Cupa News #10 by kupa7 on Scribd
1995 Apr 18 BIA Arlene Lacy Doc 37702-P5 by kupa7 on Scribd
1995 Aug 11 BIA Michael Smith by kupa7 on Scribd
1996 Feb 2 RS to RJ PBMI Constitution by kupa7 on Scribd
1996 Nov 13 BIA Francis Muncy by kupa7 on Scribd
1997 Dec 23 PBMI Constitution Needs Majority Vote by kupa7 on Scribd
39 comments:
What does all of this mean? Is this helpful to our case?
This means that Robert Smith not only robbed you from your membership but put the entire Tribe in harms way.
He and Nieto lied and forged so many documents to be able to get rid of Willy Pink and King Freeman that they showed no concern for the Tribe as a whole.
You need to go around and talk to the other members and show them the proof of what they did in order to disenroll you and what they can do because of this to other members of the Pala Band if they want them out.
Don't be afraid of what Robert and Nieto say, they have already done so much damage to you and your family and need to be held accountable for their actions.
The more members that you can convince to the fraud and illegal actions of Robert Smith and Theresa Nieto the better chance you will have.
Smith has many spies that he pays out there so be real careful who you trust and talk to.
Good luck and may the Creator guide you and keep you safe.
The enrollment issue is a bigger issue than just disenrollment. Sure disenrollment split the tribe into factions, people do not get along, politics and corruption is being debated and discussed. But, the reality is that in 2 to 3 generations there will be no more enrolled members unless they start intermarrying within the tribe. The way things are now, people do not even get along let alone try to find someone you can marry and have children with on the reservation. A solution would be to go like Pechanga, continuous lineal descent back to the original Kupa village and the people who came down with them to Pala. If that was ever discussed, it would not matter who was disenrolled or not, or who has blood quantum or not, because everybody would be included, and then the focus would be not on who belongs and why, but fixing or enhancing the political-economic issue of the tribe.
Pala is Luiseno now, not Cupeno. Robert Smith let the BIA assign a tribal affiliation to a Band that was an Association of two main groups.
@12:36, good idea but Pechanga disenrolled proven lineal descendants, so the rules obviously only apply to non-leaders. And maybe you thought the disenrollments were just about splitting the tribe, but to the disenrolled what happened to them is exactly what you are scared of happening. Everything was taken from them, everyone is against them, their identity of what they have known their whole life was thrown in their faces with all of their rights destroyed by four people. Many of them lost their homes, they all lost their healthcare, and their per-capita, and they were put into a state of immense depression, but because it was not you, then it was not the important thing here, right? except that you are now worried about blood line going away, so now it is important.
@4:20pm
What the hell are you talking about? You make no sense. I suggested, since Pala has an easier burden of proof of proving liberal descent, a different approach to understanding who belongs and who does not, to maybe fix the problem now and not leave it for our grandkids or greatgrandkids. Obviously you want revenge, you would rather disenroll all the people who you think don't belong and drag this shit out another 2 or 3 generations. Good luck with that. The other option is to do nothing, leave everything the way it is except kick out all the people you want out. Great solution.
@5:17 where in that comment does it say that I want anyone disenrolled ? Talk about putting words into someones comment, wow. I want things the way they were. What I am saying is that it does not matter what the people think will work or help, Robert will do whatever he wants, he does not follow the rules of the tribe, those rules are not for him, everyone knows that and Mark Macarro is the same way, so lineal descendency can only work with good honest leaders. Robert has stolen the Brittain family lineal line, he is trying to erase it altogether. And the Brittain family will never ever just do nothing, they have been working on fighting this since it happened, every angle they can approach this problem, unfortunately the odds are stacked against them and it does not help that their own people, their own relatives, do not stand up for them. If you think you can change Robert's mind to let this idea be discussed in a meeting, then please get it on the agenda. That would be the first step.
To Robert Smith,
Could you ever do the right thing and reinstate the disenrolled? I know to you the matter has been closed but until the entire matter is fairly handled and the victims (because that’s what they were with the way it was handled) get a fair chance to put their evidence against the evidence used to disenroll (which has never been brought forward) them. I know you are smart enough to realize you and Nieto are the main ones keeping some Pala members out and when you are no longer in power and the disenrollments are looked into they will be reinstated and by that it will be known you disenrolled for any reason other than enrollment requirements. There has been enough documents passed around and shown online since the disenrollments to where most of us members know the truth or have questions about what went down and most of us believe the disenrollments were wrong and illegal and should be corrected. Now are you going to be the one to fix this mistake or just keep allowing Pala tribal members to suffer for your stubbornness until you are out of your position and the the members are brought back? It’s never too late to correct a wrong and to make Pala a happier place and end the bitterness and hate between the members. The future is long and you will not always be around and making enemies with people that will not forget and maybe take it out on your family one day or after your gone cannot be what you want. Or do you really not care that much about the members or your relatives future. You have opened pandora’s Box for future EC’s to disenroll at will and who knows who that could be. Reinstate and put a permanent end to disenrollments except in cases of falsifying or lying on enrollment applications.
