Post by Okwes on Feb 24, 2006 11:36:22 GMT -5
State officials say tribe is a sham, fight millions in arbitration claims
By Pamela Manson
The Salt Lake Tribune <mailto:pmanson@sltrib.com>
www.sltrib.com/utah/ci_3537411
<http://www.sltrib.com/utah/ci_3537411>
As chief of the Wampanoag Nation, Tribe of Grayhead, Wolf Band, Dale
Nolan Stevens was infuriated when a police officer cited him in 2001 for
having an unregistered vehicle and driving without a license.
The Vernal man insisted that his tribal license plate was legal and
only the tribe had authority over him. He became more incensed when
Uintah County Attorney JoAnn Stringham proceeded to prosecute him.
So he turned to the Western Arbitration Council - and in 2004 won a
whopping $250 million award against her.
Stringham is not the only Utah public servant hit with a purported
judgment from the Vernal-based tribe or its associates. The following
amounts are allegedly due and payable from Uintah County officials: $3
million from Deputy Sheriff John Laursen, $300,720 from Sheriff Rick
Hawkins and $300,000 from Justice Court Judge G.A. Petry.
The catch, according to lawsuits now filed against the tribe and the
arbitration council, is that it's all a sham.
Lawsuits contend the Tribe of Grayhead, Wolf Band is a fake tribe
whose members are not legally recognized as American Indians. The suits
also allege the arbitration council, which was created by the tribe's
"war chief," exists to conduct "mailbox arbitration" to harass perceived
enemies.
Although Stevens has never collected a cent from her, Stringham said
fighting the claim is time consuming.
"What disrupts my life is that we're busy and we're trying to do our
jobs in a fair manner and they start throwing paperwork at you that's
just painful to read," she said. "They want to make it so difficult for
you."
How "mailbox arbitration" works: Lawsuits allege the scheme by WAC
works this way:
WAC officials send notices to their targets - including prosecutors,
judges, child welfare workers and financial institutions - announcing a
claim has been filed against them, usually for large amounts of money.
The notices, full of misspellings and grammatical errors, allege the
recipient has broken a contract or violated someone's civil rights.
The letters' recipients are falsely informed that they earlier agreed
to submit to binding arbitration and have just days to respond or lose
by default.
After the time period expires, WAC grants an award to the claimant,
who uses a WAC document to file a lien against the target or files a
civil suit seeking payment.
The claimants apparently have collected little or no money. However,
they allegedly have damaged credit records, encumbered property and
wasted court time.
In the past seven years, people connected to the tribe or the
council have recorded hundreds of millions of dollars in "awards"
against the city of Vernal, its prosecutor, a Duchesne County Justice
Court judge, 3rd District Judge Tyrone Medley, Utah County Attorney Kay
Bryson and others.
Officials with WAC and the tribe adamantly deny they are doing
anything illegal and insist the law backs them up.
Impounded truck, big award: In 2004, James Burbank of Vernal filed a
federal lawsuit seeking $375 million in damages from Uintah County
officials. Burbank had been cited the year before for having an
unregistered vehicle.
Burbank, who claims to be a member of the Grayhead Tribe, later got
the $300,720 WAC award against the sheriff and the $300,000 award
against Petry. Burbank complained officials ignored a letter by
purported chief Stevens stating they were required to return Burbank's
impounded truck.
The "debtors" are fighting back. Uintah County has filed a
counterclaim seeking to wipe out Burbank's awards and get a declaration
that the Tribe of Grayhead, Wolf Band is not an Indian tribe.
Uintah County's evidence includes an affidavit from Donald Widdiss,
chairman of the federally recognized Wampanoag Tribe of Gay Head
(Aquinnah) in Massachusetts. Widdiss says the Utah group is in no way
affiliated with the Wampanoag Tribe.
U.S. District Judge John E. Conway of New Mexico is scheduled to hear
arguments in the dispute today at the federal courthouse in Salt Lake
City.
Burbank could not be reached for comment.
Citibank "owes" $15.7 million: Curtis Richmond claims he has won a
$15,739,338 award from WAC against Citibank. The
Advertisement [Click Here]
<http://ad.doubleclick.net/jump/N1166.saltlaketribune/B1797110.4;abr=!ie\
4;abr=!ie5;sz=300x250;ord=[timestamp]?> California man, who
describes himself as a non-Indian adopted into the Grayhead tribe, has
signed other awards as a WAC arbitrator.
Citibank customers have signed their legal rights to him, Richmond
explained in a telephone interview from Carlsbad, Calif., and the award
represents a refund for money lost to fraudulent practices.
But the bank claims WAC has been falsely advising Citibank customers
that they can avoid paying their credit card debts by using its
arbitration services. Citibank has filed suit in Utah's 3rd District
Court against WAC, Richmond and others.
Richmond said he will file a complaint against federal judge Conway
in connection with Burbank's Uintah County case. Conway is violating a
requirement to have an oath of office on file, Richmond claims.
