Indictment: Cedric Cromwell failed to report alleged bribes as income
Jessica Hill Cape Cod Times
Published Mar 24, 2021
BOSTON — Cedric Cromwell, former tribal council chairman of the Mashpee Wampanoag Tribe, has been charged with filing false tax returns on top of pending bribery and extortion charges.
A federal grand jury in Boston returned a superseding indictment Monday with the new charges, acting U.S. Attorney Nathaniel R. Mendell announced in a statement Tuesday night,along with the Federal Bureau of Investigation and Internal Revenue Service criminal investigation divisions in Boston.
Cromwell, an Attleboro resident, was charged with four counts of filing a false tax return, bringing the total number of charges he faces to12. He is scheduled to be arraigned on the new charges on April 1 before Magistrate Judge Marianne B. Bowler in federal court in Boston.
The superseding indictment alleges that between 2014 and 2017 Cromwell failed to report a total of $177,392 on his tax returns. That includes $39,000 of personal income in 2014; $57,374 in 2015; $26,884 in 2016; and $54,134 in 2017.
Cromwell's attorney, Tim Flaherty, said Wednesday that the "recent indictment relates to tax irregularities that have no overlap and no connection to the early allegations."
“Chairman Cromwell looks forward to presenting a vigorous defense to the extortion and bribery claims and continues to state his innocence," Flaherty said.
Cromwell was charged with bribery and extortion in November along with David DeQuattro, 54, the owner of a Rhode Island architecture firm, in connection with the tribe’s plans to build a resort and casino in Taunton.
Cromwell, 55, and DeQuattro were each indicted on two counts of accepting or paying bribes as an agent of an Indian tribal government and one count of conspiring to commit bribery, according to Mendell's statement. Cromwell was also indicted on four counts of extortion under color of official right and one count of conspiring to commit extortion.
When Cromwell filed his personal income tax returns for tax years 2014 through 2017, he failed to report bribes that he allegedly received from DeQuattro’s company, Robinson Green Beretta Corp., which was contracted to serve as the tribe’s “owner’s representative” for the casino project, according to the superseding indictment.
The indictment alleged that DeQuattro provided Cromwell with a stream of payments and benefits valued at about $57,549.37. In exchange, DeQuattro’s company was paid approximately $4,966,287.16 under the contract between July 2014 and February 2018.
Cromwell did report receiving $180,377 in salary from the tribe in 2017 in his federal personal income tax returns, which he filed jointly with his wife, the indictment states.
Cromwell is accused of failing to report payments for consulting services he performed for a company that developed and supplied forest carbon offsets.
While being questioned in a civil lawsuit in 2018, Cromwell said he was a consultant/owner for three limited liability companies, and more specifically a “consultant on carbon sequestration and an Indian Country liaison to Tribal Carbon Forestry Markets,” according to the indictment.
Cromwell was paid the consulting income through an intermediary identified as “P-Co.”, which was formed by a lawyer who was one of Cromwell’s business associates, the statement says. That associate was the only authorized signatory on a bank account identified as the “P-Co. Shell Company Account,” according to the indictment.
Cromwell also failed to report income made by his company, One Nation Development, which was paid through the P-Co. account and the bank account of a Florida limited partnership that originated with an investment holding company in Las Vegas, the indictment said.
On multiple occasions between December 2014 and January 2016, the Las Vegas investment holding company wired money to the Florida limited partnership, which wired money to the P-Co. Shell Company Account. P-Co. then wired money to the One Nation Development account controlled by Cromwell, the indictment alleges.
The only authorized signatory on the investment holding company’s bank account was the CEO of a Las Vegas-based architecture firm hired to be the architect for the tribe’s casino project, the indictment says.
If found guilty, Cromwell could face up to three years in prison, one year of supervised release and a fine of $100,000,according to the statement. Cromwell and DeQuattro could have to forfeit any property constituting or derived from proceeds traceable to the offenses.
Cromwell was first elected to the tribal council in 2009 and was reelected in 2013 and 2017.
When Cromwell was initially charged with extortion and bribery, the council voted to remove him from his post as chairman. But some tribe members had already been pressuring the tribal council for the previous few years to remove Cromwell.
Petitions bearing the signatures of 100 registered tribal voters were certified April 2019 calling for Cromwell’s resignation or removal, along with the removal of Treasurer Gordon Harris.
