your internet resource on facebook on twitter on Google+ on soundcloud
phone: 202 630 8439
Health Coverage for American Indians and Alaska Natives
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Judge rejects Osage Nation brief in Cobell case
Friday, June 13, 2008
Filed Under: Cobell

A federal judge on Thursday denied an attempt by the Osage Nation to enter the Indian trust fund lawsuit but the status of the tribe's hefty royalties remains at issue as the case heads towards final resolution.

The tribe filed a last-minute brief that claimed ownership of a valuable mineral estate in northeastern Oklahoma. According to data from the federal government, oil and gas royalties from the Osage Reservation could account for as much as 20 percent of the Indian trust.

The tribe supported the right of the Cobell plaintiffs to receive a judgment for the government's failure to account for the Individual Indian Money (IIM) trust. But the brief also accused the plaintiffs of trying to include tribal assets in their claim for $58 billion in restitution.

"Although the plaintiffs admit in their reply brief that the Osage Nation owns the mineral estate, they go on to argue that the income from the estate does not belong to the Osage Nation. They seek to turn the Osage Nation's ownership of the minerals into a meaningless fiction," attorneys for the tribe wrote in their May 29 motion.

Coming shortly before the trial that started on June 9, the brief raised a significant issue for Judge James Robertson. He is trying to decide how much money is owed to Indian beneficiaries for the government's failure to account and he has asked both sides in the case for their views on the Osage trust.

The Osage trust is unique because it was created by a separate act of Congress. Royalties from the reservation are distributed to individual tribal members based on a system of "headright" ownership.

The plaintiffs included the Osage headrights in their model for restitution due to their character as individual trust funds. But the Department of Justice, in questioning one witness, suggested it was wrong to do so.

Excluding the Osage revenues would in fact cut down the plaintiffs' claim for $58 billion significantly, economic expert Bradford Cornell acknowledged under cross-examination. "That's like about eleven-plus billion dollars?" asked John Warshawsky, an attorney for the government. "Yes," Cornell responded on Monday.

Cornell didn't testify whether or not he knows the Osage revenues are individual trust funds. But another plaintiffs' witness brought her experience to the table.

Mona Infield, a Bureau of Indian Affairs employee, spent more than a decade working on the Osage trust in Oklahoma. At one point, the tribe employed her directly to handle the royalties.

Infield, who now works in New Mexico, said it was clear to her that the Osage royalties are individual Indian trust funds. "It would be very surprising to me to hear that those were actually tribal trust funds," she testified on Monday in response to the tribe's assertions.

A witness for the government, on the other hand, testified that she excluded Osage royalties from IIM disbursement figures. Michelle Herman, of FTI Consulting, supported the view that headright payments aren't part of the system.

"There are some payments that are made directly from the tribal trust to owners of headrights, and that money would not be included," Herman said on Wednesday.

Robertson hasn't expressed views one way or another on the issue though his pre-trial order sought evidence on the inclusion of the Osage headrights in the plaintiffs' claim for restitution. He didn't explain why he rejected the Osage brief yesterday.

So far, Robertson has heard four days of testimony in what is turning out to be a quick-moving trial. The plaintiffs rested their main case on Wednesday and the government began calling its witnesses.

Testimony resumes Monday with more government witnesses and plaintiffs plan to call some rebuttal witnesses. The trial is expected to wrap up next week and Robertson has said he intends to issue a ruling later this summer.

Separately, the Osage Nation is suing the government in the U.S. Court of Claims for failing to account for an estimated $2.5 billion in headright royalties.

Relevant Documents:
Osage Nation Brief | Denial of Osage Brief

Trial Transcripts:
June 9 AM | June 9 PM | June 10 AM | June 10 PM | June 11 | June 12 AM

Related Stories:
Editorial: $58B trust payout more than fair (6/13)
Editorial: Indians short-changed by trustee (6/13)
Cobell plaintiffs rest case in trust fund trial (6/12)
Cobell plaintiffs focus on $58B claim at trial (6/11)
Trial seeks to resolve Indian trust fund lawsuit (6/11)
Judge opens landmark trial in Cobell trust fund case (6/10)
Jodi Rave: Cobell happy with opening day of trial (6/10)
Jodi Rave: Cobell trial begins in Washington DC (6/9)
Cobell trust fund case set for final trial (6/3)
After six-plus years, BIA website finally online (05/27)
BIA to be fully online in a couple of months (5/21)
Interior heads back online after disconnect (5/15)
Judge issues pre-trial order in Cobell trust case (5/13)
Bush administration responds to Cobell $58B claim (04/11)
'Rough justice' seen in resolving Cobell case (4/7)
House panel threatens Cobell accounting cut (4/4)
Letter: A small spark of justice in Cobell case (3/31)
Cobell plaintiffs say $58B owed for Indian trust (3/21)
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)

