Florida SCT Referee Recommends Disbarment/10 Year Suspension of Former Miccosukee Attorneys

Here are the materials in the case captioned The Florida Bar v. Roman:

2016-1330_petition_64801

2016-1330_response_46990

2016-1330_response_50119_response [to notice of bankruptcy]

201803281753 – report of referee (roman)

And in The Florida Bar v. Herrera:

2016-1323_petition_64792

2016-1323_response_47012

201803281750 – report of referee (herrera)

District Court Holds Miccosukee Member Liable for $278K in Taxes

Download materials in the matter of U.S. v. Jim et al, 14-cv-22441 (D. Fla. 8/24/16):

Doc. 185 – United States’ Proposed Findings of Fact and Conclusions of Law

Doc. 186 – Defendant Sally Jim and Intervenor-Defendant Miccosukee Tribe of Indians’ Proposed Findings of Fact and Conclusions of Law

Doc. 188 – Order Setting Forth Court’s Findings of Fact and Conclusions of Law

Link to previous posts about government’s tax dispute with Miccosukee Tribe here.

Eleventh Circuit Rejects Miccosukee Members’ Federal Tax Challenge

Here is the opinion in Cypress v. United States:

CA11 Unpublished Opinion

An excerpt:

This appeal arises out of a dispute between sixteen members of the Miccosukee Tribe of Florida (the “Tribe members”) and the United States, the U.S. Department of the Interior, the U.S. Department of the Treasury, and the Secretaries of the Treasury and of the Interior (collectively, “the Government”). The Tribe members seek declaratory relief to avoid paying federal income taxes on distributions, including gaming proceeds, paid out of the Tribe’s trust account. The district court dismissed the complaint for lack of subject matter jurisdiction, finding that the United States had not waived sovereign immunity for suits brought by individual Tribe members. The Tribe members now appeal the dismissal.

We agree with the district court that the Government did not waive sovereign immunity. Accordingly, we affirm the district court’s dismissal of this matter.

Briefs here.

Eleventh Circuit Briefs in Miccosukee Members’ Claims to Federal Tax Immunity

Here are the materials in Cypress v. United States:

Cypress Opening Brief

US Answer Brief

Lower court materials here:

1 Complaint

11 US Motion to Dismss

19 Opposition

22 US Reply

28 DCT Order

Florida Appeals Court Strips Miccosukee Tribal Court of Jurisdiction in UCCJEA Matter

Here is the opinion in Billie v. Stier:

Fla Ct App Opinion

An excerpt:

This Petition for a Writ of Prohibition evolves out of a custody dispute between the mother, who is a member of the Miccosukee Tribe of Indians, and the father, who is not a member  of the tribe of Native American heritage. The issue is whether the Miccosukee Tribal Court or the Circuit Court of the Eleventh Judicial Circuit has the jurisdiction to decide the custody dispute. The mother petitions for a writ prohibiting the Circuit Court from exercising jurisdiction over the custody matter. Based on the facts of this case and the Uniform Child Custody, Jurisdiction, and Enforcement Act (“UCCJEA”), we conclude that the Circuit Court was correct in determining that it, and not the Tribal Court, has  jurisdiction to decide the custody issues and we therefore deny the petition.