AVAILABLE on Amazon/Kindle!
THE WORLD WE NEED:
Stories and Lessons from America’s
Unsung Environmental Movement
Edited by Audrea Lim
includes an interview with
Oneida Eye Publisher Leah Sue Dodge
[CLICK HERE for TheWorldWeNeed.com microsite]
and…
RED HERRINGS:
A Cautionary Journey
for Citizen Opposition Groups
by John Filcher
how Wisconsin locals & Oneida Nation members successfully battled incinerators
This is a true story about an untrue story. It takes you through the experiences of an ordinary group of citizens and neighbors who banded together to fight against a proposed trash incinerator that would have threatened their neighborhoods. It is an accounting of a scandal that was based on fairy tales of impossible science, and sprinkled liberally with deception and corruption. The true events that unfolded gave meaning to the wry observation that oftentimes, truth really is stranger than fiction. It was finally stopped when a small group decided that enough was enough. They stood up and got the truth out. By telling the truth, they slowly turned the tables against the developer. Written from the point of view of one of those citizens who got involved in the effort to stop the proposed project, this book takes you inside the real-life campaign from the initial discovery of the development all the way through its final demise.
See also: Oneida Eye’s YouTube Channel,
our Gallery pages,
our Timeline pages,
our Documents Page 1 (7/12/2017–Present)
our Documents Page 2 (1995–6/12/2017)
and Twitter.com/OneidaEye
• CLICK HERE FOR MEDIA PAGE 2
(October 22, 2017 – November 2, 1997)
MEDIA PAGE 1
(Present – October 23, 2017)
In reverse chronological order:
April 10, 2024
Lawrence Journal-World / LJWorld.com: No foul play suspected in death of Haskell Indian Nations University student Cole Brings Plenty – wanted for Aggravated Residential Burglary, Criminal Restraint and Aggravated Domestic Battery, eerily similar to that of HINU Board of Regents member and Oneida Nation WI Vice-Chair Brandon Yellowbird Stevens
April 5, 2024
WDAF / Fox 4 Kansas City: Body of Haskell Indian Nations University student and actor Cole Brings Plenty found in Johnson County, Kansas after being charged in Lawrence, KS for Aggravated Residential Burglary, Criminal Restraint and Aggravated Domestic Battery
March 13, 2024
WBAY: Oneida Nation WI Judiciary Bailiff / Oneida Nation High School football coach Bryan Peterson indicted in Wisconsin Eastern District federal court for distributing child pornography
February 27, 2024
UpNorthLive.com: Cleanup efforts continue at the site of former Tissue Depot storage facility in Cheboygan, Michigan
February 15, 2024
Wall Street Journal / MSN.com: The Federal Government Runs a College. It Has Had Eight Presidents in Six Years. Haskell Indian Nations University has come under fire from Kansas politicians, students and employees, who say it is poorly run and seemingly unaccountable to anyone. – by Shannon Najmabadi
February 9, 2024
WGBA: Parents of one of Mauricio Powless’ sexual assault victims shares their emotional story
January 30, 2024
Lawrence Journal-World / LJWorld.com: Watchdog group, Public Employees for Environmental Responsibility / PEER, says letters from top Bureau of Indian Education official Tony Dearman appear to confirm existence of report on alleged sexual assaults & crimes at Haskell Indian Nations University
January 22, 2024
WBAY: Former Oneida Nation WI security officer Winter Benton convicted of 4 counts of sexual assault of child under age 12
January 10, 2024
UpNorthLive.com: Demolition work begins at Tissue Depot warehouse in Cheboygan Michigan
December 8, 2023
WFRV: Oneida Nation WI member Gerald Diamond II sentenced after authorities find several drugs in vehicle on Menominee Indian Tribe of Wisconsin Reservation
November 27, 2023
UpNorthLive.com: Cheboygan Great Lakes Tissue Co. / Tissue Depot plant faces eviction amidst fraud allegations and operations halt
November 18, 2023
Cheboygan Daily Tribune / USAToday: Paper mill owner Thomas Homco says most of fire cleanup completed, plans to evict tenants Patriot Advanced Environmental Technologies LLC
November 6, 2023
Lawrence Journal-World / LJWorld.com: Watchdog group, Public Employees for Environmental Responsibility / PEER, that sued Bureau of Indian Education to obtain withheld investigative report on sexual assaults & crimes at Haskell Indian Nations University says the documents BIE handed over are not what PEER filed FOIA over
October 25, 2023
UpNorthLive.com: Great Lakes Tissue Company loses attorneys amid lawsuit
September 28, 2023
Lawrence Journal-World / LJWorld.com: After student Tierra Thomas publicizes allegations of sexual abuse and says local law enforcement told her that the FBI will contact her & several students very soon, Haskell Indian Nations University president Frank Arpan says the school plans to create new position and revise polices related to sexual assault
September 24, 2023
Traverse City Record-Eagle: Cheboygan: Cause of Tissue Depot fire still unknown
Tracy Morris, public information officer for the ATF’s Detroit bureau, said certified fire investigators are examining the scene to determine if there is any arson-related evidence.
September 21, 2023
Lawrence Journal-World / LJWorld.com: Haskell Indian Nations University student Tierra Thomas speaks out about alleged systematic sexual abuse on campus, says she has reported what she has experienced ‘over 30 times’ to deaf ears of HINU employees and Board of Regents
September 19, 2023
UpNorthLive.com: Portion of Cheboygan street closed ‘indefinitely’ after Tissue Depot fire
September 13, 2023
9&10 News.com: Shelter in place warning issued as crews battle fire at Tissue Depot in Cheboygan, Michigan
UpNorthLive.com / TV 7&4 and TV 29&8: Crews contain fire at Cheboygan, Michigan Tissue Depot’s storage building; EPA to monitor air quality
July 31, 2023
Lawrence Journal-World / LJWorld.com: Former Haskell Indian Nations University Cross-County coach Clay Mayes files petition for reinstatement, calls for release of reports on multiple investigations
- July 28, 2023 Clay Mayes Letter to BIE Dir. Tony Dearman re: Withdrawal of Haskell Unjustified Contract Termination, Reinstatement as Haskell Cross-County Coach, Release of Undisclosed USPS and BIE Reports, Referral to FBI and US Attorney
July 28, 2023
Lawrence Journal-World / LJWorld.com: Government watchdog Public Employees for Environmental Responsibility [PEER] files lawsuit against Bureau of Indian Education [BIE] overseeing Haskell Indian Nations University for withholding investigative report
- July 28, 2023 COMPLAINT re: Freedom of Information Act requests for Haskell Indian Nations University report on claims of sexual assault & crimes, U.S. District Court for the District of Columbia, Case No. 23-CV-2194, Public Employees for Environmental Responsibility [PEER] v. U.S. Bureau of Indian Education [BIE]
July 3, 2023
Lawrence Journal-World / LJWorld.com: Feds deny watchdog request for investigative report of sexual abuse & fraud at Haskell Indian Nations University, but non-profit Public Employees for Environmental Responsibility [PEER] says it’s ready to sue Bureau of Indian Education [BIE] to get hundreds of documents
May 15, 2023
UpNorthLive.com / TV 7&4 and TV 29&8: New leadership at Cheboygan’s Tissue Depot after Ken Schleben replaces Gordon Nameni as president
May 4, 2023
UpNorthLive.com / TV 7&4 and TV 29&8: Wisconsin federal judge says it’s up to Bureau of Prisons whether twice-convicted Ron Van Den Heuvel will be allowed to work for Cheboygan’s Great Lakes Tissue Co. / Tissue Depot
May 1, 2023
UpNorthLive.com / TV 7&4 and TV 29&8: Legal issues continue for Cheboygan’s Great Lakes Tissue Co. / Tissue Depot
April 19, 2023
UpNorthLive.com / TV 7&4 and TV 29&8: One-on-one Interview with twice-convicted Tissue Depot Consultant Ron Van Den Heuvel
Full 32 minute interview:
April 18, 2023
UpNorthLive.com / TV 7&4 and TV 29&8: Judge extends Temporary Restraining Order against Great Lakes Tissue Co. as lawsuit discovery begins
April 14, 2023
UpNorthLive.com / TV 7&4 and TV 29&8: Repo company pays a visit to Cheboygan’s Tissue Depot
April 12, 2023
UpNorthLive.com / TV 7&4 and TV 29&8: Temporary Restraining Order issued in lawsuit filed against Great Lakes Tissue Co. over questions about Tissue Depot & Ron Van Den Heuvel
April 6, 2023
UpNorthLive.com / TV 7&4 and TV 29&8: More questions than answers at Cheboygan’s Tissue Depot
March 27, 2023
Lawrence Journal-World / LJWorld.com: Former Haskell Indian Nations University President Ronald Graham files complaint alleging ‘corruption, criminal misconduct’ and more at the Bureau of Indian Education and on campus
March 17, 2023
Petoskey News-Review: Identities of officials, ownership of Cheboygan mill revealed
March 16, 2023
UpNorthLive.com / TV 7&4 and TV 29&8: Leadership changes yet again at Cheboygan factory
March 10, 2023
Lawrence Journal-World / LJWorld.com: In letter to U.S. Secretary of the Interior Deb Haaland, Haskell Indian Nations University students claim a 6-month investigation took place on campus but hasn’t been made public
In a letter sent to U.S. Secretary of the Interior Deb Haaland in January, Haskell Indian Nations University students claim that a lengthy investigation into allegations of misconduct on campus wrapped up months ago but has yet to be made public.
