Gingold: Cobell settlement will provide legacy
By
Dennis Gingold
|
| Notwithstanding the abuse suffered by the Cobell class, until Ms. Cobell brought this action in equity, no one did anything to stop the abuse. |
The facts are as follows: The Individual Indian Trust has been grossly mismanaged for more than 100 years and the United States is in breach of trust duties it owes to the Cobell class. Individual Indian Trust assets have fallen into ruin; funds have disappeared; trespassers have looted oil, gas, timber and coal. More than 40 million acres of Individual Indian Trust land have vanished. And, to complicate matters, notwithstanding the loss, destruction, and corruption of critical trust documents, courts have refused to apply fiduciary presumptions and inferences that ordinarily apply to trustees who have done what the government has done to the Cobell class.
Notwithstanding the abuse suffered by the Cobell class, until Ms. Cobell brought this action in equity, no one did anything to stop the abuse. The world, including Mr. Martin, turned its back on the class and allowed suffering to continue while elderly and infirm members of the class continued to die; while children continued to live in poverty.
The $3.4 billion settlement includes $60 million to endow a scholarship fund for children and help pay for quality post-secondary education, academic and vocational. That may be the most important legacy of the Cobell litigation; the opportunity to provide each Indian child a quality education.
Of the settlement amount, $1.4 billion would be distributed to individual Indians to resolve historical accounting and damages claims. That is not taxable income. Nor would it disqualify class members from continuing to receive the benefit of social entitlement programs, including food stamps. The remaining $2 billion would be used to purchase fractional interests in trust land that class members choose to sell. Upon purchase, the government would restore the consolidated interests to tribes that originally owned the lands. Everyone benefits: individuals, tribes, and the United States government. That defines a fair settlement.
| The facts are as follows: The Individual Indian Trust has been grossly mismanaged for more than 100 years and the United States is in breach of trust duties it owes to the Cobell class. |
Class members may participate in a fairness hearing to voice objections they have prior to a decision of the District Court on the fairness of the settlement. The court may approve, revise, or reject the settlement after hearing such objections.
It is true that class counsel would receive more than any single beneficiary. But the attorneys have litigated this case for 14 years without salary. And it is the attorneys who have shared significant out of pocket costs with Ms. Cobell. That is in sharp contrast to the Intertribal Monitoring Association and similar organizations which receive substantial annual subsidies from Interior. In tribal trust litigation, attorneys have been paid upwards of 20 percent simply for filing a complaint and negotiating a settlement. Here, $100 million means that counsel would receive less than 3 percent of the class recovery – a modest percentage when measured against the 20 percent to 30 percent that “typically” is paid to class counsel.
The settlement would resolve mismanagement claims and provide a means for class members to receive compensation. If beneficiaries do not want to participate, they may opt out and retain attorneys to pursue their individual claims. But few individual Indians have the financial resources to do that.
Finally, Mr. Martin disrespectfully attacks Ms. Cobell. For 14 years, Ms. Cobell did what no one else in this country has ever done. She, an individual Indian, took on the United States government for Indian people. Where was Mr. Martin? Ms. Cobell spent thousands of hours of time, sacrificed personal interests, and used her funds and those of nonprofits to ensure the most effective prosecution of this case. The costs are about $15 million, and she will seek from the court reimbursement for herself and the nonprofits.
Dennis Gingold is lead counsel to the 500,000 individual Indians in Cobell v. Salazar.
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mary said on Tuesday, Jun 8 at 5:56 PM
i agree with es. a white lawyer scolding a respected tribal leader. doesn't fly with me. did you read the part of his article that says we can still get food stamps. didn't want to leave that part out huh mr. gingold. i guess you were thinking about how far our settlement money will go. as for you and ms cobell, to use another writers words, you will be dancing around in money heaven long after our measly $1500 is gone.
44970199mary said on Tuesday, Jun 8 at 5:49 PM
according to what i have read i stand to get $1000 on the acct claim, $500 on mismanagement claim whatever has been paid throught IIM acct. over past 10 years or an amount based on formula they use along with that figure. i don't know which. i can't opt out of the 1st part but 2nd i can. land consolidation is supposedly voluntary. i will not allow gov to rip me off any more. I will take my allotment interest out of trust and go private. i'll take my chances on my own rather than give my intersts to government, tribe or anyone else. they want our mineral resources and will eventually sell off to non-indians and complete their termination policy.
