indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439
Dynamic Homes
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Ask Elouise: Appeals of $3.4B Cobell trust settlement dismissed
Thursday, November 8, 2012
Filed Under: Cobell
More on: ask elouise, dennis gingold, elouise cobell
 
Dear Indian Country,

This open letter discusses the events in the Cobell case since my last letter to you. In that letter, I discussed the fact that your trust payments have been withheld by appeals filed by four class members: Kimberly Craven, Charles Colombe, Carol Eve Good Bear, and Mary Lee Johns. Now, I am pleased to report that both appeals have now been successfully resolved.

How were the appeals resolved?
On October 29, 2012, the Supreme Court denied Kimberly Craven’s petition that asked the Supreme Court to hear her appeal and set aside the settlement, bringing her obstruction of your settlement to an end. On November 2, Good Bear, Colombe, and Johns agreed to dismiss with prejudice their Supreme Court petition in return for Class Counsel’s agreement to pay their attorney's fees and expenses out of attorneys’ fees we expect to receive. A stipulation of dismissal was filed with the Supreme Court on November 6 and the Supreme Court officially dismissed their petition today.

Because of the Supreme Court's rejection of Craven's petition, we believe the other appellants have realized what everyone else had known all along: that their appeal had no merit and no chance of success. However, because it had the potential to delay further your settlement payments, we, Class Counsel, offered to pay the three petitioners their attorney’s fees and expenses out of our attorneys’ fees. This will greatly increase the likelihood that we can begin to disburse settlement funds to you before Christmas and before winter is fully upon you. Most importantly, we also wanted to finalize the settlement before more Class Members die without realizing any measure of justice. Sadly, it is estimated that 12,000 class members have died since the settlement's record date of September 30, 2009. As you know, the year and one half delay caused by the appeals prevented Elouise from seeing the results of her extraordinary efforts. In addition, each month that finality has been delayed has cost class members at least $300,000 out of their recovery.

With winter here, Class Counsel were committed to doing everything we reasonably could do to help you receive your Historical Accounting Class payments by Christmas. U.S. District Judge Royce C. Lamberth said “justice delayed is justice denied,” and we did not want the four objector appellants to obstruct your recovery any longer.

What steps remain to starting the distribution?
Within the next month or so, the government will pay into the Cobell account at J.P. Morgan, the approved settlement bank, settlement funds out of the Claims Judgment Fund of the United States. However, before that payment is made, the Attorney General must certify that the case is final and an Assistant Secretary of the Treasury must certify that it is proper to access the Judgment Fund to make that payment. Secretary Salazar has assured Indian Country that the government is “ready to hit the ground running as soon as the Supreme Court makes a decision.” We believe him. Accordingly, there is good reason to be optimistic.

I keep hearing about some sort of $7 billion dollar settlement offer that was rejected by Elouise. What is that?
It is a false contention that Craven made repeatedly in her meritless arguments. Unfortunately, that myth was perpetuated by irresponsible news organizations. Let me be clear one last time: No one rejected a $7 billion offer to settle the case. Indeed, no administration made a $7 billion settlement offer to settle Cobell. Nor did Congress. Until the 2009 settlement negotiations, which resulted in your $3.4 billion tax-free settlement, the government never offered a single penny to settle our litigation. Further, the government made it clear that $3.4 billion is the absolute maximum amount that it would pay to you and fellow class members. It would not pay one penny more. The district court reviewed the facts and pointedly found Craven’s contention to be utterly meritless.

How will I receive my trust funds?
Your trust funds will be sent to the last address on file with the Garden City Group. Please contact the Garden City Group to ensure that your correct information is provided. The Garden City Group can be contacted via mail, phone, and email at:

Indian Trust Settlement
POB 9577
Dublin, OH 43017-4877
800.961.6109
Info@IndianTrust.com

This and other Ask Elouise letters can be found on the settlement website: http://www.indiantrust.com/ask. There is also a “frequently asked questions” section to answer the most common questions received: http://www.indiantrust.com/faq

Kind Regards
Dennis Gingold
Lead Counsel, Cobell Plaintiffs


Copyright © Indianz.Com
More headlines...
Stay Connected:

Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Tribal college geologist tackles uranium mine (1/30)
James Giago Davies: Let's hurry up and hate the Muslim people (1/30)
Luis Alejo: Apologize to the Chumash Tribe for 'hurtful' remarks (1/30)
Mark Anthony Rolo: Declaration of war against Keystone Pipeline (1/30)
Senate passes bill to approve controversial Keystone XL Pipeline (1/30)
DOI signs land buy-back cooperative agreements with two tribes (1/30)
Company claims harassment after racial incident at hockey game (1/30)
Cheyenne and Arapaho Tribes declare war on methamphetamine (1/30)
Warm Springs Tribes play host to unmanned drone test grounds (1/30)
Eastern Cherokees still working to improve dangerous highway (1/30)
Key lawmakers remain opposed to Yucca Mountain nuclear site (1/30)
Kootenai Tribe: The truth about the regulation of Indian gaming (1/30)
Mike Hoeft: Bingo games brought Oneida Nation together again (1/30)
Menominee Nation won't give up on off-reservation gaming plan (1/30)
Keweenaw Bay Indian Community approves casino market study (1/30)
Seminole Tribe wins preliminary approval for New Jersey gaming (1/30)
Native Sun News: Alcohol a common factor in Rapid City murders (1/29)
Ivan Star: Ignoring alcoholism leads to destruction of the Lakota (1/29)
John Barrasso: Empowering Indian Country in the GOP Congress (1/29)
Criminal charges possible over mistreatment of Indian students (1/29)
Seneca Nation doesn't foresee taking action on legal marijuana (1/29)
Elderly member of Colville Tribes seriously injured in hit and run (1/29)
Fifteen charged over theft of Yakama Nation scholarship money (1/29)
Judge orders self-proclaimed 'shaman' back to custody in Texas (1/29)
Nevada City Rancheria objects to leasing of land to another tribe (1/29)
Mississippi Choctaws to hold grand opening for new $55M hospital (1/29)
Opinion: Celebrate the Native origin of the Seattle Seahawks logo (1/29)
First Nations Experience to grow with $6M from San Manuel Band (1/29)
Governor won't rethink Menominee Nation off-reservation casino (1/29)
Cayuga Nation back in court to defend Class II gaming operation (1/29)
Mohegan Tribe reports increase in revenue at gaming enterprise (1/29)
Gaming machines at non-Indian tracks stir controversy in Idaho (1/29)
Native Sun News: Tribes ask Obama to deny Keystone XL permit (1/28)
Native Sun News: Native youth take stand against Keystone bid (1/28)
Tara Houska: Respect treaties and reject Keystone XL Pipeline (1/28)
Mark Trahant: Obama administration steps up for environment (1/28)
Senate Indian Affairs Committee holds first meeting & hearing (1/28)
House committee won't restore Indian and Alaska Native panel (1/28)
Opinion: Affordable Care Act offers behavorial health services (1/28)
Sami Jo Difuntorum: Support needed for Indian housing update (1/28)
Albert Bender: Stop glorification of Indian killer Andrew Jackson (1/28)
Amanda Blackhorse: Navajo leader defends racist NFL mascot (1/28)
Megan Red Shirt-Shaw: Our kids should be able to go anywhere (1/28)
Police probe racist treatment of Oglala youth at hockey game (1/28)
College basketball player proud to serve as Native role model (1/28)
Auburn Community buys stake in rock music festival company (1/28)
Former Pueblo leader ready to change plea in $3.6M theft case (1/28)
more headlines...


Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.