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.
'A triumph' Interior Department withdraws appeal in Mashpee tribe's land-in-trust case
Jessica Hill Cape Cod Times
Published Feb 19, 2021
In a big victory for the Mashpee Wampanoag Tribe, the U.S. Department of the Interior on Friday withdrew its appeal in U.S. District Court in the tribe's land-in-trust case.
“Today is sakôhsuwôk, a triumph,” said Jessie “Little Doe” Baird, the tribe's vice chairwoman, in a statement late Friday afternoon. The decision was a win "for the citizens of the Mashpee Wampanoag Tribe and our Ancestors who have fought and died to ensure our Land and sovereign rights are respected," she said.
The Department of Interior filed a motion Feb. 18 for the voluntary dismissal of its appeal, wrote Rachel Heron, attorney for the U.S. Department of Justice Environmental and Natural Resources Division.
The case was part of a long battle for tribal sovereignty, which stemmed from a $1 billion casino the tribe wanted to build in Taunton.
U.S. Rep. William Keating, D-Mass., also hailed the decision Friday.
"The claim that the Tribe of the First Light, the Tribe of the First Thanksgiving was not an original Native American Tribe has always been disingenuous," he said in a statement. "And the Trump Administration’s sudden attempt to remove their land from trust last March — in the midst of a pandemic — was heartless. We’re reassured that the Biden Administration’s action today clearly reflects the best interest of justice ..."
The tribe had asked the interior secretary to put about 151 acres of land in Taunton into trust so it could build a casino, as well as another 170 acres in Mashpee. While the assistant interior secretary approved it in 2015, neighbors of the proposed casino and others filed a lawsuit in opposition. They argued the government did not have the authority to take the land into trust in the first place.
In 2018, the Department of the Interior reversed itself, arguing the tribe was not under federal jurisdiction when the Indian Reorganization Act of 1934 was established. The tribe appealed, but a federal judge in Boston ruled in favor of the reversal.
Then in June 2020, U.S. District Judge Paul Friedman found that the 2018 decision was “arbitrary, capricious, an abuse of discretion and contrary to law.” He sent the case back to the Department of the Interior for “thorough reconsideration and reevaluation of the evidence.”
“We look forward to being able to close the book on this painful chapter in our history,” Baird said in the statement. “The decision not to pursue the appeal allows us (to) continue fulfilling our commitment to being good stewards and protecting our Land and the future of our young ones and providing for our citizens.”
Former Mashpee Chairman Indicted on Federal Charges, Asks Tribe for Legal Costs
Posted on: December 25, 2020
Devon O'Connor
Cedric Cromwell, the former chairman of the Mashpee Wampanoag Tribe in Massachusetts, has asked his Native American community to cover his legal costs.
Cedric Cromwell, seen here in 2017 while serving as chairman of the Mashpee Wampanoag Tribe, will soon defend himself against allegations that he engaged in a bribery scheme. (Image: AP)
Cromwell was indicted on federal bribery and extortion charges last month. A grand jury found credible evidence that the then-tribal chairman received unlawful kickbacks in relation to the tribe’s efforts to build a $1 billion casino resort in Taunton.
The Mashpee Wampanoag Tribe has received a request from Cromwell for the tribe to compensate him during his legal fight. The 55-year-old has denied the allegations that he acted wrongly as chairman.
“Mr. Cromwell vigorously denies these allegations and looks forward to presenting an aggressive defense,” his attorney Tim Flaherty told the Cape Cod Times.
Cromwell’s case is set to begin on February 4.
Tribal Resort Background
The Mashpees have been trying to become a gaming tribe for more than half of a decade.
It acquired 151 acres of land in Taunton that it believes has ancestral ties, and therefore the property qualifies to be deemed sovereign. The Interior Department agreed in 2015, and took the land into federal trust.
The federal agency, however, reversed its own decision three years later and removed the land from the registrar. The case has since been tangled up in courts, and has caught the attention of lawmakers in DC, who believe the matter has become political.
Sen. Elizabeth Warren (D-Massachusetts) and outgoing Rep. Joe Kennedy III (D-Massachusetts) have supported federal legislation that would sidestep the Interior Department under the Trump administration and deem the land sovereign.
But President Donald Trump successfully urged Senate Republicans to reject the bill after it passed the House.
Casino Scheme
Adding to the chaos surrounding the Mashpee Wampanoag Tribe’s mission to build a casino are the Cromwell accusations. The Department of Justice alleges that Cromwell was paid $57,549 in cash and in-kind benefits from David DeQuattro, a businessman who runs an architectural firm in Rhode Island.
Prosecutors say DeQuattro provided Cromwell with the money and free trips in exchange for a $5 million design contract.
Instead of working honestly on behalf of the Mashpee Wampanoags as their duly elected representative, Cedric Cromwell is accused of using his position as chairman of the tribe to enrich himself by extorting tens of thousands of dollars in bribes and engaging in a conspiracy with David DeQuattro to commit bribery,” said Joseph Bonavolonta, special agent in charge of the FBI Boston Division.
DeQuattro last month entered into a not-guilty plea after he, too, was charged in the alleged bribery and extortion plot. He is facing two federal charges of accepting or paying bribes to an Indian tribal government or agent, and one count of conspiring to commit bribery.
Cromwell is facing the same charges, as well as four additional counts of extortion and another count of conspiring to commit extortion.
If found guilty, Cromwell could spend upwards of 35 years in prison and be on the hook for $750,000 in fines.
