Materials in Yet Another Pending Suit Filed in 2017 regarding Galanis et al. Investment Fraud involving Wakpamni Lake Community Corporation

Here are the materials so far in Water Works Board of the City of Birmingham v. U.S. Bank National Association (D.S.D.):

1 Complaint

26 US Bank MTD

29 Opposition

30 Reply

32 DCT Order

68 Chicago Transit Complaint in Intervention

UPDATE:

99 US Bank Motion to Dismiss

151 Stipulation of Dismissal [RHCT]

Materials in Pending Suit Filed in 2017 regarding Galanis et al. Investment Fraud involving Wakpamni Lake Community Corporation

Here are the materials (so far) in Michelin Retirement Plan v. Dilworth Paxon LLP (D.S.C.):

1 complaint

67-1 Greenberg Traurig MTD

91-1 Dilworth Paxon MTD

150 Michelin Response to GT MTD

150-10 GT Opinion Letter

150-12 GT Invoice to WLCC

150-14 OST Resolution on Raines Authority

150-15 OST Council Meeting Minutes

150-16 Morton Materials re WLCC

150-17 GT Opinion Letter

161 Michelin Response to Dilworth MTD

161-2 Dilworth Opinion Letter

161-4 Investment Mgmt Agreement

161-5 Trust Indenture

161-10 SEC Complaint

161-14 Dilworth Opinion Letter

172 Request for Default Judgment on Wakpamni

179 GT Reply

180 Dilworth Reply

203 Magistrate Report

209 GT Objection

218 DCT Order Denial of 67 & 91

372 Notice of Voluntary Dismissal of GT

408 Magistrate R&R re 301

411 Amended Complaint

411-1 Timothy Anderson Engagement Letter

411-10 WLCC Bank Statement

468 DCt Order Granting Dilworth MTD

Jury selection is set for February 2020. Wakpamni Lake Community Corporation did not file a response. The clerk issued a default judgment against WLCC. Docket no. 173.

605 Default Judgment

More Docs Related to Galanis et al. Fraud involving Wakpamni Lake Community Corporation owned by Oglala Sioux Tribal District

We posted a complaint yesterday filed by a Chicago retired employee fund against individuals and law firms that worked on this deal.

Here are a few more docs (there is a lot to dig up, but this is a start):

SEC complaint

federal-brief-in-us-v-archer.pdf [details the scheme, appeal in related conviction]

366_f.supp_.3d_477.pdf [galanis decision, on appeal]

Friday Job Announcements

Any posts for an open Indian law or leadership job received prior to 12pm EST on Friday will appear in that week’s announcement, when the following information is sent to indigenous@law.msu.edu:

  1. In the email body, a typed brief description of the position which includes
    • position title,
    • location (city, state),
    • main duties,
    • closing date,
    • and any other pertinent details such as links to application;
  2. An attached PDF job announcement.

Please send all job announcements in this requested format.

Legal Opportunities

Pueblo of Laguna

Associate Judge, Dept: Pueblo Court; Application is open until filled.

Public Defender, Dept: Pueblo Court; Application is open until filled.

Please visit the Pueblo of Laguna website for more information and application instructions at www.lagunapueblo-nsn.gov or you can contact the Human Resources office at (505) 552-6654.

The Pueblo of Isleta Tribal Court

Presenting Officer, Pueblo of Isleta, Albuquerque, NM. This individual will be responsible to act as the legal representation for the Pueblo of Isleta Social Services Department, Truancy Department, and Children’s Intervention Officer in matters where court and/or legal interventions are needed to ensure the safety and well-being of the Pueblo of Isleta community members. All interested individuals can request a copy of the “Request for Letter of Interest” instructions.  Details are in the attached advertisement. The Letter of Interest package must reach the Pueblo of Isleta Procurement Office no later than 3:00 pm MST, Thursday, November 14, 2019.

