WampaGate

The Outsiders’ Way

Using Indian sovereignty for personal profit

By Peter Kenney

Following the best of their own ancient traditions, members of the Mashpee Wampanoag tribe called for a meeting and then did business. More than one hundred strong, they met on their own tribal property and one after another spoke of the things that cause them concern. The main focus of the day was the shunning last year of members who had demanded access to the tribe's books. In the end, an impassioned chief Vernon 'Silent Drum" Lopez made it clear that -- by the ancient rules of tribal governance -- the shunning was not justified and should be revoked. More than one hundred voices voted agreement.

The profit motive

Now comes the problem. The tribe is still in the grips of a so-called tribal government under the rule of an elected tribal council who will not give in to the will of the membership or the chief. That council, although elected by the membership, is clearly controlled by outsiders whose only interest in Indian affairs is how to use Indian sovereignty to profit from gambling.

In the drive to build a casino in Middleboro under the auspices of the newly recognized sovereign Mashpee nation, these outsiders -- Len Wolman and Sol Kirzner -- even pay the white man from Boston who is identified as spokesman for the council. That man is Scott Ferson, president of the Liberty Square Group, former press spokesman for Sen. Ted Kennedy and formerly a senior campaign operative for various Massachusetts political figures.

The status quo – just do what you’re told

Ferson has had no comment on the latest efforts by tribe members to regain control of their own affairs. He clearly prefers the status quo -- council chairman Shawn Hendricks doing what he is told by the outside investors and running roughshod over tribal members. If I were a betting man, I would put my money on the tribe. Members are becoming increasingly uneasy about what they might find if they are ever allowed to examine the various agreements signed in their behalf by the former tribal council chairman, Glenn Marshall.

Something’s rotten in the council

Marshall was forced to resign in a firestorm of controversy after CapeCodToday.com published the first evidence of his sordid past. He had lied for years about his military record and had been convicted of rape. Then there was the matter of the federal investigation by the IRS and the Justice Department into his handling of tribal affairs, not to mention certain shadowy corporations he controlled along with Hendricks and others. Members of the tribe are deeply concerned about the extent to which this known liar may have sold out tribal interests to outsiders in return for personal enrichment. And they are concerned that his successor, Shawn Hendricks is no better.

Tribal elder Amelia Bingham, her son Stephen and two daughters remain shunned because the Hendricks tribal council will not relent. These four knew something was rotten at the council and suffered shunning as a reward for their attempts to find out how bad things actually were.

Glenn Marshall’s class act is in safe hands

Meanwhile, perched behind the wheel of his shiny black SUV, council chairman Hendricks drives around town holding up his middle finger in salute whenever he sees another tribe member who has spoken out against his rule.

The class act that was Glenn Marshall is clearly safe in the hands of Hendricks. Imagine, Glenn Marshall caused the tribe national publicity of the worst kind and he is still welcome anywhere on tribal property and at all tribal functions because that is the Indian way. But Amelia Bingham and the other shunned members cannot even vote in elections for their own tribal business. That is the Ferson-Wolman-Kirzner-McDermott-Hendricks way.

Questions for Scott Ferson

For some reason, members of the media are letting Scott Ferson off the hook. He has consistently declared himself the tribe's spokesman...what does he have to say now?

Since the right questions aren’t being asked elsewhere, CapeCodToday.com poses the following questions to Scott Ferson:

1.   Why will the Mashpee Wampanoag Tribal Council not follow the words of the tribe's chief and revoke the shunnings?

2.   Do you have any knowledge of undue influence being exerted over tribal matters by any non-tribal members, including yourself?

3.   Who is exerting such influence other than yourself? Atty. Bill McDermott? Len Wolman and/or Sol Kirzner?

4.   Is it true that the tribe has been committed by contract to an arrangement with Kirzner and Wolman under which the tribe will not receive any share of income in the Middleboro casino complex other than from the actual gambling operations? This means that income from hotels, shops, boutiques, restaurants, parking concessions, health clubs, golf courses, nightclubs, etc....all non-gambling activities...will profit only non-tribal interests.

5.   Is it true that the tribe has been committed by contract to granting 40 percent of gambling profits to outsiders even though the Federal Indian Gaming Control Act stipulates that no more than 30 percent shall go to non-tribal interests? (Up to 40 percent under "extraordinary " circumstances) What are the "extraordinary circumstances" -- other then the greed of Wolman and Kirzner -- making the higher share justifiable?

6.   Is it true that those few members of the Mashpee Wampanoag tribe who have seen draft agreements have been required to sign confidentiality agreements?

7.   Have you ever engaged in any actions designed to conceal any conduct by any person(s) or entities adverse to the interests of the members of the Mashpee Wampanoag tribe?

8.   Are you aware of any actions by any person(s) or entities, which are or have been contrary to the interests of the Mashpee Wampanoag tribe? If so, please identify both the action(s) and actor(s).

9.   What do you know of the tribal council’s secret purging of tribal rolls conducted to stifle opposition to the outsiders' seizing control of tribal affairs? What do you know of the claims heard in Mashpee that many new and unknown faces have apparently been allowed tribal enrollment?

10.  Are you now, or have you ever been, by your own words and/or deeds guilty of any dishonest or unlawful actions adverse to the interests of the Mashpee Wampanoag tribe?

Of course, there is always that one last question that the ordinary political bottom-feeders find impossible to answer: Who do you think you are?