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MEMORANDUM OF UNDERSTANDING: 

INVESTIGATIVE RESPONSIBILITIES FOR INDIAN COUNTRY 

AT THE MASHANTUCKET PEQUOT RESERVATION 

This Memorandum ofUnderstanding is made by and between the United States 

Attorney's Office for the District of Connecticut; the Federal Bureau oflnvestigation ("FBI"); the 

Bureau of Indian Affairs ("BIA"), Office ofLaw Enforcement Services; and the Mashantucket 

Pequot Tribal Nation (the "Tribe"). 

1. PURPOSE AND GOALS. 

This Memorandum of Understanding ("MOU") sets forth written investigative procedural 

guidelines pursuant to 25 U.S.C. §§ 2801, et seq. and 25 U.S.C. §§ 3201 et seq., for criminal 

matters that arise within the "Indian Country" jurisdiction of the Tribe (hereafter "Mashantucket 

Pequot Indian Country"). This MOU is not intended to affect or relate in any way to the 

allocation of criminal jurisdiction between the Tribe, the United States, and the State of 

Connecticut (the "State"). This MOU also is not intended in any way to limit or proscribe the 

criminal jurisdictional authority of the Tribe. 

These investigative guidelines apply to investigations of all federal criminal violations 

arising in Mashantucket Pequot Indian Country over which the United States District Court for 

the District of Connecticut has jurisdiction under statutory authority and case law, as amended 

and expanded from time to time. These guidelines concern investigative responsibilities and are 

not the same as the prosecutive guidelines issued by the United States Attorney's Office that 

outline the types of cases that will generally be accepted for federal prosecution. 
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These investigative guidelines are set forth only as a matter of internal guidance for the 

Tribe, the United States Attorney's Office, and the respective agencies. These guidelines are not 

intended to, do not, and may not be relied upon to create a right or benefit, substantive or 

procedural, enforceable at law by any party to civil or criminal litigation with the United States. 

These guidelines are not subject to disclosure upon demand by any attorney involved in litigation 

with the United States, or any other person unless disclosure is otherwise required by law. 

The goals ofthese guidelines are to protect and provide for the safety of the victims of 

crime in Indian Country, including in particular child victims, and to identify and prosecute the 

offenders. 

2. JURISDICTIONAL ISSUES. 

A. Mashantucket Pequot Indian Country. 

The term "Indian Country" is a term defined in 18 U.S.C. § 1151 that describes the 

geographic area over which a tribe and the United States may assert criminal jurisdiction. It is 

defined as "all land within the limits of any Indian reservation" including "dependent Indian 

communities" and Indian allotments. For purposes ofthis MOU, Mashantucket Pequot Indian 

Country is the area within the exterior boundaries ofthe Mashantucket Pequot Reservation and 

any "dependent Indian communities," within the meaning of 18U.S.C.§1151, over which the 

Tribe may have jurisdiction. 

B. Federal Crimes Addressed in this MOU. 

This MOU governs federal criminal violations arising within the Indian Country 

jurisdiction of the Mashantucket Pequot Tribe over which the United States and/or the Tribe has 

jurisdiction. These crimes are: (I) crimes covered under the Major Crimes Act, 18 U.S. C. § 

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1153; (2) crimes covered under the General Crimes Act, 18 U.S.C. § 1152; (3) federal crimes of 

general applicability; and (4) criminal offenses that apply specifically within Indian Country. 

1. Major Crimes. The United States has jurisdiction for "major crimes" that arise in 

Indian Country under the Major Crimes Act, 18 U.S.C. § 1153. This statute covers several 

specific "major crimes" committed by Indians in Indian Country. The crimes listed in § 1153 are: 