Mr. Robert H. Smith will never do the right thing because he is not a man.
He wants things his way or o way. He could care less what happens after he is dead and buried in Gregory Canyon.
He doesn't give a shit about his Daughters future either.
Knowing that someday they will have to answer for what he did to the Tribe because of his hate for Willy and King the Tribe as a whole is the party that is suffering.
The best bet for the Tribe is to get him out be vote or by force.
I say take him out by force and be done with whole mess.
He is to stubborn to do the right thing.
Even if the other members of the EC wanted to fix this issue Robert would block them somehow.
The one and only way is to get rid of him one way or another.
Killing him is not good enough for him.
He needs to suffer and be made to see what he and his corruption has done to the Pala Members.
Demand that action be taken against him and his gang and have him relieved as Chairman and force an AUDIT on all financial issues concerning the Pala Band. This would prove his and Nieto's corruption
and maybe he would go to Prison along with Nieto.
He has taken so much of the Bands money for his and his Daughters personal use and he needs to answer for it and serve his time like a real man.
Then if that doesn't work then kill the fucker.
It would be easier to kill him and no one would even complain about it.
He is an easy target.
He thinks he is safe from harm but boy is he wrong.
He would be very easy to take down and so would Nieto.
Just run either of them off the Temecula grade when they least expect it and bam it's all she wrote.
I doubt that there would be very many members at his and her funerals
only the ones that will miss the extra money that they got when he and Nieto were in charge.
Your Chairman down in Pala makes Donald Trump look like an Alter Boy.
Here is a big question for the General Membership down in Pala.
?- With all of this documented evidence at the Government offices
why are you people not acting on it?.
If you really want things to change for the better for your Tribe you need to take some kind of action to make that change.
There is so much documentation on here that is verified info
through the U.S.Government that you are the ones that are holding up the needed change for your Tribe.
The only thing that is holding up the change is you.
You need to act soon before the current EC decides that you need to be disenrolled in order to have extra money for their own agenda.
If you think that that is not a possibility you better rethink that
because the current EC is being run like a dictatorship.
You all need to act on all of this evidence before the current EC finds a way to change it all and claim it was all just an error on the part of the BIA.
I have never seen so much evidence to support the truth of lies and corruption in my entire life.
If an outsider like 7:17 can read and understand the posted evidence and make a reasonable decision on the evidence why can't you Tribal Members do the same thing.
You don't need a college degree to understand the evidence just common knowledge.
We want the FEDS to take action on Smith and Nieto.
They do not deserve to be just let go from the EC, they need to pay for what they have done to Pala.
If they are just taken out of the EC by vote what will happen to all the missing money that they stole from the Tribe.
They need to be held accountable.
Not just a slap on the hands.
The only two things that will satisfy the people is either they go to Prison or die.
Prayers for King Freeman from Pala.
He is said to in the hospital and not doing to well.
It is unknown what the illness is but word is that he is not doing well at all.
Robert Smith is probably planning a big party at the Casino to celebrate Kings illness.
BREAKING NEWS
Someone who knows for sure about certain issues in Pala that is not a Tribal Member says that the DOJ and the FBI are very close to obtaining arrest warrants for certain people sitting on the Pala
EC Board.
Just waiting for the indictments to be signed of which only need two more signatures.
PS
I think that it has to do with forging Government documents from what I understand, but that in it self cares a pretty good term in the Federal Prison system.
Also misuse of federal grant monies.
If true it would confirm the allegations I made six years ago. PBMI receives targeted grant funds, and submits forged spending reports that show the funds are used for their targeted purposes. However, the EC never includes federal funds in the financial reports provided to the GC and my allegation is that federal funds are used by the EC for discretionary spending. Gaming revenue is used for administrative purposes and discretionary spending, while federal funds are extra money that the GC doesn't know about.
It has been a shell game played for years shifting funds to whatever use Smith wants and reporting that all was used in accordance with specified requirements.
I wish the FBI would hurry up.
My source said that the EC deposits the Grant monies into a general fund so that it can be used where the EC desires.
Just like all the grants that they receive for road repairs and road
up keep, it never get spent on the Reservation roads.
And if you take a look at the yearly budget items there is always money being requested for road up keep even though the Tribe already received grant money for that purpose.
The Reservation is full of pot holes and pot heads.
All thanks to Robert Smith and his evil EC.
I have noticed big spending from the EC members like cars and trucks by the leaders family members.
Yes, a general fund for discretionary spending. The law requires a separate accounting for each specific grant. In order to be compliant the grantee mus to track the funds and document how they were spent. This is nearly impossible to do without separate accounts. A general fund does not provide specific tracking of appropriation and disbursement on a grant by Grant basis.
