Pala Has No Approved Attorney Contracts?

Constitutional Violation?
Impeachable Offense?

BIA FOIA Request for Approved Attorney Contracts by kupa7 on Scribd

1995 Jun 16 BIA Letter Removing Kupa, Cupeno From Constitution and 1996 June 21 BIA Letter Ronald Jaeger

1995 Jun 16 BIA Letter Removing Kupa, Cupeno From Constitution by kupa7 on Scribd

1996 Jun 21 BIA Letter Removing Kupa, Cupeno From Constitution by kupa7 on Scribd

Agua Caliente Tribe of Cupeno v. Michael Black (BIA)

Cupa News #10 and Supporting Documentation

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

To The Honorable Robert Smith

Robert Smith, Chairman of the Pala Luisenos, you owe and must pay, or rather you will make tribal members pay as always for YOUR actions.

11 Oct 2017 Robert Smith Pala Trespass by kupa on Scribd

From the “Unknown” to the “Known”

By Anonymous Guest Blogger (AGB)

"Margarita’s blood quantum depends upon the identity and lineage of her father. The evidence on this issue is somewhat conflicting. For instance, a reconstructed version of the original membership roll lists Margarita as a full-blooded Pala Indian, but a copy with pen-and-ink edits changed her designation to one-half Pala Indian. Likewise, some records indicate that Margarita’s father was “unknown,” but available probate testimony from a proceeding in the 1920s suggests that her father was known, and that he was a full-blooded Pala Indian."

This footnote is from the recent Aguayo decision by the 9th Circuit Court of Appeals. Seems everyone wants to focus on the “UNKOWN” and completely ignore the knowns.

After being forced to research the various families of Pala, San Felipe, Agua Caliente, Puerta La Cruz, Mataguay, San Jose and Los Tules villages, many knowns are now truly known. Even though they are known they are completely ignored when dealing with the facts. 

We now know that Alejandro (Alexander) Barker was a “White” man. This is evidenced by the fact that he was able to vote and record deeds which Indians could not do this at that time. Maria Jesusa Hyde lists Barker as her father and that he was a White Man. This is a known. See Application 1194 of the California Indian Judgment Roll. 

Domingo Moro was a citizen Indian. That is a known. He homesteaded land adjacent to Warner Springs and gave up his rights as an Indian. This is further evidenced by the fact that he did not apply for nor did he receive a land allotment at Pala. Domingo Moro’s Homestead patent number is 25506 and can be viewed on the Bureau of Land Management website. Domingo Moro was not a Warner Ranch Evictee. He had 160 acres of land under his ownership and was either “Homeless”, “Landless” or a “Mission Indian without suitable lands elsewhere.”

We also learned that Nicholasa Lubo was not an Agua Caliente Indian and that she was from Cahuilla. See Application 1241* of the California Indian Judgment Roll. This is also a known fact. The fact that she was married to Domingo Moro made her a “Citizen Indian” as well and she and her children should have never been allotted lands at Pala. She was not a Warner Ranch Evictee because they had their own lands and there was no court order affecting them. The children of Domingo and Nicholasa Moro, Annie, Catherine, and Juan were not Warner Ranch Evictees either and therefore they were ineligible to receive land allotments at Pala. 

Sylverio Nolasquez is the long ignored “KNOWN”. He was a Mexican Indian. See Applications 1256, 1257, 1258, 1259, 1260, 1261 and 1263 of the California Indian Judgment Roll. He was not a Warner Ranch Evictee because he was not an Indian of California. He should have never been allotted land at Pala. 

Now for the big and I mean BIG surprise. Roscinda Nolasquez, see Application 1262 of the California Indian Judgment Roll, the great matriarch of truth and wisdom. The words of Roscinda are gospel and without deception. The words of Roscinda are golden and indisputable. That being said, please take a look at Application 1262 and you will see that she lists her father as Salvador Nolasquez, a Mexican Indian. The information is located on Page 3 at item 15. Now how about that for some real truth? 

