Case 6:06-cv-00558-RAW Document 73 Filed in USDC ED/OK on 11/03/2009 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA ALABAMA-QUASSARTE TRIBAL TOWN, ) ) Plaintiff, ) ) v. ) Case No. 6:06cv00558-RAW ) UNITED STATES OF AMERICA, et al., ) ) Defendants. ) ) DEFENDANTS WITNESS LIST Pursuant to the Court s July 8, 2009 Order, Defendants United States of America et al. (Defendants) respectfully submit the following preliminary list of witnesses (set forth in alphabetical order) whom Defendants may call to testify at trial. 1. Gordon J. Alexander, Ph.D. Carlson School of Management University of Minnesota 321 19th Avenue South Minneapolis, Minnesota 55455 Tel: 612-624-8598 1/ Witnesses Who May Be Presented if the Need Arises Dr. Alexander is a Professor of Finance and currently holds the John Spooner Chair in Investment Management at the University of Minnesota s Carlson School of Management. He may offer expert testimony to rebut testimony or evidence offered by Plaintiff Alabama-Quassarte Tribal Town (Plaintiff) regarding Plaintiff s remaining accounting claim, including any allegations regarding Defendants management of Plaintiff s trust funds, if any, and the trust funds to which Plaintiff claims an interest. 1/ Defendants provide herein the work addresses and office telephone numbers of their witnesses. Defendants respectfully request that if the Court requires that Defendants disclose the home addresses and telephone numbers of their witnesses, the Court issue an order to that effect, so that Defendants can ensure strict compliance with the requirements of the Privacy Act, 5 U.S.C. 552a.
Case 6:06-cv-00558-RAW Document 73 Filed in USDC ED/OK on 11/03/2009 Page 2 of 10 2. Melvin Burch Office of the Special Trustee for American Indians 4400 Masthead NE, Suite 300 Tel: 505-816-1465 Mr. Burch is the Regional Fiduciary Trust Administrator for the Southern Plains and Southwest Regions, Office of the Special Trustee for American Indians (OST), Interior Department. He may offer fact testimony to rebut testimony or evidence offered by Plaintiff regarding Plaintiff s remaining accounting claim, including any allegations regarding the Interior Department s management of Plaintiff s trust funds, if any; any allegations about the funds to which Plaintiff claims an interest; and the agency s provision of information to Plaintiff about those funds, from 1995 to present. 3. Gregory J. Chavarria, CPA Clifton Gunderson, LLP 100 Sun Avenue NE, Suite 200 Tel: 505-246-9777 Mr. Chavarria is a certified public accountant and a member of the public accounting firm of Clifton Gunderson, LLP. He may offer fact or expert testimony to rebut testimony or evidence offered by Plaintiff regarding Plaintiff s remaining accounting claim, including any allegations regarding Defendants management of Plaintiff's trust funds, if any; any allegations about the funds to which Plaintiff claims an interest; and any allegations about the Interior Department s trust fund reconciliation project and any associated issues, such as the reconciliation project analyses, methodologies, and results that pertain to Plaintiff, and the Tribal Trust Funds Reconciliation Project, Agreed-Upon Procedures and Findings Report for the Alabama-Quassarte Tribal Town, July 1, 1972 Through September 30, 1992. 4. Bob Coleman Eastern Oklahoma Region Bureau of Indian Affairs 101 North 5th St Muskogee, Oklahoma 74401-6206 Tel: 918-781-4600 Mr. Coleman is the Deputy Regional Director for Trust Services, Eastern Oklahoma Region, Bureau of Indian Affairs (BIA), Interior Department. He may offer fact testimony to rebut testimony or evidence offered by Plaintiff regarding Plaintiff s remaining accounting claim, including any allegations about the relationship between Defendants and Plaintiff; any allegations about the Interior Department s management of Plaintiff s non-monetary trust assets or trust -2-