1. Murder 18 U.S.C. § 1111 

2. Manslaughter 18 U.S.C. § 1112 

3. Kidnapping 18 U.S.C. § 120l(a)(2) 

4. Maiming 18 u.s.c. § 114 

5. Sexual Abuse (Chapter 109A, Title 18) 18 U.S.C. §§ 2241-45 

6. Incest 18 U.S.C. § l 153(b); Conn. Gen. 

Stat. Ann.§ 53a-l 91 

7. Assault - intent to commit murder 18 U.S.C. § 113(a)(l) 

8. Assault - dangerous weapon 18 U.S.C. § l 13(a)(3) 

9. Assault - resulting in serious bodily injury 18 U.S.C. § l 13(a)(6) 

10. Assault - individual under 16 18 U.S.C. § 113(a)(7) 

11. Arson 18 u.s.c. § 81 

12. Burglary 18 U.S.C. § 1153(b); Conn. Gen. 

Stat. Ann.§§ 53a-100 -103a 

13. Robbery 18 U.S.C. § 2111 

14. Felony Theft 18 U.S.C. § 661 

The United States' jurisdiction over these crimes within Mashantucket Pequot Indian Country 

may be concurrent with that ofthe State. Under the Mashantucket Pequot Indian Claims 

Settlement Act, 25 U.S.C. §§ 1751-1769, "the reservation ofthe Tribe is declared to be Indian 

Country subject to State jurisdiction to the maximum extent provided in [25 U.S.C. § 1321 et 

seq.]" 25 U.S.C. § 1755. See also State v. Spears, 662 A.2d 80,234 Conn. 78 (1995). 

The United States' jurisdiction also is concurrent with that ofthe Tribe. At least one 

court has held that tribes have concurrent major crime jurisdiction with the United States. See 

Wetsit v. Stafne, 44 F.3d 823 (9'h Cir. 1995). The Tribe may punish such crimes by a maximum 

fine of$5,000 and/or a maximum of one year ofimprisonment. See 25 U.S.C. § 1302. 

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The United States, the State, and the Tribe all have some jurisdiction over major crimes 

within the Mashantucket Pequot Indian Country. The parties to this MOU will work with the 

State to ensure that these major crimes are investigated and prosecuted thoroughly and efficiently 

according to their respective jurisdictions' authority. 

2. General Crimes Act. The United States also has jurisdiction under 18 U.S.C. § 1152, 

a statute that is referred to as the General Crimes Act, the Federal Enclave Act, or the Indian 

Country Crimes Act, over non-major crimes committed between Indians and non-Indians 

(interracial crimes). This statute provides that the "general laws of the United States as to the 

punishment of offenses committed in any place within the sole and exclusive jurisdiction of the 

United States, ... shall extend to the Indian Country." The original purpose of this Act was to 

apply to all non-Indian crime in Indian Country. However, in the early case of United States v. 

McBratney, 104 U.S. 621 (1881), the Supreme Court held that state courts had jurisdiction over 

crimes by non-Indians against non~Indians. Today, it is recognized that the General Crimes Act 

applies to non-major crimes by non-Indians against Indians; and to non-major crimes by Indians 

against non-Indians. 

In the case of the Mashantucket Pequot Tribe, however, there is some question whether 

the United States' jurisdiction survived passage ofthe Mashantucket Pequot Indian Claims 

Settlement Act, 25 U.S.C. §§ 1751-1760. As noted above, the Settlement Act expressly provides 

that "the reservation of the Tribe is declared to be Indian Country subject to State jurisdiction to 

the maximum extent provided in [25 U.S.C. § 1321 et seq.]. 25 U.S.C. § 1755. See also State v. 

Spears, 662 A.2d 80, 234 Conn. 78 (1995). Section 1321 refers to the assumption of criminal 

jurisdiction by the State which provides, in relevant part, "The consent ofthe United States is 

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hereby given to any State not having jurisdiction over criminal offenses committed by or against 

Indians in the areas of Indian country situated within such State ... the criminal laws of such 

State shall have the same force and effect within such Indian country or part thereof as they have 

elsewhere within that State." 25 U.S.C. § l32l(a). There is no mention of the United States 

retaining general crimes jurisdiction under 18 U.S.C. § 1152. Because the extent of the United 

States' jurisdiction in this area is unclear, this MOU does not mandate that federal law 

enforcement authorities participate in the investigation and prosecution of such offenses. 