44969713mary said on Tuesday, Jun 8 at 5:30 PM
first of all mr. gingold is not my attorney. i did not hire him and he does not represent my interest. next, the return of consolidated lands to tribes who originally owned them? correct me if wrong. the lands we are talking about are individual alloted lands that were given (they gave us our own land) to my relatives under the Dawes act. as far as this defining a fair settlement? for who? Fair to me means just compensation for my injury or damages. $1500 for over 100 years of fraud, corruption & mismanagement that still continues today. Mr gingold really paints a rosy picture for himself and ms cobell. if ms cobell was truly concerned with the whole of native americans she would have never agreed to this. did she do what was right or what was easiest and best for herself and her lawyers? oh, and by the way if you are going to represent people's interests make sure your motivation other's intersts first not your own.
44968369NahtekAnom said on Saturday, May 29 at 2:12 AM
This one I pulled out of the WIND.How much monetary value with all it's damages can we add to the out right slaughter of the BUFFALO.
44294629dennisdboucher@yahoo.com said on Sunday, Mar 7 at 7:58 PM
Hello out there-- anyoneknow where Red Bears 640 acres is today?? (treaty of 1863- 64)
38839481dennisdboucher@yahoo.com said on Sunday, Mar 7 at 7:42 PM
I am not an educated man but as I read the Old Treaty of 1863-64 the Red bears 640 acres is still OUR LAND as it has ever been ceded sold or leased in any way My gr grandfather John c Boucher was a member of the Red Bear band and recieved an annity of8$ in 1868 please reply to this any and allDennisB
38838991hunter said on Friday, Mar 5 at 9:23 AM
while the gov.keeps extending the settelment.and the mean time if a white man is grassing his cattle on my land.i will start harvesting his cattle till i see my cash.call it rent for the last 100yrs.
38719539Candace Colbert Odom said on Saturday, Feb 20 at 11:22 PM
When you realize that history is written in the Cobell litigation about the US injustice towards the IIM Beneficiaries that took 15 years to litigate and was fought against through three Presidential administrations, then, you will realize it is a monumental milestone. The more numbers of our children who become educated and are able to read about the misrepresentation and malfeaseance toward the many beneficiaries for over 100 years by the US Govt, they will understand why it was important to every Native American.
37979674Glen said on Saturday, Feb 6 at 9:35 PM
Gingold: Here is the REAL legacy to leave this case. The proposed settlement seeks $60 million for our children's education. -- good job. However, $100 million in legal fees? The chance to leave a real legacy is to reverse these amounts! Cobell, you'll need to ante up also, 40%, which leaves your take at $9 million. $109 Million for the children. $60 million for atty's. Just a recommendation before Congress dismantles the whole settlement.. What you think?
37143404Anonymous said on Friday, Feb 5 at 12:19 AM
It's time to get educated, do you feel like you don't understand? We have lost so much, because we are not educated... Think of your thoughts before you push the keys
37033879Reply to 'c odom' said on Thursday, Feb 4 at 5:03 PM
Obvious is your near complete ignorance of fundamental fairness! This atty & cobell encroached on my vested interests and those of nameless thousands to gain standing for their pillage! Now they reap an unfair harvest all the while degrading the lawful grounds of many others! If I ever see cobell or gingold I will speak my mind to them! Ans yes, why didn'y gingold tax costs to the US-suppposedly they wanted and did settle an adverse action!
37009389Mahkwah said on Thursday, Feb 4 at 3:41 PM
When the water people first came to our shore's many moon's ago, with thier phony smiles we then should have drove them off. Every promise has been a lie. What makes any of you believe you can trust there words now? All of the Eastern sea board to the west coast wasours!!! We are owed many many billions and the U.S. gov. should pay all legal fee's... They want this settled because of the billions of gallons of oil yet to be taken in the northern territories! Wake up and talk with your brother
37003282Candace Colbert Odom said on Thursday, Feb 4 at 2:03 PM
This is one of the largest "pay backs" the govt of the United States has had to give back to the Native Americans. If Cobell had not challenged the DOI back in the 90's you think anyone would have volunteered to pay the beneficiaries? I don't think so. It's sad that its not more but it is a victory when you consider that now it is on record the discrepancies and the negligence of the abuse for all to see.
36995917Response to 'Think' said on Wednesday, Feb 3 at 5:22 PM
Another question you forgot was who else takes over your interest [called 'over-ing' in Lakota country!] and sues and makes $15 million off it and her White atty & buddies make HUNDRED MILLION DOLLARS off it? I am a 4/4 Lakota and not a White man and their practices will be judged in time by The Almighty! Not all legal grounds need to be prosecuted for lucre's gain! A clash of cultures/beliefs!
