Latgawa Indian Tribe Sued

Here is a complaint filed in the federal court in Oregon, Airport Chevrolet v. Davis — Airport Chevrolet v Davis

An excerpt:

Plaintiff is an Oregon corporation authorized and licensed to do business within the State of Oregon. Defendants Richard L. Davis aka Richard Red Hawk Davis aka Red Hawk (“Davis”) and John Newkirk aka John Grey Eagle Newkirk (“Newkirk”) are residents of the State of Oregon. Defendant Confederated Tribes-Rogue-Table Rock & Associated tribes is a not-for-profit organization, organized and existing pursuant to the laws of the State of Oregon; this organization conducts business under the name of the “Latgawa Indian Tribe.” These organizations will hereafter be collectively referred to as the “Tribe”.

Defendant Davis claims membership in the Tribe. Defendant Newkirk also claims membership in the Tribe, and also claims to be a “Latgawa Tribal Judge.” The Tribe purports to have established the Latgawa Indian Tribal Justice Court in Central Point, Oregon.

Can’t tell if this is another Indian fraud, but it is disconcerting for a non-recognized tribe (Latgawa) to establish “tribal justice courts” and then sue nonmember businesses because tribal members can’t pay bills.

4 thoughts on “Latgawa Indian Tribe Sued

  1. Chief Red Hawk May 15, 2010 / 3:04 pm

    Mr. Fletcher. The nonmember business failed to live up to its contract, period, and was sued in Tribal Court for this. I question your ability to properly research this issue and you then make damning comments regarding our Tribe and its members. It is quite obvious that you do not know what a recognized tribe is such as Federal Recognition Non-BIA. I will relate to you a recent incident upholding our status and to show the extent of damage that those not unlike yourself have caused. These truths are self evident. More than year and a half ago, the Rocky Mountain News published two articles relating to conservation easements located in Jackson County, Colorado received and administered by the Confederated Tribes, a publicly supported not for profit corporation owned by the Latgawa Native American Indian Tribe. The articles questioned the valuation process associated with such easements, and division associated therewith, and the status of the Latgawa Native American Indian Tribe and its exempt organization and its role in administering the conservation easements. The articles made pejorative references to the identity of the Latgawa Native American Indian Tribe, questioned its jurisdiction, questioned the authenticity of its exempt organization, and associated it with allegations of improprieties in connection with valuation of conservation easements and land division associated with the grant of conservation easements. The articles focused on the role of the Latgawa Native American Indian Tribe and its exempt organization in facilitating tax credits from Colorado that were allegedly inappropriate. The articles made further reference to the convening of a grand jury investigation of conservation easements and their valuation and the role of the Colorado Board of Appraisers in regulating the valuation of conservation easements. Despite advice from the Colorado Department of Revenue to the Rocky Mountain News to maintain confidentiality of taxpayer information, the articles contain disclosures of confidential taxpayer information in violation of federal and state civil and criminal statutes.
    The articles had the intent to disparage all persons associated with the subject conservation easements, including the original land owner, the Latgawa Native American Indian Tribe, and its exempt organization. They were false as to the division of property. They were misleading as to the appraisals of conservation easements associated with such properties because they failed to take into consideration the expensive habitat restoration program associated with the grant and acceptance of such conservation easements. References to the Latgawa Native American Indian Tribe in the articles can only be understood in the context of “race bating”. The role of the Central Point Police Department in Central Point, Oregon further understates the extent of Judicial Misconduct, local politics and of local law enforcements efforts to discredit the Latgawa. (originally stemming from our status and of a Civil Action in Josephine County Circuit Court against local lawyers and Judges in a quiet title action to steal indian land from the Latgawa) The ACLU is also now investigating civil rights violations against Native American Indians and the Latgawa Tribal Members. The information contained in the articles was false, misleading, intentionally damaging, and resulted in damage to the Latgawa Native American Indian Tribe in its relations with local government in its home state, Oregon, and in damage to its carefully articulated conservation program that emphasizes not only the grant of conservation easements, their oversight, but also the restoration of degraded sites so that they provide habitat for native wildlife. Damage from the articles continues because they were and continue to be published on the internet and continue adversely to affect the relations between the Latgawa Native American Indian Tribe and local government in Oregon and continue to discourage conservation minded persons owning property in Colorado from using the facilities of the Latgawa Native American Indian Tribe’s exempt organization to execute conservation easements.
    The articles were initially and have since been demonstrated to be false. The Latgawa Native American Indian Tribe has been recognized by various local, state and federal agencies. Inter alia, it has also been recognized as an Indian Nation by the Internal Revenue Service. It had a pending application for recognition by the United States Department of the Interior by the name of “Confederated Tribes, Rogue, Table Rock and Associated Tribes” a name that encompassed all the tribes in the Bear Creek and Rogue Valleys. The Latgawa removed the application after an extensive investigation upheld that the Latgawa were never terminated and therefore still federally recognized by Congress and whereas the BIA has no legal standing regarding the Latgawa. The Latgawa Indian Tribe retained the Confederated Tribes, Rogue, Table Rock and Associated Tribes as a nonprofit organization.
    The Latgawa Native American Indian Tribe’s exempt organization is current with the Internal Revenue Service as a publicly supported exempt organization qualified to receive and administer conservation easements. Statements by the articles questioning the status of the Latgawa Native American Indian Tribe and its exempt organization are either false or highly misleading.
    The Latgawa Native American Indian Tribe has contractual jurisdiction over the conservation easements it administers. It understands the sensitivity of confidential taxpayer information associated with conservation easements and undertakes to protect same. While it does not commission appraisals in connection with conservation easements it receives, it considers the appraisal information to be confidential taxpayer information.
    In connection with and as a probable result of the articles published in the Rocky Mountain News, the Colorado Board of Appraisers initiated various investigations of appraisers that submitted appraisals in connection with the grant of conservation easements. The appraiser that performed certain of the appraisals on conservation easements received and accepted by the Latgawa Native American Indian Tribe’s exempt organization received a request for information followed by an administrative subpoena from the Colorado Board of Appraisers. The information was in the possession of the Latgawa Native American Indian Tribe. In response to the subpoena, the Latgawa Native American Indian Tribe and its exempt filed and perfected an action for injunctive relief and for a temporary restraining order against the Colorado Board of Appraisers and the appraiser prohibiting the latter from disclosing confidential taxpayer information and the former from soliciting, subpoenaing, and using same. The request for relief was filed in Latgawa Tribal Court. Orders issued pursuant thereto. Thereafter, the Attorney General for the State of Colorado agreed to cause the Colorado Board of Appraisers to withdraw the request for information and the subpoena. The Attorney General entered a stipulated partial dismissal of the action as it affected the Colorado Board of Appraisers recognizing the continuing jurisdiction over the matter by the Latgawa Tribal Court. The subpoena and request for information were withdrawn in connection with the foregoing proceeding. Not only is it not the case that the Latgawa Native American Indian Tribe has not been recognized but it is the case that the Attorney General for Colorado has ALSO recognized the Latgawa Tribal Court.
    The articles falsely imply that there is a nexus between the Latgawa Native American Indian Tribe and its exempt, the original landowner, or the appraiser and any legitimate ongoing investigation by the Colorado Board of Real Estate Appraisers or any grand jury. The conservation easements received by the Latgawa Native American Indian Tribe’s exempt organization have been duly recognized and accepted in whole without issue or adjustment by the Colorado Department of Revenue. The Colorado Board of Real Estate Appraisers has withdrawn from any investigation of any appraiser or appraisal commissioned in connection with any conservation easements accepted by the Latgawa Native American Indian Tribe’s exempt organization. The Latgawa Native American Indian Tribe has never been directly or indirectly approached by any governmental agency, Colorado or federal, in connection with its conservation easement program. To the knowledge of the Latgawa Native American Indian Tribe and its exempt organization, no person who has granted a conservation easement or has purchased a credit or claimed a deduction in connection therewith has had the credit or deduction denied. There is no legitimate basis for the scurrilous attack in the articles upon the Latgawa Native American Indian Tribe or its exempt organization or upon anyone associated with it.
    The Latgawa Native American Indian Tribe takes seriously their obligations to administer remediation and maintenance and protection of conservation easements entrusted to them. Acting through their governance and through persons retained thereby, it has overseen continuing activities on the conservation easements it has accepted to remediate prior environmental damage, restore wildlife, and encourage the purposes for which the United States and Colorado conservation easement programs were initiated. It takes with great seriousness false allegations by the Rocky Mountain News that call to question its role in such conservation easements.
    While the Rocky Mountain News is published in Denver, Colorado, its articles are published on the internet. They have found their way into Oregon where the Latgawa Native American Indian Tribe and its exempt organization have their headquarters. They have been used and recited by local governmental officials to undermine the reputation of the Latgawa Native American Indian Tribe before local and state government in Oregon. The Latgawa Native American Indian Tribe and its exempt have been damaged from the publication of the articles. Because the publication of the articles (and now yours Mr. Fletcher) continues electronically, the damage is continuing.

