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RICO WAMPUM

RICO WAMPUM

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Published by Rumpole21

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Published by: Rumpole21 on Jul 04, 2012
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UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF FLORIDAMiami DivisionCase No.MICCOSUKEE TRIBE OF INDIANSOF FLORIDA, a sovereign nation andFederally recognized Indian tribe,Plaintiff,vs.BILLY CYPRESS; DEXTER WAYNELEHTINEN, ESQUIRE; MORGAN STANLEYSMITH BARNEY; JULIO MARTINEZ;MIGUEL HERNANDEZ; GUY LEWIS,ESQUIRE; MICHAEL TEIN, ESQUIRE;AND LEWIS TEIN, PL, A PROFESSIONALASSOCIATION.Defendants. / 
COMPLAINT
COMES NOW Plaintiff the Miccosukee Tribe of Indians of Florida (hereinafter, the
MICCOSUKEE TRIBE
”) by and through its undersigned counsel and brings this action
against Billy Cypress (hereinafter,
“Defendant CYPRESS”),
Dexter Wayne Lehtinen,
Esquire (hereinafter, “Defendant ATTORNEY LEHTINEN”)
, Morgan Stanley Smith Barney
(hereinafter, “
Defendant MORGAN STANLEY
”), Julio Martinez (hereinafter, “
DefendantMARTINEZ
”)
,
Miguel Hernandez (hereinafter, “
Defendant H
ERNANDEZ”), Guy Lewis,
Esquire (h
ereinafter, “
Defendant ATTORNEY L
EWIS”), Mi
chael Tein (hereinafter,
Defendant ATTORNEY TEIN
”),
and Lewis Tein, P.L.
(hereinafter, “
Defendant LEWISTEIN, PL
”) and as support thereof states:
Case 1:12-cv-22439-MGC Document 1 Entered on FLSD Docket 07/01/2012 Page 1 of 78
 
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NATURE OF THE SUIT
1.
 
The MICCOSUKEE TRIBE brings this suit for racketeering, conspiracy tocommit racketeering, fraud, aiding and abetting fraud, embezzlement, civil theft, and breachof fiduciary duty against Defendants, who conspired with each other and specifically withDefendant CYPRESS to aid, abet, create, advance and perpetrate an enormous fraud andtheft scheme through which Defendant CYPRESS and the other Defendants eitherparticipated, facilitated and/or assisted in stealing, diverting, converting, using, andmisappropriating millions of dollars that belonged to the MICCOSUKEE TRIBE and theMICCOSUKEE PEOPLE and which were in the care, possession, control, and supervision of the Defendants.
JURISDICTION AND VENUE
2.
 
This Court has jurisdiction over the subject matter of this suit by virtue of:a.
 
Federal question jurisdiction pursuant to 28 U.S.C. § 1331, involving anaction pursuant to 18 U.S.C. §§ 1964(a) and (c), the Federal RacketeerInfluenced and Corrupt Organizations Act (RICO);b.
 
Supplemental jurisdiction pursuant to 28 U.S.C. § 1367(a), involving
claims that are so related to claims in the action within the Court’s original
 jurisdiction that they form part of the same case or controversy underArticle III of the United States; and,3.
 
This Court has jurisdiction over the Defendants because:a.
 
Each defendant either resides or transacts business within this judicialdistrict; and,
Case 1:12-cv-22439-MGC Document 1 Entered on FLSD Docket 07/01/2012 Page 2 of 78
 
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b.
 
Each Defendant is amenable to service of process within the meaning of Federal Rule of Civil Procedure 4(e), 4(f) and 18 U.S.C. § 1965(b).4.
 
Venue is proper pursuant to 18 U.S.C. § 1965 and 28 U.S.C. § 1391 becauseDefendants either reside or transact business in this district, or alternatively, a substantial partof the events or omissions giving rise to the claim occurred in this district.
PARTIES AND GENERAL ALLEGATIONS
5.
 
The MICCOSUKEE TRIBE, located in Miami-Dade County, Florida, is asovereign nation and federally recognized Indian tribe exercising powers of self-governanceunder a Tribal Constitution approved by the Secretary of the Interior, pursuant to the IndianReorganization Act of 1934, 25 U.S.C. § 461 et. Seq.6.
 
From 2005 until and including 2009, at which time Defendant CYPRESS waspolitically defeated, Defendant CYPRESS was the elected Chairman of the MICCOSUKEETRIBE. In this capacity, Defendant CYPRESS oversaw, controlled, supervised and hadunrestricted access and control over all the financial funds and records of theMICCOSUKEE TRIBE subject to this lawsuit.7.
 
From 2005 until and including 2009, Defendant CYPRESS and theDefendants, acting in concert with each other, secretly controlled, reviewed, supervised andmaintained these financial transactions and all documents related to these financialtransactions in secret, and prevented other officers of the MICCOSUKEE TRIBE and theMICCOSUKEE PEOPLE from learning or being fully informed about these transactions.Consequently, the MICCOSUKEE TRIBE and the MICCOSUKEE PEOPLE were unable todiscover this massive web of financial theft, embezzlement and fraud until 2010.
Case 1:12-cv-22439-MGC Document 1 Entered on FLSD Docket 07/01/2012 Page 3 of 78

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