The June 9 trial to resolve the Cobell v. Kempthorne Indian trust fund case is quickly approaching.
Judge James Robertson intends to put a dollar figure on the money owed to hundreds of thousands of Individual Indian Money (IIM) beneficiaries. His rulings have suggested anywhere between $3 billion and $3.6 billion was not distributed to account holders.
In a May 2 pre-trial order, Robertson said the plaintiffs will go first. He said they have the burden of proving how much money Indian beneficiaries are owed, a figure that could include Osage head right funds, judgment and per capita accounts and money deposited in IIM accounts on behalf of tribes.
Roberton also said the plaintiffs have the burden to establish whether the government received some sort of "benefit" for the use of Indian trust funds and whether Indian beneficiaries are entitled to that money.
After the plaintiffs present their case, Robertson said the government will have the burden of refuting it. He said he will consider evidence "bearing on the percentage of monies collected by the IIM trust system that have been disbursed to beneficiaries – and the percentage that ought to have been disbursed," according to the pre-trial order.
The trial takes place in the federal district courthouse in Washington, D.C. Robertson has said he expects it will last a couple of weeks. He plans to issue a final ruling later in the summer.
Related Stories:
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)
Trending in News
1 White House Council on Native American Affairs meets quick demise under Donald Trump
2 'A process of reconnecting': Young Lakota actor finds ways to stay tied to tribal culture
3 Jenni Monet: Bureau of Indian Affairs officer on leave after fatal shooting of Brandon Laducer
4 'A disgraceful insult': Joe Biden campaign calls out Navajo leader for Republican speech
5 Kaiser Health News: Sisters from Navajo Nation died after helping coronavirus patients
2 'A process of reconnecting': Young Lakota actor finds ways to stay tied to tribal culture
3 Jenni Monet: Bureau of Indian Affairs officer on leave after fatal shooting of Brandon Laducer
4 'A disgraceful insult': Joe Biden campaign calls out Navajo leader for Republican speech
5 Kaiser Health News: Sisters from Navajo Nation died after helping coronavirus patients
More Stories
Share this Story!
You are enjoying stories from the Indianz.Com Archive, a collection dating back to 2000. Some outgoing links may no longer work due to age.
All stories in the Indianz.Com Archive are available for publishing via Creative Commons License: Attribution-NonCommercial-NoDerivatives 4.0 International (CC BY-NC-ND 4.0)