Update in Illegal Gambling Indictment at St. Regis Mohawk

Here are some updated materials in United States v. Gray (N.D. N.Y.):

DCT Order Denying Motion to Dismiss

Gray et al. Motion to Dismiss

USA Response re Jock and Square

The post with the indictment is here. The search warrant from last December is here: Search Warrant

Indictment in Illegal Gambling Activity on St. Regis Mohawk Reservation

Here is the indictment in United States v. Gray (N.D. N.Y.):

US v Gray et al Indictment

Press release here.

Pechanga coverage here.

St. Regis Mohawk Press Release and Briefs on Land Claim Litigation

Here.

Both the United States and the Mohawk plaintiffs make these arguments in briefs filed last Friday, November 16.  The United States stating, “In other New York land claims…dismissed by the Second Circuit, it was inarguable that the lands at issue had become heavily populated and developed by non-Indians in the years since New York unlawfully acquired the lands….That is not true here….the Mohawks… never departed the region and have remained a powerful enduring presence both as a government and as a population in the region and within the specific claim areas.”

As for the claim to the islands, the United States and the Mohawks have presented a unique argument that has never been considered in any other land claim because of the particular facts of the case.   “The Department of Justice Attorneys and the Department of Interior met with tribal leadership recently and listened to our concerns.  They responded with the filing of a strong brief that supports the Tribe’s efforts and their own interests, as owners of the underlying title to some of the islands that make up the Power Project.” said Chief Randy Hart.

St. Regis Mohawk Brief

Akwesasne Mohawk Brief

United States Brief

Defendants’ Brief

Previous coverage here.

Federal Magistrate Recommends Denial of Motion to Dismiss St. Regis Mohawk Claims to Hogansburg Triangle

Here are the materials in St. Regis Mohawk Tribe v. State of New York (N.D. N.Y.):

9-28-12 Mohawk land claim ruling

State Defendants’ Motion to Dismiss

Municipal Defendants’ Motion to Dismiss

NY Power Authority Motion to Dismiss

Canadian St. Regis Mohawk Response

St. Regis Mohawk Response

US Response

State Defendants’ Reply

Muni Defendants’ Reply

NY Power Authority Reply

St. Regis Mohawk Supplemental Brief

Canadian St. Regis Mohawk Supplemental Brief

US Supplemental Brief

Joint State and Muni Supplemental Brief

NY Power Authority Supplemental Brief

Federal Court Remands Oneida Indian Nation Trust Acquisitions to Interior for Reconsideration in Light of Carcieri

Here are the massive materials in New York v. Salazar (N.D. N.Y.):

DCT Order

New York Motion for Summary J

Interior Motion for Summary J

Oneida Indian Nation Motion for Summary J

New York Opposition

Interior Opposition

Oneida Indian Nation Opposition

New York Reply

Interior Reply

Oneida Reply

Here are posts on the constitutional challenges to the trust acquisition from way back (here and here). And our sadly prescient commentary from 2008 here.

Oneida Response Brief in Land Claims Attorney Fees Dispute

Here is Bond Schoenck and King’s opening brief.

Here is Oneida’s answer brief.

Lower court materials here.

Federal Court Affirms Limited Fee Award to Bond, Schoeneck & King in Oneida Land Claims Cases Dating Back to 1970s

Here are the materials in the cases captioned Oneida Indian Nation v. Oneida County (N.D. N.Y.):

Magistrate R&R on Fees

BSK Objection

Appendix 1

Appendix 2

Appendix 3

Appendix 4

Appendix 5

Appendix 6

Appendix 7 part 1

Appendix 7 part 2

DCT Order Adopting R&R

Federal Court Grants Injunction in Oneida v. Paterson Tax Dispute

Here is the opinion: DCT Order Granting PI in OIN v Paterson.

An excerpt:

In light of the plain meaning of the section 471(6) that any negotiated, court approved tax agreement between the parties would control, an injunction precluding the state enforcement of the new law while the issues are in mediation and negotiation is clearly advisable. It would be counterproductive to enforce the new law while mediating and negotiating a possible tax agreement that would replace the new law in whole or in part.

Onondaga Land Claims Dismissal Order

As Indianz reported….

Here is the order: DCT Dismissal of Onondaga Land Claims

Update in St. Regis Mohawk Tax Case — TRO Granted

Here are the materials:

Show Cause Order with TRO

St. Regis Motion for TRO

Complaint is here.