36941157Think said on Wednesday, Feb 3 at 2:21 PM
Questions for the critics: What other Native person challenged - in court or congress - the US after 120 years of mismanagement? What would the individual Indian landowners have received without this settlement? Does anyone think that the government would have done an accounting without a lawsuit? Does anyone think the government would have paid indians a dollar without the settlement? How many cases were filed before the Cobell case that asked for an accounting of the individual trust, not a tribal account? How many cases were filed by individuals, not tribes, for damage claims? And which attorneys were/are willing to work for free?
36927312Affirmative Action said on Tuesday, Feb 2 at 5:11 PM
I am a Lakota affected-party but in reviewing these remarks I ask ITC as a public service to publish this info: Senate Ind Affairs Com,see ROLLIE WILSON (202) 224-2551. Leave your concerns and any remarks with him, he is IAC point person on Cobell! To me, we were kept in the dark by gingold, cobell; the atty fees are exorbitant and cobell & others getting $15 mil is an award disparity that is UNACCEPTABLE! ITC be objective an publish these remarks Native America sound off while there's time!
36866597Native Realist said on Tuesday, Feb 2 at 12:54 AM
To In Response to Native Realist: Yes, you certainly can opt-out....if you feel that the settlement is so unfair to you, reject it. Send it back; then you are REALLY putting your money where your mouth is. If you are not satisfied with the amount...SEND IT BACK; REJECT IT. I bet you talk a good game, but you would NOT send the money back. Let us know how and when you get a better offer. I would like to see you do that. Good luck.
36817652Response to Native Realist said on Monday, Feb 1 at 11:28 PM
You can't opt out of the accounting class of claims - you're right to an accounting has been bought for $1000 - good for some IIM accountholders who made very little but a crime for others. The litigation and settlment were well calculated efforts that deceived Individual Indians into thinking this whole scheme was to protect their interests.
36812567Native Realist said on Monday, Feb 1 at 1:42 PM
To Toni, nobody is forcing you to accept this settlement offer. If you do not feel that it is fair, then reject it and you are free to pursue your own remedy. It sounds like you have other issues with your IIM and your trust accounts; this suit was not intended to settle things for you. If you have problems with YOUR IIM and trust land accounts, then YOU need to get up and do something for yourself. Good luck; don't blame others.....
36767647NATIVE said on Monday, Feb 1 at 12:07 AM
Glen, Some but not all, are internet trolls who are bumping the pro-Cobell comments off the page, so that it will appear most are against the settlement. Elouise, THANK YOU! Know that you've been in our prayers. You are surely blessed with the spirit of endurance and strength.
36743227Toni said on Sunday, Jan 31 at 11:03 PM
As an Ojibwa, with a IIM acct & fractional land owner, my heart is very heavy with this settlement. It would only pay 1 &1/2 months of my rent and with 944 acres of land "I am not allowed to build or live on my own inheritence"? I've been unemployed for awhile now.
36741012Glen said on Sunday, Jan 31 at 10:36 PM
Kudos, Gingold and Cobell! A settlement is a solution. All the negative comments surrounding the "settlement" are not solutions -- but empty emotional voices-- filled with apathy. In terms of financial power ($3.2 Billion), how can that settlement be leveraged for the benefit of ALL? Now thats a discussion worth having?
36740067Re: 'words..' said on Sunday, Jan 31 at 8:34 PM
I knew it was out there because of gingold's harsh/insensitive retort! He; harper; etc.. cobell have sold a scam to Native America. Yes their litigation impaired self-determination of tribes. It gave DOI an 'out' to proscribing '638 contracts' As 4 their fan club's propaganda of doing nothing, some of us Lakota shutter at letting a Blackfoot, etc speak for us-I have written letters to Sec Norton; Spec 'Trustee' swimmer, etc.,now Sec salazar, to no avail! Without a whiteman self-determinatitio
36736457stands with fists said on Sunday, Jan 31 at 6:28 PM
Martin and most of you talk as typical Americans. You passively complain and do nothing to effect positive change. Then when someone like Cobell bravely empowers themselves to take a stand, speak out and be heard and someone like Gingold takes on a huge, complicated and old challenge/issue then stands up and fights the U.S. government legally and actively to right the PAST and FUTURE wrongs for YOU, you criticize and complain. They are what heroes are made of. They deserve praise and support.
36732352In her own words said on Sunday, Jan 31 at 4:14 PM
Here's a quote from Elouise Cobell I found in a 2002 article: "One of the persistent rumors I always hear is that I'm going to somehow collect millions of dollars in reward money for taking on the lawsuit," she says, shaking her head. "I stand to gain no more than any other trust fund recipient" HA!
