TABLE OF CONTENTS

 

1 - A Fraudulent Treaty

2 - The Grand Island Land Claim Case

3 - 43x79 Group

4 - The Seneca Nation of Indians

5 - The City of Niagara Falls

6 - The Buffalo Billions

7 - Dyster, Cuomo and the Former Seneca Party

8 - Reclaiming Niagara

9 - Restaino Regime

 

 

PART 1: A Fraudulent Treaty

 

Summary: The August 6th, 1764 Treaty of Niagara is a fraudulent Treaty. This fact was used as leverage during the 1993 - 2002 Grand Island Land Claim Case in order to secure the casino gaming compact. If you wish to skip ahead to more modern times, you should know that, due to the fact that the Chiefs who signed this Treaty were hostages, the islands of the Niagara River still technically belong to the Seneca Nation of Indians. The fact that this was a fraudulent treaty was kept secret until summer of 2017: While researching the islands of the Niagara River, I stumbled upon the historical evidence supporting these facts in Sir William Johnson’s notes.

 

 

To understand Niagara Falls and the Seneca Nation of Indians, we have to understand the treaties that got us here. Namely, the Treaty of Niagara, 1764.

 

Let’s start in 1763, before the creation of the United States of America. At this time, the British knew Niagara as “The Carrying Place,” a critically strategic spot for transporting of goods during their invasion. September 14th, 1763, a well organized ambush planned by a Chenussio war chief and executed by Seneca warriors left 81 British soldiers dead in the Niagara gorge. This event is known as the “Devil’s Hole Massacre” and was a part of Pontiac’s Rebellion, a highly organized attempt at stopping the British invasion of Native lands. During the massacre, Porter Master John Stedman was tossed over the gorge along with many others who died. He survived and ran all the way back to Fort Niagara, miles from Devil’s Hole. The Chenussio respected Stedman so much for having survived Devil’s Hole that they symbolically gifted him Goat Island, believing him to be some sort of demigod and allowing him to live there.

 

Sir William Johnson, a British General stationed at Fort Niagara at the time, had been appointed Superintendent of Indian Affairs by the Crown. The Devil’s Hole Massacre shocked him to the core and made him rethink his tactics against the Natives. Johnson believed in diplomacy but he also had a forked tongue. He knew that the Chenussio, who led the 300-500 Seneca warriors who attacked his men, were too powerful to fight against forever. They knew the terrain and they were highly aggressive. He also knew that the other five nations in the Haudenosaunee respected the Chenussio.

 

Just a distinction: The original Seneca were called the “Onondawaga,” or “People of the Great Hill.” Seneca was a Roman philosopher and it is very likely that Sir William Johnson bestowed this name upon those Chenussio and Onondawaga who were willing to switch sides and fight against their own tribe for the British. The Chenussio were in charge of the Seneca.

 

The upset of the Devil’s Hole Massacre forced Sir William Johnson to act quickly, and act he did. He invited all of the tribes on the continent to Fort Niagara to sign what is now known as the “Magna Carta” of Indian Treaties: The Treaty of Niagara. 

 

The Sioux did not show, but they were forgiven as their distance from the Carrying Place was taken into consideration. The Delaware were obviously not present as Pontiac’s rebellion raged on. Johnson’s main concern was with the Seneca, even more specifically with the Chenussio.

 

According to Johnson’s correspondence with his colleagues, it’s clear that no other nation gave the British a run for their money like the Chenussio. In April of 1764, when thousands of Native Americans gathered to meet Sir William Johnson at Fort Niagara, the Seneca Nation sent two runners. These runners informed the British that the Chenussio were still standing by Chief Pontiac, but they were open to peace talks in July. Sir William Johnson despised and feared the Chenussio.

 

For the full story on this, please read my dissertation which was published in 2017 by the National Indian Law Library.

 

To make a long story short, here’s what happened:

 

There were actually TWO Treaties of Niagara. The first and main treaty, known as the Treaty of Peace, was signed in April of 1764, by Haudenosaunee, Wyandot of Detroit, Menominee, Algonquin, Nipissing, Ojibwa, Mississaugas, and others who were part of the Seven Nations of Canada and the Western Lakes Confederacy, this treaty was the big one. Hence why this is called the “Magna Carta” of Indian treaties. Over 2,000 Natives were present at Fort Niagara during this time.

 

The Chenussio, however, did not comply. They were still seeking a way to fight the British and continue Pontiac’s Rebellion, which was still ongoing during the time. The April treaty was signed by the Senecas and much of the land of Niagara was given at this time to the British. The islands of the Niagara River were exempted from the agreement, and as Peter Porter has it in his History of Goat Island, NY (1900): “The diplomatic Senecas specially excepted from this grant all the islands in the river.”

 

The Chenussio, working with Pontiac, were planning another covert attack, similar to the Devil’s Hole Massacre, this one they called the “Ax.” They’d hoped to organize the 2,000 Natives at Fort Niagara to stage an ambush on the British and end the war. Ultimately, the Ax was turned against the Chenussio by the cunning Sir William Johnson.

