The Ojibwe News (Bemidji, Minnesota), 1997-05-23

              Finngate appeal heard by 8th Circuit
By Gary Blair
The Eight Circuit Court of Appeals
in St. Paul, MN heard arguments
Monday over the convictions of three
Leech Lake enrollees sentenced last
year for bilking that reservation's
people out of $2 million through the
use ofa phony self-insurance scam.
Minneapolis attorney Doug Kelley
spoke before the three judge panel on
behalf of former State Senator Harold
"Skip" Finn, who is appealing the
guilty verdict along with former LL
chairman Alfred "Tig" Pemberton and
former secretary/treasurer Daniel
Brown. Kelley represented Finn
during the trio's nearly six-week trial
which ended with a 57 month prison
sentence for Finn, a 33 month sentence
for Pemberton and one year of
monitored home confinement for
Brown. Finn and Pemberton are
confined at the federal prison facility
near Duluth, MN.
Finn was Leech Lake's attorney at
the time of the theft and was reported
to be the mastermind behind the plot.
Federal prosecutors told the jury that
Pemberton and BrOwn had used their
positions as tribal council members to
assist Finn, including by serving as
Management, a self-insurance fund
controlled by Finn.
Kelley told chief judge Richard S.
Arnold, Judge Morris S. Arnold and
Judge Pasco M. Bray, "This is the
most complicated case that I've ever
seen in my 23 years as both prosecutor
and now as a defense attorney."
Kelley questioned the statute of
limitations for the offenses, saying that
he felt that some of the money
transactions had occurred outside of
those time limits and that a new trial
could be warranted. Kelly alleged that
potential jurors had been able to listen
Two civilians charged in Parker slaying
Finngate appeal heard by 8th Circuit in St. Paul
Ojibwe Group Holds "Fish-In" at Big Sandy Lake
Traditional Lakota to meet at Boom Island/ pg 3
Occupation may help anti-mining alliance/ pg 5
Voice of the People
1
assist rinn, including oy serving as   Ar\r»oal *'A        o
board members for Reservation Risk   Mpp6a.l COfl! (J Oil 3
NIGC backs off casino closure threat
WASHINGTON D.C. - The National
Indian Gaming Commission (NIGC)
has rescinded the Temporary Closure
Order for the Konocti Vista Casino
issued to the Big Valley Rancheria
Band of Porno Indians. The Big Valley
Rancheria is located in Northern
California in Lake County near
Lakeport.
In a letter to Tribal Chairman
Valentino Jack, Acting Chair Ada E.
Deer stated, "The NIGC is pleased
with the progress which the Tribe has
made in resolving the safety problems
which necessitated the issuance of the
Closure Order." The Temporary
Closure Order was issued on
December 27, 1996, citing the Tribe
for "operation ofa gaming facility in
a manner which threatens the public
health and safety."
The Recision Order is subject to the
terms and conditions ofa compliance
agreement signed by the Tribal
Chairman. The Tribe commits to
complying with all NIGC financial
reporting requirements, to conducting
meetings under an Open Meeting
Ordinance and to other items fostering
open government and assisting the
Tribe in the maintenance of order. The
NIGC retains the right for six months
to reinstate the existing Closure Order
if the Tribe fails to live up to the
compliance agreement and conditions
in the vicinity of the casino "constitute
a threat to public safety."
The National Indian Gaming
Commission was created by the Indian
Gaming Regulatory Act of 1988. The
three person Commission has the
authority to take actions against
violations of the Indian Gaming
Regulatory Act, the Commission's
regulations, and violations of tribal
ordinances which are approved by the
Commission.
Fifty Cents
Ojibwe
News
We Support Equal Opportunity For All People
Founded   in 1988
Volume 9    Issue 32
May B3, 1997
A weekly publication.
Copyright, The Ojibwe News, 1 997
Two civilians charged in Parker slaying
Defendant Russett attended wake, was friend of victim
By Gary Blair
The Hennepin County Attorney's
Office has charged two Native
American males in the beating death
of 21-year-old Gene Parker, a Red
Lake enrollee. Parker died April 18,
1997 at the Hennepin County Medical
Center after being removed from a
life-support machine two days after
the assault.
Authorities say Parker had been
found alive in a trash dumpster near
E. Lake St. and 36th Av. S. in
Minneapolis, but had refused medical
treatment that could have saved his
life.
The surprise arrests by the
Minneapolis Police Department come
on the heel of allegations that three
Native American Police Officers had
been involved in the beating. The
victim's mother, Judy Barrett, had
reported that her son told her the
police had beaten him. Within hours,
rumors surfaced in the Indian
community against those officers.
"I don't know what to say anymore.
My son told us that the police had
beaten him up. The guy that they
arrested was Gene's friend; he was at
the his wake and funeral," Barrett told
the Press.
The two males arrested are 20-
year-old Raymond Eugene Russett,
reportedly from the LCO reservation
near Hayward, Wisconsin and an
unnamed 17-year-old juvenile.
