Docs 2

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(July 12, 2017 – Present)



DOCUMENTS PAGE 2
     (1995 – July 12, 2017)

In reverse chronological order:

The defense memorandum in support of the motion to sever counts raises generic concerns over possible jury confusion, evidentiary overlap, and evidence admissible on some counts but not others. None of the defense arguments go beyond mere allegations to actually establish any reason to conclude that prejudice will necessarily result from one trial of all the counts in this indictment.

Without any analysis of the evidence, defendant Van Den Heuvel’s memorandum simply states that evidence of one of the two schemes alleged would not be admissible to prove the other scheme in separate trials. That may not necessarily be correct. On the face of the indictment, both schemes involve violations of the same statutes, allegations that Mr. Van Den Heuvel used others as straw borrowers to obtain loans for Mr. Van Den Heuvel and his business entities, and allegations that collateral controlled by Mr. Van Den Heuvel was used as security for the loans. With these points in mind, the United States does not concede that evidence of the one scheme could not be used to prove motive, intent, plan, absence of mistake, or lack of accident with regard to the other scheme…

The defense also asserts that the jury might be confused between schemes and convict the defendant in one scheme based on evidence of the other. That is theoretically possible but unlikely here because the charges are relatively simple (lying to get money) and they involve separate loans from separate financial institutions. When the evidence of separate counts is relatively short and simple and there is no reason established for concluding that the jury could not keep the evidence relevant to each count separate, there is no basis to sever counts under Rule 14(a).



  • July 11, 2017 Notice of Rule 33 Mediation scheduled for July 27, 2017, U.S. 7th Circuit Court of Appeals, Docket No. 17-2341Oneida Seven Generations Corp. / OSGC & subsidiary Green Bay Renewable Energy, LLC / GBRE  v.  City of Green Bay






  • June 28, 2017 Court Documents for the U.S. 7th Circuit Court of Appeals, Docket No. 17-2341Oneida Seven Generations Corp. / OSGC & subsidiary Green Bay Renewable Energy, LLC / GBRE  v.  City of Green Bay



  • June 27, 2017 Plaintiffs’ Motion to Enlarge Time to serve the Summons and Amended Complaint Upon Defendant, Sharad Tak, U.S. District Court, Eastern District of Wisconsin, Case No. 14-CV-1203, Tissue Technology LLC, Partners Concepts Development Inc., Oconto Falls Tissue Inc., and Tissue Products Technology Corp.  v.  TAK Investments LLC, and Sharad Tak

  • June 27, 2017 Plaintiffs’ Brief in Support of Motion to Enlarge Time to serve the Summons and Amended Complaint Upon Defendant, Sharad Tak, U.S. District Court, Eastern District of Wisconsin, Case No. 14-CV-1203, Tissue Technology LLC, Partners Concepts Development Inc., Oconto Falls Tissue Inc., and Tissue Products Technology Corp.  v.  TAK Investments LLC, and Sharad Tak

7.  Debtor’s Motion offers no specific terms for the ‘contract’ which ‘has been entered into’ for ‘reacquisition’ …

8.  The Debtor is currently delinquent filing one or more of its monthly operating reports…

9.  Upon information and belief, the Debtor further misrepresented, whether intentionally or unintentionally, the nature and extent of all interested secured parties in the various personal property formerly or currently located at 821 Parkview Road…and WEDC has been substantially prejudiced as a result.

10.  Debtor has not offered any proof of the alleged reports, studies, appraisals, accountings, returns, engagements, or contracts referenced in Paragraph 8 of its Motion.

11.  Upon information and belief, the sums raised by the Debtor since the Order have not been paid by any third party interested in investment, but rather solely represent the continued cash contribution by the Debtor’s principal, Glen Arbor…


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





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.







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]













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.





