Indian Reservations and US Business Regulations

Many are very upset that American Indians have a business advantage as they do not have to comply with all business regulations. Gambling for instance is a huge thorn in the side and upsets many people. Then there are various environmental laws that are not enforced either and even police departments cannot go onto Indian Land without checking in with the head office first, after all it is sovereign land, it is not actually considered part of the US or under our jurisdictions or laws.

In the State of Arizona there have been many problems where Indian Land and perhaps native Americans have been involved that challenges enforcement authorities. For instance, cars had been stolen and taken to Indian Property but authorities could not follow the vehicle onto Indian Land, or the vehicle was taken and stripped on Indian Land, and the car or truck could not be recovered without a major amount of paperwork and time period with the Indian Office.

There have also been problems with drug smugglers coming from Mexico, which used Indian Land to come into the US, then transverse the Indian Land for 50 miles and came out on the other side where no one was around to stop them, as border patrol officers are nowhere near by. It took years to figure this out and instead of catching them, now all authorities can do is follow them until they emerge on the other side to make the bust.

You can see how having two countries in one, creates problems for both, whether it is a law enforcement issue, or a business regulation giving a competitive advantage to one side or the other. Please consider this.

What Kind of Cases Are Appropriate For the Appointment of a Receiver?

Over the past several decades, the types of cases in which the appointment of a receiver may be appropriate has expanded greatly. Some of these types of cases include:

1. Rent, Issues and Profits (Real Estate): This may involve property held by a business or individual, eviction or foreclosure proceedings, or divorce proceedings involving the dispute of ownership of a residence or income property.

2. Preserving disputed property that is at risk of injury or being lost

3. Judgment enforcement

4. Cases involving a dissolved corporation or business

5. Disposing of or preserving property that is the subject of a judgment

6. Cases involving disputed property awaiting appeal

7. Taking possession of a corporation in danger of becoming or has already become insolvent

8. Enforcement of court orders in Family Law or civil action cases; this may include collecting child support or alimony, selling jointly owned property, or selling other property and business assets to benefit an estate, as well as halting an IRS assets seizure.

9. In the case of fraudulent transfer or purchase transactions, the implicated assets may be possessed and controlled temporarily by a receiver.

10. The sale of intellectual property rights.

11. Some white-collar felony fraud cases involving $100,000 or more may call for a criminal receivership.

Duties of a receiver include taking possession of any records or mail that may be related to a current case, as well as audits and discovery of evidence.  All funds are controlled by the receiver, who is legally required to protect them and only disperse portions as required to maintain a business or real property.

Other than monetary funds, the types of assets which may be controlled by a receiver are endless.  Some of these may include domestic animals, farmland and operations, retail stores, restaurants and bars, liquor licenses, professional practices (such as a medical office), residential and commercial investment properties, and even accounts receivable.

A receiver may be appointed for something as common as divorce proceedings, or even criminal fraud cases.  The assets held by the parties involved in the case that may be in question are controlled and managed by a court-appointed receiver until the court rules on the matters at hand.  Even after a ruling, a receivership may continue to be associated with the case to either oversee that requirements by the court are adhered to, or perform any disbursements or liquidations alone.