There were many grants that Pala received that were specified grants
for things that were needed in Pala, like energy grants, road improvement grants, wildlife grants, water grants, education grants,
and many other grants.
Not one of these grants were deposited in a special grant fund account.
They were all deposited in a general fund account. Some at Wells Fargo
and some at Cornerstone Bank all accounts were listed as General Funds and neither of the accounts required a duel signature on the checks that were written, only signature required, either Robert H. Smith or Theresa J. Nieto
Looks like King Freeman and Willy Pink were right after all and that's why Theresa J. Neito made the motion to disenroll the Britten Family.
However she didn't realize that she put her whole family on the chopping block because of her lies and corruption to get what she wants.
There is plenty more to come soon about the 4:05 post.
AGAIN THEY FUCKED WITH THE WRONG FAMILY BECAUSE UNTIL THEY DO THE RIGHT THING AND RE-ENROLL THE BRITTEN FAMILY WE WILL NOT GIVE UP UNTIL THEY ARE IN PRISON OR DEAD.
very good info but who is going to file a complaint against them, Amy Duschke.
That's probably as far as it will go because she won't take the chance that smith will turn on her if he doesn't get his way.
She, AD is just as corrupt as smith and nieto.
Why did PBMI pay for the fencing at Goodpastures property on Pala Temecula rd.
Maybe that property does belong to Robert Smith after all.
To ALL ADULT MEMBERS OF PBMI.
All of this evidence that shows that the EC has done wrong to the Britten family is
overwhelming and needs to be taken care of ASAP.
This is just one example of the EC using the power that they have taken from the General Membership and used it to hurt a family that belongs on the Tribal Rolls.
Who is to say that the EC will not do the same to another family that they feel does not support their agenda.
You can't believe a single word that comes out of the mouths of your Chairman and
for sure not from Theresa Nieto either because she lies about everything that she does.
I have more respect for dried up dog shit than I do for either one of these people.
Sooner or later the dog shit stops smelling, but their lies and corruption linger on and on.
You better take some sort of action before they decide to use it against another family or even yours.
Get the Tribal Rolls fixed and put this family back where they belong.
You may need this familys vote some day to save your own.
What ever happened to the money that was voted on to start the grape vineyard off of Magee rd.
What ever happened to that project.
Was it just another way to get money for their own agenda AGAIN.
This is the last paragraph of the B.I.A , Dept of Interior recommendation letter on the Brittains disenrollment by Smith and Nieto that was sent to the disenrolled and the Pala EC. After receiving this letter you would think the EC wouldn’t go through with the disenrollments since there was obviously NO REASON or EVIDENCE to support it. What reason did smith/nieto use that they wouldn’t provide to the BIA of the tribal members???? Also when Smith was asked by Christy Fajardo during the news report on Pala disenrollments his answer when asked “why not show those documents” his response “again we shouldn’t have to show anyone” what about the tribe they want to know why?? Remeber many Brittains are still enrolled members. **Section 8 of the enrollment ordinance, however, permits the Regional Director to provid informal recommendations on the executive committee’s actions. Based on our review of the documents provided by the individuals requesting review and the records in our office, it is our recommendation that these individuals remain enrolled with the Band AS THERE WAS NO EVIDENCE PROVIDED TO SUPPORT THE DISENROLLMENT OF THESE INDIVIDUALS. Therefore, our recommendation to the Band is to continue to recognize the membership status of the individuals affected by the February 3, 2012 executive committee action.
Letter dated/received July 13, 2011 Robert Smith received a letter from Dept of Interior per his** requesting information for enrollment applications for the following individuals on 1928. Agency receipt of this letter was June 27,2011.
The individuals for this request were named as follows:
1. Vivian Trujillo Banks
2. Esperanza Brittain Trujillo
3. Fildeo and Defredia Trujillo Magee
Enclosed are copies of the 1928 applications from the 1928 California roll of Indians. Please be advised these applications do not denote tribal membership of enrollment. “That’s because Pala cannot use the 1928 California Indian rolls for enrollment purposes and the dept of Interior reminded smith of this. He requested these June 2011 and had the first disenrollment July 2011.
There is also a ducument between Stan Mcgarr “Pala Secretary at the time” and Barbara Gonzales-Lyons Vice-Chair of Cahuilla where Barbara was requesting Margarita Brittain and her children’s blood degree for enrollment of their members that have Brittain blood.
**The Pala Allotment Roll (PAR) approved by the secretary of Interior November 3, 1913 and the Pala census (PC) for the year 1919, show Margarita Britten to be of the following:
1. Female, (PAR), (PC)
2. Village, Kupa (PC)
3. 4/4 Degree Indian Blood (PAR)
4. All children to be 1/2 Degree Indian Blood (PAR)
The (PAR) and (PC) are acknowledged by the Pala Band of Mission Indian Tribe to be true and the tribe agrees with the degree of Indian blood in these records.
