8

TIMELINE PART 8

03/05/15 :  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  re: international multimillion dollar luxury cars ‘straw buyer’ & identity theft tax avoidance fraud schemes involving 20 or more Native Americans – including many Oneida Nation of WI members

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

See Oneida Eye’s reporting:

•  Oneidas Believe That Tribe Member & Oneida Casino Parking Valet Oakley Arnold Was A Straw Buyer In The Kenosha-Based Luxury Car Tax Avoidance, Wire Fraud & Native American Identity Theft Scam Run By Mao Peng; Questions Remain About Other Tribe Members’ Knowledge & Involvement; Driver Caught Via Green Bay Gas Station Drive-Off Theft Videos & Oakley Arnold Has An Active Warrant In Brown Co. For Operating While Revoked

03/12/15 : March 12, 2015 Counterclaim in Central District of California Court Case No. 14-CV-1888 CJC-DFM,  Blue Stone Strategy Group, LLC  v.  Nikishna Polequaptewa & [John] Does 1-5d

See Oneida Eye’s reporting:

• Ernie Stevens Jr. – National Indian Gaming Association / NIGA Chair And Tribal Advisor To ‘Consulting Firm’ Blue Stone Strategy Group LLC – Accused Of ‘Racketeering Scheme’ w/ New Mexico State Auditor & Former State Senator Tim Keller By Hopi ‘Whistleblower’ Nikishna Polequaptewa, Whom BSSG Accused Of Theft; [5/26/21 UPDATE: After N.P. Serves 2 Years In Fed Prison & Set For 8/9/21 Release, 9th Circuit Remands To USDC C.CA Vacating Denial Of Motion To Suppress Laptop Evidence & Ordering Lower Court To Consider Whether Warrantless Hotel Room Search Was Unlawful]

03/28/15 : MARCH 28, 2015 ONWI GENERAL TRIBAL COUNCIL SPECIAL MEETING re: Petition to Require a Permanent SEOTS Polling Site for All ONWI Elections

Following a presentation to General Tribal Council by petition organizer LEAH SUE DODGE regarding the OBC’s arbitrary, capricious, and politically-motivated inclusion / exclusion of the Milwaukee-area Southeast Oneida Tribe Services [SEOTS] facility, despite the OBC’s own OBC Resolution 03-13-02-O, which says:

The Oneida Constitution reflects an intent to promote the widest possible participation of Oneida people in their governance, and…the use of [the SEOTS] polling site is likely to increase participation in tribal elections[.]

…and reminding GTC of the ongoing history of skullduggery & r@tckufing by Oneida Election Board Chair Racquel ‘Rocky’ Hill and other OEB members to disenfranchise voters by publishing false election dates & wrong addresses for polling places in ONWI notices & the Kalihwisaks newspaper in order to favor certain candidates…

the General Tribal Council of the Oneida Nation of Wisconsin voted at the March 28, 2015 GTC Meeting to require the OBC & OEB to include the Milwaukee-based Southeastern Oneida Tribal Services (SEOTS) polling site in all future Tribal elections.

The hand-counted vote to include SEOTS in all future OTIW elections was 926 in support, 58 opposed.

Among the 58 disenfranchisement supporters & anti-democratic losers were these Oneida Business Committee members:

  • OBC Member Brandon Stevens
  • OBC Member Ronald ‘Tehassi’ Hill Jr.
  • OBC Member Jenny Webster
  • OBC Member Fawn Billie
  • OBC Secretary Lisa Summers – who was spotted crying after GTC voted to put an end to just one aspect of the OBC’s & OEB’s intentional disenfranchisement of Oneidas, among their other various intentional violations of the Indian Civil Rights Act.

See Oneida Eye’s reporting:

•  April Fooks! Oneida Election Board & Enrollments Department Mass-Mailed Flyer With Wrong SEOTS Polling Site Address Ten Days Before Unlawful OBC Election [UPDATE: Wrong Polling Site Address Also Illegally Published In March 19 & April 2 Tribal Newspapers]

•  Racquel Hill vs. Oneida Business Committee: Ol’ Rockhead Tries To Usurp General Tribal Council, Per Usual; FAIL!

04/06/15 : April 6, 2015 Plaintiffs–Appellants’ Brief in Cook. Co. Case No. 2014-L-2768,  ACF Leasing, ACF Services, and Generation Clean Fuels LLC  v.  Oneida Tribe of Indians of Wisconsin / Oneida Nation of Wisconsin [ONWI], Oneida Seven Generations Corp. [OSGC], and OSGC-subsidiary Green Bay Renewable Energy LLC [GBRE]

C. GBRE is the alter ego of the Tribe/OSGC

GBRE is merely the alter ego of its parent, the Tribe/OSGC. As GBRE is a Delaware limited liability company, Illinois courts would apply Delaware law in determining whether the entity’s separate existence should be disregarded. … Furthermore, the doctrine of piercing the corporate veil applies to Delaware limited liability companies. … Under Delaware law, a court can pierce the corporate veil of an entity where there is fraud or where a subsidiary is in fact a mere instrumentality or alter ego of its owner. …

“[A]n alter ego analysis must start with an examination of factors which reveal how the corporate operates and the particular defendant’s relationship to that operation. These factors include whether the corporation was adequately capitalized for the corporate undertaking; whether the corporation was solvent; whether dividends were paid, corporate records kept, officers and directors functioned properly, and other corporate formalities were observed; whether the dominant shareholder siphoned corporate funds; and whether, in general, the corporation functioned as a facade for the dominant shareholder.” …

The facts in this case demonstrate that GBRE was the alter ego and mere instrumentality of the Tribe/OSGC. First, the Tribe/OSGC controlled the day-to-day operations of GBRE. Testimony has established that while OSGC is ultimately the owner of GBRE; both the Tribe and and OSGC have the power to dissolve GBRE. … Moreover, “OSGC would have to approve anything that its entities did,” and had control over the approval process of any contract of GBRE. … The negotiations of the Agreements in this case establish OSGC’s pervasive control over GBRE in practice when Kevin Cornelius (OSGC CEO/GBRE President) repeatedly represented that he did not do anything without the approval of the OSGC Board. … Second, GBRE and the Tribe/OSGC operated as a single economic entity when OSGC, not GBRE, wired $50,000 to Equity Asset Finance LLC per the terms of GBRE’s commitment letter. … In addition, the Tribe/OSGC guaranteed loans and extension of credit to GBRE for the Project. … 

Lastly, an inference emerges that GBRE is operating as OSGC’s instrumentality where the officers of GBRE and OSGC are wholly identical and where these officers only corresponded with ACF utilizing OSGC email addresses and letterhead and utilized OSGC’s office. … Furthermore, the officers of GBRE/OSGC repeatedly represented, and ACF always understood, that GBRE was merely a vehicle for tax purposes to facilitate the Project. … The facts in this case unequivocally establish that GBRE is the alter ego and merely an instrumentality of OSGC/the Tribe.

04/08/15 : April 8, 2015 Supplemental Examination of Philip J. Reinhart by Atty. Jonathan Smies [Godfrey & Kahn] before James P. O’Neil, Court Commissioner, w/ Atty. John Petitjean [Hinkfuss, Sickel, Petitjean & Weiting] serving as counsel for Mr. Reinhart (68 pages, missing pg. 5-8) and related Exhibits

04/09/15 : April 9, 2015 Plaintiff’s-Respondent’s Brief, Brown Co. Case No. 13-CV-463, Marco Araujo, M.D.  v.  Ronald Van Den Heuvel & Green Box NA Green Bay LLC

04/19/15 : An Open Letter To The BIA & Oneida Judiciary Appeals Court Chief Justice Gerald ‘Jerry’ Hill About The Delayed & Flawed Inaugural Oneida Judiciary Special Election And The Illegal April 11, 2015, Oneida Business Committee Special Election

04/23/15 : April 23, 2015 Nikishna Polequaptewa First Amended Counterclaims against Blue Stone Strategy Group LLC, Eldad Yacobi, and John Mooers [FILED 4/22/15], U.S. District Court, Central District of California, Case No. 14-CV-1888 CJC-DFM,  Blue Stone Strategy Group, LLC  v.  Nikishna Polequaptewa & Does 1-5d

05/08/15 : May 8, 2015, 10:00 a.m. to 12:59 p.m Supplemental Examination of Ronald H. Van Den Heuvel Before James O’Neil, Court Commissioner, Brown Co. Case No. 13-CV-463, Dr. Marco Araujo  v.  Ronald H. Van Den Heuvel & Green Box NA Green Bay LLC

05/11/15 : May 11, 2015 Brief of Defendants-Appellants Oneida Seven Generations Corporation and the Oneida Tribe of Indians of Wisconsin/Oneida Nation of Wisconsin in Appellate Court of IL, First District Case No. 14-3443, ACF Leasing, ACF Services & Generation Clean Fuels LLC  v.  Green Bay Renewable Energy LLC, Oneida Seven Generations Corporation & Oneida Tribe of Indians of Wisconsin [Oneida Nation of Wisconsin]

05/15/15 : May 15, 2015, 10:07 a.m. to 11:04 p.m. Supplemental Examination of Ronald H. Van Den Heuvel before James O’Neil, Court Commissioner, Brown Co. Case No. 14-CV-463, Dr. Marco Araujo  v.  Ronald H. Van Den Heuvel & Green Box NA Green Bay LLC

05/20/15 : FILED May 15, 2015 Complaint in Brown Co. Case No. 15-CV-769, Dr. Marco Araujo, Cliffton Equities Inc. & Wisconsin Economic Development Corp. [WEDC]  v.  Green Box NA Green Bay LLC

 

05/26/15 : May 26, 2015 Reply Brief of Plaintiffs-Appellants in Appellate Court of Illinois First District Case No. 14-3443,  ACF Leasing, ACF Services, and Generation Clean Fuels LLC   v.  Green Bay Renewable Energy, Oneida Seven Generations Corporation and Oneida Tribe of Indians of Wisconsin/Oneida Nation of Wisconsin

05/27/15 : May 27, 2015 Oneida Business Committee Resolution 05-27-15-B, ‘Adoption of Amendments to the Oneida Seven Generations Corporations Corporate Charter Limiting Purposes to Commercial Leasing Activities Only’

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.

05/28/15 : May 28, 2015 Blue Stone Strategy Group LLC & John Mooers Answer to Nikishna Polequaptewa First Amended Counterclaims, U.S. District Court, Central District of California, Case No. 14-CV-1888 CJC-DFM,  Blue Stone Strategy Group, LLC  v.  Nikishna Polequaptewa & Does 1-5d

05/29/15 : May 29, 2015 Wisconsin Supreme Court Decision w/ Dissenting Opinion of Chief Justice Patience Roggensack, Case No. 2013-AP-591,  Oneida Seven Generations Corporation & Green Bay Renewable Energy, LLC  v.  City of Green Bay

The Common Council of the City of Green Bay found that representatives of Oneida Seven Generations Corporation [OSGC] misrepresented material facts to the Common Council when it obtained a conditional use permit to construct and operate a biomass gasification facility. On certiorari review, the Common Council’s factual findings are sustained if any reasonable view of the evidence supports them. Kapischke v. Cnty. of Walworth, 226 Wis. 2d 320, 328, 595 N.W.2d 42 (Ct. App. 1999). The majority opinion refuses to follow this and other long-established legal principles that apply to certiorari review of a common council decision and thereby errs.

In this regard, the majority opinion did not accord the Common Council’s decision the presumption of correctness and validity that the law requires, Driehaus v. Walworth Cnty., 2009 WI App 63, ¶13, 317 Wis. 2d 734, 767 N.W.2d 343. Instead, the majority opinion substituted its view of the evidence for that of the Common Council, contrary to law, Clark v. Waupaca Cnty. Bd. of Adjustment, 186 Wis. 2d 300, 305, 519 N.W.2d 782 (Ct. App. 1994).

I conclude [OSGC] has failed to meet its burden under certiorari review because a reasonable view of the presentations made March 1, 2011, when [OSGC] obtained the conditional use permit, supports the Common Council’s finding that it was misled. Material misrepresentations were made to the Common Council in regard to emissions during operation of the gasification facility and that such a facility was not experimental because solid municipal waste was being used one the feedstock in other gasification facilities. Therefore, I conclude that Iisubstantial evidence supports the Common Council’s decision to rescind the conditional use permit. Accordingly, I would reverse the court of appeals decision, affirm the circuit court’s affirmance of the Common Council decision, and respectfully dissent from the majority opinion.

BACKGROUND

This review focuses on the Common Council’s October 16, 2012 rescission of the conditional use permit earlier granted to [OSGC] because the Common Council found that [OSGC]’s representatives had misrepresented material facts to the Common Council when obtaining the conditional use permit. The Common Council found that the misrepresentations raised public health, safety and general welfare concerns in regard to hazardous emissions produced at the facility and in regard to the experimental nature of a pyrolytic gasification facility that would convert municipal solid waste into syngas.

In advance of its March 1, 2011 meeting with the Common Council, [OSGC] submitted 149 pages of material that discussed various waste-to-energy methods and also provided pictorial representations of the facility it was proposing. [OSGC]’s representatives previously had met with the City of Green Bay’s Plan Commission to explain the project.

At the Common Council meeting on March 1, 2011, [OSGC]’s CEO, Kevin Cornelius, and the project manager, Peter King [III], made representations in support of the conditional use permit. During those presentations when questioned about emissions, Cornelius said, “there are no smoke stacks in it. For those of us here in Green Bay we know what that means.” This was an important representation because smoke stacks are used to disburse emissions that are generated by power plants and other businesses.3 Cornelius’s statement was consistent with the drawings and the power point presentation given to the Common Council on March 1, which showed no stacks for the proposed facility.

Cornelius also represented that the proposed gasification facility was not based on new or experimental technology. He said that a system such as was being proposed for Green Bay was operational in California. He explained that he “looked at it, the fact that it was operating in California, that it was permitted there. When we saw it, we knew it was a good system.”

II. DISCUSSION

A. Standard of Review

This case presents to us on certiorari review of the Common Council’s decision to rescind a conditional use permit it previously issued. We review the Common Council’s decision, not those of courts that have considered the Common Council’s decision. Bd. of Regents of the Univ. of Wis. v. Dane Cnty. Bd. of Adjustment, 2000 WI App 211, ¶10, 238 Wis. 2d 810, 618 N.W.2d 537. Upon certiorari review, we are limited to deciding whether the Common Council “kept within its jurisdiction, acted according to law, acted arbitrarily or unreasonably, and whether the evidence was such that the [Common Council] might reasonably make the order or determination it made.” Cohn v. Town of Randall, 2001 WI App 176, ¶25, 247 Wis. 2d 118, 633 N.W.2d 674.

In regard to the Common Council’s factual findings, we will not disturb them if any reasonable view of the evidence supports them. Kapischke, 226 Wis. 2d at 328. In our review, we accord the Common Council’s decision a presumption of correctness and validity. Driehaus, 317 Wis. 2d 734, ¶13.

B. Certiorari Review

Before us, [OSGC] argues only one component of certiorari review: whether the evidence was such that the Common Council might reasonably find it had been misled when it granted the conditional use permit. In order to prevail, [OSGC] must prove that under no reasonable view of the evidence presented to the Common Council on March 1, 2011, could the Common Council have been misled.

1. General principals

We review the decision of the Common Council, not that of the Plan Commission. I bring this to the fore because the majority opinion rests its affirmance of the court of appeals on an extensive discussion of the decision of the Plan Commission and how the Plan Commission supported the conditional use permit.4 However, it is the Common Council, and not the Plan Commission, that has the power to issue and to rescind conditional use permits. See McQuillin Mun. Corp. § 29.120 at 148 (3d ed.); Green Bay, Zoning Code § 13-205(5). The Plan Commission makes recommendations to the Common Council, § 13- 205(3), and it may hold public hearings at the direction of the Common Council, id. at (4). However, the Common Council had no obligation to accept the recommendation of the Plan Commission, but rather, the Common Council had an obligation to consider [OSGC]’s request and to make an independent decision on whether to grant the permit. See Town of Brockway v. City of Black River Falls, 2005 WI App 174, ¶24, 285 Wis. 2d 708, 702 N.W.2d 418 (concluding that the City was not bound until the common council decided whether to grant its approval).

A conditional use permit is not property; it is a type of zoning designation. Rainbow Springs Golf Co. v. Town of Mukwonago, 2005 WI App 163, ¶¶12-13, 284 Wis. 2d 519, 702 N.W.2d 40. As the court of appeals explained, “A zoning designation allows a landowner to use his or her property in certain ways.” Id., ¶13. Therefore, how the gasification system will operate is material to the conditional use granted to [OSGC].

