Nyefrank

relating to obscene matter), section 1503 (relating to obstruction of justice), section 1510 (relating to obstruction of criminal investigations), section 1511 (relating to the obstruction of State or local law enforcement), section 1512 (relating to tampering with a witness, victim, or an informant), section 1513 (relating to retaliating against a witness, victim, or an informant),

Page 1 1 June 19, 2006 Honorable Dirk Kempthorne, James E. Cason, Secretary of the Interior Associate Deputy Secretary Department of the Interior Bureau of Indian Affairs 1849 C Street NW Department of Interior Washington, D.C. 20240 1849 C Street NW Washington, D.C. 20240 George Skibine, Acting Deputy Assistant Secretary, Philip Hogen, Chairman for Policy and Economic Development Penny Coleman, Director, General Counsel Office of the Assistant Secretary of National Indian Gaming Commission Indian Affairs - Indian Gaming 1441 L Street, NW 1849 C Street NW Suite 9100 Washington, D.C. 20240 Washington, D.C. 20005 Honorable Governor Christine Gregoire Attorney General, Rob McKenna State of Washington State of Washington P.O. Box 40002 1125 Washington St. SE Olympia, WA 98504-0002 Olympia, WA 98504 RE: EMERGENCY REQUEST FOR TEMPORARY SUSPENSION (90 DAYS) OF CONSTRUCTION OF PROPOSED NOOKSACK TRIBAL CLASS II CASINO ON THE INTERNATIONAL BORDER, NEAR LYNDEN, WA, PENDING: 1. DUE DILIGENCE OF CRIMINAL BACKGROUND INVESTIGATIONS OF TRIBAL MANAGEMENT AND INVESTORS; 2. DUE DILIGENCE REGARDING FEDERAL SUPERINTENDENCE, TRUST STATUS OF LAND, REGARDING GAMING ELIGIBILITY; AND 3. UNAMBIGUOUS VIOLATIONS OF 42 U.S.C. 1981, 1982, 1983 AND 1985 (CIVIL RIGHTS VIOLATIONS) AFFECTING WHATCOM COUNTY CITIZENS, ADJACENT LANDOWNERS, AND NOOKSACK TRIBAL MEMBERS. Dear Secretary Kempthorne, Governor Gregoire, et al, This letter requests your urgent attention to a project thus far approved by state and federal agencies that combines expansion of tribal governance, Indian gaming and international border vulnerability. The project is scheduled for ceremonial groundbreaking on or about June 18, 2006. As Chair of our national organization, I was invited to inspect the project location, met with several Nooksack tribal members, and community members in Lynden, Washington (Whatcom County). What I have seen and heard, and since researched, is alarming. Background. The project applicant, Nooksack Tribe of Wa

Page 1 1 June 19, 2006 Honorable Dirk Kempthorne, James E. Cason, Secretary of the Interior Associate Deputy Secretary Department of the Interior Bureau of Indian Affairs 1849 C Street NW Department of Interior Washington, D.C. 20240 1849 C Street NW Washington, D.C. 20240 George Skibine, Acting Deputy Assistant Secretary, Philip Hogen, Chairman for Policy and Economic Development Penny Coleman, Director, General Counsel Office of the Assistant Secretary of National Indian Gaming Commission Indian Affairs - Indian Gaming 1441 L Street, NW 1849 C Street NW Suite 9100 Washington, D.C. 20240 Washington, D.C. 20005 Honorable Governor Christine Gregoire Attorney General, Rob McKenna State of Washington State of Washington P.O. Box 40002 1125 Washington St. SE Olympia, WA 98504-0002 Olympia, WA 98504 RE: EMERGENCY REQUEST FOR TEMPORARY SUSPENSION (90 DAYS) OF CONSTRUCTION OF PROPOSED NOOKSACK TRIBAL CLASS II CASINO ON THE INTERNATIONAL BORDER, NEAR LYNDEN, WA, PENDING: 1. DUE DILIGENCE OF CRIMINAL BACKGROUND INVESTIGATIONS OF TRIBAL MANAGEMENT AND INVESTORS; 2. DUE DILIGENCE REGARDING FEDERAL SUPERINTENDENCE, TRUST STATUS OF LAND, REGARDING GAMING ELIGIBILITY; AND 3. UNAMBIGUOUS VIOLATIONS OF 42 U.S.C. 1981, 1982, 1983 AND 1985 (CIVIL RIGHTS VIOLATIONS) AFFECTING WHATCOM COUNTY CITIZENS, ADJACENT LANDOWNERS, AND NOOKSACK TRIBAL MEMBERS. Dear Secretary Kempthorne, Governor Gregoire, et al, This letter requests your urgent attention to a project thus far approved by state and federal agencies that combines expansion of tribal governance, Indian gaming and international border vulnerability. The project is scheduled for ceremonial groundbreaking on or about June 18, 2006. As Chair of our national organization, I was invited to inspect the project location, met with several Nooksack tribal members, and community members in Lynden, Washington (Whatcom County). What I have seen and heard, and since researched, is alarming. Background. The project applicant, Nooksack Tribe of Wa

