Chief: Wampanoag Tribe got federal recognition through efforts tied to fraud

Former Chairman Glenn Marshall gets credit for Wampanoag
Tribe Federal Recognition by current Chief.

The current Chief of the Mashpee Wampanoag Tribe in Massachusetts told the Enterprise News that were it not for former Council Chair Glenn Marshall that the Mashpee band today would not be a federally recognized tribe.  You see, Marshall is returning home today from prison on the eve of a critical vote by the citizens of Taunton on Mashpee Wampanoag plans to build an Indian casino - something only federally recognized tribes can do - and current Chief Flying Eagle, Earl Mills, Sr told the Enterprise News: 

"“Without him we wouldn’t have tribal recognition... without Glenn we would not have recognition and chances are we would have never gotten it..."

Wampanoag Chief Earl Mills

The Chief admits Glenn "made a mistake" along the way, and he's admitted that he is no fan of the current Council led by Cedric Cromwell but doesn't seem to want Cedric to forget how he got where he sits today.  While trying to distance himself as a reformer, Cromwell served as a Tribal Council member under Marshall during his "mistakes." Cromwell served on the Council which voted to shun and ban tribe members who tried to challenge and seek the tribe's financial records associated with lobbyists Jack Abramoff and Kevin Ring.

So what mistakes associated with gaining federal recognition and starting the tribe's pathway to a casino did former Chairman Marshall make?   Just five criminal counts, including making illegal campaign contributions, tax fraud, wire fraud, and Social Security fraud.  Marshall used monies lent the tribe by South African "investors" hoping to cash in on casino riches (sound familiar today? - just replace South African with Malaysian) to engage in various felonies and activities with the infamous lobbyist "Casino Jack" Abramoff which the Tribe hopes people will forget when considering them as a good partner in casino deals today.  

Wampanoag lobbyists
Jack Ambramoff

So were it not for these criminal acts - which included over 50 illegal political campaign contributions to elected officials who helped the Tribe gain recognition (some of whom are still in office today supporting the Tribe's reservation casino efforts) - we would not be having a vote in Taunton to consider the Tribe's casino plans.  By most accounts from the Tribe, Marshall's acts were not for self-enrichment, but were illegal none-the-less.  The inheritors of Marshall's ill-gotten booty, however, appear more bent on their personal gains versus those of the tribe.

Today's list of characters in this bizarre saga simply has grown to back fill those sent off to jail in a previous act.  They include lobbyist Bill Delahunt, understudy to Mr. Abramoff; Chairman Cedric Cromwell, understudy to Mr. Marshall; and, playing new supporting roles Deval Patrick and Stan McGee.

By all normal definitions the Mashpee Wampanoag's current application for land in trust (LIT) and plans for a casino in Taunton are fruit of a poisonous (or at least rotten) tree.  Federal recognition gained through fraud, deception and shady dealings is not exactly the foundation upon which a credible and trustworthy casino gaming business should be founded.

Mashpee Wampanoag tribe financial scandal broadens; Senate legislation still includes Cromwell preference

As Massachusetts Senators wind down ‘debate’ on a Bay State casino gaming bill which includes a special interest preference for the Mashpee Wampanoag, ongoing claims of financial improprieties by tribal leadership are growing.   The Mashpee band of the Wampanoag tribe, led by council chairman Cedric Cromwell, are under fire now for being in default on mortgage payments and failing to repay loans to early investors who backed their lobbying and legal costs for gaining required federal recognition as a tribe – a first step towards establishing an Indian reservation land-in-trust casino complex.