As we consider [OSGC]’s objection to the Common Council’s rescission as it attempted to protect the health and safety of Green Bay residents, we must decide whether “taking into account all the evidence in the record, reasonable minds could arrive at the same conclusion as the Common Council,” i.e., that it was misled when it granted the conditional use permit. See Smith v. City of Milwaukee, 2014 WI App 95, ¶22, 356 Wis. 2d 779, 854 N.W.2d 857 (citation and internal quotation marks omitted); see also Crystal Lake Cheese Factory v. LIRC, 2003 WI 106, ¶27, 264 Wis. 2d 200, 664 N.W.2d 651) (explaining that “[t]he reviewing court may not substitute its judgment for that of an agency”).

In evaluating the evidence, we give the Common Council’s decision a presumption of correctness and validity because doing so “recognizes that locally elected officials are especially attuned to local concerns.” Ottman v. Town of Primrose, 2011 WI 18, ¶51, 332 Wis. 2d 3, 796 N.W.2d 411. In the case before us, the locally elected Green Bay Common Council was concerned about the health and safety of Green Bay citizens.

A misrepresentation is a statement of fact. Tietsworth v. Harley-Davidson, Inc., 2004 WI 32, ¶13, 270 Wis. 2d 146, 677 N.W.2d 233. Here, we review the Common Council’s findings of fact that misrepresentations were made to it when [OSGC] obtained the conditional use permit. Because a court in certiorari review may not substitute its view of the evidence for that of a common council, we sustain a common council’s finding that it was misled unless no reasonable view of the evidence will sustain that finding. Ottman, 332 Wis. 2d 3, ¶53.

During certiorari review, we do not evaluate evidence to determine whether it could support [OSGC]’s position. However, that is exactly what the majority opinion has done: it has evaluated evidence to determine whether it could support [OSGC]’s position.

2. Recission

The Common Council rescinded the conditional use permit because it found that it was misled in regard to the project’s effects on “public safety and health.” The Common Council’s concerns were linked to representations in regard to emissions and in regard to the experimental nature of gasification facilities that use solid municipal waste as the feedstock for energy generation.

Although the Common Council asserts that [OSGC] misled it when obtaining the conditional use permit, the Common Council does not make a claim for actionable misrepresentation; but rather, the Common Council relies on misrepresentation as the equitable basis for its rescission of the conditional use permit. See Schnuth v. Harrison, 44 Wis. 2d 326, 337, 171 N.W.2d 370 (1969) (explaining that misrepresentation can be grounds for rescission).

In regard to emissions, the Common Council identified representations that it asserts were false: First, Cornelius said that there would be no harmful emissions because all of the toxins would be scrubbed out of the syngas and would not be present in the greywater that resulted from that scrubbing. However, contrary to its position before the Common Council, on April 22, 2011, less than two months after it had secured the conditional use permit, [OSGC] submitted to the DNR an “air pollution control permit application and plans and specifications,” in which [OSGC] requested permission to emit toxic materials. Furthermore, on September 9, 2011, the DNR issued a permit for [OSGC]’s release of dioxins/furans*, cadmium, lead, mercury, hydrogen chloride, nitrous oxides, sulfur dioxide**, “fugitive ash,” and formaldehyde. Limitations for those emissions were listed in the DNR permit.

[* Footnote: “Dioxins are highly toxic and can cause reproductive and developmental problems, damage the immune system, interfere with hormones and also cause cancer.” Dioxins and Their Effects on Human Health, World Health Organization site (… March 11, 2015).]

[** Footnote: Sulfur dioxide (SO2) has the smell of “rotten eggs.” “Current scientific evidence links short-term exposures to SO2, ranging from 5 minutes to 24 hours, with an array of adverse respiratory effects including bronchoconstriction and increased asthma symptoms. These effects are particularly important for asthmatics.” Environmental Protection Agency site (… March 11, 2015).]

Second, Cornelius said the facility would have “no smoke stacks.” Both the pictures and the power point presentation provided to the Common Council on March 1, 2011, showed no stacks of any type. The representation that there would be no stacks supported the representation that no toxins would be dispersed into the air because all toxins would be washed out in the internal scrubbing process. However, on September 9, 2011, the DNR approved [OSGC]’s facility with 7 stacks (three 60 feet tall; three 40 feet tall; one 45 feet tall). Stacks were required by the DNR to disperse toxins that [OSGC]’s gasification facility will generate.**

Third, Cornelius repeatedly represented that this gasification facility would not be experimental because other gasification facilities used municipal solid waste as feedstock to generate syngas. He represented that a facility such as [OSGC] was seeking was operational in California. He said, “[we] looked at it, the fact that it was operating in California, that it was permitted there. When we saw it, we knew it was a good system.” As it turns out, there was no facility in the United States that used only municipal solid waste as the feedstock to generate syngas, which is the system [OSGC] proposed.

On October 16, 2012, after gathering information subsequent to issuing the conditional use permit, the Common Council reviewed whether it had been misled by the representations [OSGC] made, and Alderman Sladek moved to rescind the conditional use permit based on misrepresentations. Most of his concerns were directed at the statements of Kevin Cornelius. He said that Cornelius’s statements “were plain spoken statements, they contained no equivocation.”10 Alderman Sladek said that when Common Council members “asked about emission, and chemicals, and hazardous materials at this project, Kevin Cornelius provided false information” on subjects of “very high importance.”

Alderman Nicholson remembered “Mr. Cornelius stated that there was going to be a closed system, no emissions. Over months, all of [a] sudden there’s going to be emissions, and it’s not going to be a closed system.”

The record of the March 1, 2011 Common Council meeting shows that Alderman Nicholson’s recollection is correct. First, Cornelius said, “there are no smoke stacks in it. For those of us here in Green Bay we know what that means. And so, obviously, the system has to be pretty safe, pretty clean for that to happen.”

Cornelius was questioned further. He was asked and he answered:

Q. Is that true that that exhaust, because all of the treatments you’re doing, with the metals and everything that is in there, that the exhaust is actually clean[?]

A. Yes.

Q. And also, relative to wastewater, you do such a good cleaning job that the impurities and everything are taken out of this water before you discharge it[?]

A. Yeah. I’ve got some technical people (pointing behind him), but it’s classified as graywater and just goes into the regular sewer system.

Alderman DeWane spoke next. He said, “The question here is whether we were told enough . . . . As time went on, things changed drastically. . . . [T]hings changed. Emissions changed. Stacks changed. . . . I know that there is no other plant like this in the United States that burns this waste fuel.”

Substantial evidence in the record supports the Common Council’s finding that it was misled when it issued the conditional use permit. A finding on whether [OSGC]’s representatives tried to be misleading is not necessary to support the Common Council’s rescission of the conditional use permit. See Whipp v. Iverson, 43 Wis. 2d 166, 168, 168 N.W.2d 201 (1969) (explaining that “[r]escission of a contract in equity may be grounded on misrepresentations not intentionally made”).

The record also shows that the Common Council’s concerns for the health and safety of the people of Green Bay were addressed when Cornelius said, “there are no smoke stacks in it. For those of us here in Green Bay we know what that means. And so, obviously, the system has to be pretty safe, pretty clean for that to happen.” Smoke stacks are used to expel toxic emissions from power plants, and Green Bay has ample experience with the emissions from power plants and other facilities.*** That there were no stacks for the proposed facility led to the Common Council’s belief that the facility would not produce toxic emissions.

[*** Footnote: “Each year, 48 million tons of toxic mercury alone goes up in the smoke from coal-burning power plants. Mercury is a potent, potentially deadly neurotoxin. Its worst effects are felt by the young, wrecking havoc with the development of children’s nervous systems, affecting vision, hearing, speech and motor development. Even the unborn can be poisoned by the mercury in their mother’s blood, and one out of 10 women in America has mercury levels high enough to affect the development of an unborn child. In Wisconsin, every single waterway in our state is listed as containing unsafe levels of mercury.” Melanie G. Ramey, Op-Ed., More Work Needed to Protect Clean Air, The Cap Times, May 4, 2012]

However, the Common Council’s belief conflicts with the DNR’s September 9, 2011 determination, wherein the DNR approved the facility if it had seven stacks——three that were 60 feet tall, three that were 40 feet tall, and one that was 45 feet tall. The DNR also listed the toxins that it anticipated would be emitted from the gasification facility——dioxins/furans, cadmium, lead, mercury, hydrogen chloride, nitrous oxides, sulfur dioxide, fugitive ash, and formaldehyde.

The DNR determination directly conflicts with Cornelius’s testimony on March 1, 2011, where he answered a direct question in regard to emissions and toxins:

Q. Is that true that that exhaust, because all of the treatments you’re doing, with the metals and everything that is in there, that the exhaust is actually clean[?]

A. Yes.

Alderman DeWane was correct when he asserted on October 16, 2012, “As time went on, things changed drastically. . . . Emissions changed. Stacks changed.” The DNR permit to emit certain levels of toxic chemicals is ample evidence of that change.

On certiorari review, the Common Council’s finding that it was misled when it issued the conditional use permit is entitled to a presumption of correctness and validity, Driehaus, 317 Wis. 2d 734, ¶13. Furthermore, representations made when the Common Council issued the conditional use permit were such that the Common Council might reasonably rescind the conditional use permit upon recognition of [OSGC]’s misrepresentations. Cohn, 247 Wis. 2d 118, ¶25.

The majority opinion errs because it substitutes its view of the evidence for that of the Common Council. Clark, 186 Wis. 2d at 305. The majority opinion leads itself astray by searching the record for evidence to support [OSGC]’s position that it did not misrepresent when the conditional use permit was obtained.**** However, whether there is evidence in the record that cuts against the Common Council’s decision is not the test to apply in certiorari review. Rather, [OSGC] must prove there is no reasonable view of the evidence that supports the action the Common Council took. Smith, 356 Wis. 2d 779, ¶22.

[**** Footnote: See, e.g., “[T]he documents from the DNR that are in the record support Cornelius’s statement that the venturi scrubber would remove toxins from the syngas.” Majority op., ¶66. “Mr. Cornelius’s statements about the ash being put to beneficial uses are also supported by the DNR and DOE materials.” Id., ¶69.]

[OSGC] has failed to meet its burden. In regard to a reasonable view of the evidence, it is interesting to note that in addition to this dissent, the circuit court also concluded that a reasonable view of the evidence supported the Common Council’s decision to rescind the conditional use permit. The circuit court explained,

Cornelius said there are no smokestacks. Obviously, the system has to be pretty safe, pretty clean for that to happen. And in the CUP, as you and I both know, there’s drawings that do not indicate any type of smokestack. . . .

The record at 21-122-23 shows a flat roof warehouse building, which I think would lead any reasonable person to believe there are no smokestacks because it’s a completely closed loop process. . . . There would be nothing——there would be nothing to associate a smokestack with.

. . . I’m not finding any evidence in this record that would allow a reasonable person to conclude that there would (a) be a smokestack or that (b) there would be a smokestack of this type of dimension, which is required by the DNR. . . .

. . . I’m having a difficult time in reconciling statements no stacks and then the DNR permit that says in order to build this facility you must have a 60- foot stack.

And Seven Generation knows they can’t do that because someone advised them of the building code that says it can’t be higher than 35 feet. . . .

Now we have no idea because there was never any evidence that I can find in the record that the redesigned building is going to work, has been tried and tested. Your client’s earlier statement, this isn’t new technology, this is done in California, is now inconsistent with the plans that are moving forward, inconsistent with the plans that were originally approved by the City of Green Bay when they issued the CUP.

The circuit court’s finding that the evidence reasonably supported the Common Council’s decision to rescind the conditional use permit is uncontroverted by the majority opinion.

III. CONCLUSION

The majority opinion errs because it did not accord the Common Council’s decision the presumption of correctness and validity that the law requires, Driehaus, 317 Wis. 2d 734, ¶13. It substituted its view of the evidence for that of the Common Council, contrary to law, Clark, 186 Wis. 2d at 305.

I conclude [OSGC] has failed to meet its burden under certiorari review because a reasonable view of the presentations made March 1, 2011, when [OSGC] obtained the conditional use permit, supports the Common Council’s finding that it was misled. Material misrepresentations were made to the Common Council in regard to emissions during operation of the gasification facility and that such a facility was not experimental because solid municipal waste was being used as the feedstock in other gasification facilities. Therefore, I conclude that substantial evidence supports the Common Council’s decision to rescind the conditional use permit. Accordingly, I would reverse the court of appeals decision, affirm the circuit court’s affirmance of the Common Council decision, and respectfully dissent from the majority opinion.

 

  • 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  re: international multimillion dollar luxury cars ‘straw buyer’ tax avoidance fraud schemes involving many Oneida Nation of WI members

•  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 

06/01/15 : June 1, 2015 Letter from Godfrey & Kahn to Judge Thomas Walsh, re: Brown Co.Case No. 15-CV-769,  Marco Araujo, M.D., et al.  v.  Green Box NA Green Bay, LLC

[NOTE: Oneida Casino Gaming Manager Louise King-Cornelius is the aunt of OSGC’s Managing Director Peter King III / King Solutions, LLC]

06/02/15 : June 2, 2015 Village of Hobart’s Brief in Opposition to Plaintiff’s Motion for Contempt, U.S. District Court, Eastern District of Wisconsin Case No. 10-CV-137-WCG, Oneida Tribe of Indians of Wisconsin [Oneida Nation in WI] v.  Village of Hobart v. United States of America

 

December 15, 2013 the General Tribal Council voted to dissolve the Oneida Seven Generation Corporation (OSGC) in a special meeting. [Gene Keluche and] Sagestone Management LLC [from COLORADO] was tasked by the Oneida Business Committee with closing down OSGC in a financially efficient manner in order to protect the assets of the corporation; this was anticipated to take a short time. The litigation has precluded making any changes to OSGC until such time as the dismissal of OSGC and the Tribe from that lawsuit has been through any final appeal. The Oneida Business Committee is determined to refocus OSGC intent, which is to concentrate on real estate development and leasing, and believed this effort would be best achieved under the leadership of [Pete King III and] King Solutions, LLC. Since early 2014, Sagestone Management LLC has been the Managing Agent of OSGC. King Solutions, LLC will be the Managing Agent for OSGC effective June 2, 2015, and the change will have no impact on current business partners of OSGC.

[OBC] Secretary Lisa Summers encourages feedback from the members. “With this move we hope to provide information and clarification to our stakeholders in a more pro-active manner. Our goal in this action is to strengthen and promote the growth of the revenue-generating businesses as well as protect and preserve partnerships we value.” said Summers.

06/09/15 : June 9, 2015 Open Letter ‘It’s Time For Good Neighbors To Oppose All Waste Gasification Projects’ re: the Wisconsin Supreme Court’s Decision in favor of OSGC’s against the City of Green Bay Common Council, by ONWI Member & Oneida Eye Publisher Leah Sue Dodge and Clean Water Action Council of Northeast Wisconsin Executive Director Dean Hoegger

The recent Wisconsin Supreme Court decision against Green Bay’s right to rescind a conditional use permit for a waste gasification project surprised many, especially those who were present in January 2013 when Brown County Judge Marc Hammer listed in court numerous misleading and unproven claims made by Oneida Seven Generations Corporation (OSGC) representatives and ruled the City rightfully revoked the permit.

Those familiar with the problematic facts surrounding waste gasification versus the rosy picture painted for city officials celebrated the City’s right to hold companies accountable for false and unproven claims.

OSGC is owned by the Oneida Tribe of Indians of Wisconsin, and therefore a ‘corporation’ in name only as the Tribe has no corporate laws. OSGC owns its co-plaintiff, the misnamed Green Bay Renewable Energy, LLC (GBRE), which is registered through a series of LLCs as a tax shelter in the State of Delaware.

OSGC tried to promote waste gasification to four local communities, and each except Green Bay outright rejected OSGC’s proposals due to environmental and other concerns. Some Green Bay City officials were unfamiliar with the science behind environmental & health concerns about OSGC’s false and unproven claims until after the City had already issued a permit.

At the request of area residents, the Clean Water Action Council of Northeast Wisconsin (CWAC) provided evidence showing which OSGC’s statements to the City Council and the Planning Commission in meeting minutes were false or unproven. OSGC’s CEO, Kevin Cornelius, misrepresented the project as a closed looped system having no chemicals, no emissions, no stacks or chimneys, with chemical-free, organic-quality solid waste residues. Yet later EPA and DNR reports said stacks and chimneys were required, that there was no evidence the waste produced would be safe, and that the facility would routinely emit at least 18 hazardous pollutants – including dioxin – into Green Bay’s air. After being provided this factual information, the Green Bay City Council voted 7-5 to rescind the permit.

