Native American Press / Ojibwe News (Bemidji, Minnesota), 1996-09-06

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Finn apologizes to Brown, Pemberton,
weeps at trio's sentencing unn4.75yearsprison]
Pemberton 2.75 years; Brown 1 year house arrest
By Gary Blair
On Sept. 5, 1996, federal district
judge Michael J. Davis sentenced
three former officials of the Leech
Lake Reservation found guilty of
bilking the Ojibwe band out of nearly
1.2 million dollars.
Sentenced to 57 months for his role
in a phony self-insurance scheme was
former Minnesota Senator and
reservation attorney Harold R. "Skip"
Finn, who was found guilty of
masterminding the scheme. Former
reservation chairman Alfred "Tig"
Pemberton received a 33 month
sentence for receiving an illegal stock
payment of $72,000 as a shareholder
in the fake insurance corporation.
Pemberton was the reservation's
secretary /treasurer during the time of
the embezzlement, and prosecutors
told the 12 member jury that he gave
the approval for Finn's fraudulent plot.
Former secretary/treasurer Daniel
Brown will spend 12 months under
electronically monitored home
confinement. Brown was found guilty
of receiving $43,000, similarly as a
shareholder in the trio's bogus
insurance company.
Finn and Pemberton will start their
terms at 12 p.m.on Oct. 3rd at the
minimum security federal prison
located  in  Duluth,  Minnesota.
Brown's confinement is scheduled to
begin at the same time and date. Judge
Davis told the three men that they
would not be free during any appeals.
The 10 a.m. court hearing, which
started with the sentencing of Brown,
seemed similar to that of a death in
the Indian community, rather than the
outcome of three major federal theft
convictions. Those who attended the
hearing remained respectful and silent
as the sentences were systematically
handed out.
Asked to address the court, Brown
said, "I still don't believe I am guilty
of anything," he said. Brown's
Trio cont'd on 4
Carlson says approval of waivers allows
state to move ahead with welfare reforms
St. Paul, Minn. —Governor Ante
H. Carlson said that the approval by
two federal agencies of state requests
for waivers to expand the Minnesota
Family Investment Program (MFIP)
statewide will give Minnesota
additional options for welfare reform.
"With this waiver, Minnesota will
have more flexibility to continue
creating successful welfare reform that
moves families into jobs and helps lift
children out of poverty," said Gov.
Carlson.
"Minnesotans and our policymakers
now have an important opportunity to
use the landmark federal welfare
reform legislation to craft a statewide
welfare reform effort that builds on
MFIP's tough but humane principles."
MFIP, the state's comprehensive
welfare reform effort, makes work pay
by providing supports so a parent can
take a job and sets clear expectations
that parents take responsibility to
become self-supporting. Families who
work in low-wage, entry-level jobs are
able to keep receiving some public
assistance after they go to work and
are given subsidized child care. MFIP
also consolidates income assistance
programs — Aid to Families with
Dependent Children (AFDC), Food
Stamps, Family General Assistance
and Project STRIDE, a job and
training program.
MFIP is showing promising results
in the counties where it is being tested.
Thirty-six percent of the families
participating have moved into the
workforce, according to the Minnesota
Department of Human Services. The
comprehensive welfare reform effort
began in 1994 and demonstration
projects are underway in eight counties
- Anoka, Dakota, Hennepin, Mille
Lacs, Morrison, Ramsey, Sherburne
and Todd.
Gov. Carlson said he will bring a
comprehensive welfare reform plan to
the 1997 Legislature. "With these
MFIP waivers and the new flexibility
Welfare cont'd on 3
Three sentenced for tribal fraud
Finn ordered to serve nearly 5 years in prison
By Paul Gustafson
Minneapolis Star Tribune Staff Writer
Former State Sen. Harold (Skip)
Finn, convicted of conspiring to steal
$1.1 million from the Leech Lake
Band of Chippewa, was sentenced
Thursday in St. Paul to nearly five
years in prison and was fined
$100,000.
U.S. District Judge Michael Davis
also sentenced former Leech Lake
Tribal Chairman Alfred (Tig)
Pemberton to two years and nine
months
in prison and ordered him to pay
$66,440 in restitution for his role in a
fraudulent tribal self-insurance
scheme. Davis ordered Daniel
Brown, the band's frail 71-year-old
former secretary-treasurer, to serve
one year in home detention.
Davis asked prosecutors and defense
attorneys to seek a " joint
recommendation on what restitution
Finn should pay the tribe. If no
agreement is reached, as is likely,
another court hearing might be
required. The judge also said that
Finn, after serving four years and nine
months in prison, must perform 600
hours of community service on Indian
reservations, preferably teaching
children.
The judge ordered Finn and
Pemberton to begin serving their
prison sentences on Oct. 3 and said
he would recommend that they be sent
to the federal prison in Duluth.
