Author Topic: Yamassee Nation of Allendale SC/Yamasee Muscogee Nation  (Read 40070 times)

Offline educatedindian

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Re: Yamassee Nation of Florida/Yamasee Muscogee Nation
« Reply #30 on: June 07, 2014, 12:23:30 pm »
Nuisance suit they filed, dismissed and almost laughed out of court. The "tribe" is almost broke or trying to appear so.

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http://www.narf.org/nill/bulletins/dct/documents/yamassee_v_allendale_2013.html
Slip Copy, 2013 WL 5797846 (D.S.C.)
 (Cite as: 2013 WL 5797846 (D.S.C.))
 Only the Westlaw citation is currently available.

United States District Court,
 D. South Carolina,
 Aiken Division.
 YAMASSEE INDIAN TRIBE, Plaintiff
 v.
 ALLENDALE COUNTY GOVERNMENT; Mr. Walter H. Sanders, Jr.; Harvey E. Rouse, Tax Assessor; Joe Mole, III; Ms. Thessa Smith; Calvin Brantley; and Elouise Brantley, Defendant.

C/A No. 1:13–cv–1577–TLW.
 Oct. 28, 2013.

Order
 TERRY L. WOOTEN, Chief Judge.
 *1 This action, brought by the pro se Plaintiff Yamassee Indian Tribe ( Tribe), alleges state and federal claims against the Defendants for actions taken regarding property the Tribe allegedly purchased at a tax sale. (Doc. # 1 at 1.) Before the Court are the Tribe's Motion for Leave to Proceed in forma pauperis (Doc. # 3), "Motion for Writ of Federal Protection" (Doc. # 5), and "Motion for Writ of Seizure of Assets" (Doc. # 6). Additionally, the Court is presented with the question of whether the Tribe may appear pro se in this action. For the reasons stated below, the Court denies the Tribe's motions, and declines to rule at this time on the question of whether the Tribe may appear pro se.

I. Factual and Procedural History
 The Tribe seeks $431 million in actual damages and $50 million in punitive damages from the Defendants in this property dispute. (Doc. # 1–1 at 4.) All of the Tribe's filings in this case were signed by Yamassee Indian Tribe Chief Brenda "Red Crow" Webb and Chairman Honorable Al–Golden Owl Bey. Neither Webb nor Bey are attorneys licensed to practice law before the Court. (Doc. # 13 at 2.)

Pretrial proceedings were referred to the magistrate judge pursuant to 28 U.S.C. § 636(b) and Local Civil Rule 73.02(B)(2)(b) and (e). The magistrate judge ordered the Tribe to answer special interrogatories regarding its ability to proceed pro se, which it did on June 17, 2013. (Doc. # 13.)

In the Complaint, the Tribe identifies itself as a "Native American Tribal Government," (Doc. # 1 at 1), and in its answers to the special interrogatories, the Tribe implied that it is a federally-recognized tribe, (Doc. # 13 at 2–3). The Tribe has now clarified that it is not federally recognized and "has no desire to be such." (Doc. # 20 at 5.) In the Tribe's answers to the special interrogatories, it stated that it is an artificial business entity, registered as a public charity with the South Carolina Secretary of State. (Doc. # 13 at 1–2.)

The magistrate judge issued a Report and Recommendation (Report) recommending that the Tribe's motion to proceed in forma pauperis be denied and that the Tribe be required to submit the filing fee and obtain counsel within 28 days of the date of the order. (Doc # 18 at 6.) The Report also recommends that the Tribe's Motion for Writ of Federal Protection and Motion for Writ of Seizure of Assets be denied, without prejudice. (Id. at 7.) The Tribe filed an objection to the Report, asserting that it now has only $243.11 in cash FN1 and that it should be permitted to proceed pro se. (Doc. # 20.)

FN1. At the time it filed its motion to proceed in forma pauperis, the Tribe asserted that it had $800 in cash. (Doc. # 3–1 at 2.)