36727864Candace Colbert Odom said on Sunday, Jan 31 at 2:52 PM
I have never seen so many people respond to this Cobell Lawsuit when it was going on. I wondered where her supporters were during that time? She has endured going to the hearings for 15 years and she never backed down to the scrutiny from media or the attorneys on the side of the govt. She deserves to be treated with respect and I would love to shake her hand someday.
36724867Candace Colbert Odom said on Sunday, Jan 31 at 1:52 PM
I have copies of my ancestors allotment by President Harrison from the 1800's and I have the original that the Office of Special Trustee sent me years ago. I've traced my ancestry and it goes back to the beginning of the records on genealogy. I graduated with a degree from the University of Oklahoma. I am a lifetime Alumni. I pay my taxes and I believe in our Country! I have lost trust in people in charge... I want the trust funds to better the lives of my children. Thats all!
36722367TO: RESPONSE to "Tell your senator" said on Sunday, Jan 31 at 1:47 PM
To not ruffle your atheiestic tendencies too much but its ALL a spiritual battle.The 'love' of money is the ROOT of all evil! As an IIM holder I am not trying to 'deflect the issues' America has done that enough! Some just don't want to be a whiteman so their formal education [actually inculcation!] doesn't seem to help the flagrant greed herein with class counsel and cobell! When they petition for millions while Native America gets a pittance because they settled for so little is a scam...
36722127Candace Colbert Odom said on Sunday, Jan 31 at 1:29 PM
I have talked to my Senators and my Congressman about these issues... Then, I get rear-ended by a man who works in the Media Center at the College I attended called CDN Partners Assoc INc. They set up the computer systems. I saw him everytime I logged into work at the Media Center. He advertises as a crash consultant for STateFarm Insurance and he hit me with his excalade going 55 miles an hour while I was sitting still and my kids were in the car!!!
36721504Candace Colbert Odom said on Sunday, Jan 31 at 1:10 PM
This is more than just a money issue. It is trustfunds that were set-up for the beneficiaries and their heirs that were stolen, by the DOI and they should be the ones ashamed for taking from the Native Americans all these years what was theirs and letting them live in poverty. Its a trust issue because people who were in charge of the accounting was trying to hide a shredding documents that were in boxes in Fort Worth, Texas that would prove their deceit.(Anderson et al) If they are not handlin
36720592a a RESPONSE to "Tell your senator" said on Sunday, Jan 31 at 12:39 PM
What does "spiritual guidance with this Lakota" have to do with this article, other than spamming the word "Lakota." A tale-tell sign of diverting the message.
36719119Tell your senator said on Sunday, Jan 31 at 12:09 PM
I just hope all these concerns are conveyed to everybody's senators! I know Thune & johnson will get my earful on this! EVEN IF THEY COULD CARE LESS! The bankster connection; gingold's defensive [cynical] reaction to Mr. Martin's article calling for more scrutiny [did he call open rejection?] are red flags on this. There's predation here just maybe wolves in sheep's clothing but predators nonetheless! Ask for spiritual guidance with this Lakota [indian]country!
36717797math said on Sunday, Jan 31 at 12:05 PM
If the amount woed was $48 billion, and they told Congress $28 billion would be a fair settlement, then $1.4 billion is 1/20th of a fair amount. Should't the lawyers be willing to take 1/20th of what they say is a "fair" fee?
36717552ok, "pm" said on Sunday, Jan 31 at 2:30 AM
We CAN and WILL change things - don't you dare give all the credit to Cobell. If she makes one dollar in profit from this endeavor, she will (and should) be viewed with contempt, because she has had the audacity to claim all along she is doing this solely for our elders, who are passing every day. We have been screwed so many times by white attorneys who stand to gain tens of millions of dollars-supposedly protecting our rights (think Black Hills). WHY should we trust Gingold and Co?
36705714pm said on Sunday, Jan 31 at 2:09 AM
If you have so much power and can change the trust mismanagement yourself, do it, don't talk about it. I have not seen anyone do anything at all, other than talk, except Cobell. As for Mr. Gingold, his expertise in trust and banking law is unparalleled. No one can do a better job than he is doing for the Indians. You cannot hire experts who are geniuses to support and fight for your cause without paying them. As for how many have died, Congress does not care. If they cared, why do they steal?
36705332Wanbli said on Sunday, Jan 31 at 1:22 AM
Unbelievable, I really liked what you wrote, its great!
36704357PS said on Sunday, Jan 31 at 12:42 AM
And as for the evil government? Let's face it; it's us; we have Indian preference, REMEMBER? If we are not happy with the way BIA/OST is handling things, WE now have the power to change it. In other words, we DO hold the cards. So please stop with your stupid fear mongering. We are not powerless idiots, and it is not your settlement or nothing.
