WHO ARE THE SELLOUTS ON THE BLACK HILLS SETTLEMENT MONEY November 18, 2013 by Ann-erika White Bird In September an Oglala Lakota delegation met with attorneys of the Texas-based law firm Susman Godfrey L.L.P. in Washington, D.C. for three hours to discuss the possibility of a court case relating to sequestration and the 1877 Black Hills taking. The law firm responded with no interest in engaging in a lawsuit but would work toward obtaining the 1.4 billion dollar Black Hills settlement. Susman Godfrey recently retracted their proposed retainer. In the nine page retainer agreement, Susman Godfrey spells out their requirements: a 20 million dollar flat fee, 20 percent of any settlement including a 20 percent interest in any land that might be returned, $50,000 due upon the signing of the agreement with the ability to request another $50,000 with a 30 day notice, $250,000 in expenses with the ability to request another $250,000 with a 30 day notice, and payment for any contracted services directly. Any non-payment of up to $100,000 for over 30 days gives the law firm the right to withdraw as council. Susman Godfrey law firm does not adhere to conflict of interest law. It gives itself the right to represent the Nations as well as anyone else who happens to decide to sue any of the Lakota/Dakota/Nakota Nations at any point during the course of the contractual relationship. Of concern in the Oglala Sioux Tribe’s retainer is the clear intention of the attorneys, and if this retainer had been signed, the Oglala Sioux Tribe, to focus on taking the Black Hills money. The attorneys do not intend to file a lawsuit under the Black Hills Act of 1877. Instead, they want to “mediate the Black Hills dispute (and the accompanying billion-dollar fund)”. Only one small paragraph in nine pages refers to land. The title of this paragraph is “noncash settlements” and states that if land were to be received, the attorneys involved would either get a cash equivalent of their portion or “an undivided interest in the property” equal to their 20% share of any settlement. The land, if any were returned, would no longer belong to the federal government or non-Indians, but rather the original and rightful owners AND a law firm in Texas. According to a copy of a proposed, uncertified resolution, representatives from the Oglala Sioux Tribe, President Bryan Brewer, Paul Little, Irv Provost, Stanley Little Whiteman, Ruth Brown and Barbara Dull Knife are named members of a committee to work with the law firm. In an Oglala Sioux Tribe Committee Action, a Motion was made by Paul Little, Seconded by Craig Dillion to forward as a two thirds item to the tribal council continuation session slated for November 5, Resolution entitled: to approve a contingent fee agreement with the Susman Godfrey Law Firm of Houston, Texas to assist the Oglala Sioux Tribe in setting up negotiations with the United States Government to mediate outstanding disputes relating to the Black Hills Claim. Motion carried with six for and one not voting [Cross]. Of note, the resolution and the accompanying retainer make it clear of the legal requirement for other Nations of the Lakota/Dakota/Nakota be involved in hiring the same law firm to work together to obtain the Black Hills money. Legally, only the original named defendants of the claim can be part of making any decisions on the settlement. The nature of the “mediation” planned by Susman Godfrey requires joint representation. Cheyenne River Sioux Tribe, Crow Creek Sioux Tribe, Flandreau Sioux Tribe, Fort Peck Sioux Tribe of Montana, Lower Brule Sioux Tribe, Rosebud Sioux Tribe, Santee Sioux Tribe of Nebraska and Standing Rock Sioux Tribe. However, in a potential strategic move by the Oglala Sioux Tribal Council, their resolution asks for other Nations to participate in the mediation: Lower Sioux Community, Prairie Island Sioux Community, Shakopee Medwakanton Sioux Community, Sisseton-Wahpeton Oyate, Upper Sioux Community and Yankton Sioux Tribe. Though these tribes may have a spiritual interest in the Black Hills, they are not part of the settlement and have nothing to lose. Aside from having no legal voice or the ability to directly be involved, the Oglala Sioux Tribe’s president and council’s plan may be to appeal to the above-named tribes to manage the bills that will generate upon the signing of the retainer agreement with Susman Godfrey. COMMUNITY RESPONSE Lakota Advocates hosted a meeting on Sunday, November 17, to discuss the Oglala Sioux Tribal Council’s move in reopening the Black Hills Claim. Lakota Advocates, a grassroots organization, consists mainly of elders, and is comprised of ex-chairmen, ex-council representatives, lay advocates, and activists. Over 75 members from all nations of the Oceti Sakowi traveled to visit the Cheyenne River Sioux Tribe to take a stand against taking any portion of the now 1.4 billion-dollar settlement of the Black Hills claim. The Black Hills are Not for Sale was the unifying position during the three hour meeting. In attendance were members of the treaty councils: Dwayne Good Face-Lower Brule Sioux Tribe; Homer Whirlwind Soldier, Darrell Marcus Kills in Sight-Rosebud Sioux Tribe; Izzie and Delbert Zephier-Yankton Sioux Tribe and Melvin Garreau – Cheyenne River Sioux Tribe. Darrell Marcus Kills In Sight, Rosebud, challenged President Bryan Brewer to visit every reservation and explain himself regarding this Black Hills issue. Robin LeBeau, council representative for Cheyenne River Sioux Tribe, was the only council representative present. She took a vocal stand in uniting the Pte Oyate against taking the Black Hills money
Posted on: Tue, 19 Nov 2013 00:43:18 +0000
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