It really does make sense since Salvador is listed as being born in 1861 and the next sibling is not born until 1872. It is not difficult to determine that Salvador himself was born in Mexico and that he came to Warner Springs with his father from Mexico. It has to be believable because the great one herself says that her father, Salvador Nolasquez, was a Mexican Indian.  

Another person of interest is Antonio Garra. No one seems to really know where he came from. He declared that he was from San Luis Rey and everyone assumed that he meant San Luis Rey Mission in San Diego County. It is more likely that he was from San Luis Rey, Mexico, and was a Yuma Indian and not Cupeño at all. His descendants always claimed that they were from Yuma. Antonio Garra was probably wrongfully accused, convicted and executed for what is known in history as the Garra Uprising. Yes he did complain about unjust taxes and the seizing of Indian cattle but the record shows that the persons involved in the uprising were from Mataguay and San Felipe. The record shows that there were no participants in the Garra Uprising from Agua Caliente. 

We cannot overlook Remijio Lugo. See Application 1211 of the California Indian Judgment Roll. He states that he was born at Sulphur Springs near Cahuilla. This of course is Cahuilla. He was married to Angelita Barker Lugo. See Application 1206 of the California Indian Judgment Roll. What is interesting is that her sister Mary Barker Calac states that she was from San Ysidro and Cahuilla. See Application 1140 of the California Indian Judgment Roll. Are you confused yet?

It is not that complicated. Remijio Lugo and Angelita Barker were living at Morongo/Malki and were not Warner Ranch Evictees. They should have not been allotted lands at Pala. The Lugos were originally from Puki and Pui and considered Cahuilla. The Lugos were the main participants in the Temecula Massacre. The Lugos were heir to more than 37,000 acres of land which was originally part of the Lugo Ranch near Yucaipa. Juan Antonio squandered away the land and left the Lugos “Homeless”. Even as Homeless Indians, this did not qualify them for re-settlement at Pala. The Lugos went to any Reservation they wanted with the blessing of the United States for a job well done. There is a strong record of favoritism towards the Lugos for their participation in the Temecula Massacre by the United States. 

So how do you sum this entire mess up?

1)  It is not that complicated. The descendants of Domingo Moro have no rights to Pala. 

2)  The descendants of Alejandro Barker need to decrease their Indian blood to match the fact that he was white man. 

3)  Sylverio Nolasquez was a Mexican Indian and his descendants need to decrease their Indian blood accordingly. 

4)  Roscinda Nolasquez, by her own sworn testimony, declares that her father, Salvador Nolasquez was a Mexican Indian. The descendants of Roscinda Nolasquez need to decrease their Indian blood accordingly. Roscinda Nolasquez’s descendants get the double whammy because her grandfather was also a Mexican Indian. That would make Roscinda Nolasquez ¼ Indian of California. Remember that this calculation is based on her testimony and acknowledgement. (Or do her descendants want it both ways now? What do you mean the California Indian Judgment Roll is inaccurate? Really!!!)

5)  Antonio Garra was from Yuma. His descendants should also decrease their degree of Indian blood accordingly.

6)  The Lugos were from Cahuilla and Yucaipa. They were never evicted from Warner Springs. They were living at Morongo/Malki and they should have never been allotted at Pala. 

After we examined all of the California Indian Judgment Roll it was learned that more than half of the applicants from Pala did not list who their parents were or the parents of their parents, in other words, “UNKNOWN”.

All of this means that almost no one from Pala would pass the Robert Smith smell test. He chose to use the 1928 California Indian Judgment Roll to determine the blood degree of Margarita Britten. He did this in violation of the PBMI Constitution which states that lineal descent is determined from heirs of original allottees of Pala. This simple constitutional section forbids Robert Smith from utilizing the 1928 California Indian Judgment Roll in determining eligibility for enrollment in PBMI. 

If you don’t understand what is being said here then here it is in a nutshell. Everything said here does not matter if the PBMI Constitution is followed. It does not matter who Alejandro Barker was or who a Lugo was or who a Nolasquez was. That is the reason the elders adopted those standards so as to protect everyone. 

