Sault Tribe $2.66 Million 7 +1 Case in Front of MI Supreme Court

SUMMARY AND HIGHLIGHTS
A full copy of the MI Supreme Court Proceedings can be downloaded:
Click here










Summary of the Case

Of the $2.9 million,Who Got What? (click to see how much each got)

Overview

The Facts: The 2004 Tribe Election

The Scheme to Steal the Tribe's Money

Checks Cut in Secret during Employee Picnic

Admission of Guilt: In Their Own Words (click to see their admissions in their own words)

Defendants Take the Money and Run

Bouschor Knew He Did Not have the Authority...(click to see Bouschor Quote admitting he did not have the authority)

Bouschor Pays His Greektown Girlfriend > $200,000! (click to see her name)

Mitchell Research Produces Salacious Michael Jackson Mailers

Bouschor's Daughter on Tape Stealing Tribal Property

Click to see current attorney Aaron Schlehuber's Advice to Bouschor

Click to Share your Opinion on the Case

Donna Marble / May 21, 2009

I will call that reporter promptly. Can you post the following on all sites? Provide the first three paragraphs on the first page and click to read the following because it is long. Thanks.

On or about August 15-17, 2008 I informed my manager that I was not going to be in to work that Thursday and Sunday, which would have been August 21st and 24th 2008. I did this through my manager’s (Russ M.) GroupWise. GroupWise is the official electronic mail system for the Sault Tribe and Kewadin Casino.

On August 26, 2008 I walked into the Entertainment Office at Kewadin Casino and was told by my manager’s secretary (Karen V.) I was going to have paperwork in the mail do not bother coming in on Thursday.

On August 27, 2008 I received termination papers from Kewadin Casino for a three day no call no show. The dates were for August 21, 23, and 24, 2008. I did not grieve the termination because I had another job at the time. In October of 2008 I filed for Unemployment Compensation. I received Unemployment Compensation Up until March 2009 when Far Management and Kewadin Casino put in an Appeal for Re-determination on February 25, 2009.

Download full letter here.

Just in: From Tony Grondin

From: Tony Grondin [mailto:tgrondin@charter.net]
Sent: Tuesday, April 7, 2009 11:47:54
Subject: Prosecution

Now that Aaron Payment ics not employed by MSU anymore seems he is dedicating his time to rendering information about our corrupt CFO Victor Matson Jr.. Payment alleges time cards were being shredded after work on the day Victor Matson put Paquin back to work.

Payment also alleges he sent the following e-mail to Matson;

See Below

Payment alleges many things but mentions nothing of whether or not he rendered this information to the Federal Grand Jury. Regardless it is out there and our CEO, Joe McCoy is now implicated in protecting CFO Victor Matson Jr.

After reading Director Hoffman's unit report I would think that he would jump on this as he has portrayed himself as a members director.
This is the kind of information we need to bring an end to deceit. Either Payment is lying or our entire BOD is guilty of fraud. Either way we can shut one or the other up.

This also brings up another big question????? What role is our tribal law enforcement (prosecutor) taking in this? Is there an internal investigation? If not why not? A formal letter is being drafted at this time which will include the above allegations of Aaron Payment. This letter will be sent registered mail with return receipt to the entire BOD and Tribal Prosecutor with carbon copies to the States Attorney General, BIA, FBI and two major news publications. Let there be no excuse to deny knowing this information.

While the Federal Grand Jury was in session I said the BOD needs to be careful of their testimony. I know for a fact the BOD was asked of they were aware of any of this information. I do not know what their answer was but I'll bet it will play a major role in all this.

TG

Paquin's Alleged criminal activity

Narrative: posted 4/ 7 /2009 below

With the likelihood that a Federal Grand Jury out of Marquette will render a decision to indict Fred Paquin any day now, I think it is important for Members to see what role Kristi Little and Victor Matson played through their complicity. Both knew as of 3-5-08 that he was being investigated by the BIA - Criminal Investigative Unit and the FBI. However, Victor Matson put Paquin back to work on 3-6-08. On Thursday - March 20, 2008 Kristi Little reported to me that she understood that time cards were being shredded after work on the day Victor Matson put Paquin back to work. Below is the actual email sent to Little and Matson. By then, however, two weeks had lapsed and the opportunity for destroying evidence was plenty.