The following is contained in the
written complaint against Russett:
"Following preliminary interviews
with some of these witnesses, officers
began re-interviewing and determined
that D.S. wished to cooperate with the
investigation.
"D.S., in a Miranda - prefaced
statement and with his attorney
present, told Complainant the
following: D.S., Parker, the two
women, Defendant, whose 'street
name' is Hoss and another man were
Charge cont'd on 3
Embattled tribal chairman faces another
drunken-driving charge
By Robert Imrie
WAUSAU, Wis. (AP) _ The tribal
chairman at the center ofa takeover of
the Mole Lake Chippewa headquarters
was charged in March with drunken
driving, the latest in a series of arrests
since he was released from prison in
1991, according to an Associated Press
review of his records.
Since serving two years on cocaine
charges, Arlyn Ackley has been
arrested twice for drunken driving,
been accused of battering his wife,
failed five drug tests and been jailed
10 times, according to state, county
and local court and police records
since Ackley's release.
During that time, Ackley has
represented the Mole Lake tribe,
including two White House meetings.
As part of a delegation of tribal
leaders, Ackley attended a 1994
meeting with President Clinton and a
1995 meeting with Attorney General
Janet Reno and Interior Secretary
Bruce Babbitt.
Ackley was jailed 11 days after his
arrest March 7, when he was stopped
at about 3 a.m. by Shawano County
deputies for speeding over 100 mph
on County Highway U west of
Shawano in his 1995 Cadillac. He has
pleaded innocent.
Ackley, 45, is at the heart of political
turmoil on the Mole Lake, or
Sokaogon, Reservation that reached
its 20th day Tuesday. A group of tribal
members occupying the tribe's
headquarters demand that Ackley
resign and that tribal finances be
audited.
"Drug and alcohol abuse by our
chairman is very inappropriate
behavior for a role model and tribal
leader, causing our youth to believe
this is acceptable behavior for
themselves   as   well   as   tribal
Charge cont'd on
Photo by Julie Shortridge
"Mushkoob," (center,) aka "Steve Aubid" looking up, offering tobacco to the Great Spirit for good luck during
ceremonial fishing. On the left is Bret Thompson-Lookingback and in front is Mushkoob's brother, David Aubid.
Chippewa Group Holds "Fish-In," Defies
Mille Lacs Band's Authority
Federal investigator inspects Lac du
Flambeau Reservation
By Jim Chilsen
A member of the Lac du Flambeau
tribal council accuses casino managers
of withholding financial information
and raising suspicions of fraud, but
the head of the gambling operation
denies it.
The discord on the reservation in
northern Wisconsin prompted a federal
commission to review the fraud
allegations surrounding the Lake of
the Torches Casino.
"I had to call Washington, because
we as tribal members do suspect fraud
is going on," tribal council member
Mike Christensen said.
But John Hall, the chief executive
officer at the casino, called the
allegations "ridiculous," and a "total
bunch of lies and innuendo."
Doris Poppler, a field investigator
from the National Indian Gaming
Commission, was on the reservation
from May. 9 through Monday.
The commission visited the
reservation because it was concerned
about discord among tribal members
that could negatively impact gaming,
said Alan Fedman, NIGC's director
of enforcement.
"Our main concern is that when a
tribe has this kind of division and it
has the potential to impact on conduct
within the gaming operation, then we
like to get out there and find out what' s
going on and see if there's a way to
resolve the dispute among tribal
factions," Fedman said.
The allegations were "quite serious,"
but Poppler was there to gather
information, Fedman said.
"We don't attempt to assess their
validity on the first visit," he said.
Poppler also went to the Mole Lake
Inspects cont'd on 3
by Julie Shortridge
On Saturday, May 17, a group of
approximately two dozen members of
various Chippewa bands conducted a
"Fish-In" in defiance of Mille Lacs
Band authority in the northern portion
of Big Sandy Lake. The landing from
which the group launched their fishing expedition is just within the
boundaries of a small parcel of the
Sandy Lake Reservation. The Mille
Lacs Band government currently
claims jurisdiction over this area.
Mille Lacs and six other Ojibwe
bands have sued the state of Minnesota, claiming the right to hunt, fish
and gather outside of state conserva
tion regulations under the 1837 treaty.
But the Mille Lacs Band also claims
jurisdiction over lands north of the
1837 treaty area which are within the
1855 treaty area, including the northern portion of Lake Mille Lacs. Some
Chippewa members believe they
should be able to hunt, fish and gather
in the 1855 treaty area without having to answer to the Mille Lacs Band
government.
"The Mille Lacs Band does not represent us. Don Wedll [the Mille Lacs
Band's commissioner of DNR] does
not have authority over us, and he cannot deny us our treaty rights. Our
battle cry is, 'Wedll-ization. without
1855 Representation is Tyranny,'"
said Mushkooub, also known as Steve
Aubid, one of the group's leaders.
Mushkooub and his brother David
Aubid, also a leader of the fishing
group, say they are direct descendants
ofBug-o-na-ke-shick.