36703384Unbelievable said on Sunday, Jan 31 at 12:13 AM
Can someone tell me how Gingold has sacrificed over the past 14 years?? Whoever wrote this, do you have any idea how well Gingold lives? Take my word for it, or look into it yourself - he is certainly NOT slumming it. He is doing just fine on the millions he got for successfully holding the Sec of Interior in contempt earlier in this litigation. The guy claimed over $300 an hour for representing us poor Indians. He doesn't have an unselfish bone in his body.
36702429Moni said on Saturday, Jan 30 at 11:07 PM
How many beneficiaries of the class have died? I've never seen Gingold actually explain those numbers. Congress should ask.
36700079Candace Colbert Odom said on Saturday, Jan 30 at 11:05 PM
If you have ever contacted the Office of the Special Trustee like I have these past years, then you know what kind of Ethics this branch of the DOI has. I called Donna Erwin in New Mexico and all she does is give you the run around and I spoke to John Rhodes out of Colorado one day and he told me to talk to the Supt. out of Anadarko Mitchell Stephens when the Supt is really, a woman named Ms. Tippecanoe so the lies continue even to this day even within the OST...
36699999South end of a North bound Horse said on Saturday, Jan 30 at 10:59 PM
It just doesn't feel right as an IIM acct-ee! Can this Plaintiff and lawyer be thanked for OST? Did gingold, cobell, harper, others get honorias/fees during pendency??? The giant award disparities is what get Natives' goat-not navajo! Cobell gets only $15 MILLION for her sacrifices? I want to give her my share in hopes she drops a fin ot two to gingold, harper the boys! 'pm' can't you smell this PU?
36699814pm said on Saturday, Jan 30 at 10:31 PM
Mr. Gingold is a fine man who has devoted and sacrificed more than you would believe in the past 14 years. I know for a fact that he has fought long and hard through gov red tape, lies, hundreds of appeals, conveniently lost gov. trust records, unfair gov law practices not to mention fed trust laws the gov does not have to follow be we do because they control all. Understand the gov holds ALL the cards and we hold none. We must take this or we get nothing. Years pass, we die. I see justice here.
36698982Candace Colbert Odom said on Saturday, Jan 30 at 8:27 PM
These decisions took 15 years, beneficiaries died in poverty while these courts were stalling... Eloise Cobell stepped up to the plate when no others would to go against these SOB's who made up the IIM accounts for the impoverished Red Men knowing full well they did not know how the monies were being accounted for. They were left in the dark and those in charge never thought it would ever be disputed how much money was going into the Bureau of Land Management, or Oil and Gas Accounts, etc.
36695094Just the Facts said on Saturday, Jan 30 at 7:18 PM
This is Gingold's MO: State his version of the "facts," insult tribal leaders who raise real issues, and refuse to answer any questions from the individual Indians he supposedly represents. He should have just kept his opinion to himself.
36692782He Hlogeca Win said on Saturday, Jan 30 at 5:06 PM
I was born and raised in Wounded Knee, SD and am a full blood member of the Oglala Lakota Oyate. I am a landowner and the United States has stolen from me and all of our relatives. Eloise Cobell and the other super-plaintiffs who are supposed to get $15 MILLION should hang their heads in shame. Imagine, this woman has been honored as a leader! Leaders should never act in their own self-interest. Pay her expenses and put a quilt on her. Hecigla! THAT'S ENOUGH!
36688047Correction said on Saturday, Jan 30 at 5:00 PM
If the settlement is approved, Elouise will get $15 MILLION, not $15,000. Just think about what that amount could do in the Lakota community.
36687787MaLakota said on Saturday, Jan 30 at 4:54 PM
Ake ikceyapi kin takuni icupi kte sni yelo. Again, the common people will get nothing. How is it that a banker/plaintiff in a class action can get $15,000,000 in a negotiated settlement? The plaintiffs are supposed to represent the class in all ways. Getting 15 thousand times more than other plaintiffs is obscene! Is it because she has her own press agent? In the old days, when there was meat in the camp everyone ate. Tamunka sni yelo! It is not right! Ho Hecetu welo.
36687482To BIA Employee said on Saturday, Jan 30 at 4:41 PM
What exactly were we supposed to do "when the litigation was in full swing"??? Wasn't it up to our lead representative and her attorneys to keep us informed? Instead, we were kept largely in the dark, and those who did ask questions and express concern were attacked personally and belittled by Keith Harper and Dennis Gingold. Then the one not-for-profit, Native American entity involved in the litigation - NARF - pulled out. I'm not surprised at all by the frustration expressed in these posts.