 

Two Seneca runners were sent to Fort Niagara in April of 1764. At this same time, three Chenussio Chiefs were left at the fort as hostages; This was done as collateral because in April of 1764, the two Seneca runners informed Sir William Johnson that the Seneca, under Chenussio rule, were still standing by Chief Pontiac but were open to peace talks. As stated, the Chenussio chiefs did sign the April Treaty of Niagara giving away much of their land in Niagara in the process.

 

In July of 1764, the Seneca runners returned to Fort Niagara. They did not have any qualified Chief or Sachem with them to sign away the islands of the Niagara River. These young braves thought that Sir William Johnson was offering a peace treaty in which everyone would be made equal; the Seneca did not want to continue to fight while the Chenussio were still pushing for the Ax covert operation. So what was agreed between Johnson and the Seneca braves was that the three Chenussio chiefs, who had been left hostage in April, would sign the second Treaty of Niagara on August 6th, 1764. This is when the islands of the Niagara River were signed away to the British. The Chiefs did not read or write English and signed their names by drawing their clan animals. The Chenussio buried their chiefs, most honored warriors and medicine people on Goat Island and Three Sisters Islands. These islands were held sacred to their people and they had refused to signed them away. Hence why the chiefs who were hostages were forced to sign. Later, Sir William Johnson would brag to his superiors back in England in his correspondence of his “improprieties” concerning getting the Natives to sign away lands they did not wish to give up.

 

It’s all there in the first hand historical evidence. Hostages cannot sign a treaty. This brings us to our next part of the story…

 

PART 2: THE GRAND ISLAND LAND CLAIM CASE

 

Summary: The Grand Island Land Claim Case was a lawsuit between the Seneca Nation of Indians and New York State, in which SNI used the leverage of the fraudulent August 6th, 1764 Treaty of Niagara to obtain the original casino gaming compact. This fact was publicly stated by Congressman John LaFalce.

 

In 1993, the Seneca Nation of Indians filed a lawsuit in federal court against New York State. They claimed that Grand Island was actually theirs. [1] This lawsuit went on for 9 years.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Having read through the entirety of the courtroom proceedings [2] and the verdict of the case, and having been trained as a legal assistant specializing in proofreading legal documents, this is what I found: The verdict in favor of New York State ultimately came down to the Treaty of Niagara, 1764. The other obstacle, besides the (now null and void August 6th Treaty of Niagara 1764), is the Treaty of Fort Stanwix 1784. According to the courtroom proceedings: “Once aboriginal title is extinguished by the sovereign, the holder of the preemption right obtains fee simple absolute title to the land. Prior to the American Revolution, Great Britain held the right of preemption to the Niagara strip and the Niagara Islands. That right passed to the State of New York upon the Revolution. Thus, under the law of Indian land tenure, once the Senecas' purported aboriginal title to the Niagara strip and the Niagara Islands was extinguished by the 1784 Treaty of Fort Stanwix, New York obtained fee simple absolute title to those lands, as a matter of law. This is assuming, of course, that Britain did not hold fee simple absolute title to these lands a result of the 1764 treaties. In response to this analysis, the United States and the Plaintiff Tribes appear to raise different arguments. The United States contends that under the 1784 Treaty of Fort Stanwix, the Senecas transferred to the United States only their possessory interest in the subject lands (i.e., their aboriginal title), and that New York continued to hold the right of preemption to those lands, subject to the United States' right of possession.”

 

So in Layman terms, the “United States contends that under the 1784 Treaty…etc.etc.” <—- This means that only the preemption rights to the islands, subject to the United States’ right of possession, was held by New York State. Yet without the Treaty of Niagara, there are no preemption rights to the islands. The 1784 Treaty of Fort Stanwix did not extinguish the Seneca’s rights to the islands because, as stated in the proceedings, “Prior to the American Revolution, Great Britain held the right of preemption to the Niagara strip and the Niagara Islands. That right passed to the State of New York upon the Revolution.” Great Britain never actually held the right of preemption to the Niagara Islands because the 1764 Treaty of Niagara was signed by hostages. Thus, the right of preemption never actually passed onto New York State. 

The title to the islands is still, to this day, under the Seneca’s ownership. It can also be argued that the circumstances leading to the formation of the Treaty of Fort Stanwix change drastically once the full spectrum of what actually happened in 1763 and 1764 comes into view.

Sir William Johnson’s personal notes were cited heavily as first hand historical evidence in this case. The one thing missing from the evidence that could have won the verdict for the Seneca Nation of Indians is that the treaty giving away the islands (August 1764) was signed by chiefs who were hostages. Nowhere in the evidence is this ever mentioned, despite well researched arguments on both sides over Sir William Johnson’s notes. Yet the evidence is there, in his centuries old notes. I also thought it strange that the Seneca Nation of Indians would sue solely for Grand Island, because the islands are a bundle package due to the August 6th, 1764 Treaty of Niagara and so they cannot be separated. So what happened?

