'Rough justice' seen in resolving Cobell case

Monday, April 7, 2008  

An attorney for the plaintiffs in the Cobell Indian trust fund lawsuit says resolving the long-running case amounts to "rough justice."

The plaintiffs are asking a federal judge to restore $58 billion to the Individual Indian Money (IIM) trust. The figure is based on the amount they say Indian beneficiaries are owed for the federal government's mismanagement of their trust land and trust funds.

"We're seeking the benefit the government gained as a result of its breach of trust,” attorney Dennis Gingold told The Oklahoman. "You're not allowed to benefit from your improper accounting.”

On January 31, Judge James Robertson ruled that a complete accounting of the IIM trust is impossible. He has scheduled a trial, to start on June 9, to devise a remedy for the plaintiffs.

"Where an accounting is impossible, you're looking at real rough justice," Gingold told the paper.

Get the Story:
Special master' may determine Indian payouts (The Oklahoman 4/7)
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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:
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)