In reaction to complaints that the Tucker Payday Lenders had been extending loans that are abusive breach of these usury laws and regulations, a few states started to investigate the Tucker Payday Lenders.
To thwart these state actions, TUCKER devised a scheme to declare that his financing companies had been protected by sovereign resistance, a appropriate doctrine that, on top of other things, generally prevents states from enforcing their regulations against indigenous American tribes. Beginning in 2003, TUCKER joined into agreements with several indigenous American tribes (the вЂњTribesвЂќ), like the Santee Sioux Tribe of Nebraska, the Miami Tribe of Oklahoma, plus the Modoc Tribe of Oklahoma. The goal of these agreements would be to cause the Tribes to claim they owned and operated areas of TUCKERвЂ™s payday financing enterprise, making sure that whenever 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 re re payments from TUCKER, typically one % associated with profits through the part of TUCKERвЂ™s payday lending company that the Tribes purported to possess.
So that you can produce the impression that the Tribes owned and controlled TUCKERвЂ™s lending that is payday, TUCKER and MUIR involved with a number of lies and deceptions. On top of other things:
- MUIR as well as other counsel for TUCKER prepared false factual declarations from tribal representatives that have been submitted to mention courts, falsely claiming, among other items, that tribal corporations substantively owned, managed, and handled the portions of TUCKERвЂ™s company targeted by state enforcement actions.
- TUCKER started bank records to work and have the earnings regarding the payday financing enterprise, that have been nominally held by tribally owned corporations, but that have been, in reality, owned and managed by TUCKER.