II. Discussion

A. Standard of Review

The magistrate judge's review is made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local Civil Rule 73.02. The magistrate judge makes only a recommendation to the Court. The Report has no presumptive weight, and the responsibility to make a final determination remains with the Court. Mathews v. Weber, 423 U.S. 261, 270–71 (1976). The Court is charged with making a de novo determination of those portions of the Report to which a specific objection is made, and the Court may accept, reject, or modify, in whole or in part, the recommendation of the magistrate judge, or recommit the matter to the magistrate judge with instructions. 28 U .S.C. § 636(b)(1).

B. Payment of Filing Fee

*2 "Th[e] privilege to proceed without posting security for costs and fees is reserved to the many truly impoverished litigants who, within the District Court's sound discretion, would remain without legal remedy if such privilege were not afforded to them." Brewster v. N. Am. Van Lines, Inc., 461 F.2d 649, 651 (7th Cir.1972). Three tests are used to determine whether a person may proceed in forma pauperis under 28 U.S.C. § 1915:

(1) Is the litigant barred from the federal courts by reason of his impecunity?

(2) Is the litigant's access to the courts blocked by the imposition of an undue hardship?

(3) Is the litigant forced to contribute his last dollar, or render himself destitute, to prosecute the claim?

Carter v. Telectron, Inc., 452 F.Supp. 939, 943 (S.D.Tex.1976).
 When the Tribe filed its motion to proceed in forma pauperis, it stated that it had $800 in its bank account. Though the Tribe asserted in its objection to the Report that, at the time it filed the objection, it only had $243.11 in cash, this motion to proceed in forma pauperis is controlled by the information contained in the motion. Applying the Carter tests, the Court finds that the Tribe is neither effectively barred from the federal courts nor forced to render itself destitute to pursue its claims, and therefore may not proceed in forma pauperis.

Furthermore, even if the Tribe were destitute, it would still not be permitted to proceed in forma pauperis. In Rowland v. California Men's Colony, 506 U.S. 194 (1993), the Supreme Court held that § 1915 applies only to individual persons. See id. at 201. Thus, because the Tribe is not an individual person, it may not proceed in forma pauperis.

C. Temporary Restraining Order

The Tribe's Motion for Writ of Federal Protection, which the Court construes as a motion for temporary restraining order, seeks "an order preventing ALL Defendants from harassing, intimidating, annoy[ing], imped[ing] or obstruct [ing] the [ Tribe] and/or their property in any way." (Doc. # 5.) The Tribe "believes that Defendants would in some way or method antagonize the [ Tribe] purportedly by unknown means in their present Governmental capacities...." (Id.)

Issuance of a temporary restraining order is governed by the same general standards that govern the issuance of a preliminary injunction. Moore v. Kempthorne, 464 F.Supp.2d 519, 525 (E.D.Va.2006). As a form of preliminary injunctive relief, a temporary restraining order is "an extraordinary remedy never awarded as of right." Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 24 (2008). A plaintiff seeking injunctive relief must establish the following four elements: (1) the plaintiff is likely to succeed on the merits; (2) the plaintiff is likely to suffer irreparable harm if the injunction is not granted; (3) the balance of equities tips in the plaintiff's favor; and (4) the injunction is in the public interest. Id. at 20. A plaintiff must demonstrate more than a mere possibility of irreparable harm because injunctive relief is "an extraordinary remedy that may only be awarded upon a clear showing that the plaintiff is entitled to such relief." Id. at 22.

*3 After careful consideration, the Court finds that the Tribe has failed to establish the elements required for the issuance of a temporary restraining order.

D. Attachment

The Tribe's Motion for Writ of Seizure of Assets, which the Court construes as a motion for attachment pursuant to Fed.R.Civ.P. 64 and S.C.Code Ann. §§ 15–19–10 to—110, seeks "an order preventing ALL Defendants from deliberately disposing of financial Assets that may be due to [the Tribe]." (Doc. # 6.) The Tribe's motion is not accompanied by an affidavit and does not provide any facts supporting the Tribe's belief that the Defendants are deliberately disposing of their financial assets.

Rule 64 provides generally that every state law remedy available for seizing property to secure a potential judgment applies to federal cases. South Carolina's attachment law is found in S.C.Code Ann. §§ 15–19–10 to—110, and it provides generally that a plaintiff seeking a prejudgment attachment must show by affidavit that the debtor is trying to evade his creditors or has removed or is about to remove his property from the state with intent to defraud his creditors. See S.C.Code Ann. §§ 15–19–30 and—50.

