Federal Claims Court Dismisses Opioid Claims Arising under Bad Men Clause

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

7-1 US Motion to Dismiss

10 Response

11 Reply

14 DCt Order

We posted the complaint here.

Cheyenne & Arapaho Tribes Sue US for Violation of “Bad Men” Clause over Opioids

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

1 Complaint

Cheyenne-Arapho Tribes Allege Scary Federal Trust Breach

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.