|
Post by mdenney on Apr 20, 2008 1:18:03 GMT -5
Civil Division U.S. Department of Justice Cobell v. Kempthorne, et al. Case No. 1:96CV01285 (D.D.C.) All links are from here and I will be posting only the post from Oct 11th to the end of this Trial here .. Note that if you wish to read past hearing of this case link is below- www.usdoj.gov/civil/cases/cobell/index.htmDate and Summary April 18, 2008 Defendants' Reply Supporting the Reconnection of DoI's BIA, OHA & OST to the Internet; Allow DoI's OHTA's OLE to Connect to the Internet; and Vacate the Dec. 17, 2001 I-T Security Consent Order --------- Full Title Interior Defendants' Reply Brief in Support of Motion for an Order (1) Authorizing the Reconnection to the Internet of Information Technology Systems of the Bureau of Indian Affairs, The Office of Hearing and Appeals, and the Office of the Special Trustee, (2) Confirming That the Office of Historical Trust Accounting May Connect its Information Technology System To the Internet, and (3) Vacating the December 17, 2001 Consent Order Regarding Information Technology Security PDF www.usdoj.gov/civil/cases/cobell/docs/pdf/04182008_reply.pdf
|
|
|
Post by mdenney on Apr 28, 2008 12:44:20 GMT -5
This is alittle out of Date but I find it good reading kind of fits some points of our case ... ----------------------- Thursday March 27, 2008 Uncooking the Books:The Fed’s Trust Fund Mess: Viewpoint by Elouise Cobell Lead Plaintiff Native Peoples Magazine When we filed our class-action lawsuit over the federal government’s mismanagement of the Indian Trust 12 years ago, I was confident that the case would be resolved fairly and expeditiously. After all, the government had admitted repeatedly that it had made a shambles of the Trust. Boy, was I naive to the ways of Washington. I did not anticipate the ability of political appointees and the usual handful of federal bureaucrats to avoid accountability for this massive wrong to Native Americans. This is not, of course, the first time that Washington has failed Native people. Believing Indians were incapable of managing their own monies, Congress created Individual Indian Money Trust Accounts in 1887. The idea was part of a scheme to break up tribal lands and allot small parcels to individual Indians. Indian agents were supposed to manage the lands for the Indians, leasing their resources to non-Natives who would unlock their rich stores of oil, gas and minerals. What monies the agents could collect for the lands were supposed to be placed in these government-managed trust accounts. Numerous reports to Congress have confirmed that the trust program was a failure from the outset. Agents failed to record many leases. Payments often were not made. Monies disappeared. Records, if they were ever made, largely have been lost. The result: It’s impossible to document how many dollars that should have gone to Indians never made it into or out of the U.S. Treasury. Both the government and our lawyers have said that approximately $13 billion flowed through the Trust. We say billions of dollars from Indian lands managed by the government never reached the people who owned those lands. What our lawsuit seeks is simply an accounting of what happened to our money. That’s a fundamental right the appeals courts have agreed we must be given. A 10-day trial in October on how the accounting should be conducted reinforced my amazement at the Interior Department’s continuing efforts to prolong our case. The gap between the Indian plaintiffs and the government has never been wider. Replacing the government’s earlier admissions of mismanagement are new, absurd claims that the Trust has been well managed. Indians suffered few losses, Interior officials are now saying. No more than a few million dollars was misplaced since the Trust was created, they claim. The government’s self-serving plan for dealing with the accounting is yet another scandal. What they have proposed is far from the accounting that the Congress demanded years ago. It is, frankly, what the government calls a “litigation support accounting,” a project whose principal purpose is to limit the liability of the government to Individual Indian Trust beneficiaries, not to discharge their fiduciary duty to account for all funds. There are an estimated 500,000 current Indian Trust beneficiaries who are covered by our lawsuit. No one knows how many deceased beneficiaries are in the certified class. But not a single beneficiary will receive an accounting of his or her funds, the way the government is planning it. Not a single beneficiary will receive assurances from an independent certified accounting firm that his or her trust balances are fairly stated. Not a single account and all its transactions will be reconciled. No procedures employed by the government in its “reconciliation” will meet Generally Accepted Audit Standards or satisfy the Generally Accepted Accounting Principles. Shockingly, the government plan grotesquely