After careful consideration, the Court finds that the Tribe has failed to establish that it is entitled to an attachment order.

E. Pro Se

At this time, the Court declines to rule on the question of whether the Tribe is entitled to proceed pro se.

III. Conclusion
 For the reasons stated, the Report is ACCEPTED IN PART. The Tribe's Motion for Leave to Proceed in forma pauperis (Doc. # 3) is DENIED.FN2 The Tribe's Motion for Writ of Federal Protection (Doc. # 5) and Motion for Writ of Seizure of Assets (Doc. # 6) are DENIED WITHOUT PREJUDICE


Offline Diana

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Re: Yamassee Nation of Florida/Yamasee Muscogee Nation
« Reply #32 on: June 09, 2014, 07:12:29 am »
http://www.lavozlatinaonline.net/noticias-Advertencia-de-la-Di%C3%B3cesis-de-Savannah-sobre-estafas-de-inmigraci%C3%B3n-en-863.aspx

This is the first paragraph from the article. "Individuals claiming to be members of the Yamasee Indian Tribe are targeting undocumented immigrants in Georgia and neighboring states. The scam involves paying to be “adopted” as a member of the tribe in order to receive U.S. Citizenship status". Victims receive a fraudulent citizenship document with their photograph".

I have asked and kind of polled some of our long time members/posters about having a section/category for fake and fraudulent tribes, we were all in agreement that this would be very helpful and informative for all.

 I've also asked some of the moderators if this would be possible. I was told that it would be a lot of work but it would be something they would look into....

We all have posted or discussed that something has to be done about these fake tribes. I feel they are not only harmful but dangerous. I would be willing to help in anyway possible. Just tell me what it would take and consider it done.

Lim lemtsh,

Diana 

Offline Diana

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Re: Yamassee Nation of Florida/Yamasee Muscogee Nation
« Reply #33 on: October 31, 2014, 03:52:14 pm »
Saw this over on Indianz.com There are also several other news articles about the same people here:  http://www.indianz.com/News/2014/015504.asp My bold

Two accused of selling membership in fake Indian tribe

Posted: Thursday, October 30, 2014 7:58 pm

 CHRISTINA R. GARZA | STAFF WRITER 

A Brownsville man and woman have been charged with selling memberships in a non-recognized American Indian tribe, claiming membership would allow immigrants in the country illegally to avoid deportation, U.S. Attorney for the Southern District of Texas Kenneth Magidson announced.
 
Humberto Reveles, 60, and Maria Isabel Lerma, 31, were named in a 12-count indictment returned under seal Oct. 21. Lerma made her initial appearance Wednesday and was taken into custody pending a detention hearing on Monday before U.S. Magistrate Judge Ronald Morgan, a news release said.

Reveles is expected to surrender to federal authorities in the near future.

The indictment alleges both conspired to commit mail fraud and possessed with the intent to transfer five or more identification documents. Reveles also was indicted for additional charges related to identification documents that appear to be issued under the authority of the U.S., for fraud and misuse of visas, permits and other documents, and for impersonating a diplomat.

The indictment alleges the pair was involved in a conspiracy to obtain money by selling membership in a non-federally acknowledged Indian tribe, the Yamassee. They allegedly claimed Yamassee tribal membership would allow tribe members to avoid deportation and to live and work in the country legally.

cgarza@brownsvilleherald.com

For the most complete version of this story, log in or subscribe to MyMonitorNews.com.

http://www.themonitor.com/news/local/two-accused-of-selling-membership-in-fake-indian-tribe/article_19ce5b32-6099-11e4-9ad1-001a4bcf6878.html

Offline milehighsalute

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Re: Yamassee Nation of Florida/Yamasee Muscogee Nation
« Reply #34 on: October 31, 2014, 11:10:56 pm »
AGAIN?