 

Well, in June of 2002, Judge Arcara pronounced that Grand Island was signed away initially in the Treaty of Niagara, 1764, and awarded the verdict to the defendant, New York State. [3]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

In August of 2002, just two months later, the Seneca Nation of Indians entered into the original casino gaming compact with New York State. [3] Is it just a coincidence that this agreement was made just two months after the 9 year long court case ended? Of course not! This compact took years of planning and preparation. This was the reward that was being leveraged by the Seneca Nation of Indians during the entire court case. This was the agreement that made the Grand Island land claim case go away.

 

In the 1990’s more than half of the population of the Seneca Nation of Indians opposed gambling. It was a small private interest group within the Seneca Party who saw an opportunity and launched the 1993 Grand Island land claim case. One person who saw it this way was Congressman John LaFalce, who publicly stated “To be sure, a certain number, in my judgment, did see an opportunity for gambling, because while the 1988 Indian Gaming Regulatory Act does prohibit casino gambling off reservation, it does permit certain narrow exceptions, i.e., if land is placed into trust as part of the settlement of a land claim. So, this group did bring a lawsuit in 1993 claiming title to all the land on Grand Island and a significant portion of the land in the City of Niagara Falls, hoping for a settlement permitting gambling. This was their “first bite” at the apple of their eye—casino gambling.” The settlement mentioned by LaFalce is the 1990 Seneca Settlement Act, which is a legitimate act that LaFalce co-sponsored, but which was exploited and misused by this private interest group within the Seneca Party.

 

Suspiciously, the article containing this quote by Congressman John LaFalce was recently deleted from the ArtVoice website recently. I was able to recover the article and prove its existence from the Internet Archive Way Back Machine. Frank Parlato is the owner of ArtVoice. I cited this article publicly January 25th, 2018 in an expose entitle “Seneca Evidence Doesn’t Add Up” with the Hype Magazine.

 

When I asked Mike Hudson, the founder of the Niagara Reporter, “When the 2002 verdict was decided, was it because the Senecas threw in the towel?”He responded “No. Obviously they won.” What he meant is that they were awarded the gaming compact as a result of the Grand Island Land Claim case. [4]

 

 

 

 

 

 

 

…but why was the ultimate evidence, that the treaty was signed by hostages and therefore fraudulent, withheld by the Seneca Party during the entire 9 year court case? Wouldn’t the Senecas want to reclaim the islands of the Niagara River?

 

Or could it be that the gaming compact is exactly what they were after, as Congressman LaFalce stated? Otherwise, why withhold the best evidence available? Surely they had this evidence, having sourced the exact same notes from Sir William Johnson where the evidence was found.

 

So who was controlling the Seneca Party during the 1993 - 2002 Grand Island Court Case?

 

PART 3: 43X79 GROUP

 

Summary: There once existed a group known as The Group of 18, or the Buffalo 18, in Buffalo, NY. Members of this group were also members of organized crime. Today their offshoot is called 43x79 Group and these millionaires and billionaires have profited heavily from the Buffalo Billions, one of them was convicted.

 

 

 

Successors to the Group of 18, this mysterious organization is named after the longitude and latitude of Buffalo. Notable members include:

 

Billionaire Jeremy Jacobs, owner of Delaware North Corporation and the Boston Bruins

 

Millionaire Mark Hamister, developer

 

Millionaire James Glynn, owner of the Maid of the Mist

 

Millionaire Louis P. Ciminelli, owner of Ciminelli Construction, convicted of bid-rigging in association with the Buffalo Billions Scandal

 

Millionaire Jordan Levy, President of 43North and controlling member of Seneca Holdings

 

Most of these names should be familiar to anyone living in Niagara Falls, NY who has paid attention over the years. Delaware North holds the concessions contract down at the state park; Including, yes, Goat Island and Three Sisters Islands which technically belong to the Seneca Nation of Indians.

 

Mark Hamister is owner of the brand new Hyatt Hotel. According to Thomas J. Prohaska of the Buffalo News: “The site was formerly owned by the city. In 2013, the City Council voted, 3-2, to sell it to Hamister for $100,000, after its members were pressured by Gov. Andrew M. Cuomo.” [5]

Hamister then sued the city of Niagara Falls in 2018 over a $4.55 million assessment.

 

 

 

 

 

 

 

Louis Ciminelli built the $45 million court house/police station and the Seneca Niagara Casino.

 

Jordan Levy controls the investment arm of both the Buffalo Billions and money earned from gaming in the Seneca Nation of Indians. He was called to testify against former State Assembly Speaker Sheldon Silver in 2015, Levy having helped Silver illegally move money into his own pockets.

 

[6] March 10th, 2019 I sent an expose to the Niagara Reporter, a tabloid owned by Frank Parlato, about Seneca Solutions; highlighted was the fact that Seneca Solutions (controlled by Seneca Holdings and 43x79 member Jordan Levy) is financing United States Defense Department contracts. Soon after emailing the Niagara Reporter, the website for Seneca Solutions was pulled down and redirected to the Seneca Holdings website, with all mention of these contracts omitted. The Internet Archive Wayback Machine has captured the website with the US Defense Department contracts listed right in public view. [7] Also noteworthy is that Jeremy Jacobs, another member of 43x79 Group, is an immigrant detention center profiteer.  [8]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Needless to say, members of 43x79 group have profited greatly off of Niagara Falls. They are also the top financial contributors to Governor Andrew Cuomo’s campaigns.