However, the Tribe and the State, to the extent they wish, may consult with the FBI and the 

United States Attorney's Office with regard to these non-major crimes. 

3. Crimes of General Applicability. There are a number of crimes that are subject to 

the United States' jurisdiction within Indian Country simply because they are uniquely federal 

crimes, regardless ofwhether the perpetrator or victim is Indian and regardless ofthe situs of the 

crime. The following is a list of some of these crimes that is by no means exhaustive: 

Code Section Description of Crime 

16 U.S.C. § 3372 Lacey Act ( control of illegally taken fish and wildlife) 

18 u.s.c. § 666 Theft or bribery concerning programs receiving 

federal funds 

18 u.s.c. § 922 Unlawful acts relating to firearms 

18 U.S.C. § 1956 Money laundering 

18 U.S.C. § 1961 Racketeer Influenced and Corrupt Organizations Act 

(RICO) 

18 U.S.C. § 2261 Interstate domestic violence 

21 U.S.C. § 84l(a)(l) Controlled Substances - Distribution and Possession 

with Intent to Distribute 

The prosecution ofthese and many other crimes of general federal applicability falls 

within the exclusive jurisdiction ofthe United States. 

4. Specific Indian Country Crimes. A number of other criminal statutes contained in 

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the United States Code relate specifically to Indian Country. The following is a list of some of 

these crimes and the section of the United States Code where they are found. 

Code Section Description of Crime 

16 U.S.C. § 470ee Archaeological Resource Protection Act 

18 U.S.C. § 1154 Intoxicants dispensed in Indian Cowitry 

18 u.s.c. § 1155 Intoxicants dispensed at school site 

18 U.S.C. § 1156 Intoxicants dispensed wilawfully 

18 U.S.C. § 1158 Counterfeiting Indian Arts and Crafts 

18 U.S.C. § 1159 Misrepresentation ofIndian produced goods and products 

18 u.s.c. § 1160 Property damaged in committing offense 

18 U.S.C. § 1163 Embezzlement and theft from Indian Organization 

18 U.S.C. § 1164 Destroying boundary and warning signs 

18 U.S.C. § 1165 Hwiting, trapping or fishing on Indian land 

18 U.S.C. § 1166 Gambling in Indian Country 

18 U.S.C. § 1167 Theft from gaming establishments 

18 u.s.c. § 1168 Theft by officers or employees of gaming establishments 

18 U.S.C. § 1169 Reporting of child abuse 

18 U.S.C. § 1170 Illegal trafficking in Native American human remains and 

cultural items. 

The United States has exclusive jurisdiction over these crimes. 

3. INVES11GATIVE RESPONSIBILITIES. 

A. General Considerations. 

This MOU is intended to provide investigative authority guidance for the various law 

enforcement agencies of the United States and the Tribe to determine which agency or agencies 

should conduct investigations of alleged criminal violations occurring in Mashantucket Pequot 

Indian Country. Until the status of the defendant, victim, and land is definite, we cannot know 

whether the offense will be prosecuted in tribal, state, or federal court. 

In addition, these guidelines recognize a distinction between the reactive law enforcement 

work that must take place immediately upon the discovery that a crime may have occurred and 

the subsequent investigation leading to the prosecution of a criminal offense. We recognize that 

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uniformed officers - - tribal police, state police, and municipal police - - often are called on to 

perform reactive police intervention in matters that are eventually prosecuted in federal court. 

We respect the work of the uniformed officers and are confident that they will act with complete 

professionalism. 

We also recognize that Tribal Investigative Officers and Police Officers commissioned as 

Special Law Enforcement Commission Officers of the Bureau ofindian Affairs act as federal 

officers under federal law when responding to or investigating federal crimes occurring in 

Mashantucket Pequot Indian Country. 

These guidelines are not intended to restrict necessary reactive police work but are rather 

designed to address the investigative stage offederal criminal prosecutions. These guidelines 

should not be interpreted to limit the actions of any law enforcement officer, uniformed or 

otherwise, in the performance of his or her duty to enforce the criminal laws ofthe jurisdiction he 

or she is sworn to serve and protect. 