The letter, which the Journal-World has obtained a copy of, claims a Bureau of Indian Education investigation took place at Haskell during a span of more than six months in 2022 and by the beginning of this year had uncovered “extensive evidence” of a number of crimes perpetrated by a group of about 10 employees — fraudulent reports to remove staff, multiple “forms of assault,” sexual abuse committed by students and employees, and the embezzlement and theft of federal property. The BIE oversees Haskell’s operations and is housed under the Department of the Interior.
“The faculty members we have exchanged some thoughts and ideas (with) believe, as do the students, the investigation’s findings are 100% being covered up,” the letter reads. “We have seen systematic abuse, neglect of victims and strong efforts by BIE officials in encouraging Haskell faculty to not discuss Haskell’s investigation.”
February 11, 2023
Cheboygan Daily Tribune / USAToday: Great Lakes Tissue changes ownership, now named Tissue Depot
February 9, 2023
UpNorthLive.com / TV 7&4 and TV 29&8: Cheboygan company Tissue Depot has ‘ambitious plans’ for the future
February 3, 2023
Lawrence Journal-World / LJWorld.com: Senator Jerry Moran’s office has yet to receive a response from Bureau of Indian Education about allegations from Haskell Indian Nations University students
Lawrence Journal-World / LJWorld.com: Haskell Board of Regents president Brittany Hall discusses new university leadership, goals for board
January 27, 2023
Lawrence Times / LawrenceTimes.com: Frank Arpan “tentatively selected” as president of Haskell Indian Nations University as Julia Good Fox leaves post; former president Ronald Graham fired for failure to follow COVID-19 measures & faculty interaction policies
November 29, 2022
Green Bay Press Gazette / USAToday: Judge Griesbach orders Ron Van Den Heuvel to begin repaying $200 a month to victims of his $9.4M in fraudulent business dealings
September 22, 2022
WBAY: Exclusive Video: How Gustavo Cantu was captured in Texas for Green Bay murder of tribe member Randall Denny
July 29, 2022
Kansas City Star / KansasCity.com: Haskell Indian Nations University students deserve the truth about why cross country coach Clay Mayes was ousted
July 20, 2022
The Indian Leader / TheIndianLeader.com: Open Letter to Haskell Indian Nations University, Bureau of Indian Education, and the Native Community from Haskell’s Cross Country Team re: Bullying & Intimidation by Staff & Administrators
July 15, 2022
NativeNewsOnline.net: How a Recent Supreme Court Decision Derailed a Native Student Journalist’s Free-Speech Lawsuit
July 14, 2022
Green Bay Press Gazette / USAToday: Federal appeals court agrees with dismissal of lawsuit over 2018 fatal Green Bay police shooting of Oneida Nation member Jonathon Tubby
WLUK: 7th Circuit Appeals Court upholds dismissal of Jonathon Tubby estate lawsuit
July 8, 2022
WLUK: Ruben Ortiz Jr. sentenced to federal prison as “ringleader” for large-scale Green Bay drug ring dealing heroin, methamphetamine, cocaine & fentanyl
July 7, 2022
WBAY: Latin Kings “Ringleader” Ruben Ortiz Jr. sentenced to federal prison for large-scale Green Bay drug operation involving Oneida Nation members
WHBY: Green Bay drug dealing ringleader Ruben Ortiz Jr. gets federal prison term of 105 months
July 6, 2022June 10, 2022
Lawrence Journal-World: Haskell Indian Nations University athletes were made to sign no-contact agreements stemming from investigation of former XCountry coach; students say administrators intimidated & threatened them
June 3, 2022
Lawrence Journal-World: Haskell Indian Nations University president search to continue; candidate who was offered permanent position turned it down
May 27, 2022
Kansas City Star / KansasCity.com: New federal probe of fraud & nepotism at Haskell Indian Nations University after fired XCountry coach’s claims of bullying & intimidation
May 17, 2022
Lawrence Journal-World: Haskell Indian Nations University mentions new interim president in press release; details aren’t clear
HELP WANTED:
• USAJOBS.GOV – President, Haskell Indian Nations University
Salary: $135,468 – $203,700 per year
(Opening date 5/17/22; closing date 6/16/22)
May 13, 2022
Lawrence Times / LawrenceKSTimes.com: Haskell Indian Nations University Cross Country Coach Clay Mayes barred from team for 5 months, then fired after requesting administrative hearing
April 22, 2022
Lawrence Journal-World: ‘Our Native Americans deserve more’: U.S. Senator Jerry Moran voices frustration with bureaucracy, lack of communication on Haskell Indian Nations University which is expecting to have a new president announced soon
SEE ALSO:
• Foundation for Individual Rights & Expression / TheFIRE.org – VICTORY: Court orders Native American college that muzzled student journalists to adopt sweeping reform to protect student speech and press rights after now-ousted president forbade criticism
January 12, 2022
WFRV: Suspect flees from officers in Ashwaubenon; taken to hospital for possibly swallowing drugs
- SEE ALSO:
Brown Co. Case No. 22-CF-77, State of Wisconsin v. Juan Pedroza- Brown Co. Case No. 20-CF-1560
- Brown Co. Case No. 20-CT-260
January 13, 2022 Complaint, Brown Co. Case No. 22-CF-70, State of Wisconsin v. Felicia M. Jacobson re: Maintaining a Drug Trafficking Place / Second or Subsequent Offense / Illegal Rx drugs; Felicia Marie Jacobson was named by Stephanie Ortiz as among the mothers of Ruben Ortiz Jr.’s children and someone whom Ruben uses to conduct his illegal gang activities
October 26, 2021
Green Bay Press Gazette / USAToday: Green Box fraud convict Ron Van Den Heuvel claimed he repaid $6 million in restitution. Prosecutors say he’s lying.
September 29, 2021
WLUK: Ruben Ortiz Jr., alleged leader in Brown County Latin Kings drug ring, expected to be convicted
August 9, 2021
WCAU: Wayde McKelvy, Scammer for $54M Green Energy Ponzi Scheme Mantria Corp. Sentenced to 18 Years Prison
July 28, 2021
Green Bay Press Gazette / USAToday: Oneida watchdog Leah Sue Dodge’s fight against waste-to-energy plant celebrated in new books
June 8, 2021
The Lawrence Times: Haskell Indian Nations University Acting President Tamarah Pfeiffer announces retroactive retirement of VP of Academic Affairs Melanie Daniel
May 23, 2021
WBAY: Family of Jonathon Tubby to appeal Judge Griesbach’s dismissal of federal claims to the Seventh Circuit. and will also appeal Brown County’s $19,920.59 bill of costs
May 20, 2021
WBAY: Judge Griesbach dismisses Jonathon Tubby family’s federal lawsuit for police custody death
May 14, 2021
InsideHigherEd.com: A Troublesome Year Leads to President’s Firing:
Ronald Graham served as president of Haskell Indian Nations University for about one year and was removed amid student and faculty claims that he suppressed free speech on campus
“Still nothing has been said to students,” [The Indian Leader Editor Jared Nally] said, adding that the lapses in shared governance and lack of involvement of the regents have left students, faculty and staff members feeling excluded and in the dark.
“There haven’t really been checks and balances,” Nally said. “There’s a lot of ways we stepped up to fill those roles.”