 

In 2013, the dispute that led to the amendment in the casino gaming compact, which New York State and the Seneca Nation of Indians are currently fighting over, happened because of a disagreement between SNI and a top member of the 43x79 group. [9]

 

Delaware North along with their partner New York State opened three racetrack casinos within the Seneca’s exclusivity zone. This represents a falling out between the Seneca Party and their financiers, the 43x79 Group. 

 

Due to this disagreement, two things happened: The currently disputed amendment was added to the gaming compact and New York State legalized gaming, both in 2013. [10]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

So then, how did we get here, to 2019, with a budget deficit and our current crisis?

 

First let’s take a look at the Seneca Nation of Indians…

 

Part 4: The Seneca Nation of Indians

 

Summary: The Seneca Nation of Indians was heavily influenced by the Group of 18 and 43x79 Group between 1993 and 2018.

 

The Seneca Nation of Indians formed in 1848 when a group of detractors broke away from their traditional government and formed a corporation, filing it with the United States government and specifically the state of New York. [11]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

For this reason, traditionalists and historians argue that the Seneca Nation of Indians, or SNI, is technically a corporate subsidiary of New York State to this day. Due to this fact, they are a pseudo-sovereign nation seeking to reclaim complete sovereignty by fighting the state.

 

There are three main Seneca Reservations: Allegany, Cattaragus and Tonawanda. Only the Tonawanda Reservation remains traditional and not under the power of the SNI corporation.

 

The Seneca Nation of Indians has been under one party rule for at least three decades. This party is called the Seneca Party. It has long since been exposed that their elections can be bought by bribing voters with money and/or drugs. [12]

Every two years, the Seneca Nation of Indians has an election for president. In order to balance out their government, the president alternates each cycle from the Allegany Reservation to the Cattaraugus Reservation. The President is the voice of the nation, but the tribal council makes the majority of decisions.

 

For three decades, the Seneca Party was heavily influenced, first by the Group of 18 and now by the 43x79 Group. In 2018, it was predicted that Moe John would become President, falling in line with the predicted cycle of elections. Instead, Ricky Armstrong won the presidency in an upset. This shows a change in their leadership, and a revolution against the influence of the 43x79 Group due to new information coming to light about their involvement in tribal politics.

 

Before we come to our current state of affairs in the city of Niagara Falls, let’s take a look at our history…

 

Part 5: The City of Niagara Falls

 

Summary: The City of Niagara Falls was incorporated in 1892 by Assemblyman Thomas V. Welch. It was created to support a scheme that made Welch and his colleagues filthy rich. This scheme, tied to the Niagara Reservation and the original power authority, is the historical precedent being exploited by corrupt businessmen and politicians today.

 

The City of Niagara Falls was originally the village of Manchester.

 

In 1883, after a decade long campaign by a group known as Free Niagara, the Niagara Reservation Act was passed into Law. This Act created a nature preserve on Goat Island, Three Sisters Islands and at Prospect Point.

 

Free Niagara was spearheaded by NYS Assemblyman Thomas V. Welch who used naturalist architect Frederick Law Olmsted as a mascot to convince the locals from the Village of Manchester that the Niagara Reservation was to be a nature preserve. At the time, the Porter family were using Goat Island for industry, running a paper mill, and they would charge exorbitant fees for locals to visit the waterfall.

 

Free Niagara promised free access to the waterfall, no industry and no commercialization. That is not what happened.

 

The ulterior motive for controlling the land bordering the waterfall was to have an exclusive monopoly over the power of the falls. Ergo, hydroelectricity.

 

Banker J.P. Morgan swindled Nikola Tesla out of his blueprints for alternating current and historians have stated that, whosoever controlled the power of Niagara Falls at this time would control the entire East Coast.

 

Within one year of the creation of the Niagara Reservation, a group of businessmen formed the Niagara River Hydraulic Tunnel, Power and Sewer Company, and received a charter to divert water just above the reservation. This group included NYS Assemblyman Thomas V. Welch, noted on the company’s list of capital stock holders. One of the directors of the company was Charles Lanier, the treasurer of the Niagara Reservationists’ Niagara Falls Association. Another director of the power company was Edward Dean Adams, the Niagara Falls Association’s eighth member. Another member of Free Niagara, and Thomas Welch’s business partner, who became the Vice President of the power company was former state assemblyman Michael Ryan. The state surveyor and engineer who surveyed the land for the Niagara Reservation, Thomas Evershed, was listed as the power company’s engineer. [SOURCE: “Inventing Niagara: Beauty, Power and Lies” by Ginger Strand]

 

So there you have at least five members of Free Niagara, three of whom were state employees, who became filthy rich by securing the land known as the Niagara Reservation in order to monopolize the hydroelectricity created by the waterfall. Nobody could access the waterfall to produce hydroelectricity because in 1885, the state, using eminent domain, seized the Porters’ land for the Niagara Reservation. Almost immediately, Thomas V. Welch and company began siphoning money out of the Niagara Reservation through the Railway Commission.

