Documents

  

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In reverse chronological order:

  

 

From U. S. District Court, Eastern District of Wisconsin, Docket No. 16-CR-64, 
United States of America  v.  Ronald H. Van Den Heuvel,
Paul Piikkila, and Kelly Y. Van Den Heuvel

 

  


From U. S. District Court, Eastern District of Wisconsin, Docket No. 16-CR-64, 
United States of America  v.  Ronald H. Van Den Heuvel,
Paul Piikkila, and Kelly Y. Van Den Heuvel


June 6, 2017 Decision and Order Granting Motion to Dismiss, U.S. District Court for the Eastern District of Wisconsin, Case No. 16-CV-1700,  [Oneida Nation of Wisconsin-owned] Oneida Seven Generations Corp. [OSGC] & [OSGC’s subsidiary] Green Bay Renewable Energy, LLC [GBRE]  v.  City of Green Bay

CONCLUSION

For the reasons set forth above, the City’s motion to dismiss pursuant to Rule 12(b)(6) for failure to state a claim is granted.


June 6, 2017 Judgment in a Civil Case, U.S. District Court for the Eastern District of Wisconsin, Case No. 16-cv-1700 [Oneida Nation of Wisconsin-owned] Oneida Seven Generations Corp. [OSGC] & [OSGC’s subsidiary] Green Bay Renewable Energy, LLC [GBRE]  v.  City of Green Bay




THE GRAND JURY CHARGES:

1 .  Beginning in approximately September 2012, and continuing thereafter until at least May 2013, in the State and Eastern District of Wisconsin,

JAY L. FUSS

as an agent of an Indian tribal government that received benefits in excess of $10,000 in a one-year period from a federal grant program, did knowingly obtain by fraud, and convert without authority to his own use, and intentionally misapply, property valued at $5,000 or more that was under the care, custody, and control of the Indian tribal government and its agency.

See also: Whistleblower Report to FBI about alleged HUD Funding & Materials Theft from Oneida Housing Authority, as well as claims of retaliatory physical violence:

•  February 21, 2016 Dawn M. Delebreau Privacy Act Release Form & Report to U.S. Sen. Tammy Baldwin regarding FBI investigation of Case No. 194B-MW477598

Sauk Co. Case No. 2013CF208State of Wisconsin vs. Spencer A. Cornelius; Substantial Battery / Intend Bodily Harm (Felony; Repeater), regarding Spencer Cornelius’ brutal assault on fellow OHA employee Jonathan Delabreau during an OHA training trip to the Wisconsin Dells when harassment & intimidation of Jonathan just wasn’t enough to satisfy Spencer’s bloodlust, and was allegedly done in order to please Spencer’s and Jonathan’s boss, former OHA Construction Superintendent Jay Fuss. That assault was not the first time Spencer Cornelius has violently attacked people as seen by Brown Co. Case No. 2009CF630

Related:

•  Vince Biskupic’s Shady ‘Justice For Sale’ Deals & The Oneida Business Committee’s Employment of Biskupic Legal Group As Counsel for Oneida Housing Authority Audit Matters [UPDATE 2]

•  Judge Vince Biskupic’s Conflict Of Interest In Outagamie Co. Case #2014-CF-1027, State of Wisconsin v. Jay Fuss; Plus: Oneida Housing Authority Problems Linger [UPDATE: Biskupic Recused Himself]





May 5, 2017 Notice of Pre Trial Motion Hearing Date & Time of Monday, August 21, 2017 at 1:30 p.m. for Defendant Wayde McKelvy, U.S. District Court for the Eastern District of Pennsylvania, Case No. 2:15-cr-398-JHS, United States of America v. Troy Wragg, Amanda Knorr & Wayde McKelvy re: Mantria Corp. / EternaGreen Global / Speed of Wealth Ponzi Scheme


May 4, 2017 Order Granting Defendant Wayde McKelvy’s Counsel to File Amended Limitations Motion & Memorandum, U.S. District Court for the Eastern District of Pennsylvania, Case No. 2:15-cr-398-JHS, United States of America v. Troy Wragg, Amanda Knorr & Wayde McKelvy re: Mantria Corp. / EternaGreen Global / Speed of Wealth Ponzi Scheme




April 28, 2017 Order Granting Wisconsin Economic Development Corporation’s Motion for Rule 2004 Examination of the Debtor Green Box NA Green Bay LLC, U.S. Bankruptcy Court, Wisconsin Eastern District Docket No. 16-24179-beh, Chapter 11,  Green Box NA Green Bay LLC


Additionally, despite numerous oral and written requests from the undersigned to Debtor’s counsel over a period of multiple weeks, WEDC has been unable to receive basic information regarding, among other things, the location of WEDC’s collateral…

The undersigned has been informed by the counsel for the Parkview property landlord that

a.  All of the Debtor’s personal property located therein is currently in the process of being removed, and

b.  The location or even existence of certain specific personal property in which WEDC believe it holds a first position security interest cannot be confirmed. 