Offline Sparks

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Re: Yamassee Nation of Florida/Yamasee Muscogee Nation
« Reply #35 on: April 22, 2017, 12:25:02 am »
Saw this over on Indianz.com There are also several other news articles about the same people here:  http://www.indianz.com/News/2014/015504.asp My bold

Two accused of selling membership in fake Indian tribe

One of them, Mr. Humberto Reveles, suffered this fate:

One of the Yamassee fakes will go to prison.

http://www.sfgate.com/houston/article/Man-sentenced-for-selling-bogus-tribal-memberships-9964867.php

Offline educatedindian

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Re: Yamassee Nation of Allendale SC/Yamasee Muscogee Nation
« Reply #36 on: August 31, 2017, 04:07:22 pm »
Yet more troubles a few months ago within this group, this time resulting in murder. The local news took a break from research, becoming so gullible or ignorant as to present them repeatedly as an actual tribe.

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http://www.wrdw.com/content/news/Tribal-marshal-killed-on-Indian-reservation-near-Allendale-425936194.html
Saturday, June 10, 2017
ALLENDALE, S.C.(WRDW/WAGT) – A Native American tribe in Allendale held a ceremony on Saturday to honor one of that was killed a week before.

The Chief Tribe Marshall of the Yamassee Tribe in Allendale was shot and killed by Bernard Vincent Iverson, the Yamassee Head Chief’s son.

The Head Chief Sekhu Gentle said the ceremony was held to celebrate the transition of their warrior and Chief Marshall, Davis McGurn....

Monday, June 5, 2017
ALLENDALE, S.C. (WRDW/WAGT) -- The son of an Indian chief accused of killing the Yamassee Nation's tribal marshal has been denied bond.

Allendale County Sheriff Office said the suspect, Vincent Iverson, fled before they got there. The Sheriff's Office caught Iverson before SLED arrived.

The shooter is the chief's son who recently came to town. The victim is the tribe's police and chief's close friend.

Investigators say the shooting happened after a confrontation between tribal cop and chief's son. The chief's son allegedly broke into one of the homes there....

A bond hearing for Iverson will be held on Monday.

This is the first violent incident the tribe has had since they relocated here from Florida approximately 5 years ago. The reservation is in the eastern part of the county on about 15-20 acres of land, and about a dozen trailers sit on the property.

Offline milehighsalute

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Re: Yamassee Nation of Allendale SC/Yamasee Muscogee Nation
« Reply #37 on: August 31, 2017, 08:24:35 pm »
why does the media even entertain them as a legit tribe?

Piff

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Re: Yamassee Nation of Allendale SC/Yamasee Muscogee Nation
« Reply #38 on: September 01, 2017, 06:32:19 pm »
More info on Sekhu Amun Gentle http://www.newagefraud.org/smf/index.php?topic=3706.msg36489#msg36489

His prior name is Donald Louis Franklin Jr https://web.archive.org/web/20170901024810/http://www.mugshot-publication.com/Counties/Florida/Hillsborough-County/Donald-Louis-Franklin-Jr.1394487.html Birthdate is exactly the same. Plus the Tampa address given on Sekhu Gentle's letter of intent to petition B.I.A exactly matches the Tampa voter address for Donald Louis Franklin.


Piff

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Re: Yamassee Nation of Allendale SC/Yamasee Muscogee Nation
« Reply #39 on: September 04, 2017, 12:20:40 am »
Donald Louis Franklin Jr/Sekhu Gentle was a headliner at a 2013 "nuwaupian nation" event, the flyer for the "tone ceremony" states that the "sovereign grand commander" is Malachi Z York.

(Info on Dwight York/Malachi & Nuwaubians https://www.splcenter.org/fighting-hate/extremist-files/group/nuwaubian-nation-moors Plus there is lots of info on this forum. do a search from the home page http://www.newagefraud.org/smf/index.php)

Franklin claims that he is a descendant of  Tuko-See-Mathla (John Hicks) and Abiaka (Sam Jones) https://www.facebook.com/pg/yamassee/about/?ref=page_internal

One of his YouTube channels https://www.youtube.com/user/CreekIndian803/about

Franklin uses the name SG-1 for some music and video endeavors . He's involved in "Tha Piecemakerz" https://www.facebook.com/pg/Tha-Piecemakerz-287599597923838/about/?ref=page_internal  https://www.youtube.com/watch?v=pt35GAmGk4M

He does these "music millionaire" videos https://www.youtube.com/watch?v=z8qndYkFKMI