    Airport Chevrolet failed to uphold it’s contract. The Federal Civil Action brought by Airport was dismissed as “moot” and the Civil Action in the Latgawa Indian Tribal Justice Court continues…
    Our Tribe is still here.

  2. katie November 24, 2010 / 6:11 am

    The Latgawa are a legitimate tribe, I’ve done alot of research. I am not indian, but remain a well educated registered nurse.

  3. wendy clark June 30, 2011 / 10:03 pm

    I am Cherokee Indian my Great Great Grandfathers name was George Washington Hawk he was on the trail of tears. I have been in Chief Grey Eagle office in Central Point. Who is this Red Hawk Chief? That is my bird that talks to me my daddy was a World War 11 vet who fought on Battle of the Bulge. I found my daddy’s grave, at the vet cemetery two years ago on valentines day. Then two weeks later I went to a vet park in Hemet Ca. I saw the biggest Red Tail Hawk starring at me while I was walking up to the baseball diamond where you would go up to bat and then the Hawk flew away up into the sky. You to understand my daddy and Loved Base Ball he use to play with Sherman Lawlor Chicago White Sox who won world series and pitched with Him . My daddy was the best trouble shooter for Univac he was the best election tech engineer he use to travel to Hawaii and New York to teach. My Hawk told me my daddy made the home run. Oh check out one of my elders who had respect as well for me he was an Native American Indian Actor Billy Day Dodge he is on you tube. He ask for me because be need to here the Hawks message. Please call me Grey Eagle you name me in your office remember Angle Cloud please call me 9512507359. I am a spirit walker you can check it on my paperwork through the cherokee or email I need to speak to you many blessings and ill keep you in prayer

  4. james September 28, 2011 / 2:32 pm

    I’m native american and well-versed at tribal law, and this tribe is not listed as recognized even by the State of Oregon. To state that federal and state agencies recognize your alleged tribe, may be somewhat true, but the State of Oregon and the United States do not. You say you are in the process of applying for federal recognition, but have not produced the necessary papers, and addressed the appropriate entities. This process is easy enough. Yet you have not done it… At the same time, you’re able to file all these other papers to ensure you get rich.
    I bet this is just a big fraud by greedy people to hide behind a smoke screen of tribal affiliations to get rich. Probably look like you just come out of a spagetti western…

Comments are closed.