Reply #6: What has happened in the civil suit naming Volz?

[L. Coyote]

From: http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=389&topic_id=1669387&mesg_id=1673449

Abramoff colleague/co-defendant wants out of civil case
Submitted by crew on 27 September 2006 - 11:26am.


Lots of Jack Abramoff related court news today. The Hill reports that one of Abramoff's co-defendants wants to be removed from a civil suit brought by the Alabama-Coushatta tribe of Texas:

A former colleague of disgraced lobbyist Jack Abramoff has asked a federal court to dismiss civil charges filed by a Texas Indian tribe that both lobbyists represented, claiming lack of jurisdiction.

Jon van Horne, who worked alongside Abramoff at Greenberg Traurig, filed a motion Thursday to dismiss fraud and racketeering charges against him in U.S. District Court. The suit, brought by the Alabama-Coushatta Tribe of Texas, names as defendants Abramoff, van Horne, former Christian Coalition head Ralph Reed, former Rep. Tom DeLay’s (R-Texas) aide, Michael Scanlon, and former Rep. Bob Ney’s (R-Ohio) chief of staff, Neil Volz.

The Texas tribe alleges that Abramoff and his three fellow lobbyists worked with Reed to misrepresent ...............

============================
Perhaps this is a different attorney writing, as the style is slightly different; I'm not having to change brackets to parenthesis!
It also antedates the others.

COMMENT:

RICO + RICO + RICO = RICO
Submitted by Anonymous on 27 September 2006 - 2:55pm.
http://www.citizensforethics.org/node/26669#comment-10

RICO + RICO + RICO = RICO.

The Tigua reservation and Alabama-Coushatta reservation were both created under the same Restoration Act of 1987. That Act, with the express agreement of these Tribes, prohibited gambling on the reservations. 25 U.S.C. 1300g-6, see also Ysleta Del Sur v. Texas, 36 F.3d 1325 (5th Cir. 1994). To add other complications, neither the Tigua nor AC were eligible to obtain a license to engage in gambling or gaming under the Indian Gaming Regulation Act (IGRA). The IGRA requires a State-Tribal agreement to engage in Class II gambling (cards, dice, etc.) and Class III gaming (slot machines, etc.). The IGRA reserved the power to the Department of Justice to prosecute violations of both the Federal and State laws where the respective reservation is located. 18 U.S.C. 1166(d).

It still remained undisclosed about the non-Indian gambling enterprise that actually designed, financed, supplied and developed the Speaking Rock Casino on the Tigua Reservation and managed and operated that illegal casino without State or Federal authority for approximately 8 years. The Class II Management Agreement between U.S., Tivolino, a/k/a Swiss Casinos of America, Inc. and its wholly owned subsidiary, Seven Circles Resorts, and the Ysleta Del Sur (Tigua) only recently appeared on the National Indian Gaming Commission web site.

The limitations placed upon gambling and gaming on the Tribal trust lands created under the Restoration Act of 1987 were clear and known to both the Tigua and the Alabama-Coushatta when they opened the casinos. The Texas Constitution and statutory laws prohibited gambling and gaming and made it a crime. Federal law made the State law the ultimate authority. The State of Texas officially reported the Tigua’s illegal gambling and gaming enterprise as early as 1996. The U.S. Department of Justice did nothing about this illegal gambling enterprise on the reservation trust property.

From 1998 on, the Tigua were making substantial campaign contributions to the Texas Democratic Party and to Democratic candidates. These contributions were made from the proceeds of the illegal Class III gaming enterprise. The Tigua enterprise also tried to bribe Texas officials by offering the State a percentage of the illegal gambling and gaming proceeds. This bribe, or offer if one is so inclined, was rejected by Texas State officials. Texas Governor, George W. Bush, Jr. thereafter ordered an investigation and study to be conducted into illegal Indian reservation gambling in Texas. The final investigation report found two Indian tribes to be illegally gambling in Texas, namely the Kickapoo and the Tigua. The Clinton administration did not take any corrective action against the illegal enterprises on the Indian reservations.

On September 27, 1999, Texas Attorney General, John Cornyn, commenced an injunction action against the Ysleta del Sur (Tigua) in the U.S. District Court in El Paso Texas. One year later, on September 27, 2001, the Federal trial court found the Tigua to be operating a highly lucrative illegal gambling enterprise and ordered the casino closed by November 30, 2001. See: Texas v. Ysleta Del Sur, 220 F.Supp.3d 688 (WDT 2001). This Court Order and injunction against the Tigua again mentions the Alabama-Coushatta. The Tigua appealed and obtained a temporary stay of the trial court order and an extension of time to close the casino. The Tigua Speaking Rock Casino was finally closed on January 9, 2002 when the extension granted by the 5th Circuit Court of Appeals expired. On January 17, 2002, the 5th Circuit Court of Appeals affirmed the trial court order and injunction. See: Texas v. Ysleta Del Sur, Case No. 01-1671. This was appealed to the Supreme Court where certiorari was denied on October 7, 2002. See: Ysleta Del Sur v. Texas, Case No. 01-51129. The matter regarding the Tigua Class II and Class III Speaking Rock Casino being an illegal enterprise within the meaning of RICO was and is res judicata.