U.S. Department of the Interior

Attorney-Adviser, Office of the Solicitor, Washington, D.C. The attorney provides legal advice to the Bureau of Indian Affairs, Office of Justice Services. Duties include advising the Bureau on matters related to the law enforcement program, litigation, preparing transactional agreements, FOIA review, and drafting legal memoranda and opinions. Please see the link below for a full description of duties and requirements on usajobs.gov. The announcement number is SOL-2020-0002. The solicitation closes on October 30, 2019.

Earthjustice

Research and Policy Analyst, Los Angeles, CA. Supports the CA Regional Office’s programmatic focus on air pollution and clean energy issues in California by: developing the factual basis for lawsuits, writing and editing comment letters and other advocacy documents, representing Earthjustice in advocacy work with government decision makers, and developing and maintaining relationships with clients and other partners.  Please see the job description for more information.

Confederated Tribes of the Umatilla Indian Reservation

Legal Aid Attorney, Intimate Partner Violence Survivors (IPVS), Pendleton, OR. Serve women suffering from or at risk for any of the following: domestic violence, dating violence, sexual assault, stalking or trafficking. The IPVS Attorney will advise and if necessary represent eligible clients as they exercise their legal rights to be free from and protected against perpetrators of Domestic Violence (DV). The IPVS Attorney will also develop programmatic materials as needed prioritizing legal materials and resources, and enhance existing legal services to eligible clients. Application closes October 30, 2019. See the position description or visit the website for more information and to apply.

Confederated Tribes of the Colville Reservation

Chief Judge, J-2147; Colville Tribal Court.  This position is open till filled with weekly reviews.

Senior Staff Attorney, 2 positions J-8937; Colville Confederated Tribes, Nespelem, WA.  Will provide complex legal services to handle significant legal matters for the Office of Reservation Attorneys. Renewable 3 yr. contract position with a full benefits package, Salary will be negotiated. This position is open till filled with weekly reviews.

Deputy Prosecutor,  J-8821; Colville Tribal Court, Nespelem, WA. Represent Criminal, MINOC, Range Impoundment, Natural Resources Enforcement and civil infraction hearings, Wellness court, and appellate cases before the Colville Tribal Court of Appeals. Renewable 3 yr. contract position with a full benefits package.  This position is open till filled with weekly reviews.

Managing Public Defender, J-8791; Colville Tribal Court and Court of Appeals, Nespelem, WA. Represent Tribal Members in criminal matters.  Renewable 3 yr. contract position with a full benefits package.  This position is open till filled with weekly reviews.

Staff Attorney, J-8668; Colville Confederated Tribes Legal Office, Nespelem, WA. providing legal services to Tribal Members.  Renewable 3 yr. contract position with a full benefits package.  This position is open till filled with weekly reviews.

Please visit and apply at colvilletribes.com or you can contact judy.zunie@colvilletribes.com.

Fond du Lac Band of Lake Superior Chippewa

Staff Attorney, Cloquet, MN. The Staff Attorney provides general legal services to the Band. The Staff Attorney’s responsibilities include contract drafting, litigation, working with administrative agencies, preparing tribal ordinances, and other duties assigned by the Tribal Attorney.  To apply, please submit a resume and any other supporting documentation to: Fond du Lac Human Resources, 1720 Big Lake Road, Cloquet, MN 55720.

WI Judicare

Legal Advocate, Wausau, WI (can work remotely). This position is part of the Violence Against Women Act Legal Assistance to Victims grant. The Legal Advocate will also directly assist the Lead VAWA Attorney in her representation of Native American survivors of violence. Please see the position description for more information.

DNA Legal Services

Multiple Positions, Farmington, N.M. DNA-People’s Legal Services (DNA) is a non-profit law office committed to providing high quality legal services to persons living in poverty on the Navajo, Hopi and Jicarilla Apache Reservations, and in parts of Northern Arizona, Northwest New Mexico, and Southern Utah. DNA is one of the largest Indian legal service organizations in the country. We currently have openings for attorneys in all of our offices. We also have summer law clerk positions – fellowship funded positions, volunteer positions, or Work-Study positions – in all of our offices. If you are interested in applying for a position please email your resume and cover letter to Rodolfo. D. Sanchez, DNA – People’s Legal Services Executive Director at rsanchez@dnalegalservices.org.

