Fourth Circuit Briefs in Williams v. Big Picture Loans

Here:

appellant brief

williams appellee brief

center for responsible lending amicus brief

conference of tribal lending commissioners amicus brief

States Brief

ncai amicus brief

Redacted Reply Brief

Lower court materials here.

Materials in Williams v. Big Picture Loans LLC [Lac Vieux Desert Ojibwe Enterprise]

Here are the materials in Williams v. Big Picture Loans LLC (E.D. Va.):

23 big picture mtd jurisdiction

27 big picture mtd exhaustion

29 tribal officials mtd

83 opposition to 23

86 opposition to 27

87 opposition to 29

99 reply in support of 23

100 reply in support of 27

101 reply in support of 29

146 dct order

Update (4/17/19) — Here are materials in a related matter, Weddle v. Williams (D. Colo.):

1 Motion to Quash Subpoena

11 Motion to Transfer Motion

12 Response to Motion to Quash

17 Reply in Support of Motion to Quash

18 Response to Motion to Transfer

19 Third Party Motion to Intervene

20 Notice of Third Party Joinder

22 Reply in Support of Motion to Transfer

24 Response to Motion to Intervene

26 Third Party Reply

27 DCT Order Granting Motion to Transfer

Update (5/6/19) — Here are updated materials in Big Picture:

341-motion-to-compel.pdf

368-opposition.pdf

395-reply.pdf

478-dct-order.pdf

Federal Court Denies Immunity to Lac Vieux Desert Band’s Sovereign Lending Solutions Employee

Here are the materials in the matter of Pennachietti v. Mansfield, 17-cv-02582 (E. Penn. Dec. 11, 2017):

Link to deja vu suit.

Third Circuit Affirms Dismissal of Suit by Borrower’s Suit against Assignee of Tribal Sovereign Lender

Here are the materials in Goldenstein v. Repossessors Inc.:

CA3 Opinion

Appellant Brief

Appellee Brief

Reply

Lower court materials here.

Lac Vieux Desert Band Buys Bellicose Capital, LLC

Link to news coverage here.

In a major deal that will bring millions of dollars in economic development to the Lac Vieux Desert Band of Lake Superior Chippewa Indians (LVD) and its geographically isolated reservation in Watersmeet, MI, LVD has today announced that it has completed the purchase of Bellicose Capital. Bellicose has been a valued service provider to the Tribe’s lending business and talks to acquire Bellicose have been underway for several years.

1842 Ojibwe Treaty Meeting at Lac Vieux Desert

Participants: Lac Vieux Desert, Lac du Flambeau, Mole Lake, St. Croix, Red Cliff, Fond du Lac, Keweenaw Bay, Bad River, Lac Courte Oreilles

Here:

1842 Ojibwe Treaty Meeting 2 1842 Ojibwe Treaty Meeting 3 1842 Ojibwe Treaty Meeting 4 1842 Ojibwe Treaty Meeting 5 1842 Ojibwe Treaty Meeting

Fair Debt Collection Practices Act Suit against Repo Company Working for Tribal Payday Lender Dismissed in Federal Court

Here are the materials in Goldenstein v. Repossessors Inc. (E.D. Pa.):

35-9 Repossessors Motion for Summary J

41-1 Goldenstein Response

45 Repossessors Reply

53 DCT Order Granting Motion for Summary J

Suit against Lac Vieux Desert Band over Tribal Payday Lending

Here is the complaint in Decker v. RS Financial Services LLC (W.D. Okla.):

1 Complaint

An excerpt:

1. This is a lawsuit to recover damages arising from the Defendants’ unconscionable loan/pawn finance charges, which are far in excess of any state’s usury limits.

2. Upon information and belief, RS Financial Services, LLC (“RS Financial”) and Sovereign Lending Solutions, LLC (“Sovereign”) are related entities owned and controlled by Defendant William McKibbin (“McKibbin”), and are in the business of making loans at usurious interest rates.
3. Sovereign claims to be an arm of and affiliated with Defendant Lac Vieux Desert Band of Lake Superior Chippewa Indians (“Lac Vieux Tribe”), and to be afforded governmental sovereign immunity.

