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
Health Coverage for American Indians and Alaska Natives
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:
New battle opens as Dakota Access disputes environmental review (1/17)
Judge declines to block publication of Dakota Access Pipeline notice (1/17)
Standing Rock Sioux Tribe responds quickly to Dakota Access threat (1/17)
President Obama names first members of Native youth commission (1/17)
Tim Giago: Discovering a love for food at an Indian boarding school (1/17)
Lakota Country Times: Historic decision for Indian Child Welfare Act (1/17)
Native Sun News Today: Pine Ridge teams fight it out at the buzzer (1/17)
Delphine Red Shirt: Tournament is a testament to our Native youth (1/17)
Native Sun News Today Editorial: News for ranchers in the new year (1/17)
Gyasi Ross: Let's divest from DAPL and support Native owned banks (1/17)
Jeffrey Ostler/Nick Estes: Treaties and the Dakota Access Pipeline (1/17)
Mary Annette Pember: Bad River Band takes stand on oil pipeline (1/17)
Steve Russell: Resolutions for tribal leaders and even the Donald (1/17)
Craig Tribal Association celebrates 'historic' trust land acquisition (1/16)
Mark Trahant: Congress moves forward with repeal of Obamacare (1/16)
Native Sun News Today: Northern Cheyenne banker beats the odds (1/16)
James Giago Davies: The real power to defeat the Wasicu pipeline (1/16)
Tiffany Midge: Hollywood needs to stop stereotyping Native people (1/16)
Peter d'Errico: New book connects Native America with Palestine (1/16)
Alaska tribe makes history with approval of trust land application (1/13)
Mille Lacs Band divests from bank over Dakota Access financing (1/13)
Navajo Code Talkers participate in presidential inaugural parade (1/13)
Native Sun News Today: Uranium expansion by sacred site halted (1/13)
Clara Caufield: Commemorating the outbreak from Fort Robinson (1/13)
Terese Mailhot: Paying tribute to my brother & my protector Guy (1/13)
Steven Newcomb: It's been 130 years of taking indigenous lands (1/13)
Trump's Energy nominee vows to stay away from Dakota Access (1/12)
Native Sun News Today: Legal fight continues over Dakota Access (1/12)
Ivan Star Comes Out: We must speak Lakota to keep it from dying (1/12)
Bad River Band calls for removal of aging pipeline on reservation (1/12)
Bill requires tribal consent for Yucca Mountain nuclear waste site (1/12)
California county approves limits on marijuana near tribal lands (1/12)
North Dakota tribe threatens to walk away from energy tax deal (1/12)
American Bar Association honors prominent Indian law attorney (1/12)
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.