For several months before the indictment was returned, a grand jury subpoenaed the tribe multiple times for records from 2013 to 2020. Those records include Cromwell’s personnel records, the tribe’s financial records and expenditures, election records and internal communications between the tribe's Gaming Authority and its partners, including the Robinson Green Beretta Corp. and Genting Malaysia, the tribe’s financial backer that invested $440 million into the casino project.
In October 2020, another petition signed by 35 tribe members requested Cromwell's removal.
"Cromwell’s conduct is a breach of public tribal trust and an abuse of authority," the petition stated. "Cromwell has been dishonest and exercises a lack of integrity by his unwillingness to be transparent about the $500 million dollars that was borrowed from the investors. He is and has been a target of a federal investigation and has not been transparent about it either."
Cromwell would not be the first tribal council chairman to be convicted of filing false tax returns if he is found guilty. The council's prior chairman, Glenn Marshall, was sentenced to 3½ years in federal prison after pleading guilty to embezzling nearly $400,000 from the tribe to pay his own bills, making illegal campaign contributions, filing false tax returns and fraudulently receiving Social Security benefits while holding a full-time job.
“The new charges are extremely serious, and we are watching the proceedings closely,” Tribal Council Vice Chair Jessie “Little Doe” Baird said in a statement. “Of course, we will continue to work with the U.S. attorney’s office.”
Mashpee Wampanoag Tribe sets in-person election date
Jessica Hill Cape Cod Times
Published Mar 24, 2021
MASHPEE — The Mashpee Wampanoag Tribe has set a new date for its general election after a Mashpee District Court judge found that mail-in voting was against the tribe’s constitution.
The election is set to take place in person on May 16.
The Tribal Council set the date during its emergency meeting Monday, although the tribe’s Election Committee still has some work to do, Tribal Council Vice Chair Jessie “Little Doe” Baird said.
Tribal Council member Aaron Tobey Jr., along with two other tribal members, sued members of the Tribal Council and the Election Committee regarding the election, which was originally set for March 26. The Tribal Council and Election Committee decided to hold the election solely through mail-in ballots instead of in person in light of the COVID-19 pandemic.
Tobey and the other plaintiffs argued that it was against the tribe’s constitution, which states that voting in tribal elections shall be by “secret ballot cast at polls.” Mashpee Wampanoag Tribal Alternate District Court Judge Amanda L. WhiteEagle agreed.
On May 16, registered tribal voters will pick the next tribal council chairperson as well as other government positions. Nelson Andrews Jr., Kyle Bassett, Aaron Tobey Jr. and Brian Weeden are vying for chairperson.
Carlton Hendricks Jr. and Edwina “Winnie” Johnson-Graham are seeking the vice chair position on the tribal council. Ann Marie Askew and Cassie Jackson are running for tribal council secretary, and Kimberly Frye is running against incumbent David Weeden for a spot on the tribal council.
Charles “Bobby” Foster, Angela Marcellino, Winona Pocknett, Karen Edwards Siegel and Marie Stone are running to be the tribe’s next treasurer.
MASHPEE — Four Mashpee tribal members are vying to become the Mashpee Wampanoag Tribal Council's next chairperson.
Nelson Andrews Jr., Kyle Bassett, Aaron Tobey Jr. and Brian Weeden are campaigning for the position.
The chairperson presides over tribal council meetings and acts as the tribe’s official spokesperson. They also serve as the coordinator over all tribal government activities.
The tribe’s last two chairmen have either been convicted of federal crime or are currently facing federal charges. Some of the candidates have cited the need to restore the integrity of the tribe’s governing process and improve accountability.
The election is currently set to take place through mail-in balloting, with Election Day scheduled for March 26. However, three tribal members, including Tobey, have sued the tribal council and the tribe's election committee to allow in-person voting and reschedule the election to a later date.
Education: University of Massachusetts Boston, Motorcycle/Marine Mechanics Institute, National Incident Management Assistance Team Academy, Emergency Management Institute, National Emergency Management Advanced Academy
Political experience: Democratic Party
Other community service: MWT Community Emergency Response Team Instructor, Red Cross CPR/AED/First Aid Instructor, co-chair of United South and Eastern Tribes Homeland Security & Emergency Services Committee, member of the Barnstable County Regional Emergency Planning Committee, member of the Barnstable County Incident Management Team, member of the National Council of State Legislatures - Nuclear Energy Tribal Working Group Member & Tribal Radioactive Transportation Committee, member of the National Congress of American Indians Homeland Security Working Group.