 

In 1892, Thomas V. Welch penned the first city charter, incorporating the city of Niagara Falls, NY. The city was created as a result of the Niagara Reservation and as a means by which to house workers and visitors. 

 

Ever since then, historically, the state will dump money into the Niagara Reservation and back into their pockets. Their reasoning has always been that they are “creating a world class tourist destination” which will bring tourists into the city of Niagara Falls. Of course, every single person who has ever lived in Niagara Falls knows that this isn’t true. The tourists visit the park but they do not visit the city. This is the con. The Niagara Reservation allows rich businessmen to dump tax payer dollars into their own wallets, using the excuse that it will bring tourism into our city.

 

This scheme started with the members of Free Niagara (minus Frederick Law Olmsted who went crazy and died in a mental institution that he built), and this set a historical precedent for the actions we have been seeing in the state park for years.

 

Former Assemblyman and regional president of Empire state Development Sam Hoyt said it himself:

 

“But I will say, and the research and data will bare this out: He (governor Cuomo) has done more in terms of investing in this park….”

 

“…So tens of millions of dollars, I think it’s in excess of 75, 80 million dollars; have come directly from the state coffers to improve the property.”

 

This money comes from tax payer dollars. Yet this con is nothing new. History shows that whenever the city has needed state assistance, they have dumped tens of millions of dollars into the park for “repairs” and “upgrades” in an attempt to “help” the city. Did they really need to move the Tesla statue 50 feet? No. But they had to create receipts. How much money did that cost I wonder? Who did that contract go to?

 

During the late 1960’s and 1970’s, while residents were protesting and crying out for state assistance during the Love Canal crisis, the state denied their requests and ignored their cries. Instead, they spent $10 million clearing away ugly rocks from the base of the falls (1969).

 

In 1979, President Carter finally declared Love Canal a federal disaster area and began evacuating 950 families. At the same time, the state spent millions of dollars on “repairs” to Terrapin Point. Their excuse? A psychic made a prediction that a rockslide at Terrapin point would crush the Maid of the Mist while it was carrying a boat load of deaf children. 

 

Four years later with the help of the Corps of Engineers they once again reshaped Terrapin Point. 

 

This happened again in 2015.

 

Says Sam Hoyt: “So you were denied access to Terrapin Point. Why? Because millions of dollars were being invested to stabilize and improve that!”

 

He goes on to say that this was because of an article in New York Times which “trashed the state park and city of Niagara Falls.”

 

Hoyt then continues to say, “Now you say, ‘that’s not in the city’ well you know what? If you don’t have a high quality product in terms of the key magnet that brings people to this city, then you’re not going to see any spin-off development because people aren’t going to come, they’ll say it’s not worth it!”

 

Let’s be clear: The real draw to Niagara Falls is the waterfall, NOT the state park. Hoyt is making excuses for the exorbitant spending inside the state park, and trying to distract from the fact that the city is not getting any of the money from the Buffalo Billions. He is also justifying use of tens of millions of dollars, meant for economic aid to local municipalities, in the state park. He is saying that hundreds of millions of dollars must be spent in the state park in order to bring the city of Niagara Falls back to life.

 

This brings us to…

Part 6: The Buffalo Billion Scandal

 

Summary: The Buffalo Billion was an embezzling and money laundering scandal that shook Governor Cuomo’s administration. The 43x79 Group had their hands all over the Buffalo Billion. The Buffalo Billion was dumped into the Niagara Falls State Park, exploiting a historic precedent that still exists to this day.

 

Governor Cuomo first announced the Buffalo Billion in his 2012 “State of the State” address. The plan was to invest $1 billion in the Buffalo/Niagara region… [13]

…Well, now we all know that the plan was for a greedy group of politically connected businessmen to steal as much of the $1 billion in tax payer dollars as they could. This was broken wide open thanks to the work of the Investigative Post. [14]

According to the New York Post “Cuomo’s Buffalo Billion did generate a whole mountain of corruption.” In 2018, Cuomo’s top aide, Joe Percoco, was convicted of bribery and wire fraud. There were MILLIONS of pages of evidence against Percoco. Another key player in the Buffalo Billions Scandal, Alain Kaloyeros, was convicted in a corruption trial with other co-defendants in July 2018. Cuomo's former aide Todd Howe had already pleaded guilty to eight corruption charges relating to COR Development and LPCiminelli.

 

“A small group of densely interwoven figures linked to multiple projects and state entities has conceived, built and promoted most of the central Buffalo Billion initiatives, leading to accusations by some government watchdogs of conflicts of interest and questionable uses of state subsidies.” New York Times, May 25th, 2016.