7.  This Court confirmed Debtor’s Chapter 11 Plan on February 17, 2017…

8.  The Plan provided for a “roll up” on or before March 31, 2017 and stated that, if the Debtor did not successfully “roll up” by March 31, 2017, the Debtor would immediately consent to this Court’s lift of the automatic stay.

9.  Debtor did not successfully “roll up” the Plan by March 31, 2017…

10.  Cause exists for relief from the automatic stay pursuant to Section 362(d)(1) of Bankruptcy Code. Specifically:

A.  Debtor has failed to make adequate protection payments to Ability.

B.  Debtor has no equity in the Real Estate, as evidenced by the terms of the Plan.

C.  Debtor’s reorganization attempts have failed, so the Real Estate is no longer necessary for its successful reorganization.

D.  Debtor consented to relief from the automatic stay in the Plan.





March 2017 Green Box NA Green Bay LLC’s Monthly Financial Report (not filed with the Court until June 7, 2017), U.S. Bankruptcy Court, Wisconsin Eastern District Docket No. 16-24179-beh, Chapter 11, Green Box NA Green Bay, LLC








February 2017 Green Box NA Green Bay LLC’s Monthly Financial Report (not filed with the Court until June 7, 2017), U.S. Bankruptcy Court, Wisconsin Eastern District Docket No. 16-24179-beh, Chapter 11, Green Box NA Green Bay, LLC






 

Additional information regarding this meeting can be found online: 

greenbaywi.gov/event/common-council-meeting-3/


Schmitt used his official position as Mayor to direct the City Clerk to conduct an audit of his campaign finance reports, thus merging his acts as mayor with his acts as a candidate. As a result, the Common Council has shown that it is proceeding on alleged wrongs connected to Schmitt’s actions as Mayor. … 

ORDER

Schmitt’s Petition for a Writ of Prhohibition is DENIED. Schmitt is not entitled to an award of his costs and disbursements.








January 2017 Green Box NA Green Bay LLC’s Monthly Financial Report (not filed with the Court until February 22, 2017), U.S. Bankruptcy Court, Wisconsin Eastern District Docket No. 16-24179-beh, Chapter 11, Green Box NA Green Bay, LLC












1:45 pm  [Asst. U.S. Attorney Matthew] Krueger informs the Court of separate ongoing federal investigations, government in possession of approximately 313,000 pages of material, potential relevance, and agrees the volume of material is not realistic for manual review.


  • January 20, 2017 Notice of Hearing, U.S. District Court, Eastern Wisconsin, Docket No. 16-CR-64, United States of America v. Ronald H. Van Den Heuvel, Paul Piikkila, and Kelly Van Den Heuvel

  • January 19, 2017 Order for Hearing, U.S. District Court, Eastern Wisconsin, Docket No. 16-CR-64, United States of America v. Ronald H. Van Den Heuvel, Paul Piikkila, and Kelly Van Den Heuvel


  • January 18, 2017 Court Minutes, U.S. District Court, Eastern Wisconsin, Docket No. 16-CR-64, United States of America v. Ronald H. Van Den Heuvel, Paul Piikkila, and Kelly Van Den Heuvel

…Assistant U.S. Attorney Matthew Krueger provided a fulsome summary of the electronic discovery produced by the United States, particulary focused on materials secured through execution of a search warrant by Brown County, Wisconsin, authorities [that] resulted in the seizure of approximately 317,000 pages … purportedly related to allegations concerning a fraud scheme involving the Green Box Investment Fraud  scheme.



