Free Witness List - District Court of Federal Claims - federal

Case 1:99-cv-00550-ECH

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) Plaintiff, ) ) ) v. ) ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) __________________________________________) THE OSAGE TRIBE OF INDIANS OF OKLAHOMA,

Electronically Filed: February 7, 2006 No. 99-550L (into which has been consolidated No. 00-169L) Judge Emily C. Hewitt

DEFENDANT'S REVISED WITNESS LIST Pursuant to the Court's June 20, 2005, Order, the Rules of the Court of Federal Claims ("RCFC") Appendix A ¶ 15(a), and the agreement of the parties, Defendant hereby submits this Revised Witness List identifying the witnesses Defendant expects to present at trial and the witnesses Defendant may call if the need arises at trial. Witnesses Defendant Expects to Present Sharon Allen Financial Management Service United States Department of the Treasury 3700 East-West Highway Hyattsville, Maryland 20782 (202) 305-0212 Ms. Allen is Director of the Cash Accounting and Reporting Directorate of the Government-wide Accounting AC Area. She may offer fact and expert testimony about government-wide accounting particularly as it relates to disbursements. Ms. Allen's direct testimony is expected to take approximately 2 hours. Richard Bauder Financial Management Service United States Department of the Treasury

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401-14th Street, SW Washington, DC 20227 (202) 305-0212 Mr. Bauder is Director of the Systems Integrity Division, Regional Operations, Financial Management Service. He may testify regarding Regional Distribution Office Practices. Mr. Bauder's direct testimony is expected to take approximately 2 hours. Jerri Jean Branstetter P.O. Box 97 Wynona, OK 74084 (918) 846-2302 Ms. Branstetter is a former Accounting Technician (1974 to 1980) of the Osage Agency. She may offer fact and expert testimony about the Osage Agency practice of valuing oil royalties, including how the Agency determined the highest posted price, made gravity adjustments, and verified royalty amounts. Ms. Branstetter's direct testimony is expected to take approximately 2.5 hours. Rita Bratcher Financial Management Service United States Department of the Treasury 401-14th Street, SW Washington, DC 20227 (202) 305-0212 Ms. Bratcher is Director of the Cash Management Directorate of the Federal Finance AC Area. She may offer fact and expert testimony about deposit processes. Ms. Bratcher's direct testimony is expected to take approximately 2 hours. Gregory J. Chavarria Chavarria, Dunne & Lamey 100 Sun Avenue, Suite 210 Albuquerque, New Mexico 87109 (505) 246-9777 Mr. Chavarria is a founding member of the public accounting firm of Chavarria, Dunne & Lamey. He may offer fact and expert testimony as to matters and opinions discussed in his expert report, Plaintiff's expert reports, and expert depositions, including the Arthur Anderson Agreed Upon Procedures Report and plaintiff's allegations regarding "deposit lag time," "disbursement lag time," and "cancelled checks." Mr. Chavarria may also offer testimony to rebut testimony or evidence offered by Plaintiff during trial.
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Mr. Chavarria's direct testimony is expected to take approximately 4 hours. Judi Hill Office of the Special Trustee Bureau of Indian Affairs 813 Grandview Avenue Pawhuska, Oklahoma 74056 (202) 305-0212 Ms. Hill is a Backup Collection Officer at the Office of the Special Trustee. She may testify about agency accounting, collections, and disbursements. Ms. Hill's direct testimony is expected to take approximately 3 hours. Wanda J. Hood OST ­ Fiduciary Trust Officer Cherokee Nation Main Complex Room 112 Tahlequah, OK 202-305-0212 Ms. Hood will testify as to the deposit of Osage royalty receipts from the perspective of the Muskogee Area Office. Ms. Hood's direct testimony is expected to take approximately 1 hour. Charles R. Hurlburt Osage Agency, Minerals Branch Bureau of Indian Affairs 813 Grandview Avenue Pawhuska, Oklahoma 74056 (202) 305-0212 Mr. Hurlburt is a Supervisory Petroleum Engineer at the Osage Agency. He may offer fact and expert testimony about the Osage Agency practice of valuing oil royalties, including how the Agency determined the highest posted price, made gravity adjustments, and verified royalty amounts. Mr. Hurlburt's direct testimony is expected to take approximately 4 hours. Charles R. Lundelius Jr. FTI Consulting, Inc. 1201 I Street, NW Suite 400 Washington, DC 20005
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Mr. Lundelius is a Senior Managing Director at FTI Consulting, Inc. He may offer expert testimony as to matters and opinions discussed in his expert report, Plaintiff's expert reports, and expert depositions, including Plaintiff's allegations regarding the sufficiency of documentation to evaluate the prudence of investments, the prudence of investments, and investment earnings. Mr. Lundelius may also offer testimony to rebut testimony or evidence offered by Plaintiff during trial. Mr. Lundelius' direct testimony is expected to take approximately 8 hours. Ronnie A. Martin Lexecon, an FTI company 1001 Fannin Street Houston, Texas 77002-6706 (713) 353-5408 Mr. Martin is a Senior Managing Director at Lexecon. He may provide expert testimony as to matters and opinions discussed in his expert report, Plaintiff's expert reports, and expert depositions, including the Osage Agency practice of valuing and collecting oil royalties, the prudence and accuracy of the Osage Agency's practice of valuing and collecting oil royalties, and errors in the assumptions and analysis of Plaintiff's expert, Mr. Reineke. Mr. Lundelius may also offer testimony to rebut testimony or evidence offered by Plaintiff during trial. Mr. Martin's direct testimony is expected to take approximately 8 hours. Carole Revard Osage Agency Bureau of Indian Affairs 813 Grandview Avenue Pawhuska, Oklahoma 74056 (202) 305-0212 Ms. Revard is a Supervisory Realty Specialist at the Osage Agency. She may offer fact testimony about the Osage Agency practice of valuing and collecting oil royalties, including how the Agency determined the highest posted price, made gravity adjustments, and verified royalty amounts. Ms. Revard's direct testimony is expected to take approximately 3 hours. Paul Tyler Supervisory Minerals Revenue Specialist Minerals Management Service United States Department of the Interior 4013 Northwest Expressway, Suite 230 Oklahoma City, Oklahoma 73116 (202) 305-0212
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Mr. Tyler is a Supervisory Minerals Revenue Specialist at the Minerals Management Service (MMS). He may offer fact and expert testimony about the MMS Audit, dated February 8, 1994, conducted for the Osage Agency, including the objectives of the audit, the methodologies of the audit, the findings of the audit, and the oil review contained in the audit. Mr. Tyler's direct testimony is expected to take approximately 2 hours.

