Matt Volz
$3.4 billion Indian land royalty settlement upheld
HELENA, Mont. (AP) — A panel of appellate judges on Tuesday upheld a $3.4 billion settlement between the U.S. government and hundreds of thousands of Native American plaintiffs whose land trust royalties were mismanaged by the Interior Department.
The ruling means that settlement checks could be mailed to members of the class-action lawsuit within weeks, said plaintiffs’ attorney Dennis Gingold. Further appeals would delay that disbursement, and the attorney for the challenger, Kimberly Craven of Boulder, Colo., said they are considering their options.
The three-judge panel from the U.S. Court of Appeals for the District of Columbia dismissed the challenge by Craven, who had objected that the settlement did not include an actual accounting for how much money the government lost and said that the deal would overcompensate a select few beneficiaries.
But the judges said in their ruling that the government would be unable to perform an accurate accounting, the deal is fair and it is the best that can be hoped for to avoid years of additional litigation.
Craven’s characterization of the settlement as taking shortcuts “is to ignore the history of this hard-fought litigation and the obstacles to producing an historical accounting,” the judges said in their ruling.
The settlement is the result of a class-action lawsuit filed in 1996 by Blackfeet tribal member Elouise Cobell, who died of cancer in October. The lawsuit had originally sought to find out how much money had been mismanaged, squandered or lost by the Department of the Interior, which held the trust money for land allotted to Native Americans under the Dawes Act of 1887.
“Our deepest regret is that Ms Cobell did not live long enough to see this victory,” Gingold said in a statement
The lack of records created a problem in creating an accurate accounting of who was owed what, and the cost of creating such a record for each beneficiary would have cost more than what they were actually owed. After more than 13 years of litigation, the government and Cobell made a deal.
The agreement would pay out $1.5 billion to two classes of beneficiaries whose numbers have been estimated to be between 300,000 and 500,000. Each member of the first class would be paid $1,000. Each member of the second class would be paid $800 plus a share of the balance of the settlement funds as calculated by a formula.
Another $1.9 billion would be used by the government to purchase fractionated land allotments from willing individuals and turn those consolidated allotments over to the tribe. An education scholarship for young Indians also would be established under the agreement.
Congress approved the deal in December 2010 and U.S. District Judge Thomas Hogan approved it after a June 2011 hearing. Hogan said that while the settlement may not be as much as some wished, the deal provides a way out of a legal morass and provides some certainty for the beneficiaries.
As part of the deal, Cobell was awarded $2 million and the three other named plaintiffs were awarded between $150,000 and $200,000.
Craven and others objected and appealed the settlement, claiming the deal creates a conflict between the beneficiaries as some would be overpaid while others would be undercompensated for their claims. Creating a lump-sum award without an accounting creates an arbitrary payout system without knowing who is actually owed what, she argued.
The appellate panel quoted Hogan in saying, “It is hard to see how there could be a better result” than this settlement. Few beneficiaries are likely to have substantial claims, Craven did not provide evidence that some beneficiaries would be underpaid and Congress’ authorization of the deal “carries significant weight and sets this case apart from others,” the appellate court ruled.
Ted Frank, Craven’s attorney, said he believes they correctly argued the shortcomings of the settlement. Frank is considering his options, which could include a request for the full appellate court to review the decision.
“So we’re certainly disappointed, because we believed we were correct on the law, though we understood that we had an uphill battle given the exhaustion factor of a case that had already generated 22 (now 23) published opinions,” Frank said in an email to The Associated Press.
AP Exclusive: ‘Three Cups’ author was overwhelmed
This photo released by the Central Asia Institute on Monday, April 30, 2012, shows Institute co-founder Greg Mortenson, left, with first-graders in a CAI-built shool in Zebak District, Badakhshan Province, Afghanistan, in November, 2011. A federal judge in Great Falls, Mont., on Monday, April 30, 2012 dismissed a lawsuit against Mortenson by plaintiffs in Montana, California and Illinois, calling claims "flimsy and speculative" that the humanitarian and his publisher lied in his best-selling "Three Cups of Tea" and "Stones Into Schools" to boost book sales. (AP Photo/Central Asia Institute, Sarffraz Khan)(Credit: AP) HELENA, Mont. (AP) — “Three Cups of Tea” author Greg Mortenson says the dismissal of a civil lawsuit that accused him of fabricating book passages to make money for himself and his charity confirms his faith in the U.S. justice system.
Mortenson told The Associated Press in an email Monday that he has been overwhelmed at times dealing with the lawsuit, a Montana investigation into the Central Asia Institute and surgery to repair a small hole in his heart.
“At times, facing so much was overwhelming and devastating, however, my attorneys always offered steadfast encouragement to stay positive and keep the high ground, even when subjected to false allegations, vicious name-calling and slander,” Mortenson said.
Continue Reading CloseAPNewsBreak: ‘Three Cups’ author lawsuit rejected
HELENA, Mont. (AP) — A federal judge on Monday dismissed claims of fraud and racketeering against “Three Cups of Tea” author Greg Mortenson as imprecise, flimsy and speculative.”
U.S. District Judge Sam Haddon rejected the civil lawsuit filed by four people who bought Mortenson’s books.
They claimed Mortenson lied in his best-selling books “Three Cups of Tea” and “Stones Into Schools” so that he and publisher Penguin Group (USA) could sell millions of books and raise tens of millions of dollars for the charity Mortenson co-founded, the Central Asia Institute.
Continue Reading CloseMont. high court hears Hutterite labor case
HELENA, Mont. (AP) — The Montana Supreme Court did not immediately rule after hearing competing arguments from a Hutterite colony and the state on whether Montana’s requirement that employers carry workers’ compensation insurance can be expanded to religious organizations.
The Hutterites in rural Montana are fighting state attempts to impose the legislation backed by businesses, which complain they can’t outbid the low cost of the communal workers.
A state judge has already ruled the 2009 law expanding the workers’ compensation law to force the Hutterites to pay for the insurance violated their right to freely exercise their religion.
Continue Reading CloseRural Montana religious colonies fight labor law
HELENA, Mont. (AP) — Religious colonies of Hutterites in rural Montana are fighting the state’s attempts to impose a labor law backed by businesses that complain they can’t outbid the communal workers.
The Hutterites are pacifist Protestant Christians similar to the Amish and Mennonites. They live in communes, don’t pay wages, make their own clothes and produce their own food.
They are mainly agricultural producers but recently have expanded into construction work.
Private businesses backed a 2009 Montana law requiring the Hutterites to pay for workers’ compensation insurance, saying it would even the competition.
A judge in 2010 ruled the requirement infringes on the Hutterites’ religious freedom. Attorneys for the state will ask the Montana Supreme Court on Wednesday to reverse that ruling, saying the law deals only with the Hutterites’ commercial activities.
APNewsBreak: ‘Three Cups’ author mismanaged group
HELENA, Mont. (AP) — “Three Cups of Tea” author Greg Mortenson mismanaged the nonprofit organization he co-founded to build schools in Pakistan and Afghanistan and spent charity money on personal items, family vacations and millions on charter flights, according to an investigative report released Thursday.
Mortenson’s control of the Central Asia Institute went largely unchallenged by its board of directors, which consisted of himself and two people loyal to him, the report prepared by the Montana Attorney General’s office said. When an employee would question his practices, Mortenson either resisted or ignored the person, the report found.
Continue Reading ClosePage 1 of 3 in Matt Volz