Congressman questions Wayne Smith

FROM THE ARCHIVE

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FRIDAY, MAY 3, 2002

A leading House Republican on Thursday asked Assistant Secretary Neal McCaleb to look into potential conflict of interest claims regarding Wayne Smith, the top deputy at the Bureau of Indian Affairs.

In a letter, Rep. Doug Ose (R-Calif.), chairman of a House Government Reform subcommittee, questioned whether Smith has been forthcoming about his ties to lobbyists representing California tribes with gaming interests. Ose cites pending business affecting the Pechanga Band of Luiseno Indians and the United Auburn Indian Community.

According to Ose, lobbying records show that a former Smith subordinate at the California Department of Justice is now working for the two tribes. Tracey Buck-Walsh is a California attorney and registered government lobbyist.

"First, does Mr. Smith have a relationship with Ms. Buck-Walsh that would cause a reasonable person to question his impartiality?" Ose writes.

"Second, has Mr. Smith participated in any matters involving either the Pechanga tribe of the United Auburn Indian Communities? [sic]" he continues.

In particular, Ose raises questions about a land-into-trust application Smith had a hand in approving. The decision was made despite significant local opposition, which led to Smith backing away, temporarily, from the controversy this past January.

Ose asked McCaleb to respond to his directives as soon as possible.

McCaleb came under fire before Ose's subcommittee earlier this year regarding federal recognition and ties to the $10 billion and growing gaming industry. He testified that he would try to operate the BIA free of undue influence.

With regard to Smith, he already faces questions about a former business partner now under federal investigation for his lobbying attempts. Phil Bersinger seduced potential clients claiming "tremendous access and influence" at the BIA.