Mashpee Wampanoag Tribe served with subpoena for financial records
By Jessica Hill
Posted Jul 15, 2020
Attorney says tribe is not the target of grand jury investigation.
MASHPEE — The U.S. Attorney’s Office in Boston served a federal grand jury subpoena to the Mashpee Wampanoag Tribe last month for a hefty number of documents and financial records.
The news was shared with tribe members during a June 23 Tribal Council meeting.
Wampanoag officials had no comment Wednesday and referred all inquiries to tribal attorney Benjamin Wish.
“The government has informed the Tribe that it is not the target of the pending grand jury investigation,” Wish said in an email. “The Tribe intends to cooperate with the U.S. Attorney’s Office concerning the subpoena requests and anticipates that the Tribe will also cooperate with any other proper request for information. The Tribe remains focused on economic development and supporting its members during the ongoing pandemic.”
Tribal officials do not know whom the investigation is targeting, according to a source with knowledge of the case.
By “Tribe,” the subpoena refers to the Mashpee Wampanoag Tribe and its affiliates, including the Mashpee Wampanoag Tribal Gaming Authority, Mashpee Wampanoag Indian Council and the Mashpee Wampanoag Indian Tribal Council Inc., according to a copy of the June 5 letter that accompanied subpoena from the Justice Department.
The letter, signed by U.S. Attorney Andrew Lelling and Assistant U.S. Attorney Christine Wichers, said: “Pursuant to an official investigation being conducted by a federal Grand Jury in the District of Massachusetts of suspected violations of federal criminal law, you are directed to furnish to the Grand Jury the documents described in the attached subpoena.”
The subpoena requests all personnel records for Tribal Council Chairman Cedric Cromwell, Treasurer Gordon Harris and former Treasurer Robert T. Hendricks, as well as Mark Harding and Louis Catarina Jr.
Harding is the founder of WampWorx, a native-owned construction firm in Mashpee, and Catarina is the principal consultant and program manager for Strategic Quality Solutions. Harding and Catarina declined to comment.
In his role for the tribe, Catarina provided “strategic direction” and “management” and coordinated development of the Mashpee Wampanoag Tribe Gaming Authority First Light Resort and Casino project, according to his LinkedIn profile. He also developed and managed operational finances and budgets. Catarina also served as a board member of the Taunton Chamber of Commerce on behalf of the Mashpee Wampanoag Tribe Gaming Authority.
Last year, the Times learned that Harris and Hendricks had been subpoenaed by a federal grand jury, although it was unclear for what reason.
Federal grand jury proceedings are secret, and comprise about two dozen citizens who serve as members for a term of 18 months. They examine documents and hear testimony to determine whether there is sufficient evidence to charge someone with a crime.
The personnel records requested in the subpoena include job titles, dates of employment, resumes, contracts and agreements, timecards, performance reviews, compensation, disciplinary records and grievances and complaints by or against the people listed. It also requested documentation regarding loans for those five people, including any loan repayment or forgiveness, fringe benefits and perks, and expense reports, according to a copy of the letter.
The subpoena asked for documentation of all payments between the tribe or its financial backer, Genting Malaysia, and those same people listed above between Jan.1, 2014, and April 30, 2020. The subpoena specified direct deposit records, copies of checks, records of cash payments and wire transfers.
The subpoena also requested documents dating back to 2011 relating to the Delahunt Group, as well as documents going back to 2014 for WampWorx and Strategic Quality Solutions. Those documents include emails, records and payments or documentation of work that those organizations performed for the tribe.
The Delahunt Group, which is led by former U.S. Rep. William Delahunt, whose district included the Cape and Islands, is a longtime lobbyist for the tribe. The organization, which the tribe hired in 2011, has helped the tribe with its ongoing effort to pass federal legislation that would protect its sovereignty status. It originally helped the tribe pursue gaming and navigate the federal bureaucracies for health care, housing and education for tribe members, Cromwell previously told the Times.
Delahunt did not respond to a request for comment Wednesday.
Finally, the subpoena also requests all agendas and meeting minutes from tribal meetings as well as records relating to any proposed or enacted tribe resolution or policy between January 2014 and April 30, 2020.
Because the tribe is cooperating with the U.S. Attorney’s Office, there is no deadline to turn over all of the requested documents, the source said.
Elizabeth McCarthy, public affairs specialist for the U.S. Attorney’s Office in Massachusetts, could “neither confirm nor deny investigations,” she said in an email Wednesday.
It remains unclear the specific reasons for the recent subpoena and the connections of the individuals listed.
The tribe has been engaged in a years long legal battle for sovereignty. It had planned to build a $1 billion casino called the First Light Resort and Casino in Taunton, but plans came to a halt when neighbors of the project sued, arguing the tribe had no right to build on its reservation because it did not meet a definition of “Indian” in the Indian Reorganization Act.
With the standstill of the casino, which was projected to bring in $50 million in revenue, the tribe has been struggling with its finances.
Since he became chairman in 2009, Cromwell repeatedly has come under fire for his handling of tribe finances. Some members critical of his administration have called for more transparency. He and Harris had faced allegations from some tribe members who accused them of wrongful conduct in connection with $500 million owed to Genting Malaysia.
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 voted to strip Cromwell of his financial responsibilities in connection with the tribe and the Mashpee Wampanoag Tribal Gaming Authority, a five-member board Cromwell is president of that oversees the tribe’s gaming operation.
Last fall, some tribe members sought to recall Cromwell and Harris for alleged malfeasance. The tribe’s Election Committee canceled the election three days before it was to take place.
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