Purported American Indian Land Conveyances

A court case from the 10th Circuit addresses fraud and fraudulent “purported” conveyances of American Indian allotment lands in which the court held:

The Begay and Mrs. Cecil Navajo allotments were still held in trust by the United States, pursuant to the provisions of the General Allotment Act, 25 U.S.C. § 331, et seq. (1976). We agree.

See https://casetext.com/case/begay-v-albers.

Then in U.S. v. Mottaz, 476 U.S. 834 (1986), the Court found that 25 U.S.C. Section 345 applies more when an original allotment is the subject matter and when the claim is brought forth when there is lawful entitlement by virtue of any Act of Congress. “The structure of § 345 strongly suggests, however, that § 345 itself waives the Government’s immunity only with respect to the former class of cases: those seeking an original allotment.” In fact, Section 345 has been used in many cases to bring quiet title actions against private parties other than the federal government. From the case text, there are two ways types of jurisdiction available to a federal District Court under Section 345 and the most important is when ii) proceedings are “in relation to” the claimed right of a person of Indian descent to land that was once allotted.

Interesting to note that 28 U.S.C. Section 2415, as laid out under sub part (c) does not bar commencement of actions when the it involves establishment of title to, or right of possession of, real or personal property. In the fraudulent land sales during my Grandmother Susie’s probate (within five months of each other by Theresa Robinson and Josephine Brown Graham) and against my father’s rights as the only surviving heir and a child at the time, Congressional land restrictions were not removed by the Secretary of Interior and neither could the District Court of Oklahoma take its proper jurisdiction. 

Indian land theft was prevalent and pervasive as my research uncovered in “Deceit in Oklahoma: https://www.linkedin.com/pulse/deceit-oklahoma-helen-nowlin. Don’t leave things to chance. Ensure your Last Will and Testament is properly cared for by trustworthy people to ensure your wishes are honored!

Get a copy of my American Indian Probate Reform Act Legal Guide!

Protect the Children!

I want to share with people why voluntary legal guardianship is the best way to circumvent state jurisdiction. Why should anyone want to try to make I.C.W.A. work when it doesn’t? Any parent whether native or not will benefit from having this information, too.

In times like these when we are observing a heightened degree of a militarized police state (https://secure.everyaction.com/PUTZciBozU-yksXg_duOpQ2), please, don’t leave the children vulnerable!

I have additional thoughts about this and how tribal governments can play a greater role in the lives of their members by securing access to legal education like to my online legal Guide Service. Some of this discussion is available under the Products tab on my website. I am available for consultation. Help me to spread the word (on WordPress)!

Thank you.

Helen Nowlin, Attorney and CEO

Offering Essential Information

For many Americans, standing up for their rights in a civil court proceeding is made much more difficult by a general lack of understanding of the complicated processes, and by an inability to pay for legal counsel to help.

“I consider it a social justice matter,” Glenoma attorney Helen Nowlin said. 

http://www.chronline.com/business/glenoma-based-attorney-offers-essential-information-by-subscription/article_8c441bb2-9804-11e6-a481-ebbaeb868d28.html

Busy Parents (legal) Guide to Child Protection And Financial Planning

ANNOUNCEMENT: Our legal guide is published and available at https://www.smashwords.com/books/view/655205. It is even more affordable with no subscription required. The Guest Writer Series is still available on the website for an additional price.

Who can afford not to? It normally costs hundreds of dollars. You can purchase it today for $30.00!

Come along and get the tools that every parent or every grandparent needs! Spread the word.

#FamilyProtection

Have you ever wondered whether you have all the knowledge you need to best give family protection to those you love? No one has all the knowledge. Even updates to knowledge are necessary. That can be a costly proposition.

With the national average of $285 per hour for attorney time, it is not always affordable or an option. Our legal Guides are meant to allow people to be informed until they can afford to hire a lawyer. Educational Family Estate Apps is an affordable option that provides a professional product with the depth of information you need – to place your mind at ease about your family’s future and security.

Read more at http://educationalfamilyestateapps.com/2016/06/21/family-protection/.

 

 

Government Obligations and American Indians

The government’s relationship with and duties to Native American individuals and tribes are generally defined in the first instance by applicable statutes and regulations. Many of those original statutes are still in tact and applicable, unless expressly overwritten. Malfeasance, lack of due diligence or any other intentional act should be fully reviewed and considered based on the legal requirements governing at the time it occurred and equally so, legal requirements today if those illegalities are allowed or perpetuated by individuals now.