On Fri, 3/21/08, Aaron Payment wrote:
From: Aaron Payment
Subject: Investigation
To: "Victor Matson" , "
Date: Friday, March 21, 2008, 11:31 AM
I cannot express how disappointed I am that there is an apparent criminal investigation occurring that you both knew about but didn't feel the need to inform your supervisor. I understand that you both knew as of 3-5-08. This is a full 15 days ago!

I am less concerned that neither of you felt the need to inform both your supervisor and the CEO of this Tribe than I am with the possibility that evidence is being destroyed. With reports that evidence is being destroyed, I am wondering why no one bothered to try to secure files, documents, time cards, network systems or any other possible evidence that may be required for prosecution. I also understand that staff attorneys suggested that we do something to lock down possible evidence and that the response was that we didn't want to offend the individual
who is the subject of the investigation.

On Monday, I plan on contacting the FBI myself to make clear that we will fully cooperate in whatever investigation they deem necessary and urge them to further investigate whether or not there were any efforts to obstruct justice. If evidence is being destroyed, this suggests to
me that someone who was informed of said investigation alerted the individual who is the subject of the investigation.

Before I conclude no activity occurred to protect the property of the Tribe that may be necessary for this criminal investigation, I need each of you to report to me if any measures were taken under your responsibility to protect such possible evidence.

Next, I need you to chronicle all communications you have had with anyone including email, text messages, phone conversations, etc. regarding this issue inclusive of any reports you have received that evidence may have been or is being destroyed.

You are hereby directed not to delete any files from your computer or alter any cell records or files from your blackberries.

Victor: With just the specter of a possible investigation of XXXX XXXXXXX, and her subsequent suspension from work, I need to understand why this is not the same recommendation for the individual who is the subject of this criminal investigation?

Finally, you are both hereby directed to not communicate the contents of this email with anyone and are not to speak of this investigation with anyone without first clearing any and all communications through Joceyln Fabry, Tribal Prosecutor.

Failure to comply with the contents of the above directives will be cause for immediate suspension and possible termination.


Causley's complicity or conspiracy with Paquin's Alleged criminal activity

Tribal Board Agenda for next Tuesday - 4/7/09

I cannot believe all of the negative changes that have been made. Here just some:

* OVER 150 JOBS ELIMINATED – PROVOKING UNIONIZATION
* ABOLISH TRIBAL EMPLOYMENT TERMINATION APPEALS
* ABOLISH TRIBAL EMPLOYEE REVERSE PREFERENCE FOR LAYOFFS
* SUSPENSION OF ANTI-RETRIBUTION POLICY IN EMPLOYMENT
* ELIMINATING TRIBAL MATCH ON EMPLOYEE RETIREMENT CONTRIBUTIONS
* THE ELDER CHECKS REDUCED BY $1,000, TRIBAL COUPLES REDUCED BY $2,000
* ELIMINATE THE TRIBAL CHILDREN'S CHRISTMAS PARTY
* ELIMINATE TRIBAL FOSTER KIDS CHRISTMAS PRESENTS FROM TRIBAL DOLLARS
* ELIMINATE THE ELDER'S THANKSGIVING DINNER
* ELIMINATE TRIBAL MEMBER MEETINGS IN EACH UNIT MONTHLY AND OUTSIDE OF THE UP
* CUTTING OUT A MEAL A WEEK FOR OUR ELDER CONGREGATE MEAL PROGRAM
* ELIMINATE YOUTH SPORTS SPONSORSHIPS (INCLUDING DRIVER’S LICENSE, ETC.)
* REQUIRE A NEW FEE FOR OUR HUNTING AND FISHING LICENSES
* REQUIRE A NEW FEE FOR APPLYING FOR THE BLOOD QUANTUM CERTIFICATION
* REQUIRE A NEW FEE FOR YOUR MEMBERSHIP RENEWAL CARD
* ELIMINATE THE INCENTIVE AWARD FOR EMPLOYEES
* CUT OUT 500 OF OUR TRIBAL COLLEGE STUDENTS FROM RECEIVING ANY ASSISTANCE
* LOSSES AT GREEKTOWN EXCEEDING $142 MILLION SINCE THE 2008 ELECTION
* CONTINUED LOSS OF UP GAMING MARKET SHARE
* CHAIR POSITION REDUCED TO PART TIME JOB, WITH FULL TIME PAY & BENEFITS.