 

Leadership Opportunities

Center for Indian Country Development (CICD)

Assistant Vice President, Minneapolis, MN. The CICD at the Federal Reserve Bank of Minneapolis supports the economic strength of Native communities. This position is a senior member of the leadership team leading the development of the department’s portfolio of policy work and research agenda in Indian Country, and contributes to the overall strategic direction of the department, informing senior Bank leadership on economic and tribal development issues, and building external networks and partnerships, particularly with tribal community members and researchers. For more information, please see the position description or to apply. This position is open until filled.

The Suquamish Tribe

Forestry Program Manager, Dept. of Natural Resources, Suquamish, WA. The Forestry Program Manager is responsible for the management and oversight of the Forestry Program on the Port Madison Indian Reservation and works directly with the Natural Resources Director in setting priorities and implementing actions.  The incumbent manages and mentors program staff, updates and implements the Port Madison Indian Reservation Forest Management Plan, develops and manages program budgets and grants, evaluates program capacity and needs, and develops strategies to address priorities.

Association of Village Council Presidents (AVCP)

Chief Administrative Officer, Bethel, AK. We are looking for that rare combination of hard and soft skills that will guide our administrative teams in this period of innovation, as we build systemic efficiency and provide more effective services to our tribal members. The CAO is responsible for directing and evaluating the ongoing administrative operations of the organization, including oversight and responsibility for the fiscal functions of AVCP. Direct experience in non-profit work with tribes or with predominantly government-grant-funded organizations preferred. For more information, please see the position description; to apply, click here. Position open until filled, with review of applicants every 2 weeks.

Student Opportunities

Michigan Indian Legal Services

(3) Summer Legal Interns/Externs, Traverse City and Southwest Michigan offices. MILS is willing to work with interns/externs who need to work remotely. MILS is also willing to work with law school to help law students complete externship credit hour requirements or funding, and will accept applications regardless of year. Open until filled. Please see the position description for more information.

Rincon Band of Luiseño Indians

Summer 2020 Law Intern, Valley Center, CA. The Rincon Band of Luiseno Indians is seeking a law student (or two) who are interested in learning about practicing Native American law on a reservation. In your ten-weeks here, you will be exposed to a broad range of on-going issues, follow cases in litigation, research and write memos on issues, assist in writing and updating ordinances and policies for the Rincon Band, and other projects requested by the Attorney General. Qualified applicants should submit their resume, transcript, writing sample and cover letter to lmckee@rincon-nsn.gov.

National Indian Gaming Commission

Intern, Washington, D.C. Under the supervision of the Office of General Counsel attorneys, interns may assist with a variety of matters, including legal research and writing for legal advisory opinions and other memoranda; reviewing tribal gaming ordinances, proposed management contracts, and other tribal submissions; and providing legal support in enforcement actions and appeals. The intern will be assigned at least one major research and writing project. The intern is expected to work 40 hours per week and will be paid at a GS-7 step 1 equivalent rate. Optionally, at the selected applicant’s request, the internship can be converted to an unpaid externship for law school credit. The announcement closes on November 15, 2019 at 11:59 p.m.

Maier Pfeffer Kim Geary & Cohen LLP

Law Clerk, Oakland, CA. The position could either begin part time (exact hours negotiable) during Spring 2020 and convert to full time during Summer 2020, or solely be a full-time Summer 2020 position. Applicants must be enrolled in an ABA accredited law school and a second year law students. Experience or coursework in tribal and Federal Indian Law is strongly preferred. To apply: interested candidates should e-mail a cover letter, resume, writing sample, and unofficial law school transcript to Ms. Bethany Sullivan at bsullivan@jmandmplaw.com by November 22, 2019. See the job description for more information.

Requests

Bishop Tribal Council

RFP, Contract Chief Judge, Bishop, CA. The Tribe has received the Juvenile Healing to Wellness Court grant and the Judge will be responsible to lead development and implementation of this grant. Submission deadline is November 15, 2019. For more information please see the announcement.