It’s interesting that in November 2000 the Oneida Business Committee (OBC) passed a Resolution to ask the U.S. State Department to halt the production of dioxin everywhere due to its disproportionally harmful impact on Native Americans. Yet, in 2010 and 2013 the OBC voted to allow and support OSGC building dioxin-emitting waste gasification plants on the Oneida Reservation.

When presented the facts about OSGC’s waste projects by Tribe member Leah Dodge in May 2013, the General Tribal Council (GTC) – made of all Tribe members age 21 & up who attend GTC meetings – voted to prohibit OSGC & its subsidiaries from engaging in waste gasification or ‘plastics-to-oil’ anywhere on the Oneida reservation. After OSGC was caught doing it anyway, GTC voted to dissolve OSGC in December 2013.

Certainly Oneidas who rejected waste gasification on the reservation don’t want family members exposed to those same risks in Green Bay neighborhoods, so who’s really behind OSGC’s lawsuit against the City of Green Bay to pursue waste gasification? 

The Oneida Business Committee consists of four officers and five at-large council members who are elected – and can be removed – by GTC. All nine OBC members seem to support OSGC’s waste gasification proposals despite the clear opposition from the voting Tribal membership, and the OBC loaned OSGC & GBRE money to sue the City of Green Bay.

Considering OSGC’s efforts to falsely portray waste gasification as having no harmful environmental impact when it would emit the dioxin the OBC sought to have banned nationwide, Oneida Tribe members and Green Bay taxpayers all deserve an apology from the OBC for funding OSGC’s & GBRE’s appeal of the Circuit Court’s finding. This has cost hundreds of thousands of dollars in legal fees all around.

The OBC should also consider the possibility that even more people might join over 1,200 area residents who’ve signed a petition to boycott all Tribal businesses if the waste gasification plant is constructed.

Given other companies’ new efforts to site waste gasification in local areas, it’s time for all good neighbors from the Oneida reservation and the Green Bay area to work together to keep waste gasification out of every northeast Wisconsin neighborhood and focus on real solutions to landfills – including Zero Waste goals – rather than wasting resources fighting over what remain false and unproven claims about the safety and feasibility of waste gasification.

06/17/15 : June 17, 2015 Letter from Scott Kohler & Jim Szczepanik of Silverman Consulting to Ron Van Den Heuvel re: Operating Budget for the Estate of Green Box NA Green Bay LLC

06/28/15 : June 28, 2015 OBC Emergency Meeting Packet including copy of the Oneida Business Committee’s Emergency Amendments to the Election Law

 

07/02/15 : July 2, 2015 Brown County Sheriff’s Dept. Search Warrants for Ronald Van Den Heuvel / Green Box NA Green Bay, LLC  [30 pages]

 

07/06/15 : AUDIO – Excerpt from the July 6, 2015 Semi-Annual ONWI General Tribal Council Meeting in which Madelyn Genskow informs the OBC and GTC about her intent to appeal the results of the Secretarial Election regarding changes to ONWI’s Constitution to the IBIA following comments by Janice DeCorah.

Janice DeCorah addressed what Oneida Eye considers to be the OBC’s unmistakable attempt to use the proposed ‘GTC Meetings Law‘ to unlawfully empower the OBC in ways which blatantly violate the Oneida Constitution, and she importantly notes that these clearly illegal powergrabs remain in the version presented to GTC after FIVE years and FOUR drafts of the law by the Legislative Operating Committee, which was under the direction of Fmr. LOC Chair Melinda Danforth and current LOC Chair Brandon Stevens:

Janice DeCorah, who worked for the Oneida Business Committee for 16 years including serving as the Recording Secretary for OBC Meetings, correctly notes the unconstitutional changes that the OBC and the Legislative Operating Committee (LOC – made up primarily of five OBC members and currently chaired by OBC member Brandon Stevens) have proposed making regarding how GTC Meetings are conducted:

The way [the LOC’s draft of the GTC Meeting Law] reads, it violates the Oneida Constitution and gives more power to the Business Committee over the Constitution. …You violated the Constitution twice. You infringed on the petition process itself by not having it clear what happens to them if you cancel a meeting, and you infringe upon the Chair’s ability to call a [GTC] meeting by saying that the rest of you, the eight of you [OBC members] will determine when or if. No! The Constitution says the Chair can call that meeting. … I’m so amazed that it’s even in there, that it took over four to five years to write it. You had four drafts. Within the four drafts why didn’t one of you say, “Hey! We’re violating the Constitution!”?
It didn’t occur.

06/20/15 :  Green Bay Press-Gazette: WEDC seeks records on De Pere business’ unpaid loans

The Wisconsin Economic Development Corp., Montreal-based Cliffton Equities Inc. and De Pere-area physician Dr. Marco Araujo sued Green Box NA [Green Bay, LLC,] and its president, Ronald Van Den Heuvel, on May 20 seeking repayment of more than $5.7 million in loans. They claim Green Box is near insolvency, worry it cannot cure its many defaults and suspect the company offered the same collateral to multiple financiers.

“Van Den Heuvel’s casual commingling of assets and collateral among his many entities gives rise to a real concern that he will dispose of plaintiff’s collateral improperly or that collateral may not exist,” the plaintiffs’ initial complaint states.

On Monday, Van Den Heuvel’s attorney John Petitjean told Circuit Court Judge Thomas Walsh that Van Den Heuvel cannot provide many documents court-appointed receiver Michael Polsky has requested because Brown County Sheriff’s Office deputies executed a search warrant at Green Box’s De Pere offices and removed five truckloads of documents and computer equipment from Green Box’s offices in the last month.

The newspaper version included the following:

WEDC provided the $1.1 million loan to Green Box NA LLC in 2011 in exchange for a pledge to create 115 jobs by Dec. 31, 2014.

The company stopped making payments in 2013, got the loan terms restructured in 2014 and WEDC declared the company in default in [2015]. …

Brown County court records indicate that SC Acquisitions LLC of Winnetka, Ill., sought repayment of $28.3 million in a 2010 mortgage foreclosure case filed against four Van Den Heuvel companies – EcoFibre Inc., Custom Paper Products Inc., Partners Concepts Development Inc., and Tissue Products Technology Corp.

The company’s struggle to repay existing debt didn’t stop Van Den Heuvel from continuing to pursue loans from WEDC. …

A WEDC statement on Green Box indicates it authorized Green Box’s 2011 loan less than a month after the quasi-public agency was created [by Gov. Scott Walker].

07/29/15 : July 29, 2015 UCC Filing Statement with Wisconsin Dept. of Financial Institutions (WDFI); Debtors: GB-ARM, LLC; Secured Party: Advanced Resource Materials, LLC / ARM [7320 Mathis Ferry Road, Suwanee, GA]

08/14/2015 Gross & Klein LLP: Federal Court Has Jurisdiction Over Lawsuit Against Former Tribal Officials, Senior Employees For Defrauding Tribe of Millions

(CORNING, Calif. – August 14, 2015) A federal judge ruled today that the U.S. District Court, Eastern District of California, has subject matter jurisdiction over a lawsuit filed by the Paskenta Band of Nomlaki Indians under the federal Racketeer Influence and Corruption (RICO) Act and other state and federal laws against former Tribal officials and senior employees accused of defrauding the Tribe of tens of millions of dollars. The court rejected claims by defendants that the Tribe’s lawsuit is an intra-tribal dispute and therefore the Court had no jurisdiction to hear any of the Tribe’s claims.

“We are gratified by the Court’s decision. The Tribe brought this action to hold responsible a group of individuals who, for well over a decade, conspired to steal tens of millions of dollars from the Tribe,” the Paskenta Band of the Nomlaki Indians Tribal Council said in a statement. “That stolen money, much of which the Ringleaders used to pay for a lifestyle of private jet travel, sports cars, and luxury homes, could and should have been used to improve the welfare of the Tribe’s members. The Court’s decision today makes clear that these individuals and others who benefited from their scheme will be held responsible for the harms they caused.”

The Tribe’s co-lead counsel Stuart Gross, of Gross Law P.C., added, “With a single sentence, the Court rejected the argument that this case is an intra-tribal dispute over tribal membership and governance over which the Court lacks jurisdiction. The decision sends a clear message that tribal officials who steal from the tribes they are supposed to serve can and will be held responsible in federal courts. The defendants misleadingly defended their conspiracy to defraud the Tribe through arguing the federal courts had no power to review actions that violate federal and Tribal law. The opposite is true; and we are pleased the Court rejected defendants’ attempt to avoid liability on this basis.”

In another significant win for the Plaintiffs, U.S. District Judge Garland E. Burrell, Jr., also denied the defendants’ attempt to dismiss the Tribe’s restitution claims, including those filed against Abettor Defendants Umpqua Bank and Umpqua Holdings Corp., Cornerstone Community Bank and Cornerstone Community Bancorp, Associated Pension Consultants and Patriot Gold & Silver Exchange, as well as others that allegedly assisted in the theft of Tribal funds. In addition, the Court provided the Tribe with an opportunity to amend its claims against the Abettor Defendants.

“The Court’s decision affirms the Tribe’s ability to pursue claims against all of the twenty-plus named defendants. This includes those who alleged to have directly participated in the RICO conspiracy, as well as those who assisted and benefited from it. To the extent the Court has asked the Tribe to amplify its allegations concerning some of those claims, we intend to do so,” said the Tribe’s co-counsel Andrew M. Purdy of the Joseph Saveri Law Firm, Inc. 

In March 2015, the Tribe filed the lawsuit in federal court charging its former treasurer and three former senior officials with defrauding the Tribe of tens of millions of dollars in Tribal moneys. . The 200-plus page complaint alleges in detail that these four individuals used vote-rigging, bribery, and extortion to take control of the Tribe and its principal non-casino business entity during this far-reaching, decade-long scheme.

Also named in the lawsuit are individuals, including several family members of the four defendants, and businesses that participated in the conspiracy and/or aided and abetted the illegal activity. These include Umpqua Bank, Umpqua Holdings Corp., Cornerstone Community Bank, and Cornerstone Community Bancorp—all of which allegedly assisted the Ringleaders in their theft of Tribal moneys on deposit—as well as Garth Moore Insurance & Financial Services, Associated Pension Consultants, Inc., Haness & Associates, LLC, and their principals, who are alleged to have facilitated conversion of millions of dollars through unauthorized retirement compensation schemes. Additionally, Patriot Gold & Silver Exchange and its owner, Norman R. Ryan, are alleged to have substantially assisted defendant John Crosby in converting approximately $160,000 of the Tribe’s money through purchases of gold.

08/17/15 : ONWI BUSINESS COMMITTEE / OBC SPECIAL MEETING

Tribal CFO Larry Barton admitted that OTIE does not have a final design and noted that Sam Van Den Heuvel has been made the Oneida Highway 54 OneStop Project Manager in place of Wayne Metoxen (despite OTIE Board member Wayne Metoxen’s name still improperly remaining as the Tribe’s ‘Project Manager’ in a Standard Form of Agreement Between Owner and Design-Builder).

Oneida Eye’s Publisher pointed out that should have already been taken care by the time of the meeting and noted OTIE’s own Conflict of Interest Disclosure Form from October 2014:

•  October 24, 2014 Consultant/Contractor Conflict of Interest Disclosure Form by OTIE Vice-President of Contracts Cynthia Shaw regarding OTIE Board Member Wayne Metoxen 

 

08/18/15 : August 18, 2015 Certificate of Service to individuals, former employees and creditors of Ron Van Den Heuvel from Patricia Foster of Beck, Chanet, Bamberger & Polsky, SC, regarding Notice of Receivership, Bar Date for Filing Claims and Injunction regarding Brown Co. Case No. 15CV769, Dr. Marco Araujo, Cliffton Equities and Wisconsin Economic Development Corporation (WEDC) v. Green Box NA Green Bay, LLC

08/21/15 : August 21, 2015 Internal Memorandum to Business Committee Direct Reports, Boards, Committees and Commissions to all Oneida Tribal Division Directors, Boards, Committees and Commissions re: Secretarial Election – Constitutional Amendment Implementation on Hold

This memorandum serves as notice to you that implementation of Oneida’s approved Constitutional amendments shall be placed on hold until further notice. …

On July 22, 2015, the OBC was officially notified that an appeal of the BIA’s certification decision was made to the [Interior Board of Indian Appeals/ IBIA] by Tribal member, Madelyn Genskow. This appeal is in the beginning stages. We have not yet received a schedule for this appeal. Our research shows the whole appeal process generally takes two to three years.

On August 17, 2015, the OBC took action to place a hold on the implementation of the constitutional amendments until such time as this appeal is concluded. This hold is effective immediately and means that, due to the appeal, only members age 21 and over will be eligible to attend General Tribal Council (GTC) meetings and vote in Tribal Elections until the appeal of the challenge to the Secretarial Election has been concluded.

Requested Action

Please put a hold on all activity which implements Oneida’s approved constitutional amendments. Once the IBIA process is complete, a notice will be provided to you on when to resume implementation.

IN REALITY, Madelyn Genskow had already publicly informed the OBC about her appeal to the IBIA of the Secretarial Election results due to the OBC’s mishandling and misrepresentations of the election processes TWO TIMES BEFORE JULY 22, 2015:

  1. At the microphone during the June 24, 2015 OBC Regular Meeting
  2. At the microphone during the July 6, 2015 GTC Semi-Annual Meeting

08/25/15 : August 25, 2015 Court of Appeals Decision, Appeal No. 2014AP2846-FT,  Dr. Marco Araujo  v.  Ronald H. Van Den Heuvel & Green Box NA Green Bay LLC

08/26/15 : VIDEO – August 26, 2015 Oneida Business Committee Regular Meeting excerpt re: OBC Sec. Lisa Summers’ disrespectful threats to have enrolled ONWI members removed from OBC meetings by Oneida Police Dept. officers if she feels disrespected by public comments

As Oneida Eye reported:

The video also shows ONWI Elders Madelyn Genskow, Nancy Barton, Frank Cornelius Sr., and Lou Ann Green reacting to Lisa Summers’ threats to violate their rights…

At the 5 minute mark in that video you can see Oneida Trust/Enrollment Committee Vice-Chair Carole Liggins making an uglier-than-usual face during Frank Cornelius Sr.‘s statements about the OBC’s violations of the Indian Civil Rights Act, thereby proving Lou Ann Green‘s claims that Tribal employees often mock and make fun of Oneida Elders behind their backs, and that friends & family of OBC members (such as Fawn Billie’s partner Tim Ninham) actively try to discourage Oneida Elders from speaking at public meetings.

Carole Liggins mocking Frank Cornelius Sr.

ONWI Trust & Enrollment Committee Vice-Chair Carole Liggins, mother of OBC Sec. Lisa Summers’ Executive Asst. Lisa Liggins, openly mocks Frank Cornelius Sr. during the August 26, 2015 OBC Regular Meeting

Oneida Trust/Enrollment Committee Vice-Chair Carole Liggins happens to be the mother of Lisa Liggins, who happens to be the Executive Asst. of OBC Sec. Lisa Summers, who happens to be the former Executive Asst. of Vice-Chair Melinda J. Danforth, who was not present at the August 26, 2015 meeting but had attended theJuly 8 & 22, 2015 OBC Meetings during which OBC members lied to and about Frank Cornelius Sr. based on Sec. Summers’ actions & mishandlings causing unjust delay of Frank’s due process as a GTC Petitioner, and the August 17, 2015 Special OBC Meeting during which Oneida Eye’s Publisher had to explain to the OBC why – among many other problems – their contract with Tribally-owned Oneida Total Integrated Enterprises [OTIE] embodied a blatant conflict of interest that has to be resolved.

Was Carole Liggins coaching Lisa Summers to cut Frank off?

Or was Carole Liggins just being an ass (as usual)?

Ask yourself why – since Lisa Summers was sworn in as OBC Secretary in August 2014 – the Oneida Business Committee has altogether ceased posting any videos of OBC Regular Meetings in the ‘Members Only’ area of the Tribe’s website? (For a screenshot taken on 02/21/2016 click here.)

Instead, enrolled Oneida Nation in Wisconsin (ONW) members are required to PAY for copies of videos of public OBC meetings … IF recordings exist … and yet purchased copies of meetings made by Records Management Director Steve Webster often DON’T WORK!

Can you say ‘censorship’…without getting dragged away?

It’s important to note that OBC Sec. Lisa Summers curtailed the posting of OBC public meeting videos during the crucial period of time that the OBC & the BIA Dept. Regional Director of Indian Services Scott Sufficool were conducting the BIA Secretarial Election regarding changes to the Oneida Constitution, and while OBC and the Oneida Election Board were giving GTC members false and misleading information via posting, mailings & notices in the Tribal newspaper about Tribal elections, including the inaugural Oneida Tribal Judiciary election, and all while the OBC was actively attempting to disenfranchise voters.