 

In November 2013, the CEO of LPCiminelli, Louis P. Ciminelli, hosted a fundraiser for Cuomo three weeks before submitting his company's bid to the Buffalo Billion program. According to the New York Times: “… the state's request for proposals was worded in a way that appeared to exclude all bidders except the eventual winner, LPCiminelli. State officials later said that was the result of a "typographical error." LPCiminelli is a prominent builder in the city whose chief executive, Louis P. Ciminelli, has generously supported Mr. Cuomo: Mr. Ciminelli and his associates and relatives have given nearly $150,000 to his campaigns over the years. Ciminelli personally contributed $96,500 to Cuomo's gubernatorial campaigns.”

 

Ciminelli was indicted for bid-rigging for his role in the Buffalo Billions Scandal in September of 2016. He was convicted and sentenced to 28 months in prison, a slap on the wrist but someone had to catch heat.

 

Louis P. Ciminelli is a member of the 43x79 Group. He has been in trouble for his involvement with organized crime in a 1991 court case, and his father was implemented in organized crime in 1986. Both Louis P. Ciminelli and his father Frank were members of the Group of Eighteen (Buffalo 18).

 

Keep in mind Ciminelli built the Seneca Niagara Casino. In 2006, the Buffalo News listed Ciminelli as a profiteer in an article about Seneca “fronts.” Who was profiting off of these business “fronts” and who created them? Members of the 43x79 Group should be looked at closely.

 

Ciminelli is being investigated on another possible bid-rigging charge involving the Niagara County Community College Culinary Institute in downtown Niagara Falls. 

 

Former Niagara County Community College President Jim Klyczek negotiated contracts which are actively being investigated for bid-rigging. Klyczek retired amidst the investigation in 2017.

 

Former LP Ciminelli Vice President Kevin Schuler, currently under indictment for the buffalo billion scandal, was an active member of the NCCC board at the time the culinary deal went to his company. LP Ciminelli beat out eight other firms for the job – even though bidding documents show the firm submitted the highest of the eight bids.

 

The NCCC culinary institute is inside the old Rainbow Mall, just a stone’s throw from Mark Hamister’s Hyatt Hotel. Hamister is also part of the 43x79 Group. The area in which these two businesses sit is highly coveted and many outside developers have tried, and failed, to win contracts here. 43x79 has the monopoly.

 

So how do other members of 43x79 Group fit into the Buffalo Billions Scandal?

 

Well Jordan Levy, savvy banker who knows how to move money around, runs 43North, the investment arm of the Buffalo Billions. He also runs Seneca Holdings, the investment arm of the casino revenue from the Seneca Nation of Indians. 

 

 

 

 

 

 

 

 

 

 

 

According to the Buffalo News article on Seneca “fronts”

 

“A Seneca preference law authorizing the contracts -- the Tribal Employment Rights Ordinance -- gives cost advantages to Indian owned or joint-venture companies with at least 51 percent Seneca ownership. The bid advantage ranges from 10 percent on contracts less than $100,000 to one percent for those more than $7 million.

 

But that 1993 law, set up to help Senecas eventually start their own companies, forbids the practice of companies seeking out Senecas purely to gain Indian business. The joint venture companies have to be at least 51 percent Indian-owned, and when they dissolve, the assets are to go to the Indian owners.”

 

1993 the year that the law was enacted, the Seneca Nation of Indians sued New York State for Grand Island. Meaning that the same people in power within the Seneca Party and those who financed and controlled them established this law.

 

Another member of the Buffalo 18, now called 43x79 Group, is James Glynn, owner of the Maid of the Mist, which received $35 million from the Buffalo Billions for “winter storage and maintenance facilities” including the creation of the elevator systems. The new boat docks for the Maid of the Mist were built by Ciminelli and investigated by the FBI for bid-rigging, but no foul play was reported.

 

A quick look at Empire State Development’s “Buffalo Niagara’s Strategic Plan for Prosperity” Buffalo Billion: Phase 2, page 105 - 115 [15-26] shows that the Buffalo Billions is to be spent all over the area in businesses owned and controlled by members of the 43x79 Group.

 

In a very real sense, the Strategic Land Acquisition Plan is a play by the state and 43x79 Group to acquire prime property bordering the state park; and in so doing they will encroach upon the city and extend the limitations of the park. No local business will be able to compete with the megalithic 43x79 Group, their endless resources and state backing.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Part 7: Dyster, Cuomo and the former Seneca Party

 

Summary: The full spectrum of how our budget deficit was manufactured in order for private interests to control the city of Niagara Falls, NY.

 

In 2007, a new license for the New York Power Authority cut our city out almost completely. At one point, NYPA contributed 40% of our city’s budget. It should be noted that NYPA has a black budget and attempts to FOIL budget information by investigative journalists have come up short.

 

Mayor Paul Dyster, who is widely known to do nothing without the authorization by Governor Andrew Cuomo, not only squandered a $220 million windfall in casino money, but also balanced our city’s budget with said money.