Hoopa Valley Tribal Court

RFQ, contractual Domestic Violence Attorney, Northern California, 95546. Legal assistance services, notification of key proceeding dates, assistance with restitution advocacy, assistance with victim impact statements, emergency legal assistance for filing restraining or protective orders, and obtaining emergency custody order and visitation rights. Statements must be received by October 31, 2019.

The Shivwits Band of Paiutes’ Shivwits Band Corporation

RFP, Economic Development Coordinator, Ivins, UT. Oversee economic development for the Corporation. Main duties will include general oversight of the Shivwits Convenience Store, establishment of concessions and equipment rentals at Fire Lake Reservoir, and other economic development activities. Closing date is November 20, 2019.

The Yakama Nation Housing Authority

RFP, Wapato, WA. Requesting legal services pertaining to Indian housing issues in the following specialties: Real Estate, NAHASDA, Employment, Finance/Development and Legislative. Individuals or firms may send a proposal for one or as many specialties of their choosing. RFP package may be obtained electronically from: alfred@ynha.com. The deadline for submitting a proposal is 2:00 pm November 13, 2019. See the job announcement for more information.

 

See posts from October 11, 2019.

 

Chicago Employee Retirement Fund Sues “Fly-By-Night Tribal Financiers” + Law Firms over “Issuance of $43 million in Worthless Bonds” [case involves Oglala Sioux Tribal Subdivision] — Updated with Federal Court Materials

Update — the case has been removed to federal court, the Northern District of Illinois:

1 Notice of Removal

1-1 Complaint Exhibits

Additional update (3/17/2020):

18 Greenberg Traurig Motion to Dismiss

23 Dilsworth MTD

32 Plaintiff Opposition to Dilsworth MTD

33 Plaintiff Opposition to GT MTD

Here is the complaint in Chicago Transit Authority Retiree Health Care Trust v. Dilworth Paxon LLP (Cook County Circuit Ct.):

Complaint

An excerpt:

1. This lawsuit arises from the Defendants’ participation in, and assistance with, the issuance of $43 million in worthless bonds (the “Bonds”) to unwitting public pension funds, including RHCT. The Bonds were not part of a legitimate public finance project, but rather a criminal scheme to enrich several individuals connected to the Defendants, including well-known fraudster, John Galanis, his son, Jason Galanis (collectively, the “Galanises”), and fly-by-night tribal financiers, Steven Haynes and Raycen Raines, the latter of whom was romantically involved with the Greenberg partner representing the issuer during the transaction.
2. The fraud, which was concealed from the bondholders until May of 2016, involved the use of bond proceeds to purchase an annuity contract with a fictious offshore entity, which is unheard of in legitimate municipal finance transactions. Only a fraction of the bond proceeds were paid to the issuer, while the majority of funds were instead wired to the offshore annuity. Not surprisingly, the annuity company turned out to be fake, allowing the Galanises and their friends to steal almost $40 million in retirement funds from a variety of public pension funds, including those serving public school teachers, sanitary workers, and in RHCT’s case, retired CTA employees and their dependents.
3. The Bonds have been the subject of criminal, SEC and civil litigation in various jurisdictions throughout the country. In its wake, several individuals have pleaded or been found guilty of criminal charges, and multiple investment companies have been forced out of business.
4. None of this would have occurred without the Defendants’ assistance. As more fully alleged herein, the Defendants–national law firms with supposedly sophisticated municipal finance practices–both served as bond counsel in the transaction, assisting not only their “clients,” but several other parties in carrying out what reasonably prudent lawyers would have recognized to be an obvious financial crime.
5. In addition to preparing transaction documents and supervising the bond issuance. the Defendants authored misleading opinion letters containing statements inconsistent with facts of which they were aware, and which failed to disclose material facts that would have prevented the transaction from closing. Through their opinion letters, the Defendants gave the transaction the appearance of legitimacy necessary for the Bonds to issue. Defendants received hundreds of thousands of dollars in stolen retirement funds as payment for their assistance with the issuance.
6. Through their conduct, and in disregard of the duties they owed foreseeable victims like the bondholders, the Defendants directly and proximately caused RHCT in excess of $6,000,000 in losses, which RHCT seeks to recover in this case.
Another excerpt detailing what appears to be efforts by the tribe to stop the alleged scheme:
64. However, instead, on June 24, 2014, the OST’s Tribal Council passed a resolution stripping Raines of authority to act with respect to tribal economic development matters, including “Tribal Economic Development (TED) Bonds,” but also “any other economic development projects.” (Exhibit C, June 24, 2014 OST Resolution.) The resolution specifically noted that Raines had exerted undue influence over OST’s then-president to gain support for economic development projects.
65. Raines served as WLCC’s primary business representative and contact for the Wakpamni bond transaction. However, the tribal resolution stripping Raines of authority over tribal economic development matters was never disclosed to the bondholders or the Indenture trustee, U.S. Bank, by Greenberg or Dilworth during the transaction.

