Register Now for First MSU ILPC/TICA Conference — “Aandaakonige: From the Trilogy to TICA” — November 5-6, 2015

Registration here. Tentative agenda and details here (updated 10/8) (PDF):

[This post will remain on top until the conference dates. Regular posts are below.]

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Posted in Author: Matthew L.M. Fletcher | Tagged , | Leave a comment

NIGC Accepting Applications for Auditor

National Indian Gaming Commission

Job Title: Auditor
Job Announcement Number:  NIGC-8000-16-KH-001(EX)
Salary Range: $62,686.00 to $81,493.00 / Per Year
Open Period:  Thursday, October 8, 2015 to Thursday, October 22, 2015


  • Performs audits of class II and class III gaming operation to ensure compliance with the Indian Gaming Regulatory Act of 1988 (IGRA), the regulation of the NIGC, and the provisions of the tribal gaming ordinance/resolution.
  • Serves as the NIGC’s representative with tribal government with respect to gaming matters
  • Provides training and technical assistance to tribal governments, tribal regulatory authorities, gaming operation personnel and contract managers to ensure compliance with the IGRA and NIGC regulations.
  • Conducts audits to investigate known or alleged violations of the IGRA and NIGC regulations, prepares reports and testifies in administrative hearings or other proceedings as designated by the Commission to hear such matters.
  • Coordinates with responsible management officials; and evaluates the validity of tentative findings and recommendations that have been identified.

How to Apply

Your complete application, including required documents, must be received by 11:59 p.m. Eastern Time (ET) on the closing date of this announcement. To apply on-line, you must complete and submit an application by accessing the USAJOBS website at To begin, click the Apply Online button near the bottom of this screen and follow the prompts to register into your USAJOBS account, answer the questions, and submit all required documents. To return to your saved application, log in to your USAJOBS account at and click on “Application Status.” Click on the position title, and then select Apply Online to continue.  For details, go to this link:

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Allie Maldonado — 2015 Unsung Hero Award — Michigan State Bar


Posted in Author: Matthew L.M. Fletcher, Michigan Indian | Tagged | Leave a comment

Michigan State Bar Indian Law Section Meeting

John Petoskey received the Tecumseh Award

Section officers Judge Tanya Wanageshik, Liz Cook, and Scott Ryder

Meeting audience members included a significant Michigan State contingent


Posted in Author: Matthew L.M. Fletcher, Michigan Indian | Tagged , | Leave a comment

Pueblo of Pojoaque v. New Mexico Preliminary Injunction Order (Gaming Dispute)

Previous filings posted here.

31 Memorandum Opinion and Order

32 Preliminary Injunction

Posted in Author: Sarah Donnelly, economic development, gaming, IGRA, Indian gaming, Research | Tagged , , , | Leave a comment

Seneca-Cayuga, Seneca, and Ho-Chunk Tribal Members and Enterprise Employees Plead Guilty to Violations of Federal Cigarette Trafficking Law

Here are selected materials in United States v. Sheffler (W.D. Mo.):

Jones Plea Agreement

Barber Plea Agreement

Frenchman Plea Agreement

Sheffler Motion to Dismiss

Sheffler Plea Agreement

Magistrate Report re Parry Motion to Dismiss

Parry Objection to R&R

DCT Order Adopting R&R

Parry Plea Agreement

Parry Sentence

Posted in Author: Matthew L.M. Fletcher, Criminal, Research | Tagged , , , , , , , , | Leave a comment

Civil Mortgage Fraud Suit against (Former?) Tribal Business Partners

Here is the complaint in United States v. Rainy Day Holdings LLC (E.D. N.Y.):


An excerpt:

129. HAUVER previously worked on funneling down payment assistance to borrowers through the Lower Brule Sioux Tribe. In June 2009. HAUVER began reaching out to Indian tribes, and also e-mailed an American Indian financial consultant for assistance in selling up a deal with an Indian tribe. After failing to strike deals With Indian tribes in Mississippi and the Dakotas. DMS and its principals, including LUDLOW, HAUVEK and NAILLON, began a business relationship with the Ely Shoshone tribe of Ely, Nevada.
130. DMS’ mission statement stated that “(financial assistance is provided through the Ely Shoshone Tribe’s Housing Authority.”
131. DMS was RDF’s successor both in activities and employees. LUDLOW wrote a mortgage lender client that while he still did work on behalf of RDF, despite the fact that “when I began working with the tribe, our attorney told me to separate myself from Rainy Day,” LUDLOW farther wrote that NAILLON, who also worked at the ostensibly separate DMS, “works for Rainy Day as well.”
132. Oilier RAINY DAY employees also took positions at DMS. as well as at the Ely Shoshone Housing Authority, which they renamed the “Ely Shoshone Finance Authority.” RDF employees began using new e-mail addresses at DMS, In addition, some RDF employees, such as HAUVER, also began using Ely Shoshone Finance Authority e-mail addresses.
133. The Ely Shoshone Finance Authority also began to use an office address used previously or concurrently by RDF, DMS and “Positive Alternatives.” yet another company owned by LUDLOW.
134. SCHWEDLAND, his company Dynaconnex, and his employees further assisted in the transformation of RAINY DAY into DMS. From mid-2009 forward. SCHWEDLAND assisted in presenting DMS to correspondent mortgage lenders. Beginning in the early summer of 2009, SCHWEDLAND began a concerted effort to market DMS’s services to new Direct Endorsement lenders. In June 2009, SCHWEDLAND helped brainstorm names for the “new” services to be provided by DMS – in reality, the same services that had been provided by RDF. On June 12, 2009. SCHWEDLAND circulated three versions of an “Ely Shoshone Tribe Seal” (subsequently used on DMS marketing materials) to CLUTE, LUDLOW, DEL SONTRO, HAUVER and others. Later that summer, SCHWEDLAND worked on the Ely Shoshone Housing Authority’s public website.
135. LUDLOW. NAILLON, HAUVER, DMS and RDF continued funneling money from Eastern District or New York-based mortgage lenders Lend America. FRANKLIN FIRST. Mortgage Source and Somerset to the current Secondary Purchasers by the Ely Shoshone Finance Authority.
136. The RAINY DAY DEFENDANTS continued their fraud by contracting through DMS to “administer” a “grants” program for the Ely Shoshone Housing Finance Authority.
137. In a description of the RDF/DMS enterprise, CLUTE wrote that the Financial Payment Assistance” provided by DMS consisted of “[t]ransferring money from Lender to Buyer (by Indian Finance Authority).”
138. Direct Endorsement lenders, including FRANKLIN’ FIRST. Lend America, Somerset. Mortgage Source and Intercontinental Capital Group wire transferred funds to a DMS bank account, DMS then transferred the funds to an Ely Shoshone Mousing or Finance Authority account at the same hank. Ely Shoshone Finance Authority employees then called servicing mortgage holders, and used the funds to pay mortgages by “check by phone” transactions, as directed by LUDLOW and others at DMS. The Ely Shoshone tribe received a per transaction fee for each such phone call.
139. None of the defaulting mortgages concealed by DMS were for mortgages owed by members of the Ely Shoshone tribe.Moreover, none of these mortgages were on property situated on any Indian tribe’s land, the real estate was located on decidedly non-tribal lands, such as Brooklyn. New York.
140. By late June 2009, SCHWEDLAND and LUDLOW were tracking the loans on which the Ely Shoshone Housing Authority tunneled the Direct Endorsement lenders’ money. By late July 2009, SCHWEDLAND was assisting LUDLOW and where in getting information TO potential DMS clients on how the scheme worked. At the same time. HAUVER was selling up the electronic database to track information on the loans for which DMS and the Ely Shoshone tribe were founding the Direct Endorsemeni lenders” payments.
141. In August 2009, LUDLOW e-mailed a mortgage lender about “a service we began shortly after Rainy Day Foundation severed its relationship” with several of RDF’s clients. LUDLOW wrote that DMS was “spun off” from the services that RDF had used 10 reduce default ratios and eliminate Early and First Payment Defaults.”’
142. In mid-to-late August 2009. NAILLON e-mailed a number of Direct Endorsement lenders to describe DMS’ services. For example, on August 12, 2009, NAILLON, in an-email sent to multiple potential clients, wrote that DMS “‘was created to assist lenders in eliminating first and early payment default penalties” providing financial assistance to borrowers that will miss their payments. “[I]f they will cause an EPD penalty or FPD (first payment default) penalty, DMS will arrange for them to receive financial assistance. Financial assistance is provided through the Ely Shoshone Tribe’s Housing Authority. The reason it is provided by a housing authority is because as a governmental entity, the assistance they provide is a non-tax event for the borrower.” NAILLON added that the “goal of the program is to be a ‘quick fix” to a high default ratio which will enable a company to maintain its ability to originate in all its branches…”
143. NAILLON’s e-mail neatly lays out the two sets of frauds RDF/DMS and their clients perpetrated; the first against HUD, which had its ability to track mortgage defaults destroyed by RDF and DMS’s illicit suppression of comparative default ratios, and the second against the Secondary Purchasers, who had Early Payment Defaults and “First Payment Defaults” (defaults on the first mortgage payment due after the mortgage was sold to a Secondary Purchaser) concealed from them.
Posted in Author: Matthew L.M. Fletcher, Research | Tagged , , | Leave a comment