Attorneys for all three men said they
will appeal the convictions. In an
emotional voice in court Thursday,
Finn, the band's former attorney,
apologized to his family and Leech
Lake residents for making mistakes.
But mostly he denied committing any
crimes.
"I apologize for all the pain, the
embarrassment, the dishonor ...
brought by these charges and my
convictions," said Finn, 47, the first
American Indian elected to the state
Senate. "I may have been negligent.
I may have been grossly negligent..
But I did-not intentionally deceive
Leech Lake and its Tribal Council [or]
intentionally commit any crimes," he
said. Davis told Finn, however, that a
prosecutor was right to say that Finn
has "not come to grips with exactly
what you have done."
"Something blinded you, blinded
your common sense, and made you
make very wrong decisions," Davis
said.
U.S. Attorney David Lillehaug was
pleased with the sentences. "I think
we saw a very thoughtful judge
dispense equal justice. He saw that
Mr. Finn was the ringleader, and he
dispensed a stiff but appropriate
sentence," Lillehaug said. Some
opponents of Finn, Pemberton and
Brown--such as Bill Lawrence,
publisher of the Native American
Press--said the sentences "feel
appropriate" and "should, add
momentum to the movement, for
change in tribal government."
Other dissidents said the sentences
were too lenient. Beatrice Dunn, a
Leech Lake resident, said "If he is
supposed to work with children, I hope
it's not on our reservation. Skip
Fraud cont'd on 5
Appeals court sends dispute over casino
contract back to tribe
ST. LOUIS (AP)_ A federal appeals
court has returned to tribal court a
dispute involving a contract with a
South Dakota company to manage the
Three Affiliated Tribes' casino near
New Town.
In its ruling this week, the 8th Circuit
Court of Appeals said the question of
the contract's validity must first be
addressed by the tribal court.
Given the impact of the dispute on
the tribe, the Rapid City, S.D.,
management company and casino
employees, "it is our fervent hope that
reason will prevail," the three-judge
panel said.
The tribes contend the management
contract signed by former Tribal
Chairman Wilbur Wilkinson with the
Bruce H. Lien Co. is not valid because
it was not approved by the full tribal
council.
The Lien company argues the
opposite, saying the contract was
approved by the Bureau of Indian
Affairs.
The Four Bears Casino began
operating in the summer of 1993.
Wilkinson was tribal chairman when
the management contract was worked
out with the Lien company.
After Wilkinson lost his bid for reelection, court documents said, the
Three Affiliated Tribes dramatically
increased licensing fees charged to
Lien. The company filed a demand for
binding arbitration.
The Three Affiliated Tribes went to
tribal court last fall to have the
management contract nullified. The
Lien company countered with a
lawsuit, contending the tribal court
lacked jurisdiction over the dispute.
Jim Abourezk, a Rapid City attorney
for the tribal court, said the decision is
being praised by tribal leaders as one
Two of Finngate three sentenced to prison
Leech Lake RBC members sue chairman
Fond du Lac Follies by Jim Northrup/ pg 3
LaDuke accepts V.P. cand. with R. Nader/ pg 5
Com. partnership brings diversity to p.d./ pg 6
Voice of the People
1
Native
Fifty Cents
Ojibwe
News
We Support Equal Opportunity For All People
Founded in 198B        Volume 8   Issue 47
September 6, 199E
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A weekly publication.
Copyright, Native American Press,  1996
Leech Lakers applaud removal of attorneys Mark Anderson and James Schoessler from July 9 RBC
meeting. Schoessler and Steve Thorne are now representing RBC members in suit against Chairman Hunt.
Leech Lake RBC members sue chairman
in state court   Law firm's motives questioned
By Jeff Armstrong
For the second time in his turbulent
two months in office, Leech Lake
chairman Eli Hunt is being sued by the
Reservation Business Committee over
which he presides.
In what Hunt charges is a self-serving
breach of contract and professional
ethics, the RBC chairman is the subject
of a civil complaint filed in Cass
County court by a law firm whose
reservation   contract  Hunt  has
Senator warns of gambling influence
DENVER (AP) _ The traditional
values of American Indians could be
damaged by the profits from casino
operations, U.S. Sen. Ben Nighthorse
Campbell is warning.
Campbell spoke Tuesday at the
opening of the 11th annual National
Indian Gaming Association Trade
Show and Convention in Denver.
"All the money in the world" could
not restore tribal ways if they are
debased by casino culture, he said.
"With the new money coming in, it
is an absolutely sacred responsibility
not to forget where we come from,"
said Campbell. He is co-sponsor of a
bill that would set federal standards
for Indian gaming, but no action is
expected on it in this session.
Gambling on Indian reservations,
which ranges from bingo halls to
elegant casinos linked to hotel-
convention centers, represents an
estimated $5 billion-plus industry _
about 9 percent of all wagering
attempted to sever since shortly after
taking office in early July.