May 10, 2021
Lawrence Journal-World: Haskell Indian Nations University President Ronald Graham who was removed from office defends his tenure, says he would never intentionally violate First Amendment
May 7, 2021
The Indian Leader / TheIndianLeader.com: Ronald Graham removed from office, Tamarah Pfeiffer new acting president of Haskell Indian Nations University
May 3, 2021
Lawrence Journal-World: For 2nd time in one month, Haskell Indian Nations University’s Faculty Senate unanimously declares no confidence in a university administrator – this time Vice President of Academics Melanie Daniel
Daily Mail: May 1, 2021
Daily Mail: Gunman kills two people in ‘targeted’ shooting at Oneida Nation of Wisconsin casino before being shot dead by police
April 15, 2021
Lawrence Journal-World: U.S. Dept. of Interior’s Bureau of Indian Education sends review team to Haskell Indian Nations University after no-confidence vote in President Ronald Graham
April 7, 2021
Lawrence Journal-World: U.S. Dept. of Interior’s Bureau of Indian Education Director Tony Dearman rescinds directive from Haskell Indian Nations University President Ronald Graham, says it’s committed to free speech
- April 6, 2021 U.S. Dept. of Interior Bureau of Indian Education Director Tony Dearman Letter to Haskell Indian Nations University rescinding March 2021 directives of Pres. Ronald Graham and VP of Academics Melanie Daniel
April 2, 2021
Lawrence Journal-World: Haskell Indian Nations University Faculty Senate unanimously declares no confidence in university’s President Ronald Graham, citing ‘disregard for academic freedom’ and free speech, among other complaints
March 25, 2021
Lawrence Journal-World: After being sued for allegedly violating student’s First Amendment rights, Haskell Indian Nations University President Ronald Graham restricts how employees can communicate
- March 25, 2021 FIRE Letter to U.S. Dept. of Interior / Indian Affairs re: HINU Pres. Ronald Graham
- Foundation for Individual Rights & Expression / TheFIRE.org – Embattled Haskell administration forbids criticism from faculty days after being sued for violating students’ First Amendment rights
March 2, 2021
Lawrence Journal-World: Haskell Indian Nations University’s Indian Leader newspaper Editor Jared Nally files federal lawsuit against Haskell President Ronald Graham
- March 2, 2021 Complaint for Civil Rights Violations; U.S. District Court, Kansas, Case No. 21-CV-2113, Jared Nally & The Indian Leader Association v. Ronald J. Graham, Haskell Indian Nations University, Tony L. Dearman & the Bureau of Indian Education
- Foundation for Individual Rights & Expression / TheFIRE.org – Student reporter sues university president for forbidding journalism
February 18, 2021
USA TODAY / Green Bay Press-Gazette: Village of Hobart, Wisconsin drops Big Apple Fest court case involving Oneida Nation of Wisconsin
October 29, 2020
Inside Higher Ed / InsideHigherEd.com: Blaming the Messenger – The editor of a student newspaper is facing sanction by the institution’s president for reporting considered routine journalistic practice. Free press advocates call it an “egregious” violation of the First Amendment
September 10, 2020
The Press Times: Village of Hobart mulling options after federal reversals in Oneida Nation WI case
July 30, 2020
USA TODAY / Green Bay Press-Gazette: Oneida Nation wins 7th Circuit appeal in case against Village of Hobart, Wisconsin over sovereignty
July 24, 2020
USA TODAY / Green Bay Press-Gazette: Oneida Nation member Madelyn Genskow sues Oneida tribal police, Brown County WI officials for removing her from tribal meeting
See Oneida Eye’s previous reporting:
July 17, 2020
Law360: Mantria Corp. waste-to-energy Ponzi schemer Troy Wragg can’t get early release from FCI Fort Dix over COVID-19 fears
July 10, 2020
USA TODAY / Green Bay Press-Gazette: Victims of fraud, embezzlement sometimes get restitution, but often the ending is unhappy
Dr. Marco Araujo, a former Green Bay anesthesiolgist and former friend of [Ron] Van Den Heuvel’s was cheated out of $600,000 in the scheme. He has seen no restitution, and he continually sends [Wisconsin Eastern District US Attorney Matthew] Krueger notes and letters hinting at where and how Araujo believes Van Den Heuvel has hidden assets to avoid paying anyone back.
June 5, 2020
WBAY: Family of Jonathon Tubby: Green Bay Police Chief Andrew Smith’s words are too little, too late
Chief Smith wants to draw a distinction between the cases of Jonathon Tubby and George Floyd, but otherwise can’t say much because of a civil lawsuit filed by Tubby’s family against the police department and the City of Green Bay.
“I’m terribly sorry to the Tubby family for what occurred, but the cases between this and Minneapolis are completely different,” Green Bay Police Chief Andrew Smith said.
June 2, 2020
USA TODAY / Green Bay Press-Gazette: Family of Jonathon Tubby blasts Green Bay Police Chief Andrew Smith for ‘hypocrisy’ in wake of George Floyd death
May 28, 2020
USA TODAY / Green Bay Press-Gazette: Green Box fraud convict Ron Van Den Heuvel loses bid for early release over COVID-19 worries
WTAQ: Judge Griesbach shoots down early release request from convicted swindler Ron Van Den Heuvel
May 27, 2020
WLUK: Judge Griesbach denies Ron Van Den Heuvel’s request for early release from prison during COVID-19 pandemic
May 21, 2020
WBAY: De Pere fraud convict Ron Van Den Heuvel asks for early release due to COVID-19 risks
May 20, 2020
USA TODAY / Green Bay Press-Gazette: Convicted Green Box fraudster Ron Van Den Heuvel thinks COVID-19 scare should get him out of prison early
December 13, 2019
USA TODAY / Green Bay Press-Gazette: Former Oneida Nation of Wisconsin Chairman Rick Hill Dies
November 22, 2019
The Press Times: Village of Hobart board halts easement purchase for Highway 29 / County Road VV interchange
October 22, 2019
WBAY: Appeals court upholds conviction of Vance Reed in ‘gruesome’ Oneida slayings
October 21, 2019
USA TODAY / Green Bay Press-Gazette: Vance Reed never explained why he killed Harry & Lorraine Brown Bear of Oneida in 2016
October 16, 2019
WLUK: Judge denies new trial for Vance Reed, convicted in deaths of Oneida couple Harry & Lorraine Brown Bear
October 2, 2019
USA TODAY / Green Bay Press-Gazette: State, federal governments side with Oneida tribe in federal court dispute with Hobart
September 12, 2019
WBAY: Federal grand jury indicts 11 in large-scale Green Bay drug operation
USA TODAY / Green Bay Press-Gazette: 11 from major Green Bay drug bust now charged in federal court
WTAQ: Federal charges in drug ring
See also:
- September 12, 2019 U.S. Dept. of Justice Press Release,
‘Eleven Defendants Charged in Federal Court with Drug Trafficking’
- September 10, 2019 Superseding Indictment, U.S. District Court, Eastern District of Wisconsin, Case No. 19-CR-151, United States of America v. Ruben Ortiz Jr., Alejandro Lopez, Francisco Martinez, Hector Gomez-Salas, Oscar Alonso, Gabiel Bonilla, Cedric Cohen, Terry Johnson, Richard Guyette, James Parkinson & Stephanie Ortiz
August 28, 2019
The Press Times: Oneida Nation WI buys 79 acres of Village of Hobart parcels for $9.87 million but will leave them undeveloped
This map shows the project plan for the State Highway 29, County Highway VV interchange project. The red area shows the two parcels David Lewis sold to the Oneida Nation for $9.8 million. The lots are also the planned site for a road to connect Centennial Centre to the interchange. Press Times Graphic
August 21, 2019
USA TODAY / Green Bay Press-Gazette: Oneida Nation WI ends LPGA sponsorship citing financial loss
August 20, 2019
The Press Times: Oneida Nation WI to stop sponsoring LPGA event at Thornberry Creek
WBAY: Oneida Nation WI drops LPGA sponsorship
WLUK: Oneida Nation WI no longer sponsoring LPGA tournament at Thornberry Creek
WGBA: Oneida Nation WI to stop sponsorship of Thornberry Creek LPGA Classic
July 1, 2019
WBAY: Formal charges filed against 8 in drug conspiracy investigation, including Oneida Nation WI member / Oneida Personnel Commission member Nancy Skenandore
June 20, 2019
WTAQ: Court Begins in Large Drug Investigation that started in the summer of 2017
June 18, 2019
USA TODAY / Green Bay Press-Gazette: Drug bust throughout Green Bay area nets more than two dozen suspects
May 23, 2019
WBAY: Oneida Nation WI to appeal Judge Griesbach’s ruling in Big Apple Fest permit dispute
April 12, 2019
The Press Times: Land held in fee no longer part of Oneida Nation WI Reservation, local laws apply
April 11, 2019
WLUK: Oneida Nation WI to appeal decision on lawsuit against Village of Hobart WI
April 5, 2019
USA TODAY / Green Bay Press-Gazette: Oneida Nation WI sovereignty dealt blow in dispute with Village of Hobart WI over Big Apple Fest festival permit
April 2, 2019
The Press Times: Oneida Nation WI Reservation diminished in federal court ruling
USA TODAY / Green Bay Press-Gazette: Former employees of Badger Sheet Metal Works sue Greg DeCaster, Veripure LLC and Badger Sheet Metal Works over loss of their retirement money in investment securities fraud case
March 29, 2019
WLUK: Judge William Griesbach issues split decision in Oneida Nation / Village of Hobart dispute over festival permit
USA TODAY / Green Bay Press-Gazette: Jonathon Tubby shooting: Brown County WI Jail sally port to get video-recording system by August 2019
February 15, 2019
USA TODAY / Green Bay Press-Gazette: Green Bay’s attorneys want Jonathon Tubby death lawsuit against city & police thrown out
February 1, 2019
WBAY: No criminal charges against Green Bay police officer who shot Oneida Nation WI member Jonathon Tubby at Brown County Jail
January 23, 2019
USA TODAY / Green Bay Press-Gazette: Green Box NA owner Ron Van Den Heuvel sentenced to 7.5 years prison & $9.4 million reimbursement in SEC / WEDC fraud case
December 18, 2018
USA TODAY / Green Bay Press-Gazette: Two Green Box NA employees helped defraud Wisconsin Economic Development Corp. / WEDC and are set for sentencing in federal court
Tami Phillips & Philip Reinhart filed false documents claiming employees were trained in Ron Van Den Heuvel’s non-existent recycling operation Green Box NA
December 14, 2018
USA TODAY / Green Bay Press-Gazette: Green Bay Packaging Inc. project cost estimate missed, so Brown County might pay millions more
Six months after overwhelmingly approving $5.3 million in aid to help a local paper mill grow, Brown County supervisors will be asked to increase that contribution by almost $3 million.