John W. Vale 9516 Cargo Avenue, NE Albuquerque, New Mexico 87109 (505) 296-5284 Mr. Vale is a former Auditor employee of BIA's Branch of Investments and former Auditor of the Osage Nation. He may testify about BIA investments and Osage Nation auditing practices. Mr. Vale's direct testimony is expected to take approximately 4 hours. Margaret Williams Office of the Special Trustee for American Indians United States Department of the Interior 4400 Masthead Street, NE Albuquerque, New Mexico 87109 (202) 305-0212 Ms. Williams is the Deputy Special Trustee for Trust Services at the Office of the Special Trustee for American Indians, Department of the Interior. She may offer fact and expert testimony about Osage Agency and Office of Special Trustee investments and disbursements. Ms. Williams's direct testimony is expected to take approximately 3 hours.

Witnesses Defendant May Call If the Need Arises Ethel J. Abeita Director, Office of Trust Records Office of Special Trustee for American Indians 4400 Masthead, NE Albuquerque, New Mexico 87109 (202) 305-0212 Ms. Abeita may testify as to record retention policy and procedures of Interior. Ms. Abeita's direct testimony is expected to take 1 hour.

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Newell Barker 1521 Revard Avenue Pawhuska, Oklahoma 74056 (918) 287-2937 (918) 440-4600 Mr. Barker is the former Chief of the Branch of Minerals, Osage Agency. He may offer fact and expert testimony about the Osage Agency practice of valuing and collecting oil royalties, including how the Agency determined the highest posted price, made gravity adjustments, and verified royalty amounts and volumes. Mr. Barker's direct testimony is expected to take approximately 1.5 hours. Melvin Core 1324 Melody Lane Pawhuska, Oklahoma 74056 (202) 305-0212 Mr. Core is a former supervisor in the Royalty Accounting Section of the Minerals Branch of the Osage Agency. He may offer fact and expert testimony about the Osage Agency practice of valuing oil royalties, including how the Agency determined the highest posted price, made gravity adjustments, and verified royalty amounts. Mr. Core's direct testimony is expected to take approximately 1 hour. Dale Correa Office of the Special Trustee for American Indians United States Department of the Interior 4400 Masthead Street, NE Albuquerque, New Mexico 87109 (202) 305-0212 Mr. Correa is an information technology specialist at the Office of the Special Trustee for American Indians. He may testify if necessary to establish a foundation for certain exhibits the United States may move into evidence. Mr. Correa's direct testimony is expected to take approximately 0.25 hours. George D. Daly 7060 South Yale Suite 902 Tulsa, OK 74136 Mr. Daly, an engineer, was a consultant to the Osage Tribal Council from approximately 19661988. Mr. Daly may offer fact testimony about his consulting work for the Osage Tribe on
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various issues concerning the management of the Osage Mineral Estate, including operational issues, royalty valuation issues, and proposed regulations. Milton K. Dial 4474 S. Forest Trail Evergreen, Colorado, 80439 (303) 670-0728 Mr. Dial is a former employee of USGS and MMS (1971-2004) and has held various positions in royalty audits, collections, and compliance, including: Chief of Royalty Compliance Division, Chief of Royalty Valuation and Standards, Chief of Compliance Verification Division, and Deputy Associate Director (MMS/MRM). He may offer fact and expert testimony about the MMS and industry practice of valuing and collecting oil royalties from federal and Indian leases, including the interpretation and application of price control statutes and regulations and gravity adjustments. Mr. Dial's direct testimony is expected to take approximately 1 hour. Bob Fox 8816 Loop Road Bellville, Texas 77418 (979) 865-3957 Mr. Fox is a former employee of Texaco (1953-1994) and has held various positions relating to accounting and oil valuation, including Assistant Chief Accountant and