There is also a letter written and signed by Robert Smith that states that Margarita Britten was 4/4. I can't recall who it was written to.
Maybe to Mrs. Hilton I don't remember but I know it was written.
I will look through my records and see if I can find it.
If the BIA wasn't so corrupt themselves they would tell the EC to correct their Rolls and be done with it.
But they keep using the excuse that they can't get involved the status of the rules placed by Congress and the treaties.
Which in my opinion is just an excuse and bullshit.
They seem to forget the treaties when it comes to protecting all Native Americans.
Why wait for outside help when all it would take is for the General Membership to go to a meeting and demand that all the disenrolled be placed back on the Tribal Roll and no more disenrollments are to be made without the vote of the entire adult membership.
Take back your power and make the EC a monitoring board for the Tribe
not a law making board.
If this Tribe is still Governed by the Articles of Association there should have never been any disenrollments.
Because under the Articles the EC does not have the power to disenroll anyone.
The U.S Federal courts made their decision based on the Constitution being legally adopted.
The outcome would have been different if they new the truth.
The BIA along with the Band bold faced lied to the Courts about the Constitution being adopted and the dates that it became legally adopted by the BIA.
According to some of the above post the BIA recommend that the Britten family be put back on the Pala Tribal Roles.
Why aren't they doing something about the Pala EC not listening to them instead of lying about the Constitution being legally adopted and backing the EC.
Why don't they just spell out the truth for the entire world to see in black and white and expose these corrupt Tribal EC's for what they really are instead of covering up for them.
The BIA can use their Government to Government status to do something to help the people that are being abused by the Pala EC and others.
The BIA is nothing but a fraud put there to collect corrupt money for their own pockets and they don't give a rats ass about what is right or wrong.
What is the real purpose of the BIA anyway, does anyone know.
Nobody is disputing a tribes sovereign right to determine its own membership which means a tribe can set the criteria for enrollment and then every member must qualify based on the enrollment criteria. In Pala that’s not what’s happening and the BIA should be able to step in and not trample on Pala’s right to determine its own membership. You see Soboba, Cahuilla, Morongo, and Pala all enroll Margarita Brittain descendants but only Pala enrolls with MB listed as 1/2 Cupeno and the other 3 tribes enroll with her as 4/4 Cupeno the way it has always been. So even tho a tribe can determine the qualifications for enrollment who determines natives blood degree?? Isn’t the BIA suppose to be the record keepers of all natives and have a central data base where each original allotee and every native has their blood degree on file? This should be the final say on natives blood degree and then each tribe can enroll members using whatever qualifications they like but all have to use the same data base for Native Americans blood degree. Pala has enrollment qualifications which are a direct descendant of an original allotee in the 1895 or 1913 rolls and at least 1/16 Cupeno. In order to make the disenrolled not meet these qualifications they lowered Margaritas blood degree and never gave the tribe or BIA a reason why??? So the BIA is not interfering with Pala’s enrollment by demanding they list MB as FULLBLOOD like the BIA,Dept of Interior records state. They are not telling Pala to change their enrollment criteria just that they have to be correct and accurate when using natives blood degree and lineage. A birth certificate and census is not something you can just change it is fact and every tribe should have to use the correct data. Imagine your state Governor made a law that only Mexicans can live in California. That is California setting the rules for who can live in their state (like a tribes membership). Your mom is Mexican and your dad is white so you could live in California but then the Governor says no your not Mexican your only white you need to leave the state. Even tho you have documents and census records stating your race over the years the Governor doesn’t have to accept it or even look at it. Or he does look at it and says this is incorrect you are only white not Mexican so you need to leave California. Same thing that is happening in Pala. If the Federal government said its California’s choice to decide who can live there and they can’t interfere. The Federal government isn’t really interfering in California’s law by looking at your records and telling California you are half Mexican and it is a fact so they need to list you as such. Now then if California has to except the truth that you are Mexican and can stay in the state then it is also their right to change the law so that only Irish can live in the state and the Fed’s can’t intervene that is California’s right. As long as they use the correct census for every person and not change them to suite their needs like in Pala.
Something for you Tribal Members to think about in Pala.
If Robert Smith and Theresa Nieto got away with the disenrollments like with the Britten family they can and will do it again.
You enrolled Members need to put a stop to this bullshit ASAP before they have a chance to do it again and hurt another family that does belong as members of the PBMI.
As soon as they feel comfortable that they are safe they will go after another family, just like some of the other Tribes have done up in northern Calif.
This is not something that should go on and not be dealt with.
It's all real and you should take action and fix the wrongs of the EC and make sure that the EC and their supporters can never do this again or you and you family could very well be next.
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