According to a new report in the Cape Cod Times, the Mashpee band owes real estate developer Herb Strather of Detroit more than $25 million.  The report also notes that the tribe is in default on the mortgage for a farm purchased for the tribe by Strather.  Strather is just one of several questionable “investors” in the Mashpee tribe scheme to open an Indian gaming resort complex in Massachusetts.  The Mashpee had also engaged the same South African investors behind the Mohegan tribe – Sol Kerzner and Len Wolman.  Both Strather and Kerzner have past charges of bribery and other claims.  How much is owed to Kerzner and Wolman is unknown as the tribal council has refused to open their financial books to members.  Under Cromwell, the tribe severed its relationship with Strather, Kerzner and Wolman in 2009 when the Mashpee Wampanoag became partners with another foreign gaming syndicate. The tribe owes its current backers, the Genting Group of Malaysia, in excess of $25 million.  Genting’s alleged ties to organized crime and terrorist groups make for a trifecta of corruption ties among Mashpee backers.  Foreign backed investors of Indian gaming and corruption are common according to a Time Magazine report exposing the problems with unregulated, tax-exempt Indian casinos including those of the Wampanoag investors.  Conservative estimates of tribal debts are in excess of $50,000,000 – with no accounting to the tribe of how that money was spent or repayment plans.  Cromwell apparently defaults, literally, to claims of tribal sovereignty anytime he’s questioned about this.

This latest news comes on the heels of reports that tribal elders seeking to recall Cromwell are calling on the Bureau of Indian Affairs to investigate the current council leadership for violating the tribe’s charter, financial improprieties and failing to make public the finances behind their casino related dealings.  Tribe members claim that Cromwell recently filed paperwork to change the tribe’s charter in such a manner that would essentially privatize the group’s casino interests and turn over the ownership to him and other council members.  Cromwell and other council members Aaron Tobey, Mark Harding, and Maria Stone have already established a for-profit real estate development arm called “First Light Corporation” using tribal resources to make real estate purchases associated with their casino endeavors.  Cromwell has reportedly used tribal credit cards to bill thousands of dollars for limousines, meals, travel and lobbying related expenses without any accounting or disclosure to the tribe or state regulators.

What tribe members do know is that Cromwell came to his position, backed by the Genting Group of Malaysia, under clouded allegations of election improprieties.  Cromwell’s tribal membership, which he gained only in 2006, qualifications have been questioned.  Cromwell had personally defaulted on his home mortgage and had liens for unpaid utilities prior to taking his new position.  Yet, today he apparently has a new unencumbered mansion on Cape Cod, membership records are locked away from prying eyes and his personal financial problems are no longer making newspaper headlines.

Massachusetts elected officials, led by Senator Therese Murray and Governor Deval Patrick, have taken hundreds of thousands of dollars in campaign contributions from the foreign money backed lobbyists behind the Wampanoag scheme.  They are paying back those lobbyists, like Bill Delahunt, with a special set-aside that ensures the Mashpee Wampanoag and no other tribe will gain exclusive and tax-free gaming rights to 1/3 of the state.  That this political scandal continues unchecked is beyond imagination.  That the Commonwealth’s financial and job needs are being put behind the interests of a small special interest group with such a long history of corruption and improprieties is immoral and criminal.

Other Native American tribes outraged at exclusion and special treatment of Mashpee Wampanoag

While Mass legislators led by top casino interest campaign contribution beneficiaries Therese Murray and Deval Patrick continue to push lobbyist written legislation giving special preference to Indian gaming with a unique carve out design to benefit only the Mashpee band of the Wampanoag tribe, other tribes apparently aren’t happy.  Murray went so far as to block an amendment which simply said the state would be authorized to negotiate with ANY federally recognized tribe in order to protect the Mashpee from potential legitimate competition.  Talk about lobbyist power - Bill Delahunt is earning his keep so all those contributions from his federal congressional PAC to state lawmakers is paying off.

The Cape Cod times reports that other Native American tribes, including Pocasset Pokanoket tribe, issued a press release Monday afternoon saying it had sent a 500-page document to the federal Bureau of Indian Affairs objecting to the Mashpee tribe’s application to put land into federal trust and saying the tribe has “absolutely no social or political ties to any part of Massachusetts except on Cape Cod.”

“There should be no advantage for any tribe,” Lesley Rich, an attorney for the Pocasset tribe, said in a phone interview. “The Pocassets are trying to protect their rights.”

George Spring Buffalo, the Pocasset leader, called it “an absolute injustice” for the Legislature to exclude state-recognized tribes from the process. 