December 2016 Green Box NA Green Bay LLC’s Monthly Financial Report (not filed with the Court until February 22, 2017), U.S. Bankruptcy Court, Wisconsin Eastern District Docket No. 16-24179-beh, Chapter 11, Green Box NA Green Bay, LLC



  • December 23, 2016 Complaint & Jury Demand, U.S. District Court, Eastern District of Wisconsin, Docket No. 16-CV-1700, Oneida Seven Generations Corporation & Green Bay Renewable Energy, LLC v. City of Green Bay














  • December 7, 2016 Petition for a Writ of Certiorari, U.S. Court of Appeals for the Seventh Circuit, Case 16-745, Jeremy Meyers, individually and behalf of all others similarly situated v. Oneida Tribe of Indians of Wisconsin [Oneida Nation of Wisconsin]


This action arises out of a business dispute. … Plaintiff purchased specialized equipment from Defendants, which allegedly did not perform as promised. …

Additionally, Defendants did not provide certain documents that Plaintiff asserts they were contractually required to provide. … Plaintiff therefore brought claims for fraudulent inducement, negligent misrepresentation, breach of contract, breach of warranty, and revocation

The Court agrees with Plaintiff. Plaintiff’s complaint alleges that Defendants provided equipment that, “as designed and manufactured,” cannot “function at the levels promised and warranted by Defendants.” … The information Plaintiff seeks is relevant and necessary to determining whether manufacturing defects exist.


December 2, 2016 DECISION and ORDER signed by Chief Judge William C. Griesbach, U.S. District Court, Eastern District of Wisconsin, Case No. 1:2014CV1203, Tissue Technology LLC, Partners Concepts Development Inc, Oconto Falls Tissue Inc., and Tissue Products Technology Corp.  v.  TAK Investments LLC















  • November 16, 2016 Court MinutesU.S. District Court, Eastern Wisconsin, Docket No. 16-CR-64, United States of America v. Ronald H. Van Den Heuvel, Paul Piikkila, and Kelly Van Den Heuvel








 

EXCERPT FROM AUGUST 10, 2016: Motion by Sherrole Benton to rescind the December 15, 2013 action dissolving the Oneida Seven Generations Corporation and restrict the corporation to commercial leasing activities. Seconded by Loretta Metoxen. Motion not voted on; item tabled.

Amendment to the main motion by Allen R. King to approve all of the BC recommendations for Items 4.A.1-4. Chairwoman Tina Danforth ruled this motion out of order. 

Amendment to the main motion by Nancy Skenandore that we as GTC want to know who are the leaders; who are the investors; who are the attorneys; who are the stockholders; who are the owners; who are the board members; how are they paid; what do they use for collateral; for this information be provided for the last 10 years; and to be reported at the next meeting. Seconded by Cathy Metoxen. Motion carried by show of hands.

Amendment to the main motion by Dan Hawk to allow Oneida Seven Generations Corporation to continue litigation with the City of Green Bay. Seconded by Sherrole Benton. Motion carried by show of hands.

EXCERPT FROM AUGUST 10, 2016: Motion by Frank Cornelius to table this item. Seconded by Linda Dallas. Motion carried by hand count: 845 support; 395 opposed; 16 abstentions.

EXCERPT FROM OCTOBER 2, 2016: Motion by [Oneida Business Committee Vice-Chair] Melinda J. Danforth to take the motion related to item 4.A.1. from the table. Seconded by Allen King. Motion failed by show of hands.

























{See October 12, 2016 First Amended Complaint}




  • October 3, 2016 Court Minutes, U.S. District Court, Eastern Wisconsin, Docket No. 16-CR-64, United States of America v. Ronald H. Van Den Heuvel, Paul J. Piikkila, and Kelly Y. Van Den Heuvel
























  

  • August 10, 2016 Oneida Nation in Wisconsin General Tribal Council Special Meeting excerpts

















































  • November 6, 2015 Letter from U.S. Senator Tammy Baldwin to U.S. General Attorney Loretta Lynch requesting review of May 20, 2015 Letter by WI Sen. Julie Lassa & WI Rep. Peter Barca, and September 21, 2015 Letter from 42 Enrolled Members of the Oneida Tribe of Indians of Wisconsin asking for U.S. Department of Justice investigations of Wisconsin Economic Development Corporation (WEDC), and how the Oneida Tribe of Indians of Wisconsin became the target of criminal waste gasification scams by WEDC recipients Oneida Seven Generations Corp./Green Bay Renewable Energy, Oneida Energy Inc., and Ron Van Den Heuvel’s Green Box NA Green Bay, and how Artley Skenandore’s Swakweko LLC and Abdul Latif Mahjoob’s American Combustion Technologies Inc./ACTI were involved



















WHEREAS, the General Tribal Council adopted a motion on December 15, 2013 to dissolve the tribally chartered corporation Oneida Seven Generations Corporation; and

