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Bank Of America Investment A long-running battle between a federal judge and the Interior and Justice departments went before a federal appeals panel yesterday, as government lawyers sought the reversal of fraud and contempt rulings in the Indian trust fund case against Interior Secretary Gale A. Norton.

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Investment Opportunity Hours after the hearing, the three-judge panel of the U.S. Court of Appeals for the D.C. Circuit handed the government a significant victory when it ordered a halt to the work of a court-appointed special master, whose harshly critical evaluations of Interior's reform efforts laid the groundwork for some of the contempt findings.

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Banc Of America Investment In a one-paragraph order, the panel, composed of Chief Judge Douglas H. Ginsburg and Judges A. Raymond Randolph and Karen L. Henderson, stayed the work of Joseph F. Kieffer III pending its further orders.

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Banking Investment Justice Department lawyers, representing Norton, had based part of their appeal on U.S. District Judge Royce C. Lamberth's reappointment of Kieffer. They had complained Kieffer was biased against them. The contempt appeal stems from a 1996 lawsuit over the government's management of a 116-year-old trust fund for Native Americans. Lamberth has described the government's inability to account for billions of dollars it has received on behalf of 300,000 Indian plaintiffs as one of the government's worst scandals.

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Investment Solution Strategic He is the only judge in history to hold a Cabinet officer in contempt of court -- and has done so to three Cabinet officers from two administrations in the past four years, all in this case. Relations between the judge, appointed to the bench by President Ronald Reagan, and government lawyers have become so frayed that Lamberth has ordered the head of the Justice Department's civil division and five other government attorneys to pay personal sanctions for their tactics in the litigation. Yesterday, government lawyers fought back by asking the appellate panel to strike down Lamberth's contempt and fraud rulings against Norton and a senior deputy on Indian affairs, Neal McCaleb, who has since resigned.

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Investment Banking Services Before a packed courtroom that included Solicitor General Theodore B. Olson in the first row of spectators, Justice Department attorney Mark B. Stern told the panel that Lamberth made incorrect findings about the charges and wrongly reappointed the special master. "By any standard of review, we don't have fraud and we don't have contempt," Stern said.

Bank Investment Chief Judge Ginsburg said, "There is a peculiar dialogue going on down there," referring to Lamberth's hearings in the case, and he and Judge Randolph sharply questioned Stern and the Indians' attorney, Elliott H. Levitas.

Alternative Investment Randolph said the contempt findings were a "stain" on Norton's reputation and said, "I don't think these actions can be brought all the way home to Norton."

Online Investment Services Levitas replied that Interior had been found by both the trial and appellate courts to have failed in its fiduciary responsibilities to the Indian shareholders, and that Norton was the trustee delegate, making her directly responsible.

Accompany Essential Investment "There has been malfeasance. There has been intransigence," Levitas said.

Investment Company Norton and McCaleb were found guilty of five counts of fraud or contempt in September, including filing false quarterly reports about reform efforts.

Investment Management Solution In the trust fund, the government acts as a trustee for Indian shareholders, taking in and then paying out income from the lease of Indian-owned oil, timber, grazing and pasture lands. The system now takes in more than $500 million per year for 300,000 shareholders, but the government cannot provide an accurate record for the accounts.

Investment Management Services The Indian plaintiffs say they are owed at least $11 billion.

Guide Investment Stock By Neely Tucker
Washington Post - 4/25/2003

Topic: Dept of Interior

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