Gabriel S. Galanda of Galanda Broadman PLLC says that the recent complaint essentially brings a battle over tribal membership, which affects who profits from tribal revenues, under the cover of a RICO suit.
‘‘That lawsuit is designed to cause the disenrollment of the defendants,” Galanda said. “In my estimation, it is not designed to expose mob-style racketeering or claw back so-called ill-gotten gains; it’s a proxy for disenrollment.”
The court may be leery of the suit, as federal courts have shown an unwillingness to get involved in tribal disenrollment conflicts, Galanda said.
The 171-page lawsuit (hardly the short and plain statement of grounds mandated by Rule 8(a)(2)) is riddled with allegations of "internal" or "intramural" tribal matters, in which courts---especially U.S. District Courts---are loath to involve themselves. Dismissal motion practice is sure to come.
More broadly, a Tribal faction's initiation of dubious civil RICO litigation against their adversaries, is yet another new lawyer-designed play for Abramoff's Playbook.
Gabriel “Gabe” Galanda is the Managing Partner at Galanda Broadman. He belongs to the Round Valley Indian Tribes. Gabe can be reached at 206.300.7801 or firstname.lastname@example.org.