The OBC obviously wants information lockdown in order to keep the ONWI General Tribal Council in the dark… and that’s the ONE & ONLY THING the OBC has been truly successful at.

 

The Oneida Business Committee received a request from [Eric Decator / 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.

09/02/15 : September 2, 2015 U.S. Dept. of Justice Indictment against Three Principals of the Mantria Corporation Biochar & Pyrolysis Ponzi Scheme, U.S. District Court for the Eastern District of Pennsylvania, Case No. 2:15-cr-398-JHS United States of America v. Troy Wragg, Amanda Knorr & Wayde McKevly

09/09/15 : VIDEO –  September 9, 2015 WI Joint Legislative Affairs Committee Meeting excerpt…

…wherein WI State Sen. Julie Lassa said:

[WEDC] had invited Green Box as late as this year to participate in a ‘trade trip’ to Tanzania, even though Green Box is being investigated and it might be something like a Ponzi scheme or a check-kiting organization.

09/21/15 : September 21, 2015 Letter to U.S. Attorney General Loretta Lynch from 42 Enrolled Members of the Oneida Nation of Wisconsin / ONWI asking the U.S. Department of Justice to investigate possible Fraud against the Oneida Tribe of Indians of Wisconsin by Ron Van Den Heuvel & Green Box NA / Environmental Advanced Reclamation Technology HQ LLC (E.A.R.T.H.); Latif Mahjoob & American Combustion Technologies (of California) Inc. (ACTI); and Oneida Seven Generations Corporation & its subsidiaries, IEP Development LLC, Oneida Energy Inc., Oneida Energy Blocker Inc., and Green Bay Renewable Energy LLC

09/28/15 : According to the Court Record of Events, Oneida Co. Case No. 13FA85, DIVORCE in re: the marriage of Wallace James Hilliard and Patricia Ann Hilliard

“8:35 a.m. Attorney Steven Charles Garbowicz appeared by phone means for Respondent Patricia Ann Hilliard. Attorney Todd R McEldowney appeared by phone means for Petitioner Wallace James Hilliard. Garbowicz statements to court – IRS matter is not settled with her. McEldowney statements to court – as far as mortgage foreclosure waiting to see if additional offer on property, no reason to delay any further, wish to proceed. Garbowicz statements to court regarding litigation w/ IRS. McEldowney statements to court. Court questions Garbowicz. Garbowicz questions McEldowney. Garbowicz statements to court. Court statements – sounds like can get resolved without having to wait for result of federal litigation. Court questions counsel. Court statements – schedules divorce hearing for Friday, November 20th from 9:30 a.m. to noon. McEldowney statements. Court statements. 8:49 a.m. Contested divorce scheduled for November 20, 2015 at 09:30 am.”

10/13/15 : October 13, 2015 Appellate Order re: Cook Co. IL Case No. 14-L-2768,  ACF Leasing, ACF Services & Generation Clean Fuels LLC  v.  Green Bay Renewable Energy, Oneida Seven Generations Corporation & Oneida Tribe of Indians of Wisconsin

10/14/15 : According to Law360.com, Justices Say Tribe Is Immune To Energy Project Lease Suit by Aebra Coe

Law360, New York (October 14, 2015, 3:46 PM ET) – The forum selection clause in a lease agreement does not waive a Native American tribe’s sovereign immunity, an Illinois appellate court found Tuesday, refusing to revive claims against the Oneida Tribe of Indians of Wisconsin over a $22 million lease contract for renewable energy equipment.

A three judge panel of the appellate court concluded that ACF Leasing LLC, ACF Services LLC and Generation Clean Fuels LLC failed to show that the forum selection clause in their lease agreement with Green Bay Renewable Energy LLC [GBRE] – a subsidiary of a tribe-owned business – constitutes a waiver of the tribe’s sovereign immunity bestowed upon it by federal law.

“In the case at bar, the forum selection clause in the agreements specifies Illinois as the venue for a dispute, but says nothing about expressly waiving sovereign immunity. To relinquish its immunity, a tribe’s waiver must be clear,” the court’s opinion said. “Accordingly, we maintain that the tribe and [Oneida Seven Generations Corp. / OSGC] did not expressly waive sovereign immunity through the forum selection clauses.”

The leasing companies filed their suit against Green Bay Renewable Energy, the tribe and OSGC, a tribe-owned business, alleging they’d violated a 2013 contract in which ACF Leasing leased three liquefaction machines to GBRE for $22.2 million for a 21-year term.

The companies argued that when the tribe voted to dissolve OSGC in December 2013, the entity that had committed to providing GBRE with financing withdrew from its commitment to finance the project and, as a result, the contract could not be upheld.

They brought claims of breach of contract, promissory estoppel, unjust enrichment, vicarious liability, tortious interference with contract, tortious interference with prospective economic advantage and tortious interference with business expectancy.

The tribe claimed that because neither it nor OSGC were parties to the lease agreement, and because the tribe is a sovereign Indian Nation, and OSGC is a subordinate entity created by the tribe, sovereign immunity applied.

They further alleged that they did not waive this sovereign immunity, and thus there was no subject matter jurisdiction over them.

Both the trial court and the appellate court agreed with those contentions. Citing “clear precedent” from the U.S. Supreme Court, the appellate court said it is “unwilling to extend our state’s subject matter jurisdiction in this case over defendants, and we find that sovereign immunity applies to both the tribe and OSGC, a tribal entity.”

Counsel for the plaintiffs, Gerald M. Dombrowski of Sanchez Daniels & Hoffman LLP, said he and [Generation Clean Fuels / ACF] are weighing their options after the decision, including an appeal to the state supreme court “and beyond.”

“We still feel our case is very strong and defendant GBRE remains firmly in the case,” Dombrowski said. “We will also likely be adding a number of defendants to the suit who do not enjoy the benefit of sovereign immunity.”

Justices Maureen E. Connors, Laura C. Liu and Joy V. Cunningham sat on the panel.

ACF Leasing LLC, ACF Services LLC and Generation Clean Fuels LLC are represented by Gerald M. Dombrowski and Heather Erickson of Sanchez Daniels & Hoffman LLP.

The defendants are represented by James B. Vogts and Thomas J. Verticchio of Swanson Martin & Bell LLP and Thomas M. Pyper of Whyte Hirschboeck Dudek SC.

10/15/15 : Wisconsin State Journal, Warrants allege Green Bay businessman defrauded WEDC for more than $1 million by Matthew DeFour

Ron Van Den Heuvel has not been charged with a crime, but he is suspected of committing theft and securities fraud against several parties, including the Wisconsin Economic Development Corp., according to six search warrants the Brown County Sheriff’s Office executed at Van Den Heuvel’s home and businesses in De Pere and Ashwaubenon in July.

The warrants state that WEDC, which is funded mostly with taxpayer dollars, “was a potential victim of fraudulent representation made by Van Den Heuvel.” …

Within days, according to the warrants, “a substantial portion” of the loan amount was transferred to bank accounts for other business entities and used to pay Van Den Heuvel’s personal and business debts unrelated to Green Box.

The warrants allege that Van Den Heuvel gave tours of a vacant building in Ashwaubenon that “was never for sale but was used as a prop” to induce commitments from investors.

He also gave demonstrations of his equipment, but it did not work as he represented, and he claimed to hold seven patents “when, in fact, he holds none,” according to the warrants. …

WEDC had secured a collateral agreement before it released funds in October 2011 that prohibited the company from using its property as collateral in other transactions, but Van Den Heuvel “pledged and re-pledged WEDC’s collateral to other creditors multiple times over,” the warrants allege. …

The warrants draw information from documents provided by WEDC, testimony and documents from a Bellevue-based doctor who invested $600,000 in Green Box, and testimony from current and former Van Den Heuvel employees.

According to their testimony, Van Den Heuvel owed $115 million to the more than 40 family-owned companies he had some stake in, didn’t receive a paycheck from Green Box “because his wages would have been garnished by the IRS and other creditors” and would have employees cash checks made out to them and give him the money. He allegedly used money from investors for things like Green Bay Packers box seats, trips to Las Vegas and $2,000 weekly alimony payments to his ex-wife. …

Van Den Heuvel and his lawyer John Petitjean did not respond to requests for comment

 

 

10/21/15 : ONWI’s General Tribal Council – the governing body of ONWI – finally begin receiving by mail copies of a Letter dated September 23, 2015 from the Oneida Business Committee to General Tribal Council re: LITIGATION UPDATE & Settlement Offer Rejection re: Cook Co. IL Case No. 14-L-2768, ACF Leasing, ACF Services & Generation Clean Fuels v. Green Bay Renewable Energy, Oneida Seven Generations Corporation & Oneida Tribe of Indians of Wisconsin

…WHICH THE OBC DID NOT MAIL TO GTC UNTIL MID-OCTOBER:

The Oneida Business Committee received a request from [Eric Decator / 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…

AND SO FAR A NUMBER OF COMPETING ACCOUNTS OF WHAT REALLY HAPPENED HAVE BEEN TOLD TO GTC MEMBERS BY…

ONWI DEPUTY CHIEF COUNSEL JAMES BITTORF in February 2016…

 

vs. OSGC MANAGING AGENT PETER KING III of KING SOLUTIONS, LLC on 08/10/16…

 

vs. ONWI CHIEF COUNSEL JO ANNE HOUSE on 07/17/17.

11/06/15 : 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 the September 21, 2015 Letter from 42 Enrolled Members of the Oneida Tribe of Indians of Wisconsin asking for the U.S. Department of Justice to investigate the Wisconsin Economic Development Corporation (WEDC) and WEDC recipients Oneida Seven Generations Corp. / OSGC & subsidiaries Green Bay Renewable Energy LLC / GBRE & Oneida Energy Inc., and Ron Van Den Heuvel’s Green Box NA Green Bay LLC, and Artley Skenandore’s Swakweko LLC, and Abdul Latif Mahjoob’s American Combustion Technologies Inc. / ACTI

11/10/15 : Wisconsin State Journal:  U.S. Senator Tammy Baldwin calls for federal investigation into some WEDC loans

 

WLUK:  Baldwin wants DOJ to review Wisconsin economic agency’s loans

11/16/15 : November 16, 2015 Order Denying Oneida Tribe of Indians of Wisconsin’s Motion for Contempt, U.S. District Court, Eastern District of Wisconsin Case No. 10-CV-137-WCG, Oneida Tribe of Indians of Wisconsin [Oneida Nation in WI]  v.  Village of Hobart  v.  United States of America

11/16/15 : November 24, 2015 Motion for Return of Property, Brown Co. Case No. 2015-CV-1614, In the Matter of the Return of Property to Ronald Van Den Heuvel [seized during execution of July 2, 2015 Brown Co. Sheriff’s Dept. Search Warrants] 

12/23/15 : WLUK:  WEDC says loan to De Pere’s Van Den Heuvel not repaid; Businessman says money’s coming

 

01/14/16 : Wisconsin State Journal: Gov. Scott Walker backs bill making WEDC fraud a felony

 

01/22/16 : According to the Court Record of Events, Oneida Co. Case No. 13-FA-85, DIVORCE in re: the marriage of Wallace James Hilliard and Patricia Ann Hilliard

“8:36 a.m. Respondent Patricia Ann Hilliard appeared by phone means with Attorney Steven Charles Garbowicz. Attorney Todd R McEldowney appeared by phone means for Petitioner Wallace James Hilliard. Court statements – received petition to withdraw from Attorney Garbowicz. Court questions Patricia. Court questions McEldowney – only thing outstanding are interrogatories, still have pending foreclosure and IRS matters that are outstanding, still in same boat as last status conference, those matters must be concluded first. Court questions Garbowicz – IRS and foreclosure matters must be resolved, can’t do property division without. Court questions parties regarding time frame. Court statements regarding foreclosure action. Court grants Attorney Garbowicz’s motion to withdraw. Court questions McEldowney and Patricia regarding IRS and foreclosure matters. Discussion. Court statements – will not grant relief requested by Patricia, needs more substantial information regarding his financial situation, would have to be by way of formal motion. McEldowney statements. Court statements – will look for something around end of March, beginning of April for status conference, approves telephone appearances. …. Court signs order permitting withdrawal of Garbowicz. 8:54 a.m. Telephone scheduling conference scheduled for April 1, 2016 at 08:30 am.”

01/25/16 : Wisconsin State Journal:  Catching Up: Green Box owner says he plans to repay WEDC

01/29/16 : January 29, 2016 WI State’s Reply to Defendant’s Motion for Return of Property, Brown Co. Case No. 15-CV-1614,  In the Matter of the Return of Property to Ronald Van Den Heuvel

02/01/16 : February 1, 2016 Order for Dismissal Pursuant to Settlement, Cook County IL Case # 14-L2768, ACF Leasing LLC, ACF Services LLC & Generation Clean Fuels LLC v. Green Bay Renewable Energy, LLC, Oneida Energy Inc. & Oneida Energy Blocker Corp.

02/02/16 : February 2, 2016 Letter from Milwaukee Asst. District Attorney Bruce Landgraf to Atty. Matthew W. O’Neill re: closing of retaliatory and baseless campaign finance investigation of Green Bay Aldermen Chris Wery, Andy Nicholson, and Tom DeWayne instigated by Green Bay Mayor Jim Schmitt

 

02/12/16 : February 12, 2016 Van Den Heuvel’s Response to the State’s Reply to Motion for Return of Property, Brown Co. Case No. 15-CV-1614, In the Matter of the Return of Property to Ronald Van Den Heuvel

02/15/16 & 02/17/16 : February 15 & 17, 2016 Transcript of Deposition of Ron Van Den Heuvel from Brown County Case No. 15-CV-769,  Dr. Marco Araujo, Cliffton Equities LLC & Wisconsin Economic Development Corp. [WEDC]  v.  Green Box NA Green Bay LLC

What I’m answering is I’m not going to answer itemized questions on a list that I don’t know how you got, that is at least seven months old, and I don’t have the expertise to answer it. I wasn’t given it before, I wasn’t asked any questions on this. I don’t know. But I’m not going to go in here, because you guys have a great thing of using my depositions and doing other sh¡t with it.

And then Ron did repeatedly exercised his Fifth Amendment privileges.

 

As Oneida Eye reported:

‘Green Box Wisconsin, LLC’ – previously known as ‘Green Box NA Wisconsin OP, LLC’ – is currently registered with the Wisconsin Dept. of Financial Institutions as ‘EcoHub Wisconsin, LLC’ …

… and that Ron had recently started a new website to display his latest shade of lipstick on a criminal pig:

Creation Date: 2016-02-15
Registrant Name: RONALD VAN DEN HEUVEL
Registrant Organization: TISSUE DEPOT
Registrant Street: 2077B LAWRENCE DRIVE
Registrant City: DE PERE
Registrant State/Province: WI
Registrant Postal Code: 54115
Registrant Country: US
Registrant Phone: +1.9203473838
Registrant Email: MIKEG@GREENBOXNA.COM

This entity is connected with George Gitschel‘s Ecohub Houston, LLC & Organic Energy Corp. scams:

 

ON APRIL 29, 2016, GEORGE GITSCHEL THREATENED TO FILE SUIT AGAINST ONEIDA EYE PUBLISHER LEAH SUE DODGE FOR PUBLISHING INFORMATION ABOUT HIS PARTNERSHIP WITH RON VAN DEN HEUVEL & GREEN BOX NA.

Read George Gitschel’s Emails to Oneida Eye’s Publisher in the 04/29/16 entry below.

02/19/16 : VIDEO – Oneida Police Dept. officers forcibly remove passive elder Madelyn Genskow from public meeting with U.S. Senator Tammy Baldwin

Oneida elder Madelyn Genskow spoke during a transition of a presentation to WI U.S. Sen. Tammy Baldwin at Norbert Hill Center (which houses the OBC’s offices and Oneida Nation High School) asking if she could speak to her after the presentation about her concerns about protecting The Indian Civil Rights Act, and Sen. Baldwin agreed to Madelyn’s request.


Then, as children were filing on stage to sing a song, Oneida Police Department officers asked Madelyn Genskow to leave the event, and when she said “No, I’m not bothering anyone,” they picked her up and put her on the floor in the hallway outside the meeting room.

U.S. Sen. Tammy Baldwin expressed dismay, shaking her head ‘NO!’ and waving her hands to gesture that she did NOT want the OPD officers to remove an Oneida elder simply for asking to meet with and discuss her concerns with Sen. Baldwin.