That’s because the county’s original estimate of site-work costs for the Green Bay Packaging Inc. expansion fell about $6.5 million short of what it will cost to do the necessary work, lawmakers were told in a closed-door meeting on Dec. 10.
The impact: Supervisors on Wednesday will be asked to authorize $2.95 million in additional funding to do work that includes building a retention pond, and running a large water line about one-half mile to the NEW Water plant on the opposite side of Interstate 43 from the mill. …
Some supervisors indicated they find the request for an increase troubling. …
“The numbers we voted on in June were hard numbers at the time, but once (work started), they weren’t,” Chairman Patrick Moynihan Jr. said Thursday. “But what do we do? If we say no to the increase, we’re going to get sued.” …
Supervisors who chair each of the county board’s seven standing committees discussed the issue during the Dec. 10 closed-door meeting with Executive Troy Streckenbach, Administration Director Chad Weininger and the county attorney, Corporation Counsel David Hemery.
A person who attended the briefing said officials discussed the need to provide more funding, and circulated drawings indicating the increase would hike the project’s cost by at least $5 million, and as much as $8.9 million. …
That person, who spoke on the condition of anonymity because the meeting had been closed to the public, likened the news to a scene from a famous mobster movie.
“It felt like (board members) got ‘Godfathered.’ — You know, ‘We’re going to make you an offer you can’t refuse.’“
…De Pere Supervisor Jim Kneiszel raised concerns [during the initial approval meeting] that members were given little time to consider the proposal.
“This is a $5 million expenditure,” he said at the time. “…I don’t understand why we couldn’t have at least a month” to study the proposal.
The county is not the only contributor to Green Bay Packaging Inc.’s $580-million expansion plan….
The city of Green Bay committed to roughly $23 million in tax breaks. The state contributed $60 million in enterprise-zone tax credits.
November 20, 2018
Lawrence Journal-World: Haskell professor to temporarily take over as university’s president
Indianz.com: DOJ OIG Investigation finds ‘abusive’ environment at Haskell Indian Nations University
Previously on Oneida Eye:
Related:
She informed Baird “My boyfriend hit me last night.” D****** then lifted up her short sleeved shirt and showed Ms. Baird bruised arms. Baird notices that D******’s arms were bruised with four to five finger sized bruises on each upper arm including the biceps and triceps. D****** stated that her boyfriend,…Brandon Stevens, grabbed her by the face, hit her head on the driveway, and pointed to the back left side of her head. She also stated her face was red and sore from where he grabbed her and pointed to the left side of her face on her cheekbone. Baird observed small quarter size reddend areas along with a possible bruise orginating from the corner of her eye and extending under her left eye. Baird asked if he had struck her anyplace else and D****** stated he hit her one or two times in the abdomen. It is noted that D****** is approximately eight months pregnant.
1. Battery [968.075 Domestic Abuse Incident] [939.62(1){a} Habitual Criminality {Prison < = 1 Yr}]
2. Disorderly Conduct [968.075 Domestic Abuse Incident] [939.62(1){a} Habitual Criminality {Prison < = 1 Yr}]
[She] said her husband Ernest went out with his friends at about 5:30 p.m. last night and didn’t get home until around 5:50 a.m. this morning. [She] said she woke up to the sound of Ernest hitting the front door and yelling. He was calling her a “bitch” and a “c*nt” as he was hitting and kicking the front door. [She] said she walked to the front door and told Ernest to calm down and then she would open the door. Ernest then kicked the front door two times and it swung open. [She] stated she stepped toward the kitchen table and Ernest stepped toward her, he grabbed her by the shoulders with both of his hands and pushed into the dining table. [She] said after a few minutes of screaming at her about not letting him in, Ernest walked back towards the front door, about 8 feet, and picked up a piece of door jam that was about 10 inches long both ends. Ernest then walked back towards her while she was sitting down on a chair in the dining room. Ernest was ranting and raving about her being a “bitch” and said it was over.
[She] said Ernest wasn’t specific about “what was over” but he kept waving the piece of sharp wood about 4-6 inches away from her face. …
- Brown County Case No. 2012-CM-1711 details, State of Wisconsin vs. Ernest L Stevens III
Ernie Stevens III had this to say about Oneida Eye in August 2013 while he was still in the Deferred Prosecution agreement for that Domestic Violence incident involving the use of a dangerous weapon:
Note that Ernie Stevens III is holding some kind of gun in his Facebook avatar alongside his implied threats of vengeance & violence against the admins and authors of OneidaEye.com while saying that any enrolled members of the Oneida Nation in Wisconsin who are involved with keeping General Tribal Council informed via this website should be disenrolled and banned from the ONWI Reservation for life, “for their own good”.
On August 30, 2017 the Oneida Business Committee approved the following:
November 16, 2018
Wisconisn State Journal: Wisconsin Governor-elect Tony Evers confirms that he will propose to dissolve outgoing Scott Walker’s job-creation agency Wisconsin Economic Development Corp. / WEDC
October 30, 2018
USA TODAY / Green Bay Press-Gazette: Vigil planned for Jonathon Tubby by Black Lives United-Green Bay and Native Lives Matter aims to remember, demand accountability for police shooting
October 23, 2018
USA TODAY / Milwaukee Journal Sentinel: Phil Reinhart agrees to plead guilty for conspiracy to help Ron Van Den Heuvel with Green Box NA fraud
October 18, 2018
Wisconsin State Journal: Fourth former Scott Walker secretary comes forward to criticize
USA TODAY / Green Bay Press-Gazette: Fmr. Green Bay Mayor Paul Jadin is fourth former Cabinet secretary to slam Gov. Scott Walker
October 16, 2018
WBAY: Ron Van Den Heuvel faces maximum 20 year sentence in $9 million scheme
October 12, 2018
U.S. Dept. of Justice Press Release: Wayde McKelvy – Founder of Bogus Green Energy Firm Mantria Corp. – Convicted of Running a $54 Million Ponzi Scheme
WLUK: Green Bay businessman Ronald Van Den Heuvel convicted in second fraud case
October 11, 2018
USA TODAY / Green Bay Press-Gazette: Ron Van Den Heuvel from jail: ‘Government is right’ on Green Box fraud scheme
October 10, 2018
Wisconsin Law Journal: Businessman charged with defrauding state to plead guilty
October 9, 2018
USA TODAY / Green Bay Press-Gazette: Ron Van Den Heuvel reaches plea agreement in Green Box investor fraud case
Wisconsin State Journal: De Pere businessman to plead guilty in scheme that included $1.2 million from WEDC
WLUK: Businessman agrees to plead guilty in fraud case
WTAQ: Businessman Enters into Plea Deal
October 8, 2018
Indianz.com: Indian Country outraged by decision in Indian Child Welfare Act case
October 5, 2018
Indianz.com: Judge strikes down Indian Child Welfare Act in contested ruling
September 12, 2018
USA TODAY / Green Bay Press-Gazette: 300,000 gallon liquid manure spill on Oneida Nation WI reservation causes WI DNR to declare Duck Creek ’unsafe’ as public warned to keep away
August 7, 2018
USA TODAY / Green Bay Press-Gazette: Ron Van Den Heuvel wants to dismiss court-appointed attorney Robert LeBell, federal prosecutors claim it’s a stall tactic
August 6, 2018
USA TODAY / Green Bay Press-Gazette: WEDC CEO Mark Hogan talks jobs, Foxconn, Ron Van Den Heuvel
July 12, 2018:
WTAQ: State Agency WEDC Writes Off Big Buck Losses to Green Box NA Green Bay LLC
July 11, 2018
Wisconsin State Journal: WEDC writes off $1.1 million loan to convicted De Pere businessman Ron Van Den Heuvel
USA TODAY / Milwaukee Journal Sentinel: Wisconsin jobs agency WEDC writes off $1.1 million loan owed by De Pere businessman Ron Van Den Heuvel jailed for defrauding investors
See also:
• July 11, 2018 WI State Senator Dave Hansen Press Release,
WEDC’s Continued Failure, Green Box Edition
• July 11, 2018 WI State Senator Jennifer Shilling Press Release,
Can’t pay back $1 million loan? WEDC says ‘No worries’; Walker’s troubled job agency leaves taxpayers with the bill, again
• July 11, 2018 Democratic Party of Wisconsin Press Release,
Walker’s WEDC foots taxpayers with $1 million loan given to conman in exchange for zero jobs; WEDC’s mismanagement casts more doubt on Foxconn deal
July 9, 2018
WBAY: “Fraud has continued”: WEDC funding recipient Ron Van Den Heuvel’s release revoked in fraud case
July 6, 2018
USA TODAY / Green Bay Press-Gazette [original]: Green Box NA owner Ron Van Den Heuvel jailed for witness intimidation, unauthorized spending
[updated]: Judge Griesbach says fraud continued while on bail
June 28, 2018
WBAY: Foxconn buying WaterMark building for Green Bay innovation center
June 20, 2018
Plastics Recycling Update: Plastics-to-oil fraudster & Envion executive Michael Han guilty of tax evasion
A former plastics-to-oil CEO has been convicted of tax evasion for failing to pay taxes on $14 million he obtained by defrauding investors, according to prosecutors.