Although Franklin and others various places online imply that they are part of Dr. Dre's inner circle, that does not seem to be the case. The videos are badly produced. And there is this disclaimer on a past Franklin website:
Quote
DISCLAIMER: DR. DRE IS NOT AFFILIATED WITH THIS SITE NOR DOES HE ENDORSE ANY MATERIAL GIVEN. BY SG-1 OF THA PIECEMAKERZ  ALL RIGHTS RESERVED MUSIC MILLIONAIRES CLUB (C) 2011 A TRIBALLY OWNED COMPANY OPERATED ON TRIBAL LAND

https://web.archive.org/web/20120623000527/http://musicmillionairesclub.com:80/

Offline educatedindian

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Re: Yamassee Nation of Allendale SC/Yamasee Muscogee Nation
« Reply #40 on: September 05, 2017, 12:00:08 am »
Franklin/Gentle's other legal troubles.

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http://www.wrdw.com/home/headlines/Sheriffs-Office-Local-Indian-tribe-harboring-child-illegally-236105341.html
ALLENDALE, S.C. (WRDW) -- You don't have to look hard to spot the 'No Trespassing' signs. They're nailed to trees and sign posts along a portion of Lawton Drive in Allendale County. The quiet neighborhood outside the Town of Allendale is actually an Indian reservation: The Yamassee Indian Reservation.

But just days ago, the Yamassee tribe was raided by cops. Deputies believe a two-year-old child is being harbored in the Indian community illegally.

"The child is there, out there somewhere, but they will not give the child up, which means they're violating this court order," says Lt. Steven Robinson with the Allendale County Sheriff's Office.

A Philadelphia County court order says the child should be returned to her mother immediately. The order says the child is believed to be with its putative father, Chief Sekhu Gentle of the Yamassee tribe.

Even though the South Carolina State Law Enforcement Division (SLED) and Allendale County Sheriff's Office raided the reservation just days ago, Lt. Robinson says the child still hasn't been found.

"We understand that they openly admitted to having the child but will not relinquish the child to law enforcement," he says.

Robinson says it's believed the tribe is trying to take custody of the child through the Indian Child Welfare Act, a federal law that seeks to keep American Indian children with American Indian families.

"However, they're not recognized as an Indian tribe," says Robinson, who says he got the information from experts in Washington, D.C. "They have also not even applied for the recognition as an Indian tribe." [This was in 2013.]

But the tribe's website says they do have a right to take children back, and it says "failure of a state court to recognize this right of intervention constitutes an act of genocide against the tribe as a minority group, and because the status of our constant warring and violation of treaties made with our people with the United States has never been resolved, the failure to acknowledge these Tribal Rights constitutes a War Crime."

However, Lt. Robinson maintains that the Yamassee in Allendale County are not a recognized tribe, thus not a sovereign power, and so they must still abide by state and federal laws. He says more charges and arrests could result. Lt. Robinson doesn't characterize the case as a kidnapping, however, he says the Sheriff's Office is still in talks with the Solicitor's Office to determine proper charges.

Robinson says he believes the child is safe. The mother, Bilqiys Muhammad of Pennsylvania, has created a $1,000 reward for anyone who helps law enforcement capture Chief Gentle and return her child. A wanted poster she created says Sekhu was last seen driving a 1996 Ford F-150 that is green in color or a white Chevrolet pick-up truck. The poster says both vehicles have a Yamassee Indian Tribe stuck on the side of them.

In addition, two suspects have already been arrested by SLED agents for Custodial Intervention. Robinson says the two told agents, during the raid, that they would not assist in turning over the child to authorities.

News 12 tried to contact Chief Gentle but never heard back. An attorney for the tribe did not provide comment before airtime.

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His LinkedIn claims he has expertise in Indian Child Welfare Act.
https://www.linkedin.com/in/sekhu-gentle-06a70284/

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http://mcr.stparchive.com/Archive/MCR/MCR12302009p014.php
Lists him as indicted for DUI, etc. Dec 2009.