Filmed by ONWI Member Cathy Metoxen: 

As Oneida Eye reported:

Oneida Eye’s Publisher, along with several other Tribe members, attended the FRIDAY February 19, 2016, public meeting that hosted U.S. Senator Tammy Baldwin and dozens of her staff members at the Oneida Nation in Wisconsin’s Norbert Hill Center which serves as the Tribe’s government building and the Oneida Nation High School, the Principal of which is Artley Skenandore, whose wife is Oneida Police Department Lieutenant Lisa Drew Skenandore / Lisa Skenandore. …

Oneida Business Committee Vice-Chair Melinda J. Danforth was the highest ranking OBC member in attendance.

A presentation was given by Oneida Nation in Wisconsin’s Legislative Affairs Dept. Director Nathaniel ‘Nate’ King, who formerly was simultaneously an Oneida Seven Generations Corporation Board member when OSGC gave an illegal campaign donation to Green Bay Mayor Jim Schmitt.

The FRIDAY February 19, 2016 Oneida Police Department Incident Report by Officer Brandon Vandehei identifies Legislative Affairs Dept. Lobbyist Tana D. Aguirre as the ‘Reportee’ regarding Oneida Tribal Police Dept. officers removing 74-year-old Tribe member Madelyn Genskow from the meeting for ‘Disorderly Conduct’ after Genskow asked for and was granted the opportunity to meet with [U.S. Senator Tammy] Baldwin following a planned presentation. 

Legislative Affairs Director Nathan King is also the former Director of OSGC-subsidiary Oneida Energy, Inc., which was added as a Respondent in a $397 Million lawsuit filed in Illinois over contracts that were signed by Fmr. OSGC CEO & Fmr. Green Bay Renewable Energy President Kevin Cornelius in May & June 2013, for a ‘plastics-to-oil’ endeavor which General Tribal Council had voted on May 5, 2013, to forbid OSGC and its subsidiaries from pursuing anywhere on the Oneida Nation in Wisconsin’s reservation.

Kevin Cornelius is also the former CEO of Oneida Energy, Inc., and he, along with former OSGC President & Chair William Cornelius, Esq., who is also former President & Chairman of Oneida Energy, Inc., attended that May 5, 2013 GTC Meeting and therefore knew full well that GTC had voted and ordered that OSGC and its subsidiaries not engage in waste pyrolysis nor ‘plastics-to-oil’ anywhere on the Oneida Nation in Wisconsin’s Reservation.

Despite GTC’s clear prohibition, OSGC and its subsidiaries allowed and participated in that prohibited endeavor anyway at OSGC’s facility on O’Hare Boulevard in violation of GTC’s May 5, 2013 directive, and in violation of local zoning ordinances as was reported by the local media.

Some OBC members and OBC Chief Counsel Jo Anne House defended OSGC’s actions desipte OSGC acting in violation of the directive of the supreme governing body of the Oneida Tribe…

…which resulted in GTC voting on December 15, 2013, to direct the OBC to work with GTC-appointed representative Frank Cornelius, Sr., to fully and finally dissolve Oneida Seven Generations Corporation.

Instead, the OBC chose to fund a lawsuit by OSGC and its subsidiary Green Bay Renewable Energy, LLC, against the City of Green Bay which wound up before the Wisconsin Supreme Court, and the ‘Citizens United’-curated court foolishly defended OSGC’s & GBRE‘s misleading misrepresentations to the City of Green Bay…

…which were the same misrepresentations made by OSGC’s business partner Ron Van Den Heuvel to investors including Dr. Marco Araujo, for which Araujo successfully sued Ron Van Den Heuvel for the return of his investment, which also resulted in Green Box NA Green Bay, LLC, being taken into receivership in Brown County Case No. 2015CV769, Dr. Marco Araujo, Cliffton Equities and Wisconsin Economic Development Corporation (WEDC) v. Green Box NA Green Bay, LLC. 

The video shows that OPD Officers Justine Mehojah & Rachel Smith, and an unidentified male OPD officer picked Madelyn Genskow up, took her out of the Business Committee Conference Room, and put her on the floor in the hallway where she was told to stay until the end of the meeting with U.S. Sen. Tammy Baldwin.

To her credit, Sen. Baldwin appeared to try to motion to Tribal police officers and to Tribal officials conducting the meeting that she did not want OPD officers to forcibly remove Madelyn from the room, but to no avail.

The OPD obviously had their marching orders to infringe on Madelyn’s civil rights, yet – despite being asked several times by Oneida Eye’s Publisher – OPD officers repeatedly refused to state exactly whose egregious command they were unlawfully acting upon.

Presumably Madelyn Genskow wanted to speak with Sen. Baldwin about the following concerns, including Tribal voting rights among other topics:

•  February 11, 2016 Interior Board of Indian Appeals Decision, Madelyn Genskow v. Midwest Regional Director, Bureau of Indian Affairs, 62 IBIA 155

Related:

•  February 19, 2016 Official Message from the Oneida Business Committee regarding the IBIA’s dismissal of Madelyn Genskow’s appeal of the implementation of the BIA Secretarial Election changes to the Oneida Constitution

Sen. Baldwin did finally meet with Madelyn Genskow later in the day and received her February 19, 2016 Letter to Sen. Baldwin, in which Madelyn writes:

What will you do to restore American Civil Rights to American Indians?

There is corruption in the tribe. The U.S. Goverment allows the Tribe to decide if a criminal is prosecuted even if there is a Federal Connection. Why is that allowed to happen?

Oneida Eye readers report that some OBC fans have taken to social media to criticize Madelyn Genskow’s exercise of free speech, including Ernest Lloyd Stevens III who was formerly employed as the Oneida Nation in Wisconsin’s Executive Specialist for Communications and then became the Executive Director for Native American Tourism of Wisconsin (NATOW), and can be seen in a dark blue shirt standing in the back of the room near the uniformed OPD officers on the right side of the photo of the Friday, February 19, 2016 meeting with Sen. Baldwin and her staff posted above. Ernie Stevens III is said to have posted the following on Facebook on Sunday, February 21, 2016:

Ernie L Stevens III Facebook swipe at free speech

Ernie Stevens III was a Co-Producer of the film Crooked Arrows, and his LinkedIn page says he is currently a Co-Host/Producer for the television show Native Report, produced by PBS stations WDSE & WRPT.

Ernie’s father is Ernie Stevens Jr., National Indian Gaming Association (NIGA) Chair & Spokesperson And Tribal Advisor To Consulting Firm Blue Stone Strategy Group.

Here’s what Haskell Indian Nations University Board of Regents Member & Oneida Business Committee Member Brandon Yellowbird Stevens‘ half-brother, Ernie Stevens III, had to say about Oneida Eye back in August 2013 while Ernie III was still in a deferred prosecution agreement in Brown Co. Case No. 13-CM-1711 regarding a domestic violence incident involving the use of dangerous weapon [Click here for Oneida Police Dept. report]:

Ernest Lloyd Stevens III – Team Oneida: Rez Patrol

Ernest Lloyd Stevens III – Team OSGC: Rez Patrol (guns & drinking while on diversion? hmm.)

Is this why the Oneida Business Committee wanted GTC to support via the BIA Secretarial Election an Oneida Tribal Constitution amendment that “has removed federal oversight authority and responsibility that was held by the Secretary of the Interior“?

To abuse the power to banish enrolled members from the Oneida Nation in Wiscsonsin’s reservation and to vengefully exercise authority over disenrollment?

Is the video of an Oneida Elder being dragged away by Tribal police what GTC can expect from OBC Secretary Lisa M. Summers‘ proposed Sergeant-at-Arms at GTC Meetings if she and other OBC members feel they are being ‘disrespected’ according to their so-called Rules of Decorum?

Unfortunately for Lisa and her authoritarian ilk, Oneida Elder Brad Graham (who was recently appointed to the Oneida Personnel Commission) successfully motioned to remove the Sergeant-at-Arms/Rules of Decorum item from the January 4, 2016 GTC Annual Meeting Agenda, and the issue was not even mentioned at the February 20, 2016 continuation of the Annual Meeting.

In other words, the efforts of Lisa Jong-Un and her co-conspirators to enact a ‘Police State’ during GTC meetings went over thusly:

Lisa Jong-Un Summers' 'Goon Squad' legislation testing.

Lisa Jong-Un Summers watches OBC’s ‘Goon Squad’ legislation testing.

Yet, based on the OBC’s & OPD’s actions at the February 19, 2016 meeting hosting Sen. Baldwin – none of which is a laughing matter – it appears that the OBC’s intent to employ a ‘Goon Squad’ to restrict informed free speech & dissent is now as undeniable as it is indefensible.

02/22/16 : As Oneida Eye reported:

ALSO on MONDAY, February 22, Oneida Eye’s staff and Oneida Nation in Wisconsin members attended the Contempt Hearing  in Brown Co. Case No. 2015-CV-769, Dr. Marco Araujo, Cliffton Equities & Wisconsin Economic Development Corp. (WEDC) vs. Green Box NA Green Bay, LLC, where attendees observed Atty. John Petitjean and fellow attorneys discuss Ron Van Den Heuvel’s various “shell games” involving properties of businesses (belonging to Ron Van Den Heuvel for which Artley Skenandore was the Registered Agent until it was changed to Ron Van Den Heuvel on THURSDAY February 25, 2016) and the unauthorized transportation of multi-collateralized property (that Ron Van Den Heuvel claims to own) being moved from Wisconsin to North Carolina – of all places – in violation & contempt of the Receivership agreement.

  • The Court found Ron Van Den Heuvel to be in Contempt.
  • The attorney for Wisconsin Economic Development Corp. / WEDC who attended via speakerphone said nary a word after heartily laughing at Judge John P. Zakowski’s joke that his role as the latest judge in the revolving door of recusals reminded him of the Herman’s Hermits’ song ‘I’m Henry the 8th I Am.’
  • Atty. John Petitjean [of Hinkfuss, Sickel, Petitjean & Wieting] was recused as Green Box NA Green Bay, LLC’s counsel.

Then, the Eye’s peeps stayed and watched as attorneys discussed before Judge Zakowski Brown Co. Case No. 2013-CV-463, Dr. Marco Araujo vs. Ron Van Den Heuvel & Green Box NA Green Bay, LLC; Garnishees Patriot Tissue, LLC, International Forest Products, LLC & Baylake Bank, LLC.

Specifically, whether it would be best to allow Baylake Bank to disburse money that allegedly belongs to Ron Van Den Heuvel in order to pay the debt Ron owes former energy scam investor Dr. Marco Araujo, or whether Baylake Bank or another entity should hold onto the money while everything gets sorted out about where the money might have actually come from, who it might actually belong to, and whether other investors, creditors and employees might have rightful claims to it as well, which is all currently being sorted out by Brown County District Attorney David Lasee, as well as the IRS, the SEC, and the FBI.

Judge Zakowski, who seemed a bit out-of-the-loop on the Brown County Sheriff’s Dept.’s investigation and the District Attorney’s assessment not to mention the interstate & international extent of schemes that seem very similar to the Mantria Corporation ‘green energy’ pyrolysis/biochar Ponzi scheme, ordered that:

  • Dr. Marco Araujo will get $814,508.84 back from his misspent investment in Ron Van Den Heuvel’s Green Box NA Green Bay, LLC, from Baylake Bank (who seem to be relieved to be able to relinquishRon’s questionably sourced cash)
  • Godfrey & Kahn SC represented Dr. Marco Araujo against the energy scams of Ron Van Den Heuvel throughout this case and at this hearing; the same Godfrey & Kahn that also defended the same energy scams of Ron Van Den Heuvel as perpetrated by Oneida Seven Generations Corp. when OSGC sued the City of Green Bay all the way to Wisconsin Supreme Court for the right to not tell the truth and still demand a Conditional Use Permit. The Wisconsin Supreme Court upheld OSGC’s & Green Bay Renewable Energy’s right to do so.

Think about that:

Godfrey & Kahn defended the energy scams of Ron Van Den Heuvel & OSGC – which were funded by Wisconsin Gov. Scott Walker’s Wisconsin Economic Development Corp./WEDC – in front of the Wisconsin Supreme Court to argue against the City of Green Bay’s right to revoke a Conditional Use Permit due to being misled…

…all while Godfrey & Kahn was also defending Dr. Araujo against Ron Van Den Heuvel’s energy scams – which were also funded by Scott Walker’s Wisconsin Economic Development Corp./WEDC, resulting in WEDC becoming a co-plaintiff of Dr. Araujo against Ron Van Den Heuvel because he misled individual investors and the State of Wisconsin.

More on all of this in an upcoming post, and be sure to see Oneida Eye’s previous coverage of the long-standing pattern of Wisconsin taxpayer’s money mysteriously going to Ron Van Den Heuvel.

02/25/16 : Purely Cotton Products Corp.’s ‘Registered Agent’ was changed from Artley Skenandore Jr. to Ron Van Den Heuvel:

03/07/16 : According to the Court Record of Events, Oneida Co. Case No. 13-FA-85, DIVORCE in re: the marriage of Wallace James Hilliard and Patricia Ann Hilliard:

“10:32 a.m. Attorney Todd R McEldowney in court for Petitioner Wallace James Hilliard. Respondent Patricia Ann Hilliard in court. Petitioner Wallace James Hilliard not in court. Off record at 10:33 a.m. Back on record at 10:34 a.m. Petitioner Wallace Hilliard now appears by phone. Court statements. Patricia statements. Wallace statements. Court statements. Court questions Patricia. Court questions McEldowney. Discussion. McEldowney statements to court – moves motion be denied. Court questions Patricia. Discussion. Court statements – no reason she shouldn’t be working and earning money. Court questions Patricia. McEldowney statements. Court questions Patricia. McEldowney statements. Off record at 10:58 a.m. Back on record at 10:59 a.m. Wallace no longer appears by phone. McEldowney statements. Court questions Patricia. Discussion. Court statements – to reconvene at 4/4/16 2:00 p.m., allows phone appearance for her if she has relocated to FL, advises parties of the information they will need to have available at next court date. 11:06 a.m. Temporary order hearing scheduled for April 4, 2016 at 02:00 pm.”

03/02/16 : March 2, 2016 Federal Deposit Insurance Corporation Office of Inspector General / FDIC OIG Memorandum of Interview of Paul Piikkila

[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…

03/08/16 : March 8, 2016 Letter from Ronald Henry Van Den Heuvel (Pro Se) to Judge John P. Zakowski claiming that Ron “has never been the ‘managing member’ of Green Box NA Green Bay,” and disputing that Cliffton Equities put $650,000 toward a thermal unit

03/09/16 : March 9, 2016 Oneida Business Committee Regular Meeting excerpt re: Creepy, threatening letter to Cathy Metoxen from Oneida Elections Board Chair Racquel ‘Rocky’ Hill during an OBC Regular Meeting claiming that a local psychic had received a message from Cathy’s deceased son warning her to halt her political activities “or she won’t be here anymore.”

As Oneida Eye reported:

Madelyn Genskow has also provided Oneida Eye with a copy of her Statement regarding what Genskow perceived as “threats” delivered to Oneida Elder Cathy L. Metoxen from Oneida Election Board Chair & Land Commission Member Racquel Hill during the Wednesday March 9, 2016 Oneida Business Committee Regular Meeting – as seen on video below:

The note that Racquel ‘Rocky’ Hill gave to Cathy L. Metoxen during the March 9, 2016 OBC Regular Meeting from local ‘psychic’ scam artist Veronica Young, and which appears to have been printed from Rockhead Hill’s own Facebook account and includes Young’s contact info:

This is what she stated to a group of us Monday night:

“This kid is coming through all the time. Josh. She offered 15 minutes free for his Mom. He needs her to do some changing or she won’t be here anymore. He’s worried about 2 little kids. He had a message for Brett Metoxen – “Hey bro. You were more like a brother to me than my real family.” She saw them shaking hands and hitting each on the backs. She said he comes through at so many readings she does. He has a message for his Mom. He’s frantic. She does automatic writings where what comes through is in the person’s writing.”

Brett Metoxen just happens to be Rocky Hill‘s half-nephew via his mother, Elaine Parker.

Brett Metoxen’s father is Wayne Metoxen, the Oneida Total Integrated Enterprises (OTIE) Board member who was simultaneously & improperly made the Oneida Tribe’s Project Manager for the Hwy 54 OneStop project despite the undeniable & egregious conflict of interest created given that fact that OTIE was the project’s General Contractor.

A Tribal official personally delivering a hoaxer’s message – supposedly from a deceased son to their surviving mother – during an OBC Regular Meeting discussion about the OBC’s failure to secure the integrity of that mother’s son’s resting place, which includes language that could easily be perceived as a veiled threat of the possibility of disenrollment, banishment, or perhaps worse against the deceased person’s mother, is a new low…

…even for Racquel ‘Rockhead’ Hill.

