More Dollar General Coverage — Tulalip Tribes

Here is “Supreme Court case draws Tulalip’s attention.”

Indian Country Investigation & Prosecutions Report to Congress

Link to DOJ report for 2014 here.

Highlights:

  • FBI’s CY 2014 statistics are similar to 2013. The majority of Indian country criminal investigations opened by the FBI were referred for prosecution.
  • The majority of Indian country criminal cases opened by the USAOs were
    prosecuted.
  • The most common reason FBI Indian country investigations were closed administratively without referral for prosecution was that the investigation concluded that no federal crime had occurred. Analysis of CY 2014 data indicates that 657 FBI Indian country investigations were closed administratively without referral to a prosecuting authority — approximately 32% of the investigations that were opened. Reasons for non-referral include deaths determined to be the result of natural causes, accident, or suicide (i.e., non-homicides; 20% in CY 2014 of all investigations not referred), and insufficient evidence of criminal activity (21% in CY 2014).
  • All but 37 of the 148 death investigations that the FBI closed administratively in CY 2014 were closed because the FBI established that the death was due to causes other than homicide; i.e., accidents, suicide, or death due to natural causes.
  • In 2014, the USAOs resolved more cases than in 2013. In 2014, the USAOs resolved 535 more cases than in 2013. A total of 3,930 Indian country matters were resolved in CY 2014, as compared to 3,395 cases in 2013.
  • The USAO declination rate remained steady. USAO data for CY 2014 show that 34% (989) of all Indian country submissions for prosecution (2,941) were declined. In CY 2013, USAOs declined approximately 34% (853) of all (2,542) Indian country submissions for prosecution. USAO data for CY 2012 indicate that just under 31% (954) of all Indian country submissions for prosecution (2,542) were declined.
  • The most common reason for declination by USAOs was insufficient evidence (59.6% in CY 2014, 56% in CY 2013, and 52% in CY 2012). The next most common reason for declination by USAOs was referral to another prosecuting authority (16.3% in CY 2014, 21% in CY 2013, and 24% in CY 2012).

Cross Deputization for Pokagon Band of Potawatomi and County Officers

Link to South Bend Tribune article here.

Excerpt:

In the meantime, the deal will allow tribal police officers to enforce Indiana laws in St. Joseph County, including on the 1700 acres of Pokagon land near North Liberty and the 166 acres between Prairie Avenue, Locust Road and the St. Joseph Valley Parkway.

“With the Pokagon Band restoring the tribal village here in South Bend, we thought it was our duty to work with St. Joseph County to enhance public safety in this area,” said tribal Chairman John Warren.

Federal Felony Information re: Former GTB Employee

Here is the pleading in United States v. Buchanan (W.D. Mich.):

US v Buchanan

From the GTB press release:

November 24, 2015, Peshawbestown, Michigan. On November 23, 2015, the United States filed a “Felony Information” against the former Information Technology Director of GTB, Michael Buchanan, alleging embezzlement from an Indian tribal organization, 18 U.S.C. 1163. The Felony Information is the result of extensive investigatory work by GTB’s Police Department in cooperation with the FBI. GTB anticipates that Mr. Buchanan will be arraigned on Monday at 2:00 p.m. in the Federal District Court in Grand Rapids, Michigan. The alleged scope of GTB’s loss is extensive, $233,176.12, which is the value of computer equipment purchased by Mr. Buchanan and resold to third parties over the time period 2008-2012. GTB anticipates that Mr. Buchanan will not contest the charges. Further information will be provided after the arraignment and further criminal court proceedings.

Guardian Series on America’s Poorest Towns Includes Gila River

Link to article here.

 

United States v. Bryant Cert Stage Briefs

Here:

Cert Petition

NCAI Amicus Brief in Support

Opposition Brief

US Cert Stage Reply

Lower court materials here (en banc), and here (panel).

Zepeda v. United States Cert Petition

Here:

Zepeda Cert Petition

Questions presented:

The Indian Major Crimes Act, 18 U.S.C. § 1153, makes it a federal crime for an “Indian” to commit any one of thirteen enumerated acts in “Indian country.” In this case, the en banc Ninth Circuit held that an element of the offense in prosecutions under this statute is proof that the defendant has “Indian blood,” whether or not that blood tie is to a federally recognized tribe. The question presented is:
Whether, as construed by the Ninth Circuit, Section 1153 impermissibly discriminates on the basis of race.
Opinion here. En banc materials here, here, and here. Panel materials and other materials here, here, and here.

CTAS Solicitation Period Open

Link to the DOJ announcement here.

Link to 2015 award post here.

Coordinated Tribal Assistance Solicitation is the award process Tribes can submit proposals to “support public safety, victim services and crime prevention improvements.”  Tribes have until Tuesday, February 23, 2016 at 9PM EST.

Senate Indian Affairs Committee to Review TLOA

Hearing set for Wednesday, December 2, 2015 at 2:15PM EST.

Link to announcement here.

Tenth Circuit Affirms Sentence in Federal Conviction for Assaulting a BIA Officer

Here is the opinion in United States v. Quiver.