Other groups/committees within the tribe: vice president of MWT Community Development Corporation, chair of MWT Tribal Emergency Response Team
Why are you running? What motivates you?
I am running for the position of chairman because our tribal community has been facing unprecedented challenges and we are in need of a change for the future, because we must get our tribe back on a productive track that we rightfully deserve.
I have always been motivated since the days of my youth in Mashpee to lead our people toward the greater good. The restoration of the Elders’ rightful status within the tribe is a major motivating factor along with the continued focus on our ancestral language. In addition, consistent housing opportunities for each and every tribal community member drives me as a critical need at this juncture. I am also strongly motivated to ensure that we obtain permanent land-into-trust status for the future of our tribe’s sustainability and sovereignty. The economic sustainability of our tribe through alternative avenues beyond gaming is a critical motivating factor. We must remain cognizant of the debts incurred through the economic course that we pursue.
What is the most pressing issue the tribe faces and how would you address it?
The most pressing issue that our tribe currently faces involves restoring our image and the integrity of the tribal governing process. These are among the priorities that will improve our tribe’s quality of life. That means improving our relationship with the Town of Mashpee as well as establishing a relationship as a sovereign nation with the Commonwealth and the federal government. As a sovereign nation, the recognition of our sovereignty by these entities is a vital component that my administration will focus on. I have already established many relationships with these stakeholders as well as many tribal leaders and organizations across Indian Country over the years. Through my previous experience, established relationships and record of success with federal, state and local government, I will continue with the enhancement of these partnerships. Real consultation with our tribe as a truly sovereign entity is not present, and we must address this urgency through these necessary relationship-building priorities that will ultimately restore our image and the integrity of this key process.
How do you differ from the other candidates?
The reason that I am running for office is because my department has been meeting the needs of our people during the pandemic. I am aware of the needs of our people first-hand and I am the only candidate that has to deal with these issues each day, while also managing the administration of the tribe. I have the realization that I will need help, but I also have the realization that I can do the job, because I am qualified and I care deeply through a strong compassion for our people. My actions speak louder than words.
What else would you like voters to know about you or your policy positions?
Well our voters know that we are in need of critical help, so you can bet that my policy positions are well thought out and will remain continuously focused on those initiatives that our tribe needs to ensure that we are progressing and moving forward.
Other groups/committees within the tribe that you are involved in: none
Why are you running? What motivates you?
The reason I am running and asking for your vote is that we as a tribe are facing very difficult times with very complex issues both internally and externally. Internally as a tribe, we are facing alcoholism and drug addiction that is destroying families and individual tribal members, we have tribal health care issues concerning COVID-19, diabetes and high blood pressure and we have a growing need for tribal housing. Externally, we have to deal with the growing tribal debt concerning Genting Malaysia and the future with the resort/casino. We have to continue to grow and look for other economic opportunities.
What is the most pressing issue the tribe faces and how would you address it?
Our tribe is facing not one but many challenges. To prioritize them numerically would be disrespectful and diminishing to all the other challenges facing our tribe, but one of my greatest concerns that I believe can keep us from moving forward is our resort/casino efforts.
As a people, we will always keep our history, our identity and our traditions. Our efforts into gaming have been our biggest financial commitment and that has to be addressed because it can either be one of our biggest achievements or our biggest and total failures. I believe we must first reorganize our financial understanding with Genting. The coronavirus has affected economies and businesses all over the world, so to help ensure long-term growth and success we have to adjust our strategies and finances to reflect these economic truths.
How do you differ from the other candidates?
I have over 20 years of experience in the corrections and law enforcement area. I faced many challenges as a law enforcement officer, but I swore an oath to protect and serve. In the prison system, I have met various crime syndicates, career criminals and street gangs. For three years, I was responsible for investigating illegal activities in the prison and outside the prison. Over my 20 year career,I have established working relationships with local and state agencies that I will use to affect the (problem of) drugs that is impacting our tribe and community. I will work with treatment centers and drug councilors through the court system and outside the court systems to bring the proper help that is needed.
What else would you like voters to know about you or your policy positions?
As we strive to be good stewards in teaching and maintaining our heritage, we must also be good stewards with our finances or we will not be allowed to maintain anything. We must restore good character and rebuild the trust once placed in us. Character and trust are the cornerstones to maintaining good relationships. Our behavior and our policies must reflect these principles.