The parties to this MOU recognize that the Bureau of Alcohol, Tobacco and Firearms 

("ATP"), the United States Drug Enforcement Administration ("DEA"), and other federal law 

enforcement agencies will be notified by the FBI or the United States Attorney's Office 

concerning certain ofthe offenses set forth below. In some instances, ATP, DEA, or another 

federal law enforcement agency may be assigned lead or concurrent investigative responsibility 

in accordance with FBI procedures and/or applicable Memoranda ofUnderstanding between the 

FBI and such other agencies. 

B. Major Crimes. 

Whenever any ofthe parties to this MOU receives information which indicates that one 

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ofthe offenses defined as a major crime under 18 U.S.C. § 1153 may have been committed in 

Mashantucket Pequot Indian Country, or may be in progress or being planned in Mashantuckct 

Pequot Indian Country, the party receiving such information shall notify all other parties to this 

MOU of such information as soon as practicable. To effectuate this requirement, the party 

agencies will establish appropriate points of contact and contact telephone numbers to ensure 

accessibility. 

Investigative responsibility, as between the federal agencies and the Tribe, for these 

offenses will be allocated as follows: 

Crime Lead Agency Supporting Agencies 

Murder FBI Tribe, BIA 

Manslaughter FBI Tribe, BIA 

Kidnapping FBI Tribe, BIA 

Maiming FBI Tribe, BIA 

Sexual Abuse Tribe, BIA FBI 

Incest Tribe, BIA FBI 

Assault - intent to commit murder FBI Tribe, BIA 

Assault - dangerous weapon FBI Tribe, BIA 

Assault - resulting in serious bodily injury FBI Tribe, BIA 

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Assault - individual nnder 16 FBI Tribe, BIA 

Arson Tribe, BIA FBI 

Burglary Tribe, BIA FBI 

Robbery Tribe, BIA FBI 

Felony Theft Tribe, BIA FBI 

The lead agency will direct the investigation, submit the case report, retain all evidence, 

maintain evidentiary chain-of-custody, nnless otherwise agreed to by the respective agencies, and 

assist the United States Attorney's Office at any stage of court proceedings. All agencies that are 

parties to this MOU will collectively be responsible for providing quality service to the victims 

of federal crimes in Mashantucket Pequot Indian Conntry. This allocation of responsibilities is 

not intended to detract from the State's responsibilities for investigating such offenses. 

C. Crimes of General Applicability. 

Whenever any of the parties to this MOU receives information which indicates that one 

ofthe offenses of general applicability over which the United States has exclusive jurisdiction 

may have been committed in Mashantucket Pequot Indian Country, or may be in progress or 

being planned in Mashantucket Pequot Indian Conntry, the party receiving such information shall 

notify all other parties to this MOU of such information as soon as practicable. As stated above, 

the party agencies will establish appropriate points of contact and contact telephone numbers to 

ensure accessibility. 

Investigative responsibility for the following, non-exclusive list of crimes of general 
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applicability will be allocated as follows: 

Crime Lead Agency Supporting Agencies 

Lacey Act, 16 U.S.C. § 3372 Tribe, BIA FBI 

Theft or bribery concerning programs 

receiving federal funds, I 8 U.S.C. § 666 

FBI Tribe, BIA 

Unlawful acts relating to firearms, 

18 lJ.S.C. § 922 

FBI Tribe, BIA 

Money laundering, 18 lJ.S.C. § 1956 FBI Tribe, BIA 

Racketeer lnfl uenced and Corrupt 

Organizations Act, 18 U.S.C. § 1961 

FBI Tribe, BIA 

Interstate domestic violence, 

18 u.s.c. § 2261 

FBI Tribe, BIA 

Controlled substances - distribution and 

Possession with intent to distribute, 

21 U.S.C. § 84l(a)(l) 

FBI Tribe, BIA 

For all other cases, the determination ofwhich agency will be the lead agency shall be 

made as soon as possible after any ofthe parties to this MOU receives information indicating that 

a crime may have been committed, or may be in progress or being planned. If the investigation 

in question is reactive, the agency first on the scene shall secure the crime scene immediately. 

