Here are the materials in Apache Tribe of Okla. v. Brown et al. (W.D. Okla.), so far:
Apache Tribe v Brown Complaint
Foshee and Yaffe Motion to Dismiss
Apache Tribe Opposition to Brown Motion to Dismiss
RICO
Sault Tribe RICO Suit against Vendors
Here are the materials in Sault Ste. Tribe of Chippewa Indians v. Hamilton (W.D. Mich.):
Sault Tribe Motion to Dismiss Counterclaims
U.S. v. Morrison — Federal Convictions for Contraband Cigarette Sales
The US Attorney for the Eastern District of New York indicted “reservation retailers” for violations of the Contraband Cigarettes Trafficking Act and of RICO. The defendants moved to dismiss the RICO charge. Here is the opinion denying the motion — us-v-morrison-dct-order
Fortunet v. Arizona Gametech Corp. — Class II Pull-Tabs Determination
This case has some discussion of Class II gaming/pull tabs in the context of an alleged Lanham Act violation.
Copyright Infringement and RICO Case against Cheyenne-Arapaho Tribes
The Western District of Oklahoma refused to dismiss a claim against the Cheyenne-Arapaho Tribes. The plaintiff, Southwest Hotel and Casino Corp., sought to voluntarily dismiss the claim without prejudice after C&A received a positive tribal court judgment and moved for summary judgment in the federal court action. Instead, the court will decide the C&A summary judgment motion.
flyingman-v-sw-hotel-and-casino-tribal-court-judgment
US v. Fiander — CA9 Reverses Dismissal of RICO Claims against Yakama Member
The Ninth Circuit held in U.S. v. Fiander that a Yakama tribal member who cannot be convicted of violating the Contraband Cigarette Trafficking Act because of the “right to travel” provision of the Yakama treaty can still be prosecuted for conspiracy under RICO.
[Fiander response brief unavailable]
Tribal Law Cannot Preempt Federal Criminal Laws in Smokeshop Case
The Ninth Circuit held in an unpublished opinion, United States v. Mahoney-Meyer (here), that compliance with tribal law cannot excuse a violation of federal cigarette trafficking laws.
Indian Fraud Violates RICO
From Indianz:
Three men who created a fake tribe at an Arby’s restaurant are guilty of violating federal racketeering laws, a judge ruled last week.
The “Wampanoag Nation, Tribe of Grayhead, Wolf Band” and its founders filed numerous legal claims against officials in Utah. The targets responded with a countersuit under the Racketeer Influenced and Corrupt Organizations Act. Judge Stephen P. Friot agreed that James W. Burbank, Martin T. Campbell, Dale N. Stevens, and Thomas Smith violated the law. He said the men used their fake tribe and other organizations to try and intimidate government officials. The group is not in any way affiliated with the two federally recognized Wampanoag tribes in Massachusetts.
We’ve written about these guys before (here).
Turtle Talk 