Case 6:06-cv-00558-RAW Document 73 Filed in USDC ED/OK on 11/03/2009 Page 3 of 10 resources, if any; and any allegations regarding Plaintiff s access to information held by Interior regarding Plaintiff s non-monetary trust assets, if any. 5. Ron Cymbor Financial Management Service United States Department of the Treasury 3700 East-West Highway Hyattsville, Maryland 20782 Tel: 202-874-8340 Mr. Cymbor is the Director, Check Resolution Division, Payment Management, Financial Management Service (FMS), Treasury Department. He may offer fact testimony to rebut testimony or evidence offered by Plaintiff regarding (1) the current FMS system used to reconcile Treasury checks (Treasury Check Information System, or TCIS); (2) the system previous used by FMS to reconcile Treasury checks (Check Payment and Reconciliation System, or CP&R); (3) the system used to process the accounting associated with check claims (Treasury Accounting and Collection System, or TRACS); and (4) disbursements related to Tribes. 6. Caren Dunne, CPA Clifton Gunderson LLP 100 Sun Avenue NE, Suite 200 Tel: 505-246-9777 Ms. Dunne is a certified public accountant and a member of the public accounting firm of Clifton Gunderson, LLP. She may offer fact or expert testimony to rebut testimony or evidence offered by Plaintiff regarding Plaintiff's remaining accounting claim, including any allegations regarding Defendants management of Plaintiff's trust funds, if any; any allegations about the funds to which Plaintiff claims an interest; and any allegations about the Interior Department's trust fund reconciliation project and any associated issues, such as the reconciliation project analyses, methodologies, and results that pertain to Plaintiff, and the Tribal Trust Funds Reconciliation Project, Agreed-Upon Procedures and Findings Report for the Alabama-Quassarte Tribal Town, July 1, 1972 Through September 30, 1992. 7. Donna M. Erwin Office of the Special Trustee for American Indians United States Interior Department 1849 C. Street, NW Washington, D.C. 20240 Tel: 505-816-1313 Office of the Special Trustee for American Indians 4400 Masthead NE, Suite 300-3-
Case 6:06-cv-00558-RAW Document 73 Filed in USDC ED/OK on 11/03/2009 Page 4 of 10 Tel: 505-816-1465 Ms. Erwin is the Acting Special Trustee for American Indians, Interior Department. She may offer fact testimony to rebut testimony or evidence offered by Plaintiff regarding Plaintiff's remaining accounting claim, including any allegations regarding the Interior Department's management of Plaintiff's trust funds, if any; any allegations about the funds to which Plaintiff claims an interest; and the agency's provision of information to Plaintiff about those funds, from 1995 to present. 8. Michael Estes Office of Historical Trust Accounting 1801 Pennsylvania Avenue, NW, Suite 500 Washington, D.C. 20006 Tel: 202-254-2125 Mr. Estes is a program analyst for the Office of Historical Trust Accounting (OHTA), Interior Department. As a member of OHTA s Tribal Division, he is responsible for performing tasks such as collecting, analyzing, sharing, and explaining, historical accounting information. He may offer fact testimony to rebut testimony or evidence offered by Plaintiff regarding Plaintiff's remaining accounting claim, including any allegations regarding the Interior Department's accounting of Plaintiff's trust funds, if any; any allegations about the funds to which Plaintiff claims an interest; and the agency's provision of information to Plaintiff about those funds. 9. Charles Evans Office of the Special Trustee for American Indians 4400 Masthead NE, Suite 300 Tel: 505-816-1465 Mr. Evans is the Chief, Division of Trust Funds Investments, OST, Interior Department. He may offer fact testimony to rebut testimony or evidence offered by Plaintiff regarding Plaintiff's remaining accounting claim, including any allegations regarding the Interior Department's management of Plaintiff's trust funds, if any; any allegations about the funds to which Plaintiff claims an interest; and the agency's provision of information to Plaintiff about those funds, from 1995 to present. 10. Mark Evans, CPA Clifton Gunderson LLP 100 Sun Avenue NE, Suite 200 Tel: 505-246-9777-4-
Case 6:06-cv-00558-RAW Document 73 Filed in USDC ED/OK on 11/03/2009 Page 5 of 10 Mr. Evans is a certified public accountant and a member of the public accounting firm of Clifton Gunderson, LLP. He may offer fact or expert testimony to rebut testimony or evidence offered by Plaintiff regarding Plaintiff's remaining accounting claim, including any allegations regarding Defendants management of Plaintiff's trust funds, if any; any allegations about the funds to which Plaintiff claims an interest; and any allegations about the Interior Department's trust fund reconciliation project and any associated issues, such as the reconciliation project analyses, methodologies, and results that pertain to Plaintiff, and the Tribal Trust Funds Reconciliation Project, Agreed-Upon Procedures and Findings Report for the Alabama-Quassarte Tribal Town, July 1, 1972 Through September 30, 1992. 