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Miccosukee Tribe

Tribal chairman’s binge spending led to bad blood

 

Former Miccosukee chairman Billy Cypress saw gambling as the tribe’s savior, but the windfall has led to infighting and lawsuits.

Cypress’ spending

Cars

2010 Mercedes Benz S-Class S65 AMG

2009 BMW X5

2009 Ford Mustang Shelby GT 500

2009 Chevy Corvette

2009 Ford Mustang GT

2008 Fort Expedition

2007 Ford F-150 King Ranch

2006 Mercedes Benz S-Class S65

Real estate

$399,000, Unit 303, Marina Landing, Panama City Beach

$499,000, Unit 301 Marina Landing, Panama City Beach

$250,000, L29 Reserve on the Bay Phase 1, Panama City Beach

$279,000, 2136 SW 156th St., Miami

$305,000, 15440 SW 10th St., Miami

$407,390, 11352 SW 243rd Ter., Miami

$429,315, 15207 SW 14th St., Miami

$363,190, 15220 SW 10th St., Miami

$435,112, 15211 SW 15th Way, Miami

$297,300, 1662 SW 154th Ave., Miami

$249,990, 15475 SW 16th Lane, Miami

Credit card spending

• Food, beverages, jewelry and personal expenses: $234,329.40 (July 2004-Nov. 2007)

• Food and beverages: $308,768.80 (July 2008-July 2009)

• Art: $40,000 (July 2008-July 2009)

• Jewelry: $1,285,286.42 (July 2008-July 2009)

• Clothing: $308,122.43 (July 2008-July 2009)

• Women’s clothing: $19,464.26 (July 2008-July 2009)

• Other personal expenses: $177,693.86 (July 2008-July 2009)

• Food and beverages: $34,092.30 (Sept. 2009-Dec. 2009)

• Jewelry: $293,397.88 (Sept. 2009-Dec. 2009)

One year’s credit card withdrawals at casinos

Jan. 2009: $298,660.99

Feb.: $591,550

March: $1,434,400.50

April: $52,660.99

May: $615,511.88

June: $504,610.99

July: $120,232.97

Aug.: $266,415.94

Sept.: $208,282.97

Oct.: $767,004.95

Nov.: $74,985.99

Dec.: $128,250

Source: Miccosukee Tribe vs. Billy Cypress et al


jweaver@MiamiHerald.com

In a malpractice lawsuit against Lehtinen, the tribe admitted in court papers that more than 100 Miccosukee Indians owe the federal government about $25.8 million in back taxes, penalties and interest on income for 2000-05.

The tribe, which says it paid his law firm $50 million for counsel on environmental, income-tax and other legal issues starting in 1992, now wants him to pay damages. Lehtinen, who was fired in 2010, counters that he never misled the tribe about its members’ tax obligations, saying that he had recommended that the Miccosukees set a reserve fund to settle with the IRS.

The IRS’ probe of the tribe led the agency to suspect that Cypress himself was not reporting all of his income. In 2010, the IRS claimed that he owed the government almost $2.8 million in taxes and penalties on $6.65 million in unreported income from 2003-05. His personal attorneys, Lewis and Tein, contested the claim, saying a lot of that money involved legitimate business expenses and double counting by the government.

About half of his unreported income came from cash advances on his tribe-issued American Express cards, according to IRS records obtained by The Miami Herald. Cypress used tribal funds at hotels, casinos, restaurants, sports venues and on other spending sprees, the agency records show. The IRS says Cypress’ income totaled $10.7 million for the three-year period.

But Cypress’ potential tax liability for 2006-09 could be much greater, according to the Miccosukee Tribe’s latest lawsuit. Consider: In addition to the staggering ATM withdrawals at casinos in Las Vegas and elsewhere, Cypress also used tribe-issued American Express cards to charge $4 million for jewelry, clothingand other expenses during the more recent period.

Cypress also acquired nearly a dozen properties and residences, from Miami-Dade to Panama City Beach, worth a total of $4 million, the suit says.

In effect, the suit alleges Cypress used the Miccosukee Tribe’s investment account at Morgan Stanley as his own piggy bank, while footing the bill for meals, travel and other “personal benefits” to please his inner circle of professional advisors who turned a blind eye.

“This is a man who changed over money,” said one former Miccosukee employee, who did not want to be identified. “He’s not a bad man. He’s a man who liked helping other people. But he thought he could get whatever he wanted with money. He learned the technique from the white man.”

Among the defendants accused of helping him conceal his alleged thievery from other tribal members: Lehtinen and Lewis, the former U.S. attorneys; Lewis’ law partner, Tein; former senior Miccosukee financial officers Miguel Hernandez and Julio Martinez; and Morgan Stanley, the brokerage firm that held the tribe’s various financial accounts. Alexander Fernandez, the firm’s senior vice president who handled the Miccosukee Tribe as a client, was not named as a defendant but was identified in the suit.

In interviews this past week, some of the defendants said that Colley Billie, the new Miccosukee chairman, and his supporters have smeared Cypress to divert attention from their own ineptitude in managing the tribe.

Lehtinen said this latest suit shows the “rash irresponsibility of the Miccosukee Tribe in always blaming someone else for their problems, instead of themselves.”

“I was hired for particular matters,” he said. “I never had access to tribal credit card bills or records of withdrawals of tribal funds from Morgan Stanley or elsewhere.”

The tribe’s former chief financial officer, Martinez, who is accused of playing a key supporting role during Cypress’ tenure, said the Miccosukee tribal council under his leadership was fully aware of his spending.

“They were disclosed to the tribal leaders,” said Martinez, who now works for the Grand Ronde Tribe in Oregon.

Martinez, who worked for the Miccosukees for more than a decade, called “all of the allegations false and untrue — a complete fabrication.”

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