  • April 12, 2017 Telephone Scheduling Conference, U.S. District Court, Eastern District of Wisconsin, Case No. 14-CV-1203, Tissue Technology LLC, Partners Concepts Development Inc., Oconto Falls Tissue Inc., and Tissue Products Technology Corp.  v.  TAK Investments LLC, and Sharad Tak


  • April 11, 2017 Summons in a Civil Action to Sharad Tak, U.S. District Court, Eastern District of Wisconsin, Case No. 14-CV-1203, Tissue Technology LLC, Partners Concepts Development Inc., Oconto Falls Tissue Inc., and Tissue Products Technology Corp.  v.  TAK Investments LLC, and Sharad Tak

  • April 3, 2017 Decision and Order, U.S. District Court, Eastern District of Wisconsin, Case No. 14-CV-1203, Tissue Technology LLC, Partners Concepts Development Inc., Oconto Falls Tissue Inc., and Tissue Products Technology Corp.  v.  TAK Investments LLC
  • April 3, 2017 Amended Complaint, U.S. District Court, Eastern District of Wisconsin, Case No. 14-CV-1203, Tissue Technology LLC, Partners Concepts Development Inc., Oconto Falls Tissue Inc., and Tissue Products Technology Corp.  v.  TAK Investments LLC, and Sharad Tak














 

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.


  • February 17, 2017 Plaintiffs’ Reply Brief to Defendant’s Memorandum in Opposition to Plaintiffs’ Motion for Leave to Amend Pleadings, U.S. District Court, Eastern District of Wisconsin, Case No. 14-CV-1203, Tissue Technology LLC, Partners Concepts Development Inc, Oconto Falls Tissue Inc., and Tissue Products Technology Corp.  v.  TAK Investments 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

  • January 17, 2017 Stipulation and [Proposed] Order to extend the time Tak Investments has to file a memorandum of law in opposition to Plaintiffs’ Motion to Permit Amendment of Complaint, U.S. District Court, Eastern District of Wisconsin, Case No. 14-CV-1203, Tissue Technology LLC, Partners Concepts Development Inc, Oconto Falls Tissue Inc., and Tissue Products Technology Corp.  v.  TAK Investments LLC

…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.



  • January 9, 2017 Letter and Order dated November 3, 2016 re:  Case Remanded to Circuit Court of Cook County, IL, Law Division, Case No. 2016-L-00789, U.S. District Court, Northern District of Illinois Eastern Division Case No. 16-CV-08251,  ChrisKen Group LLC and CK Property Management LLC  v.  HAS Capital LLC, Stephen A. Wheeler, Eric R. Decator LLC; Eric R. Decator; BMO Harris Bank NA; and Konstantino Apostolou 
    Nature of Suit:  Racketeer Influenced & Corrupt Organizations / RICO

  • January 4, 2017 Notification of Plaintiff’s Change of Counsel from Arnstein & Lehr LLP (Sharilee Kempa Smentek) to Michael J. Ganzer and Terschan, Steinle, Hodan & Ganzer, Ltd., U.S. District Court, Eastern District of Wisconsin, Case No. 14-CV-1203,  Tissue Technology LLC, Partners Concepts Development Inc, Oconto Falls Tissue Inc., and Tissue Products Technology Corp.  v.  TAK Investments 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 Telephone Scheduling Conference Minutes, U.S. District Court, Eastern District of Wisconsin, Case No. 14-CV-1203,  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.











  • October 28, 2016 First Amended Complaint, Brown Co. Case No. 16-CV-1137, Daniel J. Platkowski  v.  Ron Van Den Heuvel; Howard Bedford [rep’d by Godfrey & Kahn]; Tissue Technology LLC; Glen Arbor LLC; Quotient Partners [dismissed defendants: GlenArbor Equipment LLC; Reclamation Technology Systems LLC; Stonehill Converting LLC; Horicon Bank]














•  October 17, 2016 Memorandum in Support of Defendants BMO Harris Bank, N.A.’s and Konstantino Apostolou’s Motion To Dismiss, U.S. District Court, Northern District of Illinois Eastern Division Case No. 16-CV-08251,  ChrisKen Group LLC and CK Property Management LLC  v.  HAS Capital LLC, Stephen A. Wheeler, Eric R. Decator LLC; Eric R. Decator; BMO Harris Bank NA; and Konstantino Apostolou –
Nature of Suit:  Racketeer Influenced & Corrupt Organizations / RICO
 

