indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439
Kill The Tobacco Master Settlement Agreement
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Cobell historical accounting trial wraps up
Friday, October 26, 2007
Filed Under: Cobell

After just 10 full days of testimony, the trial into the Indian trust fund historical accounting concluded in Washington, D.C., on Thursday.

Judge James Robertson, who was assigned the case last December, called the trial in April. At the time, he said it would "continue as long as necessary," indicating a potentially long haul that could rival prior proceedings in the 11-year-old case.

Those expectations quickly faded as Robertson, throughout the trial, urged the government and the Cobell plaintiffs to keep their presentations short and to the point. It also helped that the judge decided not to visit the Interior Department's Indian records repository in Kansas as he earlier envisioned.

The speedy pace appeared to surprise both parties. Earlier this week, the Cobell team -- after presenting their first witness on Monday -- predicted the trial would end by Thursday or Friday.

The government and the plaintiffs now have until November 30 to present their final arguments. But just what Robertson will do next is anybody's guess.

"He's so hard to read," a visitor to the courtroom said earlier this week.

The Bush administration wants Robertson to keep his hands off the case so that the Interior Department can finish its historical accounting. The latest plan, issued in May, calls for the project to be finished by the end of 2011.

Jim Cason, the associate deputy secretary at Interior who was the government's primary witness, testified that the "2007 plan is a continuation of the work that we have already accomplished, and the 2007 plan is a road map of the activities that we plan to undertake to finish this job."

The Cobell plaintiffs want Robertson to keep a close eye on Interior. They say it's impossible for the historical accounting to be complete due to missing records, inaccurate data and destroyed documents.

"What that means is that the accounting balances cannot be confirmed," Paul Homan, a banker who was the very first Special Trustee for American Indians, testified.

According to his earlier court order, Robertson plans to determine whether the accounting plan satisfies fiduciary trust standards and whether the accounting was "unreasonably" delayed. He has been concerned about the limits and exclusions the Bush administration has placed on the project.

"This trial is about the adequacy of the accounting," Robertson reiterated this week.

Robertson also wants to determine whether the government has cured the breaches of trust that were first identified by Judge Royce Lamberth back in December 1999. The D.C. Circuit Court of Appeals upheld that ruling in February 2001.

But Robertson has said he is guided by some overarching principles that were more recently articulated by the D.C. Circuit. One ruling blocks his court from dictating the details of the government's plans and another requires him to be mindful of the funding limits imposed by Congress.

Trial Transcripts:
Day 1 AM | Day 1 PM | Day 2 AM | Day 2 PM | Day 3 AM | Day 3 PM | Day 4 AM | Day 4 PM | Day 5 AM | Day 5 PM | Day 6 AM | Day 6 PM | Day 7 AM | Day 7 PM | Day 8 AM | Day 8 PM | Day 9 AM | Day 9 PM

Trial Order:
Cobell v. Kempthorne (April 20,2007)

Relevant Links:
Indian Trust: Cobell v. Kempthorne - http://www.indiantrust.com
Cobell v. Norton, Department of Justice - http://www.usdoj.gov/civil/cases/cobell/index.htm

Related Stories:
BIA faulted for trust management in Palm Springs (10/24)
DOJ objected to testimony from Interior attorney (10/24)
Interior attorney set to testify in Cobell case (10/22)
Interior says Cobell suit not worth billions (10/15)
Cason wraps up testimony in trust case (10/12)
Cobell accounting trial opens in DC (10/11)
Cobell historical accounting trial starts in DC (10/10)
CFO Magazine: The Indian trust fund accounting (10/5)
Cobell historical accounting trial starts October 10 (10/1)
BIA agency lacks accounting for millions in trust (09/25)
Audit finds Indian trust management problems (9/24)
Cobell: Upcoming trial tackles important issues (09/19)
Interior attorney to testify at upcoming Cobell trial (9/18)
DOI won't release trust data in Cobell case (9/11)
Interior attorney accused of disclosing trust data (08/29)
Judge opens electronic data to Cobell plaintiffs (07/10)
Another Cobell historical accounting hearing (7/9)
Judge expresses views on Indian trust fund accounting (06/19)
Hearing on Cobell historical accounting trial (6/18)
Cobell prepares for court battle on accounting (5/30)
Cobell prepares for historical accounting trial (5/18)
Judge prods DOI on Indian trust fund accounting (5/15)
First status conference for Cobell accounting trial (5/14)
Cobell status conference pushed back to May 14 (05/02)
Attorney calls $7B Cobell offer pennies on dollar (4/24)
Cobell heads to landmark accounting trial (4/23)
Judge orders Cobell accounting trial for October 10 (4/20)
Jodi Rave: Cobell calls for accountability (4/12)
BIA office in Palm Springs criticized by landowners (4/11)
BIA office in Palm Springs under investigation (4/10)

