us department of justice court proceedings - 01262007 submission

8/14/2019 US Department of Justice Court Proceedings - 01262007 submission

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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF COLUMBIA

____________________________________)

ELOUISE PEPION COBELL, et al., )) No. 1:96CV01285

Plaintiffs, ) (Judge Robertson)v. )

)DIRK KEMPTHORNE, Secretary of )the Interior, et al., )

)Defendants. )

)

DEFENDANTS FIFTH SUBMISSION IN COMPLIANCEWITH MAY 28, 2004 MEMORANDUM AND ORDERREGARDING HISTORICAL STATEMENTS OF ACCOUNT

The Department of the Interior ( Interior ) has continued to make progress completing Historical Statements of Account in accordance with its obligationsunder the American Indian Trust Fund Management Reform Act of 1994, Pub. L. No.103-412, 108 Stat. 4239, and now has prepared an additional 17,621 Statements thatare ready to be provided to plaintiff account holders. These Statements are inaddition to 28,107 Statements that have been ready to transmit since March, 2005,and 20,402 Statements that have been ready to transmit since March, 2006.Interior urges the Court to permit the transmission of these Statements to theaccount holders as soon as possible. The Court previously permitted thetransmission of 17,096 Statements in an Order dated October 22, 2004.

In a Memorandum and Order dated May 28, 2004, the Court granted in partInterior Defendants' Motion for Authority to Communicate with Class MembersRegarding the Historical Statements of Account, filed February 6, 2003. TheCourt's Order permits Defendants to mail completed Historical Statements ofAccount, provided such statements are accompanied by a transmittal letter thatincludes text prescribed by the Court and provided that Defendants first submit tothe Court "(1) a sample of the actual letter to be mailed with the [prescribed]language inserted; (2) a sample of one of the historical statements of account;and (3) the exact number of historical statements of account and transmittalletters [Defendants] plan[] to send out." Memorandum and Order at 4. The Courtmodified the language of the prescribed notice in an order dated October 22, 2004.Cobell v. Norton, 224 F.R.D. 266, 287 (D.D.C. 2004).

In compliance with the Court s May 28, 2004 Memorandum and Order andOctober 22, 2004 Order, Defendants hereby submit redacted sample transmittalletters containing the prescribed language, which is modified to reflect currentcontact information for Plaintiffs counsel, redacted Historical Statements of Account, and two additional enclosures as described below. The number ofadditional Historical Statements of Account and transmittal letters Defendants

plan to send out is 17,621. These Historical Statements of Account are inaddition to the 20,402 Statements that are the subject of Defendants Fourth Submission in Compliance with May 28, 2004 Memorandum and Order RegardingHistorical Statements of Account, filed March 9, 2006, and the 28,107 Statementsthat are the subject of Defendants Third Submission in Compliance with May 28, 2004 Memorandum and Order Regarding Historical Statements of Account, filed March24, 2005, both still pending before the Court.

___________________________________Each group may contain Statements for account holders for whom Interior does nothave valid addresses. Account holders addresses are updated regularly by the


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Office of Special Trustee, so it is not possible to identify in advance whichaccount holders will not have valid addresses on file on the day on which theStatements are printed.

On January 16, 2007, the Court granted Plaintiffs Unopposed Motion to Amend the Order of November 17, 2004, by which Plaintiffs sought leave to includeupdated contact information for Plaintiffs counsel in the land sales notice required by the Court sNovember 17, 2004 Order. Although Plaintiffs did not request that the updatedinformation also be included in transmittal letters accompanying the HistoricalStatements of Account, we believe including the updated information in all lettersthat have not yet been transmitted, as well as in the brochure that will accompanythe mailings, is appropriate. Accordingly, by this Fifth Submission, we seekleave to include the updated contact information in each of the transmittalletters and brochures that have not yet been mailed, including the 28,107 that arethe subject of Defendants Third Submission and the 20,402 that are the subject of Defendants Fourth Submission.

Four sample transmittal letters and accompanying Historical Statements ofAccount are attached: (1) a transmittal letter and Historical Statement ofAccount addressed to the parent or guardian of a Judgment account holder, seeAttachment 1 (sample transmittal letter) & Attachment 2 (accompanying HistoricalStatement of Account); (2) a transmittal letter and Historical Statement ofAccount addressed to a Judgment account holder who is no longer a minor, seeAttachment 3 (sample transmittal letter) & Attachment 4 (accompanying HistoricalStatement of Account); (3) a transmittal letter and Historical Statement ofAccount addressed to the parent or guardian of a Per Capita account holder, seeAttachment 5 (sample transmittal letter) & Attachment 6 (accompanying HistoricalStatement of Account); and (4) a transmittal____________________________________On January 26, 2007, the undersigned contacted Plaintiffs counsel Dennis Gingold to alert him that this Submission would be filed and to inquire about Plaintiffs position regarding our request to include updated contact information.Plaintiffs counsel stated that they did not object.

letter and Historical Statement of Account addressed to a Per Capita accountholder who is no longer a minor, see Attachment 7 (sample transmittal letter) &Attachment 8 (accompanying Historical Statement of Account). Also attached aresamples of the brochure, see Attachment 9, and statement of accountinglimitations, see Attachment 10, that will be enclosed with all transmittal lettersand Historical Statements of Account.Dated: January 26, 2007 Respectfully submitted,

PETER D. KEISLERAssistant Attorney GeneralSTUART E. SCHIFFERDeputy Assistant Attorney GeneralJ. CHRISTOPHER KOHNDirector

/s/ Cynthia L. AlexanderROBERT E. KIRSCHMAN, JR.D.C. Bar No. 406635Assistant DirectorCYNTHIA L. ALEXANDERTrial AttorneyCommercial Litigation BranchCivil Division


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P.O. Box 875Ben Franklin StationWashington, D.C. 20044-0875(202) 616-2237

CERTIFICATE OF SERVICE

I hereby certify that, on January 29, 2007 the foregoing Defendants Fifth Submission in Compliance with May 28, 2004 Memorandum and Order RegardingHistorical Statements of Account was served by Electronic Case Filing, and on thefollowing who is not registered for Electronic Case Filing, by facsimile:

Earl Old Person (Pro se)Blackfeet TribeP.O. Box 850Browning, MT 59417Fax (406) 338-7530

/s/ Kevin P. KingstonKevin P. Kingston

Parent(s) or Guardian of

United States Department of the InteriorOFFICE OF HISTO1UCAL TRUST ACCOUNTING

1801 Pennsylvania Avenue, NW, Suite 500Washington, DC 20006

Date

TAKE PRIDEeINAMERICA

Dear Parent(s) or Guardian:

This letter and the three enclosures are being sent to you because you arethe parent(s) or guardian of the above-

named account holder, who has at least one Individual Indian Money (JIM)account managed by the United States

Department of the Interior (DOT). DOT's Office of Historical Trust Accounting(OHTA) recently performed an

accounting of this account from the time it was opened through December 31,2000. You will find a Historical

Statement of Account enclosed with this letter. Please read the following

information in this letter and the threeenclosures careflully. They provide you with the following importantinformation about the account:

* Accounting Results:

* Accounting Approach:

Important information about the account, including limitations


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on the accounting and whether errors or losses were detected.

How the historical accounting was performed.

. What You Should Do Next: Provide comments on the historical accounting.

* Class Members Notice:

* Questions:

A court ordered notice to potential class members.

W1io will answer questions and where you may obtain additionalinformation.

