Post by Okwes on Jun 10, 2008 10:24:46 GMT -5
Government disputes $58 billion claim in Indian trust suit
6/9/2008
www.masslive.com/newsflash/index.ssf?/base/politics-5/12130316411\
02250.xml&storylist=washington
<http://www.masslive.com/newsflash/index.ssf?/base/politics-5/1213031641\
102250.xml&storylist=washington>
WASHINGTON (AP) — A group of American Indians is not entitled to a
$58 billion claim against the United States — or anything close to
that amount — over the mismanagement of century-old trust lands,
government lawyers argued Monday.
The Indians' 1996 suit claims they were swindled out of billions of
dollars in oil, gas, grazing, timber and other royalties overseen by the
Interior Department since 1887. They say the government has profited
from money that should gone promptly into individual Indian accounts.
The class-action suit covers about 500,000 Indians and their heirs.
Opening arguments began Monday in a trial that U.S. District Judge James
Robertson has called to determine how much the government should pay the
Indians. He ruled earlier this year that efforts by the Interior
Department to account for the trust money were inadequate.
<http://ads.masslive.com/RealMedia/ads/click_nx.ads/www.masslive.com/xml\
/story/ap/us/w/1155/@storyad?x> The Interior Department has argued in
filings with the court that the judge lacks jurisdiction to award any
money at all. But they are also attacking the amount the trust account
holders say they are owed.
"There is no legal or factual basis to pay the plaintiffs billions of
dollars or even close to a billion dollars," said Robert Kirschman, an
attorney representing the government. He said the amount would be "in
the millions not the billions."
Lawyers for the Indian plaintiffs defended their estimates and plan to
try and prove their accuracy in the upcoming trial.
"We expect that this court will be satisfied that what we have done is
reasonable and fair, and represents the money that is due our clients,"
said Dennis Gingold, lawyer for the individual account holders.
At issue is how much of the royalty money was held by the government
over the years, and whether it went to the Indian trust holders, to
third parties or was held in the government treasury. Because many of
the records have been lost or destroyed, it is now up to the court to
decide how to best estimate how much the individual Indians — many
of whom are nearing the end of their lives — should be paid.
If a dollar amount were awarded, it is uncertain how the government
would pay it.
Congress may have to set the money aside, a tough sell in tight time.
The Indian plaintiffs argue that the money could paid directly and does
not require action by Congress.
Sen. Byron Dorgan, D-N.D., and Arizona's John McCain, the likely
Republican presidential nominee, tried to prompt a settlement in the
case three years ago, when McCain led the Senate Indian Affairs
Committee. But they were not able to get the two sides to agree on an
amount.
The government later offered the Indian plaintiffs less than $7 billion
to settle the case, but they immediately rejected that offer.
Filed by Blackfeet Indian Elouise Cobell, the lawsuit deals with
individual Indians' lands. Several tribes have sued separately, claiming
mismanagement of their lands.
6/9/2008
www.masslive.com/newsflash/index.ssf?/base/politics-5/12130316411\
02250.xml&storylist=washington
<http://www.masslive.com/newsflash/index.ssf?/base/politics-5/1213031641\
102250.xml&storylist=washington>
WASHINGTON (AP) — A group of American Indians is not entitled to a
$58 billion claim against the United States — or anything close to
that amount — over the mismanagement of century-old trust lands,
government lawyers argued Monday.
The Indians' 1996 suit claims they were swindled out of billions of
dollars in oil, gas, grazing, timber and other royalties overseen by the
Interior Department since 1887. They say the government has profited
from money that should gone promptly into individual Indian accounts.
The class-action suit covers about 500,000 Indians and their heirs.
Opening arguments began Monday in a trial that U.S. District Judge James
Robertson has called to determine how much the government should pay the
Indians. He ruled earlier this year that efforts by the Interior
Department to account for the trust money were inadequate.
<http://ads.masslive.com/RealMedia/ads/click_nx.ads/www.masslive.com/xml\
/story/ap/us/w/1155/@storyad?x> The Interior Department has argued in
filings with the court that the judge lacks jurisdiction to award any
money at all. But they are also attacking the amount the trust account
holders say they are owed.
"There is no legal or factual basis to pay the plaintiffs billions of
dollars or even close to a billion dollars," said Robert Kirschman, an
attorney representing the government. He said the amount would be "in
the millions not the billions."
Lawyers for the Indian plaintiffs defended their estimates and plan to
try and prove their accuracy in the upcoming trial.
"We expect that this court will be satisfied that what we have done is
reasonable and fair, and represents the money that is due our clients,"
said Dennis Gingold, lawyer for the individual account holders.
At issue is how much of the royalty money was held by the government
over the years, and whether it went to the Indian trust holders, to
third parties or was held in the government treasury. Because many of
the records have been lost or destroyed, it is now up to the court to
decide how to best estimate how much the individual Indians — many
of whom are nearing the end of their lives — should be paid.
If a dollar amount were awarded, it is uncertain how the government
would pay it.
Congress may have to set the money aside, a tough sell in tight time.
The Indian plaintiffs argue that the money could paid directly and does
not require action by Congress.
Sen. Byron Dorgan, D-N.D., and Arizona's John McCain, the likely
Republican presidential nominee, tried to prompt a settlement in the
case three years ago, when McCain led the Senate Indian Affairs
Committee. But they were not able to get the two sides to agree on an
amount.
The government later offered the Indian plaintiffs less than $7 billion
to settle the case, but they immediately rejected that offer.
Filed by Blackfeet Indian Elouise Cobell, the lawsuit deals with
individual Indians' lands. Several tribes have sued separately, claiming
mismanagement of their lands.