Outstanding News for the Sault Tribe Membership!

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Dear Fellow Tribal Members:

Great News! We have all but won our case against Bouschor and others who took $2.66 million dollars from us in 2004. Please see the information below and attached to see how close we are to not only recovering the money they took but also potentially up to nearly $ 8 million and legal fees! With the favorable judgment for the Tribe (below and attached), Bouschor will likely also be found to have committed an act of theft or dishonesty in the eyes of the Michigan Gaming Control Board, and will therefore be denied a MI Gaming License. When this happens, according to our own Tribal statues, he will be automatically removed from the Sault Tribe Board. No Tribal Board vote is necessary. (download Supreme court ruling here)

When we receive the final judgment in this case, I propose that we lower the Board and Chairperson salaries to half of the current amount to save another $400,000 and use this windfall, to:

* Replenish the Elder Fund to reinstate the $1,600 per Elder amount I originally proposed and gained approval for in 2003;
* Increase the number of Tribal college student scholarships from 200 back up to 800 per year when I was Chairperson;
* Use the balance to tighten our finances and look for ways to benefit middle class Tribal Members who usually get left behind.

Given I have a large email database, it cost about $225 each time I send out a mass email to Tribal Members. If you would like to help with these costs, please send me an email with the subject: DONATE, and I will respond with information about how to do so. Remember, this is not an election expense so your name does not have be reported as an election expense. You do not have to donate to continue to receive updates but every little bit helps.

Also, as I realize no one wants to be inaundated with email messages, I will only use this medium sparingly. If you would like more frequent information, please feel free to visit my web by clicking on the following.


I will be updating information as I hear things. There are a few big cases in front of us and the Greektown bankruptcy proceeding that will determine our future for years to come. Thank you for being interested enough to receive these updates or to visit my blogspot for information.

With Respect and Warm Regards,

Aaron A. Payment, MPA
Former Chairperson and Tribal Board Member

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Board refuses to terminate Fred Paquin even after an arrest, arraignment and 16 federal criminal indictments.

A Tribal Member asked the Tribal Board at the January 26th meeting of the Tribal Board of Directors what Fred Paquin's employment status was now that he has been arrested and arraigned on 16 federal criminal indictments. The Board's response was that:

Paquin continues to be employed and is only on suspension!

Last fall, the Board voted to eliminate the Tribal evergreen employment contracts as they are considered invalid due to a court ruling. Nonetheless, though the Tribal Board voted to repeal the termination appeals policy in July of 2008 and allow the current administration to fire over 150 employments (90% being Tribal members) they will still not act to terminate Fred Paquin after criminal arrests and prosecutions by the MI Attorney General, the BIA, FBI and currently the U.S. Attorney's office. Members deserve to know why!

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Media Release for Immediate Release
January 29, 2010

MI Supreme Court Rules in Favor of Plaintiff – Sault Ste. Marie Tribe of Chippewa Indians
In case of Sault Ste. Marie Tribe of Chippewa Indians v.
Bernard Bouschor; and Miller Canfield, Paddock and Stone, P.L.C.; Daniel T. Green; Paul W. Shagen; Joseph M. Paczkowski; David E. Scott; Jolene M. Nertoli; James M. Jannetta; Daniel J. Weaver, jointly and severally
C/A CASE NO.: 276712 – L/C CASE NO.: 04-7606-CC

Lansing, MI – Today, the Michigan Supreme Court ruled in favor of the Sault Ste. Marie Tribe of Chippewa Indians in the so-called 7+1+1 case which was originally filed in Chippewa County (50th Circuit Court) but presented to Judge Charles Johnson, 57th Circuit Court, in Emmet County as visiting judge when Judge Lambros recused himself. At the lower court level, Judge Johnson ruled back in 2007, that the defendants were not terminated, that Bouschor did not have the authority to grant severances (in the amount exceeding $2.66 million), and that contrary to Bouschor’s claim, Bouschor did not hold ‘executive immunity’ a status typically held for State Governors or the President of the United States. This latter filing by Bouschor is what qualified the defendants for an automatic appeal in the Michigan Court of Appeals and has delayed the case since the initially filing in 2004. At that level, the MI Court of Appeals threw out the legal malpractice and conspiracy claim. The MI Supreme Court’s ruling today reinstates the Sault Tribe’s complaint with regard to malpractice and may qualify the Sault Tribe for injunctive relief to recover not only the amount Bouschor and defendants conspired to take on election night of 2004, but also ‘treble damages’ which is up to three times the amount. Given the Tribe filed jointly and severally, once a final judgment is granted (possibly via a summary disposition given there now appear to be no facts in dispute) there may not even be a need to go to trial at the district court level. Judge Johnson could, instead, rule in the Tribe’s favor and award damages and legal fees. In the Supreme Court’s ruling, the justices ruled that Bernard Bouschor did not have executive immunity and as such, reinforced Judge Johnson’s earlier ruling that Bouschor is individually liable in this case. If Judge Johnson does not grant a summary disposition judgment, the case will go to trial in the 50th Circuit Court with Judge Johnson presiding as visiting judge. In a prepared statement, former Chairperson Aaron Payment said,
“With all of the legal wrangling by Bouschor and the defendants over the last 5 ½ years, it is no wonder tribal members are dispirited. The rulings by the MI Supreme Court and the prosecution of Paquin give tribal members hope that the rule of law will prevail and justice will be served. Those who would steal from their own people, need to be held accountable. Maybe 2010 will be the year of tribal justice.

DOWNLOAD SUPREME COURT RULING HERE