Can the Genie be put back in the bottle? Yes it can but it is up to the people to do that. If the Genie is not put back in the bottle then future generations will rely upon the records of Robert Smith to disenfranchise, disenroll, humiliate and discredit your future if not present descendants. Robert Smith’s reign of terror will be coming to an end. It will end. Do you feel comfortable with the new standard he created? Is your family safe? No. Your family is not safe. No one knows what power shifts in leadership will occur. It is a gamble for everyone unless we go back to the rules and the intention of the elders to recognize everyone based on the 1895 and 1903 allotment rolls. Anything else is a violation of tribal law. Now that is a real “KNOWN”.

The Robert Smith Enrollment Ordinance must comply with the Constitution. That is tribal law. Tribal law requires that membership shall be determined from the 1895 and 1903 Allotment Rolls. You can look it up. His blatant disregard for the Constitution is grounds for removal from office and he should be. He had several opportunities to make changes to the constitution in cooperation with the people and with the advice of the BIA. He chose to reject “all of the above” and moved forward with his version of the constitution. His version included in his mind the right to determine membership. He is wrong but the people need to tell him he is wrong. It is time to do your homework and understand your own government and its powers. The power belongs to you the people. 

There has to be some humor in all this work. Is this Robert Smith at a Tanty party dressed in drag and just finishing off his personal stash? Is this photo from the vast collection of misdeeds of Robert Smith?

This woman is a Wappo Indian from Northern California. The Wappos were from Sonoma County. Remember that Adolpho Moro was from Sonoma County. Coincidence? I doubt it. There is just too much resemblance. No Warner Ranch Indian here. Indian blood degree should be adjusted accordingly.

“The BIA’s participation in the abuse of the membership at Pala should be investigated and the culpable parties should be prosecuted. They know who they are. We will get the evidence necessary to have them prosecuted. Yes we will. This is not over yet. This will be settled Indian Way and no court or lying BIA agent can protect Robert Smith forever.” Santa Clara Pueblo v. Martinez you dumb asses. You will learn what it really means. You will become “KNOWN”.

9th U.S. Circuit Court of Appeals Ruling

US News and World Report - Court rules for government in fight over tribal expulsions

By SUDHIN THANAWALA, Associated Press

#
The 9th U.S. Circuit Court of Appeals upheld a decision by the federal Bureau of Indian Affairs not to overrule the Pala Band of Mission Indians' expulsion of more than 150 members. The court said the federal agency reasonably concluded that the San Diego County-based Pala were operating under a tribal constitution that gave the tribe ultimate authority over enrollment decisions.

"In reaching our decision, we recognize with regret that plaintiffs will suffer severe and significant consequences from losing their membership in the Pala Band," Judge Milan Smith wrote for the three-judge panel.

But he went on to say that the federal government does not interfere in tribal enrollment decisions "in the absence of specific authority to do so."

Read More Here-->Court rules for government in fight over tribal expulsions

BIA and Bags of Cash

I was asked to post this letter.  I did not write it.

This is the link referenced in the letter

https://www.federalregister.gov/articles/2016/01/29/2016-01769/indian-entities-recognized-and-eligible-to-receive-services-from-the-united-states-bureau-of-indian

BIA Bags of Cash

Agua Caliente Cupeno vs Kevin Washburn Joint Status Report

Agua Caliente Tribe of Cupeno Indians vs. Assistant Secretary Indian Affairs Kevin Washburn Joint Status Report

Agua Caliente Cupeno v Washburn JSR

Kevin Washburn Stepping Down

Assistant Secretary of Indian Affairs (AS-IA) has decided he has had enough.

Head of US Bureau of Indian Affairs announces resignation

By Felicia Fonseca, Associated Press

FLAGSTAFF, Ariz. (AP) — The head of the U.S. Bureau of Indian Affairs announced Thursday that he is resigning and will return to New Mexico as a law professor.