There is no implied right by anyone under any guise to avoid what the law, or clear objective facts or moral consciousness requires. Due Process of law does not mean lip service. It is never satisfactory to say, “It happened so long ago, redress is not worth the time.” Due process is on a time continuum. It is as important then as it is now! It does not diminish by whim or fancy.

https://www.linkedin.com/pulse/deceit-oklahoma-helen-nowlin

Under both federal and state laws, efforts to diminish a person’s rights are against the law. The following provisions are not exclusive and there are many more. We start with these:

Rely on 18 U.S.C. § 241 which states: 

If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or

If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—

Further rely on Oklahoma State law under 15 O.S. § 58: 

Actual fraud is:

Actual fraud, within the meaning of this chapter, consists in any of the following acts, committed by a party to the contract, or with his connivance, with intent to deceive another party thereto, or to induce him to enter into the contract:

1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true.

2. The positive assertion in a manner not warranted by the information of the person making it, of that which is not true, though he believe it to be true.

3. The suppression of that which is true, by one having knowledge or belief of the fact.

4. A promise made without any intention of performing it; or,

5. Any other act fitted to deceive.

 

 

 

About Foster Parents on Reservations

Original post http://educationalfamilyestateapps.com/2016/06/06/aboutindianfosterparentsonreservations/.

Is it just me or has someone else noticed that below the surface and behind the mandatory background checks for Foster Care Parents on Reservations, there are alternate motives other than child safety including a sneaky effort to undermine tribal sovereignty here?

I will share some background information. The primary purpose behind the BIA revision to the ICWA Guidelines and subsequent proposal for rulemaking was two-fold: 1) to address the gross, almost routine non-compliance by states in the implementation of ICWA and 2) as a response to the recent ICWA legal challenges primarily from the adoption industry. The industry made an important collateral attack. Boil it down, the fundamental question posed is whether the stricter Guidelines after the revision should apply to Indian children offreservation as it does to Indian kids on reservation. Revision to the Guidelines clarified what the fundamental role of ICWA is: to keep Indian children with Indian relatives or communities and reunify Indian families.  The intent of the legal challenges is to undermine tribal government jurisdiction, autonomy and inherent interest in enrolled members. How does this new law requiring background checks for foster care parents on reservations fit into the picture? I explain below.

A child’s immediate family and community are key to fulfilling the most vital purpose of ICWA – reunification. A minor legal issue within a family member’s background should not act to bar consideration of that person as a Indian Custodian or Guardian. However, that is exactly what happened off the reservation. This formal law “requiring” an extensive, non-forgiving back ground check now on the reservation will produce an even shorter supply of foster parents. More importantly, the new law specifically acts to undermine the hard work of those tribes which have created and now run their own Title IV-E Foster Care and social services programs.

These two issues – the collateral argument against ICWA stemming from recent litigation and the impact of the new law requiring background checks on Indian reservations will combine with the Federal Adoption and Safe Families Act passed in 1997, under the Clinton Administration to produce the perfect storm. The Safe Families Act is just a federal incentives program which pays states more money when foster children are adopted. Basically, the Safe Families Act requires children who have been in state Foster Care Programs at least 15 months to be prepared for adoption (such as express removal of parental rights).

The adoption industry is a $14 billion industry with an expected growth rate of 10% annually. Without making any distinction between Indian or non-Indian children, any financial incentive program contradicts the reunification goal stated in both ICWA and the Social Security Act procuring Title IV-E funding. Is this leading up to total circumvention of ICWA? Pseudo shortage of Native foster parents may be used to declare a state of emergency and with looming state budget cuts within the foreseeable future, it is imperative an alternate model to supplant ICWA is created.

Please, consider buying a copy of the American Indian Probate Guide which is written expressly for American Indians who have Trust or Restricted lands. There is a model Will available and compliant under the American Indian Probate Reform Act. I created my legal guide service in response to the unmet need for affordable in-depth legal education in Indian Country at http://www.educationalfamilyestateapps.com. Additionally, you can access my unique analysis on the Indian Child Welfare Act.

After extensive research, I have concluded that many who benefited from the ICWA and / or adoption gravy trains were not interested in revealing what you needed to know. I propose a voluntary Legal Guardianship model which is expressly exempted from ICWA within ICWA itself. YES!

Read more at Educational Family Estate Apps under Our Products and then the American Indian Probate Guide or on my website’s Blog. Feel free to contact me if you are interested in learning more.
Helen Nowlin, Attorney and CEO