 

Dyster spent this money the same way Richard Pryor spent his millions in the hit comedy film “Brewster’s Millions,” except that “Dyster’s Millions” resulted in a reward for his shadowy benefactors: 43x79 Group. Not only did they enjoy several multi-million dollar contracts such as the $45 million court house and the $43 million train station, but they are now reaping the benefits of our city’s demise.

 

Dyster will not act without Cuomo’s consent. He did not choose to balance our city’s budget all on his own. If Cuomo had advised Dyster not to do this, Dyster would not have done it. Who is behind Cuomo? 43x79 Group.

 

Why did Dyster balance the city budget with casino money?

 

Keep in mind that traditionalists argue that the Seneca Nation of Indians, formed as a corporation in 1848, is technically a corporate subsidiary of New York State.

 

Also keep in mind that the Seneca Party was influenced by the Group of 18 and 43x79 Group for nearly three decades, up to 2018 when they were exposed and overthrown by majority. All that you must do is look at the public actions of SNI, who served contracts to members of 43x79 Group, and their business relationships with said members, to see this story unfolding right in front of our eyes.

 

The 43x79 controlled Seneca Party stopped payments to the state and consequently to the city of Niagara Falls for a second time in March of 2017.

 

When this happened, it created the budget deficit.

 

43x79 Group, through Cuomo, balanced our city budget with casino money. Then the 43x79 influenced Seneca Party stopped the flow of casino money to the city.

 

Why?

 

One must only look at the cover page of Buffalo’s control board to find the answer. [27]

 

 

 

 

 

 

Buffalo’s economy was also crippled, and a state run control board was installed. But is it really a state run control board? If so, then why is a private interest group, comprised of billionaires and millionaires who own almost all of the best property in Buffalo and Niagara Falls, named on the front cover of the control board? It’s because 43x79 Group designed and implemented this control board, just as they will do in the city of Niagara Falls. [Side note: There is a book called “Power Failure: Politics, Patronage, and the Economic Future of Buffalo, New York” written by Diana Dillaway which chronicles the Buffalo 18 and their rise to power, resulting in the control board]

 

43x79 Group no longer wishes to deal with the mayor or the city council. They want totalitarian control of the city and all of its resources. Will they build? Yes. They will build and they will reap the profits, just as they have in the past. They will shut out outside developers who truly want to build up our city, just as they have done through their control of the governor and mayor for a long time now. They no longer want to pull strings to make this happen. They want direct control.

 

Consider this: Governor Andrew Cuomo openly endorsed two city council candidates, Kristen Grandinetti and Andy Touma, during their campaign runs several times. Cuomo put up a billboard, sent money, resources and people to support their campaigns. In how many municipalities, how many cities, in the state of New York, do you think the governor gets actively involved in their city council elections? [28]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The city council is meant to be a means of checks and balances so that it is guaranteed that the people have a voice. Keep in mind that Thomas Prohaska with the Buffalo News reported that Governor Andrew Cuomo PRESSURED the Niagara Falls City Council into selling Mark Hamister the Hotel Niagara.

 

Take away real representatives of the people and replace them with rubber stamps doing the states bidding, control the mayor, and you have a monopoly.

Part 8: Reclaiming Niagara

 

In 2013, Empire State Development hired Scot Lawn Yard of Lewiston to illegally move large stones from Celinda Eliza, the third of Three Sisters Islands. [29]

 

These stones belonged to the Niagara Reservation and even more importantly, to a sacred site of Seneca and Haudenosaunee worship. Keep in mind that the island of Celinda Eliza was the resting place of the most revered members of their tribe. Their bodies were dug up in the 1800’s by New York State. Offerings were made on this island to Hino, the Chief Thunder God who lived behind the falls. This was done because the island of Celinda Eliza is the closest one can possibly get to the Great Falls, now called the Horseshoe Falls. Expert Niagara Falls Historian Paul Gromosiak confirmed these facts in his final testimony which I recorded September 11th, 2017.

 

When Empire State Development authorized the moving of the stones, they checked off “Cultural/Heritage” on their report. [30] Clearly they did not do their research, nor did they bother to consult the Seneca Nation of Indians before moving the stones.

 

 

 

 

 

 

 

 

 

 

Sam Hoyt confirmed that the stones were moved when I asked him about it publicly. He stated “It was done as a part of the park improvement, I’m sure…”

 

Unless Empire State Development plans on moving these stones back to their rightful place, they’re screwed. Even if they knew where the stones were, assuming they are in a member of 43x79’s backyard and not crushed to gravel, they’d never be able to prove that they were the same stones from Celinda Eliza.

 

So that presents the case for the Seneca Nation of Indians to take immediate and direct action against the state. What about the city of Niagara Falls?

 

Moving these stones is a direct violation of the Niagara Reservation Act of 1883, also called Olmsted’s Law. [31]

 

 

 

 

 

 

 

 

 

 

 

 

The Niagara Reservation Act of 1883 created the Niagara Reservation. The Act states that the Niagara Reservation is a nature preserve. 

 

Paul Gromosiak defined a reservation as a place of preservation, and a state park as a place of recreation.

