Cayuga Nation: The Truth

​We are the Cayuga Nation Council, the proper leadership of the Cayuga Nation. We are writing to address the many misstatements and lies being spoken and written about our Nation’s efforts to preserve its laws and governance traditions.
 
In 2014, a small group calling themselves the Unity Council violently took over several Cayuga Nation businesses. They drove a truck into the Nation office building, physically assaulted Nation employees and representatives, destroyed Nation property, and stole millions of dollars from Cayuga Nation citizens. They were aided by mostly non-Cayuga citizens who had agendas of their own. The Nation was able to peacefully reclaim two businesses, but could not reclaim the convenience store/gas station in Seneca Falls, New York.
 
Demonstrating that the violent takeover was only ever about greed, the Unity Council was ejected from the Seneca Falls property by the John family, who have operated it since 2014 for their own personal benefit. The Johns stole $1.4 million in Nation inventory and millions in revenue, which they kept for themselves and a small group of non-Cayuga citizens who they hired to preserve their ongoing theft.
 
Despite these violent actions, the Cayuga Nation showed great patience and restraint. The Nation exhausted all other civil court and law enforcement avenues to reclaim its properties. Left with no choice and no assistance in the face of these crimes, the Cayuga Nation Police Department reclaimed the property without violence. This was the first step in righting a wrong that has been ongoing for five years.
 
No longer in possession of the business, the Johns are now telling outrageous lies in the hopes that the public will assist them in continuing their unlawful occupation and theft from Nation citizens. Despite stealing millions of dollars that have never been accounted for, they are asking the public to contribute to a GoFundMe page.
 
It could not be more clear that the Cayuga Nation’s actions were rightful and lawful. The people who stole from the Nation know this and they are spreading vicious lies so they can continue to benefit from their theft of Nation assets. The Cayuga Nation will not let this happen, nor will we allow these lies go unchallenged. That is why we present the facts below.
 
The Cayuga Nation will always be for its citizens – the more than 500 that make up our Nation, and not just the twelve individuals who have stolen from their people.
 
1. Who was the rightful owner of the property?
 
The Cayuga Nation is the rightful owner, not any single person or group. The Nation purchased the properties in 2003 and grew them into successful businesses. The Nation operated them as Nation businesses benefitting all Nation citizens. For fifteen years, the Nation made quarterly distributions to its members from proceeds generated by Nation businesses. All of the Nation’s businesses are audited each year by an external, reputable CPA firm; Freed Maxick. Our transparency in financial management is in contrast to the secret theft by the Unity Council and then the Johns.
 
2. Why did the Nation reclaim the property?
 
The Nation reclaimed the Seneca Falls property because it was taken over violently in 2014 (along with other businesses the Nation was able to reclaim). Since that time, the Seneca Falls convenience store/gas station business was operated by a small group of individuals for their own personal benefit, not the benefit of the Cayuga Nation.
 
When the store was taken over, the aggressors stole over $1.4 million in inventory belonging to the Nation and sold it for their individual profit. Following the violent takeover, these individuals generated in excess of $10 million and kept it for themselves, with no distribution to Nation members. Despite their illegal actions, the Cayuga Nation continued to pay the property taxes for the convenience store and connected property.
 
3. Why doesn’t the Nation allow people to operate a business on the property?
 
The business at that property belonged to the Nation, and it was stolen from the Nation and its citizens who depend on Nation business revenue. Longstanding Cayuga Nation law states that businesses operated on the reservation must be operated for the benefit of all Cayuga Nation citizens, not only a select few seeking personal profit. All other businesses are operated for the benefit of and are accountable to all Cayuga Nation citizens.
 
This tradition is observed by many Indian Nations, including the Oneida Nation and the Onondaga Nation. The Oneida and Onondaga Nations have both stopped illegally operated businesses. Attorney Joe Heath, who has spoken for the people who stole the Nation’s business, advised the Onondaga Nation in 1997 when that Nation sought to stop an illegal smoke shop on the Onondaga reservation. At that time, Heath said, “These people can’t just set themselves up outside the law,” and [t]his is not about the selling of cigarettes. This is about whether or not they have laws that everyone obeys.”
 
