Mr. Fredericks joined the firm as a partner in 2007.
Member, Mandan, Hidatsa, and Arikara Nation of the Fort Berthold Indian Reservation.
Federal Indian law; tribal government; housing and taxation law; commercial and business law.
Colorado; Mandan, Hidatsa and Arikara Nation; Fort Peck Assiniboine and Sioux Tribes; U.S. Supreme Court; U.S. Courts of Appeals for the Eighth, Ninth, Tenth and Federal Circuits; District of Colorado and the District of Montana; U.S. Court of Federal Claims.
University of Colorado Law School (J.D., 1987); University of Montana (B.S., 1984).
PRIOR LEGAL EXPERIENCE:
Partner with Fredericks, Pelcyger & Hester, LLC (1992-2007); Associate with Fredericks & Pelcyger, LLC (1987-1992); Law Clerk with Fredericks & Pelcyger, LLC (1985-1987).
Mr. Fredericks has been involved in federal, state and tribal court litigation throughout the country, involving issues of Indian and commercial law, as well as general civil matters. Examples of cases Mr. Fredericks has handled include Denver Tec Bank v. FDIC, 843 P.2d 129 (Colo. App. 1992) in which Mr. Fredericks successfully represented the FDIC in a security priority dispute over the proceeds of chattel paper. Mr. Fredericks also successfully represented the Ponca Tribal Tax Commission in Conoco Inc. v. Arkeketa, et al., 19 Ind. L. Rptr. 3085 (D. Okla. Mar. 19, 1992), a case involving tribal authority to tax oil and gas production on allotted trust lands. Mr. Fredericks obtained a favorable judgment in Tribal Tax Court, Conoco, Inc. v. Ponca Tax Comm′n, et al., 21 Ind. L. Rptr. 6119 (1994), a decision then upheld in the federal district court in Conoco, Inc. v. Arkeketa, et al., CV No. 94-1788-M (W.D. Okla., Jan. 26, 1996). In addition, Mr. Fredericks successfully represented the Fort Peck Housing Authority in Econo Lumber Yards, Inc. v. Fort Peck Housing Authority, 20 Ind. L. Rptr. 6060 (1993), a case involving the assertion of a mechanics lien against his client′s 50 unit housing project. Mr. Fredericks also successfully represented the Fort Mojave Tribe and its 100% tribally-owned cable television company in Fort Mojave Indian Tribe, et al. v. Ward, et al., 22 Ind. L. Rptr. 3191 (D. Ariz. 1995), a federal court case that upheld the Tribe′s sovereign right to regulate cable television services in the “checkerboard” area of the Reservation free of county interference. Mr. Fredericks obtained a judgment in favor of his tribal client in Shivwits Band of Paiute Indians, et al. v. Babbitt, 185 F.Supp. 1245 (D. Utah 2002), a case involving a state′s challenge to an off-reservation trust land acquisition for the Tribe. The court upheld the acquisition, and ultimately ruled that the state or its subdivisions had no jurisdiction to regulate the Tribe′s commercial lessee. The case was affirmed by the Tenth Circuit Court of Appeals in Shivwits Band of Paiute Indians v. Utah, 428 F. 3d 966 (10 th Cir 2005) cert denied, 127 S. Ct. 38 (2006). Most recently, Mr. Fredericks won a landmark case for the Fort Peck Housing Authority (FPHA). In Fort Peck Housing Authority v. HUD, 185 F.Supp.2d 1125 (D. Colo. 2006), the United States District Court for the District of Colorado issued a judgment in favor of the FPHA which invalidated a federal regulation utilized by the United States Department of Housing and Urban Development (HUD) to determine the FPHA′s federal block grant allocation under the Native American Housing Assistance and Self-Determination Act of 1996.
One of the Founding Directors, National Intertribal Tax Alliance (former); Advisory Board Colorado Law School Indian Law Clinic (former); Advisory Board “Center of the American West” (former).
Author, "Financing Indian Agriculture: Mortgaged Indian Lands And The Federal Trust Responsibility", 14 Am. Ind. L. Rev. 105 (1989); Author, "State Regulation In Indian Country: The Supreme Court's Marketing Exemptions Concept, A Judicial Sword Through The Heart Of Tribal Self-Determination," 50 Mont. L. Rev. 49 (1989); Author, "America's First Nations: The Origins, History and Future of American Indian Sovereignty," 7 J.L. & Pol'y 347 (1999).
Mr. Fredericks is an acknowledged expert in Indian housing law, having worked in this field for over twenty years. Fredericks′ work for various Indian Housing Authorities (IHAs) has encompassed all phases of the development and administration of Indian Housing. Fredericks extensive experience including providing legal guidance on development, construction, operation, and administration issues, compliance with Federal and Tribal law, and other issues. As a result of working with numerous Indian Housing Authorities, Fredericks has extensive knowledge of the Native American Housing Assistance and Self-Determination Act of 1996, 25 U.S.C. §§ 4101-4212, as well as the Housing Act of 1937. Fredericks has worked in all phases of NAHASDA, including block grant funding issues, required policies and procedures, mold and other environmental issues, construction and development issues, employment issues such as drafting new tenant admission, occupancy, modernization, payment and eviction, procurement, housing assistance, and other policies, and providing legal advice and representation in grievance proceedings before IHA Commissioners and in Tribal courts, and other matters. Fredericks recently represented a Housing Authority in obtaining a $3.675 million HUD guaranteed loan with a local bank under Title VI of NAHASDA. He also represents Housing Authorities in development of projects using tax credits pursuant to Section 42 of the Internal Revenue Code. Fredericks is also familiar with HUD′s Section 184 Loan Program.
Mr. Fredericks has considerable knowledge and experience in Indian gaming issues arising both before and after the passage of the Indian Gaming Regulatory Act. Mr. Fredericks assisted in the successful development and financing of the Avi Casino on the Fort Mojave Indian Reservation, and represented the Crow Tribe before the United States District Court and the Ninth Circuit Court of Appeals in a case involving the Tribe′s right to license and regulate Class III gaming under the terms of their gaming compact and the Indian Gaming Regulatory Act. Mr. Fredericks also represented the Pyramid Lake Paiute Tribe in its negotiations with the State of Nevada for a Class III gaming compact, and represented the Crow Tribe in the renegotiation of their Class III compact.
Mr. Fredericks has extensive experience in tribal tax law and litigation. He has drafted and helped implement comprehensive Tax Codes for the Pyramid Lake Paiute Tribe, the Battle Mountain Band, Western Shoshone, and the Rincon San Luiseño Band of Mission Indians. He has litigated tribal and state tax cases in federal and tribal courts in Montana, Nevada, California, and Oklahoma. Mr. Fredericks represented the Pyramid Lake Paiute Tribe in negotiating the first tribal/state fuel tax agreement in Nevada, which allows the Tribe and reservation retailers to purchase wholesale fuel free of state taxes. Fredericks represents the Osage Tax Commission, assisting with the recent amendments to and enforcement of its tax code, the enforcement and interpretation of the Nation′s tobacco tax compact with the state of Oklahoma, and other administrative and tax matters.