Native American Press / Ojibwe News (Bemidji, Minnesota), 1999-12-03

              St. Paul
Elder's Lodge
not meeting
expectations
Pgl
Commentary.
Pictou-Aquash
case will not go to
another generation
Pg4
Commentary
Death is a call to
improve, not
abandon ICWA
Pg4
Mille Lacs Band
seeks state
reimbursement
for legal fees
Pgl
White Earth
constitution plans
flawed,
activists say
Pgl
U.S. Attorney
will not prosecute
Leech Lake officials
in casino scam
Pgl
U.S. Attorney won't prosecute Leech Lake
officials for theft of casino funds
Voice of the People
1
$300,000 siphoned off in check-cashing scheme
web page: www.press-on.net
by Bill Lawrence
The three years old federal grand
jury investigation into alleged
corruption at the Northern Lights
and Palace casinos on the Leech
Lake reservation officially came to an
end recently when the U.S.
Attorney's office for the District of
Minnesota declined to bring charges
for alleged theft of funds by former
Leech Lake tribal officials.
The investigation had focused on
Leech Lake's management ofthe
Palace and Northern Lights casinos
between Jan. 1,1990, and November
10, 1997, according to subpoenas
served in 1996 and 1997 on tribal
officials. Pickup loads of casino
financial records were hauled to the
U.S. Attorney's office in Twin Cities.
According to sources familiar with
the investigation, former Leech Lake
tribal officials scammed money out of
casino checking accounts by writing
checks to cash, then cashing the
checks and pocketing the money.
Press/ON has learned that nearly
$300,000 was siphoned out ofthe
two Leech Lake casinos by the
"checks to cash" scheme.
Sources say the U.S. Attorney's
office declined to prosecute because
two ofthe tribal officials had already
been prosecuted for other thefts of
tribal funds, and it wasn't clear
whether the third official, who made
out the checks and cashed them, had
actually gotten any ofthe money
himself.
When asked for permission to
review the investigation file since it
was now apparently closed due to
the decision not to prosecute, staff
at the office said, "It isn't the policy
of this U.S. Attorney's office to open
closed investigation files to the
public."
Several calls to U.S. Attorney
Todd Jones, in an attempt to obtain
the official explanation for their
decision not to bring charges and his
offices policy of not opening closed
files to the public, were not returned
at press time.
Since Press/ON disputes the U.S.
Attorney's office denial ofthe
request to review the Leech Lake
casinos investigative file, this
newspaper has filed a Freedom of
Information Act (FOl A) request with
the U.S. Department ofthe Interior,
the responsible and principle
investigative agency in the case. See
page 4 for text ofthe FOIA request.
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Volume 12 Issue 8
December 3,1999
Scott County, Tribe
agree on payment
for roads to Mystic
Lake casino
Excerpted from Pat Doyle
and the Associated Press
Starfribune, 12-1-99
lt came down to a matter of trust.
If Scott County officials agreed to
help rebuild highways that funnel
gamblers to Mystic Lake Casino in
Prior Lake, could they count on the
American Indian tribe that owns the
casino to pay more for yearly county
services?
Three ofthe five members ofthe
Scott County Board said they trusted
the Shakopee Mdewakanton Dakota
to negotiate future payments. So they
voted Tuesday to participate in the
$5.5 million highway construction
project. The tribe will pay the county
$2.5 million and complete designs
worth $455,000. The county will pay
the rest.
"I'm going to support it because I
truly believe the words ofthe [tribe]
when they say they want to have a
relationship with the community,"
Commissioner Dallas Bohnsack said.
"1 take them at their word."
ButCommissionerArtBannennan
argued that the county would be in a
better position to bargain with the
tribe over payments for future
services if it held off on the road
project that the tribe wants.
Commissioner Joe Wagner joined .
Bannerman in voting against the
project.
