Criminal

Federal Forfeiture Action over $400,000 of NY Indian Tobacco Retailer

Matthew L.M. Fletcher

Here is the complaint in United States v. $400,000 (W.D. N.Y.):

1 Complaint for Forfeiture

Excerpts:

During the investigation, it was determined that the parties involved in the shipping of the contraband cigarettes in interstate commerce also filed false information to the appropriate taxation authorities as required under the Jenkins Act, Title 15, United States Code, Sections 375-378. All cigarette sales made by a stamping agent are required by New York State law to be recorded on a form known as Form CG which had to be sent on a monthly basis to the NYSDT in Albany, New York, with a certificate that the information contained therein was true and correct.

And:

During the time period of September 24, 2012 – January 14, 2013, AARON PIERCE through his corporation, AJ’s Wholesale LLC (“hereafter “AJ’s”) sold 403,413 cartons of cigarettes in a manner designed to make it look on paper as though the untaxed cigarettes were legitimately obtained through Ho-Chunk, Inc. (“HCID”) a tribal cigarette and tobacco distributor, a corporation operated by the Winnebago Tribe of Nebraska, as well as other Native American cigarette and tobacco suppliers.

Finally:

Ho-Chunk, Inc. is the parent company of HCI Logistics (HCIL) which is a commercial transportation company that HCID would use to transport product from the HCID warehouse in Winnebago, Nebraska. Neither HCID nor HCIL are licensed tobacco wholesalers or state stamping agents in Nebraska or New York State.

Eighth Circuit Affirms Major Crimes Act Convictions; Rejects “Indian Status” Claim

Matthew L.M. Fletcher1 Comment

Here is the opinion in United States v. Martin.

Briefs:

Martin Brief

US Brief

Martin Reply

Yakama Nation Education Dept. Employees Indicted by Feds for Theft from a Tribal Organization

Matthew L.M. Fletcher

Here is the indictment in United States v. Gardee (E.D. Wash.):

1 Indictment

Eighth Circuit Affirms General Crimes Act Conviction

Matthew L.M. Fletcher

Here is the unpublished opinion in United States v. Bear Runner.

Profile of Human Sex Trafficking in Bakken

Matthew L.M. Fletcher3 Comments

Here is “Sex for sale in the Bakken: Trafficking in North Dakota is on the rise, and often the victims can’t escape.”

H/t Pechanga.

Minnesota COA Holds Warrantless Search of Tribal Casino Patron Not Covered by ICRA

Matthew L.M. Fletcher1 Comment

Here is the opinion in State v. Yang. An excerpt:

Appellant challenges his convictions of three counts of controlled substance crime in the first degree, arguing that security guards employed by the Mystic Lake Casino Hotel violated his Fourth Amendment protections under the Indian Civil Rights Act and the United States Constitution when they conducted a warrantless search of his satchel in a hotel room and discovered methamphetamine and marijuana. Because the security guards were not acting as tribal governmental agents, appellant’s rights under the Indian Civil Rights Act were not violated. We affirm.

WaPo Profile of Sexual Abuse in Indian Country

Matthew L.M. Fletcher1 Comment

Here is “A Man of Healing, A Saga of Suffering.”

NYTs Profile of Alleged Corruption at MHA Nation

Matthew L.M. Fletcher1 Comment

Here is “In North Dakota, A Tale of Oil, Corruption and Death.”

Report on Tribal Green Reentry Program

Matthew L.M. Fletcher

Here is “Cross-Site Evaluation of the Office of Juvenile Justice and Delinquency Prevention Tribal Green Reentry Program.”

An excerpt:

From 2009 through 2014, the Office of Juvenile Justice and Delinquency Prevention (OJJDP) funded demonstration grants to incorporate green technologies and environmentally sustainable activities in programs designed to help detained and reentering tribal youth successfully reintegrate into their communities and to prevent future juvenile justice system involvement among at-risk youth. Three American Indian tribes received Tribal Juvenile Detention and Reentry Green Demonstration (“Green Reentry”) grants: the Hualapai Indian Tribe (Arizona), the Mississippi Band of Choctaw Indians (MBCI; Mississippi), and the Rosebud Sioux Tribe (RST; South Dakota). Throughout their grant periods, the three sites received training and technical assistance from the Tribal Juvenile Detention and Reentry Resource and Technical Assistance Center, managed by the Education Development Center.

President Obama Officially Signs Law Repealing Alaska Exemption from VAWA Tribal Jurisdiction Provisions

Matthew L.M. Fletcher2 Comments

Here is S. 1474.