36686887White Horse said on Saturday, Jan 30 at 4:20 PM
This settlement is FRACTIONS of pennies on the dollar the Gov't has stolen! If it was anyone else they would be in JAIL!!!!
36685894should be repeated said on Saturday, Jan 30 at 4:12 PM
"Gingold should at least be honest with his "facts." First, the amount of the settlement is not $3.4 billion, it is $1.4 billion. $2 billion is a fund that will buy fractionated shares from those who want to sell. If you sell something for what it is worth, then you did not get anything from the settlement, you just sold something you owned. He also left out the $7 million plus the lawyers have already been paid. That seems like pretty good money already."
36685522another point said on Saturday, Jan 30 at 4:09 PM
Several of Gingold's clients say he hasn't talked to them.
36685394David Eli Guardipee/Enrolled Blackfeet Tribal Member. said on Saturday, Jan 30 at 3:10 PM
Remenber noone took the position & started the work to get this far our United States Goverment, will do what it wants as X BIA leader said.
36682937Soon to be ex-BIA employee said on Saturday, Jan 30 at 1:25 PM
I am absolutly flabbergasted by all these attacks on Mr. Gingold and Ms. Cobell over this proposed settlement agreement. In an ideal world, Individual Indian Account holders and land owners would be fully compensated by the government for their losses due to mismanagement of this trust. However, we do not live in an "Ideal" world. And by the way werre were all you dissenters when this litigation was in full swing and the litigation team led by Mr. Gingold were working 24 hours a day?
36678084historian said on Saturday, Jan 30 at 1:23 PM
Yes, Cobell was a banker and had ties with Gingold long before this suit. Also, as far as "manning up" the case was filed immediately after Congress passed legislation requiring an accounting - after Gingold shopped around for plaintiffs. Individual Indians have been so misled by the Cobell machinery and media. Tribal leaders who have asked questions have been intimidated and threatened. There is truth that case has derailed funding and focus on other critical Indian Country needs.
36677944Gingold Response Demanded said on Saturday, Jan 30 at 12:37 PM
I am a Lakota IIM acct holder-we are mocked by OST, the so-called management arm of US. Did you/legal team get the $7 million for litigation or whatever [undue enrichment]? You must be reading these posting, so show some integrity and comment on the $7 mil or other/ any legal fees/expenses you got during pendency of this action!
36675424Just sayin' said on Saturday, Jan 30 at 11:11 AM
Gingold should at least be honest with his "facts." First, the amount of the settlement is not $3.4 billion, it is $1.4 billion. $2 billion is a fund that will buy fractionated shares from those who want to sell. If you sell something for what it is worth, then you did not get anything from the settlement, you just sold something you owned. He also left out the $7 million plus the lawyers have already been paid. That seems like pretty good money already.
36670957get a clue said on Saturday, Jan 30 at 3:03 AM
Gingold, I dont know where you are from, but you will NEVER understand what matters most to us NDNs. Our heritage, our homelands, our future - you think we care about a few dollars more than that??? Either you are selfish or you are a fool, or maybe you are both. I just hope you don't believe that E. Cobell represents the rest of us NDNs who care about the future of our families AND our Tribes.
36659719Allotment Was Destruction said on Saturday, Jan 30 at 2:17 AM
Say what you will about the Cobell Settlement and how much the non-Indian attorneys are going to make at our expense (we're all familiar enough with this scenario). The fact is that this is the first real opportunity we have ever had to start turning around the damage that allotment has done to our tribal culture and sovereignty. I don't think Elouise cared about this at all when she teamed with Dennis Gingold. But let's not lose this opportunity to finally turn things around.
36658589Curious said on Friday, Jan 29 at 10:18 PM
If you are not comfortable waiving your right to claim the government mismanaged the natural resources on your allotment, you should opt out of the settlment. At least you will preserve your rights. And if you believe the private, non-Indian attorneys should not receive $50 to $100 million of the Indians' $1.4 billion settlement for past mismanagement, then exercise your right to object under the agreement. Same goes for the $15 million "incentive award" that will be going to Cobell.
36648909I'll ask again to Mr. Gingold said on Friday, Jan 29 at 9:05 PM
Why did Gingold argue in court that the plaintiffs were due $50 billion if $3.4 billion is such a great number? What changed?