Aaron Tobey, Jr.
Age: 64
Residence: Bourne
Occupation: Retired
Education: Bachelor of Science in Criminal Justice Administration, University of New Haven
Political experience: Tribal councilor, Tribal vice chairman, Postal Union Cape Cod Local president, Postal Union Cape Cod Local vice president
Other community service: Current member of the BourneFinance Committee; former town Bylaw Committee member; former member of the Board of Registration of Nursing Home Administrators
Other groups/committees within the tribe that you are involved in: Chairman of the Elders Committee, co-liaison for the Mashpee Wampanoag Police
Why are you running? What motivates you?
My vision is for the Mashpee Wampanoag Tribe to be a healthier community, to be able to exercise our aboriginal fishing and hunting rights without interference and to have a prosperous economy.
I have been actively involved with our tribe for over 30 years, and while I feel that it is a privilege to serve my fellow tribal members, I share with them their frustration with the lack of transparency between the tribal government and tribal members. I have been vocal for years in demanding more accountability from the former chairman based upon concerns that have proven to be very troubling. As your chairman, I want to ensure that members no longer feel shut out from the government that is supposed to serve them.
I want to restore the trust by making a resolution that prohibits tribal council from exercising a sovereign immunity waiver against complaints made by tribal members. I also want them to know that they can come to their government center and come right up to their office that they provide for the chairman, and know that I will do my best to answer their questions or promise to find answers wherever I need to get them. No more secrets.
What is the most pressing issue the tribe faces and how would you address it?
The most pressing issue is respect. Our tribe has suffered some significant attacks upon our standing as a people, and as a sovereign nation. Much of this has come about recently in the wake of some significant messes left behind by the previous chairman. We have our work cut out for us in managing the legislative and legal issues before us, and this has to start by holding accountable tribal leadership. We can only move forward after we have cleaned our own house, so that respect for our work, our traditions and our goals are realized. Only then can we rebuild and reset our progress on pursuing economic development opportunities, build a profitable casino and restore our homeland for our tribal people. We, the Mashpee Wampanoag nation, will be respected more when we resolve these challenges.
How do you differ from the other candidates?
I have more experience in negotiating tribal legislative contracts than any of the candidates. I have established business relationships with individuals who are familiar with our current situation. The role of chairman is one in which there is no time available for on-the-job-training. You really have to be able to hit the ground running on day one, and my many years of leadership experience have prepared me to do exactly that.
I have an established track record of service inside and outside of this tribe. I have served on tribal council for seven years, three years as a councilor and four years as the vice chairman. I am in my second year as chair of the Elders Council, and I have been the tribal liaison to the Mashpee Tribal Police for two years. For over a decade I have helped tribal members in transition between the courts, incarceration and reintegration back into tribal and non-tribal life. I serve on the Bourne Finance Committee and had served on the town's Bylaws Committee.
What else would you like voters to know about you or your policy positions?
Elders are to be respected. As chairman of the Elders Committee, I am concerned about the defunding of the former Elders Department. As chairman, I want to see that department reinstituted. I believe in the future generation as well. Our children are going to carry our legacy forward, and as chairman, I plan to create a new internship program for high school and college students that will expose them to professional and trade work opportunities within the tribe.
Brian Moskwetah Weeden
Age: 28
Residence: Mashpee
Occupation: Mashpee Department of Public Works
Education: Mashpee High School (2011), Cape Cod Community College
Political experience: Mashpee Wampanoag Tribal Council, Native Vote Coordinator for Massachusetts, White House Tribal Youth Delegate 2016, United National Indian Tribal Youth (UNITY) Executive Committee- Northeast area representative, UNITY male co-president and trustee, UNITY Earth Ambassador, National Congress of American Indians (NCAI) Youth Commission co-vice president, NCAI/ National Indian Gaming Association (NIGA) Youth Leadership Award 2016, Cape and Islands Youth Development Council
Other community service: Mashpee Conservation Commission, Mashpee Historical Commission, former male advisor for National UNITY Council Executive Committee, Youth Council advisor, town election volunteer, tribal election monitor, vice president of the Wampanoag Language Reclamation Project Board of Directors, chaperone for youth trips, cultural-educational programs.