ivil Remedies A few states have special provisions for the bringing of civil actions by the elderly. If an older person in Nevada suffers personal injury or death caused by abuse or neglect or suffers a loss of money or property by exploitation, the offender may be ordered to pay up to two times the actual damages incurred. If the offender acted with recklessness, oppression, fraud, or malice, the court shall order the person to pay the attorney's fees and costs of the person who initiated the lawsuit. In Georgia, the elderly may recover actual and punitive damages and attorney's fees for injury resulting from unfair or deceptive business practices.

victim funds, unclaimed funds, deciding who gets money, false charge, federal rules, federal programs denied with false evidence to vunerable elder class.

Section 402 allows a court, in its discretion, to award attorneys' fees to a prevailing party in suits to enforce the voting guarantees of the Fourteenth and Fifteenth amendments, and statutes enacted under those amendments. This section is similar to provisions in Titles II and VII of the Civil Rights Act of 1964, which prohibit discrimination in public accommodations and employment, and to Section 403 of this act (the coverage of which is described below). Such a provision is appropriate in voting rights cases because there, as in employment and public accommodations cases, and other civil rights cases, Congress depends heavily upon private citizens to enforce the fundamental rights involved. Fee awards are a necessary means of enabling private citizens to vindicate these Federal rights. It is intended that the standards for awarding fees under sections 402 and 403 be generally the same as under the fee provisions of the 1964 Civil Rights Act. A party seeking to enforce the rights protected by the Constitutional clause or statute under which fees are authorized by these sections, if successful, "should ordinarily recover an attorney's fee unless special circumstances would render such an award unjust." Newman v. Piggie Park Enterprises, Inc., 390 U.S. 400, 402, 88 S.Ct. 964, 19 L.Ed.2d 1263 (1968). . . . In several hearings held over a period of years, the Committee has found that fee awards are essential if the Constitutional requirements and Federal statutes to which sections 402 and 403 apply are to be fully enforced. We find that the effects of such fee awards are ancilliary (sic) and incident to securing compliance with these laws, and that fee awards are an integral part of the remedies necessary to obtain such compliance. Fee awards are therefore provided in cases covered by sections 402 and 403 in accordance with Congress' powers under, inter alia, the Fourteenth Amendment, Section 5. As with cases brought under 20 U.S.C. § 1617, the Emergency School Ai

Section 402 allows a court, in its discretion, to award attorneys' fees to a prevailing party in suits to enforce the voting guarantees of the Fourteenth and Fifteenth amendments, and statutes enacted under those amendments. This section is similar to provisions in Titles II and VII of the Civil Rights Act of 1964, which prohibit discrimination in public accommodations and employment, and to Section 403 of this act (the coverage of which is described below). Such a provision is appropriate in voting rights cases because there, as in employment and public accommodations cases, and other civil rights cases, Congress depends heavily upon private citizens to enforce the fundamental rights involved. Fee awards are a necessary means of enabling private citizens to vindicate these Federal rights. It is intended that the standards for awarding fees under sections 402 and 403 be generally the same as under the fee provisions of the 1964 Civil Rights Act. A party seeking to enforce the rights protected by the Constitutional clause or statute under which fees are authorized by these sections, if successful, "should ordinarily recover an attorney's fee unless special circumstances would render such an award unjust." Newman v. Piggie Park Enterprises, Inc., 390 U.S. 400, 402, 88 S.Ct. 964, 19 L.Ed.2d 1263 (1968). . . . In several hearings held over a period of years, the Committee has found that fee awards are essential if the Constitutional requirements and Federal statutes to which sections 402 and 403 apply are to be fully enforced. We find that the effects of such fee awards are ancilliary (sic) and incident to securing compliance with these laws, and that fee awards are an integral part of the remedies necessary to obtain such compliance. Fee awards are therefore provided in cases covered by sections 402 and 403 in accordance with Congress' powers under, inter alia, the Fourteenth Amendment, Section 5. As with cases brought under 20 U.S.C. § 1617, the Emergency School Ai

