Cobell Payments Being Sent to Wrong Addresses; Special Master Appointed

Rob Capriccioso
12/21/12

 

Reports are surfacing of problems being experienced by some Cobell class members who say that the federal government does not have the correct addresses to send their settlement checks.

Indian appeals of the $3.4 billion Cobell settlement concluded last month, so initial so-called stage 1 checks of $1,000 each for individual class members were supposed to be delivered by Christmas, government officials and Cobell lawyers have said. Stage 2 payments are supposed to go out at a later date.

But it has not been a smooth process for some of the thousands of class members.

“I was alarmed to learn today that the Bureau of Indian Affairs [BIA] has sent 6 year-old address information to the Garden City, New Jersey court-appointed group that is responsible for disbursing the Cobell Indian trust settlement funds,” says Robin Kickingbird, a Kiowa citizen of Norman, Oklahoma.

“I never lived at the old address they had on file. This is my brother's address. I inherited my trust land from my father, who passed away in 2005.”

Kickingbird says that she has received mail concerning her Individual Indian Money account from the Kiowa Agency on a regular basis with no problem, and she regularly receives mail from the Office of the Special Trustee for American Indians in Albuquerque; deposit notifications from the Office of Trust Funds Management; and she has received correspondence from the Anadarko Area Office and Office of Hearings and Appeals all without issue over the last 6 years.

“I don't know how on earth the BIA managed to pull this one address where I never lived to give to the Garden City group,” Kickingbird says, adding that she hopes she has gotten the problem sorted out so that her check will be correctly delivered soon.

There is a larger problem here that Kickingbird finds problematic beyond her own case: “It is just so ironic that BIA is bungling a payment for a lawsuit that was about their bungling and mismanagement.”

Beyond Kickingbird, other Indian class members have said they sent in notarized letters stating their current addresses, but their checks have still reportedly been sent to wrong addresses. Still others have been told they do not have accounts, despite paperwork of their own that indicates otherwise.

To work on solving such problems, Kickingbird suggests that all Indians who are concerned about Cobell payments to directly call the Garden City Group at 1-800-961-6109 toll free, or e-mail info@IndianTrust.com, to be sure that their correct addresses are listed and that the money is being sent to the correct addresses.

Kickingbird and other Cobell class members also hope this situation is not indicative of larger administrative problems, but some think it is not a coincidence that on December 11, Cobell lawyers petitioned the overseeing court for a special master to oversee the payment process.

In the U.S. legal system special masters are sometimes appointed to make sure that certain court orders are followed.

The National Congress of American Indians says it learned that the special master was requested “to oversee the distribution of the funds with a focus on efforts to locate all eligible beneficiaries,” according to a recent press release from the organization.

On December 17, the U.S. District Court for the District of Columbia agreed that a special master was necessary, with Judge Thomas Hogan appointing Judge Richard A. Levie to the position.

According to court papers, Levie will be responsible for considering and approving Stage 1 payment requests, ruling over deceased class members’ claims, and sorting out address issues and appeals.

NCAI is also raising separate concerns about the payments, and has released a public service announcement in order to increase awareness about the possibility of fraud and scams targeting Cobell class members.

“This settlement can benefit you, your family and your communities, but we must all be aware of the potential negative impacts. You or others may be a target for scams,” NCAI President Jefferson Keel says in the ads being distributed to Native American radio stations. “Dishonest people know about the settlement and are figuring ways to take money from you. Be aware and be watchful. If you suspect a scam, you can contact your State’s Attorney General Office of Consumer Protection or your tribe.”

According to NCAI, there are several ways class members could be targeted: “Individuals in these circumstances usually get mail, phone calls, and e-mail with ideas for how to spend the money. For example, individuals or their family might get offers for new or used vehicles, credit card or loan offers, rent-to-own ‘deals,’ or an advance on the money.”

NCAI “is encouraging individuals to determine how to save or spend their money, and to be wary of scams that encourage people to ‘Act Now!,’ make big promises, offer no risk, or tell people to ‘keep it secret’ referring to the offer,” says an NCAI press release, which adds, “the best way to protect Native money is to make a plan, ‘take your time’ when deciding how to spend the money, ask questions, and talk to someone you trust.”

NCAI directs anyone who has questions about payments to contact the claims administrator, Garden City Group, Inc., directly.

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Snimaniwin's picture
Snimaniwin
Submitted by Snimaniwin on
I left my current and correct address back in Jan, 2011, and updated all my info through the BIA and Cobell telephone lines. I received current updated emails from the BIA IIM account. I was not sent a check and had to send a variety of extra info to the Indiantrust.com address before they would send me a check, a month later and a daily call to their phone. I received lots of conflicting answers from their telephone operators. I finally had to tell them I was contacting my lawyer because although they had my correct address and jumped through hoops giving them further information, they still would not release my $1000 check. When Diane Holp, GC supervisor, said I was put on her client's list that she personally handled, I received a check and along with that, I received another elderly tribal member's check. He was waiting for his check and could have used it for bills and Christmas. I called him and told him, it was probably his check because it had the same returned address info and looked exactly like mine. I told him the check was attached on the back of the letter and to check carefully. The elder told me just hold it as we both knew returning a check would take forever. Garden City has told me lots of conflicting info on when and why my check was delayed. I don't think Garden City is familiar with working with American Indian tribes, let alone be efficient, in handling our Settlement disbursements. I am Snimaniwin

wesley D wells's picture
wesley D wells
Submitted by wesley D wells on
Hi my name is Wesley Wells My payment was sent to the wrong address it was sent to Box Elder Montana & my check was cashed without my permission I contacted the IIM though email & through phone & the people would not void out the check my 1000,00 check was cashed & I was out of my first payment & still the people at the IIM will not send me a copy to my correct address of whom & where my check was cashed.

Tonya L Wilson's picture
Tonya L Wilson
Submitted by Tonya L Wilson on
Aaniin!! I'm STILL waiting to hear back on any claim that I submitted way back in July 0f 2012..I've been enrolled since I was a year old and ALL my sisters got the Cobell Pymnt and NOT me!! I'm the eldest of my family and don't understand the exact qualifications! There were ALOT of people I knew that SHOULDNT have even received a s\check they would be TOO young! Idk please send me something stating the reason they got it and I didn't Thank U Mii-gwitch

Dolores M (Thomas ) Archer's picture
Dolores M (Thom...
Submitted by Dolores M (Thom... on
Called and talked to a man in the office and he said I should have a check by October or sooner and have not seen or heard from him. I gave him my address and all the information he needed but have not even gotten a letter to confirm my address or any updates on what is happening. please help all of us understand WHY?????? my question the BIA and Garden City Group you make sure you are paid but what about US???? shame on you

Anonymous's picture
Anonymous
Submitted by Anonymous on
how does one person do a change of address???? needs to get done ASAP!!!!!

Anonymous's picture
Anonymous
Submitted by Anonymous on
how does one person do a change of address???? needs to get done ASAP!!!!!

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