Briefing Complete in Brackeen v. Bernhardt En Banc Petition

Documents here.

The Tribes and U.S. did not seek any amicus support in opposing the petition for en banc review.

“Not Your Mascot” Rally Planned to Protest Washington Racist Football Team Name

This afternoon in Minneapolis at 4:00pm at The Commons near U.S. Bank Stadium in downtown Minneapolis:

Click Here for news coverage

National Indian Law Library Bulletin (10/23/2019)

Here:

We have scoured the web. Here are some of the latest materials related to Indian Law. Find all of the latest updates at narf.org/nill/bulletins/

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Oneida Indian Nation v. Department of the Interior (Federal Recognition) 

U.S. Legislation – 116th Congress Bulletin 
https://narf.org/nill/bulletins/legislation/116_uslegislation.html

  • S.2616 – A bill to provide civil and criminal jurisdiction over Alaska Natives and non-Alaska Natives for certain Indian tribes in the State of Alaska. 
  • H.R.4752 – To accept land into trust for the benefit of the Prairie Island Indian Community as compensation to the Tribe for Tribal lands that have been rendered dangerous by the use and storage of highly toxic nuclear materials, some of which also have been inundated by flood waters, to release the United States from related claims, and for other purposes. 

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article) 
https://www.narf.org/nill/bulletins/lawreviews/2019.html

  • Overlooking canon: How the Alabama Supreme Court used a footnote to disregard tribal sovereign immunity in Wilkes v. PCI Gaming Authority.
  • Internet gaming on & off tribal lands.
  • Digging deeper to protect tribal property interests: United States v. Osage Wind, LLC.
  • “Perhaps Congress Would, Perhaps Congress Should”–Why Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians c. Patchak and Carcieri v. Salazar must be legislatively overridden to protect the IRA Trust Acquisition Authority.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html 
This week, in brief:

  • RECAP: National Congress of American Indians opens annual convention #NCAIAnnual19
  • New judicial order gives northern Alaska tribes more say in criminal sentencing
  • The reality of Native American Studies
  • Alaska Federation of Natives declares climate emergency
  • Southwest tribes oppose storage plans for tons of spent nuclear fuel
  • Are Wisconsin schools willing to end Native American nicknames? Some don’t even want to talk about it. 
  • Addressing food insecurity in northeast Oklahoma

QEW Case out of the Colorado Court of Appeals [ICWA]

Here.

The question is whether the parent should have had attorney representation during the interview with the qualified expert witness. This is a really interesting question, especially given that in this case the mother was assigned her own Guardian ad Litem. The Court ultimately held that she did not have the right to representation during the interview and upheld the termination of parental rights.

Unpublished Opinion from Washington Court of Appeals [ICWA]

Here.

Another court finds that a temporary guardianship where the parent cannot have the child returned upon demand meets the definition of a foster care placement under ICWA. Unfortunately the court decided not to publish the decision.

The ICWA Appellate Project filed an amicus brief in this case with the Center of Indigenous Research and Justice on behalf of minor mom.