Their father was George Aubid, Sr.,
his father was Charlie Aubid, his father was John Aubid, and his father
was Bug-o-na-ke-shick, also known as
Chief Hole-in-the-Day. Mushkooub
says Bug-o-na-ke-shick had three
wives, two Anishinabe and one white,
and had many children. Many
Chippewa bands claim ties to Chief
Bug-o-na-ke-shick, including White
Earth, Sandy Lake, Rice Lake, Mille
Lacs, and Leech Lake.
Group cont'd on 6
Outlook still remains very optimistic for
building a Native American center at BSU
Wisconsin outfront: Is end in sight for
gaming dispute?
By Larry Adams
Ever since the Anishinabe house
(Oshki Anishinabe Center) was torn
down earlier last month, the NAP/ON
has been trying to find out when and
if another center is going to be built.
Bemidji State University (BSU)
Minority Student services director
Don Day, who has returned from
schooling at UMD/Duluth for the past
two years and was on his way to St.
Cloud State University Wednesday
afternoon for workshops on Thursday,
said that BSU has been allocated $1.1
million dollars to build a Native
American center on-campus.
"We have one stipulation is that we
have to raise $ 1 million dollars from
private funds to match that $1.1
million dollars. We have hired a
consulting firm out of Minneapolis to
help us develop a plan on how to go
about actually raising the money. They
have listed many sources that we can
go out and seek funds from. We are
going to be implementing that plan
starting right now. We're starting to
meet right now on it and we'll be
meeting really hot and heavy during
this summer and this fall," said Day.
Originally, Leech Lake, White Earth
and Red Lake had contributed
$10,000 dollars to BSU's then-Indian
Students Services for the construction
ofa new center in the late 80's. Where
that funding status stands now from
the three reservations is ambiguous,
said Day, but he remains very
Center cont'd on 3
By Jim Chilsen
MILWAUKEE (AP) _ Wisconsin
is sending long overdue bills totaling
$700,000 for the regulation of
American Indian gaming to 11 tribes
this week, despite a continuing dispute
with one tribe over the calculation of
casino profits.
"We're sending out the billings and
I guess our next step is to see if they
pay it," said Gaming Board Executive
DirectorF. Scott Scepaniak, referring
to the Lac du Flambeau Chippewa.
For more than a year, the holdout tribe
has disputed the state's definition of
how much the tribe took in at its casino.
The state has defined gross gaming
handle as the total amount of money
wagered at casinos. But the Lac du
Flambeau, citing past state definitions
and federal laws, has argued that it
should be total amount of money
wagered minus prize payouts.
The state uses the gross gaming
handle to bill the tribes on a prorated
basis for the $350,000 annual cost of
regulating the tribes. Because Lac du
Flambeau refused to report their
numbers, the state hasn't billed any of
the tribes for 1995 or 1996.
Leaders of the Lac du Flambeau,
which operates the Lake of the Torches
Casino in northern Wisconsin's Vilas
County, said they would have to see
the bill and talk to attorneys before
deciding what to do.
"It will probably be no different
than people who pay tax under protest,"
said Lac du Flambeau Tribal Chairman
Thomas Maulson, who criticized the
state's move as "sabre-rattling."
"I mean the days of the cavalry
should stop," he said.
The state is billing the Lac du
Flambeau on an estimate based on slot
machine reports they submitted,
Scepaniak said. And if that doesn't
work, he said he'll sue the tribe.
"There's going to have to be some
recognition by the Lac du Flambeau
Dispute cont'd on 5
Judge limits records request in casino project
MADISON, Wis. (AP) _ American
Indian tribes that are accusing federal
officials of improper lobbying to kill a
casino project can only demand White
House records directly related to the
project, a federal judge has ruled.
U.S. District Judge Barbara Crabb
ruled Friday that the tribes can't pursue
records of campaign donations by
casino opponents.
The lawsuit against federal officials
involves a large off-reservation casino
that the Red Cliff, Lac Courte Oreilles
and Mole Lake tribes want to build at
the St. Croix Meadows dog-racing
track in Hudson.
Plans for the Four Feathers Casino
were opposed by numerous other
tribes, including the St. Croix
Chippewa, the Oneida and the Ho-
Chunk Nation.
The U.S. Interior Department
rejected the off-reservation casino
proposal in July 1995.
The Four Feathers backers claim the
opponents mounted a massive
lobbying effort and made significant
contributions to President Clinton's
presidential campaign and key
members of Congress to buy influence.
Records show the opposing tribes
contributed at least $273,000 to the
Democratic National Committee and
other Democratic organizations in
1995 and 1996.
Crabb limited the Four Feathers
group's ability to collect evidence to
support that accusation by ruling that
the backers can only seek records and
ask questions related to the casino
application filed with the Interior
Department.
The ruling allows them to get records
from a number of top White House
officials, including Interior Sec. Bruce
Babbitt, former chief of staff Leon
Panetta and former Deputy Chief of
Staff and chief fund-raiser Harold Ickes.