Other groups/committees within the tribe that you are involved in: Current tribal council liaison to the Youth Council, Youth Advisory Committee, Natural Resources Commission, Tribal Operations, Pow Wow Committee, chairman of the Planning and Land Use Committee and tribal representative to Mashpee’s Town Seal Design Committee.
Why are you running? What motivates you?
Being raised here in Mashpee, I have witnessed our community’s trials and tribulations first-hand. Since a young age, I have always had a strong passion for serving our community. I have a love for our community, and it drives me to want to be a catalyst for positive change. I want what is best for our people and I am willing to put in the work to ensure our nation thrives.
As chairman, I hope to change the narrative of our tribe and continue to voice the people’s concerns. If elected, I plan to work toward cultural and financial longevity of the Mashpee Wampanoag Tribe as a whole. Our people need resources that are easily accessible to achieve the stability we all desire. I’m running for chairman of the Mashpee Wampanoag Tribe because I believe it is time for my generation to step up for our community. We are the seventh generation that our ancestors have prepared for this point in our history.
My motivation derives from the responsibility I feel to honor and practice the ways of our ancestors. I care strongly for our youth, elders, community, traditions and homelands. Each and every day, I work with the tribe's best interest at heart, just as our ancestors have done before us. The unification of our community, as well as the protection and preservation of our culture and homelands, has never been more essential. I have had the opportunity to see other native communities advance in several areas including language, culture, health care and economic development as well as education. It has inspired and motivated me to fight for what’s best for our people.
What is the most pressing issue the tribe faces and how would you address it?
Our tribe is in the perfect position for growth. Currently, we need to work on preserving our community, land and culture, as well as developing self-sufficiency. We can address this by putting the most traditional candidates forward to help us with these efforts. These candidates in collaboration with the traditional leadership, such as Chief’s Council, Clan Mothers and community input, are crucial to shaping the tribe’s future. It is important to get back to our old ways and protect our history, culture and traditions for future generations.
If elected chairman, I plan to approach the issues of preservation through community-led initiatives including increased cultural programming, implementing community-driven general body meetings and assisting in making resources accessible to all tribal members. We need to reinstate and revamp various committees and commissions to ensure we are receiving proper community input within tribal operations and governance. The Constitution Committee for Reform, Finance Commission, TAP (Tribal Action Plan) Committee, Education Committee and Youth Advisory Committees are just a couple of examples.
Apart from these endeavors, we, the tribe, should continue land and restitution negotiations with the Commonwealth. Even if granted restitution from the state, the tribe would still need to remain self-sufficient. With culturally based economic development, we can preserve our culture while creating self-sufficiency and jobs for our members. For example, with the idea of a deer farm, we can replenish the deer population on our homelands while educating tribal members and making revenue from the production of deer meat to local distributors. We can use the farm to educate our people on traditional tracking and hunting as well as brain tanning leather, and processing meat. This is only one business venture I have in mind, but it touches on a lot of the pressing issues our tribe faces today.
How do you differ from the other candidates? What sets you apart?
While some might consider my age a disadvantage, I see it as a perfect opportunity for our generation to help lead with new perspectives and initiatives. One thing that sets me apart is my tribal representation both culturally and politically, not only on a local but national level starting from a young age. I have been serving on various voluntary boards and actively attending tribal council meetings since the age of 16. Being culturally involved in our community, I also participate in powwows, ceremonies and other cultural events, while also passing on the language and traditions to our youth.
What else would you like voters to know about you or your policy positions?
As a leader, I take the initiative to enact change in the community. In 2009, I founded the Youth Council and in 2019 created the Mashpee Youth Commission with the purpose of giving youth a voice and experience in tribal and local politics. I have also initiated the adoption of Indigenous Peoples’ Day in the town and the tribe while also starting the process of changing the town of Mashpee’s seal. I continuously step up when needed, ranging from presiding over council meetings, serving as a liaison and even serving as a delegate for our tribe at NCAI.
Also on the ballot....
Members will also be asked to elect the tribal council's next vice chairperson. Edwina “Winnie” Johnson-Graham and Carlton Hendricks Jr., both current tribal council members, are seeking the post.
Five candidates are looking to be the tribe’s next treasurer, including Marie Stone, Winona Pocknett, Karen Edwards Siegel, Angela Marcellino and Charles “Bobby” Foster.
Ann Marie Askew and Cassie Jackson are both vying for the role of tribal council secretary, and Kimberly Frye is challenging incumbent David Weeden for a seat on the tribal council.
