Monday, October 01, 2007

Mashpee Wampanoag Tribe was up for sale to highest bidder

9.29.07
Tribe has been put up for sale to wealthy outsiders

By Peter Kenney (Gadfly)

The internal politics of any family, clan, tribe or race can be brutal. All of history shows us conflict among all people at various times. But the Mashpee Wampanoag tribe faces a challenge of unknown proportion as it attempts to stay the course toward a tribal casino. If the Mashpee casino is to be what some call the new buffalo, there is considerable housekeeping to be done, unfortunately as much for the benefit of outsiders as for the tribe itself.

Due process must be guaranteed for tribe's members

The tribe was committed to agreements and obligations unknown to the tribe's members.When a corporation borrows from a bank or issues stock shares or bonds, there must be a corporate resolution showing that due process was followed by those who govern the corporation, that the corporation's rules were followed to the letter. The same is true when agreements are cemented between a government or government agency and a corporation.

Currently it appears to observers outside the tribe and to many members of the tribe itself that under former tribal council chairman Glenn Marshall, the tribe was committed to agreements and obligations unknown to the tribe's members.

Questions are asked, answers are scarce

The first fruits of federal recognition appear to be lost to tribe members... rights they always had under U.S. law. As members of the tribe attempt to resolve issues that will affect how well the tribe can function as a partner in a hugely expensive undertaking, the politics of the absurd prevent progress. Questions are asked, but answers are scarce. While issues are raised, solutions are put out of reach. An important meeting is scheduled, but there is no quorum. Worst of all, the first fruits of federal recognition appear to be the loss by tribe members of rights they always had under U.S. law, and protections that accompany those rights. Secrecy, shunning, denial of free petition and leadership silence are the currency of the tribe's new sovereignty.

Investors have vested interest in tribe's competitors

There are those who feel that the tribe was put up for sale, but no one told the members, and the only buyers were already wealthy outsiders whose known history shows them all too willing to reap huge profits from gambling in Connecticut at the expense of a tribal partner.

The tribe was not told that Herb Strather, their angel from Detroit, was selling his interests in the tribe's future, or to whom, or at what profit. In fact, the great majority of the tribe's members do not even know what agreements and contracts Strather had with them originally, nor do they know what the new investors have on paper. It seems that the tribe/developer partnership will apply to the state for some sort of gaming license, but will the state be assured that it is not helping the tribe cut its own fiscal throat? I have recently learned, for example, that Strather's agreement to sell his interest began a year earlier than I first thought. His deal was done long before June of this year.

Tribe's governances must handled properly and fairly

The Mashpee Wampanoag obligation is first to themselves and only then to others, even casino partners. It is critical for the tribe's governance to operate properly and fairly. It is critical for the cultural and personal success of the tribe's members, but it is also necessary for the tribe's financial success, for its future and the future of its children. The Mashpee Wampanoag obligation is first to themselves and only then to others, even casino partners. A reorganized tribal council with a unified tribe can weather any storm and a strong and just council will present the right face to the world. Just as important, the tribe's spokesman should be a Mashpee Wampanoag with spiritual connections to his or her people, not a white guy from Boston with political connections known only to him.

Whatever Gov. Deval Patrick decides, whatever the Legislature decides, there should be a valid corporate resolution from and by the true people of Mashpee, an informed and widely supported decision by the entire tribe to move forward with a particular partner under predetermined conditions. If the governor settles for anything less, he will be doing a great disservice to this ancient and honorable people and giving his blessing to greed, fraud and exploitation.

We have consumer protection laws, banking laws, anti-fraud statutes ... what about tribal casino rip-off protections?

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