It will widen about two miles of
County Rds. 83 and 42, which mostly
bring gamblers and employees to the
MYSTIC LAKE to pg. 5
St. Paul Elder's Lodge not living
up to expectations
By Gary Blair
The St. Paul Elder's Lodge was
supposed to be a place where Native
American elders could enjoy living
together in comfort and security, but
instead, the place has been in turmoil
ever since its opened in May of 1998.
It's likely that the Indian
community will lose control ofthe
building and the federal government
will take over. Most recently the
building's management, the well-
seasoned Wilder Foundation, has
asked to withdraw their services, but
has agreed to slay on for another
three months. The management
group's on-site Native American
manager's last day was Nov. 30. She
was transferred to a different
position.
The42-unit building was financed
by the U.S. Department of Housing
and Urban Development (HUD) and
the rent is subsidized according to
each tenant's income. The lodge
contains a large multi-purpose
community room with a full service
kitchen and electronically controlled
entry way. The building's outside
design gives the appearance of a
large eagle in flight.
The lodge's apartments are
outfitted with large, rustic, peeled
logs that are used as corner posts in
the sleeping areas where sliding
curtains can be drawn for privacy.
There are laundry rooms on each
level ofthe building, and there had
been an on-site maintenance couple.
however, they recently resigned.
Also contained in the building is a
small library, craft room and sewing
loft.
In back ofthe building there is a
secluded large fenced in yard. There
were plans fora small community
vegetable garden and flower beds,
where sweats and other cultural
activities could be performed. All of
this was to be used by the lodge
elders.
So what went wrong?
There was a heated split among
board members of Earth Star, Inc.. a
non-profit Indian community
organization that developed the
building and contracted with Wilder
Foundation to manage it. That was
followed by a recent court ruling that
gave control to Earth Star's original
board of directors. Since then. Earth
Star's director and other staff have
resigned, white other community
members are attempting to save the
lodge.
Nonetheless, HUD is likely to takeover the direct management ofthe
lodge once the Wilder Foundation
withdraws its management services.
It's uncertain what effect HUD's
takeover will have on the Indian
residents.
Many in the St. Paul Indian
community who spent time helping
to develop the building aren't happy
about how its turning out, but none
wanted to be quoted.
Disagreements and discontent has
also developed among some ofthe
lodge's tenants, starting shortly after
the split amongst Earth Star's board
members. Fear that other ethnic
groups would start moving in if HUD
takes over was a concern for tenants,
given that the lodge hasn't been
completely rented. Some ofthe
lodge's tenants started talking about
moving out.
What the lodge was envisioned to
be wasn't panning out.
The Lodge's snow blower was
stolen the first year, and drunk
ELDER'S LODGE to pg. 5
White Earth constitutional
convention plans flawed,
sav activists
Hudson casino
application to be
reconsidered
j
By Jeff Armstrong
For the first time in over a year, the
White Earth Constitutional Reform
Committee will meet in an effort to
revive a flagging process aimed at
developing a new governing document
outside the structure ofthe six-
reservation Minnesota Chippewa Tribe.
According to an agenda for the Dec.
11 meeting, scheduled to run from 10
a.m. to 3 p.m. at the reservation's
Shooting Star Casino, the committee
will be charged with laying the
groundwork for a constitutional
convention, including setting a date,
to leave tribal members out in the cold
and carry on the legacy of former MCT
president Chip Wadena.
'They'd just run interference for the
[U.S.] government and the government
would run interference for them,"
Bellecourt said. "All they did was pick
up Chip's ball and run with jj. [Wadena]
wouldn't have lasted as long as he did
without the Bureau and everyone else
behind him."
Bellecourt expressed suspicion that
the resurrection ofthe reform committee
was merely an attempt to legitimize
White Earth's fledgling legal system
rather than establish a genuine
creating procedural rules and devising a. l*™~   ,7"   ^ ac
system to select delegates for the c™ l™{ e3^authority t0
system to select delegates I
convention.