A federal jury found Michael Sang Han guilty of two counts of tax evasion in U.S. District Court for the District of Columbia last month. Han served as president and CEO of Envion, a plastics-to-oil (PTO) company launched in 2004.
“Han convinced two individuals to invest nearly $40 million in his company, then used more than $14 million of that money to fund a lavish personal lifestyle,” according to a release from the U.S. Department of Justice.
Envion, which was active in Washington, D.C., Virginia and Florida over the years, claimed to have a patent for a machine dubbed the “EZ Oil Generator,” capable of converting plastics to oil. The company was profiled by several media outlets when Envion unveiled its pilot equipment in 2009. …
In subsequent years, investors grew dubious of the company’s claims, according to a grand jury indictment originally filed in 2015 and updated in 2017. The investors had put money into the company based on its claims that it owned the PTO patent and technology, according to the indictment. But they later learned Envion did not have such a patent, and it did not have the capacity to produce its technology during the period they were investing.
Envion is no longer operating (an unrelated company now operates using that name).
Prosecutors said Han used the money from investors to purchase a house in Palm Beach, Fla. complete “extravagant renovations and internal decorations,” take flights on private jets and acquire luxury cars. …
High-profile investor
One of the investors was former U.S. Secretary of Defense Frank Carlucci, who served in the Reagan Administration. Carlucci began investing in Envion in 2004, and over the years invested $32 million into the company, according to a lawsuit he later filed against Han and the company.According to the suit, Han told Carlucci that high-profile investors including former presidents Bill Clinton and George W. Bush, Warren Buffett and Bill Gates were interested in the company. …
Carlucci was awarded $37 million in a 2013 judgment. Some of Han’s assets were sold in response to the judgment, including the home in Palm Beach that sold for $5.35 million. Carlucci died earlier this month at 87.
June 14, 2018
WLUK: Fast-track votes begin for Green Bay Packaging Inc. incentives
USA TODAY / Green Bay Press-Gazette: Brown County supervisors recommend OK on $5.3M in aid to $580M Green Bay Packaging Inc. expansion
June 12, 2018
Milwaukee Business Journal: Green Bay Packaging Inc. to invest $500M for new recycled paper mill, expansion
WBAY: Green Bay Packaging Inc. to build new $500 million facility
USA TODAY / Green Bay Press-Gazette: Green Bay Packaging Inc. to expand local operation, add up to 200 jobs, invest over $580M
WFRV: Green Bay Packaging Inc. announces it will build $500 Million facility
April 17, 2018
USA TODAY / Green Bay Press-Gazette: Judge William Griesbach: Green Box owner Ron Van Den Heuvel must disclose fraud conviction to potential investors
April 13, 2018
USA TODAY / Green Bay Press-Gazette: Feds concerned Ron Van Den Heuvel could continue to defraud investors even after conviction
March 16, 2018
WLUK: Fired Menominee Tribal Police Officer Basil O’Kimosh Jr. convicted in sexting case with teenage girl
WLUK: Menominee Tribe sues opioid manufacturers
February 26, 2018:
USA TODAY / Milwaukee Journal Sentinel:
Matthew Krueger is the new U.S. Attorney in the Eastern District of Wisconsin after nomination by President Trump, action by Senate
February 21, 2018
WLUK: Former Horicon Bank loan officer Paul Piikkila sentenced in bank fraud case
The former bank loan officer who helped arrange illegal loans to Ron Van Den Heuvel was sentenced to three years on probation.
Paul Piikkila, who worked for Horicon Bank, was convicted of conspiracy to defraud for approving a series of loans worth more than $1 million to straw borrowers after the bank told him not to lend more money to Van Den Heuvel.
At Tuesday’s sentencing in federal court, he was also ordered to help pay the $316,445.47 in restitution that Van Den Heuvel has been ordered to pay.
February 12, 2018
USA TODAY / Green Bay Press-Gazette: Green Bay to pay Oneida Seven Generations Corp. $2.5 million to settle lawsuit over waste-to-energy plant
WLUK: Green Bay could pay Oneida Seven Generations Corp. $2.5M to settle suit on waste-to-energy plant
January 10, 2018
Beaver Dam Daily Citizen: De Pere man Ron Van Den Heuvel sentenced to prison for defrauding Horicon Bank
January 8, 2018
WBAY: De Pere Businessman Ron Van Den Heuvel sentenced to federal prison for bank fraud
January 6, 2015
January 5, 2018
Green Bay Press-Gazette/USA TODAY:
Ron Van Den Heuvel sentenced to 3 years in federal prison on bank fraud charges
The judge chastised Van Den Heuvel for trying to delay the 2-year-old case at the last minute.
“Intent to defraud was part of your plea (to the charge),” Griesbach said. “I cannot accept that you lied under oath simply to advance the proceedings. It’s gamesmanship. It will not be tolerated.” …
After rejecting Van Den Heuvel’s attempt to withdraw his plea, Griesbach said a prison term was warranted based on Van Den Heuvel’s continued insistence that he’d done nothing wrong.
He said Van Den Heuvel’s family support, business acumen, his claims of trying to benefit those who borrowed money on his behalf, and his support of local nonprofits made his decision to conspire to defraud banks all the more disturbing.
“Mr. Van Den Heuvel presents himself as a selfless entrepreneur and philanthropist even today,” Griesbach said. “It is a lie. He can’t admit (his role) to himself, his family or this court. He has delayed the proceedings with motions that are frivolous. It tells us he’s still not gotten the message that what he believes is a lie.”
FOX 11 WLUK:
Ron Van Den Heuvel sentenced for bank fraud scheme
After multiple legal maneuvers failed to delay Friday’s hearing, Ron Van Den Heuvel was sentenced to three years in federal prison and three years supervised release in a bank fraud scheme.
The owner of De Pere-based Green Box was also ordered to pay $316,445.79 in restitution. …
Judge William Griesbach noted there wasn’t one lapse of judgement; there were seven loans which used straw borrowers to funnel him money. He called Van Den Heuvel’s actions “flagrant fraud” which required punishment. …
Judge Greisbach noted Van Den Heuvel did not own up to his actions, saying there was “little hope of rehabilitation“ when he isn’t honest with himself about what he did. …
He also faces prosecution in a second case, which is still pending. A scheduling conference will be held March 16 [2018]. In that case, prosecutors allege Van Den Heuvel raised more than $9 million from investors, including the Wisconsin Economic Development Corp., for his company, Green Box, but used some of the money on personal items, including a car and Packers tickets. If convicted of all 14 counts, he faces up 240 years in prison and more than $2.5 million in fines.