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:
Republicans push controversial Indian energy bill through House (10/9)
Navajo Nation leaders headed to campus following fatal shooting (10/9)
Native Sun News: South Dakota community honors Code Talkers (10/9)
Lakota Country Times: Native Americans arrested at high rates (10/9)
Ivan Star Comes Out: Lakota immersion remains our only hope (10/9)
Steve Russell: Indian people stuck with the laws of colonizers (10/9)
Doug George-Kanentiio: Native people play key role in politics (10/9)
Julian Brave NoiseCat: Trading tribal sovereignty for marijuana (10/9)
Studio denies theft of tribal artifacts from ranch in New Mexico (10/9)
Omaha Tribe hosts basketball stars Shoni and Jude Schimmel (10/9)
Winnebago Tribe chooses eight in special election for council (10/9)
Students from Salish Kootenai College send satellite to space (10/9)
Pamunkey Tribe sees challenge to federal recognition decision (10/9)
Six indicted for stealing funds from Sisseton-Wahpeton Oyate (10/9)
Kris Lane: Columbus was clearly not a friend to Native peoples (10/9)
Researchers adapt Korean alphabet for use in Native language (10/9)
Excavation at Indian city uncovers numerous signs of conflict (10/9)
Thomas St. Dennis: Don't let rival tribe stop Little River casino (10/9)
Viejas Band opens new gaming floor and hotel with expansion (10/9)
White Earth Nation plans hotel and RV park at third casino site (10/9)
Eastern Shoshone Tribe to debut expansion of casino in 2016 (10/9)
Mashpee Wampanoag Tribe adds competition to casino scene (10/9)
White House blasts Native American Energy Act ahead of vote (10/8)
House Natural Resources Committee approves two Indian bills (10/8)
First Nations Development Institute awards $250K for ranching (10/8)
Four Native chefs participate in unique food event in New Mexico (10/8)
Native Sun News: Lone Indian voice opposes mountain lion hunt (10/8)
Lakota Country Times: Wind power comes to Rosebud community (10/8)
Delphine Red Shirt: Scandal shuts down program for Indian youth (10/8)
Vince Two Eagles: Native medicine goes back thousands of years (10/8)
Jay Daniels: Indian lands still face threat from state governments (10/8)
Steven Newcomb: Religious doctrine guides Indian law and policy (10/8)
Brian Pierson: Recent federal court decisions affecting Indian law (10/8)
Choctaw Nation and Chickasaw Nation celebrate trust settlement (10/8)
Actor joked about taking tribal artifacts from ranch in New Mexico (10/8)
Tuolumne Band of Me-Wuk Indians gives $100K for cancer center (10/8)
Radio station brings news and more to Yankton Sioux Reservation (10/8)
Indian gaming industry grew 116 percent between 2001 and 2013 (10/8)
Arizona tribes on road to recovery with $1.81B in casino revenues (10/8)
Pojoaque Pueblo secures injunction in New Mexico casino dispute (10/8)
Little River Band sees off-reservation casino as boost for revenue (10/8)
Pioneering tribes share experiences with prosecuting non-Indians (10/7)
Senate Committee on Indian Affairs approves two bills at meeting (10/7)
Congress approves land-into-trust bill for Pueblos in New Mexico (10/7)
House Natural Resources Committee holds markup on Indian bills (10/7)
Native Sun News: Rival teams meet on football field at Pine Ridge (10/7)
Lakota Country Times: Tribes receive $940M in Ramah settlement (10/7)
James Giago Davies: Embrace distance running in Indian Country (10/7)
Brandon Ecoffey: Powerful forces aim to keep out the Native vote (10/7)
Thomas Perez: Youth on Wind River Reservation share high hopes (10/7)
Stephen Corry: Native people displaced for sake of 'conservation' (10/7)
States oppose tribal jurisdiction in upcoming Supreme Court case (10/7)
Cheyenne River Sioux Tribe challenges Indian education reforms (10/7)
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.