Rocky Boy asks for emergency hearing in lawsuit

The Chippewa Cree Tribe has called for an emergency hearing with Hill County District Court Judge Daniel Boucher to immediately release funds the tribe says were wrongly taken from tribal accounts by BEH Gaming Ltd., a  Florida gaming company, as a result of judgment in an ongoing lawsuit.

BEH sued the tribe and other entities, saying they failed to repay money BEH guaranteed or lent them to build or improve Northern Winz Casino on Rocky Boy’s Indian Reservation.

Shelby DeMars, a spokesperson for the tribe said this morning in an email that the tribe has not yet received any response as of this morning.

Chippewa Cree Tribe Business Committee Chair Harlan Baker said Tuesday in a letter posted on the tribe’s Facebook page and sent to the Havre Daily News that there would be a reduction in services provided by the tribe’s government as well as child support and general assistance payments, saying BEH improperly seized funds from tribal accounts, some of which had been zeroed out.

DeMars said no layoffs have since been made and that the Business Committee, its attorneys, accountants and staff are talking with banks to defend the tribe.

“The Business Committee is trying to do everything possible as to avoid any cuts or layoffs and are working to save as many jobs as they can,” DeMars said.

DeMars said in the email that as it is ongoing litigation, it would be premature to speculate on how many people would be laid off or what services cut.

“But we want to be as transparent to our community and members as much as we can to afford them assurance the (Business Committee) and staff are doing everything to the best of their ability,” she said.

The Feb. 14 order by state district Judge Dan Boucher allowed BEH to collect between $25 million and $30 million the tribe, the Chippewa Cree Community Development Corp. and the tribe’s online lending company, Plain Green, as part of a breach of settlement claim.

BEH was the guarantor of a $12.6 million loan the tribe took out in 2006 to build the tribe’s Northern Winz Casino.

Boucher’s order says the tribe and Chippewa Cree Development corporation must pay more than $20.62 million in principal and interest on loan and settlement agreements, more than $4.56 million on a promissory note signed by tribal officials in 2011 and $4.56 million from Plain Green distribution agreements.

Whether the two identical $4.56 million payments are separate or joint, with a total of more than $25 million or $30 million, was unclear, and Judge Boucher was not available for comment by print deadline this morning.

In his letter, Baker said, loan documents gave BEH the authority to collect funds through Northern Winz, but that BEH levied funds from many tribal accounts.

Baker said in the letter that jobs of essential staff and law enforcement would be retained, and the tribe will continue to fight for the tribe on the case.