Cert Petition by Convicted RICO Defendant in Payday Lending Scheme Invoking Tribal Immunity

Here is the petition in Neff v. United States:

neff-cert-petition.pdf

us-waiver-letter.pdf

Questions presented:

1. Does a misrepresentation about the true identity of the owner of a business during settlement negotiations to resolve a civil lawsuit constitute a scheme to defraud the litigant of money or property in violation of the mail and wire fraud statutes?
2. Is the doctrine of tribal sovereign immunity wholly inapplicable in a circumstance where payday loans are made by a Native American tribe in affiliation with an entity acting as an “arm of the tribe” where such loans are made at interest rates in excess of state regulations, thus rendering the loans ipso facto unlawful debts in violation of the RICO statute?
3. Does the government have to prove willfulness to establish a RICO conspiracy to collect an unlawful debt?
Lower court materials here.

Canadian First Nation’s Payday Lending Partners’ Convictions for RICO Violations in US Affirmed by Third Circuit

Here is the unpublished opinion in United States v. Neff:

Opinion

Briefs:

Hallinan Brief

Neff Brief

US Brief

Neff Reply

Hallinan Reply

Third Circuit Briefs in United States v. Neff [third-party use of tribal immunity defense; “rent-a-tribe”]

Here are the materials in United States v. Neff:

Hallinan Appellant Brief

Neff Appellant Brief

US Answer Brief

Neff Reply

Hallinan Reply

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.

Debate on JURIST re: NAGPRA and the Jim Thorpe Case

Here is Walter Olson’s post “NAGPRA, Indian Burials, and the Unquiet Grave.”

Here is Elizabeth C. Varner, Diane Penneys Edelman and Leila Amineddoleh’s “NAGPRA and Congress’s Foresight.”

H/T Pechanga.

The Third Circuit materials are here (en banc petition pending).

Third Circuit Accepts NCAI and Sen. Nighthorse Campbell Amicus Briefs in Jim Thorpe Appeal

Here:

ORDER (MCKEE, Chief and Circuit Judge) granting motions of the National Congress of the American Indians and Ben Nighthorse Campbell to file in support of the petition for rehearing. The Clerk is directed to file the briefs on the docket as statements in support of rehearing and circulate them to the full Court. No response by Appellant is required unless the court directs, filed. [13-2446, 13-2451] (TMK)

The en banc petition is here. The amicus briefs are here.

Third Circuit En Banc Petition Materials in Thorpe v. Borough of Jim Thorpe (UPDATED)

Here:

Petition for Rehearing (12-8-14)

NCAI Mtn for Leave and Proposed Brief in Support Filed 12-8-14

Senator Ben Nighthorse Campbell amicus brief

Senator Ben Nighthorse Campbell motion for leave to file amicus brief

UPDATE:

Borough Opposition to NCAI Amicus Brief

NCAI Reply in Support of Amicus Motion

Third Circuit panel materials here.

Third Circuit Holds NAGPRA Does Not Require Repatriation of Jim Thorpe’s Remains

Here is the opinion in Thorpe v. Borough of Jim Thorpe:

Jim Thorpe Opinion [Update — the clerk has withdrawn this version of the opinion for quality control.]

An excerpt:

Thorpe’s remains are located at their final resting place and have not been disturbed. We find that applying NAGPRA to Thorpe’s burial in the Borough is such a clearly absurd result and so contrary to Congress’s intent to protect Native American burial sites that the Borough cannot be held to the requirements imposed on a museum under these circumstances. We reverse the District Court and hold that the Borough is not a “museum” under NAGPRA for the purposes of Thorpe’s burial.

Briefs here and here. Oral argument audio here.

Lower court materials here.