Kevin Washburn, a member of the Chickasaw Nation of Oklahoma, has been on leave from the University of New Mexico since he was selected in 2012 to oversee Indian Affairs for the federal government. He said issues confronting Indian Country, such as youth suicides, have weighed heavily on him, and he wants to dedicate more time to family.

"The responsibilities are just immense, and the challenges are great," he told The Associated Press. "Frankly, it's taken a couple of centuries for the problems to get this bad, and it will take a long time to solve them." [Emph. Added]

Washburn described as recent successes settlements over the bureau's mismanagement of royalties for natural resources on reservations, the reform of leasing regulations, better coordination with tribes and a push for tribes to take over education of their children.

Read Full Article Here-->Head of US Bureau of Indian Affairs announces resignation

Agua Caliente Cupeno v Assistant Secretary Indian Affairs Kevin Washburn

We are Cupeno.  We were forcibly removed by the U.S. Government in 1903 from our village at Kupa which is known today as Warner's Hot Springs.  The U.S. Government bought land for us adjacent to the Pala Luiseno Reservation (Old Pala) in an attempt to replace what we have lost.  They called us Warner Ranch Evictees.  

For too long the Cupeno have pushed around.  It is time for the Cupeno to stand up and be proud of who they are once again.  It is time we stop the Executive Committee of PBMI from continually pushing us around, evicting us, stripping us of our rights, and trying to destroy who we are as a people.

HAPPY VETERANS DAY - YOU KNOW WHO YOU ARE - YOU MAKE US PROUD

Agua Caliente Cupeno v Washburn

BIA Enrollment Specialist Elsie Lucero - Affidavit

Elsie Lucero Affidavit Filing May 30 2012

Robert Smith - Chairman of the Luisenos

It appears Pala has two chairmen - Robert Smith Chairman of the Pala Band of Mission Indians and Robert Smith Chairman of the Luiseno Indians.  Inside Pala, Robert Smith is known as the Chairman of the Pala Band of Mission Indians.  Outside Pala when conducting business such as internet gaming Robert Smith is known as the Chairman of the Pala Luisenos.  BIA Pacific Regional Director Amy Dutschke when conducting business with Robert Smith in 2014 refers to him as Chairman, Pala Band of Luiseno Mission Indians.  The letter below seems to indicate Robert Smith Chairman of the Luisenos is seeking to add more land to Old Pala.

Pala 345 Acre NOD

Cross-Post How Tribal Leaders and Their Cohorts Can Steal Money From Tribal Members

This was posted at Original Pechanga Blog.  This is just an excerpt!  There's more here:  Full Article How Tribal Leaders and Their Cohorts Can Steal Money From Tribal Members

How Tribal Leaders and Their Cohorts Can Steal Money From Tribal Members

A first entry from guest blogger Free Range Indian is a piece on how tribal members can get bilked by tribal leaders and the gaming business entity for the tribe.  A primer of what can happen.

How do Tribal Leaders and Their Cohorts Steal So Much Money FROM YOU

First of all let us understand that even a trained monkey can run a casino. There is no genius involved. You put a machine in the middle of the floor. People put money in it. You collect the money. It is after the money is collected that the problem begins. One rule to remember here, Crooks go where the money is. It is very hard to be a thief when there is nothing to steal.

he first order of business is the development of policies that favor theft. Re-written constitutions and ordinances that only your attorney can understand and what they understand is that you have surrendered all you authority to them. Adoption of Management Agreements that are designed to get around the provisions of the Indian Gaming Regulatory Act (IGRA) If there was ever a piece of legislation that legalized theft in Indian Country IGRA is it. IGRA is responsible for so many violations of the Racketeer Influenced and Corrupt Organizations Act (RICO) because it does not provide for real oversight, investigative powers and authority or enforcement over Indian Gaming. By the time the attorneys and lobbyist were done with IGRA it was full on open season in Indian Country.
So let’s get down to the nitty gritty then. 

How does the theft occur?