THE LIST GOES ON AND ON.

CONCENTRATING POWER: BACK TO AN AUTOCRATIC GOVERNMENT?

Regarding the agenda for Tuesday, I have noticed a trend toward centralizing power in the position of Chair. Several resolutions delegate the authority and even provide that in the future, approval will not even come to the Tribal Board. Here are some examples:

In the past, the Board used to vote on our casino liquor licenses for each casino. The resolution on the agenda delegates this to the Chair from here forward.

The change in the retirement plan is another example. First, there is no indication that this was put out for bids. It gives the Chair carte blanche authority to switch every employee's retirement savings from one plan to another. It says nothing about an articulation of benefits which is usually required and shared with those it will affect so they can decide if it is good for them. Currently, employees can select a menu of options of where to put their retirement savings. The new plan does not say that.

I wonder if the McCoy Administration plans to use these funds to invest in Greektown which would likely mean their entire retirement savings could be wiped out. What is the balance of the Elder fund by the way? Is any of it left? If loaned to Greektown, and since GT is in Chapter 11, what is our priority for being repaid? Are all other creditors ahead of us? Will Ted Gatzaros, the greek, get this money first?

BURYING THE DETAILS IN ATTACHMENTS TO STIFLE YOUR RIGHT TO REFERENDUM?

Also, there are several resolutions that reference an attached plan. Clearly, this is being done so that members don't know what they are voting on and are less likely to put this to referendum. If Members do gather the signatures, they will likely fail anyway because the language in the resolution is so vague that the Members won't realize it should be challenged and are instead tricked into supporting its passage.

Changing the Indirect Cost rate is an example. In the past, the resolution used to spell out what the changes are and what specific numbers are changing. Again, the devil is in the details are buried in the attachment.

IS AN INCREASE IN RESIDENT RENTAL RATES IN THE PLAN?

The Change to the Housing Plan Year document without explaining how this will affect residents is of concern. The Housing Commission and Authority are required by federal law to hold public hearings. Did they? Even if they did, why not list out what these changes are so if there is something adverse, Tribal housing residents can challenge the decision via right of referendum. An example, in 2001, the Housing Authority (staff) proposed to raise all residents by 33%. I was a Housing Commissioner then as was Dan Tadgerson. We teamed up to read through federal regulations and discovered that several individuals (including Jolene Nertoli's the Housing Director’s children) were living in Tribal housing and paying the same rent as poor people when they were not low income. We challenged the proposed changes at a Board meeting and got a different plan passed that required those who were not low income to pay market rent while low income members paid a minimal rent. This proposal balanced out financially with the more disastrous proposal put forward by staff. If we had not been able to see the details, we would never have been able to challenge this decision.

WHO IS CUT OUT ON TRIBAL HEALTH COVERAGE THIS TIME?

The change to the Health Bylaws claims to just be a name change but again, it references an attachment. What is of concern here is did they reduce eligibility for Priority 1-A? Did they eliminate the appeals procedure? Are Elders cut out of the plan? Are college students cut out of the plan?

SHARING YOUR CONFIDENTIAL MEMBERSHIP INFORMATION WITH OUTSIDERS!

Finally, the Request for Tribal Assistance - BIA, will give our Membership list to the BIA. They don't specify what the purpose for this is. This list is intended to be private. The local BIA office has been trying to get their hands on our list for years. They claim it is for calculating blood quantum but that is our sovereign right to maintain this information within the Tribe. This is one that should certainly be submitted to a referendum. As a sovereign nation, we should not have to provide our list to the BIA. Are you comfortable with sharing your Membership information (any level of information) with the BIA?