A very mangled bunch of history and genealogy claims.
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https://www.scribd.com/doc/79075406/Principal-Chief-Sekhu-Hidden-Eagle-Gentle-Yamassee-Muskogee-Nation
born August 25th, 1974 in Florida to Chief Brenda Red Crow Thunderbird Mitchell Daughter of Betty Robinson & Edward James Mitchell Chief Sekhu's father is Colonel Geronimo Gentle son of Katherine Simmons & Willie Gentle.
 
Chief Sekhu Hidden Eagle is the one of the Few Last Yamassee Pure bloods that has been raised and taught by the Elders. Living in Monticello & Tampa,Fl for most of his adolescent life, then living in Louisiana amongst the Choctaw and Apalachee of his family during his pre-teen years Sent to his Great Grandmother for learning of culture and heritage of the Yamassee then Clan Mother and Elder Martha Mary Magdalene Wright Whom became Clan Mother and Matriarch after the Death of her Aunt and
Grand Matriarch Roberta Wright-(Ryham)
 
....The White Settlers who for the most part after the wars, left us alone, anddid not want war with us again. "The Stories said by My Ancestors" Miki Sekhu Says, "tells of the pale face as we called them, reasons for leaving usout of history was knowing that if they alerted the British government of ourpresence still in the region, it would be a costly and devasting situation forthe Colonial Whites to deal with AGAIN.? So we all shared a reciprocity,
(Please note the Movie the Patriot with " Mel Gibson")
they allowed us to live in peace as independent and Sovereign Farmers, and traders in Beaufort County area and we did the same trying to stay neutral when Wars or Conflicts Arose with other family members.

...Further storiesconfirm, Craven took this approach because there were over a Million of the Yamassee Creek people and as history shows, is the reason why this war was supposed to be so monumental.

....Chief Sekhu's was told, that the matriarchs of the family was faced with being killed, raped or mixing by whites of their day and time through slave raids, and common disrespect so they Listed themselves on the "Dawes Roll" as Cherokee because the Cherokee had aligned themselves better with the Whites than the Yamassee....

Piff

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Re: Yamassee Nation of Allendale SC/Yamasee Muscogee Nation
« Reply #41 on: September 06, 2017, 12:13:13 pm »
Donald Louis Franklin Jr / Sekhu Gentle's mother is Brenda Diana Webb. Her birth surname is Mitchell, Webb is from a recent marriage. She calls herself Chief Red Crow Thunderbird and other variations.

She solicits donations for the "Yamassee Indian Tribe" through her "Native American and Tribal Jewelry" business https://www.redcrowstrading.com/pages/donate (archive https://web.archive.org/web/20170906114338/https://www.redcrowstrading.com/pages/donate )

Also http://craftnbeads.com/ "Yamassee Indian Trading Co." https://web.archive.org/web/20170906115327/http://craftnbeads.com/

She is listed as vp of the now inactive Yamassee Indian Tribe Inc of Florida as Chief Brenda D Red Crow Webb. Her son listed as Chief Sekhu Hidden Eagle Gentle. http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=YAMASSEEINDIANTRIBE%20N120000097070&aggregateId=domnp-n12000009707-77bad6b2-bbba-44e5-b29d-176180035608&searchTerm=yamassee&listNameOrder=YAMASSEEBUILDERS%20L050000808960

Her husband Clifford J Webb is referred to as "Chief Justice" https://turtletalk.files.wordpress.com/2014/02/38-mj-rr.pdf

I've uploaded here a copy of a past lawsuit against them by a former friend in their various Yamassee endeavors. The .pdf includes copies of their emails which deteriorated into threatening trash talk.

Piff

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Re: Yamassee Nation of Allendale SC/Yamasee Muscogee Nation
« Reply #42 on: September 07, 2017, 01:42:05 pm »
Their membership application requires birth certificate, social security, health info, family history, names and birth dates of all children, along with $45 plus $10 for genealogy fee.

This is identity theft just waiting to happen. They could misuse it, or they could be hacked, or a splinter faction could walk off with it.

I've looked over the various genealogy heritage claims of the core members. They don't have anything near proof of what they claim. The claims they do make are garbled, out of context, incorrect, some of it looks faked and some possibly a sign that they don't know what they are doing. Some of the claims are impossible. I'm not going to lay out what is wrong because they then could make use of that information.