Manipulation of definitions as to what Net Profit and Gross Profit mean are the first order of business. Any time you question what the net earnings were for your casino there is never a straight answer and you are deemed as stupid for not understanding the financial report. So you have an Indian Gaming Authority (IGA) approved Tribal Revenue Allocation Plan (TRAP). It is supposed to protect you from dishonesty and allow equitable distribution of revenues in a manner approved by the Tribe.

So which is it? Is your share of the profits from the net or the gross? In a perfect world all of the revenue earnings of the casino should be deposited with the tribe then the casino asks for an approved operating budget for monthly or quarterly operation of the casino. What is left is the net earning and it is from these net earnings that the TRAP funds are derived.

What is the real life situation? Some Tribal leaders allow the casino management to determine how much money is sent to the Tribe as net profit. If management was truly greedy they would just expense you out every month and you would receive nothing. But they know they can’t do this and get away with it for very long.

You alone are responsible for what comes next. Management, along with corrupt tribal leaders, gaming commissions and accountants begin a systematic testing of what makes you happy. How much money makes you happy. They start with a number that is low and will keep it there if you never challenge them. You know that according to your TRAP you are entitled to 40% of the net earnings. (40% as an example). The math is simple. If your casino has a net of $20,000,000 per month then your monthly per-capita should be $8,000,000 and then divided by the number of tribal members of the tribe. If there are 1,000 members in your tribe this should equal a payment of $8,000 per month. But you are only receiving $4,000 a month. What happened to the other $4,000? More realistic, what happened to the other $4,000,000?

What happens after you discover the discrepancy and how it is corrected is now your responsibility. This is where the lies and cover up begins. We have heard every excuse and reason imaginable as to why your per capita is not what it should be.

New construction is probably one of the easiest ways to manipulate casino revenues. Is your casino stuck in continuous construction, remodeling and upgrades? Do you really need it? The real question is why is the cost of construction coming out of your per capita when it should be coming out of economic development. Even more the question is who authorized the new construction and the source of funds?

 Full Article How Tribal Leaders and Their Cohorts Can Steal Money From Tribal Members

1989 - American Indian Activist Russell Means testifies at Senate Hearing

 

 

 

Also in the news:

 

 

http://indiancountrytodaymedianetwork.com - Rick Cuevas : A Rebuttal to Duane Champagne's Recent Piece on Disenrollment 

California Sues Paskenta

Lots of news breaking relating to Paskenta.

Here are the headlines:

appeal-democrat.com State files suit against tribal factions

Chicoer.com - State sues Paskenta Nomlaki, seeking retaining orders; cites threat to health and safety

krcrtv.com Sides react to state lawsuit against Paskenta tribe

krcrtv.com The cost to keeping the peace at Rolling Hills Casino

krcrtv.com Federal judge issues restraining order in tribal dispute

courthousenews.com Tense, Armed Standoff at Indian Casino

redbluffdailynews.com Kiley Willard: Observations on tribal split

In Depth Article:

indiancountrytodaymedianetwork.com Epic Paskenta Dispute Continues Despite BIA Cease and Desist Letter

***WARNING***

Chairman Robert Smith, Chairman of the Pala Band of Mission Indians, Pala Band of Luiseno Indians, Pala Band of Luiseno Mission Indians of the Pala Reservation, is monitoring your comments.  He is going to track your IP address and "take action" against any tribal member posting comments he does not like.

February 24, 2012 BIA Recommends That Pala Reverse Its Disenrollment Decision

On February 24, 2012 the BIA recommended to Pala's Executive Committee that it reverse its disenrollment decision.

24 Feb 2012 BIA Recommends Reversing Pala Disenrollments

1928 Applications Requested by Robert Smith

13 July 2011 Robert Smith Request 28 Applications for Brittain Descendents

Emergency Meeting Update

I know many people have been asking how the Emergency Meeting went yesterday so I wanted to provide a brief update.  The meeting went very well and was very peaceful.  There were no disturbances and know that the meeting was well documented.  The conduct of the meeting was a breath of fresh air.  From what I was told people were allowed to ask questions and speak freely.  There was no intimidation or threats.