Colorado Governor Commissions Study On Indian Mascots in Public Schools

Executive Order here.

Press release here.

Link to media coverage here.

Posted in Announcements, Author: Sarah Donnelly, Campaigns, cultural resources, Legislation, Regulations, Research | Tagged , | Leave a comment

Tonto National Forest To Fill Tribal Liaison Positions

Job descriptions and application instructions here.

The Forest Service will employee a temporary and permanent Tribal Liaison at its Supervisor’s Office in Phoenix.  Submit by October 13, 2015.

Posted in Announcements, Author: Sarah Donnelly, jobs | Tagged , | Leave a comment

Ho-Chunk Nation Judiciary Seeking Staff Attorney

Ho-Chunk Nation
Staff Attorney-Law Clerk
Judiciary Branch
Black River Falls, WI 54615
Summary: Assist Tribal Court Judges and Supreme Court Justices with legal research and the drafting of opinions in a timely manner while facilitating public access to the Court through the provision of procedural legal information.
Qualifications: Graduation from an accredited law school and in good standing of a State Bar. Strong research and writing skills. Strong word processing and computer research skills. Demonstrated interest in and familiarity with Tribal and Federal Indian Law. Fluency in Ho-Chunk Language desired but not required. Preference to members of the Ho-Chunk Nation, then other Native Americans. Must be able to pass a comprehensive background check.  No felony convictions, no current open criminal cases or civil matters that would reflect negatively on the Judiciary Branch. Valid driver’s license, dependable transportation and proper insurance, is required. This is an appointed position.
Working Conditions: Office setting, courtroom. Occasional travel may be required.
We offer 401(K), Competitive Health, Dental, Vision, and Life benefits.
Please submit to:
Ho-Chunk Nation
Department of Personnel
P.O. Box 667 Black River Falls, WI  54615
(800) 232-0086 FAX: (715) 284-9465
Application Deadline:
October 16, 2015 at 4:00pm
Posted in Author: Matthew L.M. Fletcher, jobs, tribal courts | Tagged , | Leave a comment

Cheyenne River Sioux Tribe Sues Interior over Bureau of Indian Education Reorganization

Here is the complaint in Cheyenne River Sioux Tribe v. Jewell (D. S.D.):

1 Complaint

An excerpt:

Plaintiff, an Indian Tribe operating under grants from or contracts with the United States Bureau of Indian Affairs under the Indian Self-Determination and Education Assistance Act (Public Laws 93-638 and 100-297, as amended), and upon whose reservation the Defendant directly operates a BIE-run school, seeks a permanent injunction pursuant to Fed.R.Civ.P. Rule 65, a Writ of Mandamus pursuant to 28 U.S.C. §§ 1361 and 1362, and Declaratory Relief pursuant to 28 U.S.C. § 2201 et seq., and an Order to enforce compliance with the terms of the Settlement Agreement and Stipulated Final Judgment entered by this Court in Yankton Sioux Tribe, et al. v. Kempthorne, et al, #4:06-cv-04091-KES (DSD) to enjoin Defendants from proceeding with their announced plan to restructure the Department of Interior’s Bureau of Indian Education (hereinafter “BIE”), and its subsidiary offices and staff in a manner that will reduce and/or eliminate its legal obligations to Indian Tribes, Tribal Schools, and ultimately to the individual Tribal member students of those schools, including the Plaintiff, under the United States Constitution, treaties with the various Indian tribes, federal statutes, regulations, or policies, in a manner that is arbitrary, capricious, an abuse of discretion given to the Executive Branch to carry out the United States Congress’ legislative mandates, and/or violation of federal law or regulation.

Posted in Author: Matthew L.M. Fletcher, Education, Research | Tagged , , | 1 Comment