•  October 17, 2016 Memorandum in Support of Defendants HAS Capital LLC, Stephen A. Wheeler, Eric R. Decator LLC, and Eric R. Decator’s Motion To Dismiss Complaint, U.S. District Court, Northern District of Illinois Eastern Division Case No. 16-CV-08251,  ChrisKen Group LLC and CK Property Management LLC  v.  HAS Capital LLC, Stephen A. Wheeler, Eric R. Decator LLC; Eric R. Decator; BMO Harris Bank NA; and Konstantino Apostolou –
Nature of Suit:  Racketeer Influenced & Corrupt Organizations / RICO
 



{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

  • October 3, 2016 Second Arraignment Form, U.S. District Court, Eastern Wisconsin, Docket No. 16-CR-64,  United States of America  v.  Ron Van Den Heuvel, Paul Piikkila, and Kelly Van Den Heuvel















  • September 9, 2016 Complaint, U.S. District Court, Eastern District of Wisconsin, Green Bay Division, Case No. 16-CV-1217,  Oneida Nation of Wisconsin  v.  Village of Hobart, Wisconsin

 













 

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












  • July 1, 2016 Paul Piikkila Plea Agreement, U.S. District Court, Eastern District of Wisconsin Criminal Case No. 16-CR-64,  United States of America  v.  Paul J. Piikkila  (21 pages re: Conspiracy/Fraud Schemes against Horicon Bank with Ron & Kelly Van Den Heuvel)


  • June 27, 2016 Court Minutes, U.S. District Court, Eastern District of Wisconsin Criminal Case No. 16-CR-64,  United States of America  v.  Ronald H. Van Den Heuvel, Paul J. Piikkila, and Kelly Yessman Van Den Heuvel

 

  • June 16, 2016 Motion to Withdraw as Counsel, U.S. District Court, Eastern District of Wisconsin Criminal Case No. 16-CR-64,  United States of America  v.  Ronald H. Van Den Heuvel, Paul J. Piikkila, and Kelly Yessman Van Den Heuvel





  • May 27, 2016 Court Minutes for Motion Hearing re: Motions by Ability Insurance Company (joined by Little Rapids Corporation),  U.S. Bankruptcy Court, Wisconsin Eastern District Docket No. 16-24179-beh, Chapter 11, Green Box NA Green Bay, LLC












  • April 3, 2016 Notice of Removal by Defendants Conly Hansen and Carl Hansen, U.S. District Court, Southern District of Texas Houston Division, Case No. 16-CV-894,  Organic Energy Corporation and George Gitschel  v.  Larry Buckle, International Energy Services, Inc., John Condon, Mark Stanton Crawford, Darrin Stanton, Bernard Gory, MSW Solutions LLC, Gregory Harris, Kurt Gardner, Conly Hansen, Carl Hansen, Michael Lark, Jack Hodge, Anthony W. Darwin, and Mark Martin

  • March 29, 2016 Affidavit of Noncompliance, Brown Co. Cases 2015-CV-474 & 2015-CV-769,  Ability Insurance Co., Dr. Marco Araujo, Cliffton Equities Inc. & Wisconsin Economic Development Corporation (WEDC)  v.  Green Box NA Green Bay LLC 











[Ron] Van Den Heuvel was intimidating and Piikkila once saw him punch Howard Bedford. They had a fight because Van Den Heuvel approached [Ken Dardis] and asked him to invest $30,000. Bedford told him not to invest. Van Den Heuvel needed the money immediately…












  • 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 Jr.’s Swakweko LLC and Abdul Latif Mahjoob’s American Combustion Technologies Inc./ACTI were involved

The Oneida Business Committee received a request from [Eric Decator / Louis Stern / Gaylen LaCrosse / Michael Flaherty / Generation Clean Fuels / Arland Clean Fuels / GCF / ACF] to consider settlement. The complaint alleges $400 million in damages; the settlement offer was $9 million. We discussed this settlement in Executive Session on August 26, 2015, and rejected this offer. We believe that the Tribe has not damaged ACF in any way and was not a party to the contract. As a result, the settlement offer is too high to be considered. We do not make a counter-offer as we continue to believe that the Tribe will prevail in this matter. However, if a settlement offer is presented which we think fairly represents the risk and cost of continuing versus concluding this matter, we have committed to bringing that to the General Tribal Council for action.