WHEREAS, the Oneida Business Committee, by resolution # BC-12-24-13-A, amended the corporate charter and replaced the board with an Agent for the purposes of carrying out the directive of the General Tribal Council in a financially responsible manner designed to protect the assets of the corporation; and

WHEREAS, prior to finalizing the dissolution process the Oneida Seven Generations Corporation, the Tribe and a subsidiary entity of the corporation, were sued by other companies which prohibited completing the dissolution of the corporation; and

WHEREAS, the Oneida Business Committee continues to work to fulfill the directives of the General Tribal Council and maintain the value of the assets of the corporation and has adopted permanent amendments to restrict the activities of the corporation to commercial leasing actions; and

WHEREAS, the Oneida Business Committee has determined that it cannot quickly and in a financially responsible manner wrap up the business activities of the corporation and must respond in a financially responsible manner to the ongoing litigation involving the corporation and has determined that a change in the Agent is in the best interests of the corporation and in carrying out the General Tribal Council’s directive;

NOW THEREFORE BE IT RESOLVED, that the Oneida Business Committee, in accordance with Article VII of the Corporate Charter, appoints [Peter King III] King Solutions LLC, as the agent for the Oneida Seven Generations Corporation and directs such Agent to take any and all necessary steps to carry out the limited and restricted responsibilities of the corporation until such time as the General Tribal Council directive can be carried out.

BE IT FURTHER RESOLVED, that this appointment is immediate upon adoption of this resolution and shall extend for a one year period.

BE IT FURTHER RESOLVED. that the Oneida Business Committee, acting in its shareholder capacity on behalf of the Oneida Seven Generations Corporation, approves the professional services contract with King Solutions LLC to provide management of the corporation.
















  • December 5, 2014, Joint Motion for Stay of Proceedings,  ACF Leasing LLC, ACF Services LLC & Generation Clean Fuels LLC v. Oneida Tribe of Indians of Wisconsin, Oneida Seven Generations Corp., Green Bay Renewable Energy LLC. Oneida Energy Inc. & Oneida Energy Blocker Corp.

























  • August 14, 2014, Court Order re: Plaintiffs’ Motion Granted, Cook Co. IL Case No. 2014-L-002768, ACF Leasing LLC, ACF Services LLC & Generation Clean Fuels LLC v. Oneida Tribe of Indians of Wisconsin, Oneida Seven Generations Corp., Green Bay Renewable Energy LLC. Oneida Energy Inc. & Oneida Energy Blocker Corp.



    • June 17, 2014 Deposition of Ty Christopher Willihnganz;
    • April 10, 2014 Letter from Ty Willihnganz to Wisconsin Office of Lawyer Regulation re: Answer to Complaint Against Ty Willihnganz;
    • May 28, 2014 Letter from Ty Willihnganz to Judge Donald Zuidmulder re: Motion to Quash Subpoena in Brown Co. Case No. 13CV463, Araujo v. Ronald Van Den Heuvel and Green Box NA Green Bay, LLC






  • June 5, 2014 Order for Judge Margaret Brennan as Substitution, Cook County IL Case # 14-L2768, ACF Leasing LLC, ACF Services LLC & Generation Clean Fuels LLC v. Oneida Tribe of Indians of Wisconsin, Oneida Seven Generations Corp., Green Bay Renewable Energy LLC. Oneida Energy Inc. & Oneida Energy Blocker Corp.


  • May 9, 2014 Order for Substitution of Judge, Cook County IL Case # 14-L2768, ACF Leasing LLC, ACF Services LLC & Generation Clean Fuels LLC v. Oneida Tribe of Indians of Wisconsin, Oneida Seven Generations Corp., Green Bay Renewable Energy LLC. Oneida Energy Inc. & Oneida Energy Blocker Corp.

  • May 6, 2014 OTIW’s Motion for Substitution of Judge, Cook County IL Case # 14-L2768, ACF Leasing LLC, ACF Services LLC & Generation Clean Fuels LLC v. Oneida Tribe of Indians of Wisconsin, Oneida Seven Generations Corp., Green Bay Renewable Energy LLC. Oneida Energy Inc. & Oneida Energy Blocker Corp.









  • April 30, 2014 Affidavit of Gene Keluche, Cook County IL Case # 14-L2768, ACF Leasing LLC, ACF Services LLC & Generation Clean Fuels LLC v. Oneida Tribe of Indians of Wisconsin, Oneida Seven Generations Corp., Green Bay Renewable Energy LLC. Oneida Energy Inc. & Oneida Energy Blocker Corp.





