downplays the importance of records. “The absence of supporting documentation does not imply an error,” the plan asserts. That means government workers will be allowed to “reconstruct missing transaction records” as they deem appropriate. If some beneficiaries were paid something on any given date, the government will assume that all others who should have been paid also got paid. That is the government’s so-called accounting. Many of the government’s current conclusions are based on the 6,600 “creatively reconciled” transactions—out of hundreds of millions of posted transactions that they refuse to examine. The government has no idea how many posted credits and collections have been purged from its systems; and it has no idea how much Trust revenue has been collected but was never posted to individual Trust accounts. Their approach is unconscionable and a continuing breach of trust; they’ve cooked the books and aim to keep it that way. As I realized early in our legal fight, nothing comes quickly to Indian Country. What I do know is that we are right and that the government is terribly wrong. Too many of our people are suffering from the disgraceful behavior of our trustee: the United States government. With Congress unwilling to deal with our case, the district court remains our hope. We continue to have confidence in the integrity of the district court and with great hope await its decision. The trail of tears runs straight through the U.S. Courthouse on Third Street and Constitution Avenue in Washington, D.C. It is time for the tears to end. Elouise Cobell (Blackfeet) is a great-granddaughter of Mountain Chief. She is the lead plaintiff in the class-action lawsuit Cobell v. Kempthorne, which has successfully challenged the federal government’s acknowledged mismanagement of the Indian Trust. A resident of Montana, she is the executive director of the Native American Community Development Corporation (P.O. Box 3029, Browning, MT 59417), a nonprofit affiliate of the Native American Bank. She runs a working ranch with her husband and is active in local agricultural and environmental issues.She has won many prominent awards for her work. www.indiantrust.com/index.cfm?FuseAction=Articles.ViewDetail&Article_id=479&Month=3&Year=2008
|
|
|
Post by mdenney on Apr 30, 2008 0:35:59 GMT -5
Cobell trust fund case said on Monday he plans to award money to hundreds of thousands of Indian landowners. The exact amount will be determined later this summer. Judge James Robertson is holding a trial, starting June 9, to arrive at a figure. The Cobell plaintiffs want $58 billion restored to the trust. The Bush administration says no money can be awarded through this proceeding, only through a damages lawsuit indianz.com/News/2008/008434.asp------------ By Chris Casteel Washington Bureau WASHINGTON — A federal judge said Monday he's determined to figure out how much money the federal government owes more than 300,000 American Indians for mismanaging their trust accounts. TodayThis WeekSports TodayMiami businessman dies in turnpike... 1 dead in I-35 wreck; highway open NBA team to use OKC in name Winners claim Powerball prizes Oak Tree Golf Club sold OU signing list Woman shot to death in dispute at... Police look for female shooter in... Plane slams into Will Rogers... 1-year-old found dead inside home Police say missing woman killed herself Oklahoma City actor, radio host dies... In Oklahoma: Henry backs Obama Police discover remains in missing... Miami businessman dies in turnpike... OU guard to transfer Sooners had four players taken in NFL... 1-year-old found dead inside home 1 dead in I-35 wreck; highway open How sex, obsession fueled city murder... NBA team to use OKC in name Oak Tree Golf Club sold OU signing list Cowboys' coaching staff still unfilled Three of Cowboys' first four picks... OSU signing list Former OU player Dotson agrees to... Free-agency signings not guarantees Better to be drafted seventh or be a... Seattle denies pursuing lawsuit to... View More Top Ten Categories... "My stewardship of this case is going to end with something preceded by a dollar sign,” U.S. District Judge James Robertson told attorneys for the Indians and the U.S. government at a hearing in his courtroom. And Robertson said he intends to stick with his plan of holding a trial in June to come up with a dollar figure for an award in the 12-year-old case. But he said he didn't think the $58 billion being sought by the Indians was "possible.” Despite his determination to end the long-running and acrimonious case, Robertson acknowledged that whatever he decides may end up being overturned on appeal. He also expressed some confusion about the details of how any award would be distributed. What is at stake? Attorneys for the Indians said the government had collected about $15 billion for the accounts but only paid about $10 billion to the account holders. Holding on to that money has allowed the government to borrow less money to finance its spending, the Indians say. The government contends that the Indians' estimate is "absurd.” The government also says that the case should now be dismissed since it was originally brought by the Indians to get an accounting and the judge has ruled that an accounting is impossible. newsok.com/money-award-expected-in-trust-case/article/3236204
