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#934285 --- 12/09/08 02:14 PM Judge: Cayugas can't sell tax-free cigarettes
trump Offline
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Registered: 11/15/08
Posts: 887
Loc: USA
http://www.syracuse.com/news/index.ssf/2008/12/judge_cayugas_cant_sell_tax_fr.html

Scott Rapp / The Post-Standard Tuesday December 09, 2008, 1:18 PM

State Supreme Court Judge Kenneth R. Fisher has rejected a request by the Cayuga Indian nation for an injunction barring Cayuga and Seneca counties from enforcing state tax laws regulating the sales of cigarettes.

The judge's ruling was released today.

Cayuga County legislator Raymond Lockwood said he has not seen the decision but said it "was very favorable to us." He was notified by the county's law firm, Harris Beach, of Rochester.

Sheriff's deputies in the two counties seized the cigarettes and records in coordinated simultaneous raids carried out two days before Thanksgiving.

The two stores have not sold cigarettes since the raids, but sales of cigars and other tobacco products have continued. Those tobacco products are regulated by a different section of state tax law and were not part of the county action.

The Cayugas had asked the judge to bar the counties from trying to enforce state law requiring the Indian nation to pay excise and sales tax due on cigarettes at the Cayuga's two LakeSide Trading stores, one in Union Springs and the other in Seneca Falls. The Cayugas also wanted the more than 17,000 cartons of cigarettes returned, along with business records.

Eleven lawyers made their cases in court last week.

It was clear then the case before Fisher would come down to this:

Do the Cayugas have sovereign nation rights to sell tax-free cigarettes at their LakeSide Trading gas station and convenience stores in Union Springs and Seneca Falls?

The lawyers representing the counties collectively argued that the nation lost sovereign rights in 2005 when the U.S. Supreme Court rejected a parallel land-claim case involving the Oneida Indian Nation. Later, a federal appeals court dismissed the Cayugas' land claim on similar grounds.

Lawyers for the Cayugas collectively disagreed and said the top court ruling did not disestablish their reservation, which they said still comprises 64,000 acres of ancestral homeland around the north end of Cayuga Lake.

They said the land on which the nation's stores sit is considered under state law to be a qualified reservation, which the lawyers said permits the Cayugas to sell tax-free cigarettes and other goods.

Lawyers for the Cayugas also argued that the counties are trying to enforce a state tax law that was enjoined from being enforced two years ago.

The cigarette tax issue was rekindled last month when sheriff's deputies from both counties raided the two stores and seized all of the nation's 17,600 cartons of cigarettes for not paying about $485,000 in state excise taxes on them. The excise tax does not include state sales tax.

District attorneys in both counties are considering filing criminal charges.
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#934336 --- 12/09/08 03:27 PM Re: Judge: Cayugas can't sell tax-free cigarettes [Re: trump]
grinch Offline
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Registered: 08/28/01
Posts: 4617
Loc: New York State
Congratulations to both DA's and the sheriff's of both counties for taking this action.

If the Cayuga have any mortgages on property they have purchased we may see some foreclosures as their source of income has been effetively reduced.

Property taxes will also be due and payable.

Reading through the Judge's ruling checkerboarding is mentioned several times, also the fact the lands in question have been under NYS and local jurisdiction for over 200 years. The question of land being taken into trust not fully addressed in this ruling as that went beyond what the court was asked to consider in this case.

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#934345 --- 12/09/08 03:42 PM Re: Judge: Cayugas can't sell tax-free cigarettes [Re: grinch]
Rigatoni Offline
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Registered: 01/26/07
Posts: 163
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Originally Posted By: grinch

Reading through the Judge's ruling checkerboarding is mentioned several times, also the fact the lands in question have been under NYS and local jurisdiction for over 200 years. The question of land being taken into trust not fully addressed in this ruling as that went beyond what the court was asked to consider in this case.

Where did you see that? There was no mention of "checkerboarding " in todays ruling. You are probably referring to the Sherrill decision vs the Oneida Nation, which has nothing to do with this case.