Raymond Bellecourt, one ofthe 12
committee members appointed by the
RBC three years ago, complained that
the reform process has been flawed
from the start due to the RBC's
disregard for the existing tribal
constitution and the wishes of the
people of White Earth and other
reservations.
"The plan has always been that once
[the draft constitution] was done, we'd
have a constitutional convention. Why
not go to the people first?" Bellecourt
asked. "They haven't even been to the
people to see ifthey want it. They've
gone to the Justice Department, the
BIA, the state and counties—everyone
but the people."
Bellecourt said tribal officials have
solidified an unholy alliance with their
state and federal counterparts in order
set up a police force and here they are
trying to build a prison," said
Bellecourt. "Until the people have
approved it through informed consent
and the constitutional amendment
process, then and only then can we
begin to make the changes we have
been struggling for for the last 20
years."
Fonnercommittec member Pete
Charette said he withdrew from the
reform effort when members ofthe
committee finalized a draft constitution
without approval from the full body, a
move Charette said was premature.
"My only suggestion was to write a
position paper. Four of them took it
upon themselves to write a
constitution," Charette said. "[The draft
White Earth constitution] reflects only
the needs ofthe current RBC."
A weekly publication.      Copyright, Native American Press, 1999
1
Student dancers in Macy s parade
Photo: Associated Press
Lisa Lopez and Monroe Weso of Keshena, Wis., danced alongside the American
Indian College Fund float in the Macy's Thanksgiving Parade in New York City this
year. The two were selected as students from the College of Menominee Nation.
"We've danced at big
pow-wows before, but
nothing of this caliber,"
Weso said. This was
their first trip to New
York. "We are high on
education and we love
to dance,' he said. 'We
love our culture."
Twenty students were
chosen from tribal
colleges across the
country to dance
during the 2 Vi-mile
parade route.
Lopez, who has been
dancing for 22 years,
and Weso, who has
been dancing for five
years, have taught their
four children to dance.
"We'll do our best to
make the Menominee
and Wisconsin people
proud," Lopez said
before the parade.
[Excerpted from
Amy Weaver, Shawano
Leader, as reprinted in
the Duluth News
Tribune.}
Mille Lacs Band of Ojibwe seeks state
reimbursement for legal fees
Federal judge limits arguments to "how much
By Julie Shortridge
Excerpted fromGrcgGordon
StarTribune, 12-2-99
The Interior Department agreed in a
court settlement filed Dec. 1 to scrap its
controversial 1995 rejection of a tribal
gambling casino in Hudson, Wis., and
reconsider the application of three small
Wisconsin Chippewa bands.
The mediated settlement could signal
an end to a bitter, four-year dispute that
spawned investigations ofthe Clinton
White House and of Interior Secretary
Bruce Babbitt.
Backers ofthe casino had fought
tenaciously to overturn the 1995
decision, alleging that White House
officials interfered with the Interior
Department's review process because
opposing tribes in Wiscomin and
Minnesota had made largecampaign
donations to Democrats.
An independent counsel on Oct. 13
cleared Babbitt and other administration
officials of criminal wrongioing in the
decision.
Stephanie Hanna, a spaeswoman for
the Interior Department, aid that senior
officials involved in the 1)95 decision
cither have left their jobsor will recuse
themselves from participting in the
newreview.
The agreement still mist be approved
by U.S. District Judge flrbara Crabb of
Madison, Wis. The thne Chippewa.
bands will have an opprtunity to
respond in writing to Qch issue that
might result in anotherlenial.
Interior spokeswomn Hanna
stressed that the BIA' Washington
HUDSON asINO to pg. 5
In the final stage ofthe Mille Lacs
treaty case. Judge Michael J. Davis
made his opinion clear, all but issuing
his ruling from the bench, at a hearing
Nov. 30 regarding state compensation
to Chippewa bands for their costs in
the case.