Copyright © Indianz.Com
More headlines...
Stay Connected:

Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Designation sought for Cheyenne warrior site (3/30)
Lakota Country Times: Efforts to rename sacred peak ramp up (3/30)
Mark Charles: Nation was built on the dehumanization of others (3/30)
Navajo Nation considers agreement for land-buy back program (3/30)
US Attorneys named to lead DOJ Native American subcommittee (3/30)
Kevin Abourezk: Students retrace journey of Chief Standing Bear (3/30)
Patricia Paul: Overcoming hardships and becoming a tribal judge (3/30)
Julianne Jennings: Taking care of our eyesight in Indian Country (3/30)
Police looking for clues after murders of Indian man and woman (3/30)
Chairman Michael Jandreau of Lower Brule Sioux Tribe in hospital (3/30)
Hundreds pay respects to Navajo Nation officer killed on the job (3/30)
Police officer who kicked Native man reinstated in Saskatchewan (3/30)
Native boy with rare disease granted wish to join favorite team (3/30)
Jury rules against Cheyenne River Sioux man in 'KKK' scar case (3/30)
BIA official expected to be released from hospital after stabbing (3/30)
BIA delays ruling on Pamunkey Tribe federal recognition petition (3/30)
Alex White Plume aims to grow hemp on Pine Ridge Reservation (3/30)
Blackfeet Nation opposes energy development on sacred lands (3/30)
Opinion: Don't include Indian Country in BLM fracking regulation (3/30)
Fort Peck Tribes might scale back plans for first gaming facility (3/30)
BIA rejects Menominee Nation off-reservation gaming compact (3/30)
Pokagon Band faces hurdles for a gaming compact with Indiana (3/30)
Nisqually Tribe to open second phase of $45M casino expansion (3/30)
Opinion: Expansion of gaming options not a good idea for Texas (3/30)
Native Sun News: Businesses show support for LNI tournament (3/27)
Lakota Country Times: Oglala Sioux fighter climbing in the ranks (3/27)
Mark Trahant: Alaska Natives look 10,000 years into the future (3/27)
Ivan Star: The influences of boarding school and Vietnam War (3/27)
Gyasi Ross: Funerals become family reunions in Indian Country (3/27)
Tim Giago hands over the reins as publisher of Native Sun News (3/27)
House committee passes Native American Children's Safety Act (3/27)
Bill to benefit Miami Nation moves forward in House and Senate (3/27)
City extended contract to send treated sewage to sacred peaks (3/27)
Oneida Nation welcomes ruling backing land-into-trust request (3/27)
Lawmakers want BIA to delay new federal recognition reforms (3/27)
Another conviction from Chippewa Cree Tribe corruption probe (3/27)
Editorial: Shakopee Tribe contributes $5M for health initiative (3/27)
Opinion: Navajo Nation enacts 'sin tax' on unhealthy products (3/27)
Editorial: Opposition to Pamunkey Tribe recognition 'revolting' (3/27)
Dennis Jenkins: Hypocrisy for new tribal casinos in Connecticut (3/27)
Supreme Court asked to hear Kialegee Tribal Town gaming case (3/27)
Ho-Chunk Nation extends agreement for off-reservation casino (3/27)
Indiana lawmakers seek role in Pokagon Band gaming compact (3/27)
Native Sun News: Oglala Sioux leader not pleased with boycott (3/26)
Lakota Country Times: Lakota Nation Invitational stays in Rapid (3/26)
Native Sun News: Mayor of Rapid City addresses race relations (3/26)
Jane Daugherty: Tribal e-commerce continues to draw scrutiny (3/26)
Witness list for Senate Indian Affairs Committee's field hearing (3/26)
Richard Iron Cloud: Remove murderer's name from sacred peak (3/26)
Native Youth: Bring dental therapy providers to Indian Country (3/26)
Steven Newcomb: Tribal nations still under dominating process (3/26)
Law firm hosts tribes for session on marijuana in Indian Country (3/26)
Judge upholds BIA decision on Oneida Nation land-into-trust bid (3/26)
Appeals court rules against Crow Tribe in housing grant dispute (3/26)
Ho-Chunk Nation raises minimum wage to $2.75 above federal (3/26)
Mishewal Wappo Tribe to appeal decision in recognition lawsuit (3/26)
Racist emails of former Montana federal judge to be preserved (3/26)
Shingle Springs Band considered but rejected indoor gun range (3/26)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.