Accounting Results: The balance shown on the Historical Statement of Accountas of December 31, 2000, agrees

with the balance maintained by DOl's Office of Trust Funds Management (OTFM)as of the same date. The

accompanying Historical Statement of Account details the receipts, interest,and other activity for the account

holder's account from the opening deposit through December 31, 2000. Pleasenote that the account balance

shown is for December 31! 2000. For information about the account activityand balances after December 31,

2000, please refer to the Statement of Account sent to you quarterly by OTFM.In addition, the Historical Statement

of Account does not reflect any funds or transactions for any other accountsthat the account holder may have.

DOl has identified several historical accounting issues that may affect theamount of interest paid to the account.

Please read the enclosed Statement ofAccounting Limitations to learn moreabout these important issues and how

they might affect the account.

Accounting Approach: In performing the accounting, OHTA reviewed documentsverifying the posted Judgment

award(s), the approved tribal resolution distributing the award(s) to tribalmembers, and the plan governing the use

and distribution of the award(s). OHTA also verified other receipts,disbursements, or transfers affecting your

account and the monthly interest based on the interest rate distributionfactor determined by OTFM. An

independent accounting firm reviewed the historical accounting work to ensurecorrectness.

ATTACHMENT 1

Defendants' Fifth Submission inCompliance

With May 28, 2004 Memorandumand Order

Regarding Historical Statements of Account


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What You Should Do Next. Please compare the Historical Statement of Account(Historical Statement) to yourfiles and records to determine if they agree with the Historical Statement and thebalance it shows on December 31,2000.

If you believe that the Historical Statement or the balance it shows areincorrect, you may provide OHTA with awritten explanation, including any documents, papers, or information you want OHTAto consider. Please submityour comments to OHTA within 90 calendar days of the postmark on the envelopecontaining this letter. Pleasemail your comments to the following address:

Executive DirectorOffice of Historical Trust AccountingU.S. Department of the Interior180 lPenn!ylvania Avenue, NW, Suite 500Washington, DC 20006

OHTA will consider any materials and information you provide and will respond toyou after it receives yourcomments.

Cobell v. Kemptizorne Class Member Notice: Please be aware that the JIM accountholder for whom the HistoricalStatement of Account to which this notice is attached was prepared may be a memberof a class action lawsuit,Cobell v.Kempthorne. No. 1 :96CV0 1285 (D.D.C.) (Judge Robertson). Nothing in thisnotice, the attached HistoricalStatement of Account, or any letter, document, or other communication to whichthis notice may be attached willeliminate or adversely affect any rights that the JIM account holder for whom theattached Historical Statement ofAccount was prepared may have if he or she is a class member in the Cobelllitigation. The JIM account holder forwhom the attached Historical Statement of Account was prepared will not eliminateor adversely affect any rightsthat he or she may have as a class member by failing to challenge the attachedHistorical Statement of Account.

As a potential class member, the JIM account holder for whom the attachedHistorical Statement of Account wasprepared has the right to consult with the class counsel in the Cobell litigationabout this Historical Statement ofAccount or any other matter. For further information, you may contact the lawyers

for the class members: DennisM. Gingold, Esq., or Keith Harper, Esq. Written correspondence to either lawyer(or both of them) can be directedto 607 14th Street, N.W., 9th Floor, Washington, DC 20005, or, alternatively, tothe email [email protected]. In addition, you can call them directly usingthe following toll-free number:1-866-383-6554. You may also access further information at the plaintiffs'website, www.indiantrust.com.

puestious. Enclosed is a brochure answering general questions about the historical


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accounting project. If you havequestions about this letter or the enclosed Historical Statement of Account,please call the Office of Historical TrustAccounting toll free at (877) 722-8196. For account activity and balances afterDecember 31, 2000, please refer tothe quarterly Statements of Account. If you have questions about your quarterlyStatements of Account or yourcurrent TIM account balance, please call the Office of Special Trustee forAmerican Indians toll-free at (888) 678-6836, Extension 888.

Sincerely,

Bert T. EdwardsExecutive Director

Enclosures (3) Historical Statement of Account, Brochure, and Statement ofAccounting Limitations

2


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OFFICE OF IIISTORICAL TRUST ACCOUNTINGINDIVIDUAL INDIAN MONIES TRUST FUNDS

IIISTORICAL STATEMENT OF ACCOUNT

TO THE PARENT(S) OR GUARDIAN OF ACCOUNT OF -!ACCOUNT NUMBER

As explained in the attached Historical Statement of Account transmittal letter,the account balance at December

31, 2000 was $

This balance was composed of the following:

Judgment award from Docket 296Cumulative interestEnding balance as of December 31, 2000

The account activity is detailed below. Interest was calculated based on themonth-end balance through May 31,

1989, and the average daily balance thereafter using the interest factordetermined for each period by

Department of the Interior's Office of the Special Trustee for American Indians.This factor, which may vary by

period, is based upon the UM Trust Funds' investments. Please note, the accountbalance shown is for December

31, 2000 (the date through which the historical accounting was performed). Foraccount activity and balances

after December 31, 2000, please refer to the quarterly Statements of Account.

TRANSACTION ACTIVITY FOR ACCOUNTING PERIOD: 1/6/1989 THROUGH 12/31/2000

* TRANSACTION DOCUMENT REFERENCEDATE AMOUNT DESCRIPTION (If calling, this

information may be needed.)

BEG11!1NG BALANCE

_______ CollectionJUDGMENT PER CAPITA

Journal VoucherMONTHLY - AUTO

INTERESTJournal VoucherMONTHLY - AUTOiNTERESTJournal VoucherMONTHLY - AUTOINTEREST

________ ATTACHMENT 2Historical Statement of Account - Account _____ * * *


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* rage 1/ 12Defendants' Fifth Submission

in Compliance vvithMay 28, 2004 Memorandum and

Order RegardingHistorical Statements of

Account

1/6/ 19 89 _________

4/27/1989

6/27/1989

7/27/1989 _Jfl

Receipt ofjudgment award -Docket 296

Monthly interest

Monthly Interest

Monthly Interest


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TRANSACTiON DOCUMENT REFERENCEDATE !u!iou!r DESCRIPTION (If calling, thisinformation may be needed.)

8/28/1989 ! Monthly Interest Journal VoucherMONTHLY - AUTONTEREST

9/25/1989 J.!J Monthly Interest Journal VoucherMONTHLY - AUTOINTEREST

10/28/1989 ! Monthly Interest Journal VoucherMONTHLY - AUTOINTEREST



1/25/1990 Monthly Interest Journal VoucherMONTHLY AUTOINTEREST

2/26/1990 Monthly Interest Journal VoucherMONTHLY - AUTOINTEREST




6/21/1 990 Monthly Interest Journal VoucherMONTHLY - AUTOiNTEREST

7/31/1990 - Monthly Interest Journal VoucherMONTHLY - AUTO

iNTEREST




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Historical Statement of Account - AccountPage 2 / 12


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TRANSACTION DOCUMENT REFERENCEDATE 4MOIJNT DESCRIPTION (if caffing, thisinformation may be needed.)