There is going to be a flood of misinformation being put out there probably even as I type.  Know that nearly 3 times the required numbers for a quorum of enrolled members signed into the meeting.  The rest of us that were in the vicinity of the meeting did not participate in the meeting but were there to support our family - our Mothers, Fathers, Cousins, Aunts, Uncles, Grand Parents etc.

I did not participate in the meeting so I cannot give any detail as to what exactly happened.  I can say the items on the proposed agenda passed.  If you did not see the proposed agenda you can read it here.

For those that did not attend I would say reach out to your family and friends that were there and ask them for details.  We need to support each other through this process and it will be a process.  It is not going to happen overnight.  There will also be a lot of work to do.

United We Stand - Divided We Fall.  A piece of string on its own is not very strong.  But weave many pieces of string together and you form an unbreakable rope.

It has been said Robert is going to run to the BIA first thing Monday morning to cry to them about our meeting.  I find it odd that Mr. Tribal Sovereignty is now going to go ask the BIA for help.  Robert refused to listen to the BIA when they recommended we be reinstated but now that a duly held Emergency Meeting of the General Council was held all of a sudden Robert - Mr. Tribal Sovereignty himself - wants help from the BIA.  What has the BIA been telling us for two years?  "It's a tribal matter, we're not getting involved."

Please talk to your families.  Reach out to other families.  Those of you that were there please reach out to others.  Don't let people get away with spreading their lies, gossip, and rumors.

A tribal member yesterday shared with me this story on the power of fear:

The Power of Fear

Legend has it that an old dictator, when he knew that he would soon die, picked two men whom he felt he could trust as potential successors to his throne. As he lay on his deathbed, he summoned the two men and asked his servant to bring him two birds.

When the two men came to his deathbed, he said, “I have called you here to see which one of you is worthy to be the heir to my throne. In order to prove yourself, you must take one of these birds and make it remain in the palm of your hand for five minutes without killing it.”

One of the men took a bird from its cage, but he held it so tightly, he suffocated it. The other man, determined not to make the same mistake, took out the other bird and held it firmly but made no attempt to restrain it. Therefore, it quickly flew away through one of the room's windows.

“Fools! I will show you how to do it properly,” said the dictator. “Bring me a bird!” he ordered his servant.

When the servant came back, the dictator took the bird, plucked out all of its feathers, then held the bird in his hands. The bird was now shivering without its feathers to warm him, and although he was unmistakably terrified, he did not fly away.

"Do you see it? It is now helpless. It is terrified. It is freezing. It is vulnerable. I have stripped it of everything, and now it is thankful for the warmth I am giving it in the palms of my hands," the dictator said.

The legend ends here, but the assumption is that this is how the dictator controlled his people—by taking everything away from them, then making them feel thankful for his protection. He essentially got those people to “play frozen,” just as the bird was “playing frozen” in his hands.

And he was able to take advantage of an emotion that all animals and human beings have. This emotion is fear. It is particularly important for autistic children, because fear is their primary emotion. And when you strip them of everything they value in an attempt to change them according to your values, as in an intensive behavior program, you are unconsciously using the control technique of that old dictator and relying on the child’s fear and helplessness to bend him to your will.

There's also a version of the story attributed to Josef Stalin

*NOTE:  The service I use (scribd) to post documents is down right now.  It's been down for several hours.  This has happened before and usually service returns after a while.

Off Reservation Casino Proposal Crosses Another Milestone

Desert Dispatch.com - Casino's final impact statement released

BARSTOW • A proposed $160 million casino and resort off Lenwood Road near Interstate 15 has been cleared of any major negative impact on the environment by the U.S. Department of Interior.

The final environmental impact statement released Friday, which must proceed through a 30-day comment period, represents a major hurdle cleared in the 12-year effort to build the complex with 57,000 square feet of gaming space.

The Los Coyotes Band of Cahuilla and Cupeno Indians has been seeking to build the casino on about 23 acres of land near the Tanger Outlet mall for years.

Read More Here - Desert Dispatch.com - Casino's final impact statement released

See Also:

Barstow Casino Development Takes a Giant Step Forward