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
Kill The Tobacco Master Settlement Agreement
Advertise on Indianz.Com
Home > News > Headlines

Printer friendly version
Swimmer affirms right to trust fund accounting
FRIDAY, JUNE 27, 2003

The federal government has always had a duty to account for the Indian trust fund, the Department of Interior official in charge of reforming the system said on Thursday.

But under several hours of cross-examination, special trustee Ross Swimmer refused to concede that the Bush administration's plans to conduct an historical accounting was inadequate. Although the Individual Indian Money (IIM) dates to 1887, Swimmer said it was appropriate to limit the project to those accounts open as of 1994, the date of the law that created his office.

"I can't cite you specific statutes," Swimmer testified, when asked to explain why the plan imposes the restriction. "Beyond that, every trustee has a duty to account. That's innate within the trust."

Swimmer, a former assistant secretary and principal chief of the Cherokee Nation of Oklahoma, said the Bureau of Indian Affairs has periodically provided accounting statements to tribes and individual Indians. But without "reasonable assurance" that the information was accurate, he said it was his job, as head of the Office of Special Trustee (OST), to make sure the government was fulfilling its responsibilities.

"I have no reason to doubt the accuracy of those statements," the witness said, while adding: "I am not certain that they were all accurate."

During questioning by Native American Rights Fund (NARF) attorney Keith Harper, Swimmer waded into controversial territory when he discussed a 1990s project, led by Arthur Andersen, the accounting firm that has since gone out of business after being convicted of obstruction of justice for shredding documents, that looked at the tribal trust.

Although the effort only went as far back as 1972 and the General Accounting Office (GAO) has concluded a full reconciliation is "impossible," Swimmer suggested that it was both fair and accurate for the time period covered. He said some tribes may have signed documents accepting it as such.

"It would appear for those tribes that were reviewed, that it did provide that kind of [historical] accounting," he said.

Swimmer then promised he would review Arthur Andersen's work. "As soon as possible," he testified, "I have a lot of work to do."

Swimmer, confirmed to his post this past April, returns to the stand this morning to resume his testimony. Harper expects questioning to last until early next week. Topics to be discussed include the application of Indian preference at the Interior, tribal consultation and other reform issues.

Once Swimmer is off the stand, the plaintiffs plan to call three of four rebuttal witnesses, including an aide to the late former U.S. Congressman Mike Synar, the Democrat from Oklahoma whose "Misplaced Trust" report highlighted some of the controversy during Swimmer's Reagan-era tenure of the Bureau of Indian Affairs. They expect the trial, which started May 1, to conclude by July 8.

Relevant Links:
Office of Special Trustee - http://www.ost.doi.gov
Indian Trust: Cobell v. Norton - http://www.indiantrust.com
Cobell v. Norton, Department of Justice - http://www.usdoj.gov/civil/cases/cobell/index.htm
Indian Trust, Department of Interior - http://www.doi.gov/indiantrust

Related Stories:
Swimmer challenged on Bush reform plans (6/27)
Swimmer expected to take stand in Cobell trial (6/25)
Griles gets Cobell wish list from House (6/26)
Taxpayers fund private attorneys to tune of $3M (6/25)
Swimmer testimony to come at end of Cobell trial (06/05)
Cason to take stand in Indian trust fund trial (6/4)
Indian trust standards debated (6/3)
Suit aims to halt reorganization (6/3)
Norton starts defense in trust fund trial (6/2)
Tribes stress unity on trust reform solutions (6/2)
Cobell welcomes a settlement to trust case (5/29)
Lamberth criticizes interference with trust fund case (05/22)
Tribes oppose OST expansion into Indian County (5/22)
Swimmer: Don't fear changes at Interior (5/22)
On trust, Swimmer turns to private sector (5/14)
Trial in Cobell trust fund case kicks off (05/02)
Bush reform plans debated in trust fund trial (05/02)
Cobell v. Norton Recap: Day 1 of Trial 1.5 (05/02)
Court tackles trust accounting and reform plans (05/01)