4. New Business

a. Petitioner Frank Cornelius: General Tribal Council directs the Business Committee to dissolve the Oneida Seven Generations Corporation based on the Law Office’s March 2013 finding that the OSGC’s corporate charter identifies that the shareholder (i..e. the Tribe), as represented by the Oneida Business Committee, can dissolve the corporation (petition submitted 7/9/13)

Motion by Cathy L. Metoxen to dissolve Seven Generations Corporation and for Frank Cornelius to assist and work with the Business Committee on the dissolution, seconded by Scharlene Kasee. Motion approved by a hand count: 814 yes, 689 no, 69 abstained, total-1,572




WHEREAS, the Oneida General Tribal Council is the duly recognized governing body of the Oneida Tribe of Indians of Wisconsin, and

WHEREAS, the General Tribal Council has been delegated the authority of Article IV, Section I of the Oneida Tribal Constitution, and

WHEREAS, the Oneida Business Committee may be delegated duties and responsibilities by the Oneida General Tribal Council and is at all times subject to the review powers of the Oneida General Tribal Council, and

WHEREAS, the General Tribal Council met on to discuss the opportunity of implementing a waste-to-energy facility on the Reservation, and

WHEREAS, the General Tribal Council adopted the following motion:
“…to direct the BC to stop Oneida Seven Generations Corporation from building any gasification or waste-to-energy or plastic recycling plant at N7329 Water Circle Place, Oneida, Wisconsin or any other location within the Oneida Tribal reservation boundaries.”

WHEREAS, the discussion regarding waste-to-energy and other similar activities identified the General Tribal Council is of the opinion that this technology may result in causing health and environmental damage; and

WHEREAS, the Oneida Business Committee has identified a need to clarify the application of this action of the General Tribal Council to allow it to be fully implemented to meet the opinion of the General Tribal Council;

NOW THEREFORE BE IT RESOLVED that the Oneida Business Committee directs that all corporations, entities, and enterprises of the Tribe shall not engage in, or allow tenants or lessees to engage in, the business of operating a waste-to-energy, plastics recycling, or other similar technology on Tribal fee or trust property within the Reservation.

IT IS FURTHER RESOLVED that all corporations, entities, and enterprises of the Tribe who are engaged in, or who have tenants or lessees engaged in the business of operating a waste-to-energy, plastics recycling or other similar technology shall take necessary steps to cease those operations in a reasonable and timely manner.

That rejected OBC Resolution was proposed by some OBC members following the various media reports about the discovery of an illegal ‘open-flame’ operation being conducted in OSGC’s 1201 O’Hare Blvd. facility.

Oneida Eye’s reporting & analysis:







  • VIDEO – August 28, 2013 Oneida Business Committee Regular Meeting excerpt re: Analysis of Frank Cornelius Sr.’s Petition for GTC to Direct the OBC to Dissolve OSGC, as well as OSGC Report by ONWI Legislative Affairs Director & OSGC Board Member Nathan King announcing the ‘Mutual Seperation Agreement’ with former OSGC CEO Kevin Cornelius, and falsely claiming OSGC was not involved in pyrolysis nor gasificaiton on the ONWI Reservation when it was illegally occuring a in violation of local zoning laws at their 1201 O’Hare Boulevard commercial building in De Pere, WI, as well as the OBC refusing to acknowledge OSGC’s plan to market pyrolysis & gasification incinerators to other Tribes and municipalities


As you know, you and we have devoted substantial amounts of time, effort and money to developing the Project. We understand that you have devoted in excess of $5.8 million to the Project. We have also devoted thousands of hours and over $3.0 million to the Project. Now that the Project is about to be financed, it would be a horrible waste of all those house and dollars to abandon it at this point. …

 Because of the close working relationship we have developed with your team, we have Made many concessions, which have increased your potential benefit and reduced (if not eliminated) your risks with respect to this Project.

•  Leasing the equipment for the Project to you at a substantial discount to its market price.

•  Agreeing to defer almost half of the Project cost owed to us for as long as 9 years.

•  Lending GBRE $870,000 to fund half of the required debt service reserve fund.

•  Guaranteeing the entire amount of the loan. In addition, I am personally guaranteeing $3.0 million of the loan.

•  Providing OSGC with a royalty of 11% of gross revenues off the top.

•  Providing OSGC with a $250,000 development fee at Closing.

•  Depositing $2.2 million in cash as additional collateral for the loan.

