In response to complaints that the Tucker Payday Lenders had been extending abusive visit loans in breach of the usury rules, several states filed actions to enjoin the Tucker Payday Lenders from running within their states. A legal doctrine that, among other things, generally prevents states from enforcing their laws against Native American tribes to thwart these state actions, TUCKER devised a scheme to claim that his lending businesses were protected by sovereign immunity. Starting in 2003, TUCKER joined into agreements with a few indigenous American tribes (the вЂњTribesвЂќ), like the Miami Tribe of Oklahoma. The goal of these agreements would be to result in the Tribes to claim they owned and operated areas of TUCKERвЂ™s lending that is payday, to make certain that when states desired to enforce rules prohibiting TUCKERвЂ™s loans, TUCKERвЂ™s financing organizations would claim become protected by sovereign resistance. In exchange, the Tribes received re payments from TUCKER, typically one % associated with profits through the part of TUCKERвЂ™s payday lending company that the Tribes purported to possess.
To be able to produce the impression that the Tribes owned and controlled TUCKERвЂ™s payday lending business, TUCKER and MUIR involved in a number of deceptions. On top of other things:
MUIR as well as other counsel for TUCKER ready false declarations that are factual tribal representatives that have been submitted to mention courts, falsely claiming, among other activities, that tribal corporations substantively owned, managed, and handled the portions of TUCKERвЂ™s business targeted by state enforcement actions.