Sault Ste. Marie Tribe of Chippewa Indians

Sault Tribe Enlisted Stupak to Pressure Justice and Interior on Greektown Parcel

Matthew L.M. Fletcher

From the Soo Evening News:

The Sault Tribe of Chippewa Indians has gained a powerful ally in its bid to retain Greektown Casino as Congressman Bart Stupak (D-Menominee) has requested the U.S. Bankruptcy Court and the Michigan Gaming Control Board to postpone Chapter 11 reorganization.

In a three-page letter [20100609_GreektownCasino], Stupak urges the U.S. Department of the Interior and the U.S. Department of Justice to investigate if it is legally possible for the Sault Tribe to lose its real estate interest in Greektown Casino. Essentially, Stupak argued, that the 0.76 acre parcel located at 1010 Beaubien Street in the City of Detroit has been placed in federal trust and cannot be conveyed to another party without Congressional authorization.

“I seriously question the propriety and legality of a process in which the property conveyed to the United States in trust on behalf of the Tribe can be conveyed without authority from Congress and without full Tribal consent,” wrote Stupak, indicating it was his opinion that the parcel is owned by the federal government for the benefit and use of the Sault Ste. Marie Tribe of Chippewa Indians.

Stupak went on to write “that any further proceedings related to the reorganization of the Greektown Casino by the Michigan Gaming Control Board or other agencies be postponed” until a determination is made by federal authorities.
Stupak expressed his concerns regarding this matter following a meeting with Director D.J. Hoffman of the Sault Tribe Board of Directors last week.

“On June 4, 2010 myself, Director (Keith) Massaway and Chairman (Darwin “Joe”) McCoy met with Congressman Stupak to discuss Tribal issues, including Greektown,” said Hoffman. “I am extremely grateful that Congressman Stupak recognized the serious nature of this situation and immediately took action to call this issue into question.”
Chairman McCoy expressed similar sentiments.

Continue reading →

Stupak Throws Indian Law Monkey Wrench Into Greektown Bankruptcy

Matthew L.M. Fletcher1 Comment

Potentially, though perhaps not likely, this is a huge issue. Assuming that the Greektown parcel is owned by the Secretary of Interior on behalf of the Sault Tribe, then an Act of Congress may be required. And if one is not forthcoming, there may be some very interesting litigation involving the interaction of federal bankrupcty laws and maybe the Quiet Title Act. If the land is not in trust, then we may still have a Non-Intercourse Act problem, but likely not. Apparently, according to the letter, the land is in trust.

Update: Via Indianz, here is Stupak’s letter.

From the Freep, via Pechanga:

WASHINGTON — U.S. Rep Bart Stupak wants to halt the bankruptcy reorganization of Greektown Casino at least until the federal government determines whether an act of Congress is needed to transfer the land the Detroit gaming hall sits on.

Earlier this year, a federal bankruptcy judge approved a reorganization plan allowing Greektown Casino’s bondholders — including several private equity and hedge funds — to take ownership. The Sault Ste. Marie Tribe of Chippewa Indians, based on Michigan’s Upper Peninsula, has a majority ownership stake in the casino.

The process needs the approval of the Michigan Gaming Control Board, with a court deadline of June 30 approaching.

But Stupak, D-Menominee, has asked U.S. Attorney General Eric Holder and Interior Secretary Ken Salazar to delay any change in ownership while they investigate whether land held by the federal government on behalf of the tribe — about three-fourths of an acre on Beaubien Street in Detroit — can be transferred without an act of Congress.

“The tribe stands to lose its entire investment in the business, including a portion of the real property underlying the casino,” Stupak said in the letter written Wednesday.

According to Stupak, 400 Monroe Associates — controlled by Greektown businessman Ted Gatzaros — deeded the land to the U.S. Department of Interior on behalf of the tribe in 1992.

Tribally owned lands cannot be sold without the consent of the federal government, and the Interior Department is not allowed to approve the sale of such land without direct congressional authorization, Stupak said.

Continue reading →

Sault Tribe Settles with Miller Canfield in Bouschor Case

Matthew L.M. Fletcher1 Comment

From the Soo Evening News via Pechanga (and here, too):

A mediation agreement has netted the Sault Tribe of Chippewa Indians $1 million from the law firm of Miller, Canfield, Paddock and Stone, P.L.C. as the firm opted to settle following a hard-bargained session lasting more than 12 hours Tuesday.

“This was a contested case,” said law firm CEO Michael Hartmann on Wednesday afternoon. “No one admitted liability.”
In extricating itself from the pending lawsuit in exchange for $1 million, Hartmann indicated both sides were satisfied with the resolution.

“Everyone thought it was in the best interest of the firm,” he explained.

“On behalf of the board of directors and myself, I’m confident to say this is the best possible outcome for our tribe and the status of the case,” said Tribal Chairman Darwin “Joe” McCoy in a press release issued shortly before 10 a.m. today. “I’m pleased we were able to hold one party responsible for its role in the litigation and that we are free to continue on with the other defendants, soon we can put this behind us as a tribe and move forward.”