Mashpee Wampanoag tribal members sue over mail-in voting plan
Jessica Hill Cape Cod Times
Mar 2, 2021
MASHPEE — With the Mashpee Wampanoag Tribe’s general election only a few weeks away, a few members have raised concerns about the decision to hold the election exclusively through mail-in voting.
Tribal members Aaron Tobey Jr., Crystal Asiwe and Steve Helme are suing members of the Mashpee Wampanoag Tribal Council and the Mashpee Wampanoag Tribe Election Committee at the tribal court, arguing that holding the March 26 election through mail-in voting is against the tribe’s constitution.
“What my client is arguing, is that the constitution really prescribes the election process for the tribe,” attorney Jonathan Polloni, representing the plaintiffs, said in a phone interview, “and what’s happened is that the tribal council has really buried that process. That is significant and deserves a lot of caution.”
A preliminary injunction hearing will be held in the Mashpee Wampanoag Tribal District Court at 10 a.m. Tuesday regarding the lawsuit.
The election will determine who the next tribal chairman or chairwoman will be, as well as other positions in tribal government.
On Jan. 25, the tribal council passed an emergency tribal ordinance to address voting in the 2021 Regular Election during the COVID-19 pandemic. The ordinance allowed for the election to be held through mail-in voting and/or voting by ballot drop box.
In conjunction with passing that ordinance, the council also requested an advisory opinion from the Mashpee Wampanoag Supreme Court to determine whether voting by mail conflicts with the tribe’s constitution. The court has not yet made a ruling on that question.
That request was made in order to “bolster the tribal membership’s confidence in the integrity and legality of the modified voting method for the 2021 Regular Election,” according to the defendants’ brief filed Feb. 19 in opposition to the plaintiffs’ motion.
The plaintiffs argue that while the Mashpee Wampanoag Tribe Constitution provides for the adoption of ordinances, as well as emergency ordinances, the constitution requires voting by “secret ballots cast at polls” in all tribal elections and prohibits absentee voting, according to the plaintiffs’ complaint obtained by the Cape Cod Times.
“By permitting mail-in ballot voting, the Defendants have caused election irregularities that violate the Constitution and will affect the outcome of the election when it is held,” the complaint states.
The plaintiffs ask that the tribal court annul the election and require a new election be held in conformance with the constitution.
“The timing to experiment with mail-in voting is not now,” Tobey, a plaintiff, said in an interview, noting that information on past elections has been subpoenaed by a federal grand jury.
Helme, another one of the plaintiffs, said he does not understand why the tribe cannot follow the Centers for Disease Control and Prevention’s rules to allow both voting in person and mail-in voting for those who would like the option. He also thinks all tribal members should have a say in how the election will work.
The defendants, on the other hand, argue that the tribal council and election committee did follow the constitution, which does not require in-person voting. They argue that all-mail voting still ensures that ballots are cast at “polls,” as the constitution requires. They defined “polls” as the location where the committee designated mail-in ballots to be sent as well as the secure ballot drop boxes.
The mail-in election does not violate the rule against absentee voting, as all-mail voting is different from absentee voting, the defendants state in their opposition. That opposition brief was submitted by Alexandra Deal, the attorney for the tribal council members, and R. Reid LeBeau II, attorney for the election committee members. The attorneys did not respond to requests for comment Monday, nor did tribal council Vice Chairperson Jesse "Little Doe" Baird.
The defendants argued that voting in person could risk serious, and even deadly, health consequences.
“In the extraordinary time of a worldwide pandemic, the priorities and needs of the Tribe have changed,” their opposition states, “and the Tribal Council has determined that in-person voting on election day during a 3-hour window at a single polling location is no longer a tenable option for the 2021 Regular Election.”
The defendants also argued that the defendants, as members of the tribal council and election committee being sued in their official capacities, are immune from being sued as they are "entitled to sovereign immunity from unconsented (lawsuits) as officers of the tribe."
John “Jim” Peters Jr., a member of the Mashpee Wampanoag Tribe and executive director of the Massachusetts Commission on Indian Affairs, was also on the tribe’s constitution committee. One of the justifications for not allowing mail-in ballots, he said, was that tribal members live all over the country, and not everybody knows what is happening in Mashpee and might make uninformed decisions. But the constitution was never written to prevent the tribal council from having flexibility to meet the needs of the tribe, he said.
