General Memoranda

A subscription based service produced weekly by Hobbs Straus, General Memoranda cover a wide range of topics detailing developments in Congress, the Executive Branch, and many federal agencies that impact Indian Country.

For subscription information, please contact memoranda@hobbsstraus.com.

• GENERAL MEMORANDUM 10-011
  Steve D. Osborne, 01/22/2010
  Court Holds Bond Security Agreement Void for Lack of NIGC Approval
  
    A federal court has ruled that a trust indenture agreement securing $50 million in bonds issued by a tribal corporation is a "management contract" executed without the approval of the National Indian Gaming Commission (NIGC), and thus is void and unenforceable.  On January 11, 2010, the U.S. District Court for the Western District of Wisconsin issued an opinion explaining its order of January 6 in Wells Fargo Bank, N.A. v. Lake of the Torches Economic Development Corp.<¹ Because the agreement was void, the tribal corporation's waiver of sovereign immunity was not valid, so the court dismissed the case for lack of jurisdiction, thwarting the bond trustee's motion to appoint a receiver to take over the corporation's finances.
  Download entire document   Read more
• GENERAL MEMORANDUM 10-008
  Tonya A. Davis, Marie Osceola-Branch, 01/15/2010
  Department of Justice Directive on
  Tribal Consultation and Planning at the U.S. Attorneys' Offices Level
  
    On January 11, 2010, U.S. Attorney General Eric Holder issued a strong directive to all U.S. Attorneys serving in districts containing "Indian Country" regarding an additional component of the Department of Justice's Indian Country Law Enforcement Initiative.  The directive (also referred to as a memorandum in Department of Justice materials) provides guidance regarding tribal consultation, prioritizes the investigation and prosecution of violence against women and children in tribal communities, and requires the development of district-level operational plans designed to improve public safety. 
  Download entire document   Read more
• GENERAL MEMORANDUM 10-002
  Vernon L. Peterson, Geoffrey D. Strommer, 01/08/2010
  Ninth Circuit Rejects Disenrollment Challenge Based on ICRA Habeas Corpus Provision
  
    On December 22, 2009, the Ninth Circuit Court of Appeals issued a decision in the case of Jeffredo v. Macarro, affirming a district court order denying a petition for a writ of habeas corpus under the Indian Civil Rights Act ("ICRA"), 25 U.S.C. § 1303. The petition had been filed by several individuals ("Appellants") disenrolled by the Pechanga Band of the Luiseno Mission Indians ("Pechanga Tribe" or "Tribe"). The Tribe disenrolled a number of its members for failing to prove lineal descent from original Pechanga people, a requirement of the Tribe's constitution. The Tribe followed disenrollment procedures that provided notice and opportunity for a hearing and appeal to the full Tribal Council.
  Download entire document   Read more