10/29/1990 Monthly Interest Journal VoucherMON!IIILY - AUTOINTEREST

11/27/1990 Monthly Interest Journal VoucherMONThLY - AUTOINTEREST

12/27/1990 _______ Monthly Interest Journal VoucherMONTHLY - AUTOINTEREST


2/26/1991 - Monthly Interest Journal VoucherMONTHLY - AUTOINTEREST



5/29/199 1 _____ Monthly Interest Journal VoucherMONTHLY - AUTO

-INTEREST

6/27/199 1 ! Monthly Interest Journal VoucherMONTHLY - AUTOINTEREST


8/29/1991 I*IllJ Monthly Interest Journal VoucherMONTHLY - AUTOINTEREST


10/29/1991 T!T Monthly Interest Journal VoucherMONTHLY - AUTOINTEREST

11/26/1991 Monthly Interest Journal Voucher

MONTHLY - AUTOINTEREST

Historical Statement of Account - Account -WPage 3 / 12


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TRANSACTION DOCUMENT RI!FERENCEDATE AMOUNT DESCRIPTION (If caffing, thisinformation may be needed.)

-12/27/199 1 ______ Monthly Interest Journal Voucher

- MONTHLY - AUTO!PL!!Jiifl1!

1/28/1 992 Monthly Interest Journal Voucher

2/25/1992 Monthly Interest Journal VoucherMONTHLY - AUTO

3/30/1992 _____ Monthly Interest Journal VoucherMONTHLY - AUTO

4/28/1992 _._..- Monthly Interest Journal VoucherMONTHLY-AUTO



7/27/1992 Monthly Interest Journal \ToucherMONTHLY - AUTO

-I-8/25/1992 ! Monthly Interest Journal Voucher

MONTHLY - AUTO


10/26/1992 ______ - Monthly Interest Journal VoucherMONTHLY - AUTO

11/24/1992 - 'T Monthly Interest Journal Voucher- MONTHLY - AUTO

12/30/1992 _____ f Monthly Interest Journal Voucher MONTHLY - AUTO

1/29/1 993 Monthly Interest Journal VoucherMONThLY - AUTO

Historical Statement of Account - Accoun..Page 4/12


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TRANSACTION DOC1JMENT REFER]!NCEDATE AMOUNT DESCRIPTION (If caffing, thisinformation may be needed.)


3/29/1993 i!r Monthly Interest Journal VoucherMONTHLY - AUTO

3/31/1993 Monthly Interest Journal VoucherINTEREST-AUTO

4/28/1993 ! Monthly Interest Journal VoucherMONTHLY - AUTO

5/26/1 993 Monthly Interest Journal VoucherMONTHLY - AUTO

TT16/24/1993 Monthly Interest Journal Voucher

MONTHLY - AUTO

7/27/1993 UI Monthly Interest Journal VoucherMONTHLY - AUTO

8/26/1 993 Monthly Interes!t Journal VoucherMONTHLY - AUTO


JTL!JU!10/25/1993 Monthly Interest Journal Voucher

MONTHLY - AUTO-


12/20/1993 J f Monthly Interest Journal VoucherMONTHLY - AUTO

1/24/1994 - Monthly Interest Journal VoucherMONThLY - AUTO

2/24/1994 .J Monthly Interest Journal Voucher

Historical Statement of Account - Account !Page 5 / 12


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TRANSACTION DOCUMENT REFERENCEDATE oui! DESCRIPTION (If caffing, thisinformation may be needed.)

3/23/1994 Monthly Interest Journal Voucher-

MONTHLY - AUTO

4/19/1 994 ______ Monthly Interest Journal VoucherMONTHT!Y - AUTO

r1PtIii1J!5/23/1994 Monthly Interest Journal Voucher

MONTHLY - AUTO

6/27/1994 . Monthly Interest Journal VoucherMONTHLY - AUTO





11/21/1994 MonthlyJnterest Journal VoucherMONTHLY - AUTO

*tiiTrr -I.12/19/1994 L!!i Monthly Interest Journal Voucher

MONTHLY - AUTO1IIJi!IllTui. !

1/26/1995 Monthly Interest Journal Voucher .MONTHLY - AUTO

* Tii! IL2/23/199 5 Monthly Interest Journal Voucher

MONTHLY - AUTO

-!-!-!




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Historical Statement of Account -Account..............................................Page 6 / 12


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TRANSACTION DOCUMItNT REFERJ!NCEDATE AMOUNT DESCRIPTION (If calling, thisinformation may be needed.)

5/25/1995 1 Monthly Interest Journal Voucher* MONTHLY - AUTO -

6/27/1995 ,! Monthly Interest Journal Voucher* MONTHLY - AUTO

-!1'7/27/1995 __j- Monthly Interest Journal Voucher

MONTHLY - AUTO


9/26/1995 ! Monthly Interest Journal VoucherMONTHLY-AUTO..........



12/28/1 995 j! J Monthly Interest Journal VoucherMONTHLY - AUTO

1/30/1 996 L_[ Monthly Interest Journal VoucherMONTHLY - AUTO


-!!-3/27/1996 Monthly Interest Journal Voucher

MONTHLY - AUTO-

4/18/1996 _______ Monthly Interest Journal VoucherMONTHLY - AUTO

! 1wr!5/22/1996 Monthly Interest Journal Voucher

MONTHLY - AUTO


Historical Statement of Account - Account !.. !f]IJPage 7/12


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TRANSACTION DOCUMENT REFERENCEDATE AMOUNT DESCRIPTION (If calling, thisinformation may be needed.)

7/29/1996 ! Monthly Interest Journal VoucherMONTHLY-AUTO

8/28/1996 fl Monthly Interest Journal VoucherMONTHLY - AUTO





1/30/1997 ! Monthly Interest Journal VoucherMONTHLY - AUTO-- !

2/26/1997 ! Monthly Interest Journal VoucherMONTHLY - AUTOJ!__JL! 1-

3/26/1997 ! Monthly Interest Journal VoucherMONThLY - AUTO

I

4/24/1997 Monthly Interest Journal VoucherMONThLY - AUTO


6/27/1997 ! Monthly Interest Journal VoucherMONTHLY - AUTO1L



Historical Statement of Account - Account !.Page 8 / 12


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10/23/1997 ,,_,.1 Monthly Interest Journal VoucherMONTHLY - AUTO

jr11/25/1997 ! Monthly Interest Journal Voucher

MONTHLY - AUTO!L_!- _!m!


1/14/1 998 ! Monthly Interest Journal VoucherMONTHLY - AUTO-!-!

2/19/1 998 ,! Monthly Interest Journal VoucherMONTHLY - AUTO

3/30/1998 L.! Monthly Interest Journal VoucherMONTHLY - AUTO

4/27/1 998 !,,J1% Monthly Interest Journal VoucherMONTHLY - AUTO


6/26/1 998 Monthly Interest Journal VoucherMONTHLY - AUTOJ-I--!-*-!-

7/30/1998 ! Monthly Interest Journal VoucherMONTHLY - AUTOLEZ!.

8/21/1998 ! Monthly Interest Journal Voucher

MONTHLY - AUTO


10/30/1998 L.. S Monthly Interest Journal Voucher* MONTHLY - AUTO

J-!JJ!


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Historical Statement of Account - Account !Page 9 / 12


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TRANSACTION DOCUMENT R]3]?ERENCEDATE AMOUNT DESCRIPTION (If calling, thisinformation may be needed.)



1/19/1999 J_!IU Monthly Interest Journal VoucherMONTHLY - AUTO

2/19/1 999 - Monthly Interest Journal VoucherMONTHLY - AUTO




!6/17/1999 Monthly Interest. Journal Voucher

MONTHLY - AUTO


-! !JL8/23/1999 fl Monthly Interest Journal Voucher

MONTHLY - AUTO





Historical Statement of Account - AccountTi,!,T2Page 10 / 12


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DOCUMENT REFERENCE(If caffing, this information may

be needed.)




