System fix decision goes against Lamberth; PART TWO

0 Comments | Indian Country Today (Lakota Times), December, 2004 | by Reynolds, Jerry

Reynolds, Jerry Indian Country Today (Lakota Times) 12-29-2004 Both sides take satisfaction in latest trust funds turn WASHINGTON - A federal appeals court panel ruled on Dec. 10 that Judge Royce C. Lamberth could not dictate Indian trust management reform measures to the Interior Department.

The ruling empowers Interior to submit its own reform plans, including a statistical sampling methodology of arriving at monetary losses from the Individual Indian Money trust. Congress and the courts have found Interior in breach of fiduciary duties toward the trust funds. Even so, Lamberth must permit Interior to pursue reform without interference from the court. Besides overruling Lamberth on the fine points of a historical accounting, the appeals panel also voided...