indictment

Sen. Ted Stevens Indicted

Matthew L.M. Fletcher

From the NYTs:

WASHINGTON(Reuters) – Sen. Ted Stevens from Alaska, the longest serving U.S. Republican senator ever, was indicted Tuesday on seven counts of making false statements, according to a federal grand jury indictment.

The U.S. Justice Department has scheduled a news conference for 1:20 p.m. to make an announcement “regarding a significant criminal matter.”

A federal law enforcement official said the news conference would discuss the criminal charges against Stevens. The 28-page indictment outlining the charges against Stevens was released by the Justice Department right before the news conference.

Here is the indictment itself — stevens-indictment

Federal Plea Deal with Makah Whalers Falls Apart

Matthew L.M. Fletcher

From the Seattle Times:

TACOMA — A plea agreement expected from five Makah whalers this afternoon fell apart when the whalers realized that the U.S. government planned to restrict their future whale hunts.

Federal authorities expected the five tribal members who killed a gray whale during an unlicensed hunt last September to sign off on the plea — which would have kept the whalers from serving jail time.

Because they declined to take the plea deal, the whalers still face up to one year in custody, a $100,000 fine, up to five years of probation and possible community service. The five men will return to court Thursday with either a new plea agreement worked out or to make plans for the case to go to trial.

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U.S. v. Hunter et al. — IGRA Criminal Case — Coyote Valley

Matthew L.M. Fletcher1 Comment

United States v. Hunter, No. 06-565 (N.D. Cal.), is an unusual case. In 2001, it appears that the National Indian Gaming Commission investigated the improper expenditure of Indian gaming revenues by tribal council members at Coyote Valley Band of Pomo Indians. They reached a settlement and consent decree (attached as Exh. A to Deft. Crabtree’s Motion to Dismiss below).

In short, tribal council members allegedly continued their bad behavior — using gaming revenues to buy first class plane tickets, donate to political causes, and other uses. The US then brought a criminal case, alleging violation of IGRA (as a criminal matter) when these council members (Hunter et al.) spent gaming revenues on political causes and first class tickets.

What?!?!

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U.S. v. Gonzales et al. — Makah Whalers — Up to Date Materials

Matthew L.M. Fletcher1 Comment

The Makah whaling case in federal court is turning into a very interesting discussion of whaling treaty rights and federal criminal procedure.

Here are the current materials in United States v. Gonzales, et al., No. CR 07-5656 JKA (W.D. Wash.):

United States v. Gonzales Indictment

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Makah Tribe Proposed Amicus Brief in Federal Whaling Prosecution

Matthew L.M. Fletcher

The Makah Nation has filed a motion for leave to file an amicus brief in the United States v. Gonzales whaling prosecution. Here are the materials, including Defendant Noel’s opposition to the motion:

Makah Amicus Brief

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Makah Tribal Court Whaling Trial Delayed

Matthew L.M. Fletcher

From Indianz:

Makah Nation delays trial for unauthorized hunt

Monday, January 21, 2008

The Makah Nation of Washington has delayed a trial for five members accused of an illegal whale hunt.

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U.S. v. Gonzales et al. — Makah Whalers — Update

Matthew L.M. Fletcher

We previously published the indictment here. There have been two motions to dismiss the indictment and a motion to suppress evidence. There has been no federal response yet. Here are those materials:

Defendants Motion to Dismiss Count 1

Defendants Motion to Dismiss Count 2

Defendants Motion to Suppress

Makah Tribal Court Whaling Charges Filed

Matthew L.M. Fletcher

From the Peninsula Daily News:

Whalers plead not guilty to tribal charges

 
 

By Jim Casey, Peninsula Daily News

NEAH BAY – The five members of the Makah tribe accused of illegally killing a whale will go to trial in tribal court Jan. 22.

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Federal Indictment in Makah Whalers Case — U.S. v. Gonzales et al.

Matthew L.M. Fletcher2 Comments

Here’s the federal indictment in the Makah whalers case, United States v. Gonzales, et al., No. CR 07-5656 JKA (W.D. Wash.): United States v. Gonzales Indictment