UPDATES:

Again, I will try to provide objective updates without opinions. Thanks.

Please circulate to other Tribal Members or ask them to
provide their emails for updates directly.

Download Tribal Board Agenda for next Tuesday - 4/7/09

TRIBAL UPDATE - April 4, 2009

In the abyss that has become Sault Tribe communications, I am providing you with a brief update and some links to blogs or webages that other Tribal members have established to keep you informed.

We were promised greater revenue based on McCoy's great business prowess.
Instead, while he has secured a $7 million minority business contract for his personal company (MCM Marine) the Tribe is no further ahead with minority contract, A-8 certification, economic diversification (all campaign promises), etc. Even DJ Hoffman, a strident Bouschor/McCoy supporter is critical of the manner in which programs and services were cut and with no discernable plan by the current administration to generate additional revenues. Reports show that McCoy spends less than 20 hours a week in his job as Chairperson., does not meet regularly with Division or Program Directors, and has missed several Tribal Board meetings including to go on vacation. In the 12 years I was on our Tribal Board, I missed just one meeting (on the day my mother passed away). A part time Chairperson will never give you a full time commitment.

Don't take my word for it, look at the attached articles. Irrespective of Chapter 11, Bankruptcy protection, since around the time the new administration took office, our Greektown Casino has lost $142 million in market share. Yes the other two Detroit casinos have seen a slight reduction but nothing like our disasterous losses (see the links #1 through 4 below). Our Kewadin Casino revenue is down as well, but with the cuts to labor (which will likely spark a union petition drive) there is an attempt through smoke and mirrors to show a 'false positive' bottomline. True the economic downturn and the Greek debt promised to our former partners and negotiated by Bernard Bouschor (remember the $168,000,000?!) has something to do with GT's economic demise. During my administration we balanced the budget each year and underspent the amount appropriated by the Board by between $300,000 to $4,000,000 a year. The Indianz.com link below shows that the first time Greektown showed a negative growth (or loss) report was in December 2008, under the current administration with Joe McCoy as a member of the three person Greektown Management Board.

Also, listed below is a link to a letter the Election Committee sent me during the 2008 election that clearly shows McCoy violated our Election laws. The Election Committee's adverse ruling against McCoy were reported to the Tribal Prosecutor's office but rather than prosecute or disqualify him from running for office, they fled in fear and resigned their positions with the Tribe. (see the 5th link listed below).

Link # 6 below brings you to a web page that shows a copy of the Tribe's Forensic Audit report that proves Bernard Bouschor falsified Paul Shagen's blood quantum to get free tuition while attending college in Michigan. Never before and not since, has the Chairman signed off on a blood quantum certification. Shagen was originally denied the waiver by June Nolan, retired Tribal Registrar. While she was on sick leave, Bouschor simply signed the form without regard to Tribal law which requires legal proof of lineage. With 75% of our college student population being less than a 1/4 and therefore not qualifying for the Michigan Indian Tuition Waiver, and with 2/3 of our Membership not eligible, it must have been nice for Bouschor to sign off on Shagen's blood. A few years back, the family of Albert Menominee came to my office to insist Shagen's claims were fradulent. It has been reported to me that Shagen received the Joseph K. Lumsden scholarship based on being a 1/4 blood and gained admissions and qualified for 'in-state' tuition at the University of New Mexico Law School based on his representation that he was a quarter blood. When the Board voted to establish the Forensic Audit, they also voted that the results be made public at the same time they were reported to the Tribal Board. Again, the actual report is available by clicking on link #6.

Okay, this has already gotten too long. Sorry, I will try to keep it to a few short paragraphs from here on.