11. Jeanette Hanna Eastern Oklahoma Region Bureau of Indian Affairs 101 North 5th St. Muskogee, Oklahoma 74401-6206 Tel: 918-678-2296 Ms. Hanna is the Regional Director, Eastern Oklahoma Region, BIA, Interior Department. She may offer fact testimony to rebut testimony or evidence offered by Plaintiff regarding Plaintiff's remaining accounting claim, including any allegations about the relationship between Defendants and Plaintiff; any allegations about the Interior Department's management of Plaintiff's non-monetary trust assets or trust resources, if any; and any allegations regarding Plaintiff's access to information held by Interior regarding Plaintiff's non-monetary trust assets, if any. 12. Kelly Harjo Okmulgee Agency Bureau of Indian Affairs P.O. Box 370, Highway 75 Okmulgee, Oklahoma 74447 Tel: 918-756-3950 Mr. Harjo is the Superintendent of the Okmulgee Agency, BIA, Interior Department. He may offer fact testimony to rebut testimony or evidence offered by Plaintiff regarding Plaintiff's remaining accounting claim, including any allegations about the relationship between Defendants and Plaintiff; any allegations about the Interior Department's management of Plaintiff's non-monetary trust assets or trust resources, if any; and any allegations regarding Plaintiff's access to information held by Interior regarding Plaintiff's non-monetary trust assets, if any. 13. Annette Jenkins Eastern Oklahoma Region Bureau of Indian Affairs 101 North 5th St. -5-
Case 6:06-cv-00558-RAW Document 73 Filed in USDC ED/OK on 11/03/2009 Page 6 of 10 Muskogee, Oklahoma 74401-6206 Tel: 918-781-4658 Ms. Jenkins is the Regional Realty Officer for the Eastern Oklahoma Region, BIA, Interior Department. She may offer fact testimony to rebut testimony or evidence offered by Plaintiff regarding the relationship between the United States and Plaintiff, information regarding Plaintiff's remaining accounting claim, including any allegations about the relationship between Defendants and Plaintiff; any allegations about the Interior Department's management of Plaintiff's non-monetary trust assets or trust resources, if any; and any allegations regarding Plaintiff's access to information held by Interior regarding Plaintiff's non-monetary trust assets, if any. 14. John H. McClanahan Office of Historical Trust Accounting 1801 Pennsylvania Avenue, NW, Suite 500 Washington, D.C. 20006 Tel: 202-254-2127 Mr. McClanahan is the Tribal Trust Accounting Program Manager, OHTA, Interior Department. He is responsible for the management OHTA s Tribal Division and provides direction, oversight, and guidance to staff for the performance of tasks such as collecting, analyzing, sharing, and explaining historical accounting information. He may offer fact testimony to rebut testimony or evidence offered by Plaintiff regarding Plaintiff's remaining accounting claim, including any allegations regarding the Interior Department's accounting of Plaintiff's trust funds, if any; any allegations about the funds to which Plaintiff claims an interest; and the agency's provision of information to Plaintiff about those funds. 15. AnneMarie Moore, Ph.D. Morgan, Angel & Associates 8000 Harrisonburg Ct. NW Albuquerque, New Mexico 87120 Tel: 505-898-0884 Dr. Moore earned a Ph.D. in Natural Resources from the University of Idaho. She currently works as a research associate at Morgan, Angel & Associates, a firm which specializes in public policy research and evaluation, litigation activities, and expert witness reports and testimony, with particular emphasis on American Indian, public land, and natural resources matters. She may offer fact or expert testimony to rebut testimony or evidence offered by Plaintiff regarding any allegations about the relationship between Defendants and Plaintiff; any allegations about the Interior Department's management of Plaintiff's non-monetary trust assets or trust resources, if any; and any allegations regarding the historic status, ownership, and usage of the parcel of lands known as the Wetumka Project lands. 16. Karen Stills -6-