We need to know as soon as possible whether you plan to complete the Project. We have many other customers who would like to acquire equipment from us. We have been deferring these customers because of our commitment to you. However, if you do not tell us by August 23, 2013, that you are planning to complete the Project, we will need to divert our assets and attention to servicing our other customers. At this point, even if you decided to complete the Project, we would need to reconsider whether we would still be willing to do the Project on the same basis (including all of the concessions outlined above).

We hope to hear from you soon and look forward to a long and mutually beneficial relationship.

















4. Petitions …

b. Petitioner Leah Sue Dodge: General Tribal Council directs the Oneida Business Committee to stop Oneida Seven Generations Corporation (OSGC) from building any “gasification” or “waste-to-energy” or “plastics recycling” plant at N7329 Water Circle Place, Oneida, WI or any other location within the Oneida Tribal reservation boundaries

Motion by Karen Skenandore, seconded by Tammy Skenandore, to end discussion. Motion approved by show of hands.

Motion by Leah Sue Dodge, seconded by Cathy L. Metoxen, to direct the Oneida Business Committee to stop Oneida Seven Generations Corporation (OSGC) from building any ‘gasification’ or ‘waste-to-energy’ or ‘plastics recycling’ plant at N7329 Water Circle Place, Oneida, Wisconsin or any other location within the Oneida Tribal boundaries. Motion by Loretta V. Metoxen, seconded by Larry Smith, to table [the petition submitted by Leah Sue Dodge]. Motion to table failed by hand count: Yes—755, No—814, Abstentions–18, Total votes–1,587

Motion by Leah Sue Dodge, seconded by Cathy L. Metoxen, to direct the Oneida Business Committee to stop Oneida Seven Generations Corporation (OSGC) from building any ‘gasification’ or ‘waste-to-energy’ or ‘plastics recycling’ plant at N7329 Water Circle Place, Oneida, Wisconsin or any other location within the Oneida Tribal boundaries. Motion approved by a show of hands.

 

TRANSCRIPT – May 5, 2013 General Tribal Council Meeting Transcript, including GTC’s vote to prohibit OSGC & its subsidiaries from engaging in ‘pyrolysis,’ ‘waste-to-energy’ and ‘plastics-to-oil’ anywhere on the Oneida Nation of Wisconsin reservation.

AUDIO – May 5, 2013 GTC Meeting re: OSGC wherein GTC votes to prohibit OSGC from conducting gasification on the Oneida reservation, yet OSGC did it anyway

  • PDF of Leah Sue Dodge’s slideshow presentation to GTC re: OSGC

“On or about May 3, 2013, Kevin Cornelius informed ACF that 4 out of 5 OSGC Board members approved the commitment letter.” [April 6, 2015 Plaintiffs-Appellants’ Brief, Cook Co. IL, ACF/GCF v. ONW/OSGC et ]

Kevin:

Did you sign the commitment letter yet?

Eric

We are still waiting for one more board member to give us a yes. We have 4 yes votes, but we’d like to have all 5 votes.

We have two options. First, we will talk with Craig at the bank and if he needs it by today then we will sign the commitment letter since we have the votes.

Second, if we wait till Monday [May 6, after the Sunday, May 5, 2013 GTC Meeting Kevin Cornelius attended on behalf of OSGC where GTC voted to prohibit OSGC from engaging in ACF/GCF’s project on the Oneida Reservation,] then we will work with the board member to get his vote by Monday. He is not opposed, but  he had a few questions and we have sent him the answers, but he has not gotten back to us.



A. Executive Session

1. Rescind resolution 12-08-10-B Supporting Oneida Seven Generations and Oneida Energy in the Development of the Waste-to-Energy Project

Sponsored by: [OBC Chair] Ed Delgado

Motion by [OBC Treas. Cristina] Danforth to reaffirm resolution 12-08-10-B Supporing Oneida Seven Generations and Oneida Energy in the Development of the Waste-to-Energy Project, seconded by Paul Ninham. Motion carried unanimously:

Ayes:  Melinda J. Danforth, Tina Danforth, Vince DelaRosa, Greg Matson, Patty Hoeft, David Jordan, Paul Ninahm

Not present: Bradon Stevens

Media coverage:

In reality, the OBC voted on April 11, 2013 to reaffirm OBC Resoluton 12-08-10-B which states the OBC supports OSGC & subsidiary Oneida Energy Inc.

as corporations wholly owned by the Tribe constructing this facility on the Oneida Reservation, OSGC and Oneida Energy are bound to comply with tribal land use and environmental laws as well as federal environmental laws

HOWEVER, the Hurlbut St. parcel  in the City of Green Bay which the OBC claimed their reaffirmation vote was in favor of is NOT on the Oneida Reservation.