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#934347 --- 12/09/08 03:45 PM Re: Judge: Cayugas can't sell tax-free cigarettes [Re: Rigatoni]
bluezone Offline
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Registered: 12/19/04
Posts: 32557
Loc: USA
Time to confiscate ALL the land that they purchased as the money was gained ILLEGALLY.

Will the operators be arrested and jailed?


The little town of Sherrill.
The little county of Seneca.
The little county of Cayuga.


Defeats the the tribe and enforces the laws.


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#934401 --- 12/09/08 04:27 PM Re: Judge: Cayugas can't sell tax-free cigarettes [Re: Rigatoni]
bluezone Offline
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Registered: 12/19/04
Posts: 32557
Loc: USA
Time to chain the doors closed as the gas is being sold illegally also.





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"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#934407 --- 12/09/08 04:31 PM Re: Judge: Cayugas can't sell tax-free cigarettes [Re: Rigatoni]
grinch Offline
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Registered: 08/28/01
Posts: 4617
Loc: New York State
Originally Posted By: Rigatoni
Originally Posted By: grinch

Reading through the Judge's ruling checkerboarding is mentioned several times, also the fact the lands in question have been under NYS and local jurisdiction for over 200 years. The question of land being taken into trust not fully addressed in this ruling as that went beyond what the court was asked to consider in this case.

Where did you see that? There was no mention of "checkerboarding " in todays ruling. You are probably referring to the Sherrill decision vs the Oneida Nation, which has nothing to do with this case.


Here is the Judge's ruling, all 30 pages.

http://blog.syracuse.com/news/2008/12/Cayuga_Indian_Nation_v_Gould.pdf

Read the judges ruling at the website I posted, not the newspaper articles. Go to the source, checkerboarding is mentioned in the ruling by the Judge. He also mentions the Sherill decision and did use that in his ruling concerning whether or not the land in question was a "qualified reservation" His conclusion, it is not a reservation. And yes it has a bearing on this case. In fact the injunctiion the Cayugas sued for was based on their assertion the two stores were on a "qualified Reservation". The Sherill decision dispelled that theory and was cited by the Judge as a reason he ruled against them.


Edited by grinch (12/09/08 04:35 PM)

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#934436 --- 12/09/08 05:00 PM Re: Judge: Cayugas can't sell tax-free cigarettes [Re: grinch]
bluezone Offline
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Registered: 12/19/04
Posts: 32557
Loc: USA
Will the tribes attorneys have to return all the money that they were paid as the money was all illegal?



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#934508 --- 12/09/08 06:58 PM Re: Judge: Cayugas can't sell tax-free cigarettes [Re: bluezone]
justaxme Offline
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Registered: 08/31/05
Posts: 2351
Loc: On top?
Time for phase II:

"Both Seneca County District Attorney Richard Swinehart and Cayuga County District Attorney Jon Budelmann agreed not to file felony tax evasion charges against the nation until after Fisher issues a decision."

By: Nate Robson / The Citizen Dec 3

Yet the Governor feels obliged to negotiate? What's he negotiating, his golden parachute and retirement benefits for sucking up to the tribes?


Edited by justaxme (12/09/08 06:58 PM)
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#934796 --- 12/10/08 06:56 AM Re: Judge: Cayugas can't sell tax-free cigarettes [Re: justaxme]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32557
Loc: USA
Have they stopped selling gas?



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"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#934871 --- 12/10/08 08:42 AM Re: Judge: Cayugas can't sell tax-free cigarettes [Re: bluezone]
Offline
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Registered: 01/09/06
Posts: 17154
Can the county bring charges under RICO?

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#934887 --- 12/10/08 09:24 AM Re: Judge: Cayugas can't sell tax-free cigarettes [Re: ]
trump Offline
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Registered: 11/15/08
Posts: 887
Loc: USA
http://www.auburnpub.com/articles/2008/12/10/local_news/news03.txt

Judge: Raids on Cayugas were legal
By Nate Robson / The Citizen

Tuesday, December 9, 2008 11:40 PM EST

AUBURN - A felony investigation into two Cayuga Nation-owned businesses accused of felony tax evasion will continue after a judge ruled on Tuesday that sheriff's deputies in Cayuga and Seneca counties legally raided the stores on Nov. 25.