Cash ReceiptMONTHLY INTEREST EARNINGS!Cash ReceiptMONTHLY INTEREST EARNINGS

Cash ReceiptMONTHLY INTEREST EARNINGS

Cash ReceiptMONTHLY INTEREST EARNINGSJII-!-Cash ReceiptMONThLY INTEREST EARNINGS

Cash ReceiptMONTHLY INTER!T EARNINGS!Cash ReceiptMONTHLY INTEREST EARNINGS

Cash ReceiptMONTHLY INTEREST EARNINGS

Cash Receipt

MONTHLY INTEREST EARNINGS

TRANSACTIONDESCRiPTION

Monthly Interest

Monthly Interest


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Monthly Interest

Monthly Interest

DATE

1/25/2000

2/24/2000

3/17/2000

4/24/2000

5/19/2000

6/15/2000

7/20/2000

8/17/2000

9/6/2000

10/4/2000

11/3/2000

12/5/2000

Monthly Interest

Monthly Interest

Monthly Interest

Monthly Interest

Monthly Interest

Monthly Interest


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Monthly Interest

Monthly Interest

Historical Statement of Account - Account_____

Page 11 / 12


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TRANSACTION DOCUMENT REFERENCEDATE AMOUNT DESCRIPTION (If calling, this informationmay be needed.)

12/31/2000 J. BALANCE ATDECEMBER 31, 2000

Please note the ending balance is NOT THE CURRENT BALANCE of your TIM account.The account

balance shown is for December 31, 2000 (the date through which the historicalaccounting was

performed). If you have questions about this Historical Statement of Account,please call the Office of

Historical Trust Accounting toll free (877) 722-8196. For account activity andbalances after December

31, 2000, please refer to the quarterly Statements of Account. If you havequestions about your quarterly

Statements of Account or your current IIM account balance, please call theOffice of the Special Trustee

for American Indians toll free (888) 678-6836, Extension 888.

ilistorical Statement of Account - AccountU J! Page 12/12


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United States Department of the InteriorOFFICE OF HISTORICAL TRUST ACCOUNTING

1801 Pennsylvania Avenue, N'! Suite 500Washington, DC 20006

Date

TAKE PRlDE'!INAMERICA

Dear Account Holder:

This letter and the three enclosures are being sent to you because you are theparent(s) or guardian of the above-


Department of the Interior (DOl). DOl's Office of Historical Trust Accounting(OHTA) recently performed an

accounting of this account from the time it was opened through December31,2000. You will find a Historical

Statement of Account enclosed with this letter. Please read the followinginformation in this letter and the three

enclosures carefully. They provide you with the following importantinformation about the account:

o Accounting Results:


Important information about the account, including limitationson the accounting and whether errors or losses were detected.


* What You Should Do Next: Provide comments on the historical accounting.


* Questions:


Who will answer questions and where you may obtain additionalinformation.

Accounting Results: The balance shown on the Historical Statement of Account

as of December 31, 2000, agreeswith the balance maintained by DOl's Office of Trust Funds Management (OTFM)as of the same date. The


holder's account from the opening deposit through December 31, 2000. Pleasenote that the account balance

shown is for December 31, 2000. For information about the account activityand balances after December 31,



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DOI has identified several historical accounting issues that may affect theamount of interest paid to the account.

Please read the enclosed Statement ofAccounting Limitations to learn moreabout these important issues and how


Accounting Arwroach: In performing the accounting, OHTA reviewed documentsverifying the posted Judgment

award(s), the approved tribal resolution distributing the award(s) to tribalmembers, and the plan governing the use

and distribution of the award(s). OHTA also verified other receipts,disbursements, or transfers affecting your

account and the monthly interest based on the interest rate distributionfactor determined by OTFM. An.


ATTACHMENT 3Defendants' Fifth Submission in

ComplianceWith May 28, 2004 Memorandum

and OrderRegarding Historical Statements

of Account


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What You Should Do Next. Please compare the Historical Statement of Account(Historical Statement) to yourfiles and records to determine if they agree with the Historical Statement and thebalance it shows on December31,2000.


Executive DirectorOffice of Historical Trust AccountingU.S. Department of the Interior1801 Pennsylvania Avenue, NW, Suite 500Washington, DC 20006


Cobell v. Kemythorne Class Member Notice: Please be aware that the IIM accountholder for whom the HistoricalStatement of Account to which this notice is attached was prepared may be a memberof a class action lawsuit,Cobell v.Kempthorne. No. 1 :96CV0 1285 (D.D.C.) (Judge Robertson). Nothing in thisnotice, the attached HistoricalStatement of Account, or any letter, document, or other communication to whichthis notice may be attached willeliminate or adversely affect any rights that the IIM account holder for whom theattached Historical Statement ofAccount was prepared may have if he or she is a class member in the Cobelllitigation. The JIM account holder forwhom the attached Historical Statement of Account was prepared will not eliminateor adversely affect any rightsthat he or she may have as a class member by failing to challenge the attachedHistorical Statement of Account.

As a potential class member, the JiM account holder for whom the attachedHistorical Statement of Account wasprepared has the right to consult with the class counsel in the Cobell litigationabout this Historical Statement ofAccount or any other matter. For further information, you may contact the lawyers


Ouestions. Enclosed is a brochure answering general questions about the historical


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accounting project. If you havequestions about this letter or the enclosed Historical Statement of Account,please call the Office of Historical TrustAccounting toll free at (877) 722-8196. For account activity and balances afterDecember 31, 2000, please refer tothe quarterly Statements of Account. If you have questions about your quarterlyStatements of Account or yourcurrent IIM account balance, please call the Office of Special Trustee forAmerican Indians toll-free at (888) 678-6836, Extension 888.

Sincerely,


Enclosures (3)- Historical Statement of Account, Brochure, and Statement ofAccounting Limitations

2


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OFFICE OF ifiSTORICAL TRUST ACCOUNTINGINDIVIDUAL INDIAN MONIES TRUST FUNDS

fflSTORICAL STATEMENT OF ACCOUNT

This balance was composed of the following:

ACCOUNT OFACCOUNT NUMBER ____

Judgment award from Docket 296Cumulative interestDisbursementsinding balance as of December 31, 2000 __________




period, is based upon the UlvI Trust Funds' investments. Please note, theaccount balance shown is for December



TRANSACTION ACTIVITY FOR ACCC)UNTING PERIOD: 1/6/1989 THROUGH 12/31/2000

DATE

AMOUNT

TRANSACTIONDESCRIPTION

DOCUMENT REFERENCE(If caffing, this information may be needed.)