This is just the latest blow to the scheme to turn over all gaming for Southeastern Massachusetts tax-free to  the Mashpee band and their Malaysian backers at Genting Group.  While current federal law makes such a move illegal, Therese Murray and the Governor are so in the pockets of Cedric Cromwell and the Mashpee band's lobbyists partnered with slot machine interests which will benefit from sales tax-free and fee-exempt sales to Indian tribes that they are insisting on pushing this through.  Even if Murray and Patrick are successful, and somehow the U.S. Congress passes a new law making their deal legal, the Mashpee will still have to get federal permissions which can be blocked by any number of reasons - including opposition by other tribes.

All this means the only jobs Southeastern Massachusetts will see from this deal will be lobbyists and lawyers.  The campaign contribution gravy train will continue for Therese Murray and her allies in the Senate.  Hope there is enough cash to overcome the damage to their constituents from this fiasco.

Petition to the Commonwealth on casino funds and terrorism

In the Commonwealth of Massachusetts legislators are passing a casino gaming bill which gives special preferences to the Genting Group of Malaysia to open a casino in partnership with the Mashpee band of Wampanoag Indians. By federal law, this casino will not be regulated by the state, it will pay no taxes or fees to the U.S., Massachusetts or any local community government in which it is located. Its financial dealings and records will be sovereign to the Wampanoag tribe and Genting and kept secret from all U.S. governmental regulators and oversight.

The progressive Florida Clarion reports that a U.S. Senate Committee found a disturbing pattern by Genting and its chairman of multi-million dollar payments to Islamic extremist organizations, business affiliations with reputed Chinese Triad organized crime and affiliations with at least two individuals wanted by the United States for terrorist activities.

Executives for Genting’s told the U.S. Senate Committee that these were “necessary” payments and relationships for Chinese investors doing business in heavily Islamic Malaysia. Surprisingly, U.S. based businesses operating in Malaysia do not feel the need to fund terrorists or engage in business relationships with Chinese Triad organized crime.

It may be necessary for Genting in Malaysia, but does Massachusetts have to facilitate these activities?  

We demand that Massachusetts’ legislature remove language giving special preferences which will allow any foreign interest in taking un-taxed commercial gains out of the country.

  

We demand that Governor Deval Patrick veto any casino enabling legislation which includes such provisions.

  

And, we ask the Massachusetts Attorney General Martha Coakley investigate the funneling of foreign money to campaign contributions through lobbyists given to state elected officials like Senate President Therese Murray to include this language and vote in favor of this special treatment for Genting.

To sign this petition click here:

http://www.thepetitionsite.com/2/prevent-massachusetts-from-funding-terrorists-via-casinos/

Wampanoag financial backers a terror funding source?

How sadly ironic as we prepare for the 10th anniversary of the 9/11 terrorist attacks and its tragic ties to Boston to learn that Massachusetts politicians like Deval Patrick, Therese Murray and Karen Spilka have been taking campaign contributions from lobbyists on the payroll of a Malaysian gambling syndicate interests now accused of funding and associating with Islamic extremist and terrorists on U.S. watch lists - according to a report in the Florida Clarion.


Genting Malaysia, the money behind Cedric Cromwell and the Mashpee Wampanoag casino scheme, is accused by the Clarion investigative report of a disturbing pattern of mult-imillion dollar payments to Islamic extremist organizations and affiliations with individuals and groups on U.S. terrorist watch lists.

"Genting executives told Senate investigators at the time that the millions of dollars funneled to various Islamic extremist organizations known to finance jihad were made under direst and viewed as a cost of doing business for a Chinese businessman in heavily Islam-run Malaysia. Investigators had reason to be skeptical when photos of K.T. Lim and North Korean dictator Kim Jong-il surfaced. The Senate investigators also obtained photos of Lim socializing with at least two Islamic figures wanted by the United States for terrorist activities."


Perhaps Governor Patrick should have been "counting every check" when the Boston Globe reported earlier this year that he'd failed to keep his pledge on casino campaign cash coming from groups lobbying on behalf of the Genting-financed Mashpee Wampanoag.  Therese Murray's "Ca-ching" statements after receiving more money from gaming lobbyists than any other state legislator have a less appealing tone knowing it was Genting cash laundered through the Mashpee Wampanoag and their lobbyists.