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:
Senate committee examines costs of substance abuse on tribes (7/30)
Senate Indian Affairs Committee delays action on land-into-trust (7/30)
Native Sun News: Keystone XL Pipeline protest draws big crowd (7/30)
James Giago Davies: Don't judge anyone's depth of Lakotaness (7/30)
Tara Houska: DC rally puts focus on threats to sacred Oak Flat (7/30)
Sarah Sunshine Manning: Native mother left to die in a jail cell (7/30)
Peter d'Errico: Seeking action after apology from Pope Francis (7/30)
Sen. Barrasso introduces another version of land-into-trust fix (7/29)
Standing Rock Sioux Tribe adopts banishment for drug dealers (7/29)
Native Sun News: Rapid City trial ends with no defense witnesses (7/29)
Lakota Country Times: Youth come to Pine Ridge for 'Exposures' (7/29)
Charles Trimble: Being mixed-race Indian and being proud of it (7/29)
Ivan Star: It's up to all of us to keep the Lakota language alive (7/29)
Congress fails to provide funds to help tribes comply with VAWA (7/29)
Suit alleges tribal leaders received kickbacks from lobbying firm (7/29)
Flandreau Santee Sioux Tribe claims DOJ support for marijuana (7/29)
Community on Crow Reservation on lockdown due to shooting (7/29)
Former Chippewa Cree Tribe chair sentenced in corruption case (7/29)
Hillary Clinton refuses to answer questions about Keystone XL (7/29)
Judge upset with delay in drilling dispute affecting sacred land (7/29)
Tribal leaders scale back plans to regulate energy development (7/29)
Fort Belknap Indian Community awaits tests in deaths of bison (7/29)
Column: Northern Cheyenne Tribe took a final stand in Oklahoma (7/29)
Public school board in Indiana votes to eliminate 'Indian' mascot (7/29)
Opinion: Sioux tribes deserve a seat on university naming panel (7/29)
Study outlines impacts of tribal gaming on economy in Oklahoma (7/29)
Judge orders Aquinnah Wampanoag Tribe to stop work on casino (7/29)
Fond du Lac Band prevails yet again in long-running casino feud (7/29)
Chukchansi Tribe hosts job fair amid hopes of reopening casino (7/29)
Cowlitz Tribe still working on design plans for contested casino (7/29)
Indian Health Service discusses LGBT issues in historic meeting (7/28)
Haskell students to study fracking on North Dakota reservation (7/28)
Erica Pinto makes history as first woman leader of Jamul Village (7/28)
Native Sun News: Young artist wins top award at Native market (7/28)
Lakota Country Times: Oglala Sioux Tribe hosts war pony races (7/28)
Steve Russell: The hypocrisy of race and Cherokee citizenship (7/28)
Terese Marie Mailhot: I was raised to be angry at White women (7/28)
Dina Gilio-Whitaker: Indian Country stuck with bad Republican (7/28)
Aaron Angerman: Alaska Natives not consulted about mine plan (7/28)
IHS hired physician who was sanctioned by Justice Department (7/28)
Cherokee Nation candidate emerges victorious in new election (7/28)
Ponca Tribe reclaims small part of ancestral lands in Nebraska (7/28)
Tuscarora Nation returns to ancestral home in North Carolina (7/28)
9th Circuit sides with Suquamish Tribe in fishing rights dispute (7/28)
10th Circuit affirms convictions of former Paiute Tribe employee (7/28)
Warm Springs Tribes welcome early start to huckleberry season (7/28)
Young man from Omaha Tribe sentenced for sexual abuse of child (7/28)
Makah Nation man charged for assault during attempted escape (7/28)
Miami Nation stays out of public school mascot debate in Indiana (7/28)
Tohono O'odham Nation wins round in casino battle with Arizona (7/28)
Wisconsin asks Supreme Court to rule on Ho-Chunk Nation poker (7/28)
Navajo Nation Council passes tax on alcohol at gaming facilities (7/28)
Seminole Tribe reiterates request for mediation in casino dispute (7/28)
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.