Here is video documenting Oneida Tribal employees’ & officials’ outrageously unethical harassment and intimidation attempts against the bereaved during the March 9, 2016 OBC Regular Meeting:

 

03/14/16 : March 14, 2016 Letter from Atty. John Petitjean (Hinkfuss Sickel Petitjean & Wieting) to Judge Zakowski claiming “[t]he proposed Order [of Contempt & Writ of Bodily Attachment] submitted by Attorney Christopher J. Murray [on behalf of Receiver Michael S. Polsky] failed to indicate that Mr. Van den Heuvel will receive immunity and will not be liable to criminal prosecution or proceeding for or on account of his testimony, subject to the restrictions under § 972.085”

03/15/16 : March 15, 2016 Letter from Ron Van Den Heuvel (Pro Se) to Judge Zakowski, Brown Co. Case No. 2015-CV-769,  Ability Insurance Co., Dr. Marco Araujo, Cliffton Equities Inc. & Wisconsin Economic Development Corporation (WEDC)  v.  Green Box NA Green Bay LLC; Atty. Michael S. Polsky, Receiver

03/16/16 : March 16, 2016 Reply from Atty. Christopher J. Murray on behalf of Receiver Michael S. Polsky [Beck Chaet Bamburger & Polsky S.C.] to Judge Zakowski about Atty. Petitjean’s & Mr. Van Den Heuvel’s Letters, noting that “Paragraph 3 of the proposed Order [for Contempt] properly cites Wis. Stats. § 128.16, which speaks for itself and provides the immunity discussed on the record at the hearing held on February 22, 2016,” and that “the Receiver reiterates the comments set forth by Atty. Ogden in her letter to the Court dated March 9, 2016”

03/18/16 : March 18, 2016 ORDER of CONTEMPT and WRIT of BODILY ATTACHMENT RELATED TO RECEIVER’s MOTION, Judge John P. Zakowski, Brown Co. Case No. 2015-CV-769, Ability Insurance Co., Dr. Marco Araujo, Cliffton Equities Inc. & Wisconsin Economic Development Corporation (WEDC) v. Green Box NA Green Bay LLC; Atty. Michael S. Polsky, Receiver

[Different documents]

03/28/16 : After ten (10) days of failure by the Brown Co. Sheriff’s Dept. to apprehend Ron Van Den Heuvel as authorized by the Warrants issued by 3/18/16 Writ of Bodily Attachment Order issued by Judge Zakowski, Oneida Eye’s Publisher took it upon herself to purchase copies of the doucuments from the courthouse and deliver them in person to the Brown Co. Sheriff’s Dept. HQ, only to find they now close the Front Desk and lock the doors at 4:00 p.m.

So she slid the Writ of Bodily Attachment Order under the doors.

03/29/16 : 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 

03/31/16 : Green Bay Press-Gazette:  Heidi Cruz and Carly Fiorina visit De Pere and hang out at The Creamery Café with Ron Van Den Heuvel and his daughter Kristie Hoffman [owner of Elements Salon & Spa, Howard, WI], and Ron’s son-in-law and bank fraud ‘straw borrower’ Patrick Hoffman [owner of The Creamery Café].

LEDGEVIEW – Heidi Cruz and former presidential candidate Carly Fiorina on Thursday visited The Creamery, where they talked one-on-one with locals about Tuesday’s upcoming Wisconsin primary.

Cruz spoke with Creamery owner Patrick Hoffman about plans her husband, Republican presidential candidate Ted Cruz, has to help small businesses. His ideas include dividing the private sector and reducing government involvement.

“When we travel the country doing this, we see that businesses are grown from individuals with a great idea that belong in the marketplace,” Heidi Cruz said. “This government has gotten so in the way with all the regulation and requirements, it’s just a burden.”

Hoffman’s business is in the process of opening a second location in downtown Green Bay.

Hoffman said the Cruz campaign was not on his radar until recently, and he is glad it made a stop at his restaurant.

“This definitely opened my eyes to what else is out there. You tend to just hear about (Donald) Trump, Bernie (Sanders) or Hillary (Clinton),” Hoffman said. “It’s good to know we have some people running for president that truly care about us small business, local people.”

Cruz and Fiorina spoke with patrons, but declined media interviews.

Joan Johnson of De Pere spoke with Heidi Cruz and Fiorina. Johnson is a Ted Cruz supporter, a position that she said she moved to over time. She said Fiorina would have been an excellent president and the fact that she endorses Cruz makes her even more confident in her choice of a candidate.

“Carly is friendly, educated and very good when it comes to business,” Johnson said. “All of that is very important.”

Ron Van Den Heuvel, also of De Pere, said he has been a [Ted] Cruz supporter for a while and shares many of the same Christian beliefs and values that are seen throughout Cruz’s campaign.

Throughout the meet and greet, Heidi Cruz and Fiorina assured diners Ted Cruz will remain consistent on the issues.

“Ted will run the same in the general election as he has in the primaries,” Cruz said. “I can tell you that.”

04/01/16 : According to the Court Record of Events, Oneida Co. Case No. 13-FA-85, DIVORCE in re: the marriage of Wallace James Hilliard and Patricia Ann Hilliard:

“8:33 a.m. Respondent Patricia Ann Hilliard appeared by phone means. Attorney Todd R McEldowney appeared by phone means for Petitioner Wallace James Hilliard. Court statements – did receive Affidavit and Order to Show Cause from Patricia asserting he is not in compliance with order of FCC re foreclosure, did not sign Order to Show Cause as situation is more complex, does not appear to be practical mechanism for purging contempt. Court questions McEldowney regarding status – home has been sold, hearing on Monday with FCC for temporary order, need to know if she is filing change of venue. Court questions Patricia. Court questions McEldowney. Court statements – appropriate to shedule hearing so court can make ruling on premarital agreement and potentially issue of venue as well. Discussion. Court advises her she would need to file formal motion for change of venue (to change venue to FL). Discussion. Court statements – schedules for 4/15 at 1:30, McEldowney will appear in person, Patricia to call in to JA to appear by phone, court directs her to file formal motion for change of venue at least 5 business days prior. McEldowney advises her she can just send him an email. 8:52 a.m. Motion hearing scheduled for April 15, 2016 at 01:30 pm.”

04/03/16 : 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

04/04/16 : According to the Court Record of Events, Oneida Co. Case No. 13-FA-85, DIVORCE in re: the marriage of Wallace James Hilliard and Patricia Ann Hilliard:

“1:57 p.m. Respondent Patricia Ann Hilliard appeared by phone means. Petitioner Wallace James Hilliard in court with attorney Todd R McEldowney. Court questions Patricia. Court statements – need to adjourn so that change of venue can be addressed first, schedules for 5/18/16. McEldowney statements – obtained the information regarding gross payout for sale of cottage, have not received the financial documents from her. Court orders her to provide them to McEldowney no later than May 1st, 2016. 2:02 p.m. Temporary order hearing scheduled for May 18, 2016 at 01:00 pm.”

04/07/16 : April 7, 2016 Letter from Judge Zakowski to All Parties, Brown Co. Case No. 15-CV-769,  Ability Insurance Co., Dr. Marco Araujo, Cliffton Equities Inc. & Wisconsin Economic Development Corporation (WEDC)  v.  Green Box NA Green Bay LLC

04/11/16 : VIDEO – April 11, 2016 General Tribal Council Meeting excerpt – Click to view on YouTube

04/12/16 : Wisconsin State Journal:  Businessman repays taxpayers dime on dollar for troubled WEDC loan – NO, not Ron. Some other deadbeat GOP donor.

04/15/16 : According to the Court Record of Events, Oneida Co. Case No. 13-FA-85, DIVORCE in re: the marriage of Wallace James Hilliard and Patricia Ann Hilliard:

“Attorney Todd R McEldowney in court for Petitioner Wallace James Hilliard. Petitioner Wallace James Hilliard appeared by phone means. Respondent Patricia Ann Hilliard appeared by phone means. 1:40 Motion by Patricia for change of venue- Court statement to statute – Court denies motion for change of venue– Court statement to status of case – Set for TO on 5-18 at 1pm – McEldowney statement – request date for 1/2 day hearing for contractual issues not related to divorce – Patricia statement regarding other motion – affidavit of non compliance and order for money judgment – Court statement – has not yet received into file yet – Court recesses to see if they received – Back on record- Court statement to documents received by Court- Were not noticed for today and will be heard on 7-1 Patricia statement – request divorce be heard before Court Commissioner- Court statement – McEldowney statement – Court will start at 10:30 on 7-1- TOH will remain on the 5-18 date Hearing scheduled for July 1, 2016 at 10:30 am.”

04/19/16 : U.S. Dept. of Justice Statement, United States Attorney’s Office, Eastern District of Wisconsin: Horicon Bank Loan Officer Paul Piikkila & De Pere couple Ron & Kelly Van Den Heuvel indicted for mulitple Federal Counts of Bank Fraud

04/20/16 : April 20, 2016 WRIT OF BODILY ATTACHMENT FOR RONALD H. VAN DEN HEUVEL, Brown Co. Case No. 15-CV-769, Ability Insurance Co., Dr. Marco Araujo, Cliffton Equities Inc. & Wisconsin Economic Development Corporation (WEDC) v. Green Box NA Green Bay LLC

04/21/16 : Wisconsin State Journal:  Judge issues arrest warrant for Ron Van Den Heuvel

04/26/16 : WBAY:  Ron Van Den Heuvel becomes ‘Wanted’ by Sheriff’s Dept. in Brown County, WI

 

04/27/16 : April 27, 2016 Official Form 201, Voluntary Petition Chapter 11 Bankruptcy for Green Box NA Green Bay, LLC listing 21 known creditors, U. S. Bankruptcy Court, Docket No. 16-24179-beh, Chapter 11, Green Box NA Green Bay, LLC

04/28/16 : Wisconsin State Journal:  Company at center of WEDC fraud investigation files for bankruptcy

04/29/16 : WGBA:  Indicted De Pere businessman filed for bankrupcy protection

 

As Oneida Eye reported:

Ron Van Den Heuvel's fellow EcoSchlub, George Gitschel of Organic Energy Corp. & EcoHub LLC / EcoHub Houston LLC

Eco-Schlub George Gitschel

After Oneida Eye published information regarding the partnership between Ron Van Den Heuvel’s GREEN BOX NA and George Gitschel’s ECOHUB…

…and that Ron Van Den Heuvel had changed the name of his company ‘Green Box Wisconsin, LLC’ – previously known as ‘Green Box NA Wisconsin OP, LLC’ – to ECOHUB WISCONSIN, LLC with the Wisconsin Dept. of Financial Institutions  …

…and that Ron had registered a new website to display his latest shade of lipstick on a criminal pig…

www.EcoHub-USA.com

Creation Date: 2016-02-15
Registrant Name: RONALD VAN DEN HEUVEL
Registrant Organization: TISSUE DEPOT
Registrant Street: 2077B LAWRENCE DRIVE
Registrant City: DE PERE
Registrant State/Province: WI
Registrant Postal Code: 54115
Registrant Country: US
Registrant Phone: +1.9203473838
Registrant Email: MIKEG@GREENBOXNA.COM

… and that this entity was connected with George Gitschel‘s Ecohub Houston, LLC & Organic Energy Corp. scams:

…and that Organic Energy Corp. also promotes its dirty business model under the name ‘ECOLUTION’…

GEORGE GITSCHEL THREATENED TO

FILE SUIT AGAINST ONEIDA EYE

PUBLISHER LEAH SUE DODGE

Subject: George Gitschel – EcoHub – Organic Energy Corporation
Date: 2016-04-29 09:47
From: George Gitschel <gkgitschel@comcast.net>
To: editor@oneidaeye.com
Cc: Tommy Fibich <tfibich@fibichlaw.com>, Jay Henderson <jhenderson@fibichlaw.com>

Leah,

You have made slanderous and highly libelist claims against me and my company in your blog. None of your claims have any basis in fact. I demand an immediate full retraction and apology by you. I also demand that you immediately take down any and all references to me, EcoHub, LLC, EcoHub-Houston, Organic Energy Corporation, EcoHub-USA or anything related to me or any of my companies from your blog post. If you ignore my request, I will pursue action against you through my attorneys, who are copied on this email.

George Gitschel

GEORGE GITSCHEL
Chairman and Chief Executive Officer

700 Louisiana Street, Suite 3950 Houston, Texas 77

GKGitschel@organicenergycorp.com
O (832) 390-2755
F (832) 218-6222
M (650) 346-6574

 

That’s George Gitschel at 9:47 A.M. … (we assumed it was sent by him, but it could be someone pretending to be George Gitschel … his Twitter account seems to have died in 2013) …

… but by 12:46 P.M. later that day George’s tone softens:

Subject: I would like to talk to you
Date: 2016-04-29 12:46
From: George Gitschel <gkgitschel@comcast.net>
To: editor@oneidaeye.com

Leah,

You have falsely accused me of things that I have never done, nor would I ever condone. In fact, I have dedicated my life, while sacrificing virtually all of my material possessions, to saving the environment. It has been my mission for the past 20 years. My goal to to bring about the end of garbage and by so doing, save the planet and bring about the end of poverty. Is that such a bad idea?

There is so much more to this than meets the eye. As a responsible journalist and blogger, it’s important that you have the facts from both sides, before you put your opinion on the Internet. Will you please call me so that I can tell you about my mission to change the world?

Best regards,

George

GEORGE GITSCHEL
Chairman and Chief Executive Officer

700 Louisiana Street, Suite 3950 Houston, Texas 77002

GKGitschel@organicenergycorp.com
O (832) 390-2755
F (832) 218-6222
M (650) 346-6574

www.OrganicEnergyCorp.com

 

Gee, George . . . schizo much?

Note that George appears to suffer from the same level of delusional grandiosity as his fellow EcoSchlub Ron Van Den Heuvel, or perhaps – like Ron – George simply hopes to exploit the naïvete of other people due to sociopathic greed.

Oneida Eye’s Publisher replied to George Gitschel via email as follows, which was also CC’d to U.S. Attorney Greg Hanstaad, Brown Co. District Attorney David Lasee, Brown Co. Sheriff’s Dept. Investigative Division Captain David Konrath, U.S. Sen. Tammy Baldwin, and various media outlets:

On May 2, 2016, at 7:54 AM, Oneida Eye wrote:

George,

I suggest you instead speak with the authorities and tell them everything about your relationships – business or otherwise – with Ron Van Den Heuvel.

Leah Sue Dodge
Publisher, OneidaEye.com

George Gitschel replied to Oneida Eye’s Publisher and CC’d the list of recipients with the following:

From: “Mr. George Gitschel” <gkgitschel@organicenergycorp.com>
Date: May 2, 2016 at 9:31:21 PM CDT
To: Oneida Eye
Subject: Re: Ecohub threatens to sue Oneida Eye

Leah,

I tried to be reasonable with you and engage in a civil discourse to present you with the facts about me and my companies. You have never met me or interacted with me in any way. You have no idea who I am or anything about any of my companies. Yet, through your beef with Ron Van Den Heuvel (which I had never known anything about), you have falsely accused me of things that I have never done. Your slanderous actions and character assassinations directed towards me are both despicable and highly irresponsible. To make matters worse, you have also “named” and “linked” some of my business associates with this nonsense. You have committed slander and libel against me and some of my associates. I am now referring this action to my attorneys. I will not tolerate your reckless and reprehensible behavior.

George Gitschel

 

ONEIDA EYE

HAS NOT HEARD SINCE

FROM GEORGE GITSCHEL

NOR HIS ATTORNEYS.

Kind of a shame, really, because the discovery process would likely be very interesting … to say the least.

In the news:

05/04/16 : May 4, 2016 Motions of Ability Insurance Company to (A) prohibit use of cash collateral, and (B) grant relief from stay or, in the alternative to (C) provide adequate protection and (D) declare debtor a single asset real estate entity, U. S. Bankruptcy Court, No. 16-24179-beh, Chapter 11, Green Box NA Green Bay, LLC

Vance D. Reed, of Oneida, pleaded no contest to two counts of first-degree intentional homicide in a hearing before Outagamie County Judge Mark McGinnis. Each charge carries a mandatory life sentence in the state prison system. …

Reed was charged in the deaths of Harry Brown Bear, 77, and his wife, Lorraine Brown Bear, 67. The couple was known in the community and people often visited them at their home, prosecutors said previously.

On Sept. 14, officers were sent to check on the couple, who had not been seen in a few days, and found them dead inside.

Reed explained to McGinnis on Thursday how he committed the murders. He said he was hanging out with the couple at their home, socializing, catching up and drinking alcohol.