On May 5, 2013 General Tribal Council voted to prohibit OSGC & its subsidiaries from engaging in ‘gasification,’ ‘waste-to-energy’ and ‘plastics-to-oil’ anywhere on the Oneida Nation in Wisconsin Reservation.





















December 11, 2012 Affidavit of Kevin Cornelius w/ Exhibits in Support of Motion for Preliminary Injunction, Brown Co. Case No. 12CV2263Oneida Seven Generations Corp. & Green Bay Renewable Energy, LLC  v.  City of Green Bay





December 4, 2012 City of Green Bay’s Answer & Affirmative Defences of Defendant for Certiorari Review, Brown Co. Case No. 12CV2263, Oneida Seven Generations Corp. & Green Bay Renewable Energy, LLC v. City of Green Bay






November 1, 2012 Letter from City of Green Bay’s Attorney Anthony S. Wachewicz III to OSGC CEO Kevin Cornelius re: Green Bay Common Council’s Rescission of CUP






  • March 2, 2012 Complaint, Brown Co. Case No. 12CV479, Julie Gumban  v.  Ron Van Den Heuvel, Kelly Van Den Heuvel, KYHKJG LLC, Tissue Products Technology Corp. & Tissue Technology LLC




OSGC President & Chair William ‘Bill’ Cornelius, Esq., was later employed by Baker Tilly Virchow Krause, LLC






[Ed] must read the [CONFIDENTIAL October 30, 2008 OSGC AUDIT by the Tribe’s INTERNAL AUDIT DEPT.] as it appears that [OSGC] is still not in compliance with the issues brought up there …. While my previous emails may have seemed to soften my stance on [OSGC] after reading the 2008 audit I am very concerned. [Ed] should order a followup to the 2008 audit and then have an independent counsel review how the tribal law was violated and possible action. (much of this is business 101)…

I am very concerned about this whole mess.








This letter is, also, to inform you that the information submitted is incomplete. …

Due to the nature of this operation, and to improve our knowledge, as well as, provide a appropriate evaluation, we have asked for supporting information (i.e. from lab testing and existing operations). The submittal provides information that mixes “waste-to-energy” (WTE) under differing applications. For example, in some literature, there are references to biomass waste burned in boilers to produce energy. There are also references to municipal solid waste (MSW) being incinerated. However, biomass waste differs in energy production than MSW, and boilers differ in operation than incinerators, which also differ in operation than the pyrolysis gasification process. Although there are number WTE boilers and MSW incinerators in the US, it appears that current operating pyrolysis applications are at research and testing locations and do not exist on a commercial scale. We are concerned that your proposal is for a large scale facility versus an initially scaled down pilot facility (with the potential for growth pending proven operating success). I cautiously note, in its current for, the information submitted does not provide us with a confidence level that would ensure a reasonable expectation of success.



Mike Debraska: I have a couple of questions here. Can everyone please turn to page 55 [of the meeting packet]? If you all go down to that fourth paragraph, where it starts out “the Oneida Business Committee has authorized two types of corporate entities,” jump down to the sixth sentence there. It says “the Oneida Tribe does not currently have laws regarding corporations in place.” Why on God’s green earth are we supporting Seven Gens when you guys don’t even have laws, rules or regulations to govern those people? That’s first, okay. Secondly, look at a couple lines down from there in that paragraph that says…in the second sentence, “however, in the case where the corporation has a small number of shareholders or in the case where the Tribe is the sole shareholder, liability” – LIABILITY – “may pass through the corporation to the Tribe.” You mean we’re responsible for their blunders and their errors? That’s my second point. I got about 20 others in here because I’ve spent about 14 hours going through this thing and picking it apart. On page 58, if you notice, on the bottom there, or, excuse me, go one page back to letter H. It says, “to elect or appoint officers or agents of the corporations and define their duties and set their compensation, provided that such elections or appointments comply with the laws of the Oneida Nation and policies of the corporation….” What laws?! You just told me on the page before you have no laws, rules or regulations governing these people! This is what I mean about conflicting information. Bad, bad news. I can’t make heads or tails of this and every time I’ve asked for information and had requests about Seven Gens, I’ve never gotten anything. I don’t think we should be giving them one more dime.