BEGINNNG BALANCE

1/6/ 19 8 9

4/27/1989

6/27/1989

7/27/1989

8/28/1989

- Receipt ofjudgment award -Docket 296


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! Monthly Interest

! Monthly Interest

! Monthly Interest

Monthly Interest

CollectionJUDGMENT PER CAPITA

Journal VoucherMONTHLY - AUTOINTERESTJournal VoucherMONTHLY - AUTOINTERESTJournal VoucherMONTHLY - AUTOINTERESTJournal VoucherMONTHLY - AUTOINTEREST

Historical Statement of Account - Account_- ATTACHM [NT 4Page 1 / 11

!!Defendants' Fifth Submission in ComplianceWith May 28, 2004 Memorandum

and OrderRegarding Historical

Statements of Account

Your. account balance at December 31, 2000 was!!

i!. !-J


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10/28/1989 4 Monthly Interest Journal VoucherMONTHLY - AUTOINTEREST




2/26/1990 ! Monthly Interest Journal VoucherMONTHLY - AUTOiNTEREST



* 5/24/1990 Monthly Interest Journal VoucherMONTHLY - AUTOINTEREST

6/21/1990 ! Monthly Interest Journal VoucherMONTHLY - AUTOiNTEREST



9/26/1990 ,!_ Monthly Interest Journal VoucherMONTHLY - AUTOINTEREST


Historical Statement of Account - Account!Page 2 I 11


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4/29/199 1 .!j Monthly Interest Journal VoucherMONTHLY - AUTOINTEREST




8/29/199 1 Monthly Interest Journal VoucherMONTHLY - AUTOINTEREST

9/25/1991 Monthly Interest Journal VoucherMONTHLY - AUTOiNTEREST

10/29/1991 Monthly Interest Journal VoucherMONTHLY - AUTOiNTEREST

11/26/1991 ! Monthly interest Journal VoucherMONTHLY - AUTOINTEREST

12/27/199 1 Monthly Interest Journal VoucherMONTHLY - AUTO--

Historical Statement of Account - Account!Page 3 / 11


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TRANSACTION DOCUMENT REI!ERENCEDATE AMOUNT DESCRIPTION (If calling, thisinformation may be needed.)



3/30/1992 ! Monthly Interest Journal VoucherMONTHLY - AUTO.

4/28/1992 _______ Monthly Interest Journal VoucherMONTHLY - AUTO





9/29/1992 _______ Monthly Interest Journal VoucherMONTHLY AUTO

10/26/1992 _111 Monthly Interest Journal VoucherMONTHLY - AUTO

11/24/1992 ______ Monthly Interest Journal VoucherMONTHLY AUTO

12/30/1992 T! Monthly Interest Journal VoucherMONTHLY - AUTO

1/29/1993..................Monthly Interest Journal VoucherMONTHLY - AUTO


MONTHLY - AUTO

Historical Statement of Account - Account.Page 4 / 11


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TRANSACTION DOCUMENT REFERENCEDATE AMOUNT DESCRIPTION (If caffing, thisinformation may be needed.)

3/29/1993 if Monthly Interest Journal VoucherMONTHLY - AUTO

3/31/1993 ! Monthly Interest Journal VoucherINTEREST-AUTO

4/28/1993 IjIJ[]II$f Monthly Interest Journal VoucherMONTHLY - AUTO



*




a----10/25/1993 ! Monthly Interest Journal Voucher

MONTHLY - AUTO



- --!

1/24/1994 JJ!e Monthly Interest Journal VoucherMONTHLY - AUTO


MONTHLY - AUTO




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TRANSACTION DOCUMENT REFERENCEDATE AMOUNT DESCRIPTION (If calling, thisinformation. may be needed.)

4/19/1994 J Monthly Interest Journal VoucherMONTHLY - AUTO



7/25/1 994 ! Monthly Interest Journal VoucherMONTHLY - AUTO

8/29/1994 ! Monthly Interest Journal VoucherMONTHLY AUTO




!!JL!JJ12/19/1994 ! Monthly Interest Journal Voucher

MONTHLY - AUTO-E.!


2/23/1995 ! Monthl!i Interest Journal VoucherMONTHLY - AUTO


4/25/1995 ! Monthly interest Journal VoucherMONTHLY - AUTO

5/25/1995 !L Monthly Interest Journal VoucherMONTHLY - AUTO



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8/25/1995 ______ Monthly Interest Journal VoucherMONTHLY - AUTO

-


10/30/1995 Monthly Interest Journal VoucherMONTHLY-- AUTO

11/28/1995 Monthly Interest Journal VoucherMONTHLY -AUTO


-U- !1/30/1996 Monthly Interest Journal Voucher

MONTHLY - AUTO


3/27/1996 Monthly Interest Journal Voucher.MONTHLY - AUTO


*

5/22/1996 Monthly Interest Journal Voucher* MONTHLY - AUTO



Historical Statement of Account - AccountPage 7/11


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11/26/1996 Monthly Interest Journal VoucherMONTHLY - AUTO_.


1/30/1 997 ! Monthly Interest Journal VoucherMONTHLY - AUTO



4/24/1 997 Monthly Interest Journal VoucherMONTHLY - AUTO-!- -




8/27/1997 _____ Monthly Interest Journal VoucherMONTHLY - AUTO


MONTHLY - AUTO



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10/23/ 1997 ! Monthly Interest Journal VoucherMONTHLY - AUTO



*_

1/14/1998 ,! Monthly Interest Journal VoucherMONTHLY - AUTO

2/19/1998 *! Monthly Interest Journal VoucherMONTHLY - AUTO

-w3/30/1998 Monthly Interest Journal Voucher

MONTHLY AUTO! -t

4/27/1998 Monthly interest Journal VoucherMONTHLY - AUTO


6/26/199 8 __!- Monthly Interest Journal VoucherMONTHLY - AUTO -



9/28/1 998 Monthly interest Journal VoucherMONTHLY - AUTO

10/30/1998 ______ Monthly interest Journal VoucherMONTHLY - AUTO

11/19/1998 I! Monthly Interest Journal Voucher

MONTHLY - AUTO

Historical Statement of Account - Account -* Page 9 / 11


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-a-1/19/1999 ,!. Monthly Interest Journal Voucher

MONTHLY - AUTO-I--J


3/18/1999 ______ Monthly interest Journal VoucherMONTHLY - AUTO


5/19/1999 ! Monthly Interest Journal VoucherMON!flILY - AUTO


7/15/1999 -:_!_ Monthly Interest Journal VoucherMONTHLY - AUTO

*


9/17/1999 = Monthly Interest Journal VoucherMONTHLY - AUTO





MONTHLY - AUTO1 Th!

Historical Statement of Account - Accoun'Page 10 / ii


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TRANSACTION DOCUMENT REFERENCEDATE AMOUNT DESCRIPTION (If caffing, thisinformation may be needed.)



.....

4/24/2000 ! Monthly Interest Cash Receipt


5/19/2000 ! Monthly Interest Cash Re eipt




7/20/2000 Monthly Interest Cash Receipt






J ITL!



10/5/2000 . Monthly Interest Cash Receipt

INTEREST TO ACCT CLOSUREDATE

u!F! !


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10/5/2000 ______ Disbursement Cash Disbursement

ACCOUNT BALANCEJUDGEMENT FUNDS-AGE OF

MAJORITY-CL

12/31/2000 ____ BALANCE AT

! DECEMBER 31, 2000

Please note the ending balance is NOT THE CURRENT BALANCE of your UM account.The account



Historical Trust Accounting toll free at (877) 722-8196. If you have otherexisting account(s) and need

information about those account(s), please call the Office of the SpecialTrustee for American Indians

toll free at (888) 678-6836, Extension 888.

Historical Statement of Account - Account. _____ Page11 / 11


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1801 Pennsylvania Avenue, NW, Suite 500Washington, DC 20006

Date

TAKE PRIDEINAM ERICA

Parent(s) or Guardian of

Dear Parent(s) or Guardian:



Department of the Interior (DOD. DOrs Office of Historical Trust Accounting(OHTA) recently performed an


Statement of Account enclosed with this letter. Please read the followinginformation inthis letter and the three

enclosures carefully. They provide you with the following important informationabout the account:



Important information about the account, including limitationson the accounting and whether errors or losses were detected.




* Questions:


'Who will answer questions and where you may obtain additionalinformation.