Case 6:06-cv-00558-RAW Document 73 Filed in USDC ED/OK on 11/03/2009 Page 7 of 10 Eastern Oklahoma Region Bureau of Indian Affairs 101 North 5th St. Muskogee, Oklahoma 74401-6206 Tel: 918-781-4631 Ms. Stills is the Land, Titles, Record Officer for the Eastern Oklahoma Region, BIA, Interior Department. She may offer fact testimony to rebut testimony or evidence offered by Plaintiff regarding Plaintiff s remaining accounting claim, including any allegations about the relationship between Defendants and Plaintiff; any allegations about the Interior Department's management of Plaintiff's non-monetary trust assets or trust resources, if any; and any allegations regarding Plaintiff's access to information held by Interior regarding Plaintiff's non-monetary trust assets, if any. 17. Laura T. Starks, Ph.D. Department of Finance University of Texas Austin, Texas 78712 Tel: 512-471-5899 Dr. Starks is a Professor of Finance and currently holds the Charles E. and Sarah M. Seay Regents Chair in Finance at the University of Texas. She may offer expert testimony to rebut testimony or evidence offered by Plaintiff regarding Plaintiff s remaining accounting claim, including any allegations about the adequacy of any accounting that Plaintiff received from Defendants, the fiduciary duty standard of a government trustee, and the Interior Department s conduct as it relates to this standard. 18. Jim Sturgill Financial Management Service United States Department of the Treasury 3700 East-West Highway Hyattsville, Maryland 20782 Tel: 202-874-8340 Mr. Sturgill is the Assistant Commissioner, Government-Wide Accounting, FMS, Treasury Department. He may offer fact testimony to rebut testimony or evidence offered by Plaintiff regarding the financial infrastructure for federal central accounting and government-wide reporting, as well as the reconciliation of agency and bank reporting differences and the generation of regular daily, monthly and quarterly financial reports. 19. David Winter Financial Management Service United States Department of the Treasury -7-
Case 6:06-cv-00558-RAW Document 73 Filed in USDC ED/OK on 11/03/2009 Page 8 of 10 3700 East-West Highway Hyattsville, Maryland 20782 Tel: 202-874-8340 Mr. Winter is the Director, PACER Staff, Payment Management, FMS, Treasury Department. He may offer fact testimony to rebut testimony or evidence offered by Plaintiff regarding the PACER On-line system (a system that provides on-line status of payments and claims) and Tribal-related checks. 20. Robert Winter Office of the Special Trustee for American Indians 4400 Masthead NE, Suite 300 Tel: 505-816-1313 Mr. Winter is the Acting Deputy Special Trustee for Trust Services and Director of Trust Reporting and Reconciliation, OST, Interior Department. He may offer fact testimony to rebut testimony or evidence offered by Plaintiff regarding Plaintiff's remaining accounting claim, including any allegations regarding the Interior Department's management of Plaintiff's trust funds, if any; any allegations about the funds to which Plaintiff claims an interest; and the agency's provision of information to Plaintiff (e.g., the statements of performance) about those funds, from 1995 to present. Defendants reserve the right to modify, supplement, or amend the foregoing list of witnesses, as necessary or appropriate and in accordance with the law. Also, Defendants reserve the right to call any witness named in Plaintiff s witness list and any witness who has been or will be disclosed, as necessary or appropriate and as discovery continues in this case. Further, Defendants reserve the right to object to the witnesses of any party. -8-
Case 6:06-cv-00558-RAW Document 73 Filed in USDC ED/OK on 11/03/2009 Page 9 of 10 Respectfully submitted this 3rd day of November, 2009, JOHN C. CRUDEN Acting Assistant Attorney General /s/ Sara E. Costello ANTHONY P. HOANG SARA E. COSTELLO United States Department of Justice Environment and Natural Resources Division Natural Resources Section P.O. Box 663 Washington, D.C. 20044-0663 Tel: (202) 305-0241 Tel: (202) 305-0466 Fax: (202) 353-2021 Attorneys for Defendants OF COUNSEL: THOMAS BARTMAN KENNETH A. DALTON Office of the Solicitor Washington D.C. 20240 REBECCA SALTIEL THOMAS KEARNS United States Department of the Treasury Financial Management Service Office of the Chief Counsel Washington, D.C. 20227-9-
Case 6:06-cv-00558-RAW Document 73 Filed in USDC ED/OK on 11/03/2009 Page 10 of 10 CERTIFICATE OF SERVICE I hereby certify that, on November 3, 2009, I electronically transmitted the foregoing document to the Clerk of the Court, using the ECF system for filing and transmittal of a Notice of Electronic Filing to the following ECF registrants: Gary S. Pitchlynn gspitchlynn@pitchlynnlaw.com O. Joseph Williams jwilliams@pitchlynnlaw.com Stephanie Moser Goins smgoins@pitchlynnlaw.com Attorneys for Plaintiff /s/ Sara E. Costello SARA E. COSTELLO