“Something happened. … I grabbed a knife and I took the lives of the Brown Bears,'” he said.

There’s no explanation as to why he did what he did, Reed said.

See also:

•  $1 Million Bond For 19-Year-Old Oneida Nation of Wisconsin Member Vance Reed In “Extremely Violent” Alcohol-Fueled Stabbing Murders Of Harry & Lorraine Brown Bear On ONW Reservation; Slashed Throat & Multiple Stab Wounds Made “Incredibly Gruesome, Bloody Scene”; Brown Bears’ Gun Found At Reed’s House; Reports Of ONWI Members & Officials – Including Oneida Nation High School Principal Artley Skenandore Jr. – Seeking Access To Double Homicide Scene To Seize Brown Bears’ Belongings


Oneida Eye has received multiple reports that Oneida Nation in Wisconsin members, including Oneida Nation High School Principal Artley Skenandore Jr., have made repeated – sometimes daily – requests to the Oneida Business Committee, the Oneida Housing Authority, and the Oneida Police Dept. (where Artley’s wife OPD Lieutenant Lisa Drew Skenandore / Lisa Skenandore works) to gain access to the murder scene in order to take possession of Harry & Lorraine Brown Bears’ belongings, claiming that they had been ‘promised’ certain items by the Brown Bears.

05/05/16 : May 5, 2016 OBC Emergency Meeting Minutes – Draft, 

Present: Vice-Chairwoman Melinda J. Danforth, Secretary Lisa Summers, Council members Fawn Billie, Tehassi HIll, David Jordan, Jennifer Webster;

Not present: Councilman Brandon Stevens;

Arrived at: Chairwoman Tina Danforth at 3:17 p.m., and Treasurer Trish King at 3:08 p.m.

Others present: Dale Wheelock, Scott Denny, Jim Bittorf, RaLinda Ninham-Lamberies, Larry Barton, Jo Anne House …

Chairwoman Tina Danforth arrives at 3:17 and assumes responsibility of the Chair.

Councilman Tehassi Hill departs at 3:40 p.m. …

A. New Business

1. Approve limited waiver of sovereign immunity – Attorney Retainer Contract # 2016-0470
Sponsor: Jo Anne House, Chief Counsel

Motion by Jennifer Webster to approve the limited waiver of sovereign immunity – Attorney Retainer Contract # 2016-0470, seconded by Trish King. Motion carried unanimously:

Ayes: Melinda J. Danforth, Fawn Billie, David Jordan, Trish King, Lisa Summers, Jennifer Webster

Not present: Tehassi Hill, Brandon Stevens

Motion to have the Chair and Vice-Chair as additional primary points of contact for this issue.

Ayes: Fawn Billie, David Jordan, Trish King, Lisa Summers, Jennifer Websrer

Abstained: Melinda J. Danforth

Not Present: Tehassi Hill, Brandon Stevens

Oneida Eye reported at the time:

Sources tell Oneida Eye that the Oneida Business Committee has added an additional $400,000 of GTC’s money to a Purchase Order originally created in Fiscal Year 2014 [RDO-67350-14-PO] to pay for the services of law firm Whyte Hirschboek & Dudek, and that a federal grand jury has been convened regarding illegal activities at the Oneida Housing Authority as well as the Oneida Business Committee’s refusal to provide information & documentation to HUD and to the FBI.

It remains unclear when – or if – the Finance Committee voted to approve OBC’s use of that additional $400,000 of Tribal money.

05/06/16 : May 6, 2016 Transcript of Arraignment Hearing for Ronald H. Van Den Heuvel, U.S. District Court, Eastern District of Wisconsin Criminal Case No. 16-CR-64, U.S.A. v. Ronald H. Van Den Heuvel, Paul J. Piikkila, and Kelly Yessman Van Den Heuvel  [18 pages]

De Pere businessman Ron Van Den Heuvel, his wife Kelly Van Den Heuvel, and banker Paul Piikkila all pleaded not guilty to charges of bank fraud in federal court on Friday. …

Eastern District of Wisconsin Judge William Griesbach ordered all three defendants to surrender their passports and scheduled trials to begin July 11.

While no bond was required for Kelly Van Den Heuvel or Piikkila, U.S. Attorney Mel Johnson requested a $300,000 property bond for Ron Van Den Heuvel, saying that a number of factors about him “give the government pause” including: a warrant issued for his arrest last month in a civil case involving unpaid loans loans from the Wisconsin Economic Development Corp. and other lenders, his decision to file for bankruptcy for one of his companies to quash the warrant, and Van Den Heuvel’s consistent over-inflation of his wealth and business interests.

Johnson said Van Den Heuvel listed more than $800 million in assets in court documents, but less than $700 in cash.

Griesbach agreed to set the property bond, until Nancy De Podesta [of Arnstein & Lehr LLP], Van Den Heuvel’s defense attorney, said he did not actually own the house in the town of Lawrence that was to be posted as bond. Wisconsin Circuit Court records indicate the house on Lost Dauphin Road was foreclosed on by Manchester Mortgage Co. in 2009.

“His financial statement listed the house as an asset with no mortgage,” Johnson said.

Griesbach said he will revisit the bond issue when the case continues at 3:30 p.m. May 16.

Prosecutors say loan officer Paul Piikkila provided more than $1 million in loans to Ron and Kelly Van Den Heuvel and their businesses even after the bank Piikkila worked for told him not to.

A federal indictment says they used other people — often the Van Den Heuvels’ relatives or employees — to apply for loans but the money would actually go to the Van Den Heuvels. The US Department of Justice says the loans were never repaid, except for one, and the bank lost nearly $1 million on loans to the Van Den Heuvels and their straw borrowers.

An arrest warrant was issued for Ron Van Den Heuvel when he failed to respond to law enforcement, but that was dismissed after Van Den Heuvel filed for bankruptcy late last month.

He was noticeably agitated after entering not guilty pleads to the 13 counts against him. He told his attorney it was difficult to listen to the accusations made against him, to a point his attorney even told him to keep his voice down. …

The federal court in Green Bay ordered them to surrender their passports and check in regularly with a court officer.

Their trial is scheduled to start July 11 and take about a week, but defense attorneys said they may need more time to prepare.

Neither the defendants nor their attorneys would comment after the proceedings.

During court, the U.S. attorney said, “There are a number of factors of Mr. Van Den Heuvel that give the government pause.”

The attorney went on to say Van Den Heuvel claimed his net worth to be more than $700 million but after further review, the court found he only had around $682 in his bank account. 

The judge ordered Ron Van Den Heuvel to pay a property bond of $300,000. The court says Van Den Heuvel owned his home but the defense disagreed and told the judge he does not own the home. 

The judge noted both sides will have until May 16 to come to an agreement on bond. 

Van Den Heuvel’s and Piikkila did not comment after court. A trial date was set for July 11. 

If convicted Van Den Heuvel could face a maximum penalty of 365 years and Kelly could face up to 65 years behind bars. 

Piikkila could face up to five years behind bars if convicted.

Search warrants indicate Van Den Heuvel also defrauded the state’s economic development agency [Wisconsin Economic Development Corp. / WEDC].

05/10/16 : May 10, 2016 Minutes of Special Unit Holder Meeting of Green Box NA Green Bay, LLC, U. S. Bankruptcy Court, Wisconsin Eastern District Docket No. 16-24179-beh, Chapter 11, Green Box NA Green Bay, LLC

05/18/16 : According to the Court Record of Events, Oneida Co. Case No. 13-FA-85, DIVORCE in re: the marriage of Wallace James Hilliard and Patricia Ann Hilliard:

“1:01 p.m. Respondent Patricia Ann Hilliard appeared by phone means. Attorney Todd R McEldowney in court for Petitioner Wallace James Hilliard. Petitioner Wallace James Hilliard not in court. Court questions parties. Discussion. Court orders Mr Hilliard through counsel to provide 1/2 of net amount of United Healthcare payment to Patricia within 5 days of receipt with documentation showing total amount of payment, shares, deductions, etc – her share would be approximately $2,000. Discussion. Mr Hilliard now appears in courtroom. Court statements – advises her to contact attorney Kevin Scott and advise him of forthcoming money so that she can retain him. McEldowney to draft. 1:21 p.m.”

05/25/16 : The Morning Call:  Hellertown, Pennsylvania Woman Admits Guilt in $54 Million Ponzi Scam

05/26/16 : Law360.com:  Pennsylvania Woman Pleads To $54 Million Green Energy Ponzi Scheme


• May 26, 2016 –
Tribe looking into
waste-to-energy program
The Eastern Band of Cherokee Indians
in North Carolina is currently looking into
a waste-to-energy process known as
pyrolysis at the Tribal Transfer Station
 –  by Scott McKie /
Cherokee One Feather

A machine currently located at the Tribal Transfer Station off of Olivet Church Road looks like something out of “Charlie and the Chocolate Factory”, but it is the future of waste disposal and energy production according to the Tribe’s energy program coordinator.

The machine is running a two-week demonstration of pyrolysis (thermal distillation) which converts recycled bottles, old tires and other waste into a synthesis gas known as Pyrogas. “This process has been around since World War II,” said Cameron Cooper, who garnered three grants from the Department of Energy and Mineral Development for the Eastern Band of Cherokee Indians totaling over $750,000 to study this process. …

The machine that is being used for the two-week demonstration came from American Renewable Technologies Inc. [ARTI] based in Los Angeles. …

The second part of the grant is the two-week demonstration itself, and the third portion of the grant will allow for a prolonged demonstration and allow Cooper and staff to experiment with different feed stocks and municipal solid wastes. …

Cooper said the reason for the two-week demonstration is easy. “I wanted to bring it here for the Cherokee people to see. I want them to come out here to kick the tires so to speak. I didn’t want them to get the wrong impression that it was an incinerator. I didn’t just want to submit a business plan. I wanted people to feel it, touch it, smell it, see it.”

 

05/27/16 : May 27, 2016 Court Minutes for Motion Hearing for Motions by Ability Insurance Company (joined by Little Rapids Corporation), U. S. Bankruptcy Court, Docket No. 16-24179-beh, Chapter 11, Green Box NA Green Bay, LLC

05/28/16 : May 27, 2016 Court Minutes for Motion Hearing for Motions by Ability Insurance Company (joined by Little Rapids Corporation), U. S. Bankruptcy Court, Docket No. 16-24179-beh, Chapter 11, Green Box NA Green Bay, LLC

06/08/16 : June 8, 2016 Order by U.S. Tax Court Judge Kathleen Kerrigan for the subpoena of accounting firm Schenck SC regarding VHC Inc.’s estranged-relative/debtor Ron Van Den Heuvel, U.S. Tax Court Dockets No. 4756-15 & 21583-15, VHC, Inc. & Subsidiaries, et al  v.  Commissioner of the Internal Revenue Service

06/12/16 : Gren Bay Press-Gazette: 5 Federal Agencies investigating Ron Van Den Heuvel and Green Box NA

06/16/16 : June 15, 2016 Court Minutes regarding rescheduling of Evidentiary Hearing, U. S. Bankruptcy Court, Docket No. 16-24179-beh, Chapter 11, Green Box NA Green Bay, LLC

06/16/16 : June 16, 2016 Motion to Withdraw as Counsel, U.S. District Court, Eastern District of WI, Docket No. 16-CR-64,  United States of America  v.  Ronald Van Den Heuvel 

06/27/16 : June 27, 2016 Court Minutes, U.S District Court, Eastern District of WI, Docket No. 16-CR-64,  United States of America  v.  Ronald Van Den Heuvel

 

06/30/16 : Law360.com:  Wisconsin Firm VHC Inc. Wins OK To Subpoena Accountants Schenck SC In $17 Million Tax Row

07/01/16 : 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]

 

“10:32 a.m. Petitioner Wallace James Hilliard in court with attorney Todd R McEldowney. Respondent Patricia Ann Hilliard in court. Court questions McEldowney regarding contested issues. Court questions Patricia – not disputing validity of prenuptual agreement. McEldowney statements. Wallace called, sworn, direct by McEldowney. Petitioner’s Exhibits 1-17 (exhibit list provided to court for exhibits 1-19) and 20 (acknowledgement page of prenup) marked by McEldowney, offered, received. FDS is true and correct (exhibit 2). Asks court to adopt Proposed Findings. Waives maintenance. Marriage is irretrievably broken. Cross by Patricia. Court recessed at 12:10 p.m. Court to reconvene at 1:15 p.m.”

“Back on the record at 1:16 p.m. Petitioner Wallace James Hilliard in court with attorney Todd R McEldowney. Respondent Patricia Ann Hilliard in court. Patricia continues cross. Respondent’s Exhibits 21 (copy of check from United Healthcare Svs), 22 (Hilliard Limited Partnership doc), 23 (American Generator articles), 24 (DeWitt bill), 25 (phone numbers, Western Union receipt, handwritten page) and 26 (promissory note) marked by Patricia, offered, received. Redirect by McEldowney. Patricia called, sworn, direct by McEldowney. Marriage is irretrievably broken. Not pregnant. Petitioner’s Exhibits 27 (interrogatories), 28 (motion for living expenses), 29 (5/5/16 correspondence), 30 (First National Bank account) and 31 (River Valley Bank account) marked by McEldowney, offered, received. All exhibits received (including 18 and 19). Court statements to issues. Court schedules for 7/8/16 at 10:30 a.m. 3:47 p.m. Contested divorce scheduled for July 8, 2016 at 10:30 am.”

07/06/16 : VIDEO – JULY 6, 2016 ONWI GENERAL TRIBAL COUNCIL SPECIAL MEETING excerpt

OBC Chair Cristina Danforth admits that her travel schedule for her other jobs and the incompetence of her staff resulted in A LOSS OF $4 MILLION to the Oneida Nation of Wisconsin due to her failure to respond to an email from the U.S. Government re: guaranteed Rx costs reimbursement 

07/07/16 : WBAY:  Defendant in loan scheme reaches plea agreement

 

07/08/16 : Green Bay Press Gazette,  Van Den Heuvel banker Paul Piikkila pleads guilty in fraud case

 

“10:40 a.m. Respondent Patricia Ann Hilliard in court. Petitioner Wallace James Hilliard not in court. Attorney Todd R. McEldowney in court for Petitioner Wallace James Hilliard. Court statements. Court questions McEldowney. Court questions Patricia. Patricia statements. McEldowney statements. Patricia statements. Court questions Patricia. Court recessed at 10:46 a.m.”

“Back on the record at 11:42 a.m. Petitioner Wallace James Hilliard in court with attorney Todd R. McEldowney. Respondent Patricia Ann Hilliard in court. Petitioner’s Exhibits 32-37 marked by McEldowney. Court statements to respondent’s brief. Patricia called, sworn. Patricia statements to court. McEldowney statements. Court statements – her right to challenge credit amounts is preserved, can re-address if need be after other rulings have been made. Patricia continues statements. Respondent’s Exhibits 38 (federal court order distributing sale proceeds), 39 (Hilliard family foundation and charitable donations), 40 (investment company – American Generator), 41 (letter to J.M. listing investment entities) and 42 (Small Claims pleading) marked by Patricia, offered. McEldowney objects to Exhibit 41. Objection sustained. Exhibit 41 withdrawn. Respondent’s Exhibits 38-40 and 42 received. Court recessed at 12:10 p.m.”

“Back on the record at 1:18 p.m. Petitioner Wallace James Hilliard in court with attorney Todd R. McEldowney. Respondent Patricia Ann Hilliard in court. Patricia re-called, still under oath, cross by McEldowney. Petitioner’s Exhibits 32-35 offered, received. Patricia statements. Wallace called, sworn, direct by McEldowney. Cross by Patricia. Off record at 2:10 p.m. Back on record at 2:13 p.m. Respondent’s Exhibit 43 (schedule of gains/losses for trust) marked by Patricia, offered, received. Patricia continues cross. Petitioner’s Exhibits 36 and 37 offered, received. McEldowney makes closing argument. Patricia makes closing argument. Rebuttal from McEldowney. Off record at 3:21 p.m. Back on record at 3:30 p.m. Court makes oral ruling – pursuant to prenup agreement maintenance is waived, can’t say maintenance would be awarded in absence of agreement, not substantially unfair to enforce agreement as written; finds foundation does not provide source of funds that he can access pursuant to court order, therefore to require/order him to pay an excess of $100,000 is not substantially fair, but he should be ordered to make all reasonable efforts in good faith to acquire charitable contributions for children’s schooling; will not enforce any judgment relative to promissory note; pursuant to agreement attorney fees are to be paid by each party individually. McEldowney statements to attorney fees. Court responds – not ordering her to pay his attorney fees. McEldowney statements. Court continues oral ruling – agreement relative to alimony calls for no maintenance and is not substantially unfair, agreement relative to account for education of children is not substantially fair although it is fair for him to make good faith efforts to try to obtain charitable contributions through the foundation, finds by challenging the agreement she has foregone right to have her attorney fees paid by Wallace, not substantially fair that she be on hook for his attorney fees, if there has been a non-disclosure of her assets then court could reconsider, not substantially fair to order either party to pay funds, 1/2 of net of grossed up payment from United Health shall be paid to Patricia, adopts proposed Findings submitted by McEldowney as modified on record. McEldowney clarifies order. Court finds jurisdictional requirements have been met—-Court accepts the testimony of parties—-his FDS is a true/accurate reflection of finances and disclosure has been made to the other party–provisions for property/debt division are fair and reasonable–120 days have passed since filing. Wife is not pregnant. Court grants judgment of divorce. May not remarry for 6 months. McEldowney to draft Findings. 4:21 p.m.”