Accounting Results: The balance shown on the Historical Statement of Account asof December 31, 2000, agrees

with the balance maintained by DOrs Office of Trust Funds Management (OTFM) asof the same date. The


holdei's account from the opening deposit through December 31, 2000, Pleasenote that the account balance

shown is for December 31, 2000. For information about the account activity andbalances after December 31,


44/66



DOl has identified several historical accounting issu!s that may affect theamount of interest paid to theaccount.

Please read the enclosed Statement ofAccounting Limitations to learn more aboutthese important issues and how


Accounting Approach: In performing the accounting, OHTA'reviewed documentsveriJ!'ing posted Per Capita

payments (distributions from the Tribe). OHTA also verifle.d other receipts,disbursements, or transfers affecting

your account and the monthly interest based on the interest rate distributionfactor determined by OTFM. An



ComplianceWith May 28, 2004 Memorandum and

OrderRegarding Historical Statements of

Account


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What You Should Do Next. Please compare the Historical Statement of Account(Historical Statement) to yourfiles and records to determine if they agree with the Historical Statement and thebalance it shows on December31,2000.


Executive DirectorOffice of Historical Trust AccountingU.S. Department of the Interior1801 Pennsylvania Avenue, NW, Suite 500Washington, DC 20006


Cobell v. Kempihorne Class Member Notice: Please be aware that the IIM accountholder for whom the HistoricalStatement of Account to which this notice is attached was prepared may be a memberof a class action lawsuit,Cobell v.Kempthorne. No. 1 :96CV0 1285 (D.D.C.) (Judge Robertson). Nothing in thisnotice, the attached HistoricalStatement of Account, or any letter, document, or other communication to whichthis notice may be attached willeliminate or adversely affect any rights that the JIM account holder for whom theattached Historical Statement ofAccount was prepared may have if he or she is a class member in the Cobelllitigation. The JIM account holder forwhom the attached Historical Statementof Account was prepared will not eliminateor adversely affect any rightsthat he or she may have as a class member by failing to challenge the attachedHistorical Statement of Account.


for the class members: DennisM. Gingold, Esq., or Keith Harper, Esq. Written correspondence to either lawyer(or both of them) can be directedto 607 14th Street, N.W., 9th Floor, Washington, DC 20005, or, alternatively, tothe email [email protected]. In addition, you can call them directly usingthe following toll-free number:1-866-383-6554. You may also access further information at the plaintiffs!website, www.indiantrust.com..

Questions. Enclosed is a brochure answering general questions about the historical


46/66

accounting project. If you havequestions about this letter or the enclosed Historical Statement of Account,please call the Office of Historical TrustAccounting toll free at (877) 722-8196. For account activity and balances afterDecember 31, 2000, please refer tothe quarterly Statements of Account. If you have questions about your quarterlyStatements of Account or yourcurrent ILM account balance, please call the Office of Special Trustee forAmerican Indians toll-free at (888) 678-6836, Extension 888.

Sincerely,


Enclosures (3)-Historical Statement of Account, Brochure, and Statement ofAccounting Limitations

2


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OFFICE OF ifiSTORECAL TRUST ACCOUNTINGINDIVIDUAL INDIAN MONIES TRUST FUNDS

IIISTOBICAL STATEMENT OF ACCOUNT

TOTRE PARENT(S) OR GUARDIAN OF

ACCOUNT OFACCOUNT NUMBER

Your account balance at December 31, 2000 was __!

The account activity is detailed below. interest was calculated based on themonth-end balance through May 31,



period, is based upon the IIM Trust Funds' investments. Please note, the accountbalance shown is for December



TRANSACTION ACTIVITY FOR ACCOUNTTh!G PERIOD: 12/7/1999 ThROUGH 12/31/2000

DATE

AMOUNT


DOCUMENT REFERENCE(If calling, this information may be eeded.)

____ BEGIM'!flNG BALANCE

12/7/1999

1/11/2000

Receipt of Per Capita Payment

! Receipt of Per Capita Payment



1/19/2000



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1/25/2000

Monthly Interest


2/8/2000

2/24/2000

_______ Receipt of Per Capita Payment-.!

! Monthly Interest



3/6/2000

______ Receipt of Per Capita Payment


Historical Statement of Account - Account ATTACHMENT 6Page 1/3

Defendants' Fifth Submission inCompliance With

May 28, 2004 Memorandum andOrder Regarding

Historical Statements ofAccount


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TRANSACTION DOCUMENT REFERENCEDATE AiVIOUX! DESCRIPTION If caffing, thisinformation may be needed.)


4/10/2000 ! Receipt of Per Capita Payment Cash ReceiptPER CAPITA - NON TAXABLE

!L!I!W4/24/2000 ! Monthly Interest Cash Receipt

MONTHLY INTERESTEARNiNGS


5/1912000 ! Monthly Interest Cash ReceiptMONTHLY INTEREST

EARNINGS

6/6/2000 4!.. Receipt of Per Capita Payment Cash ReceiptPER CAPITA - NON TAXABLE

*

6/15/2000 Monthly Interest Cash ReceiptMONTHLY INTEREST

EARNINGS* _____

6/16/2000 Monthly Interest Cash ReceiptINTEREST TO ACCT CLOSURE

DATE*!L. i!.w*:

6/16/2000 Disbursement Cash DisbursementPER CAPITAREACHED AGE OF MAJORITY


7/24/2000 ! Monthly Interest Cash ReceiptINTEREST

8/17/2000 ! Monthly interest Cash Receipt* MONTHLY INTEREST

EARNINGS

tEI*i!r!9/6/2000 ! Monthly Interest Cash Receipt


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MONTHLY INTERESTEARNINGS


EARNINGS

historical Statement of Account - Account!Page 2/3


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TRANSACTION DOCUMENT REFER1!NCEDATE AMOUNT DESCRIPTION (If caffing, thisinformation may be needed.)

11/3/2000 ! Monthly Interest Cash ReceiptMONTHLY iNTEREST

EARNINGS

11/30/2000 Receipt of Per Capita Payment Cash ReceiptPER CAPITA - NON

TAXABLE


EARNINGS

12/31/2000 BALANCE ATDECEMBER31, 2000

Please note the ending balance is NOT THE CURRENT BALANCE of your I]M account.The account



Historical Trust Accounting toll free at (877) 722-8196. For account activityand balances after

December 31, 2000, please refer to the quarterly Statements of Account. If youhave questions about

your quarterly Statements of Account or your current 1IM account balance, pleasecall the Office of the

Special Trustee for American Indians toll free at (888) 678-6836, Extension 888.

Historical Statement of Account - Account ______Page 3 /3


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1801 Pennsylvania Avenue, NW Suite 500Washington, DC 20006

Date

TAKE PRIDEINAM ER!CA

Dear Account Holder:


named account holder, who has at least one Individual Indian Money (TIM)account managed by the United States

Department of the Interior (DOT). DOT's Office of Historical Trust Accounting(OHTA) recently performed an


Statement of Account enclosed with this letter. Please read the followinginformation in this letter and the three

enclosures carefully. They provide you with the following important informationabout the account:



Important information about the account, including limitationson the accounting and whether enurs or losses were detected.

How the historical ac ounting was performed.


o Class Members Notice:

* Questions:


Who will answer questions and where you may obtain additionalinformation.

Accounting Results: The balance shown on the Historical Statement of Account as

of December 31, 2000, agreeswith the balance maintained by DOT's Office of Trust Funds Management (OTFM) asof the same date. The


holder's account from the opening deposit through December 31, 2000.. Pleasenote that the account balance

shown is for December 31, 2000. For information about the account activity andbalances after December 31,

2000, please refer to the Statement of Account sent to you quarterly by OTFM.In addition, the Historical Statement-


53/66


DOT has identified several historical accounting issues that may affect theamount of interest paid to the account.