January 4, 2018
WLUK: Judge rules Ron Van Den Heuvel’s sentencing will proceed, but defense attorney Robert LeBell wants off the case
A De Pere businessman will be sentenced as scheduled Friday in a bank fraud case, a judge ruled Thursday – but the defense attorney subsequently asked to withdraw from the case.
Ron Van Den Heuvel has filed three motions to delay the sentencing and one motion to withdraw his guilty plea on a count of conspiracy to commit bank fraud. Federal Judge William Griesbach previously denied two motions to postpone the hearing, and today denied the two most recent motions, according to court records.
After Judge Griesbach entered the order, defense attorney Robert LeBell filed a motion asking to withdraw from the case.
“AS GROUNDS THEREFORE it is maintained that a breakdown in communications has occurred to the extent that further competent representation cannot be provided,” LeBell wrote.
January 3, 2018
WLUK: Prosecutors oppose Ron Van Den Heuvel’s request to withdraw guilty plea
After two motions to delay the sentencing were denied, Van Den Heuvel filed a motion Tuesday, asking to withdraw his plea.
But in a 14-page response filed Wednesday, federal prosecutors call the motion “delay tactics and gamesmanship” and say it should be denied.
Prosecutors point out Judge William Griesbach had a lengthy conversation with Van Den Heuvel about the his plea, it being voluntary, and the evidence being used as the basis for the conviction. Van Den Heuvel agreed on all points, prosecutors note.
January 2, 2018
WLUK: Ron Van Den Heuvel wants to withdraw guilty plea in bank fraud case
After two motions to delay the sentencing were denied by Judge William Griesbach, Van Den Heuvel’s attorney filed a motion Tuesday to withdraw his plea, and requested a hearing. …
At the October plea hearing … Van Den Heuvel was … admonished by Judge Griesbach at one point, who told Van Den Heuvel that if the guilty plea was accepted, he couldn’t later argue he was innocent.
December 28, 2017
WLUK: Ron Van Den Heuvel’s delay motion denied; sentencing set for January 5, 2018
“Both the reason for and the length of the adjournment requested are too indefinite for the motion to be granted. If the defendant is in need of additional time to prepare for sentencing, he should explain to the court how much time he needs and why. A vague reference to “matters that may have an impact on the disposition of this matter” are simply insufficient for the court to determine whether or not an adjournment is warranted,” the judge wrote.
Judge Griesbach did leave the door open, however, for Van Den Heuvel to file a more detailed motion indicating why he needs more time.
December 27, 2017
WLUK: Ron Van Den Heuvel’s attorney formally requests sentencing delay
In the motion filed Wednesday, defense attorney Robert LeBell says “There are matters which are currently being reviewed by the defendant which may have impact on the disposition of this matter. As such, the defendant respectfully requests that the court afford that time to effectuate the review. It is therefore requested that the matter be adjourned for a relatively short period of time after January 5, 2018.”
LeBell’s motion does not delineate or repeat the specific claims Van Den Heuvel made in his letter, however.
December 20, 2017
KXAS / NBC 5: Dallas County Schools Official Asked Vendor Rudy Trebels / Wedgewood Investment Group LLC to Give Thousands to Charity Run by DCS Superintendent Rick Sorrell
• Wedgewood Investment Group LLC Founder Rudy Trebels
• Wedgewood Investment Group LLC Team
December 19, 2017
USA TODAY / Green Bay Press-Gazette: City of Green Bay opposes new attempts by Oneida Nation of WI to transfer more land into tax-exempt federal trust
December 13, 2017
WLUK: No delay for Ron Van Den Heuvel’s sentencing
December 12, 2017
WLUK: Ron Van Den Heuvel claims ‘witch hunt,’ asks for delay in sentencing
November 18, 2017
USA TODAY / Green Bay Press-Gazette: Letter to the Editor – Law takes away local control
GREEN BAY – Changes in state law are coming that will take away the ability of cities, villages, towns and counties to have a say in what projects happen in their local communities and backyards.
Senate Bill 378 and Assembly Bill 479, the Homeowner’s Bill of Rights, passed the Legislature in its final days of the session. The bill removes the deliberative process in the issuance of conditional use permits, or CUPs. Under then proposed change, public testimony could no longer be used to deny an applicant. If the applicant meets, or agrees to meet, the criteria of the CUP, the municipality would be required to issue it.
Public input was crucial in proposed projects like the failed Walmart Supercenter in downtown Green Bay or the revocation of the CUP for Oneida Seven Generations Corp.’s planned trash incinerator.
CUPs are designed to be flexible tools for municipalities. Citizens can weigh in and their ideas and concerns can lead to specific conditions for approval within a zoning district. Denials can open municipalities to litigation. However, a local municipality should be able to decide on issuing a CUP, as long as it does not arbitrarily deny a permit or place unreasonable conditions on upon it.
The erosion of local control is not new to state lawmakers. They have already passed nearly 140 new laws that in some way erode the decision-making power of elected or appointed bodies. This needs to end. People power must be restored. I want to be able to say ‘not in my neighborhood.’
– Terry Lee
November 8, 2017
USA TODAY / Green Bay Press-Gazette: Menominee Tribe of Indians of WI plans to sue EPA, Army Corps over Back 40 mine
KESHENA, WI – The Menominee Indian Tribe [of Wisconsin / MITW] intends to sue the U.S. government for giving up its authority over a proposal to build an open-pit sulfide mine in the Upper Peninsula.
The tribe, represented by a national activist law firm, has issued a 60-day notice of intent to sue the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers over the proposed Back 40 mine on the Menominee River. The river flows into Green Bay and serves as the border between Wisconsin and the Upper Peninsula of Michigan.
The 60-day notice is a required step under the Clean Water Act, according to Janette Brimmer, a lawyer for Earthjustice, the same nonprofit firm that represented the Standing Rock Sioux in their actions against the Dakota Access Pipeline.
If the EPA and Army Corps of Engineers take back authority from the Michigan Department of Environmental Quality, the Menominees would drop the legal action, Brimmer said.
Michigan and New Jersey are the only states that have sought and received permission from the EPA to administer the Clean Water Act. In other states, the Corps of Engineers oversees discharge permits and rules governing dredging or filling wetlands.
Under the Clean Water Act, the EPA may delegate that authority to the states, but it isn’t a blanket rule, Brimmer said. Interstate waters, or even on waters that potentially could support interstate commerce, must remain under federal jurisdiction, she said.
But Michigan’s Department of Environmental Quality has already granted three permits to Aquila Resources, which needs just one more permit to dig an open-pit mine for gold, zinc, copper and silver in the Lake Township in the Upper Peninsula.
The Canadian-based company already has invested more than $70 million in site acquisition, development and research in the project. Michigan has issued it a nonferrous metallic mineral mining permit, an air use permit and pollutant discharge and elimination system permit. It still needs a wetlands permit to proceed. …
[MITW Chair Gary] Besaw said the tribe notified the Corps and the EPA in August that Michigan doesn’t legally have authority in the application process. The Corps sent the tribe a letter in September saying it lacked the authority to re-assume jurisdiction, and after failing to hear from the EPA, the tribe hired Earthjustice. …
The interstate nature of the Menominee River, and its potential as a means of interstate or foreign commerce, means it and its related wetlands can’t be delegated to state authority, according to the notification letter Earthjustice sent to the Corps and EPA.
“The Corps’ own study in 1979 and subsequent recommendation by its counsel finds this to be true, beginning with extensive use of the Menominee River and its tributaries for commerce associated with logging and power generation through present-day use for recreation, tourism and fishing,” the letter states. “The entirety of Menominee River and its adjacent wetlands are not delegable, nor could they have been delegated, to the State of Michigan for Section 404 permitting and therefore the State of Michigan cannot exercise Section 404 jurisdiction for the Back Forty Project permitting.”
November 7, 2017
WiscNews: National environmental firm EarthJustice to represent Wisconsin tribe in mine suit
by Steven Verburg
The Menominee Indian Tribe of Wisconsin [MITW] on Monday formally challenged plans for a huge mine just over the state line in Michigan’s Upper Peninsula in a case the tribal chairman said has national significance. …
A leading national environmental law firm representing the Keshena-based tribe filed a 60-day notice of intent to sue the federal government.
The tribe says it has been deprived of treaty rights that are supposed to protect its cultural and historical sites because the federal government has delegated to the state of Michigan too much authority for permitting mines like the one proposed amid tribal burial mounds along the Menominee River.
“We tell the state of Michigan we want our rights, and the state says ‘We don’t have a treaty with you,’” tribal chairman Gary Besaw said.
Such disputes could become widespread if more states seek the extra authority under the encouragement of Trump administration officials like Environmental Protection Agency administrator Scott Pruitt, Besaw said.
