ROSEBUD, SOUTH DAKOTA — A former Rosebud Sioux Tribal Chairman has filed a complaint in U.S. District Court alleging that attorneys for the tribe leaked information to the media in regard to a decision against Boyd, Boyd and Colombe (BBC) Entertainment which, affected the outcome of the 2007 RST Elections. L. Wayne Boyd and Charles Colombe were both candidates during the 2007 election season. Boyd was running for Tribal Chairman and Colombe for Vice-Chairman. Both men lost their bid in the elections. Colombe was a shareholder, director and officer in BBC Entertainment which managed the Rosebud Casino from 1994 until 1999. The case which has been in litigation since 2001 when the the Rosebud Sioux Tribe first filed suit against BBC Entertainment in tribal court alleging they owed the tribe nearly a half a million dollars. According to the original contract, 35 percent of the profits from the Rosebud Casino would be paid to BBC Entertainment as fee for managing the casino. The tribe alleged that just prior to the contract running out BBC Entertainment paid itself $399,353, which they allege was more than owed the company. Tribal Attorney Dana Hanna of Rapid City said BBC actually took about 65 percent of the funds in the casino’s operating expenses reserve account. Colombe disputed the findings and the tribal judge initially ruled in favor of BBC. The tribe appealed to the RST Supreme Court and was granted a new trial. The Tribal Supreme Court appointed Special Judge B.J. Jones, who presides in Sisseton/Wahpeton Tribal Court, to hear the case. On Oct. 24, 2007 Jones ruled in favor of the tribe and ordered BBC Entertainment to pay the tribe $527,000, including interest. The complaint filed on January 12, 2011 in Federal Court by Colombe against the Rosebud Sioux Tribe, the Rosebud Sioux Tribal Court and Honorable Judge Sherman Marshall alleges that the RST Supreme Court ruling by Judge Jones was made on Oct. 16, 2007, but was not made public until the eve of the tribal elections. The complaint states that, “BBC was not notified of the October 16, 2007 decision until a copy was faxed to BBC’s attorney at 4:50 p.m. on Oct. 24, 2007. The 4 complaint also alleges that a fax was sent from the office of the tribal business manager to the local radio station with what purported to be a copy of the Judgment signed by the special judge. Prominently added to the Judgment was the statement “BBC Entertainment is: BOYD, BOYD, & COLOMBE (Wayne Boyd and Charlie Colombe). They now owe RST the following amount: Total - $527,146.76. The complaint also states that a copy of the same Judgments were delivered to the Rapid City Journal on Oct. 24, 2007 and a story on the Judgment based on an interview given to the Rapid City Journal by Rosebud Attorney General Dana L. Hanna appeared in the Rapid City Journal on the morning of Oct. 25, 2007 the day of the elections. (Contact Ernestine Chasing Hawk at managingeditor@nsweekly.com)
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