indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
Health Coverage for American Indians and Alaska Natives
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Ask Elouise: Appeals of $3.4B Cobell trust settlement dismissed

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:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Study confirms high rate of violence against Native women and men (5/5)
Senate Committee on Indian Affairs schedules meeting and hearing (5/5)
Native Sun News: Group aims to bring positive change to Rapid City (5/5)
Lakota Country Times: Rosebud Sioux Tribe updates education code (5/5)
Brandon Ecoffey: Governor's comments harken back to painful era (5/5)
Ivan Star Comes Out: White domination in America is under threat (5/5)
Jennifer Denetdale: Navajo Nation panel examines gender violence (5/5)
Leader of Navajo Nation Council criticizes coverage of girl's death (5/5)
Elouise Cobell being considered for Presidential Medal of Freedom (5/5)
Nottawaseppi Huron Band to prosecute non-Indians under VAWA (5/5)
Gathering of Nations must find new venue after end of agreement (5/5)
Brothers awarded $450K for anti-Indian beating at New Mexico bar (5/5)
Eastern Shoshone Tribe pays $1.7M to acquire land on reservation (5/5)
Nambe Pueblo pays off remaining funds owed to gaming developer (5/5)
States with less Indian gaming presence rank higher for addictions (5/5)
Cowlitz Tribe hosts forums on casino construction and related work (5/5)
Editorial: New commercial casino won't hurt St. Regis Mohawk Tribe (5/5)
Navajo Nation reeling after arrest made in 11-year-old girl's death (5/4)
Bureau of Indian Affairs adds names to memorial for fallen officers (5/4)
Bureau of Indian Affairs updates list of federally recognized tribes (5/4)
Bureau of Indian Affairs finalizes rule for burial assistance program (5/4)
National Indian Gaming Commission selects first vice chair in years (5/4)
Lakota Country Times: Oglala Sioux Tribe assists vets with housing (5/4)
Native Sun News: Northern Cheyenne Tribe pushed to hold election (5/4)
Cheyenne & Arapaho Tribal Tribune: Tribes fight coal mine in Texas (5/4)
Jim Kent: Governor of South Dakota blissfully ignorant about tribes (5/4)
Ernestine Chasing Hawk: Who made the decision to kill Anna Mae? (5/4)
Suzan Shown Harjo: Delete 'off the reservation' from our discourse (5/4)
Simon Moya-Smith: Donald Trump sees Indian people going 'wild' (5/4)
Dina Gilio-Whitaker: Native issues are afterthought for candidates (5/4)
Blackfeet Nation to see $107M from Cobell land buy-back program (5/4)
Nooksack Tribe fires judge and loses attorney in enrollment crisis (5/4)
Democrat Bernie Sanders staying in race as last Republicans quit (5/4)
Choctaw Nation offered settlements in fatal casino bus accident (5/4)
Keweenaw Bay Indian Community fails to sell governor on casino (5/4)
Shakopee Tribe starts work on casino hotel and convention center (5/4)
Editorial: Work with Cloverdale Rancheria rather than fight casino (5/4)
Lakota Country Times: Governor lectures tribe about sacred lands (5/3)
Native Sun News: Navajo Nation chapter sues tribe over water deal (5/3)
Vi Waln: Rosebud Sioux Reservation plagued by abuse and assault (5/3)
James Giago Davies: Propaganda machine protects racist mascot (5/3)
Cronkite News: Sports teams turn to tribes for naming rights deals (5/3)
Steven Newcomb: Tricking the original nations into reconciliation (5/3)
Rosebud man selected as leader of South Dakota State University (5/3)
Klamath Tribes report results of election for leadership positions (5/3)
Leaders of Louisiana tribes in conflict over $48M relocation grant (5/3)
Choctaw Nation ordered to pay $11M for casino bus crash deaths (5/3)
Arizona reports 5.1 percent decline in casino revenue from tribes (5/3)
Timbisha Shoshone Tribe casino up for discussion at city meeting (5/3)
Schaghticoke Tribal Nation hoping to keep gaming lawsuit going (5/3)
Blackfeet Nation welcomes Interior Secretary Jewell to homeland (5/2)
Native Sun News: Family confronts man linked to woman's death (5/2)
Lakota Country Times: State shows cards in fight over sacred site (5/2)
Clara Caufield: Living in a state of emergency on my reservation (5/2)
Mark Trahant: Native newspapers and presidential endorsements (5/2)
Mark Charles: Politicians haven't learned from our genocidal past (5/2)
Kevin Washburn: Land buy-back program benefits Indian Country (5/2)
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.