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By Sean P. Murphy, Globe Staff, 4/18/2001

lawyer involved in a lawsuit concerning a proposed Indian casino has asked the court to disregard a letter purporting to be federal policy.

The lawyer argued that the letter cannot be used as evidence because copies of it are missing from the Bureau of Indian Affairs' files.

''If the letter is not on file ... it is respectfully submitted that this letter on its face cannot be accepted as Bureau of Indian Affairs policy,'' wrote Michael Rhodes-Devey, who is representing opponents to a casino in the Catskills proposed by the St. Regis Mohawk tribe of New York.

Bureau officials concluded last week that the letter - which has become a pivotal piece of evidence in the multibillion-dollar case - had not been filed as required.

The letter was written on Oct. 6 by Michael J. Anderson, then deputy chief of Indian Affairs. It supports claims by casino backers who are attempting to have a $1.8 billion judgment against them dismissed. That judgment was rendered by the Mohawk's own tribal court, but the backers say the court lacks authority.

In the letter, Anderson agreed with the casino backers, even though longstanding bureau policy had been to not interfere in such internal matters.

Focus on the letter came after The Boston Globe reported last week that Anderson left office in January to begin representing the Mohawk's gaming interests. That move could violate the federal ''revolving door'' statute, which seeks to limit the ability of former government workers to lobby on behalf of industries they once regulated.

Because the letter was not filed, bureau officials said, they could not determine whether the letter had been reviewed and approved by others at the bureau, according to standard protocol. Bureau officials said they were continuing for the third week to look for documents to substantiate the legal conclusions reached by Anderson in his letter.

Anderson declined to comment. He and his former boss at the bureau, Kevin Gover, have come under scrutiny for last-minute decisions they made in favor of Indian gaming interests. Both stepped directly into lucrative jobs lobbying for those interests upon leaving government.

The Inspector General's office of the Interior Department, which oversees the Bureau of Indian Affairs, is investigating.

Meanwhile, the Bush administration yesterday named its nominee to head the Bureau of Indian Affairs. The nomination of Neal A McCaleb, the current Oklahoma transportation secretary, requires confirmation by the Senate.

Since taking office, the Bush administration has put the brakes on approvals for Indian gaming ventures, and McCaleb's nomination was viewed as indicating a gaming slowdown. Unlike other candidates for the job, McCaleb has not been directly involved in gaming ventures.

Sean P. Murphy's email address is [email protected]

This story ran on page 8 of the Boston Globe on 4/18/2001.
© Copyright 2001 Globe Newspaper Company.