Page 1 Page 2 NATIONAL DISTRICT ATTORNEYS ASSOCIATION POLICY POSITIONS ON THE PROSECUTION OF ELDER ABUSE, NEGLECT, AND FINANCIAL EXPLOITATION Adopted: March 22, 2003 by the Board of Directors in New Orleans, Louisiana National District Attorneys Association 99 Canal Center Plaza, Suite 510 Alexandria, Virginia 22314 Telephone: 703-549-9222 Facsimile: 703-836-3195 Page 3 i INDEX TOPIC PAGE NO. Magnitude of Elder Abuse …………………………………………….. 1-2 Current Elder Population ……………………………………… 2-3 Projected Increase in the Elder Population …………………… 3 Number of Individuals in Nursing Homes ……………………. 3 Elder Abuse in Domestic Settings ……………………………… 3-4 Elder Abuse in Institutional Settings ………………………...... 4-5 Elder Abuse and the Prosecutor's Office Office Organization ……………………………………………... 5-6 Training Training to Understand Crimes against Elders ……………….. 7-9 Training to Understand the Elder Victim ……………………… 9 Victim's Services ………………………………………………………… 10-13 Funding …………………………………………………………………… 13-14 Multidisciplinary Approach …………………………………………….. 14-15 Public Awareness ………………………………………………………… 15-17 State Legislation State Criminal Laws ………………………………………………. 17 State Mandatory Reporting Laws ………………………………… 18 Special Trial Procedures and Evidentiary Rules ………………… 18-19 Page 4 1 NATIONAL DISTRICT ATTORNEYS ASSOCIATION POLICY POSITIONS ON THE PROSECUTION OF ELDER ABUSE, NEGLECT, AND FINANCIAL EXPLOITATION Introduction: Since May of 1986, the National District Attorneys Association has become increasingly concerned about the growing problem of eld

Page 1 Page 2 NATIONAL DISTRICT ATTORNEYS ASSOCIATION POLICY POSITIONS ON THE PROSECUTION OF ELDER ABUSE, NEGLECT, AND FINANCIAL EXPLOITATION Adopted: March 22, 2003 by the Board of Directors in New Orleans, Louisiana National District Attorneys Association 99 Canal Center Plaza, Suite 510 Alexandria, Virginia 22314 Telephone: 703-549-9222 Facsimile: 703-836-3195 Page 3 i INDEX TOPIC PAGE NO. Magnitude of Elder Abuse …………………………………………….. 1-2 Current Elder Population ……………………………………… 2-3 Projected Increase in the Elder Population …………………… 3 Number of Individuals in Nursing Homes ……………………. 3 Elder Abuse in Domestic Settings ……………………………… 3-4 Elder Abuse in Institutional Settings ………………………...... 4-5 Elder Abuse and the Prosecutor's Office Office Organization ……………………………………………... 5-6 Training Training to Understand Crimes against Elders ……………….. 7-9 Training to Understand the Elder Victim ……………………… 9 Victim's Services ………………………………………………………… 10-13 Funding …………………………………………………………………… 13-14 Multidisciplinary Approach …………………………………………….. 14-15 Public Awareness ………………………………………………………… 15-17 State Legislation State Criminal Laws ………………………………………………. 17 State Mandatory Reporting Laws ………………………………… 18 Special Trial Procedures and Evidentiary Rules ………………… 18-19 Page 4 1 NATIONAL DISTRICT ATTORNEYS ASSOCIATION POLICY POSITIONS ON THE PROSECUTION OF ELDER ABUSE, NEGLECT, AND FINANCIAL EXPLOITATION Introduction: Since May of 1986, the National District Attorneys Association has become increasingly concerned about the growing problem of eld