"I'll be a whistleblower, they can't touch me," Richmond said. "This
is war. When a judge acts without jurisdiction, he is guilty of
treason."
Richmond also claims the Colorado Supreme Court owes him $90,000 for
a WAC award.
The Citibank and Burbank lawsuits are just two of several cases
involving WAC and tribal members in several states. Last April, a
federal grand jury in Kansas indicted a Newton couple on fraud charges,
alleging they had obtained a fraudulent document from the "so-called
Western Arbitration Council" awarding them more than $2 million.
"So get lost": One connection between the arbitration council and the
tribe is Thomas Smith, listed as chief of the Ministry of Justice and
chief tribal judge of the Grayhead Tribe, Wolf Band and as director of
arbitration for WAC.
Smith, a Uintah Basin resident, said he helps people litigate
disputes as part of his ministerial services.
In all his cases with WAC, Smith said, both sides agreed to
arbitrate, and if one party failed to show up for a hearing, an award
was entered by default for the other side.
Stevens, the purported tribe's chief in Vernal, also told The Salt
Lake Tribune he has done nothing wrong. As for the tribe's opponents in
various lawsuits, Stevens said, "They've robbed us of our rights. They
are thieves. They are terrorists."
To back up his assertion that his tribe is legitimate, Stevens cites
federal court cases on tribal law and a letter he sent to the Bureau of
Indian Affairs in Washington, D.C., asking that the Wolf Band logo and
seal be registered.
In the Uintah County case, Stevens wrote in a court filing: "Indian
tribes and the members of the tribal Government have sovereign immunity,
they can extend that to tribal members and to non members working for or
in behalf of the tribe and we do not wave that immunity, So get lost."
pmanson@sltrib.com
Using phony arbitration awards?
Government agencies and private businesses allege Utah-based
organizations are using phony arbitration awards to harass
officials with liens and lawsuits. The accused organizations:
Wampanoag Nation, Tribe of Grayhead, Wolf Band: The tribe, in
existence since at least 2001, elected its council at a Provo Arby's in
2003, according to its records. It claims its members are American
Indians immune to state and federal laws.
Western Arbitration Council: With post office addresses listed in
Hanna and Duchesne, its director of arbitration is Uintah Basin resident
Thomas Smith, a Grayhead tribal official.
The Order of White Light: Smith, its "presiding patriarch," says he
organized the order in 1999. Incorporation papers from 2003 describe it
as an "ecclesiastical corporation." WAC is part of the order, court
documents say.
By Pamela Manson
The Salt Lake Tribune <mailto:pmanson@sltrib.com>
www.sltrib.com/utah/ci_3537411
<http://www.sltrib.com/utah/ci_3537411>
As chief of the Wampanoag Nation, Tribe of Grayhead, Wolf Band, Dale
Nolan Stevens was infuriated when a police officer cited him in 2001 for
having an unregistered vehicle and driving without a license.
The Vernal man insisted that his tribal license plate was legal and
only the tribe had authority over him. He became more incensed when
Uintah County Attorney JoAnn Stringham proceeded to prosecute him.
So he turned to the Western Arbitration Council - and in 2004 won a
whopping $250 million award against her.
Stringham is not the only Utah public servant hit with a purported
judgment from the Vernal-based tribe or its associates. The following
amounts are allegedly due and payable from Uintah County officials: $3
million from Deputy Sheriff John Laursen, $300,720 from Sheriff Rick
Hawkins and $300,000 from Justice Court Judge G.A. Petry.
The catch, according to lawsuits now filed against the tribe and the
arbitration council, is that it's all a sham.
Lawsuits contend the Tribe of Grayhead, Wolf Band is a fake tribe
whose members are not legally recognized as American Indians. The suits
also allege the arbitration council, which was created by the tribe's
"war chief," exists to conduct "mailbox arbitration" to harass perceived
enemies.
Although Stevens has never collected a cent from her, Stringham said
fighting the claim is time consuming.
"What disrupts my life is that we're busy and we're trying to do our
jobs in a fair manner and they start throwing paperwork at you that's
just painful to read," she said. "They want to make it so difficult for
you."
How "mailbox arbitration" works: Lawsuits allege the scheme by WAC
works this way:
WAC officials send notices to their targets - including prosecutors,
judges, child welfare workers and financial institutions - announcing a
claim has been filed against them, usually for large amounts of money.
The notices, full of misspellings and grammatical errors, allege the
recipient has broken a contract or violated someone's civil rights.
The letters' recipients are falsely informed that they earlier agreed
to submit to binding arbitration and have just days to respond or lose
by default.
After the time period expires, WAC grants an award to the claimant,
who uses a WAC document to file a lien against the target or files a
civil suit seeking payment.
The claimants apparently have collected little or no money. However,
they allegedly have damaged credit records, encumbered property and
wasted court time.