4. Why did the Nation take down the buildings?
 
The Nation brought down the buildings so they would not remain a target of the people who violently seized them in 2014 and continue being a safety threat to the community. After these buildings were violently invaded in 2014 and stolen from the Nation, they became a hotbed of illegal activities involving theft, drugs, and weapons. One violent invader drove a truck into the Nation’s office building, others physically assaulted Cayuga Nation employees and representatives, while still others possessed illegal automatic weapons and gun parts. The Nation could not allow those crimes to continue, and the discovery of guns and drugs on the properties proved the wisdom of the Nation’s approach to demolish the buildings. The Nation’s decision was fully supported by law enforcement. The buildings were demolished safely and professionally pursuant to a demolition order pursuant to the Nation’s health and safety ordinance.
 
5. Why did the Nation not proceed through a civil court eviction process?
 
The Nation did exactly that. It filed an eviction proceeding in New York state court in 2014, which was successful. The Nation’s victory initially was upheld on a first appeal. However, in October 2019, the highest court in New York ruled that it could not address the Nation’s eviction proceeding and that the matter was more appropriate for resolution in the tribal court system. The Nation also requested on multiple occasions that state and federal law enforcement investigate the theft of Nation assets, but they refused to intervene. These determinations left the Nation with no choice but to address the matter through its own tribal justice system.
 
6. Why did the Nation use violence to reclaim the property?
 
There was no violence and no one was injured. The process was monitored by state and local law enforcement using direct visual observation and a monitoring drone.
 
7. Why did the Nation detain people against their will?
 
Eight adults were found trespassing on the property were briefly and safely detained without resistance. Five of the eight people detained were not Cayuga Nation citizens. Seven were released and they promised not to trespass on the property again. The eighth person was charged with possession of illegal drugs, which were found after the Nation’s Police Department executed a lawfully-issued search warrant.
 
That person was given legal counsel and appeared before a tribal judge and was released after his arraignment. The Nation also recovered several weapons which were disposed of safely. The Nation seized other evidence that will be analyzed. If that reveals other crimes were committed, the evidence will be turned over to proper authorities or the Nation will prosecute the crimes in its own court system.
 
8. Why did the Nation not give notice of its plans to reclaim the property?
 
The Nation’s efforts to reclaim the property were a matter of public record in the court system since 2014. On several occasions, the Nation also delivered written notices to the illegal trespassers directing them to leave the property. Local, state, and federal law enforcement were aware of the Nation’s plans to reclaim the property, monitored the Nation Police Department’s actions in real time, and offered to assist if the trespassers became violent or evidence of state or federal crimes was uncovered.
 
9. Why did the Nation destroy a school?
 
No school or daycare operated on the property, nor was there an entity holding a license to do so. The Nation learned that, in the past, a child protection agency directed the illegal trespassers not to operate any sort of childcare business because the facilities were not suitable for children. No rational person would operate a school in close proximity to illegal drugs and guns and strangers who lived in sheds. Those interested in the proper and safe care of children would keep them away from such dangerous activities.
 
10. Why did the Nation destroy a traditional “longhouse”?
 
There was no longhouse on the property. In fact, in February 2020, the illegal trespassers posted on Facebook about a fundraiser to build a traditional longhouse at the property. They would not organize a fundraiser to build a longhouse if there already was one on the property.
 
11. What does the Nation plan to do with the reclaimed property?
 
The Nation will safely and lawfully remove the construction debris and dispose of it, clearing the land so no further violent takeovers are possible. The Nation has no plans to operate commercial businesses at the properties.
 
12. How can the Nation take this action when people say that it is not a legitimate tribal government?
 
The Cayuga Nation Council is the official leadership body and has received the written support of the overwhelming majority of Nation citizens. The Nation Council received written support of 62% of Nation citizens, a higher percentage of support than any U.S. President has ever received.
 
The U.S. Department of the Interior has expressly recognized the Nation Council as the proper leadership for all purposes. A small group continues to plot against the Nation Council because they are interested in their own personal gain. This group filed a lawsuit in federal court in the District of Columbia challenging the Nation Council’s authority. The case was dismissed and the group did not appeal the ruling. The group has no legal ground on which to stand, yet it persists in lies and misinformation.
 
Cayuga Nation Council