Sham Indian tribe formed in an Arby's restaurant loses federal RICO case
U.S. District Court Judge Stephen P. Friot ruled that James W. Burbank, Martin T. Campbell, Dale N. Stevens, and Thomas Smith used three organizations to try to intimidate government officials and extort money from them, in violation of the federal civil Racketeer Influenced and Corrupt Organizations Act.
Burbank, Campbell and Stevens all claim to be members of a group called the Wampanoag Nation, Tribe of Grayhead, Wolf Band. The group — formed in 2003 in a Provo Arby's restaurant — is not affiliated with the Massachusetts-based Wampanoag Tribe, which is federally-recognized.
Friot said the Arby's-founded Wampanoag tribe was used by Burbank, Campbell, and Stevens "as an instrument for the perpetration of fraud, for the purpose of attempting to commit extortion, and for the purpose of obstructing justice."
"As an Indian tribe, the Wampanoag Nation is a complete sham," the judge said, pointing to the fact that Stevens granted one man membership in the group because "he is a believer in fighting for liberty."
Friot said Smith conspired with the other three men to create phony arbitration judgments against former Uintah County Sheriff Rick Hawkins, Uintah County Sheriff's Lt. John Laursen, Uintah County Attorney JoAnn Stringham, Duchesne County Justice Court Judge Clair Poulson, and Vernal City Attorney Clark McClellan.
Some of the judgments — $250 million alone against Stringham — were recorded with the central filing office of the Utah Division of Corporations. The recorded judgments harmed the personal credit of the individuals targeted by Burbank, Campbell, Stevens and Smith, the judge noted.
Friot's ruling came at the close of a two-day civil RICO trial that arose out of a 2004 lawsuit filed by Burbank against a litany of federal, state, and local agencies and officials. In the lawsuit, Burbank argued that his truck should not have been impounded by Laursen following a 2003 traffic stop in Uintah County because it was an "Indian licensed vehicle."
Laursen, Hawkins, and Stringham were among the individuals listed in Burbank's complaint as defendants in his civil suit. Attorneys for Uintah County filed a counterclaim against Burbank, Campbell, Stevens and Smith, arguing that the men's actions constituted civil RICO violations.
"I think this is the first time county law enforcement has used the federal racketeering statute to shut down a criminal enterprise," said Jesse Trentadue, who represented Uintah County in the case. "Apparently the way (Burbank, Campbell, Stevens and Smith) have treated people, it's a bit of comeuppance."
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I was all set to join!!!
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Sorry, I meant the USA not the intermountain west. Most...
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