Please read the enclosed Statement ofAccounting Limitations to learn more aboutthese important issues and how


Accounting Approach: In performing the accounting, OHTA reviewed documentsverif!,'ing posted Per Capita

payments (distributions from the Tribe). OHTA also verified other receipts,disbursements, or transfers affecting

your account and the monthly interest based on the interest rate distributionfactor determined by OTFM. An



ComplianceWith May 28, 2004 Memorandum and

OrderRegarding Historical Statements of

Account


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What You Should Do Next. Please compare the Historical Statement of Account(Historical Statement) to yourfiles and records to determine if they agree with the Historical Statement and thebalance it shows on December 31,2000.

if you believe that the Historical Statement or the balance it shows areincorrect, you may provide OHTA with awritten explanation, including any documents, papers, or information you want OHTAto consider. Please submityour comments to OHTA within 90 calendar days of the postmark on the envelopecontaining this letter. Pleasemail your comments to the following address:

Executive Director -Office of Historical Trust AccountingU.S. Department of the Interior1801 Pennsylvania Avenue, NW, Suite 500Washington, DC 20006


Cobel! v. Kern ythorne Class Member Notice: Please be aware that the JIM accountholder for whom the HistoricalStatement of Account to which this notice is attached was prepared may b! a memberof a class action lawsuit,Cobell v.Kempthorne, No. l:96CV0 1285 (D.D.C.) (Judge Robertson). Nothing in thisnotice, the attached HistoricalStatement of Account, or any letter, document, or other communication to whichthis notice may be attached willeliminate or adversely affect any rights that the JIM account holder for whom theattached Historical Statement ofAccount was prepared may have if he or she is a class member in the Cobelllitigation. The JIM account holder forwhom the attached Historical Statement of Account was prepared will not eliminateor adversely affect any rightsthat he or she may have as a class member by failing to challenge the attachedHistorical Statement of Account.



questions. Enclosed is a brochure answering general questions about the historical


55/66

accounting project. If you havequestions about this letter or the enclosed Historical Statement of Account,please call the Office of Historical TrustAccounting toll free at (877) 722-8196. For account activity and balances afterDecember 31, 2000, please refer tothe quarterly Statements of Account. If you have questions about your quarterlyStatements of Account or yourcurrent JIM account balance, please call the Office of Special Trustee forAmerican Indians toll-free at (888) 678-6836, Extension 888.

Sincerely,

Bert T. Edwards- Executive Director

Enclosures (3) - Historical Statement of Account, Brochure, and Statement ofAccounting Limitations

2


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OFFICE OF HISTORICAL TRUST ACCOUNTINGINDIVII)UAL INDIAN MONEES TRUST FUNDS

HISTORICAL STATEMENT OF ACCOUNT

Your account balance at December 31, 2000 was

ACCOUNT OFACCOUNT NUMBER ___



Department of the Interior's Office Of the Special Trustee for American Indians.This factor, which may vary by

period, is based upon the IIM Trust Funds' investments. Please note, the accountbalance shown is for December



TRANSACTION ACTIVITY FOR ACCOUNTING PERIOD: 12/711999 THROUGH 12/31/2000

DATE.

AMOUNT


DOCUMENT REFERENCE(If calling, this information may be needed.)

!T BEGINNING BALANCE

12/7/1999



1/11/2000

1/19/2000

1/25/2000



Monthly Interest


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2/7/2000

2/18/2000

2/24/2000


Disbursement

Monthly Interest


...

Disbursement Request

INDWIDUAL DISB/REQ

Journal Voucher

MONTHLY - AUTO

Historical Statement of Account - Account -

ATTACHMENT 8

Page 1 /2

Defendants' Fifth Submission in Compliance With

May 28, 2004 Memorandum and Order RegardingHistorical Statements of Account.


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TRANSACTION DOCUMENT REFERI!NCEDATE AMOUNT DESCRIPTION (If caffing, thisinformation may be needed.)

3/6/2000 - Receipt of Per Capita Payment CollectionJUDGMENT PER CAPITA

3/16/2000 Disbursement Automatic DisbursementAUTO INDIVIDIJAL DISB

3/17/2000 ______ Monthly Interest Journal VoucherMONTHLY - AUTO!UJL!W!

3/30/2000 ! Monthly Interest Journal VoucherINTEREST - CAPS

3/30/2000 !iT! Disbursement Disbursement Request!NDIV1DUAL DISB/REQ

12/31/2009 ! BALANCE ATDECEMBER 31, 2000

Please note the ending balance is NOT THE CURRENT BALANCE of your EM account.The account.



Historical Trust Accounting toll free at (877) 722-8196. If you have otherexisting account(s) and need

information about those account(s), please call the Office of the SpecialTrustee for American Indians

toll free at (888) 678-6836, Extension 888.

ilistorical Statement of Account - Account __________Page 2 /2


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Questions dndA!n!wers(contzn!ued,!

Are you owed money?

The amount shown on your Historical Statementof Account represents the balance of your IIMaccount on December31, 2000. For informationregarding account activity and balances afterDecember 31, 2000, please refer to the quarterlyStatement of Account sent to you by theDepartment of the Interior Office of SpecialTrustee (OST). The amount shown on your mostrecent Statement of Account is the balance held intrust for you as of the date of the Statement, andwill be paid subject to applicable terms of youraccount.

What time period is covered by the historicalaccounting?

Your Historical Statement of Account begins withthe date the account was opened and concludes onDecember31, 2000. The account balance shownfor December 31, 2000, is NOT THE CURRENTBALANCE.

How can you find out your JIM account activityafter December31, 2000?

OST periodically provides a Statement ofAccount for JIM accounts. The most recentStatement of Account provided by OST willinclude the balance for your JIM account as of thedate of that Statement. If you wish to obtain thecurrent balance, you should contact your localBIA Agency Office or OST toll free at 1-888-678-6836, Extension 888.

Does your Historical Statement ofAccount cover anyother JIM accounts you may have?

No, your Historical Statement of Account onlyaddresses the transactions occurring for the judgment orper capita account number identified on the Historical

Statement of Account.How canyon report a change of address?

To report a change in address, please call or write yourlocal BIA Agency office. In an attempt to locate JIMaccount holders whose Statements are returned toOHTA by the U.S. Postal Service as not deliverable, thenames of those whose Historical Statement of Accountis returned will be available for review at your TribalHeadquarters, BIA Agency offices, and OST locations.


60/66

You can request more information on your JIMAccount activity after December 31, 2000, by mailor telephone.

U.S. Department of the Interior _!!'Office of Special Trustee4400 Masthead Street, N.E. )Albuquerque, N.M. 87109

Telephone:Toll Free1-888-678-6836, Extension 888

U.S. DEPARTMENTOF THE INTERIOR

Where Can Iget More Inf;rmation? I

Mail:

Information OnHistorical Accounting

of Judgment andPer capita IlMAcco ants

February 2007

ATTACHMENT 9Defendants' Fifth Submission in ComplianceWith May 28, 2004 Memorandum and OrderRegarding Historical Statements of Account


61/66

!j!' !H6w to Read1'our!!

Historical Statement ofAccount !