Worse than the funding source is Murray and Patrick's proposed, lobbyist written special interest gaming legislation for Massachusetts which turns over control of Southeastern Massachusetts to Genting (the de facto owners of the Mashpee Wampanoag tribe since the tribe is now more than $25 million in debt to the Malaysian syndicate).  Genting will take the first slice of any of the un-audited, un-regulated and tax-free casino profits from the Governor's proposed Indian-only gaming zone in Region C.  If past foreign-financed Indian casino schemes are any indicator, Genting will funnel somewhere between $300 to $400 million tax-free a year out of Massachusetts to their Malaysian bank accounts.  The same bank accounts which apparently have been used to get Wampanoag and lobbyist campaign contributions into the hands of Massachusetts politicians while simultaneously giving tens of millions of dollars to extremist groups linked to global terrorism.

Another troubling claim in the report include Genting business links with Chinese organized crime triads.  Under the proposed legislation, the finances and background of all groups seeking gaming licenses in the state will be under investigations to ensure no organized crime or hints of corruption exist.  However,  if the Governor's scheme goes through, the Mashpee Wampanoag will be exempt under federal Indian gaming rules from any state-related background investigations or oversight.  Here is what the Clarion had to say about Genting's organized crime connections:

"Senate investigators were also interested in K.T. Lim’s relationship with Stanley Ho, the Asian casino magnate who has been identified as a member of the Chinese Triad, the Chinese crime organization, by the U.S. Justice Department and by the Royal Canadian Mounted Police. Ho has been denied a casino license in every jurisdiction except in Macau and North Korea. Genting has refused to address their business dealings with Ho and his company Shun Tak Holdings Ltd."


It doesn't take a a forensic accountant to perform basic due diligence on the Mashpee Wampanoag financiers.  Given the tribe's wretched recent history of convictions on fraud and political corruption charges one would think the Commonwealth's leadership would be paying just the slightest bit of attention to this issue and Genting's history of involvement in Indian gaming in the U.S.  For example, the Clarion reports:

• "Genting made millions of dollars as the money-men behind two controversial Indian Casino gaming developments in the Eastern United States. In both cases, Genting operations were directed by G. Michael Brown, a former New Jersey Attorney General who was later charged with embezzlement and cocaine use...."  Strike One!
  
  
• "Genting was the financier of the Seneca Niagara Casino Hotel in Niagara Falls, New York. Genting charged the tribe an exorbitant 28 percent interest rate, potentially in violation of the Indian Gaming Regulations under the Bureau of Indian Affairs. Genting also stayed in the deal for almost 15 years when they were legally limited to five. Seneca Tribal Council members have testified that armed Chinese thugs showed up to collect Genting’s money when tribal lawyers pointed out that Genting was violating the law..."   Strike Two!

This latest revelation of funding and other ties to terrorists groups should be strike three. All of this is public record information.  Isn't it time we put the breaks on the special interest plans to set-aside Southeastern Massachusetts for any non-transparent, non-tax paying, non-competitive casino development schemes?

Governor Deval Patrick and Greg Bialecki – masters of misdirection and deceit

Greg Bialecki says Indian gaming is inevitable in Massachusetts if the state legalizes gambling.  Governor Deval Patrick insists carving out the Southeastern corner of the Commonwealth is the only way to protect the state from this inevitability.  Really?    

Let’s put aside the fact the Mr. Bialecki has now defined “inevitable” as Mashpee Wampanoag-only gaming (by his and the governor’s initial rationale for including his set-aside preference language  to legislators this bill should cover all the federally recognized tribes with any potential to someday get land in trust for a casino).  And, let’s put aside the fact that current law, defined by a Supreme Court case (Carcieri v. Salazar) prohibits this from happening absent an act of Congress changing said law. 

With all the Harvard law degrees in the Patrick Administration one would think they might at least have a cursory familiarity with the headline making news in other gaming states where Indian casino applications from federally recognized and eligible tribe are being summarily rejected by the Department of Interior.  A minor legal impediment called the Indian Gaming Regulatory Act (IGRA) and those administering it at the Department of Interior’s Bureau of Indian Affairs will determine whether or not any tribe will be granted land in trust for the purposes of casino and other developments. 

A key provision under IGRA is that the governor of a state has veto power over the land into trust acquisition.  If Governor Patrick or any future governor views Indian gaming as a risk from which we need to be protected he has the power to prevent it in Massachusetts. 

Sec. 2719. Gaming on lands acquired after October 17, 1988: The Secretary, after consultation with the Indian tribe and appropriate State and local officials, including officials of other nearby Indian tribes, determines that a gaming establishment on newly acquired lands would be in the best interest of the Indian tribe and its members, and would not be detrimental to the surrounding community, but only if the Governor of the State in which the gaming activity is to be conducted concurs in the Secretary's determination.

The Governor clearly has some other agenda in mind and it doesn’t include the people’s interest.  Legislators from Southeastern Massachusetts “the surrounding community” oppose an unregulated, tax-exempt Indian casino complex and other regional tribes oppose the Mashpee-only plan.  Other IGRA requirements for allowing new lands in trust for Indian gaming include having BOTH a modern and historical connection to proposed casino site.

Let’s see how BIA and the courts have dealt with a few recent applications, after years of review and administrative procedures that our local band of would be casino kingpins in Mashpee will just begin if the Governor’s legislation is passed:

·        September 2011 – Guidiville Pomono Tribe casino plans for Richmond, CA – REJECTED. (Reasons: lack of support of the California Governor, lack of both historical AND MODERN connection to proposed site, opposition from other tribes.)

·        September 2011 – Jemez Pueblo Tribe casino plans for Anthony, NM – REJECTED. (Reasons: distance from tribe and opposition from other tribes in proximity)

·        August 2011 – Tenth Circuit affirms BIA rejection of Miami Tribe casino plans for Kansas City, MO – REJECTED. (Reasons: concerns over fractionation of land and long range interests of landowners.)

·        February 2011 – Stockbridge-Munsee Mohegan Tribe casino plan for Bridgeville, NY – REJECTED (Reasons: viability of proposal and lack of ability to legally take land in trust under current law)

How do we think the administrators at IGRA will feel about the Masphee Wampanoag tribe application?

·        Ability to govern? Hmm, history of tribal leadership convictions on fraud, corruption and other nefarious charges.   Financial backing from a foreign gambling syndicate with ties to Chinese Triad organized crime.  Might not be a good resume for good government.

·        Modern connection to proposed site?  Even the current Mashpee tribe chairman Cedric Cromwell lacks a modern connection to Mashpee, what possible current day connections can the Mashpee claim to Raynham, Middleboro, Foxboro, Fall River or the other “off reservation” (if they even had a reservation) sites they have planned?

·        Economic impact on and support of other tribes?  We already know the Rhode Island Narragansett tribe has plans for neighboring Twin Rivers and will oppose.  The Aquinnah Wampanoag are asserting their rights (and they are the only federally recognized tribe in Massachusetts with land in trust on which they could legitimately argue for a right to gaming).  Of course the Mohegan’s who want another casino in Palmer, MA will not want Mashpee competition.  The Pequots at Foxwoods will have their say.   Doesn’t look good on that front either. 

Where they stand on special interest gaming legislation? Let’s do a roll call.

We now know what Deval Patrick, Therese Murray and the gaming lobbyists want – special interests’ carve outs for slot machine companies and foreign backed Indian casino campaign contributors.    No matter what line of B.S. Greg Bialecki or Stan McGee claim about the inevitability of Indian casinos in the Commonwealth, their arguments for dedicating Southeastern Massachusetts to the Mashpee Wampanoag and ONLY the Mashpee’s simply don’t hold water.   Their addendum to the gaming legislation for this single, small and questionable special interest group at the expense of state revenue, jobs and community control reeks of political corruption, plain and simple.

But what will matter now is where our legislators stand on this issue.  It’s pretty simple. 

1.      You are either for preferential treatment of tax-exempt, foreign-financed Indian casinos which give huge returns to slot machine companies but lower returns to the state coupled with loss of state and local community jurisdiction, or

2.      You are for competitively bid casinos which will create jobs quickly,  maximize revenues to the state without loss of state or local community controls

So, where do they stand?  Most Bay State legislators have been silent on this special treatment legislative carve out for lobbyist Bill Delahunt’s band of POAID- (person of ancient Indian descent) led Mashpee Wampanoag and their Malaysian gambling syndicate financed “reservation casino complex.”  We know where the members of the Joint Committee on Economic Development and Emerging Technologies stand – they sent the Governor’s special interest bill to the House and Senate “without dissent.”  Now, most of these Joint Committee members, like the Governor and Murray, are big recipients of casino lobbyist campaign cash – tens of thousands in contributions apparently goes a long way toward legislators selling out their constituents’ best interests.  We know where Therese Murray’s “point man” Senator Stanley Rosenberg stands as he is whipping the votes to pass this bill without scrutiny or debate over the special interest carve-out.  Stan conveniently is another top casino lobbyist campaign cash recipient.  But let’s start taking a roll call for the rest – ask your state senators and representatives where they stand and help us fill in the list BEFORE it’s too late for a real debate and evaluation of what’s best for Massachusetts.

Let’s start the roll with our senators – sadly, Therese Murray really delivered the “Ca-Ching” to her senate colleagues as all but one took casino campaign cash, but that doesn’t mean they are bought.  So click on the link to their name and ask them and post their responses to the comment section.  I’ve asked them all, but nobody’s talking to me.

Remember, it is simple, they are either:

·        For preferential treatment of tax-exempt Indian casinos backed by overseas syndicates

Or

·        For retained local community control, rapid job creation and maximized state revenues from competitive, no special interest gaming

                 Senator                                Special Interests    - or -   Commonwealth

Therese Murray		For		Against		Tens of thousands in campaign contributions from slot machine and Indian lobbysts.
Bruce E. Tarr		?		?
Baddour, Steven		?		?
Berry, Frederick		?		?
Brewer, Stephen		?		?
Candaras, Gale		?		?
Chandler, Harriette		?		?
Chang-Diaz, Sonia		?		?		Opposes gaming, but unknown if she'll also fight against the special interest components of the bill.
Clark, Katherine		?		?
Creem, Cynthia		?		?
DiDomenico, Sal		?		?
Donnelly, Kenneth		?		?
Donoghue, Eileen		For		Against		Member of Joint Committee which sent special interest inclusive bill without dissent to the legislature.
Downing, Benjamin		?		?
Eldridge, James		?		?		Opposes gaming, but unknown if he'll also fight against the special interest components of the bill.
Fargo, Susan		?		?		Opposes gaming, but unknown if she'll also fight against the special interest components of the bill.
Finegold, Barry		?		?
Flanagan, Jennifer		?		?
Hart, John		?		?
Hedlund, Robert		?		?
Jehlen, Patricia		?		?
Joyce, Brian		For		Against		Member of Joint Committee which sent special interest inclusive bill without dissent to the legislature.
Keenan, John		?		?
Kennedy, Thomas		?		?
Knapik, Michael		?		?
McGee, Thomas		?		?
Montigny, Mark		?		?
Moore, Michael		?		?
Moore, Richard		For		Against		Member of Joint Committee which sent special interest inclusive bill without dissent to the legislature.
Pacheco, Marc		?		?
Petruccelli, Anthony		?		?
Rodrigues, Michael		?		?
Rosenberg, Stanley		For		Against		Therese Murray "point man" in charge of lining up votes.  Top recipient of lobbyist cash.
Ross, Richard		For		Against		Member of Joint Committee which sent special interest inclusive bill without dissent to the legislature.
Rush, Michael		For		Against		Member of Joint Committee which sent special interest inclusive bill without dissent to the legislature.
Spilka, Karen		For		Against		Chair of Joint Committee which sent special interest inclusive bill without dissent to the legislature.
Timilty, James		?		?
Tolman, Steven		?		?
Welch, James		?		?
Wolf, Daniel		?		?