Approximately 16 observers
attended the 30-minute hearing,
including Mille Lacs Band Chief
Executive Marge Anderson, Band
Department of Natural Resources and
the Environment commissioner Don
Wedll, and former Band Solicitor
General Jim Genia. Ten attorneys were
on-hand, but only two spoke before
the judge: John Arum for the Mille
Lacs Band of Ojibwe, and William
Szotkowski for the state.
The seven Chippewa bands are
seeking $3.9 million from the state to
cover their costs in litigating the
treaty case. The Mille Lacs Band
accounts for more than 99% ofthe
total request, because, according to
the bands' brief, almost all ofthe
Wisconsin Bands' expenses were
paid for under a federal grant through
the Great Lakes Indian Fish and
WildlifeCommission(GLIFWC).The
Fond du Lac Band is not involved in
the reimbursement request because
they are still involved in a separate
treaty rights lawsuit.
The Mille Lacs Band treaty case
began in 1989 when the Band sued
the state of Minnesota, claiming
hunting, fishing and gathering rights
under an 1837 treaty with the federal
government. The state appealed the
case to the U.S. Supreme Court,
where last spring the Court narrowly
upheld, in a 5-4 vote, the lower court
rulings that the Chippewa retained
rights under the 1837 treaty. The
ruling means that the bands do not
have to abide by state conservation
regulations on public lands in the
treaty area, which covers Lake Mille
Lacs and a large portion of east-
central Minnesota. As a result of
their successful lawsuit, the bands
have been hunting and fishing over
the 12-county section for the past
year under their own regulations.
Judge tips hand early
Judge Davis tipped his hand early
in the Nov. 30 proceedings regarding
compensation to the bands.
After Arum gave an opening
statement outlining the issues he was
going to cover in his arguments to
the court, Judge Davis interrupted
and told Arum not to bother making
arguments about why the Band
deserves compensation, but instead
focus on how much compensation
the court should grant.
Before Arum could continue, Davis
said that Arum and the Band's other
primary attorney in the treaty case,
Marc Slonim, weren't receiving
enough for their services to the
bands. He said that he had never
seen such excellent legal work as
what he's seen from the Mille Lacs
Band attorneys. "The work that
you've put forth here puts you in the
elite status of lawyers," said Davis.
Davis added, "Certainly, when you
started this work back in 1983, the
Mille Lacs Band was a very
impoverished Band. 1 understand
that you have not put forth that [in
your brief). I want to say that you
could have and the court would have
looked at that very seriously."
Arum stated that they were not
MILLE LACS BAND to pg. 6
Tribes, media groups clash over casino records
By Deborah Baker
Associated Press Writer
ALBUQUERQUE(AP)-Openingthe
books oflndian casinos would give their
competitors too much of an edge, tribes
have told the state Gaming Control Board
on Tuesday.
But the New Mexico Press Association
and an open-government group said
keeping financial records secret erodes
public confidence in the gambling
industry. •
"This is the quintessential area for
organized crime and crime in general, and
it's not going to work without significant
disclosure," Press Association lobbyist
Pat Rogers said.
The longstanding tug of war over the
records was renewed last week when the
attorney general said the financial
infomiationtheGamingControl Board
gets from tribes is public record.
The board - which previously refused
to release the information_will come up
with a new policy, but not before its
January meeting, chairwoman Janice
McCrary said. It will take written comment
until Dec. 17.
The financial reports could provide the
first reliable infonnation about how much
money 11 New Mexico tribes are taking in
at their casinos and how much they are
spending.
Attorney General Patricia Madrid said
the board should permit public inspection
ofthe audits and financial statements. If
they contain proprietary information, the
board could delete that first, she said.
Deciding what is proprietary is the
biggest task facing the regulatory panel,
according to McCrary.
Tribes want the board to take a broad
approach in what it declares off-limits to
the public. They say infonnation about a
casino's costs, what it pays workers, or
how much it owes could help the
CASINO RECORDS to pg. 6