4. Upon information and belief, the Lac Vieux Tribe receives a fee for allowing Sovereign to claim this affiliation. However, even if the affiliation between Sovereign and the Lac Vieux Tribe was otherwise valid, the conduct alleged in this Complaint is not protected by governmental sovereign immunity.

Press Release on Federal Complaint against New York DFS over Tribal Payday Lending

Here.

WASHINGTON (August 21, 2013) — After recent actions by New York Department of Financial Services (DFS) Administrator Benjamin Lawsky to unlawfully intimidate Native American tribes and the legal and licensed businesses they run, a coalition of Tribes has filed a complaint today with the United States District Court Southern District of New York requesting an injunction against Lawsky’s efforts. The tribes filing the lawsuit are members of the Native American Financial Services Association (NAFSA).

“Defendant Lawsky and the State of New York have overstepped their bounds with their illegal attacks on our tribes,” said Barry Brandon, Executive Director of the Native American Financial Services Association (NAFSA). “His actions are a flagrant denial of our rights as sovereign entities, and today, we are fighting back to defend these rights.”

“We have enjoyed these sovereign rights for centuries predating even the United States,” Brandon continued. “They have been established and reinforced by Constitutional law, federal legislation, and a long history of legal rulings. Our actions today will protect the sovereign rights of Native American tribes and their wholly-owned businesses from extraterritorial attempts to impose New York State laws on transactions governed by tribal law.”

“This is a straightforward case that is about the real world importance of Native American sovereign rights,” said David Bernick of Boies, Schiller & Flexner, LLP, who serves as Counsel of Record for the action. “Defendant Lawsky knows that he doesn’t have the authority to regulate and limit tribes’ sovereignty, which is why the Department of Financial Services has instead gone after tribes’ banking relationships. Since Defendant Lawsky has turned a blind eye to hundreds of years of precedent, he has left tribes with only one clear path: go to the courts to protect these very old and highly-respected rights.”

The complaint argues that tribes will suffer irreparable injury absent injunctive relief, as Defendant Lawsky’s intimidation tactics against banks and third-party processors have already led to significant harm to tribes’ business relationships. As a result, critical funding for government operations on tribal lands, such as health care, social services, and education will be severely impacted. Funding from these businesses can make up 25% of tribal operating budgets, at a minimum.

The lawsuit was filed on behalf of the Otoe-Missouria Tribe, a federally-recognized Indian Tribe; Great Plains Lending, LLC, a wholly-owned tribal limited liability company; American Web Loan, Inc., a wholly-owned tribal corporation; Otoe-Missouria Consumer Finance Services Regulatory Commission, a tribal regulatory agency; Lac Vieux Desert Band of Lake Superior Chippewa Indians, a federally-recognized Indian Tribe; Red Rock Tribal Lending, LLC, a wholly-owned tribal limited liability company; and the Lac Vieux Desert Tribal Financial Services Regulatory Authority, a tribal regulatory agency. Benjamin M. Lawsky, in his individual capacity and in his official capacity as Superintendent of the New York State Department of Financial Services, has been named as the Defendant.

David Bernick of Boies, Schiller & Flexner, LLP, is serving as Counsel of Record for the action with Robert Rosette serving as co-counsel and attorney representing the two tribes.

About NAFSA

The Native American Financial Services Association (NAFSA) formed in 2012 to advocate for Native American sovereign rights and enable tribes to offer responsible online lending products. Through the protection of consumer rights and sovereign immunity, NAFSA provides vital services to tribally operated lenders serving the under-banked with better short term financial services, furthering economic development opportunities in Indian Country. Continue reading

Lac Vieux Desert Band of Lake Superior Chippewa Indians — Prosecutor Job Re-posting — March 11, 2013 Deadline

Here:

JOB VACANCY ANNOUNCEMENTProsecutor Repost