Tribe Sovereign Status at Risk? WikiLeaks?

By | Jan 12, 2017

By: Jer Ayles at Trihouse Consulting. 702-208-6736

There’s an interesting “Conversation” written by Matthew Fletcher Professor of Law & Director of the Indigenous Law & Policy Center, Michigan State University.

His thesis is that a negative outcome of a personal injury case under review by the Supreme Court could expose Indian tribes to new legal risks and put their “sovereign immunity” status  in jeopardy.

Certainly, as a direct lender, a consultant to tribes and a conduit for capital infusions into tribal business enterprises, this topic and it’s outcome are of great interest to both me and my clients.

So, first my thoughts followed by a link to Professor Fletcher.

So long as the sovereign tribe maintains a forum for litigants to bring suit and be fairly adjudicated, I see no issues here. It’s as if a limo driver employed by the French Embassy were in a similar circumstance. There are legal avenues for “forum shopping” lawyers in similar circumstances. Tribal businesses have access to insurance as do other entities and sovereign nations. Sovereign tribes do not intentionally shirk their responsibilities. However, having counseled and represented tribes in collaborations with online payday loan and installment loan management groups and capital infusions for several years, I have witnessed instances in which the resources of the tribes have been stretched. This “friction” is not due to a reluctance by the tribes to negotiate fair and reasonable alliances but rather a lack of experience in such business endeavors because Big Brother in D.C. denies, delays and inhibits their financial success. Success that would enable the tribe to fund their own businesses, build infrastructure including medical care, education, housing… and GET OFF THE GOVERNMENT TIT as they prefer to do!

Jer Trihouse Consulting

Jer Trihouse

Finally, having equity in payday loan and installment loan stores plus my own capital at work via online lending portfolios and continuing to serve payday lenders, installment loan lenders, car title loan lenders, investors… in a consulting capacity, I certainly understand why there are those in our “micro-lending/alternative lending” industry who would like nothing better than for the tribe lending model to fall off the face of the earth. Why? Because state licensed lenders perceive an online tribal lender as having the advantage of zero regulatory, compliance, auditing, etc. oversite. Well, as President Trump often says,”WRONG!” I will not dwell on all the regulatory hoops and convolutions tribal lenders must comply with at this time but I assure you dear reader that THERE ARE MANY.

Ultimately, there is room in the business of lending money for all players and licensing models. Whether you’re a small mom-and-pop with a tiny portfolio and just a few core customers or a publicly traded behemoth like Enova, there is, and will continue to be, demand for your inventory: MONEY!

Zero lenders in the business of lending money to consumers and small business for the long-term will embrace the abuse of their customers. Zero lenders will risk the wrath of the FED’s, the State, their peers and MOST OF  ALL their friends and family members; their community.

Of course there are “outliers.” They exist in all industries including the media and in government. But eventually, as we have all witnessed during this LONG election cycle, Julian Assange will get the DOPE on the bad guys! And the results ain’t pretty!

So… on to Professor Fletcher and “The Conversation.

Comment? Reach out! Help? Let me know! Haters? Bring it on… I’ve been at this awhile. Meanwhile, 2017 is proving to be ONE HELL OF AN OPPORTUNITY!

Signing off: Jer Trihouse. 702-208-6736

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6 Comments so far
  1. Bill January 12, 2017 3:56 pm

    Thumbs Up!

  2. Kevin January 18, 2017 2:16 pm

    Tribal lenders give the industry a black eye no matter how YOU try to perceive them. A reputable lender will abide by any and all states laws that they want to operate in and charge the respective APR that each individual state allows. There is no “gray” line between the two.

  3. PaydayLoanGuy January 22, 2017 12:00 pm

    The majority of tribes ALREADY abide by state mandated fees/rates/rollovers… Do your homework! Like all industries and particularly government, there are outliers! These folks often do OK in the short-term BUT eventually their business models die, the officers face fines and prison [IE: Scott Tucker] while the operators who play fair with their clients prosper over the long haul. They successfully build an ASSET. And their clients return when in need.

    Members of native American tribes care about their fellow man, their environment their people and their communities. Just like the rest of us. We are all in this “thing” together.”

  4. PaydayLoanGuy January 22, 2017 12:03 pm

    Thank you! Money lenders, in some form, have been offering their services since “man” arrived on the scene. The Argentine beef supplier desires a bottle of coca-cola. Someone must be there to facilitate this transaction. And so it goes… Jer Ayles – Trihouse Consulting 702-208-6736

  5. Kevin January 23, 2017 11:17 am

    I have done my HOMEWORK but you should do yours, and can’t find a tribal lender that operates at or below state guidelines. I am licensed in numerous states with each individual state and the tribal lenders that I come across are at 480% to 840% interest which is way above state statues. And most tribal lenders do not follow the mandatory days allowed for those types of loans as well.

  6. PaydayLoanGuy February 26, 2017 5:43 pm

    Tribes are considered sovereign nations, Kevin. You pissed because you invested in state-by-state licensing? Me too… You’re offering installment on Opis loans NOT payday loans. So, beat the tribes with lower rates and better marketing strategies.

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