Judge Stumped by California Tribe’s Competing Factions

A federal judge has refused to act to force a faction of the Picayune Rancheria of Chukchansi Indians to return money to the casino that vanished from the tribe’s casino, Chukchansi Gold Resort & Casino (l.).

For several years three factions of the Picayune Rancheria of Chukchansi Indians in California have wrangled over who runs the tribe and its Chukchansi Gold Resort & Casino. Several weeks ago 6,017 left the casino in the hands of one of the factions and never resurfaced.

The tribal council that the Bureau of Indian Affairs has appointed, referred to as the Reggie Lewis Faction, had asked a federal district judge for a restraining over to force the funds into the tribal bank account. However, last week U.S. District Judge Anthony Ishii said that he lacks to legal authority to conclude that the Lewis faction does indeed represent the tribe’s legal governing authority, or that is authority extends to the tribal gaming commission, which was the last one listed as the destination for the money—which is now missing.

“It is unclear to this court whether or not plaintiffs represent an Indian tribe or band with a governing body duly recognized by the Secretary of the Interior,” the judge wrote last week. “This court is not convinced that plaintiffs actually represent the tribe for all purposes.” He added that the tribal council ought to have the authority to order the casino management to recover the money and has not shown why it can’t recover the money that way.

Another of the tribe’s factions, the Tex McDonald faction, has appealed the BIA decision.

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