|
|
|
Post by mdenney on May 4, 2008 1:10:33 GMT -5
Civil Division U.S. Department of Justice Cobell v. Kempthorne, et al. Case No. 1:96CV01285 (D.D.C.) All links are from here and I will be posting only the post from Oct 11th to the end of this Trial here .. Note that if you wish to read past hearing of this case link is below- www.usdoj.gov/civil/cases/cobell/index.htm------------------- May 01, 2008 Government files Thirty-Second Quarterly Report for the Department of the Interior ----- Notice of Filing of Interior Defendants' Thirty-Second Status Report www.usdoj.gov/civil/cases/cobell/docs/pdf/05012008_doiqsr.pdf
|
|
|
Post by mdenney on May 4, 2008 1:16:02 GMT -5
Civil Division U.S. Department of Justice Cobell v. Kempthorne, et al. Case No. 1:96CV01285 (D.D.C.) All links are from here and I will be posting only the post from Oct 11th to the end of this Trial here .. Note that if you wish to read past hearing of this case link is below- www.usdoj.gov/civil/cases/cobell/index.htm--------------- Date and Summary May 02, 2008 Court Issues Pretrial Order Detailing the Parties' Burdens of Proof, Scope of Issues and Witness Schedules for Hearing to begin June 9th. ----------- Full Title Court's Pretrial Order for Hearing Commencing on June 9th www.usdoj.gov/civil/cases/cobell/docs/pdf/05022008_order.pdf
|
|
|
Post by mdenney on May 16, 2008 13:19:16 GMT -5
Civil Division U.S. Department of Justice Cobell v. Kempthorne, et al. Case No. 1:96CV01285 (D.D.C.) All links are from here and I will be posting only the post from Oct 11th to the end of this Trial here .. Note that if you wish to read past hearing of this case link is below- www.usdoj.gov/civil/cases/cobell/index.htm------- Date and Summary May 14, 2008 Court Order Granting Defendants' Request to Vacate the Dec. 17, 2001 I-T Security Consent Order; and to Reconnect DoI's Office of the Solicitor, BIA, OHA & OST to the Internet; and Allow DoI's OHTA's OLE to Connect to the Internet. Full Title Order Granting Defendants' Motion that the Office of the Solicitor Information Technology System May be Reconnected to the Internet; and Defendants' Motion for an Order Authorizing the Reconnection to the Internet of Information Technology Systems of the BIA, OHA & OST; and Confirming that the Office of Historical Trust Accounting May Connect its Information Technology System to the Internet; and Vacating the December 17, 2001 Consent Order Regarding Information Technology Security. PDF www.usdoj.gov/civil/cases/cobell/docs/pdf/05142008_order.pdf
|
|
|
Post by mdenney on May 16, 2008 13:21:05 GMT -5
Civil Division U.S. Department of Justice Cobell v. Kempthorne, et al. Case No. 1:96CV01285 (D.D.C.) All links are from here and I will be posting only the post from Oct 11th to the end of this Trial here .. Note that if you wish to read past hearing of this case link is below- www.usdoj.gov/civil/cases/cobell/index.htm---------- Date and Summary May 15, 2008 Government files April, 2008 status report regarding Interior's Office of Trust Records Full Title Notice of Filing of April 2008 Status Report by the Department of the Interior Office of Trust Records PDF www.usdoj.gov/civil/cases/cobell/docs/pdf/05152008_notice.pdf
|
|
|
Post by mdenney on Jun 1, 2008 13:14:56 GMT -5
Civil Division U.S. Department of Justice Cobell v. Kempthorne, et al. Case No. 1:96CV01285 (D.D.C.) All links are from here and I will be posting only the post from Oct 11th to the end of this Trial here .. Note that if you wish to read past hearing of this case link is below- www.usdoj.gov/civil/cases/cobell/index.htm--------- Date and Summary May 27, 2008 Defendants request the Court exclude Plaintiffs' proposed trial witnesses not relevant to the trial issues scheduled for the July 9, 2008 trial ------ Full Title Defendants' Motion in Limine to Exclude Plaintiffs' Witnesses with Proposed Testimony Outside the Scope of Matters to Be Considered at the June 9, 2008 Trial link below - PDF www.usdoj.gov/civil/cases/cobell/docs/pdf/05272008_motion.pdf
|
|
|
Post by mdenney on Jun 5, 2008 19:38:11 GMT -5
Civil Division U.S. Department of Justice Cobell v. Kempthorne, et al. Case No. 1:96CV01285 (D.D.C.) All links are from here and I will be posting only the post from Oct 11th to the end of this Trial here .. Note that if you wish to read past hearing of this case link is below- www.usdoj.gov/civil/cases/cobell/index.htm--------------- Date and Summary May 30, 2008 Defendants inform the Court and Plaintiffs of it's witnesses and their subjects of testimony for the June 9th Trial. --------- Full Title Defendants' List of Witnesses and Expected Subjects of Testimony link to pdf file below www.usdoj.gov/civil/cases/cobell/docs/pdf/05302008_witnesslist.pdf
