fake Indians – Page 2

You may recall our posting on the recent complaint in Koniag, Inc. v. Kanam (and the Karluk Tribal Court). There is some evidence that the “Karluk Tribal Court” is not attached to a federally recognized tribe, and may be a total fraud.

Here are some additional materials in the ongoing federal suit:

Koniag Motion for TRO

Karluk Tribal Court Materials [Note the location of the tribal court — it’s in Washington state, a thousand miles from the Native village on Kodiak Island]

First Amended Complaint

Here is an order issued by the “Karluk Tribal Court” purporting to declare a Washington state court ICWA proceeding invalid: Continue reading →

Eighth Circuit Affirms Convictions of Fake Indians for Abuse of Process and Obstructing Justice

February 10, 2012Matthew L.M. Fletcher4 Comments

Here is the opinion in United States v. Reed:

US v Reed CA8 Opinion

An excerpt:

Gregory Allen Davis and Michael Howard Reed irrationally believe that their membership in the Little Shell Nation, an unrecognized Indian tribe, means they are not United States citizens subject to the jurisdiction of the federal courts. This belief led them into serious trouble. First, Reed threatened North Dakota District Judge Ralph Erickson because he refused to dismiss federal drug charges against two other Little Shell members. Months later, when District Judge Daniel Hovland denied a motion to dismiss a firearm charge pending against Reed, Davis filed a Uniform Commercial Code (UCC) financing statement listing Judge Hovland and acting United States Attorney Lynn Jordheim as $3.4 million debtors and Davis as the secured party. After a three-day trial, a jury convicted Davis and Reed of conspiring to file and filing false liens against Judge Hovland and Jordheim in violation of 18 U.S.C. § 1521. The jury also convicted Reed of corruptly obstructing justice in violation of 18 U.S.C. § 1503(a), based on his earlier threats. On appeal, Davis argues that the evidence was insufficient to prove a violation of § 1521. Both Davis and Reed argue, for somewhat different reasons, that the district court violated their constitutional rights by allowing them to represent themselves at trial. We affirm.

Fake Indians (again): Neal v. Arizona — “Pembina Nation Little Shell Band of North America”

June 12, 2011Matthew L.M. Fletcher

Here are some materials in Neal v. Arizona, a case in which two “members” of this fake tribe (not to be confused with the real Little Shell Tribe) were convicted of driving without a license.

CA9 opinion.

Arizona Brief in Neal v Arizona

Appeal of Fake “Pembina” Indians before the Ninth Circuit

March 28, 2011March 26, 2011Matthew L.M. Fletcher

Here are some of the materials in Neal v. State of Arizona, an attempt to force Arizona to recognize the driver’s licenses and car registration of the fake “Pembina Band”:

DCT Order Dismissing Neal Complaint

Arizona Answer Brief

Eighth Circuit Affirms Conviction of “Attorney General” of Fake Indian Tribe

March 9, 2011Matthew L.M. Fletcher

Here is the opinion in United States v. Reed: CA8 Opinion in US v Reed

Reed is the self-proclaimed attorney general for the Little Shell Nation, anIndian tribe not recognized by the federal government. Reed is not Native American,similar to many members of the unrecognized tribe, who join the organization via theInternet. Reed was “adopted” by the Little Shell Nation in 2006, when he moved toNorth Dakota. The Little Shell Nation maintains its office and headquarters inRolette, North Dakota.

11th Circuit Affirmed Conviction of Fake Indians Selling Tribal Membership to Undocumented Aliens

February 14, 2011February 12, 2011Matthew L.M. Fletcher1 Comment

Here are the materials in United States v. Watson:

Lower courts materials here.

Fake Indian Alert: Utah Supreme Court Addresses Fake Tribal Court Orders

November 3, 2010Matthew L.M. Fletcher

Here is the opinion in DFI Properties v. GR 2 Enterprises (link) (DFIProp110210).

An excerpt:

On the morning of the scheduled conference, Mr. Granados, acting without counsel, filed three documents with the district court. These documents, an “Order for Hearing to Show Cause,” an “Order to Stay Proceedings,” and a “Petition for Hearing to Show Cause, Stay of Proceedings, and for Declaratory Relief,” were signed by Judge Clayton of the “First Federal District Court, Western Region.” This court is neither a state court nor a federal court. Rather, it is a tribal court of the NATO Indian Nation. The documents asserted that Mr. Granados was a member of the tribe and that, pursuant to certain aspects of federal law, tribal courts have exclusive jurisdiction over matters involving tribe members. Based on this purported exclusive jurisdiction, the documents ordered the district court to stay the proceedings pending resolution of the matter in tribal court.

Mr. Granados received Rule 11 sanctions.

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