[Fmr. OBC Chair] Rick Hill: Kathy Hughes?

[Fmr. OBC Vice-Chair] Kathy Hughes: On the question, I guess the first one, about the Tribe having no corporate laws, that is basically correct.


  • 2011 BC Res 03-23-2011-C Support Energy Project, ‘Renewable Energy Topic Area 3 – Development of a Renewable Energy Project for Power Production by Oneida Seven Generation[s Corporation]’ on “Indian Lands identified and committed to the proposed project is a fee simple parcel, identified as 1230 Hurlbut St., Green Bay, WI, 54303 and in the process of purchase by the [Oneida] Seven Generations Corporation” [NOTE: IN FACT, THE HURLBUT ST. PARCEL IS NOT ON RESERVATION LAND.]




…Emissions Source tests conducted at the Romoland facility in June-July 2005 confirmed this technology emits dioxin and other toxic air contaminants as well as other pollutants. The SCAQMD preliminary evaluation of the test results found some emissions exceeded those from typical garbage incinerators. …

We respectfully urge the Oneida Nation to reconsider this project that would pollute the environment and undermine true renewable energy efforts, and instead pursue safer, truly green and viable economic development projects.





[A]s corporations wholly owned by the Tribe constructing this facility on the Oneida Reservation, OSGC and Oneida Energy are bound to comply with tribal land use and environmental laws as well as federal environmental laws




 

When BIA pays the lender on its claim for loss, the lender must sign and deliver to BIA an assignment of rights to its loan agreement with the borrower, in a document acceptable to BIA. Immediately upon payment, BIA is subrogated to all rights of the lender under the loan agreement with the borrower, and must pursue collection efforts against the borrower and any co-maker and guarantor, as required by law.


  • June 23, 2010 Oneida Business Committee Resolution 06-23-10-B, ‘Department of the Interior / Bureau of Indian Affairs / Energy and Mineral Development Program / Office of Indian Energy and Economic Development Grant Program / Office of Indian Energy and Economic Development Grant Program to Assess, Evaluate and Promote Development of Tribal Energy and Mineral Resources FY2010’




  • GTC Resolution 11-15-08-C, Treasurer’s Report to include all Receipts and Expenditures and the Amount and Nature of all Funds in the Treasurer’s Possession and Custody:

Now Therefore Be It Resolved, that the Oneida General Tribal Council hereby directs that all Treasurer reports hereinafter include an independently audited annual statement that provides the status or conclusion of all the receipts and debits in possession of the Treasurer of the Tribe including, but not limited to, all corporations owned in full or in part by the Tribe, and

Be It Further Resolved, that the Oneida General Tribal Council hereby directs that aU Treasurer’s reports to the Oneida General Tribal Council at the semi-annual and annual Oneida General Tribal Council meetings hereinafter include an independently audited annual financial statement that provides the status or conclusion of all receipts and debits in possession of the Treasurer of the Tribe and including, but not limited to component units (Tribally chartered corporations and autonomous entities, limited liability companies, state chartered corporations, any tribal economic development authority, boards, committees and commissions, vendors and consultants) owned in full or in part by the Tribe, and

Be It Further Resolved, that no “agent” of the Tribe shall enter into any agreement with any corporation that prohibits full disclosure of all transactions (receipts and expenditures and the nature of such funds) and that such an agreement is not binding to the Tribe, and

Be It Finally Resolved, that the Oneida General Tribal Council hereby directs implementation of this resolution at the next regular Oneida General Tribal Council meeting or at such special meeting of the Oneida General Tribal Council whereby a Treasurer’s report is requested.





WHEREAS, the ability of our Native community to be protected from the affects of dioxin poisoning is critical to the future of our tribal nations and a1l life that sustains us,
and…

WHEREAS, tribal communities and families continue to be disproportionately exposed to dioxin and other persistent organic pollutants. Many of our tribal members are more susceptible to these dangerous toxins due to our land-based culture and subsistence practices, and…

WHEREAS, dioxin has been classified as a “known human carcinogen” with the “highest” level of certainty by the International Agency for Research on Cancer, and acknowledged by the World Health Organization that dioxin exposure is linked to severe health effects…

NOW, THERE, BE IT RESOLVED: that the Oneida Tribe of Indians of Wisconsin requests that the United States State Department pursue ending the production and releas eof Dioxin and other Persistent Organic Pollutants in the United States.




[The] charter granted on October 16, 1996 did not make it clear that Oneida Seven Generations Corporation must comply with the banking laws






 


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