“We know Scott Pruitt with EPA is actually pursuing that mantra of … delegating to states,” Besaw said. “We want Aquila and the potential investors of Aquila to know that we aren’t going down without a fight.”
The tribe has hired the San Francisco-based Earthjustice to represent it. Earthjustice has represented the Standing Rock Sioux against the Dakota Access Pipeline, sued the EPA over the pace of enforcement of pollution laws in poor areas and gone to court to ban the pesticide chlorpyrifos, which is linked to developmental disorders.
“This puts the federal government on notice,” Besaw said. “If we continue to be ignored we will pursue federal litigation.”
Earthjustice filed the 60-day notice with Pruitt, the EPA Regional office in Chicago, acting secretary of the Army Ryan McCarthy and Army Corps of Engineers officers in Detroit and Washington, D.C. The Army Corps is involved in permitting disturbances of wetlands and waterways, while the EPA administers water and air quality. …
Earthjustice attorney Janette Brimmer said the wetlands along Menominee River that runs by the mine site and forms part of the border between the two states should be regulated by the federal government because it is a commercially navigable interstate waterway.
“The Clean Water Act makes it very clear that the authority to dig up and potentially pollute the Menominee River and its wetlands cannot be delegated down to a single state,” Brimmer said in a statement. “The waters and wetlands that will be affected by this huge, potentially very damaging industrial project do not ‘belong’ only to the State of Michigan. They must be protected for everyone, and it’s the EPA and the Corps’ mandatory duty to assume jurisdiction over the permit application.”
WGBA: Federal judge keeps recently fired Menominee Tribal Police officer behind bars
GREEN BAY, Wis. – A federal judge ruled Tuesday that a former Menominee Tribal Police officer must stay behind bars as he faces charges of sending sexually explicit messages to an underage girl.
Basil O’Kimosh is accused of repeatedly contacting a 15-year-old girl and trying to get her to engage in sexual acts.
O’Kimosh was fired from the Menominee Tribal Police force after his arrest.
According to a criminal complaint, O’Kimosh started communicating with the teenager in January 2017.
On November 1, he allegedly sent an inappropriate picture of himself to an undercover officer posing as the girl, court documents said.
O’Kimosh’s lawyers argued Tuesday that he should be released based on his ties to the area and lack of criminal history, but prosecutors argued his actions should prevent him from being released.
The judge agreed with the prosecution, not allowing O’Kimosh’s family to post a cash bond for his release. He’s concerned O’Kimosh could be a danger to the community if let go while the case proceeds, he said in court.
O’Kimosh will be back in court on November 16.
Law360: Tax Court Backs IRS’ Rejection Of Van Den Heuvel family-owned VHC Inc.’s $92M Bad-Debt Deduction
The U.S. Tax Court on Tuesday upheld the IRS’ disallowance of $92 million in bad-debt deductions claimed by a Wisconsin holding company with stakes in paper mill enterprises, finding the debt at issue was not bona fide.
Family-owned VHC Inc. had contended the company owned debt and not equity in a spinoff business operated by a relative, referred to as Ronald H. in the opinion and Ron Van Den Heuvel in VHC’s petition, and that the Internal Revenue Service wrongly disallowed deductions related to the debt, which a series of bad deals had rendered illiquid. However, in sustaining the IRS’ disallowance of related deductions for the 2004 through 2013 tax years, Tax Court Judge Kathleen Kerrigan narrowed in on the debt itself, noting that “there is no bad-debt deduction without bona fide debt.”
In finding that the debt did not hold up under scrutiny, Judge Kerrigan said VHC began issuing debt in the form of promissory notes to Van Den Heuvel’s acquired companies in 1997, notes that purported to reflect advances.
Van Den Heuvel and his companies routinely failed to comply with the terms of the promissory notes and VHC failed to enforce them, Judge Kerrigan said, but VHC continued to advance funds despite an increasing outstanding balance.
“VHC did not intend to create a bona fide debtor-creditor relationship, and the economic circumstances that existed during the time VHC made its advances establish that it did not reasonably expect repayment,” Judge Kerrigan said. “VHC is not entitled to related-party bad-debt deductions for the advances it made to Ronald H. and his related companies during the tax years at issue.”
• November 7, 2017 Opinion, U.S. Tax Court Docket Nos. 4756-15, 21583-15, VHC Inc. and Subsidiaries v. Commission of Internal Revenue Service [IRS]
November 3, 2017
Wisconsin State Journal: WEDC board to review Foxconn contract before vote
WEDC board member Sen. Tim Carpenter, D-Milwaukee, told the State Journal that board members were told the delay was due to a major last-minute problem identified in the contract. He said as oridinally written the contract wouldn’t have allowed the state to recoup taxpayer funds if the company didn’t fulfill its end of the deal – something he characterized to the newspapers as a “nuclear bomb.”
Carpenter said Friday the decision to release the contract came after a “long, drawn-out fight” and that it should have been done in the first place. He said the contract should be released sooner than Monday.
“It won’t give much time to read, review and understand the contract,” Carpenter said. “The Senate is in session all Tuesday and maybe Wednesday morning with a very tough calendar.”
WBAY: Memoninee Tribal Police Officer Basil O’Kimosh Jr. fired; FBI agent details crimes
KESHENA, Wis. (WBAY) – The Menominee Tribal Chairman’s office says a tribal police officer accused of crimes involving a 15-year-old girl has been fired.
The U.S. Attorney’s Office filed formal charges Friday against Basil O’Kimosh Jr. including transferring obscene material to a minor under 16, engaging in sexually explicit conduct with a minor under 18, and attempted enticement of a child.
Tribal Chairman Gary Besaw’s office says the girl’s mother reported the sexually explicit messages to her daughter to the Tribal Police Department on Sunday, Oct. 29. Tribal police contacted the FBI and U.S. Attorney’s Office.
According to an affidavit from FBI Special Agent Sarah Deamron, the girl said O’Kimosh started chatting with her through Facebook Messenger in January, and in April asked her to start using the Snapchat app.
The girl said O’Kimosh kept asking her to meet with him for sex, and one time she did meet him in-person near her house while he was working and she told him she was 15, but he continued contacting her.
Wednesday, Agent Deamron posed as the girl on Snapchat. The agent says O’Kimosh asked her for naked pictures, including her privates, and sent her a naked picture, and continued asking for sex.
O’Kimosh was on duty at the time.
The agent, posing as the girl, agreed to meet O’Kimosh and he suggested a meeting place. The officer went there but then drove away, saying he was summoned but would be back.
O’Kimosh was arrested on Thursday and fired the same day, the chairman’s office says.
The criminal complaint says when he was arrested O’Kimosh admitted to sending his naked photo to the girl on Snapchat, and that he planned to meet the girl, but denied that it was for sex.
The chairman’s office says O’Kimosh passed background checks and psychological examinations when he re-joined the police department in July, six months after he began contacting the girl on Facebook Messenger.
O’Kimosh previously worked for the police department from 2010 to 2016. He resigned in April 2016 citing disagreements with a supervisor.
October 30, 2017:
WBAY: Green Bay aldermen accuse Mayor Jim Schmitt of fraud in Hotel Northland project
WLUK: Aldermen accuse Schmitt of wrongdoing
WFRV: Crystal Meth found in child’s candy
Keshena, WI – The Menominee Tribal Police department is asking the community to check their children’s Halloween candy thoroughly after a substance found in a child’s candy has tested positive for meth.
According to the police department’s Facebook page, the Menominee police received a complaint of a suspicious package located in a child’s Halloween candy. A small yellow Ziploc type baggy containing a crystalline powder was located, that was later identified as methamphetamine.
The parent reported the child trick-or-treated in the Keshena area on the Menominee Indian Reservation.
WLUK: Crystal meth found in trick-or-treat bag on Menominee Indian Tribe of Wisconsin / MITW reservation
Police say once all Halloween candy is checked, they strongly encourage parents to throw it out.
Tribal leaders have set up collection stations for parents to dispose of their children’s candy. They are also asking parents to drop off the containers in which the candy was collected.
WBAY: Menominee Indian Tribe of Wisconsin / MITW sets up candy disposal sites after meth discovery
River Towns: Viewpoint: WEDC admits they are not following the law
by State Sen. Kathleen Vinehout
During the hearing of the [October 24, 2017 Joint Legislative Audit Committee – VIDEO], I found it difficult to determine if WEDC was incompetent or deliberately skirting the law.
I was most disturbed when [WEDC] Secretary [Mark] Hogan flat-out said “no” to my request to release documents to [Legislative Audit Bureau] so auditors could complete their work. The document I wanted released was a study by an independent attorney the state paid $8,600 to answer the question: “Is WEDC complying with statutes?” (are they following the law?)