Thanks.

http://www.detnews.com/article/20090403/BIZ/904030388/1001/rss21

http://www.lansingstatejournal.com/article/20090328/NEWS01/903280319

http://www.detnews.com/article/20090325/BIZ/903250348/1001/Greektown+Casino+in+default++Detroit+says

http://www.indianz.com/IndianGaming/2008/012477.asp

http://3.bp.blogspot.com/_L-5T8nrkkP0/ScuxX-U62XI/AAAAAAAAASM/2WczA9md80o/s1600-h/McCoy+Violates+Election+Laws.jpg

http://tribaltattler.blogspot.com/2009/03/paul-shagen-and-bernard-bouschor.html

Bouschor's Extortionist Threats

Paul Shagen and Bernard Bouschor

The attached is the official forensic audit report to the Sault Tribe Board of Directors and Tribal Forensic Audit Committee that shows that Paul Shagen did not meet the blood quantum requirement to receive the Michigan Indian Tuition Waiver, but that some illegitimate and illegal process was used to qualify him.

This is an act of fraud on both Paul Shagen and Bernard Bouschor's account.

As a refresher, to qualify for the Michigan Indian Tuition Waiver, you must be able to prove lineage to individuals on the Durrant Census using legal documentation. Under Tribal law, the articulated documents that meet this standard include birth certificates or baptismal records; NOT affidavits. Affidavits, according to Tribal law, can be used for adoption purposes but when an individual is adopted, they cannot run for office, receive land claims payments, or use this process to calculate degree of Indian blood quantum. June Nolan, the Tribal Registrar at the time, denied Shagen's blood quantum at ¼ and certified him as 1/8. The current Tribal Registrar - Linda Smith will attest that affidavits are not a legitimate legal means to certify someone’s degree of Indian blood quantum.

At first, Shagen did not qualify. However, after interning with Dan Green, all of a sudden there was a new process that was used exclusively for Shagen and Shagen only. He then received free tuition for the last two years of his bachelor’s degree at Lake Superior State University. He also received the Joseph K. Lumsden Memorial Scholarship fraudulently as you must be ¼ Indian blood to receive this.

Certifying Paul Shagen's blood as ¼ using an illegitimate method is an act of fraud. The Tribal Prosecutor failed to prosecute at the time due to the fact that Shagen was a Member of the Tribal Board of Directors and had allies on the Tribal Board such that the Prosecutor feared for his job. Nonetheless, the act was perpetrated on the State of Michigan and Michigan tax payers as the money that pays for the Michigan Indian Tuition Waiver comes from appropriations from the Michigan Legislature.

Both Shagen and Bouschor know what they did was wrong. Never before and not afterward has any member of the Sault Tribe had their degree of Indian blood quantum calculated using this fraudulent method.

CONTACT BERNARD BOUSCHOR TO REQUEST FREE TUITION:

Since Bouschor had the authority to qualify Paul Shagen, maybe you or your family can get in on the deal. Send Bouschor an Email and ask if he’ll do the same for you.

bbouschor@saulttribe.net

TRIBAL UPDATE FROM AARON PAYMENT

Ahneen, Tribal Members Everywhere:

Just a few quick updates and some links below to catch up on tribal happenings. Given the lack of substantive information coming from your elected Tribal officials, I will do my best to try to collect information and share it with you. Additionally, to the top right are a few links to Tribal member web pages and blogs to share information.

During my last email update on January 2, 2009 where I sent you a copy of the latest litigation effort to recover the $3 million stolen by Bernard Bouschor on election night in 2004 - I received three out of 2,000 emails who do not want to receive updates.

If you do not want to receive updates, please send a reply back to this email titled:
NO UPDATES PLEASE
aapayment@comcast.net


UPDATE #1 - MARCH 29, 2009

GREEKTOWN CASINO SALE AND LOSS IMMINENT:

I have been working out of the Lansing area since early last fall. I came home over the weekend and could not believe the volume of dissatisfaction with the direction our Tribe has taken. What Members have reported to me is that a great deal is happening but Members are not being updated. It has been reported to me that the Greektown Casino has moved from Chapter 11 to Chapter 13. News reports show that the highest offer received for the Greektown casino was just $500 million. The costs alone of the permanent casino has exceeded $545 million; the original construction budget was estimated to cost $517 million. This does not count the well over $800 million our Tribe invested in the temporary casino and all of the associated costs of doing business in the Detroit Gaming Market. In the end, it looks like we will take at least a $300 million loss on the equity we have in the property.