36645522Beware of the Bankers! said on Friday, Jan 29 at 8:06 PM
Wasn't cobell a banker? ALL of them are tapped into the same septic tank!'BLK FT' is defending her/the soon-to-be-filthy rich gingold/others & trashing martin..lost herein is a thought that maybe it WAS better left alone! Maybe some worship a different baal than White america-they worship $$/possessing this/that; more toys; step over the emanicated bodies/attain more! Look though when the diabolical fed reserve nose-dived the middle class BUT STILL PAID OFF THEIR WORKFORCE: Wall st/Bankers
36642869BLKFEET LANDOWNER said on Friday, Jan 29 at 7:26 PM
Oh he is a Tribal leader huh, leaders find solutions to problems they don't create problems. Its just a tactic so he can have attention and try and divide us. So lets say we lost it, would it be her fault also right. Come on no excuses be happy if the goverment gave us all 50 trillion dollars there'd still be people like u saying its wrong and futher more what did alaska natives contribute to the case and its not all about alaska natives your just to late and wanted a piece of the pie and now yo
36640639Lakota IIM Acct Holder said on Friday, Jan 29 at 7:07 PM
Obviously martin hit a chord with Gingold for this atty to react so strongly! I've spoken to gingold-he was a 'just the facts' person but quizzically sent me to donna erwin-OST, who's integrity has been publically shown to be that of an alley igmula! Not sure if I'll opt out & take the mazaska but gingold stands to make probably a $million/yr for all the yaers of 'sacrifice?' They may be urinating on my leg and telling me its raining Native America..time and his atty fees will tell!
36639514All about Land said on Friday, Jan 29 at 7:02 PM
Let's see. Ms. Cobell and the attorneys fight the federal government in a federal court for 14 years because noone else manned up. A hand-picked federal judge awards $455 million as his judgement. The BIA and OST (and their little ITMA buddy)meanwhile convince a few tribal leaders that there isn't any money for safety/health /housing or anything else as long as the Cobell case is going on. They scream settle. So Cobell and the attnys settle for an additional $3 Billion and we are angry at who?
36639244Just a comment said on Friday, Jan 29 at 6:38 PM
Hey Blackfeet landowner - maybe the focus should be on aspects of the settlement - pros and cons rather than attacking thoughtful questions raised by a Tribal Leader. The 2nd class of claimants in the settlement will impact resource mismangement claims of Alaska Natives.
36637784Victor said on Friday, Jan 29 at 6:18 PM
I am a full Blooded Native American. I've been a law enforcement officer and been in court litigating cases and on the bench hearing cases, both in Tribal and off Indian Reservation courts, with that experience, I fully applaud Mr. Gingold, all the Attorneys and thier STAFF for the hard work they have done and continue to do to reslove this litigation. THANK YOU.
36636599Frank said on Friday, Jan 29 at 6:08 PM
What I can't understand is why no one is questioning billions of dollars spent by the government on attorney fees to fight this case for fourteen years?
36635939i have spoken now listen!!!!! said on Friday, Jan 29 at 5:58 PM
while its jus dishearting to hear the news of this statement by this so called native man from alaska which has nothing in common with large land based tribes to my knowledge isnt your ICE MELTING why must you talk so bad of a GREAT WOMEN in our ways. Maybe because a women won a great case and you may have issues with women but jus my thots you should worrie about your ICE and your own agenda all i see you doing is being desprite for attention kinda like SARA PALIN ummmm same state same PROBLEM
36635267BLKFEET LAND OWNER said on Friday, Jan 29 at 5:51 PM
Im tired of organizations such as ITMA that have no accounibilty to indian people to judge others their only role seems to be divide and concour. Mr martin why dont you tell us how much federal funds ITMA has recieved from the US Goverment in 14 years. Don't you think its better to ask how much the U.S. Gov has spent to defend themselfs in this case. The only thing your trying to do is do what you are told to do by ITMA.
36634812Dave said on Friday, Jan 29 at 5:39 PM
Ok, Larry Echohawk's brother John Echohawk is executive director of NARF, which would still put Larry Echohawk in a conflict of interest position and that's why NARF may have been excluded; not 100% sure though.
36633969Dave said on Friday, Jan 29 at 5:23 PM
Curious, If NARF was indeed excluded, I would bet it's because Larry Echohawk is head of the BIA, which would put him in serious conflict of interest since he used to be one of the lawyers for NARF and I beleive also help to litigate the Cobell lawsuit for quite a while before he became head of the BIA.....someone correct me if I'm wrong....