After deputies seized nearly 3.5 million untaxed cigarettes, lawyers representing the tribe filed a lawsuit against the district attorneys and sheriffs in both counties, arguing the raid violated the tribe's sovereign nation status, that there were no enforceable tax laws to support a criminal investigation and that any seized evidence had to be returned.

But in a written decision, state Supreme Court Judge Kenneth Fisher, who signed the search warrant used in the raids, said the two Lake Side Trading convenience stores located in Union Springs and Seneca Falls were not located on a recognized reservation and that the businesses could be held accountable for violating state excise tax laws.

While the tribe will appeal the decision, Cayuga County District Attorney Jon Budelmann and Seneca County District Attorney Richard Swinehart said the ruling allowed them to pursue a felony indictment.

“The evidence is all collected and the analysis is all done,” Budelmann said. “I intend to present the matter to the Cayuga County grand jury ... Ultimately it will be in the grand jury's hands.”

In an e-mail, Dan French, an attorney for the tribe, said he was surprised by the decision and believed it went against several state and federal laws.

“The Cayuga Nation believes that the court's unprecedented decision is squarely at odds with both state and federal law, and the nation intends to seek a review in the appellate courts,” French said. “In the meantime, the nation intends to comply with today's decision while it seeks to vindicate its rights on appeal.”

The tribe, along with other Indian nations in New York, have claimed they are exempt from collecting sales and excise taxes on their property because their businesses are protected by their sovereign nation status.

But Budelmann said he believed the ruling would stand if it went to appeal.

“This is a 30-page, well-written and researched decision,” Budelmann said. “I really don't see it being overturned. It goes along with several other federal and state court rulings regarding this issue.”

In his decision, Fisher said that while state tax laws did recognize the Cayuga Nation as a tax exempt tribe, they didn't recognize any Cayuga-owned reservations.

Even though the land that the two businesses are located on are owned by the nation, Fisher also said they were not exempt from tax laws or recognized as a reservation because they were purchased from private individuals on the open market.

“Granting the relief demanded by the Indian Nation would upset New York's long exercised sovereignty over the area, creating a checkerboard of alternating state and tribal jurisdiction in New York state (that) would seriously burden the administration of state and local governments and would adversely effect landowners neighboring the tribal patches,” Fisher said.

Fisher also ruled that the state's inaction to enforce tax laws did not mean those laws could not be enforced by local district attorneys.

When oral arguments on the legality of the raid were heard in a Cayuga County courtroom on Dec. 3, Budelmann said he saw district attorneys from several other counties that have been dealing with tax issues with their local tribes.

With several counties calling him to find out what they need to do to investigate their local tribes, Cayuga County Sheriff David Gould said he attributed the successful raids in Cayuga and Seneca counties to the cooperation between all of the involved law enforcement agencies.


But despite the success of the raids and the support from a court ruling, Budelmann and Swinehart said their work was just beginning.

“It's far from over; it's just the beginning quite frankly,” he said. “We are now just past the search and seizure stage.”
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#934889 --- 12/10/08 09:29 AM Re: Judge: Cayugas can't sell tax-free cigarettes [Re: trump]
bluezone Offline
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Registered: 12/19/04
Posts: 32557
Loc: USA
Originally Posted By: trump
http://www.auburnpub.com/articles/2008/12/10/local_news/news03.txt

Judge: Raids on Cayugas were legal
By Nate Robson / The Citizen

Tuesday, December 9, 2008 11:40 PM EST

AUBURN - [b]A felony investigation into two Cayuga Nation-owned businesses...



I would be worried if I were Halftown or Twogun.




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"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#934892 --- 12/10/08 09:35 AM Re: Judge: Cayugas can't sell tax-free cigarettes [Re: trump]
bluezone Offline
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Registered: 12/19/04
Posts: 32557
Loc: USA
And just think a short time ago the tribe was calling others racists for having the laws applied.


