Native American Rights Fund Newsletter
Washington D.C.- A federal judge ruled on January 30th in favor of half-a-million Individual Indian Money account holders who argued the Department of Interior's accounting for their trust funds was totally insufficient. After 11 years of litigation in the courts and numerous Congressional hearings, in a 165-page decision, U.S. District Court for the District of Columbia Judge James Robertson declared that a historical accounting of the Indian trust is "impossible."
After a 10-day trial last October, Judge Robertson ruled in the Cobell v. Kempthorne case that the Interior Department is unable to perform an adequate accounting of the Individual Indian Money trust and that the government "has not" and "cannot" cure its breach of trust to hundreds of thousands of Indian beneficiaries who have never been told how much money they are owed for the use of their land. Judge Robertson called for a hearing in 30 days to begin discussions on a remedy. The hearing has now been scheduled for March 5, 2008.
The Cobell v. Kempthorne case was filed in 1996 by the Native American Rights Fund and private attorneys. It is brought on behalf of approximately 500,000 past and present individual Indian trust beneficiaries. The individual Indian money account holders (plaintiffs) seek a full accounting of their trust assets for the entire period that such assets have been held in trust since 1887. Trustees, without exception, have a fiduciary duty to provide accurate and complete statement of accounts to each beneficiary at regular intervals and a complete and accurate accounting upon demand. Yet, the United States has never provided an accounting to individual Indian trust beneficiaries. It has never provided beneficiaries accurate and complete statement of accounts. In addition, plaintiffs ask that the account balances be restated in accordance with the accounting. Finally, plaintiffs seek reform of the trust management and accounting system.
Currently, there are over 11 million acres of land held in trust for the IIM beneficiaries. More than $300 million dollars pass through the U.S. Treasury on behalf of Indians annually from oil and agricultural leases, mining and water rights, rights-of-way and timber sales, and are collected by the Interior Department for distribution to the rightful owners.
There's more here: http://narf.convio.net/site/MessageViewer?dlv_id=6042&em_id=2181.0&JServSessionIdr004=k00dp0vus1.app8b
Monday, February 18, 2008
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment