My conclusions, after attempting to apply a suitably
adjusted set of equitable principles to the facts of this case,
are that plaintiffs have properly asserted a claim for
restitution; that this Court has both the jurisdiction and the
power to adjudicate that claim; and that the evidence supports an
award in the amount of $455,600,000, a number that is within the
range of the government’s own admitted “uncertainty” about the
amount necessary to restore the proper balance to the IIM trust.
I have rejected the plaintiffs’ claim of entitlement to an
additional sum representing “benefit to the government.”
This opinion –- indeed, this litigation –- neither
deals with nor resolves any claims that IIM account holders may
have for damages against the government.1 And it leaves for
another day the question of how and to whom the award should be
distributed.
For the complete story:
www.indianz.com/News/2008/010226.aspIndianz.Com. In Print.
www.indianz.com/News/2008/010226.asp Judge issues final ruling in Cobell trust case
Thursday, August 7, 2008
Filed Under: Cobell
Judge James Robertson issued his final ruling in the Cobell v. Kempthorne case, concluding that Indian beneficiaries are owed $455.6 million for mismanagement of their trust funds.
The amount is far lower than the $47 billion sought by the Cobell plaintiffs. It's not much higher than the "hundreds of millions" that has been suggested by the Bush administration.
"I am disappointed, to say the least," said lead plaintiff Elouise Cobell, a member of the Blackfeet Nation of Montana. "We believe we presented a strong, compelling case that individual Indian trust beneficiaries are entitled to much more than the government's admitted mismanagement of our trust monies over the past 120 years."
"The department is gratified that the court recognized the complexities and uncertainties involved in this case," responded Jim Cason, the associate deputy secretary at the Interior Department. "We look forward to working with the court, the Congress, and the plaintiffs to bring the case to final closure."
Cobell said an appeal is possible. Robertson said his decision does not resolve potential damages claims against the federal government.
Court Decision:
Cobell v. Kempthorne (August 7, 2008)
Relatives,
This is so TYPICAL. The theft continues.
MIKE