Here's a letter from outgoing Riverside BIA superintendent Robert Eben, saying basically that:
In order to challenge the corrupted tribal leader, we must ask the corrupted tribal leader if it would be okay with him to challenge him.
NO, not a joke, they just treat it as one...
I would write back to Eben and let him know Allen has already been served. The Enrollment committee refuses to take action. As the Bureau of Indian Affairs has all power over enrollment, they, the BIA MUST take action under 25 CFR 48.14(d)
ReplyDeleteUnited states Riverside BIA conspiracy. Maybe Alexandra's new bigger target is the BIA????
ReplyDeleteMakes you wonder how much Riverside is hiding to allow real indians to be governed by white pioneers?
ReplyDeleteDoesn't the San Pasqual constitution give the B.I.A. final say on their disenrollment. So Eben is not upholding the B.I.A. obligation. it is said that Irene Muncy enrolled her family in San pasqaul like Irene Basque wile working in the Riverside B.I.A. Maybe the D.O.J. need to investigate the going on in the Riverside office.
ReplyDeleteThe San Pasqual Tribe has an enrollment process. If they didn't the entire state of California could apply for membership. Then The BIA has final Authority over membership. I'm not sure who Irene Muncey is but I think her family is from Morongo Tribe.
ReplyDeleteyou mean Frances Martin Muncy?
ReplyDeleteThe San Pasqual has an enrollment process and the entire state of California can apply for membership but by they must meet the enrollment criteria set by the tribe. On this same issue the tribe put in their disenrollment process that an appeal and final dissension will be left to the B.I.A..
ReplyDeleteI was just researching 25 C.F.R Part 48 and discovered that the federal regulations that applied to membership at San Pasqual have been removed from the C.F.R. So the BIA is not in violation of federal regulations in the way they have handled the appeals, or the challenge to the Trask family's eligibility.
ReplyDeleteHowever, the allegation that there is some personal involvement between BIA employees at Riverside and the enrollment dispute at San Pasqual should be examined closely for conflict of interest. Honestly, we had to insist that Amy Dutschke and Frances Muncy recuse themselves from any involvement with our process. They both have personal relationships with Pala Chairman Robert Smith and we actually caught each of them acting as informants to him.
If they can do it with one Chairman, then they can do it with another. All that you need to prove is they or someone close to them personally benefits from the delay in acting on the appeal. It might even go beyond conflict of interest and into conspiracy to commit fraud because there is money involved.
I have alleged for quite some time now that there is some form of collusion between certain tribal officers and certain BIA employees. It manifests itself in the inaction, delays, and questionable decision making that always benefits the leaders of tribes that disenroll. For the Pala disenrollees there is also the obvious connection between BIA Pacific Region Director Amy Dutschke and her niece Sarah Dutschke Setshwaelo who is an Attorney for the Pala Band of Mission Indians.
I have also exposed the inconsistency in BIA decision making where disenrollments are involved. If you examine BIA decisions on disenrollment appeals you discover that the decisions are inconsistent in their basis. To put it bluntly, the BIA desires to use tribal law to justify disenrollments, and they take whatever approach is necessary to support disenrollment decisions.
Even in the case at San Pasqual where the BIA has decision making authority over enrollment, the BIA issued a decision in favor of disenrollment, and now is working hard to avoid taking any action that would reverse the disenollments.
This kind of collusion must be investigated and exposed! Innocent people are harmed, civil rights are violated, benefits are stolen, and lies and treachery abound, This insane pursuit of illicit funds and the power to say who gets paid and who doesn't is tearing apart tribes throughout Indian Country.
Let's all take off the blinders and see what is really going on here. Understanding the motivations, tracking the actors and their actions, and discovering the beneficiaries will uncover the patterns of fraud and enable the harmed and injured to predict who will do what and catch them doing it.
This is a bit off topic, but what's up with pala watch? They haven't posted anything in almost 2 months. They could at least turn the comments section back on for open discussions
ReplyDeleteThe administrator and owner of the blog has decided against maintaining Pala Watch. I understand his reasoning and agree with his decision. Pala Chairman Robert Smith threatened tribal members who posted on the blog, employed spies to track posters, and employed persons to post there anonymously in order to disrupt the discussions.
ReplyDeleteAnyway the rumors, threats, and general disregard for courtesy was escalating. I have no idea if posting of new information will resume or if comments will be reopened.
Really letting the bad guys intimidate freedom of speech 1 st AMMENDMENT O NO-NO-NO U MUST CONTINUE TO POST EVERYTHING OP HAS and it Doesn't make them stop injustice shed light on criminals
ReplyDeleteSays POLYSQWALIS
To Reinstatement Restitution. Wasn't the B.I.A. in court on the disenrollment in San Pasqual and ruled against Echo Hawk for not taking an bias standts on this and he resigned.So if San Pasqual changed their constitution on the B.I.A. involvement in their disenrollments this would apply to disenrollment after their amendment not to ones in litigation before the change.
ReplyDeleteThese appellants were never enrolled though they were approved by the Enrollment Committee. The court decision does not apply to them.
ReplyDeleteThe principle of controlling law does apply, and that means current law, not those that were in place when a specific action took place.
There will always, always be an issue of wanting to be federally recognized by your tribe. The benefits are enormous. This is just the first wave. Disenrollment is a different subject altogether.
ReplyDelete25 CFR 48, ABOLUTELY applies to the enrollment of the San Pasqual Indians. It has been in place since 1960. If you review the 2011 Alto disenrollment, it was, it is and remains the ONLY enrollment statute applicable to enrollment in this tribe. BIA has a fiduciary duty re enrollment in the San Pasqual tribe.
ReplyDeleteTitle 25 C.F.R. Part 48 has been removed from the Code. It is incorporated into the San Pascal governing document and the BIA does have decision making authority over enrollment.
ReplyDeleteThe court decision on the claims of the disenrollees does not apply those appellants who asking for the BIA to issue a decision on their enrollment.
There are several distinct groups involved in the dispute. It is hard to keep all the actions sorted out. I am not personally involved with these issues and am interested because of the legal implications.
Eben is corrupt!
ReplyDeleteIf the elder ancestors of the band recorded history, why can't the band today accept the truth? It's better to respect the truth than ignore it and disrespect the elders and ancestor who help create today. We are ALL here for a reason. Respect the truth or ignore it. Live with the story you create. Our heirs will to.
ReplyDeleteIt's easy to share the truth, the records are crystal clear.
ReplyDelete25 CFR 48.5 IS our enrollment statute and is still in play. Go read all about the Alto disenrollment.
ReplyDeleteEben is gone. But, Amy Dutschke is still in power at Sacramento. Turns out SHE is the bad egg. SHE is the one that denied the San Pasqual their due process rights. SHE is the one that has been playing ping pong this past year. SHE is the one that has failed to give 25 CFR 48.9 notice both in 2006 and today. Sign the petition at change. org to support the San Pasqual descendants. Your signature send her and Washburn an e-mail in support.
ReplyDelete