36632937quinaultbob said on Friday, Jan 29 at 5:18 PM
Dawes Act 2010 - So the Cobell Attorneys will sell us out for 1 cent on the dollar... Attorney General Gonzalles testified Indian Country is owed $200 Billion over and above the Cobell settlement of $100 Billion and Mr Gringold will sell us out for $3.4 Billion. Then create Dawes ACT 2010 that will sell out our homeland for cash! To sell our land to corrupt tribal governmen
36632562we can't unite on this said on Friday, Jan 29 at 3:36 PM
The power on deciding to agree to this settlement lies in the hand of too few power brokers, of which some were non-Indian lawyers who had their own interests at stake. The average Indian who will receive pennies for the crimes committed against them has not achieved justice, nor were they consulted. Many class litigants believe they had no say in accepting this deal. They'd rather die in pursuit of the correct finding than live with a shameful settlement.
36624462Curious said on Friday, Jan 29 at 2:45 PM
Everyone needs to read the settlement: http://www.cobellsettlement.com/docs/2009.12.07_Settlement_Agreement.pdf Understand what rights and resource mismanagement claims you are giving up in exchange for $1000. I was very surprised to learn that NARF, the non-profit Native American law firm that covered much of the cost of this litigation for 10 years (before they withdrew from the case in 2006), gets not one penny from this settlement. This is very sad. Does anyone know why they were excluded?
36620819This is a time to be unified not divided said on Friday, Jan 29 at 2:33 PM
It is readily apparent that critics of the Cobell settlement do not understand the history of this monumental litigation. For to understand the twists and turns this case has taken is to live and breath this case for 14 years. To those critics who think they know what they are talking about, I ask: Have you litigated a complex class action law suit against the federal government? It is not Ms. Cobell or her attorneys that have failed; it is the federal government and the courts.
36619554weary Indian said on Friday, Jan 29 at 12:57 PM
What about the millions that have been awarded by the Corut to the attorneys thus far? Also, $1000 in exchange for the accounting is one issue but to sell out the mismanagement claims (that were never part of the suit) for the remainder of 1.4 billion after attorneys, incentives,contractors, banks, scholarships are paid is clearly deceptive. Indian people deserve to know what they stand to lose for mismanagement claims. The settlement language speaks for itself and some of us skins can read.
36610972ES said on Friday, Jan 29 at 12:45 PM
So the white lawyer who will get millions gets to scold a tribal leader who makes a valid point, yet many tribal members who suffered the actual crimes deserve only thousands? Gingold steps over a line by disparaging a tribal leader who makes a valid point for his people.
36609987Okii said on Friday, Jan 29 at 12:43 PM
Thank you Mr. Gingold for your 14 years of service on this monumental case with no pay. It was and still is a huge sacrifice you have made on behalf our people. I hope everybody relizes this is the largest settlement in the history of the United States and more inmportantly it goes to Individual Indian people.
36609867Native Realist said on Friday, Jan 29 at 12:33 PM
Thank you to Mr. Gingold! You hit the nail on the head. To ES, why do you throw around racist opinions. So what if Mr. Gingold is white? He is speaking the truth. I did not see any of you, including Mr. Martin, trying to do anything to rectify this situation before Ms. Cobell's actions. Typical to complain after the fact......as a Native American this is very disheartening. I feel sorry for you.
36608874J said on Friday, Jan 29 at 11:49 AM
To ES -- A white lawyer who has done more to protect individual Indians against the government's corrupt and despicable mismanagement of trust lands than any other person, Indian or non-Indian, has ever done. How rich indeed
36605232just a question said on Friday, Jan 29 at 11:41 AM
Why did Gingold argue in court that the plaintiffs were due $50 billion if $3.4 billion is such a great number?
36604647ES said on Friday, Jan 29 at 11:36 AM
A white lawyer who will gain millions of dollars from this settlement is scolding a respected tribal chairman who sees our people live and die in extreme poverty? How rich.
36604179Wanbli said on Friday, Jan 29 at 11:07 AM
This was not done to expose and eliminate the persecution and injustice in the imperial racist construct of our Red Nationhood's; it was done and allowed by empire to distract us to keep the embers of Indian policies, falsehoods and contradictions out of the debate by focusing on Cobell's personal quest to show the empire with her colleagues that they are competent actors and bozo facilitators in they're own enslavement and bondage to empire: who have no aspirations to free our red nationhood's.
36601774Wanbli said on Friday, Jan 29 at 10:50 AM
The "Red People's" who are our oppressed "red family" who are our poor and persecuted relatives are and will not benefit by working within this empire's "unjust order" and "unjust and racist imperial paradigm" of the United States of America. Even though red history has the evidence to dispute this ignorant notions that many so-called IRA and BIA supporters and leaders with the "Uncle Tom" boarding school mentality; will do anything for they're white slave masters including murdering red people
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