Additionally, with the Elder Fund spent (if not entirely) on Greektown, the situation up North looks dire. Our current programs and services were dependent on our Greektown revenue projections. Instead, the Michigan Gaming Control Board web site shows that we are down a whopping 11.6% comparing January 2009 to January 2008. (Source: http://www.michigan.gov/documents/mgcb/revstaxes_2009_267050_7.pdf)

BOUSCHOR'S SWEETHEART DEAL:

Make no mistake, the mounting Greektown debt was created by the sweetheart deal Bernard Bouschor gave away by first giving 50% ownership to the Greektown on their $24,000 investment and the resulting $268,000,000 debt owed to the Greeks. Imagine how far ahead we would be if we didn't have to make those payments. Clearly, we would be in the black and not being forced to sell at a loss. When I was elected in June of 2004, there was a balloon payment of $60,000,000 due. Under the Bouschor era, not one penny was paid of this debt. During my administration, all but $50,000,000 was paid down on the $268,000,000 created by Bouschor.

UP CASINO LOSSES, JOB CUTS CREATE UNION ENVIRONMENT:

Furthermore, while Kewadin Casinos boasts a 3% increase in our net revenue for 2009 over 2008, this doesn't factor out the diminished gaming maket experienced in the UP. The net figure shows an increase due to a gutting of the operational costs. Some were probably warranted, but the manner in which Tribal members were terminated without regard to the Tribal Employment Appeals Policies, and while suspending Indian preference (meaning many Tribal members got the axe) takes us back to the era when the Bouschor administration treated employees much like the auto factories of the 1950s, before union protections. With the threat of unionization looming around Indian casinos, I fear the current administration provided the perfect incubator enviornment for union sentiments to fester. Afterall, without employee protections and appeals, or Indian preference to ensure our Members are the last to be layoffed, why wouldn't our Tribal members petition to unionize? Quite frankly, unless the Tribal Board moves quickly to enact Tribal labor law in an environment where their is a true separation of powers with an independent court system, I don't know why we shouldn't have a union. This is not an ineventuality, but it will be unless the governing board moves quickly to protect Members' jobs.

Countless members have called me, stopped me at Walmart, or emailed me to tell me that they want me to come back home and run for Tribal office. The problem with this is that there are no open seats until June 2010. Instead, folks have insisted I get involved and speak out to give voice to what many are feeling during these hard times. An elder (the sister of a tribal board member) came to my house and broke down crying when she explained how desparate her financial situation is with the Elder fund dividend having been cut to just 38% of what it was when I was Chair. She explained that she intended to retire by now from her casino job as she is approaching 70 years old and had a stoke just a few years ago. She also reported that the employee Christmas bonus of $1,000 she usually received was also cut. In total, she took a $2,600 cut to her annual income. She was extremely upset with the number of fellow Tribal members who were terminated after the election. She said the Tribal Board voted by majority to suspend the Tribal Employment Appeal procedures and the Sault Tribe's reverse Indian Preference policy (meaning Tribal members are supposed to be last to be laid off). A Tribal elder couple in Okemos reported that they went from a dividend of $3,200 to just $1,200. They explained that this is what they used for taxes, medicine co-pays, and Christmas presents for grandchildren.

Another Tribal member expressed frustration with the fact that there is currently is a void of leadership and communication with the Members reporting that the current Chair claims the law will not allow him to update the Members on what is going on. Being in this position previously, I can tell you that there is no such law that prohibits complete and open communication with the Members. If the current Chair would like to cite to you the revelant Tribal, State or Federal laws that prohibit him from communicating with Members, then he should list this as he makes these claims.