The lengthy mediation saw the Sault Ste. Marie Tribal Board of Directors go in and out of open session throughout the day before the final deal was reached.

John Hatch, one of the few tribal members who monitored the day of mediation, said the board was unanimous in its decision.

“I think it was an excellent deal,” said Hatch. “The board did an excellent job.”

Hatch said not only did the Sault Tribe get some of its money back, but it also preserved the abuse of government civil suit against the former chairman, Bernard Bouschor.

His analysis coincides with this morning’s press release which states: “The settlement allows the Sault Tribe to recover a substantial amount of money without the uncertainty of a trial. It also preserves the tribe’s ability to continue its lawsuit against those most responsible for the unauthorized transfer of tribal funds to key employees”

The Sault Tribe has been looking to recover approximately $2.6 million which was distributed to upper-echelon employees in the wake of Bouschor’s 2004 failed re-election bid. Tribal representatives have contended that the payments were illegal and Bouschor did not have the authority to release those individuals with hefty severance packages.

Continue reading →

Poaching Case to Reach Sault Tribe Tribal Court

Matthew L.M. Fletcher

From the Escanaba Daily Press vie Pechanga:

ESCANABA – Three members of the Sault Ste. Marie Tribe of Chippewa Indians, accused of illegal commercial fishing in Little Bay de Noc in 2009, will appear in tribal court this month, officials said.

Five tribal members and one Delta County man were arrested in early 2009 for allegedly illegally catching and selling walleye from Little Bay de Noc. The tribe has legal jurisdiction over the five tribal members, while Delta County has legal jurisdiction over the non-tribal member.

In March of this year, the tribe announced three of the accused tribal members were cited with approximately 100 civil infractions including illegally setting nets and selling thousands of pounds of walleye for profit.

The fish were allegedly being sold through a tribal commercial fishing operation consisting of two tribal members and a state-licensed wholesaler. Investigation continues regarding these three individuals who have not yet been officially charged.

According to Brenda Browning, a clerk at the tribal court in Sault Ste. Marie, the citations have been issued against the three tribal members accused of illegally poaching and selling walleye. Their pretrial hearings are scheduled in tribal court in mid-May. The court is not releasing their names because the case is in the pretrial phase, Browning explained Friday.

Browning also said these three cases are considered civil matters, which are being handled by Special Prosecutor Monica Lubiarz-Quigley.

When contacted Monday, Lubiarz-Quigley referred the Daily Press to the tribe’s general counselor, Thomas Dorwin. Dorwin did not return a call from the newspaper prior to press time.

The Daily Press also left a message with the tribe’s attorney, Aaron Schlehuber, on Monday.

Continue reading →

ICT Article on Indian Child Welfare Act

Matthew L.M. Fletcher1 Comment

From ICT:

SAULT STE. MARIE, Mich. – The Indian Child Welfare Act is a federal law pertaining to American Indian and Alaska Native children that many tribal members are unaware of. Attorneys, judges, social workers and state court systems work with this act almost daily. The United States Congress enacted ICWA more than 30 years ago to protect the best interests of Indian children, and to promote the cohesiveness of Indian families and tribes. Because it is a federal law, it pre-empts state law in its application, meaning in a state court setting applying the standards of ICWA is mandatory.

For ICWA’s protections to apply, a child must be an enrolled member of an Indian tribe or be eligible for enrollment. The individual tribe to which the child belongs is responsible for determining membership eligibility.

ICWA applies to children who have parents whose rights are being terminated, or who have been taken out of their home and placed into a guardianship, foster care or any permanent or pre-adoptive placement.

State court systems and judges in states with very low Indian populations often misunderstand the law, such as Georgia.

Sault Ste. Marie Tribe of Chippewa Indians’ prosecuting attorney Eric Blubaugh, said, “Everyone gets in a sort of professional comfort zone, and state courts are no exception. A state court, when confronted with a case involving an Indian child, must apply different standards than they would in a case involving a non-Indian child. And the frontline professionals – caseworkers and attorneys – must assess an ICWA case’s merits much differently due to the higher standards of proof.”

Continue reading →

UM Law Quad Profiles on Three Indian Law Alums

Matthew L.M. Fletcher1 Comment

Here: Michigan Law Quad Article on Indian Law Prof Alums

The three are Allie Maldonado, Beth Kronk, and me.

Bankruptcy Court Order Confirming Greektown Reorganization Plan

Matthew L.M. Fletcher

Here: Greektown Order.

United States v. Fred Paquin Indictment

Matthew L.M. Fletcher2 Comments

As reported on Indianz yesterday, former Sault Tribe chief of police and board member Fred Paquin has been indicted in federal court. Here is the indictment:

Fred Paquin Indictment