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 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:

Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Harvest the Hope concert unites Keystone foes (10/2)
Mark Trahant: A lot stake for Native voters in Montana this year (10/2)
BIA extends comment period for changes to rights-of-way rule (10/2)
Navajo Nation won't delay election despite presidential dispute (10/2)
Column: Joba Chamberlain shares his life story through tattoos (10/2)
Washington city could turn Columbus Day into Coast Salish Day (10/2)
Cherokee Nation chief apologizes for attending live pigeon shoot (10/1)
Elizabeth Cook-Lynn: Telling the indigenous story with public art (10/1)
DOI puts another $1M from lands sales into Cobell scholarships (10/1)
9th Circuit bars use of tribal conviction in domestic assault case (10/1)
2nd Circuit rebuffs tribal online lenders in dispute with New York (10/1)
Crystal Willcuts: A tribute to my mother who was lost to cancer (10/1)
Seneca Nation man launches campaign for mayor of Salamanca (10/1)
BIA ends comment period on reform to federal recognition rule (10/1)
African-American lawmakers accuse Pamunkey Tribe of racism (10/1)
Officials claim Oklahoma owed $30M in Impact Aid for schools (10/1)
FCC will consider petition to outlaw R-word on public airwaves (10/1)
BLM struggles to manage wild horse population as herds grow (10/1)
Opinion: North Fork Rancheria casino brings boost to economy (10/1)
Report places economic impact of US gaming industry at $240B (10/1)
Shinnecock Nation gaming partner cut $250K monthly payment (10/1)
Column: Seminole Tribe poised for continued growth in gaming (10/1)
Native Sun News: Agency weighs uranium mine near sacred site (9/30)
Jim Abourezk: South Dakota tribes can put Rick Weiland in office (9/30)
Cherokee chief participated in live pigeon shoot for Sen. Inhofe (9/30)
Navajo vice president returns home after near fatal spider bite (9/30)
North Dakota tribe sees big problems as energy industry grows (9/30)
Andre Cramblit: Another year brings challenges for our people (9/30)
Jack Duran: State's 'shocking' attack on Big Lagoon Rancheria (9/30)
Navajo Nation Council to select a new leader after resignation (9/30)
Editorial: Long delayed trust fund settlement for Navajo Nation (9/30)
Keepseagle plaintiffs oppose use of $380M to create foundation (9/30)
Opinion: Working with New Mexico tribes to protect sacred sites (9/30)
Pueblo man chosen as chair of VA minority advisory committee (9/30)
Woman sues over fall at Fallon Paiute Shoshone Tribe business (9/30)
Seminole Tribe makes another attempt to join banking business (9/30)
Mohegan Tribe purchases more wood pellet production facilities (9/30)
Ponca Tribe takes down old headquarters and readies new home (9/30)
Native Mob gang leader sentenced to 43 years in federal prison (9/30)
Three indicted for murder of man from Northern Arapaho Tribe (9/30)
Rivals funded DC trips to oppose Tohono O'odham Nation casino (9/30)
American Gaming Association includes tribes in economic report (9/30)
Editorial: Vote yes to support North Fork Rancheria gaming deal (9/30)
Editorial: Florida shouldn't take a gamble with casino expansion (9/30)
Tim Giago: All Indian people ask is for America to honor treaties (9/29)
Native Sun News: Tribes take on IRS and win battle over taxation (9/29)
Mark Trahant: Indian vote could bring a surprise in South Dakota (9/29)
Tribal General Welfare Exclusion Act signed into law by Obama (9/29)
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.