Coordinator. He may offer fact and expert testimony about the Texaco and industry practice on valuing and collecting oil royalties from federal and Indian leases, including Indian leases on the Osage mineral estate, and the interpretation and application of price control statutes and regulations and gravity adjustments. Mr. Fox's direct testimony is expected to take approximately 1 hour. Heather Little Osage Agency Bureau of Indian Affairs 813 Grandview Avenue Pawhuska, Oklahoma 74056 (202) 305-0212 Ms. Little is an Accounting Technician/Records Officer at the Osage Agency. She may offer fact testimony about the Osage Agency practice of organizing, maintaining, and shipping Osage Agency records. Ms. Little's direct testimony is expected to take approximately 1 hour. Jim Parris
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Mr. Parris is a former employee of BIA's Branch of Investments and former Auditor of the Osage Nation. He may testify about BIA accounting and investments and Osage Nation auditing practices. Mr. Parris' direct testimony is expected to take approximately 2 hours. Jack Shoemate Retired Former Superintendent of Osage Agency 1330 Melody Lane Pawhuska, OK 74056 (918) 287-4633 Mr. Shoemate may testify as to the authenticity of certain documents and as to his interaction with the Osage Tribal Council related to the management of the Tribe's mineral estate and funds. Mr. Shoemate's testimony is expected to take approximately 2 hours. James Sturgill Financial Management Service United States Department of the Treasury 3700 East-West Highway Hyattsville, Maryland 20782 (202) 305-0212 Mr. Sturgill is Assistant Commissioner of the Government-wide Accounting AC Area. He may offer fact and expert testimony about government-wide accounting. Mr. Sturgill's direct testimony is expected to take approximately 2 hours. Harold Steven Tully Osage Agency Bureau of Indian Affairs 813 Grandview Avenue Pawhuska, Oklahoma 74056 (202) 305-0212 Mr. Tully is an IT Specialist at the Osage Agency. He may offer fact and expert testimony about the System 36 computer system and data at the Osage Agency and the transfer, maintenance, storage, and security of System 36 data and other electronic data at the Osage Agency. Pat Wrenn Financial Management Service United States Department of the Treasury 3700 East-West Highway
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Hyattsville, Maryland 20782 (202) 305-0212 Mr. Wrenn is a Senior Accountant in the Financial Management Service of the Department of the Treasury. He may testify about past Financial Management Service investment processes. Mr. Wrenn's direct testimony is expected to take approximately 2 hours.

Defendant reserves the right to call any witness named in Plaintiff's witness list and any witness in this case who has been or will be deposed. Respectfully submitted on, February 7, 2006,

SUE ELLEN WOOLDRIDGE Assistant Attorney General

/s Brett D. Burton BRETT D. BURTON United States Department of Justice Environment & Natural Resources Division Natural Resources Section P.O. Box 663 Washington, D.C. 20044-0663 Telephone: (202) 305-0212 Fax: (202) 353-2021 Counsel of Record for Defendant

/s Martin L. LaLonde MARTIN J. LALONDE KEVIN WEBB United States Department of Justice Environment & Natural Resources Division Natural Resources Section P.O. Box 663 Washington, D.C. 20044-0663 Telephone: (202) 305-0212 Fax: (202) 353-2021
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Case 1:99-cv-00550-ECH

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Attorneys for Defendant OF COUNSEL: Elisabeth Brandon Brenda Riel Attorneys Office of the Solicitor Division of Indian Affairs U.S. Department of the Interior MS 6456 Washington, D.C. 20240 Telephone: (202) 219-1659 Fax: (202) 208-3490 Teresa E. Dawson Senior Counsel Office of the Chief Counsel Financial Management Services U.S. Department of the Treasury 401 14th Street, S.W. Washington, D.C. 20227 Telephone: (202) 874-2567 Fax: (202) 874-6627

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