culture but the native history that is a big part of California and the United States.


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

http://www.californiavalleymiwoktribe-nsn.gov

http://californiavalleymiwoktribe.us


http://www.argusleader.com/article/20091203/NEWS/912030311/1003/business

 

Crow Creek Sioux *http://www.argusleader.com/article/20091203/NEWS/912030311/1003/business
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Posted: Dec 30, 2009 11:25am

 

 
 
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