BUT THAT’S NOT WHAT HAPPENED.







  • August 25, 2015 Court of Appeals Decision, Wisconsin Court of Appeals Case No. 2014-AP-2846-FT,  Dr. Marco Araujo  v.  Ronald H. Van Den Heuvel & Green Box NA Green Bay LLC  [arising from Brown Co. Case No. 2015-CV-474]











See also: March 6, 2015 Criminal Complaint & Affidavit in Support, U.S. District Court, Eastern District of Wisconsin, Case No. 15-MJ-1812,  United States of America  v.  Mao Peng 





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.















See also: May 29, 2015 Information / Background Allegations To All Counts, U.S. District Court, Eastern District of Wisconsin, Case No. 15-CR-113,  United States of America  v.  Mao Peng 





  • 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.















  • September 30, 2014 Complaint, U.S. District Court / Eastern Wisconsin, Green Bay Division Case No. 14-CV-1203,  Tissue Technology LLC, Partners Concepts Development Inc., Oconto Falls Tissue Inc., and Tissue Products Technology Corp.  v.  TAK Investments LLC











  • 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 Separation Agreement’ with former OSGC CEO Kevin Cornelius, and falsely claiming OSGC was not involved in pyrolysis nor gasification on the ONWI Reservation when it was illegally occuring in violation of local zoning laws at their 1201 O’Hare Boulevard commercial building in Hobart, 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 hours 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.










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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


“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.
































  • September 24, 2012 Master Lease Agreement between Arland Clean Fuels / Generation Clean Fuels (for which Terry Gaouette is an Officer) and Naples, FL-based ASC Lease Income LLC and Veterans Capital Corp. (of which Joseph E. Wold Jr. is President) Veterans Capital Corp. was to lease a “poly conversion liquefaction machine” to be located at 437 SOUTH MAIN STREET, CHEBOYGAN, MI 49721 after being manufactured by Spartan, Inc. of Bakersfield, CA, of which the President was ACF / GCF Principal Louis Stern.




  • March 2, 2012 Complaint, Brown Co. Case No. 12-CV-479,  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.


  • November 16, 2011 Contract #SEP FY10-20265, $2 Million State Energy Program Loan Agreement between the Wisconsin Economic Development Corporation / WEDC and Oneida Seven Generations Corp. / OSGC-subsidiary Oneida Energy Inc.






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’


A.  The Wisconsin Action

On June 19, 2008, Flambeau, Johnson Timber Corporation and William Johnson (collectively “Wisconsin Plaintiffs”) filed a complaint against Organic Energy Conversion Company (“OECC”) in Price County Circuit Court in Wisconsin. Dkt. 6-2. Johnson Timber is a Wisconsin corporation, and Mr. Johnson is its principal shareholder and chief executive officer. Mr. Johnson, a resident of Wisconsin, is also the CEO of Flambeau, as well as the sole member of Summit Lake Management, LLC, which is the managing member of Flambeau.

According to the complaint, in February 2008, OECC and Flambeau entered into a non-binding memorandum of understanding (“MOU”), which called for Flambeau to make a payment of $600,000 to OECC that was to be used exclusively by OECC for the development and construction of a specified product. Under the MOU, OECC and Flambeau were to successfully test the product no later than April 1, 2008, and the product was to be delivered to Flambeau’s Park Falls, Wisconsin facility no later than May 1, 2008. Flambeau maintains that it paid the initial $600,000 to OECC for production and development of the product.