THE REAL LANA CAUSLEY: BEHIND CLOSED DOORS

If you haven't listened to the recognizable voice of Lana Causley making her highly emotional demands to put Fred Paquin back on the job, please do so now. You no longer need to wonder if the rumors are true when the voice says it all. Listen to the threatening tone when she addresses the tribal attorneys. The meeting was not public so Causley had no reason to fake niceness since those present had already been exposed to her real personality on numerous occasions.
Soon we hope to find out the results of the FBI investigation and the Grand Jury decision regarding Flapping Jaws Freddie. Is it true that he made a deal to flap his jaws for freedom? It may be that the directors that sought to protect him had good reason to save his sorry ass.
Maybe Flapping Freddie was worried about what would happen to his sorry ass if it landed in prison and I mean that literally. Would Flapping Jaws end up speaking in higher octaves by the time he was released? Me thinks Flapping Freddie wants company and he may get it in more ways than one.
I'm kurious, aren't you?

Causley's complicity or conspiracy with Paquin's Alleged criminal activity

The attached video clip was taken during a closed workshop of the Tribal Board (not a duly called meeting).

ISSUE: Lana Causley and other select Tribal Board members' involvement or complicity in Fred Paquin's return to work while being investigated for embezzlement (among other things) so he could try to destroy evidence?

BACKGROUND:
In August 2007, Fred Paquin was accused by the Tribal Prosecutor's clerk that he assaulted her. Shortly thereafter, the MI State Police opened a criminal investigation. The Tribal Prosecutor recommended that Paquin be suspended from work and turn over his guns. On the day Paquin was suspended, DJ Hoffman insisted that the entire issue was made up and just politics. Several Board members insisted they did not care what the allegations were, but that Paquin be put back to work.

Over the next several weeks, Paquin reportedly called the alleged victim to threatened her to drop the charges and that if she didn't she and her family members would lose their jobs. These conversations were wire tapped by the MI State Police and recovered by the Detroit Free Press from the MI Attorney General's office under a F.O.I.A.

Given the seriousness of a Police Chief being accused of assault, the Chippewa Country Prosecutor requested that the MI Attorney General's Office appoint a special prosecutor to prosecute. Paquin was arrested and arraigned.

In December 2007, Director Cathy Abramson submitted a resolution to undo an organizational chart change Chairman Payment made to protect the victim's father who worked at the Tribal Detention Center which is situated under the Tribal Chief of Police's authority. Recall his threat against the victim and her family. Director Abramson's new organizational chart placed the victim's father directly in the line of fire. It also moved both Victor Matson (Assistant Executive Director for Internal Services) and Kristi Little (Associated Executive Director for Tribal Programs) directly under the Tribal Board of Directors.

Sometime in February of 2008, the FBI and BIA Criminal Investigative unit opened a case on Fred Paquin dealing with suspected embezzlement of federal C.O.P.S. funds (U.S. Department of Justice source of revenue) and of BIA Self-Governance dollars. Both the Tribal Prosecutor's office and the Tribal Legal Department were aware of the investigation.

On March 4, 2008, while Paquin was being investigated for criminal activity, Directors Causley and Hoffman pushed extremely hard to place Paquin back to work. Paquin was not in the room, but Causely and Hoffman took turns up dating him on the conversations the Tribal Board during the workshop. Director Massaway (Paquin's first cousin) was also an advocate for placing Paquin back to work. Obviously, if asked the FBI and BIA would have preferred they conclude their investigation prior to Paquin returning to work to avoid giving him access to destroy evidence.

ATTACHED VIDEO:


During the March 4, 2008 workshop (not a duly called meeting) Director Causley was extreme in her insistence that Paquin go back to work immediately. There seemed to be a great sense of urgency and immediacy in her voice. The attached video clip captured her brow beating Tribal Attorney's into submission with clearly a threatening tone. Collectively, (not all) but a majority of the Tribal Board insisted that Paquin go back to work immediately and insisted that Victor Matson, Jr. place him back to work. They reminded the Chairman that he had no authority to keep Paquin on suspension given Director's Abramson's resolution from December 2007 which placed the Chief of Police under Victor Matson, Jr.