Your Historical Statement of Account describes thetransactions associated with either a judgment accountor a per capita Individual Indian Money (IIM)account. If your JIM account is a judgment account,money was awarded to the Tribe as the result of alawsuit and then distributed to each enrolled memberof the Tribe. Per capita funds also represent Tribalpayments to individuals, but the money comes from asource other than a judgment award, such as Tribaltimber sales. The details of your account are includedin the Historical Statement of Account.

1 Account-!.ctatement! - -! 1

Your account opens with a beginning balance of zero.The first transaction identifies the judgment or percapita payment made into your account. Each entryafter that represents a transaction occurring in theaccount. A date and description of each transaction isincluded in your Statement. Your Statement ends withthe account balance as of December 31, 2000. THISIS NOT THE CURRENT BALANCE. Unlessotherwise stated in the cover letter, our review of youraccount concludes that the judgment or per capitapayment, account transactions, and the December 31,2000, balance are correct.

What Shotddlli With This. ! IHistorical Stathment of4ccount!

* Carefully review the Historical Statement of Accountand compare it to your records.* If you agree with the results shown on the HistoricalStatement of Account, please retain it with your otherrecords.

* if you do not believe that the Historical Statement ofAccount or the balance it shows are correct, you may

provide OHTA with a written explanation, including anydocuments, papers, or information you want OHTA toconsider. Pleased submit your comments to OHTA within90 calendar days of the postmark on the envelopecontaining this letter. Please mail your comments to thefollowing address:

Executive DirectorOffice of Historical Trust Accounting

U.S. Department of the Interior1801 Pennsylvania Ave., N.W., Suite 500


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Washington, D.C. 20006

OHTA will consider any material and information youprovide and will respond to you after it receives yourcomments.

:! !

Please be aware that the Individual Indian Money ("JIM")account holder for whom the historical statement ofaccount to which this notice is attached was prepared maybe a member of a class action lawsuit, Cobell v.Kempthorne, No. 1:96CV01285 (D.D.C.) (JudgeRobertson). Nothing in this notice, the attached historicalstatement of account, or any letter, document, or othercommunication to which this notice may be attached willeliminate or adversely affect any rights that the JIMaccount holder for whom the attached historical statementof account was prepared may have if he or she is a classmember in the Cobell litigation. The JIM account holderfor whom the attached historical statement of account wasprepared will not eliminate or adversely affect any rightsthat he or she may have as a class member by failing to

hallenge the historical statement of account.

As a potential class member, the IIM account holder forwhom the attached historical statement of account wasprepared has the right to consult with the class counsel inthe Cobell litigation about this historical statement ofaccount or any other matter. For further information you

may contact the lawyers for the class members:Dennis M. Gingold, Esq., or Keith Harper, Esq.Written correspondence to either lawyer (or bothof them) can be directed to 607 14th Street, N.W.,9th Floor, Washington, DC 20005, or,alternatively, to the email [email protected]. In addition,you can call them directly using the following toll-free number: 1-866-383-6554. You may alsoaccess further information at the plaintifTh'website, www.indiantrust.com.

* ! ! ! :T!

! Qu twh! aidAnsWer,! -! 1

Why are you receiving hi is Historical Statementof Account?

The American Indian Trust Fund ManagementReform Act of 1994 provides that JIM accountholders be given an accounting of the funds held intrust. Your Historical Statement of Account has


63/66

been prepared to assist you in understanding thetransactions affecting the funds in your account.

Why does the historical accounting end onDecember31, 2000?

December 31, 2000, was selected because allBureau of Indian Affairs (BIA) Regions andAgencies had converted to the Trust FundsAccounting System (TFAS) by this date.Quarterly statements have been mailed for JIMaccounts since early 2000, except for estateaccounts and account holders whose currentaddress is unknown.

Will you receive a check for the balance shown?

No, this historical accounting is similar to a bankstatement. The purpose of the historicalaccounting was to review your account and makesure it was correct as of December 31, 2000.


64/66

Statement of Accounting Limitations

By. statute and policy, funds in the Individual Indian Trust Fund have, typically,been invested insecurities issued by the U.S. Treasury and U.S. Government sponsored entities.Maturities rangefrom overnight investments with the U.S. Department of the Treasury to over 10years with alarge concentration in the 5-10 year sector.

Office of the Special Trustee (OST) of the Department of the Interior (DOl)determines themonthly interest factor to credit interest to each Individual Indian Money (IIM)account based onthe total interest earnings for the month and the total average dollar balances ofIIM accounts forthe month. The interest factor used to determine the amount of interest creditedto the accountchanges with the total amount of invested funds and the prevailing rates ofinterest. For yourinformation, the following page contains a comparative summary of interest rateson investmentpools similar to the IIM Trust Fund.

DOT has identified potential discrepancies that may affect invested funds accruinginterest.Although DOT believes that these discrepancies are minimal, they may have a smallimpact onthe amount of interest credited to an account. When this issue, is resolved as thehistoricalaccounting project progresses, DOl will request an appropriation from Congress toaddress thisissue.

While the account holder's IIM account may be credited, with additional intefestin the future, theHistorical Statement of Account is a crucial, important step in completing theoverall historical'accounting project for all UM accounts. As a result of the work performed on theaccompanyingHistorical Statement of Account, DOT has confirmed several things.

* The initial deposit into the IIM account was correct.

* No improper disbursements were made from the account through December 31,

2000.

* The interest calculated by OST, based on the monthly interest distributionfactor, was

properly applied to the account.

As our work on the historical accounting project progresses, DOT will confirm theamount ofinterest an account may be entitled to and explain to you how any such interestwas determined.


65/66

ATTACHMENT 10Defendants' Fifth Submission in ComplianceWith May 28, 2004 Memorandum and OrderRegarding Historical Statements of Account


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COMPARATIVE INTEREST FACTORSJIM 10-YearOST Treasury TSP"(3"

Month Factor' Rates2 Fund3

November 1997 7.38 5.86 6.00December 1997 6.47 5.74 6.24January 1998 7.31 5.63 6.12February 1998 6.21 5.63 5.28March 1998 6.64 5.63 6.00April 1998 6.90 5.67 5.88May 1998 6.43 5.57 6.12Juiie 1998 6.95 5.46 5.76July 1998 6.57 5.50 5.88August 1998 6.43 5.20 5.88September 1998 7.77 4.67 5.28October 1993 6.60 4.63 4.92November 1998 7.38 4.83 5.04December 1998 6.87 4.75 5.16January 1999, 6.68 4.72 5.04February 1999 5.71 5.00 4.56March 1999 6.90 5.23 5.64April 1999 6.16 5.26 5.52May1999 6.14 5.56 5.64June 1999 6.39 5.98 5.88July 1999 6.23 5.86 6.24August 1999 6.69 5.81 6.36September1999 6.53 5.88 6.12October 1999 6.85 6.16 6.36November 1999 6.26 6.10 6.12December 1999 6.57 6.41 6.18January 2000 6.50 6.68 6.72February 2000 6.25 6.38 6.36March2000 6.61 6.13 6.60April2000 6.96 6.15 6.24May 2000 6.39 6.42 6.48June 2000 6.62 6,08 6.36July 2000 6.31 6.04 6.36August2000 6.31 5.75 6.24September 2000 6.85 5.82 5.88October2000 ' 6.14 5.66 6.12November2000 6.27 . 5.65 5.76December2000 6.50 5.10 5.76

OST; Albuquerque, NM

2 McCary Stevens Associates Inc. (Rates at which new issues of 10-year UnitedStates Government (USG)b d i d)

us department of justice court proceedings - 01262007 submission

Documents