When it became apparent that OECC could not deliver the product as promised, Mr. Johnson met with individuals purporting to be authorized representatives of OECC in an attempt to find a business solution to the problem. Those discussions led to the signing of a term sheet, which expressed the parties’ desire to explore a joint-venture type relationship relating to the product. Under the term sheet, all equipment and other items necessary for completion of the product would be delivered to the Park Falls facility, and OECC would dispatch an authorized representative to the facility to “ensure the successful manufacture and assembly” of the product. The Wisconsin Plaintiffs maintain that the term sheet is a non-binding document “merely setting forth the good-faith intentions of the parties for the structure of the joint-venture relationship. The term sheet explicitly calls for subsequent agreements to be reached and entered into between OECC and one or more of the [Wisonsin] Plaintiffs, although it does not identify which specific parties are to be participants in the contemplated joint venture.” Id. at 7. The term sheet also calls for a subsequent operating agreement to be entered into as part of the joint venture relationship. The Wisconsin Plaintiffs maintain that the parties have not negotiated or entered into an operating agreement.

Additionally, the term sheet provided that once the operating agreement has been executed and the joint venture established, Mr. Johnson and/or one of the other Wisconsin Plaintiffs was to pay OECC $1 million in ten equal installments. The Wisconsin Plaintiffs maintain that, although no joint venture had been established, Mr. Johnson, “as a gesture of good faith,” caused the first installment to be made to OECC on May 2, 2008.

On May 28, 2008, Mr. Johnson received information from Butch Sadikay, who identified himself as a 50% owner of OECC, “caution[ing] Mr. Johnson from continuing to do business with OECC without further discussion between them.” Id. at 8. Based on this information, as well as a subsequent phone conversation, the Wisconsin Plaintiffs believed that “it [did] not appear … that the individuals who signed the MOU and the term sheet were authorized to do so on behalf of [OECC].” Id.

Flambeau contends that it demanded an accounting of the $600,000 because OECC never completed the product. Flambeau further maintains that OECC has requested an installment payment pursuant to the term sheet, and that OECC characterized the term sheet as a “binding contract.”

In the Wisconsin action, the plaintiffs seek a declaratory judgment that they owe no contractual obligations requiring payment to OECC. The Wisconsin Plaintiffs also seek an accounting for the $600,000 Flambeau allegedly paid to OECC. OECC asserted several affirmative defenses in its answer, including (1) lack of personal jurisdiction, (2) improper jurisdiction and venue because key discussions and agreements took place in Washington where key witnesses still reside, and (3) improper jurisdiction and venue because Flambeau signed a written agreement promising that disputes arising out of the terms of the parties’ relationship could only be commenced in Pierce County, Washington. Id., 14-15.

B. OECC’s Washington Action

On November 10, 2008, OECC filed a complaint against Flambeau and Fountainhead Engineering, Ltd. (“Fountainhead”), in Pierce County Superior Court in Washington. Dkt. 1, 9-13. On January 8, 2009, Defendants Flambeau and Fountainhead removed the Washington action to this Court. Id., 1-5. OECC alleges two causes of action: (1) breach of contract based on Flambeau’s and Fountainhead’s alleged breach of a mutual non-disclosure agreement (“MNDA”), and (2) conversion based on Flambeau’s and Fountainhead’s alleged conversion of OECC’s intellectual or other property. According to this complaint, OECC developed “valuable and confidential technology and process for non-thermal drying of biosolids and biomass.” Id. at 10. This technology and process was the subject of a confidential patent application filed with the United States Patent and Trademark Office on December 12, 2007. OECC agreed to give access to this patent application to Flambeau and Fountainhead for the purpose of furthering a possible business relationship between the parties to develop, manufacture and sell a non-thermal biomass dryer to the timber industry (referred to by the parties as the “Possible Transaction”). To that end, the parties entered into the MNDA, which is dated December 11, 2007. The MNDA provides in part:

Neither Party will use, or permit any of its Representatives to use, any of the other Party’s Confidential Information for any purpose other than in connection with the evaluation of the Possible Transaction, and neither Party will make any such Confidential Information available to any Person for any other 2 purpose whatsoever.

Dkt. 1 at 16.

The MNDA also includes a provision that requires “any legal proceedings arising out of the terms of [the MDNA]be commenced in the courts located in Pierce County [Washington].” Id. at 21.