“I understand both sides of it,” he said. “Given the pandemic, it’s kind of difficult to require people to come to the tribal grounds and so forth.”
Grand jury subpoenas more documents from Mashpee tribe
Jessica Hill
Aug 29, 2020
MASHPEE — The Mashpee Wampanoag Tribal Council voted in an emergency meeting Friday night not to remove Chairman Cedric Cromwell. The vote came after the tribe received another subpoena related to a federal grand jury investigation.
On the meeting agenda, listed under executive session, was a discussion of “grand jury subpoena” with tribal attorney Benjamin Wish. Also on the agenda was an item labeled “committees, commissions, appointments, resignations and removals.”
The council voted 5-3, with one abstention, not to remove Cromwell from the position he has held since 2009, a source with knowledge of the vote told the Times.
As part of a grand jury investigation, the U.S. Attorney’s Office in Boston subpoenaed the tribe demanding records related to its elections and finances.
The Aug. 10 subpoena was signed by Assistant U.S. Attorney Christine Wichers on behalf of U.S. Attorney Andrew Lelling. In lieu of a tribal representative appearing physically in court before the grand jury Aug. 25, it requested all records be sent electronically to Wichers.
The subpoena requested all documents and records for the 2013 and 2017 tribal council chairperson elections. It requested a list of registered voters eligible to vote during those elections and a list of people who actually voted, along with the final certified election results.
It also called for documentation identifying the number of tribal members for each year between 2011 and 2020 along with any other annual census data.
The tribe also was to send any complaints it had received related to the elections, the candidate or any candidate’s campaign, and submit policies or rules related to campaign contributions and campaign expenditures.
Finally, the subpoena requested copies of all contracts between the tribe and the Robinson Green Beretta Corp. from January 2011 to the present. It also requested the minutes from January 2014 to the end of 2016 of all meetings of the committee that selected the corporation to work with the casino and from the committee that was authorized to terminate Robinson Green Beretta Corp.
The Robinson Green Beretta Corp. served as the owner’s project manager for the design and construction of the Mashpee Wampanoag Tribe Community and Government Center on Great Neck Road South, which was completed in 2012. It also took on the role of owner’s representative in 2014 for the tribe’s First Light Resort & Casino, according to the company website, working with the tribe and the Genting Group, the tribe’s financial backer.
The $1 billion casino project in Taunton is at a standstill amid a yearslong legal battle over tribal sovereignty. Without the projected millions of dollars in revenue, the tribe has struggled with its finances.
This latest subpoena comes about two months after a federal grand jury issued a subpoena requesting all personnel records for Cromwell, Treasurer Gordon Harris and former Treasurer Robert T. Hendricks, as well as Mark Harding, founder of construction company WampWorx, and Louis Catarina Jr., who helped manage development for the First Light Resort & Casino project.
The June 5 subpoena requested many of the tribe’s financial records, including copies of checks, expense reports and payments to other organizations. It also sought documents concerning any internal or external investigation or audit looking into any suspected theft, embezzlement or other wrongdoing by a tribe official, employee or contractor.
Last year, a federal grand jury subpoenaed Harris and Hendricks, but the reason is still unclear.
Federal grand jury investigations are traditionally secret, with about two dozen citizens serving as jury members to examine documents to determine if sufficient evidence exists that a crime occurred.
Cromwell and Harris also had faced allegations last year from some tribe members who accused them of wrongful conduct in connection with $500 million owed to the Genting Group.
In June 2019 a robocall circulated within the tribal community alleging that $250 million handled by the Mashpee Wampanoag Tribal Gaming Authority was unaccounted for.
In January 2019, the tribal council had taken a vote of no-confidence and stripped Cromwell of his financial responsibilities in connection with the tribe and the Mashpee Wampanoag Tribal Gaming Authority. Cromwell is president of that five-member board that oversees the tribe’s gaming operation.
The tribal council, however, voted in February 2019 to restore all of Cromwell’s financial responsibilities.
Last fall, some tribe members sought to recall Cromwell and Harris for malfeasance, but the tribe’s Election Committee canceled the recall election three days before it was to take place.
Cromwell did not respond to a request for comment Saturday. The U.S. Attorney’s Office for the District of Massachusetts also did not respond to a request for comment about the investigation.
Wish, the tribe’s attorney, said the tribe would comply with the grand jury’s requests for information.
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