On March 6, 2008, Paquin returned to work. Reportedly, he stayed after hours his first day of work. Varied accounts had him destroying documents and shredding time cards. This was reported by Kristi Little. Tribal Attorney Aaron Scheluber was aware of this. One of the allegations against Paquin is that he paid his daughter using federal funds to serve as a teacher at the Tribal Detention Center while she was doing her student teaching rotation at the St. Ignace schools. In other words, he allegedly paid his daughter a professional teacher salary for up to 9 months to teach the children at the Detention Center when in fact she did not teach there at all. Instead, she was busy full-time with her student teaching at the St. Ignace schools.

Did Lana Causley, DJ Hoffman, Keith Massway, Aaron Scheluber, Kristi Little and Victor Maston, Jr. know that this was the basis of the allegation when they forced him back to work? Did they realize that he might try to cover up alleged embezzlement actions by destroying time cards? Is this the reason for the urgency to put him back to work?

In the video, the two attorneys who were not present but for which Tribal Chairman Payment insisted their opinions should be heard were the Prosecutor and Assistant Prosecutor - James Bias and Jocelyn Fabry. Both were contacts with the FBI and BIA investigators. Their involvement may have prevented Paquin from going back to work. Both Bias and Fabry announced one week prior to the election that they were leaving Sault Tribe employment and taking the alleged victim with them to work in private practice.


Narrative: posted 4/ 7 /2009

With the likelihood that a Federal Grand Jury out of Marquette will render a decision to indict Fred Paquin any day now, I think it is important for Members to see what role Kristi Little and Victor Matson played through their complicity. Both knew as of 3-5-08 that he was being investigated by the BIA - Criminal Investigative Unit and the FBI. However, Victor Matson put Paquin back to work on 3-6-08. On Thursday - March 20, 2008 Kristi Little reported to me that she understood that time cards were being shredded after work on the day Victor Matson put Paquin back to work. Below is the actual email sent to Little and Matson. By then, however, two weeks had lapsed and the opportunity for destroying evidence was plenty.

On Fri, 3/21/08, Aaron Payment wrote:
From: Aaron Payment
Subject: Investigation
To: "Victor Matson" , "
Date: Friday, March 21, 2008, 11:31 AM
I cannot express how disappointed I am that there is an apparent criminal investigation occurring that you both knew about but didn't feel the need to inform your supervisor. I understand that you both knew as of 3-5-08. This is a full 15 days ago!

I am less concerned that neither of you felt the need to inform both your supervisor and the CEO of this Tribe than I am with the possibility that evidence is being destroyed. With reports that evidence is being destroyed, I am wondering why no one bothered to try to secure files, documents, time cards, network systems or any other possible evidence that may be required for prosecution. I also understand that staff attorneys suggested that we do something to lock down possible evidence and that the response was that we didn't want to offend the individual
who is the subject of the investigation.

On Monday, I plan on contacting the FBI myself to make clear that we will fully cooperate in whatever investigation they deem necessary and urge them to further investigate whether or not there were any efforts to obstruct justice. If evidence is being destroyed, this suggests to
me that someone who was informed of said investigation alerted the individual who is the subject of the investigation.

Before I conclude no activity occurred to protect the property of the Tribe that may be necessary for this criminal investigation, I need each of you to report to me if any measures were taken under your responsibility to protect such possible evidence.

Next, I need you to chronicle all communications you have had with anyone including email, text messages, phone conversations, etc. regarding this issue inclusive of any reports you have received that evidence may have been or is being destroyed.

You are hereby directed not to delete any files from your computer or alter any cell records or files from your blackberries.

Victor: With just the specter of a possible investigation of XXXX XXXXXXX, and her subsequent suspension from work, I need to understand why this is not the same recommendation for the individual who is the subject of this criminal investigation?

Finally, you are both hereby directed to not communicate the contents of this email with anyone and are not to speak of this investigation with anyone without first clearing any and all communications through Joceyln Fabry, Tribal Prosecutor.

Failure to comply with the contents of the above directives will be cause for immediate suspension and possible termination.

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