OECC alleges that Flambeau and Fountainhead “repudiated the existence of any business relationship with [OECC]” and claimed to have built their own non-thermal biomass dryer with the assistance of Mr. Johnson and Johnson Timber. OECC maintains that Defendants’ biomass dryer wrongfully uses OECC’s confidential information in violation of the MNDA.

…[I]t is hereby ORDERED as follows:

1. Defendants’ motion for summary judgment (Dkt. 24) is DENIED.

2. Defendants’ motion to temporarily suspend proceedings (Dkt. 25) until after trial in Wisconsin and for a status conference immediately thereafter is GRANTED.

DATED this 21st day of December, 2009.

SEE ALSO:

Philip Bridges
Mr. Bridges has 30 years experience in pyrolysis/gasification applications related to the waste management business. Mr. Bridges is a owner/principal of Ambient Energy, LLC, which assists clients in developing waste stream solutions through pyrolysis/gasification technology.

Michael Lindberg
Mr. Lindberg has been in the green industry for 10 years, with the last five at Ambient Energy, LLC. He has an extensive background in business development, financing, risk management, project costing and revenue forecasting.

James N. Jory, Jr.
He has been an attorney in private practice, licensed in Washington State, and his areas of specialization included international business, business transactions, securities law, civil litigation and employment law.





  • 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.




  • May 2, 2006 Third Amended Complaint, U.S. District Court, Eastern District of Wisconsin, Case No. 2005-CV-694,  Kenneth Jossart, Bernie Dahlin, et al. [36 Plaintiff entities]  v.  Wallace J. Hilliard / Wally Hilliard re: Sunrise Airlines Inc., Florida Air Holdings Inc./FAH, Plane-1 Leasing Co. Inc., & [Rudi] Dekkers Aviation Group Inc.


  • July 17, 2003 Complaint, U.S. District Court, Eastern District of Wisconsin, Case No. 03-CV-669,  Industrial Technology Ventures LP  v.  Partners Concepts Development Inc., Ronald Van Den Heuvel, Daniel Platkowski, Steven Peters, Kathleen Berg, James Kellam, Bernard Dahlin, and Tissue Products Technology Corp.

81.  Upon information and belief, Ron Van Den Heuvel and Steven Peters, as Directors of [Partners Concepts Development Inc. / PCDI], and the Directors of [Tissue Products Technology Corp. / TPTC] are contemplating selling a majority ownership interest [in Custom Paper Products Inc. / CPPI] to the Oneida Nation [of Wisconsin / ONWI]. Such a sale would be unlawful and would result in obvious irreparable harm for which no adequate remedy at law exists.

82.  The Plaintiff [Industrial Technology Ventures LP / ITV] seeks temporary and permanent injunctive relief prohibiting the sale of CPPI to the Oneida Nation [of WI / ONWI] based on the allegations set forth above and the resulting irreparable harm.



  • October 22, 2002 CRIMINAL COMPLAINT re: Habitual Criminality / Battery / Domestic Abuse, Outagamie Co. Case No. 02-CF-872,  Wisconsin  v.  Jason Lonefeather King  /  Jason King


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 release of Dioxin and other Persistent Organic Pollutants in the United States.




  • April 23, 1997 Articles of Incorporation for Aqua 2MG, Inc. filed with WI Dept. of Financial Institutions; Registered Agent – Atty. C. David Stellpflug (Stellpflug, Janssen, Hall & Hammer, S.C.; 325 Reid Street, De Pere, WI 54115); Ron Van Den Heuvel was an owner of Aqua 2MG, Inc., which marketed ‘nozzle’ technologies patented by Gaylen La Crosse, who is part-owner of Generation Clean Fuels, LLC / ACF Leasing / ACF Services


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





  • May 22, 1995 CRIMINAL COMPLAINT re: 1st Degree Sexual Assault of a Child Under 13, Brown Co. Case No. 95-CF-383,  Wisconsin  v.  Jason Lonefeather King  /  Jason King




 

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