ELR Citation: ELR 20163
No(s). 08-5500 (D.C. Cir. Jul 24, 2009)

The D.C. Circuit held that DOI, which breached its fiduciary duties to Individual Indian Money trust account beneficiaries, must conduct an accurate accounting of those funds. The district court correctly held that the DOI breached its duty and that the American Indian Trust Fund Management Reform Act of 1994 required a full accounting of those funds. But it erred in holding that accounting for the funds was impossible because the government could not "achieve an accounting that passes muster as a trust accounting" given inadequate funding from Congress. The statute gives the plaintiff class a right to an accounting. Sitting in equity, the district court has the authority to approve a plan that efficiently uses limited government resources to achieve that goal. Accounting for closed accounts, dealing with probate and probate regulations, and considering the impact of the Individual Indian Money trust on a host of heirs and creditors could needlessly further complicate an already complicated process. But the purpose of an equitable accounting is for the DOI to concentrate on picking the low-hanging fruit. The "theoretically perfect" must not "render impossible the achievable good."

[A prior decision in this litigation can be found at 31 ELR 20502]