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"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#934999 --- 12/10/08 01:00 PM Re: Judge: Cayugas can't sell tax-free cigarettes [Re: bluezone]
trump Offline
Senior Member

Registered: 11/15/08
Posts: 887
Loc: USA
Shutting down Lakeside cigarette sales is already helping the Seneca County tax situation!

http://www.fltimes.com/articles/2008/12/10/news/doc493fdbf8262bd005400247.txt

After long night, Seneca board OKs 2009 budget
$17,800 raise for DA among sticking points

By DAVID L. SHAW
Wednesday, December 10, 2008 11:06 AM CST

WATERLOO — It wasn’t easy, but the Seneca County Board of Supervisors Tuesday adopted a 2009 budget that shows a 1.3 percent increase in spending and no increase in the tax levy.

Dresser said the shutdown of cigarettes sales at the Cayuga Indian Nation-owned convenience store in Seneca Falls has led to increased cigarette sales at non-Indian stores, thus increasing sales tax revenue to the county.
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#935062 --- 12/10/08 03:17 PM Re: Judge: Cayugas can't sell tax-free cigarettes [Re: ]
Rich_Tallcot Offline
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Registered: 01/19/03
Posts: 5565
Loc: Greeneville, TN
Originally Posted By: Festus!
Can the county bring charges under RICO?
Booomburg was authorized by the Second Circuit to use RICO against the L.I. tribes and Washington State is using RICO against the Yakama. Anything is possible. The right connections have to be made to proceed with such an action. Basically, I think all that has to be proven is that sales to a non-tribal citizen were being resold. That may or may not have been done. Once applied, tribes have NO sovereign immunity from it. BUT, the tribe already opened the door to the courts by filing the initial lawsuit. Furthermore, these laws apply TO reservations. Their arguments claiming the laws do not apply because of claimed reservation status are hollow. The fact this is NOT a reservation only makes the situation more obvious, except for those that refuse to accept the obvious.

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#935515 --- 12/11/08 08:00 AM Re: Judge: Cayugas can't sell tax-free cigarettes [Re: Rich_Tallcot]
bluezone Offline
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Registered: 12/19/04
Posts: 32557
Loc: USA
Originally Posted By: Rich_Tallcot
... The fact this is NOT a reservation only makes the situation more obvious, except for those that refuse to accept the obvious.


The tribe is the one "breaking" the treaties.
It was interesting to see tribal supporters with posters saying "honor our treaties" at the judges ruling.
More propaganda by the tribes as they are violating the laws/treaties.
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"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#936233 --- 12/12/08 04:42 AM Re: Judge: Cayugas can't sell tax-free cigarettes [Re: bluezone]
justaxme Offline
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Registered: 08/31/05
Posts: 2351
Loc: On top?
Originally Posted By: bluezone
Have they stopped selling gas?.


Yes they are shut down. Evidently they can't seem to make a go of it by obeying the rules every other convenient store has to.
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#936532 --- 12/12/08 01:03 PM Re: Judge: Cayugas can't sell tax-free cigarettes [Re: trump]
bluezone Offline
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Registered: 12/19/04
Posts: 32557
Loc: USA
Originally Posted By: trump


District attorneys in both counties are considering filing criminal charges.




It would be done with anyone else breaking the law to this extent.



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"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#967129 --- 01/26/09 07:38 AM Re: Judge: Cayugas can't sell tax-free cigarettes [Re: justaxme]
bluezone Offline
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Registered: 12/19/04
Posts: 32557
Loc: USA
Originally Posted By: justaxme
Originally Posted By: bluezone
Have they stopped selling gas?.


Yes they are shut down. Evidently they can't seem to make a go of it by obeying the rules every other convenient store has to.



Wonder how other tax paying stores survive?
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"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#967980 --- 01/27/09 10:50 AM Re: Judge: Cayugas can't sell tax-free cigarettes [Re: justaxme]
bluezone Offline
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Registered: 12/19/04
Posts: 32557
Loc: USA
Paterson needs a backbone.
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