Criteria to consider in making the decision as to which agency shall be the lead agency 

should include (in no particular order of priority): 

Which agency received the first notification ofthe crime; 

Which agency responded first to the crime scene; 

Physical proximity of investigators and their offices to the crime scene; 
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The availability of investigators to initiate immediate investigation of the crime; 

The availability of investigative resources to sufficiently and thoroughly 

investigate the crime; 

Relative agency and individual investigator familiarity with the locality, the 

persons involved in the crime, the language spoken by victims and witnesses, and 

any special cultural aspects that might affect the investigation; 

The availability of special equipment or technical expertise; 

The potential for personal involvement of agency personnel in matters relating to 

the offense, such as familial relationships with victims, witnesses, or suspects; and 

The potential effects ofrelationships between the investigating agency and tribal 

or federal government entities, such as funding or chain-of-command 

relationships. 

If the involved agencies are not able to reach agreement, then the FBI will act as the lead 

agency in any matter concerning a crime of general federal applicability. 

The lead agency will direct the investigation, submit the case report, retain all evidence, 

maintain evidentiary chain-of-custody, unless otherwise agreed to by the respective agencies, and 

assist the United States Attorney's Office at any stage of court proceedings. All agencies that are 

parties to this MOU will collectively be responsible for providing quality service to the victims 

of federal crimes in Mashantucket Pequot Indian Country. 

D, Specific Indian Country Crimes. 

Investigative responsibility for the following specific Indian Country crimes will be 

allocated as follows: 

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141013 

Crime Lead Agency Supporting Agencies

Archaeological Resource Protection Act Tribe, BIA FBI

Intoxicants dispensed at school site Tribe,BIA FBI

Intoxicants dispensed unlawfully Tribe, BIA FBI 

Counterfeiting Indian Arts and Crafts Tribe, BIA FBI 

Misrepresentation oflndian produced goods 

and products 

Tribe, BIA FBI

Property damaged in committing offense Tribe, BIA FBI 

Embezzlement and theft from Indian 

Organization 

FBI Tribe, BIA

Destroying boundary and warning signs Tribe, BIA FBI 

Hunting, trapping, or fishing on Indian land Tribe, BIA FBI 

Gambling in Indian Country Tribe, BIA FBI 

Theft from gaming establishments Tribe, BIA FBI 

Theft by officers or employees of gaming 

establishments 

Tribe, BIA FBI 

Reporting of child abuse Tribe, BIA FBI 

Illegal trafficking in Native American 

human remains and cultural items 

Tribe, BIA FBI 

The lead agency will direct the investigation, submit the case report, retain all evidence, 

maintain evidentiary chain-of-custody, unless otherwise agreed to by the respective agencies, and 

assist the United States Attorney's Office at any stage of court proceedings. All agencies that arc 

parties to this MOU will collectively be responsible for providing quality service to the victims 

of federal crimes in Mashantucket Pequot Indian Country. The allocation of responsibilities is 

not intended to detract from the State's responsibilities for investigating such offenses. 

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The agencies which are parties to this agreement will implement internal written 

procedures necessary to fulfill their obligations under this agreement. The agreement shall 

remain in effect until terminated by one or more ofthe agencies by providing written notice to 

the other agencies. 

David R. Nicholas Date 

District Commander, Eastern Region 

Bureau of Indian Affairs 

Unit d States Attorney 

--W-l'.rrict of Connecticut 

Michael J. Wolfrtld_ (j)~ Date 

Special Agent in Charge 

Federal Bureau oflnvestigation 

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1 

Kenneth M. Reels 

Chairman 

Mashantucket Pequot Tribal Nation 

Date 

Daniel S. Collins 

Chief 

Mashantucket Pequot Tribal Police Department 

Date7