•  MONEY JUDGMENT 1: $5,323.79; DEBTOR PATRICIA ANN HILLIARD
•  MONEY JUDGMENT 2: $4,286.16; DEBTOR PATRICIA ANN HILLIARD

 

07/09/16 : Wisconsin State Journal, Loan officer in Ron Van Den Heuvel bank fraud case enters plea deal

 

07/10/16 : Wisconsin Gazette, Ex-Banker to plead guilty in fraud case against WEDC recipient

 

07/13/16 : Milwaukee Journal Sentinel, WEDC backpedals on gag order for board members

07/14/16 : Wiscsonsin Gazette, Lawmakers blast Republican attempt to impost gag order on WEDC board members

07/15/16 : July 15, 2016 Court Minutes, Telephone Status Conference for Ronald H. Van Den Heuvel, U.S. District Court, Eastern District of Wisconsin Criminal Case No. 16-CR-64,  U.S.A.  v.  Ronald H. Van Den Heuvel, Paul J. Piikkila, and Kelly Yessman Van Den Heuvel

07/17/16 : Milwaukee Journal Sentinel – On, Wisconsin, WEDC Gag Order: Another bad idea from government officials

 

07/22/16 : July 22, 2016 Change of Plea Hearing Minutes for Paul J. Piikkila, U.S. District Court, Eastern District of Wisconsin Criminal Case No. 16-CR-64, U.S.A. v. Ronald H. Van Den Heuvel, Paul J. Piikkila, and Kelly Yessman Van Den Heuvel

07/25/16 : Law360.com:  IRS Asks To Nix Expert Report In $92 Million Bad Debt Write-Off Row re: VHC, Inc., estranged family member Ron Van Den Heuvel, and Sharad Tak‘s Tak Investments / ST Paper / et al.

 

07/28/16 : July 28, 2016 Opinion & Dissent, Wisconsin Supreme Court Case No. 14-02, In the matter of the Petition to Amend/Dissolve Wisconsin Statute § 801.54 Discretionary Transfer of Civil Action to Tribal Court

08/04/16 : August 4, 2016 Court Minutes, Bond Review Hearing for Ronald H. Van Den Heuvel, U.S. District Court, Eastern District of Wisconsin Criminal Case No. 16-CR-64, U.S.A. v. Ronald H. Van Den Heuvel, Paul J. Piikkila, and Kelly Yessman Van Den Heuvel

08/10/16 : FULL VIDEO – August 10, 2016 General Tribal Council Meeting (Original Meeting; 4 hours) later reconvened on October 2, 2016 (1st Reconvened; 4 hours), and concluded on November 14, 2016 (2nd Reconvened; 4 hours)

…with Special Guest, Attorney Joe Nicks of…

08/11/16 : August 11, 2016 Notice of Debtor’s Motion for an Order Extending Exclusive Periods for Filing Chapter 11 Plan of Reorganization, U. S. Bankruptcy Court, Docket No. 16-24179-beh, Chapter 11, Green Box NA Green Bay, LLC

08/22/16 : August 22, 2016 Appearance Bond for Ronald H. Van Den Heuvel for 16-CR-64 signed by Surety/Property Owner Manchester Mortgage Company, LLC’s authorized agent Daniel R. Boynton, U.S. District Court, Eastern District of Wisconsin Criminal Case No. 16-CR-64, U.S.A. v. Ronald H. Van Den Heuvel, Paul J. Piikkila, and Kelly Yessman Van Den Heuvel

08/24/16 : August 24, 2016 Order Denying Motion to Exclude Expert Testimony & Report of Mark Kucik, U.S. Tax Court Docket Nos. 4756-15 & 21583.15,  VHC Inc. et al  v.  Commissioner of Internal Revenue

08/26/16 : August 26, 2016 U.S. Trustee’s Motion to Dismiss or Convert Case to Chapter 7, U.S. Bankruptcy Court, Docket No. 16-24179-beh, Chapter 11, Green Box NA Green Bay, LLC

08/30/16 : August 30, 2016 Notice of Renewed Motion of Ability Insurance Company for Relief from Stay Pursuant to 11 U.S.C. §362(D)(1), U. S. Bankruptcy Court, Docket No. 16-24179-beh, Chapter 11, Green Box NA Green Bay, LLC

 

08/31/16 : August 31, 2016 Court Minutes of Telephonic Status Conference of Counsel Only, U.S. District Court, Eastern District of Wisconsin Criminal Case No. 16-CR-64,  U.S.A.  v.  Ronald H. Van Den Heuvel, Paul J. Piikkila, and Kelly Yessman Van Den Heuvel

09/01/16 : September 1, 2016 Court Minutes and Order, Adjourned Scheduling Conference, U.S. Bankruptcy Court, Docket No. 16-24179-beh, Chapter 11, Green Box NA Green Bay LLC

09/07/16 : September 7, 2016 Criminal Complaint, Brown County Case No. 2016CM1239, State of Wisconsin  v.  [Green Bay Mayor] James J. Schmitt

 

 

09/09/16 : September 9, 2016 Complaint, U.S. District Court, Eastern District of Wisconsin, Green Bay Division, Case No. 16-CV-1217,  ONWI  v.  Village of Hobart

09/14/16 : September 14, 2016 Green Box NA Green Bay LLC’s Objection to United States Trustee’s Motion to Dismiss or Convert Joined In by Ability Insurance Company, U.S. Bankruptcy Court, Docket No. 16-24179-beh, Chapter 11, Green Box NA Green Bay LLC

09/15/16 : September 15, 2016 Order by U.S. Tax Court Judge Kathleen Kerrigan denying Motion to Quash or Modify Subpoena by non-parties Tak Investments LLC, ST Paper LLC and Sharard Tak filed on September 9, 2016, Docket Nos. 4756-15 & 2153-15,  VHC Inc. & Subsidiaries  v.  Commissioner of Internal Revenue 

 

09/16/16 : September 16, 2016 Atty. Brittany S. Ogden’s Declaration in Support of Cliffton Equities, Inc’s Joinder to United States Trustee’s Motion to Dismiss or Convert Case to Chapter 7  [with Exhibits A–G], U. S. Bankruptcy Court, Docket No. 16-24179-beh, Chapter 11, Green Box NA Green Bay LLC

09/19/16 : September 19, 2016 Amended Declaration Concerning Debtor’s Schedules, U. S. Bankruptcy Court, Docket No. 16-24179-beh, Chapter 11, Green Box NA Green Bay LLC

09/20/16 : September 20, 2016 Superseding Indictment (including 9 New Counts For a Total of 19), U.S. District Court, WI Eastern District Docket No. 16-CR-064, UNITED STATES OF AMERICA V. RONALD H. VAN DEN HEUVEL, PAUL J. PIIKKILA, and KELLY Y. VAN DEN HEUVEL 

Added 6 counts involving Ron giving son-in-law Patrick Hoffman two Cadillac Escalades belonging to EARTH/Reclamation Technology Systems, LLC, and using them to obtain multiple fraudulent loans.

09/21/16 : WLUK,  De Pere businessman facing more charges

09/26/16 : September 26, 2016 Disclosure Statemebt of Debtor Green Box NA Green Bay LLC, U.S. Bankruptcy Court, WI Eastern District Docket No. 16-24179-beh, Chapter 11, Green Box NA Green Bay LLC

09/28/16 : September 28, 2016 First Amended Complaint for Declartory and Injunctive Relief, U.S. District Court, Eastern District of Wisconsin, Green Bay Division, Case No. 16-CV-1217,  ONWI  v.  Village of Hobart

09/30/16 : AUDIO – September 30, 2016, 10:03 A.M. Session: Evidentiary Hearing on UST’s Motion to Dismiss and Ability Insurance Company’s Renewed Motion for Relief from Stay [Run Time: 01:46:48], U. S. Bankruptcy Court, Wisconsin Eastern District Docket No. 16-24179-beh, Chapter 11, Green Box NA Green Bay, LLC

10/02/16 : FULL VIDEO – October 2, 2016 ONWI GENERAL TRIBAL COUNCIL MEETING  (4 hours) reconvened from August 10, 2016  (Original Meeting; 4 hours), and concluded on November 14, 2016 (2nd Reconvened; 4 hours)

 

10/03/16 : 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

10/4/16 : WBAY,  Ron Van Den Heuvel pleads not guilty to six more bank fraud charges

10/05/16 : October 5, 2016 Order Vacating Sealed Order Re: Interim Billing, U.S. District Court, Eastern Wisconsin, Docket No. 16-CR-64,  U.S.A.  v.  Ron Van Den Heuvel, Paul Piikkila, and Kelly Van Den Heuvel

10/10/16 : October 10, 2016 Atty. Kristen Viglione [Schiff Hardin LLP] Motion For Leave To Withdraw as Counsel for Kelly Van Den Heuvel,  U.S. District Court, Eastern Wisconsin, Docket No. 16-CR-64,  U.S.A.  v.  Ron Van Den Heuvel, Paul Piikkila, and Kelly Van Den Heuvel

10/12/16 : October 12, 2016 Defendant Quotient Partners’ Answer to Original Complaint, Affirmative Defenses and Counterclaims Against Plaintiff, Brown Co. Case No. 16CV1137,  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]

10/15/16 : October 15, 2016 Decision & Order Denying U.S. Trustee’s Motion to Dismiss, U. S. Bankruptcy Court, Wisconsin Eastern District Docket No. 16-24179-beh, Chapter 11, Green Box NA Green Bay, LLC

10/17/16 : October 17, 2016 Notice of Appearance & Request by U.S. Securities & Exchange Commission Senior Bankruptcy Counsel Angela D. Dodd, U. S. Bankruptcy Court, Wisconsin Eastern District Docket No. 16-24179-beh, Chapter 11, Green Box NA Green Bay, LLC

10/18/16 : October 18, 2016 CH2E Nevada LLC’s Motion to Compel American Combustion Technology Inc. to Produce Requested Documents, w/ EXHIBITS A–B, U.S. District Court, District of Nevada/Las Vegas, Case No. 2:15CV694, CH2E Nevada LLC v. Abdul Latif Mahjoob & American Combustion Technologies Inc. / ACTI

10/19/16 : AUDIO – October 19, 2016, 10:08:14 A.M., Hearing re: (1) Approval of Debtor’s Disclosure Statement and (2) Expedited Motion to Shorten Time to object [Run Time  00:32:09], U.S. Bankruptcy Court, Wisconsin Eastern District Docket No. 16-24179-beh, Chapter 11, Green Box NA Green Bay, LLC

10/24/16 : Lawrence Journal-World: Victim of alleged Haskell University dorm rapes sues school under Title IX; Woman says she was treated unfairly by Haskell as lengthy criminal cases against two men slogged on

10/26/16 : Green Bay Press-Gazette: Village of Hobart Board urges caution with Oneida Nation of Wisconsin business receipts

10/28/16 : October 28, 2016 First Amended Complaint, Brown Co. Case No. 16CV1137,  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]

10/31/16 : October 2016 Green Box NA Green Bay LLC’s Monthly Expenses Report

 

11/01/16 : November 1, 2016 American Combustion Technologies of California Inc. / ACTI’s Opposition to CH2E Nevada LLC’s Motion to Compel & Request to Amend Stipulated Protective Order, U.S. District Court, District of Nevada/Las Vegas, Case No. 2:15CV694, CH2E Nevada LLC v. Abdul Latif Mahjoob & American Combustion Technologies Inc. / ACTI

11/04/16 : November 4, 2016 Motion to File Under Seal by Ronald H. Van Den Heuvel, 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 Yessman Van Den Heuvel

11/08/16 : November 8, 2016 Motion To Extend Deadline By 24 Hours To File 1st Amended Disclosure Statement by Atty. Paul G. Swanson of Steinhilber Swanson LLP on behalf of Debtor In Possession Green Box NA Green Bay, LLC, U.S. Bankruptcy Court, Wisconsin Eastern District Docket No. 16-24179-beh, Chapter 11, Green Box NA Green Bay LLC

11/09/16 : November 9, 2016 Motion to File Under Seal by Ronald H. Van Den Heuvel, 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

11/14/16 : FULL VIDEO – November 14, 2016 GTC Meeting November 14, 2016 (4 hours) re: conclusion of GTC Meetings reconvened from October 2, 2016 ONWI General Tribal Council Meeting (1st Reconvened Mtg; 4 hours), and previously reconvened from August 10, 2016  (Original Meeting; 4 hours)

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.

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. [Rescind GTC’s 12/15/13 vote to Dissolve OSGC] from the table. Seconded by Allen King. Motion failed by show of hands.

11/16/16 : November 16, 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 Piikkila, and Kelly Van Den Heuvel

11/17/16 : WLUK:  New Trial Date In Van Den Heuvel Bank Fraud Case

 

11/18/16 : November 18, 2016 Objection to Jairo Huilar’s Motion for Allowance and Payment for Administration and Expense Claim, filed on November 22, 2016 by Atty. Paul G. Swanson, U.S. Bankruptcy Court, Wisconsin Eastern District Docket No. 16-24179-beh, Chapter 11, Green Box NA Green Bay LLC

11/21/16 : Green Bay Press-Gazette: New charges filed in Green Box fraud case

 

11/23/16 : November 23, 2016 Court Minutes and Order from the November 21, 2016 Hearing regarding Approval of the Debtor Green Box NA Green Bay LLC’s 1st Amended Disclosure Statement; the Court declined to approve Green Box’s 1st Amended Disclosure Statement, U.S. Bankruptcy Court, Wisconsin Eastern District Docket No. 16-24179-beh, Chapter 11, Green Box NA Green Bay LLC

11/28/16 : November 28, 2016 State’s Sentencing Memorandum, Brown Co. Case No. 16CM1239,  State of Wisconsin  v.  James J. Schmitt

 

 

11/29/16 : November 29, 2016 Letter from US Dept. of Justice regarding the pretrial motion schedule, U.S. District Court, Eastern District of Wisconsin, Docket No. 16-CR-64, U.S.A. v. Ronald H. Van Den Heuvel, Paul J. Piikkila, and Kelly Yessman Van Den Heuvel

11/30/16 : November 30, 2016 Motion to File Under Seal by Ronald H. Van Den Heuvel, U.S. District Court, Eastern District of Wisconsin, Docket No. 16-CR-64, U.S.A. v. Ronald H. Van Den Heuvel, Paul Piikkila, and Kelly Yessman Van Den Heuvel

12/01/16 : December 1, 2016 Green Box NA Green Bay LLC’s 2nd Amended Plan of Reorganization, U.S. Bankruptcy Court, Wisconsin Eastern District Docket No. 16-24179-beh, Chapter 11, Green Box NA Green Bay LLC

12/02/16 : December 2, 2016 DECISION and ORDER signed by Chief Judge William C. Griesbach, U.S. District Court, Eastern District of Wisconsin, Case No. 1:2014CV1203, Tissue Technology LLC, Partners Concepts Development Inc, Oconto Falls Tissue Inc., and Tissue Products Technology Corp.  v.  TAK Investments LLC

 

Abdul Latif Mahjoob

12/05/16 : December 5, 2016 Order Granting Plaintiff’s Motion to Compel Defendants Mahjoob et al. to Produce Documents, U.S. District Court, District of Nevada/Las Vegas, Case No. 2:2015CV694, CH2E Nevada LLC v. Abdul Latif Mahjoob & American Combustion Technologies Inc. / ACTI

This action arises out of a business dispute. … Plaintiff purchased specialized equipment from [Abdul Latif Mahjoob & American Combustion Technologies Inc. / ACTI], which allegedly did not perform as promised. …

Additionally, [Abdul Latif Mahjoob & ACTI] 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.

CLICK HERE FOR TIMELINE PART 9

 

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