Abramoff’s coconspirator, Neil Volz, who is also a defendant in the AC RICO case, plead guilty to the entire criminal information filed against him on May 8, 2006. Mr. Volz plead guilty to the fact that the Tigua (“Texas Tribe #1) casino was an illegal gambling and gaming enterprise and that he and others in the Abramoff team were pursuing a course of actions to influence public official to legitimize and legalize the illegal gambling and gaming enterprise. The Abramoff team solicited and entered into a contract agreement (Operation Open Door) with the Tigua in mid-February, 2002. The Abramoff team were fully aware that the casinos on the Tigua and Alabama-Coushatta reservations were illegal. These two illegal casino enterprises offered and Scanlon and Abramoff received and accepted the illegal proceeds to give effect to the corrupt influence and bribery scheme. This too is properly considered as res judicata. Neil Volz was not charged with defrauding the Tigua. He was charge with bribery and corruptly influencing public officials to reopen the illegal enterprises.

Ohio Representative, Robert Ney also plead guilty to numerous charges arising out of the Abramoff scandal. Mr. Ney was not criminally charged with defrauding the Tigua (Texas Tribe #1) or the Alabama-Coushatta (Texas Tribe #2). Mr. Ney was charged with accepting bribes to reopen these two illegal casinos.

The Alabama-Coushatta were emboldened by the highly lucrative and illegal Tigua Speaking Rock Casino enterprise. In spite of the known fact that the U.S. District Court had already ordered the Speaking Rock Casino to be closed and that the case was on appeal, on November 23, 2001, the Alabama-Coushatta defiantly opened their own illegal Class III casino. On December 11, 2001, four U.S. Congressmen requested a complete investigation into the Alabama-Coushatta casino enterprise, including the financial backers and gambling equipment vendors. Neither the DOJ nor the Department of Interior took any corrective action. Upon another suit commenced by the State of Texas, Attorney General, John Cornyn, the illegal Alabama-Coushatta casino was finally closed on July 24, 2002 by Order of the U.S. District Court. The matter regarding the Alabama-Coushatta Class III Casino being an illegal enterprise within the meaning of RICO was and probably still is res judicata.

The Alabama-Coushatta’s civil RICO case against their former agents, Jack Abramoff, Michael Scanlons, Neil Volz, etc., would appear to be quite the novelty. Ralph Reed, another RICO defendant, was never an agent of the Tigua or Alabama-Coushatta. Ralph Reed’s representative in Georgia has already stated to the press that the Alabama-Coushatta RICO suit was “frivolous” upon grounds that the Alabama-Coushatta were operating an illegal casino enterprise. There are many possible defects in the Alabama-Coushatta RICO suit that could result in dismissal.

It will probably be difficult to maintain a RICO claim if the plaintiff in the case was engaged in an unlawful enterprise and then used the illegal proceeds of that illegal activity to retain agents to assist them to bribe and corruptly influence public officials to legalize their known illegal enterprise. This is particularly true when the plaintiff’s illegal enterprise falls squarely within the RICO statutes and predicate activities too. 18 U.S.C. 1961; 18 U.S.C. 1955; 18 U.S.C. 1166. The pot and the kettle, the pot and thre frying pan are black here and all were cooking the same vile brew.

The Alabama-Coushatta are claiming treble damages to their illegal gambling and gaming enterprise caused by their own hired agents. The damages are claimed to have arisen from the time that the Federal court closed their illegal enterprise on July 24, 2002 to the present. This RICO case may end in a reported case on a dismissal based upon the “Clean Hands Doctrine.” Does anyone have a bar of hotel room soap from the luxurious St. Andrews Golf Course Resort to send to the Alabama-Coushatta enterprise as a conciliation prize?

In addition, the Alabama-Coushatta are claiming that some of the defendants were illegally lobbying in Texas against their prohibited gambling and gaming enterprise while the Alabama-Coushatta and Tigua were also trying to obtain State legislation in their favor through other lobbyists. The RICO complaint does not disclose that some of their pro-gambling lobbyists were also engaged in illegal lobbying in Texas. It also does not disclose that Texas school funds and Texas taxpayer money were used to further their casino enterprises and lobbying efforts. NEXT contestant please- and bring your own chips.

This is Banana Republic and Vegas kind of stuff. RICO plus RICO plus RICO still equals RICO. If nothing else, this case may disclose some of the fine people that have taken up public offices on and off the reservation as well as some of the intricacies of real life backroom dealings that scandalized and dishonored entire Nations.