indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
Fredericks Peebles & Morgan LLP
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Cobell plaintiffs seek $58B for Indian trust beneficiaries
Friday, March 21, 2008
Filed Under: Cobell

In papers filed on Wednesday, the Cobell plaintiffs asked a federal judge to put $58 billion in the Indian trust.

Citing more than a hundred years of mismanagement, attorneys said hundreds of thousands of Indian beneficiaries are owed the money for misuse of their land and assets. The 80-page filing accused the federal government of enriching itself by failing to disburse trust payments to tribal members across the country.

"What rightfully belongs to plaintiffs includes the value of the government's unjust enrichment and all advantages or benefits obtained in connection with its breaches of trust," attorneys wrote.

Based on data provided by the Interior Department and the Osage Nation of Oklahoma, the plaintiffs added up the money they say should have been in the Individual Indian Money (IIM) from 1887 to 2007. The numbers show IIM beneficiaries and Osage "headright" owners are owed $58 billion for the 120-year period.

The figure is more than twice the amount that the Cobell plaintiffs and other Indian organizations said they would accept to resolve the case. In June 2005, the plaintiffs proposed a $27.5 billion settlement for the historical accounting of the IIM trust.

Key members of Congress responded with an $8 billion proposal, which the plaintiffs gave serious consideration. But the Bush administration waited until March 2007 to offer $3.5 billion to resolve the accounting, pay for future damages claims and terminate its liability for the trust.

Despite the diverging views, lead plaintiff Elouise Cobell, a member of the Blackfeet Nation of Montana, said $58 billion was low. Prior calculations by her lawyers put the accounting as high as $176 billion, but that figure included interest, which the plaintiffs are not seeking as part of the litigation.

"We believe that our numbers are very conservative and represent the minimum harm that Indians have suffered under our broken trust system," Cobell said.

The Bush administration has vehemently disputed the idea that money is owed to IIM beneficiaries. Attorneys for Interior Secretary Dirk Kempthorne, who has not taken an active role in Indian trust matters, have said the only resolution to the Cobell case is the historical accounting and nothing more.

But Judge James Robertson, who was assigned to the case in December 2006, has ruled that an accounting is impossible due to budget restraints imposed by Congress and limits placed on the effort by the Interior Department. At a hearing earlier this month, he rejected the government's notion that the Cobell plaintiffs have to go to another court to find justice.

"When you tell me that the law of the case says the only relief is an historical accounting ... that doesn't mean very much if an historical accounting is impossible," Robertson told a Department of Justice attorney. "Then what, is there no relief? Is that the government's position?"

Robertson will hold a trial starting on June 9 to finally put an end to the case. He hopes to issue a ruling by the end of the summer.

The Bush administration has until April 9 to respond to the plaintiffs' filing.

Plaintiffs' Filing:
MEMORANDUM IN SUPPORT OF EQUITABLE RESTITUTION AND DISGORGEMENT (March 19, 2008)

Historical Accounting Decision:
Findings of Fact and Conclusions of Law (January 30, 2008)

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 | Day 10 AM | Day 10 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:
Cobell case set for resolution in court (3/6)
Judge sets June 9 trial to resolve Cobell case (3/5)
Judge to hold Cobell hearing this Wednesday (3/3)
Next hearing in Cobell case set for March 5 (02/21)
Resolution appears near in Cobell trust case (2/19)
Editorial: Settle 'botched' Indian trust fund (02/06)
Editorial: Settle the Indian trust fund lawsuit (2/4)
Kempthorne reiterates $7B Indian trust offer (2/1)
Editorial: A remedy for 'neglect' of Indian trust (2/1)
Cobell: 'Great day in Indian Country' (1/31)
Judge: Cobell historical accounting 'impossible' (1/30)
Cobell statement on historical accounting decision (1/30)
Jim Cason: Historical accounting facts (01/18)
Cobell: Historical accounting far from accurate (12/14)
Bush shifts historical accounting duty again (12/5)
Opinion: U.S. wages war on Indian landowners (12/4)
Cobell historical accounting briefs due in court (11/30)
Jodi Rave: Cobell trial ends after 10 days (10/29)
Cobell historical accounting trial concludes in DC (10/26)
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:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Cheyenne River Sioux Tribe seeks prayers ahead of pipeline hearing (8/23)
Second run scheduled to raise awareness of Gold King Mine disaster (8/23)
U.S. Sentencing Commission continues work of tribal advisory group (8/23)
Chemehuevi Tribe wins decision barring county from citing members (8/23)
Lakota Country Times: Oglala Sioux Tribe joins fight against pipeline (8/23)
Native Sun News: Mario Gonzales moves from ball court to law court (8/23)
Brandon Ecoffey: The Horse Nations prepare for battle over pipeline (8/23)
Steven Newcomb: Standing Rock Sioux Tribe challenges domination (8/23)
Simon Moya-Smith: Hillary Clinton remains silent amid pipeline feud (8/23)
Sheriff mistook sacred pipes for pipe bombs at pipeline protest site (8/23)
Charles Carlyle: Issues to consider when doing business with tribes (8/23)
Choctaw Nation starts work on expansion of casino by Texas border (8/23)
Judge rules against Miccosukee citizen in gaming per capita dispute (8/23)
Seneca Nation stopped paying $17M a year for casino police service (8/23)
First Nations ratify agreement for seventh casino in Saskatchewan (8/23)
Tribes prepare for critical hearing in Dakota Access Pipeline lawsuit (8/22)
Hillary Clinton lands more tribal leader endorsements in New Mexico (8/22)
Donald Trump picks Navajo man for agriculture advisory committee (8/22)
Laguna Pueblo signs deal to acquire commercial casino in Louisiana (8/22)
Mark Trahant: Pipeline fight highlights power of political organizing (8/22)
Lakota Country Times: Tribes unite to stop Dakota Access Pipeline (8/22)
Native Sun News: Black Elk Peak honors sanctity of Black Hills site (8/22)
Vi Waln: Our water system is being threatened by energy pipelines (8/22)
Jeffrey Whalen: Corruption alive and well within Oglala Sioux Tribe (8/22)
Winona LaDuke: Bigger problems ahead for Dakota Access Pipeline (8/22)
Dallas Goldtooth: Tribes shut out of Dakota Access Pipeline process (8/22)
Sen. Martin Heinrich: Return tribal property to their rightful owners (8/22)
Peter d'Errico: 'Friends' continue to embrace negative Indian policy (8/22)
Marc Simmons: Tribes developed own trade and commerce system (8/22)
Native mother reunites with children taken by government in 1960s (8/22)
Chippewa Cree family lays young loved one Reece Morsette to rest (8/22)
GOP candidate blames tribal culture for lack of economic 'success' (8/22)
Indian children over-represented in welfare system in Minnesota (8/22)
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.