FOR IMMEDIATE RELEASE April 17, 2001 SPECIAL MASTER FINDS FEDERAL RESERVE CULPABLE FOR "PROFOUNDLY TROUBLING" DESTRUCTION OF INDIAN TRUST DOCUMENTS WASHINGTON, D.C. - The Court-appointed Special Master overseeing individual Indian trust litigation issued an opinion today finding Federal Reserve banks and branches culpable for "profoundly troubling" destruction of trust-related documents, despite a federal judge's orders that the records be preserved. Special Master Alan L. Balaran said that, "to date," 29 of 37 branch offices in the nationwide Federal Reserve system have reported destruction of financial records that are material to Cobell v. Norton, a class action lawsuit by individual Indian trust beneficiaries against the Interior and Treasury departments. Referring to the Fed's "abysmal record" of preserving the documents, Balaran added, "Given the center stage that issues concerning document retention and preservation have occupied in this litigation, this lack of oversight is profoundly troubling." Balaran's findings were part of a legal opinion analyzing whether the Treasury Department or the Federal Reserve were to blame for the destruction under terms of an order issued by U.S. District Judge Royce C. Lamberth, who is presiding over the Cobell litigation. "Saying the government's actions are 'profoundly troubling' is putting it politely," said Elouise Cobell, the lead plaintiff. "We have been saying for over a year that Treasury and the Fed do not have the safeguards in place to replicate the information they keep destroying, nor do they have a plan to establish any safeguards. It is a small vindication to find out that the Special Master agrees with us." The financial records maintained by the Fed reflect investment of up to $500 million a year of Indian trust funds in government securities on behalf of at least 500,000 individual trust beneficiaries. They are vital for an accounting ordered by the Court for each dollar deposited and withdrawn since 1887. The plaintiffs believe that tens of billions of dollars have been held in the trusts since the late 19th century, but the government has conceded that it cannot say accurately what has happened to the funds. To read the Special Master's opinion, go to www.indiantrust.com ###