Attorneys Steve Thorne and James
Schoessler, of the Twin Cities law
firm Jacobson, Buffalo, Schoessler &
Magnuson, Ltd., are representing the
RBC in a suit seeking state court
intervention to enforce a Minnesota
Chippewa Tribal Court order which
Hunt says has no legal standing.
The chairman's struggle with the firm
began at a July 9 RBC meeting, when
he complied with a near-unanimous
vote by hundreds of Leech Lake
members present to remove Schoessler
and Mark Anderson, an attorney with
the same law office, from the meeting.
Hunt said at the time thst he would
review charges that Schoessler, also
general counsel forthe six-reservation
MCT, had a conflict of interest as a
former Minnesota assistant attorney
general who had represented the state
in court against the Tribe and
individual reservations. He notified
Schoessler July 17 that the firm's
Court cont'd on 3
Organization addresses infant mortality rate
that strengthens tribal sovereignty.
Jerry Baum, president the Bruce H.
Lien company, said he had no comment
on this week's ruling. "We'll wait for
the process," he said.
The appeals court also said the
federal court has jurisdiction on some
issues in the dispute. But the judges
said that "in the end, we are convinced
that the question (of the contract's
validity) must first be promptly
addressed in the tribal court, subject
to appropriate review by the District
Court."
The appeals court noted that with a
number of courts and issues involved
in the case, there may be little hope of
a quick resolution.
"The vessel which is the orderly
administration of justice is leaking all
over the place," said the court ruling,
written by U.S. District Judge Andrew
Bogue of South Dakota.
By Rachel Graves
BISMARCK, N.D. (AP) _ North
Dakota' s American Indian population
has a high infant mortality rate, and
the Northern Plains Healthy Start
Project has set out to do something
about it.
The project plans to address topics
such as prenatal and well-baby care,
unplanned pregnancy and sexually
transmitted diseases through a public
education program in North Dakota,
South Dakota, Iowa and Nebraska.
The organization's campaign, by
Indians and for Indians, was unveiled
Wednesday.
"We have truly proven that when
tribal people are given the opportunity,
we can improve things beyond our
expectations," project director Sharon
Vogel said, referring to a reduction in
the infant mortality rate in the last 10
years.
But the Indian Health Services'
Aberdeen area, which includes North
Dakota and the other three states in the
project, still lags behind the national
average. The region has 15 deaths per
1,000 births, according to Dr. Lyle
Best, the area maternal and child health
consultant.
The national infant mortality rate is
10 per 1,000, he said.
Healthy Start has a goal of reducing
the infant mortality rate among Indians
by 50 percent by next fall.
The program is intended to address
not just medical problems, but to have
a more holistic, culturally relevant
approach, speakers said Wednesday.
"As American Indian people, we
have our own way and our own hearts
and minds," said Jesse Taken Alive,
chairman of the Standing Rock Sioux
Tribe.
Robin Redroad spoke about the help
she received withadifficultpregnancy.
Redroad said she had diabetes and
other health problems, and Healthy
Start helped her with education and
with transportation to Grand Forks for
doctor's appointments. After her twin
babies were born, a Healthy Start
worker helped Redroad take care of
them.
"I thought that having twins would
be OK, that I would be able to handle
it, but it didn't turn out that way," she
said, adding that the Healthy Start
worker was a great help and a friend.
Indians hope to influence '96 elections
nationwide.
In Colorado, both the Southern Utes
and Ute Mountain Utes operate casinos
under state compacts that do not
require them to report profits or pay
taxes.
"We have a terrific working
relationship with each tribe," said
George Turner, director of the
Colorado Division of Gaming.
"They've adopted many of our
internal controls, and they're well
run."
By Barry Massey
CHICAGO (AP) _ Democratic
congressional candidates are paying
tribute to a new set of groups that may
provide campaign donations or even
votes in a close election _ American
Indians.
"There is a new power emerging in
American politics and it's the Native
American vote," Rep. Tim Johnson,
D-S.D., said when his turn came to
speak at a reception connected to this
week's Democratic National
Convention..
Johnson is running for the Senate
against Republican Larry Pressler, and
he reminded the audience of tribal
leaders from across the country that
his state included six Indian
reservations. Others wooing Indian
support included a U.S. Senate
candidate from Nebraska and a
congressional challenger from
Arizona.
"It's a good awakening for the Native
Americans. We have always
participated in the wars _ the Korean
War and World War II and Vietnam
War _ but never really been active in
the political sense," said Cherokee
Nation Chief Joe Byrd of Oklahoma.
"Now it's time for us to be active on
both sides."
Byrd spoke at a political strategy
session organized earlier this week by
the Democratic National Committee
and President Clinton's campaign.
Nationwide, there are about 2.5
million Indians and an estimated 50
percent to 60 percent of them are of
voting age. Oklahoma has the largest
Indian population in the nation, more
than 250,000 or about 8 percent of
state residents, according to the U.S.
Census Bureau.
California, Arizona, New Mexico
and Alaska rank in the top five in
Election cont'd on 5