In the past seven years, people connected to the tribe or the
council have recorded hundreds of millions of dollars in "awards"
against the city of Vernal, its prosecutor, a Duchesne County Justice
Court judge, 3rd District Judge Tyrone Medley, Utah County Attorney Kay
Bryson and others.
Officials with WAC and the tribe adamantly deny they are doing
anything illegal and insist the law backs them up.
Impounded truck, big award: In 2004, James Burbank of Vernal filed a
federal lawsuit seeking $375 million in damages from Uintah County
officials. Burbank had been cited the year before for having an
unregistered vehicle.
Burbank, who claims to be a member of the Grayhead Tribe, later got
the $300,720 WAC award against the sheriff and the $300,000 award
against Petry. Burbank complained officials ignored a letter by
purported chief Stevens stating they were required to return Burbank's
impounded truck.
The "debtors" are fighting back. Uintah County has filed a
counterclaim seeking to wipe out Burbank's awards and get a declaration
that the Tribe of Grayhead, Wolf Band is not an Indian tribe.
Uintah County's evidence includes an affidavit from Donald Widdiss,
chairman of the federally recognized Wampanoag Tribe of Gay Head
(Aquinnah) in Massachusetts. Widdiss says the Utah group is in no way
affiliated with the Wampanoag Tribe.
U.S. District Judge John E. Conway of New Mexico is scheduled to hear
arguments in the dispute today at the federal courthouse in Salt Lake
City.
Burbank could not be reached for comment.
Citibank "owes" $15.7 million: Curtis Richmond claims he has won a
$15,739,338 award from WAC against Citibank. The
Advertisement [Click Here]
<http://ad.doubleclick.net/jump/N1166.saltlaketribune/B1797110.4;abr=!ie\
4;abr=!ie5;sz=300x250;ord=[timestamp]?> California man, who
describes himself as a non-Indian adopted into the Grayhead tribe, has
signed other awards as a WAC arbitrator.
Citibank customers have signed their legal rights to him, Richmond
explained in a telephone interview from Carlsbad, Calif., and the award
represents a refund for money lost to fraudulent practices.
But the bank claims WAC has been falsely advising Citibank customers
that they can avoid paying their credit card debts by using its
arbitration services. Citibank has filed suit in Utah's 3rd District
Court against WAC, Richmond and others.
Richmond said he will file a complaint against federal judge Conway
in connection with Burbank's Uintah County case. Conway is violating a
requirement to have an oath of office on file, Richmond claims.
"I'll be a whistleblower, they can't touch me," Richmond said. "This
is war. When a judge acts without jurisdiction, he is guilty of
treason."
Richmond also claims the Colorado Supreme Court owes him $90,000 for
a WAC award.
The Citibank and Burbank lawsuits are just two of several cases
involving WAC and tribal members in several states. Last April, a
federal grand jury in Kansas indicted a Newton couple on fraud charges,
alleging they had obtained a fraudulent document from the "so-called
Western Arbitration Council" awarding them more than $2 million.
"So get lost": One connection between the arbitration council and the
tribe is Thomas Smith, listed as chief of the Ministry of Justice and
chief tribal judge of the Grayhead Tribe, Wolf Band and as director of
arbitration for WAC.
Smith, a Uintah Basin resident, said he helps people litigate
disputes as part of his ministerial services.
In all his cases with WAC, Smith said, both sides agreed to
arbitrate, and if one party failed to show up for a hearing, an award
was entered by default for the other side.
Stevens, the purported tribe's chief in Vernal, also told The Salt
Lake Tribune he has done nothing wrong. As for the tribe's opponents in
various lawsuits, Stevens said, "They've robbed us of our rights. They
are thieves. They are terrorists."
To back up his assertion that his tribe is legitimate, Stevens cites
federal court cases on tribal law and a letter he sent to the Bureau of
Indian Affairs in Washington, D.C., asking that the Wolf Band logo and
seal be registered.
In the Uintah County case, Stevens wrote in a court filing: "Indian
tribes and the members of the tribal Government have sovereign immunity,
they can extend that to tribal members and to non members working for or
in behalf of the tribe and we do not wave that immunity, So get lost."
pmanson@sltrib.com
Using phony arbitration awards?
Government agencies and private businesses allege Utah-based
organizations are using phony arbitration awards to harass
officials with liens and lawsuits. The accused organizations:
Wampanoag Nation, Tribe of Grayhead, Wolf Band: The tribe, in
existence since at least 2001, elected its council at a Provo Arby's in
2003, according to its records. It claims its members are American
Indians immune to state and federal laws.
Western Arbitration Council: With post office addresses listed in
Hanna and Duchesne, its director of arbitration is Uintah Basin resident
Thomas Smith, a Grayhead tribal official.
The Order of White Light: Smith, its "presiding patriarch," says he
organized the order in 1999. Incorporation papers from 2003 describe it
as an "ecclesiastical corporation." WAC is part of the order, court
documents say.