This question was central to the findings of the audit. If agency leaders didn’t think there was a law they needed to follow, I had no hope they would follow the audit recommendations and adopt verification policies and procedures.
I left the hearing with many unanswered questions. Does Secretary Hogan understand he must follow the law? What is Secretary Hogan hiding in the document he refused to release to auditors? How can lawmakers stop WEDC from rewriting contracts if companies don’t deliver? How can we get an accurate count for how many jobs were created with the millions of taxpayer dollars?
But the most pressing question was; how can we possibly trust WEDC to oversee a $3 billion contract with Foxconn?
October 27, 2017:
Wisconsin Gazette: WEDC’s history raises concerns about state’s ability to oversee Foxconn deal; Lawmakers, who recently voted in favor of the Foxconn deal, did so without seeing any contract. They put faith in a state operation known as Wisconsin Economic Development Corp. (WEDC).
by State Sen. Kathleen Vinehout
Despite being paid for entirely with public funds, the $3 billion contract with Foxconn is not public. Nor do lawmakers who approved the plan know what problems exist in the draft contract. As the saying goes, the devil is in the details. Lawmakers and the public cannot see the details and are asked to trust WEDC negotiating the deal and later overseeing the Foxconn’s compliance.
But is WEDC worthy of our trust? …
In the [nonpartisan Legislative Audit Bureau] LAB’s own evaluation of completed economic development projects, auditors’ findings included: companies gave money for job creation without any contract requiring such, companies quitting before the end of their contract period without delivering promised jobs, contracts to create jobs were written with no specific number of jobs to be created, WEDC forgave loans even though the company created or retained a lower number of jobs than required, and WEDC counting twice the number of jobs created by a company.
If Wisconsin taxpayers cannot be confident after seven years and the investment of hundreds of millions of state dollars that promised jobs were created, how can we possibly be confident WEDC can negotiate and oversee a $3 billion contract?
No local government would ever agree to spend money without seeing a contract. No banker would agree to loan funds without a contract. No businessperson would ever commit funds without a contract.
Lawmakers bought a pig in a poke – an unknown deal.
WEDC has not earned lawmakers trust, nor that of the public. Lawmakers can and should do more to oversee this project.
Milwaukee Business Journal: WEDC board must see Foxconn contract
Board members must demand to see the contract and review all the details before approving the deal to pave the way for the Taiwanese manufacturer to build its $10 billion manufacturing campus in Mount Pleasant. This deal is too important for anything less.
The response from WEDC that the process the agency is following for approving the Foxconn award is the same as for all other major awards approved by the agency is also troubling. The board should review contracts on all major incentive deals, no matter if they are for $10 million or $3 billion, as they are talking about using state tax dollars.
Gov. Scott Walker and his appointees to WEDC must do everything they can to assure the state is getting the best deal possible in the Foxconn contract. And the best way to do that is to have an open and transparent process.
Argus Leader: Investigation concludes tribal leaders received payments in failed brokerage deal
Lower Brule Tribal Council members were among those who received payments from a taxpayer guaranteed loan that was used to buy a failing Wall Street brokerage firm.
But the payments to tribal members were not illegal and simply part of doing business in Indian Country.
Those are among the conclusions of a U.S. Department of Interior investigation into the tribe’s purchase of Westrock Group, a brokerage that went bankrupt shortly after the Lower Brule tribe bought it. The six-page Office of Inspector General investigation was completed earlier this year but not publicly released until Argus Leader Media filed a request under the Freedom of Information Act.
The findings contradict previous claims made by tribal officials that they did not receive money from the deal, which hinged on a $22 million loan guarantee from the Bureau of Indian Affairs. The tribe, through its entity known as the Lower Brule Community Development Enterprises, used $20 million of the loan guarantee to acquire Westrock after the Great American Life Insurance Co. bought the guarantee. The influx of cash allowed the tribe to pay off Westrock’s debt. …
The OIG investigation was also critical of the BIA’s process for issuing loan guarantees. The former chief of the bureau’s Division of Capital Investment, Philip Viles, told investigators that the loans were “inherently risky.” Despite that, there was bureaucratic pressure to use as much of the loan budget as possible regardless of risk to taxpayers, and Viles’ performance ratings were tied to issuing loans.
“Each year,” the OIG investigation concluded, “DCI received a budget (capacity) representing the amount of government funds it could obligate for future loan guarantees. Viles said DCI felt tremendous pressure to use all funds to either maintain or increase future budgets.”
October 25, 2017:
Wisconsin State Journal:
Foxconn contract contained ‘nuclear bomb’ that left taxpayers exposed, WEDC board member says; A key vote on the pending Foxconn contract was delayed last week because the state wouldn’t have been able to recoup taxpayer funds if the Taiwanese company didn’t fulfill its end of the deal, according to a member of the board overseeing the negotiation.
“We could have given [Foxconn] all this money and we wouldn’t have been able to get it back,” [WEDC board member Sen. Tim Carpenter, D-Milwaukee] said.
The state is planning to give the company $3 billion in refundable tax credits[.] …
Carpenter said the problem was “more than a technical issue.” …
Democrats on the Legislature’s Joint Audit Committee urged [WEDC CEO Mark] Hogan to release the contract details publicly before the board votes on it. Carpenter has asked that the WEDC board be allowed to review the contract before voting, but as is common practice, the board will only vote on a staff review and summary of the deal.
[WEDC CEO Mark] Hogan declined to change the process[.] …
The audit committee had been scheduled to meet Tuesday to discuss the latest state audit of WEDC, made public in May. The nonpartisan Legislative Audit Bureau reviewed 133 awards and found for a third consecutive biennial audit that the agency did not annually verify job-related information as required by law. …
The audit found the agency couldn’t be certain about the number of jobs created or retained as a result of those awards. It also found the agency can’t be certain about the accuracy of jobs information in its online database because it didn’t verify the information submitted by tax credit recipients, and didn’t contractually require grant and loan recipients to submit detailed information on job retention and creation.
The audit also found the amount of uncollectable loans was $11 million in December 2016, up from $1.3 million two years earlier. [WEDC CEO Mark] Hogan said $2.3 million were loans forgiven because companies had fulfilled job-creation requirements, but Rep. Terese Berceau, D-Madison, pointed out that the audit found the agency can’t prove those requirements were met.
Wisconsin State Journal:
EDITORIAL BOARD: Don’t Hide the Foxconn Contract
We’re skeptical of the deal and urged more taxpayer protection. The least WEDC can do is respect the public’s right to know how its money is being spent by releasing the contract before it’s finalized. Allowing public scrutiny is the best way to ensure dollars aren’t wasted.
October 23, 2017:
WLUK: Judge rules in Oneida Nation of WI’s favor as lawsuit over Hobart permit request continues
See:
- October 23, 2017 Decision & Order on Burden of Proof, Judge William Griesbach, U.S. District Court, Eastern District of Wisconsin, Green Bay Division, Case No. 16-CV-1217, Oneida Nation of Wisconsin / ONWI v. Village of Hobart, Wisconsin
Courthouse News Service: Judge Advances Wisconsin Tribe’s Challenge to Event Permits
A federal judge in Wisconsin ruled Monday that a village must prove it has jurisdiction over the Oneida Nation [of Wisconsin / ONWI] to enforce a permit requirement for an annual festival on the tribe’s reservation.
[ONWI] filed a federal lawsuit last year against the [Village of Hobart], Wis., seeking to enjoin it from enforcing an ordinance that would require the tribe to obtain a special-events permit for events involving 50 or more people. The ordinance includes a penalty of up to $10,000 per violation. …
On Monday, U.S. District Judge William Griesbach granted Oneida Nation [of WI]’s motion to clarify the parties’ burdens of proof ahead of their expert disclosures.
The judge found that the tribe only needs to prove the creation of its reservation through the 1838 treaty and the applicability of Indian Reorganization Act to the tribe and its reservation, “except for the Nation’s actual title to the trust parcels at issue.”
Griesbach found that Hobart, on the other hand, must prove “that the Oneida Reservation has been diminished or disestablished by an act of Congress,” or that the village has jurisdiction over the tribe and reservation for some other reason.
“The entire village [of Hobart] is considered Indian country under federal law, unless the village is able to establish that Congress diminished the original Oneida reservation’s boundaries,” the judge wrote.
He added, “The village seeks to regulate the conduct of the Nation and its members within the boundaries of the Nation’s reservation…Absent Congressional authorization, a state may only regulate the property or conduct of a tribe or tribal-member in Indian country in ‘exceptional circumstances.’”
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(October 22, 2017 – November 2, 1997)