|
|
|
Post by mdenney on Jun 5, 2008 19:40:25 GMT -5
Civil Division U.S. Department of Justice Cobell v. Kempthorne, et al. Case No. 1:96CV01285 (D.D.C.) All links are from here and I will be posting only the post from Oct 11th to the end of this Trial here .. Note that if you wish to read past hearing of this case link is below- www.usdoj.gov/civil/cases/cobell/index.htm------------------ Date and Summary June 02, 2008 Transcript of the June 2, 2008 Pretrial Conference ----------- Full Title Transcript of the June 2, 2008 Pretrial Conference Before the Honorable James Robertson United States District Judge. link to pdf file below- www.usdoj.gov/civil/cases/cobell/docs/pdf/06022008_transcript.pdf
|
|
|
Post by mdenney on Jun 12, 2008 10:22:08 GMT -5
Civil Division U.S. Department of Justice Cobell v. Kempthorne, et al. Case No. 1:96CV01285 (D.D.C.) All links are from here and I will be posting only the post from Oct 11th to the end of this Trial here .. Note that if you wish to read past hearing of this case link is below- www.usdoj.gov/civil/cases/cobell/index.htm--------------- Date and Summary June 02, 2008 Government files Thirty-Fourth Quarterly Report for the Department of the Treasury -------- Full Title Department of the Treasury's Thirty-Fourth Quarterly Status Report to the Court PDF :Link below- www.usdoj.gov/civil/cases/cobell/docs/pdf/06012008_t34qr.pdf
|
|
|
Post by mdenney on Jun 12, 2008 10:26:11 GMT -5
Civil Division U.S. Department of Justice Cobell v. Kempthorne, et al. Case No. 1:96CV01285 (D.D.C.) All links are from here and I will be posting only the post from Oct 11th to the end of this Trial here .. Note that if you wish to read past hearing of this case link is below- www.usdoj.gov/civil/cases/cobell/index.htm--------------- Date and Summary June 09, 2008 Transcript of the June 9th AM Session Hearing ------ Full Title Transcript of the June 9th AM Session Hearing before Judge Robertson. PDF link below- www.usdoj.gov/civil/cases/cobell/docs/pdf/06092008_amtranscript.pdf
|
|
|
Post by mdenney on Jun 12, 2008 10:34:30 GMT -5
Civil Division U.S. Department of Justice Cobell v. Kempthorne, et al. Case No. 1:96CV01285 (D.D.C.) All links are from here and I will be posting only the post from Oct 11th to the end of this Trial here .. Note that if you wish to read past hearing of this case link is below- www.usdoj.gov/civil/cases/cobell/index.htm--------------- Date and Summary June 09, 2008 Transcript of the June 9th PM Session Hearing -------- Full Title Transcript of the June 9th PM Session Hearing before Judge Robertson. PDF link below- www.usdoj.gov/civil/cases/cobell/docs/pdf/06092008_pmtranscript.pdf
|
|
|
Post by mdenney on Jun 12, 2008 10:38:32 GMT -5
Civil Division U.S. Department of Justice Cobell v. Kempthorne, et al. Case No. 1:96CV01285 (D.D.C.) All links are from here and I will be posting only the post from Oct 11th to the end of this Trial here .. Note that if you wish to read past hearing of this case link is below- www.usdoj.gov/civil/cases/cobell/index.htm------------- Date and Summary June 10, 2008 Transcript of the June 10th AM Session Hearing ------------ Full Title Transcript of the June 10th AM Session Hearing before Judge Robertson. PDF link below- www.usdoj.gov/civil/cases/cobell/docs/pdf/06102008_amtranscript.pdf
|
|
|
Post by mdenney on Jun 12, 2008 10:42:47 GMT -5
Cobell plaintiffs rest case in trust fund trial Thursday, June 12, 2008 Filed Under: Cobell After three days of testimony, the plaintiffs in the Indian trust fund lawsuit rested their primary case on Wednesday. The final witness was Don Pallais, an accountant. He testified about the reliability of the federal government's data on the Individual Indian Money (IIM) trust. "You cannot depend on the disbursement numbers to represent valid disbursements to individual Indians," Pallais told the court. "The system is not good enough, not dependable enough." After Pallais was off the stand, the Department of Justice called its first witness. Michelle Herman, a consultant who has been hired by the Interior Department to work on the trust, began testimony about the money that comes in and out of the trust system. The government is relying on Herman's work from FTI Consulting to revise some key figures in the case. Judge James Robertson has said somewhere between $3 billion to $3.5 billion remains in dispute, according to data presented at a trial last year. Herman testified that she was hired to "provide a better estimate" of these key figures. She said the prior data included funds that never belonged to individual Indians and that, in some cases, the funds were "double counted." As Herman began to delve into the new numbers, Robertson went into recess for the day. Testimony resumes this morning at 9:30am. Friday is a day off for the trial. indianz.com/News/2008/009250.asp
|
|