Cheyenne-Arapho Tribes Allege Scary Federal Trust Breach

Matthew L.M. Fletcher

Here is the complaint in Cheyenne & Arapaho Tribes v. United States (Fed. Cl.):

C&A Complaint

If the allegations are proven true, then this is unbelievable. Here is what I mean:

16. On or about November 10th, 2011, the Concho Agency received a request from a person purporting to act on behalf of the Tribe to transfer funds from the Tribal Accounts to a private bank account at the Citizens State Bank in Ada, Oklahoma (“Citizens Bank”).
17. In response to the request, on or about November 18, 2011 the BIA Concho Agency transferred approximately $760,225.00 from the Tribal Accounts to a private bank account at Citizens Bank numbered xx8645 (the “Transfer”).
18. The Tribe neither authorized nor had knowledge of the request, and at no time prior to the Transfer did the BIA Concho Agency contact or inform the Tribe about the request.
19. The owner of the account to which the Tribe’s funds were transferred had no legal right to the funds, which were held by the United States for the exclusive benefit of the Tribe and its members.
20. As a result of the Transfer, the Tribe’s funds were placed beyond the control of both the Tribe and Defendant.
21. On or about November 23, 2011, the BIA Southern Plains Regional Director vacated the actions of the BIA Concho Agency and demanded that the funds transferred from the Trust Accounts as a result of the Transfer be returned with all possible haste.
22. To date, none of the funds transferred from the Trust Accounts as a result of the Transfer have been returned to the Tribe or its Trust Accounts.
23. As a result of the Transfer, the Tribe was unable to provide its members with a year-end per capita distribution in December 2011.

2 thoughts on “Cheyenne-Arapho Tribes Allege Scary Federal Trust Breach”

  1. Pete June 21, 2012 / 12:59 pm

    There is a highly contentious intra-tribal government dispute going on here. While the complaint makes it appear that the money was transferred to a stranger, I would bet the transfer was to an account controlled by the opposing faction. Plaintiff Prairie Chief-Boswell is the leader of one faction. Perhaps they’re seeking a ruling that the plaintiffs’ faction is the one properly in control of tribal assets.

  2. Richard June 21, 2012 / 5:44 pm

    What’s most scary is that the BIA bureacracy had ruled three previous times that the alleged tribal court that sparked the internal dispute was illegitimate. Then when it didn’t serve their purpose they reversed course and recognized the previously determined illegitimate court in order to overturn the leadership. Place needs to be dismantled.

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