-Caveat Lector-
December 22, 1999
Judge: Indian fund totally mismanaged
By Jerry Seper
THE WASHINGTON TIMES
U.S. District Judge Royce C. Lamberth said the Interior and
Treasury departments have severly mismanaged millions of dollars
in trust fund accounts for more than 300,000 American Indians.
A federal judge yesterday said the Interior and Treasury
departments so mismanaged millions of dollars in trust fund
accounts for more than 300,000 American Indians that the
government has no idea how much money is missing or where it can
be found.
U.S. District Judge Royce C. Lamberth said in a strongly
worded, 142-page ruling in a class-action lawsuit brought by the
Native American Rights Fund that he would personally oversee
efforts by government officials to fix the failed system.
While Judge Lamberth ruled against lawyers for the Indian
account holders, who sought the appointment of a court-appointed
monitor, he said they had established a right to "ongoing
judicial review of trust reform efforts for the next five years �
or longer if necessary � and a role for their own continued,
close involvement in reform efforts."
"Although plaintiffs may be dissatisfied with the court's
decision to not appoint another special master or monitor at this
time, plaintiffs should take great satisfaction in the stunning
victory they have achieved today on behalf of the 300,000-plus
Indian beneficiaries" in the trust fund accounts, he said.
"That is enough for today. If more becomes necessary, the
court will be available," he said. "If the defendants carry out
what they now say they will do and comply with the court's order
. . . more should not be necessary. In that case, trust reform
should become a reality rather than a dream."
Judge Lamberth said it was "entirely possible" that tens of
thousands of Indian account holders "should be receiving
different amounts of money � their own money � than they do
today."
But, he said, government officials could not say how much
money was due, "which is the crux of the problem."
He also said he would hold a second "minitrial" to determine
how much the Indian account holders are due because of lost
records and mismanagement.
Eloise Pepion Cobell, head of a group that represents
account holders, said the trial is expected to begin in June and
account holders are likely to seek $10 billion in lost funds.
The Interior Department described the judge's ruling as a
victory, saying in a statement it was "gratified that Judge
Lamberth is allowing the federal government an opportunity to
move forward and implement the Department of the Interior's plan
to manage the Indian Trust Funds."
"We welcome the opportunity to prove that the Department of
the Interior and the Bureau of Indian Affairs, with help and the
guidance from the Congress, can move forward from almost a
century of inadequate accounting systems and antiquated record
keeping," the statement said. "We are determined to meet the
challenges and overcome obstacles that lie ahead and we welcome
the continued oversight from the court as we continue to put
plans into action."
Native American Rights Fund lawyers said they were
"comfortable" with the judge's ruling and hopeful the government
would make efforts to correct the problems. The fund is a
Colorado-based, nonprofit legal organization that defends and
promotes the legal rights of Indians.
"I think the judge was fair and has given the government one
last chance to correct the problem," said Mrs. Cobell, a member
of the Blackfeet tribe in Montana. "Let's see if they do it."
Lawyer Keith Harper said he was pleased with the ruling,
calling it a "prudent, judicious approach."
The judge ordered Interior to come up with an accurate
accounting of the trust fund accounts; to provide for the
retention of trust fund documents; and to provide adequate
staffing for trust fund management functions.
Four months ago, he ordered the government to pay $625,000
for the failure of Interior Secretary Bruce Babbitt and former
Treasury Secretary Robert E. Rubin to turn over documents sought
in the pending suit. The records had been requested by attorneys
for the Native American Rights Fund to document how payments were
made to Indian trust account holders.
The lawyers had sought the records and other materials
involving more than 300,000 individual accounts and 2,000 tribal
accounts managed by the Interior and Treasury departments. The
departments manage money from, among other sources, land
settlements, royalties from minerals and other resources, and
companies that use Indian land.
Interior and Treasury officials have been unable to produce
accounting records or statements to verify how much cash has been
collected. An audit by the Arthur Andersen accounting firm said
the Bureau of Indian Affairs could not account for $2.4 billion
in transactions involving the funds.
In February, Judge Lamberth held Mr. Babbitt and Mr. Rubin
in contempt for failing to turn over records in the suit. He
issued the contempt citations after Mr. Babbitt and Mr. Rubin
refused to produce trust fund records, canceled checks and other
documents demanded by the court.
The judge said at the time that he found "clear and
convincing evidence" that Mr. Babbitt and Mr. Rubin, who has
since resigned to return to private business, disobeyed his
order.
However, he said Mr. Rubin's involvement came because he
"totally delegated his responsibility to others and they have
miserably failed to comply with this court's orders."
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Shalom, A Salaam Aleikum, and to all, A Good Day.
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