 

On all of their websites, the Niagara Falls State Park and the NYS Office of Parks, Recreation and Historic Preservation state that the state park was created in 1885 and is thus the oldest state park in the country.

 

This is simply not true.

 

Even the brand new stone wall constructed at the entrance of the state park says EST. 1885.

 

1885 is when the Niagara Appropriations Bill was passed. [32] This was the bill of sale for the lands, procured by the state through eminent domain. This bill says nothing of the specifications of creation of the Niagara Reservation. Nor does it mention the state park. In fact, the Niagara Falls State Park did not exist until sometime in the 1960’s, with the creation of the New York State Office of Parks, Recreation and Historic Preservation. I guess they should take “historic preservation” out of their name…

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Sometimes they even call it the Niagara Reservation State Park, which is an oxymoron. The two entities cannot be combined.

 

The Niagara Reservation still exists today, UNDERNEATH the Niagara Falls State Park.

 

The Niagara Falls State Park is illegally occupying the Niagara Reservation. 

 

In all of their work orders and construction plans, Empire State Development makes sure to carefully consider the outlines put forth by Frederick Law Olmsted for the Niagara Reservation. They list these specifications all over their plans yet in actuality the Niagara Falls State Park is a disfigurement of Olmsted’s Reservation. [33]

 

Why do they uphold the Reservation outlines?

 

Due to the association with Frederick Law Olmsted, who also created the Yosemite National Park and Central Park in New York City, the Niagara Reservation is listed on the national historic registry. This comes with all sorts of financial and marketing perks. 

 

In 1990, with the construction of Delaware North’s Top of the Falls Restaurant on Goat Island, Senator Moynihan publicly exclaimed that Olmsted’s Reservation was now permanently disfigured. [34] His crusade ended as quickly as it began, and he suddenly fell silent.

 

 

 

 

 

 

 

 

 

 

 

 

 

Today, the parking lots, tourist attractions, railings, roads, and statues are all in direct violation of Olmsted’s guidelines and the 1883 Act.

 

So then why doesn’t the Buffalo Olmsted Parks Conservancy say anything about this?

 

Well on January 21st, 2017, after I spoke out against the proposed Delaware North run lodge on Goat Island, I started a petition that caught on locally like wildfire. I was interviewed by Spectrum news and very soon a city resolution was drafted and proposed. 

 

This would have been the best opportunity for the Buffalo Olmsted Parks Conservancy to voice their disdain for this grand resort lodge which is CLEARLY in violation of Olmsted’s guidelines.

 

The city resolution that was drafted and proposed to ban the lodge on Goat Island was passed on February 21st, 2017.[35] Just one month after I made my public speech and started the petition. On February 9th, not even two weeks prior to the city resolution, Delaware North suddenly gifted Buffalo Olmsted Parks Conservancy a $300,000 donation. [36] It should also be noted that Kevin Kelly, the Vice President of Travel for Delaware North, was also a seated executive board member for the Buffalo Olmsted Parks Conservancy at the time. [37] This should be a conflict of interest since conservation and concessions do not really go hand in hand. Also, billionaire and 43x79 member (and owner of Delaware North Jeremy Jacobs) lives on an Olmsted estate, has won an Olmsted award, and sued the United States government over termination of his trademark contract with Yosemite National Park, an Olmsted park. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Keep in mind Delaware North has the concessions contract within the Niagara Falls State Park until 2021, a contract which by its very nature is a direct violation of the 1883 Olmsted’s Law. This was the biggest donation the Buffalo Olmsted Parks Conservancy had ever received. They made no comment whatsoever on the proposed Goat Island lodge.

 

 

During the council meeting in which hundreds of locals gathered and spoke out in protest of the lodge, former Councilwoman Kristen Grandinetti made an announcement: She said she’d received a text message from a Cuomo aide (Sam Hoyt), saying that the state was going to consider other locations for the lodge. She also suggested that the vote on the resolution banning the lodge should be tabled (and not voted upon). The other council members denied the request to table the resolution due to overwhelming community support, and it passed unanimously.

 

Of this, Grandinetti said "I wanted to table it and re-write it so that it could include looking at other properties and also making sure that we have public opinion.”

 

The same night, another resolution was to be voted on. A county resolution that was also meant to ban the Goat Island lodge. Except that resolution WAS tabled.

 

According to the Buffalo News, County Legislature Dennis Virtuoso, being truthful, stated publicly that the action of the county resolution being tabled was because of a message he received from Sam Hoyt. The same message that Kristen Grandinetti received.

 

Said Virtuoso: “I received a phone call from Sam Hoyt and he asked me to take the resolution off the agenda. I said we wouldn’t do it because we didn’t want the lodge on Goat Island. He said ‘Goat Island’s off the table. We’re considering other sites. We’re going to do an RFP and we’re going to have public input.”

 

Sam Hoyt claimed that he never said those words. He said, “It may have been misinterpreted in translation.”

 

So basically Hoyt called County Legislator Dennis Virtuoso a liar. To Virtuoso’s credit, he fired back, “I want to see it on private property. That way it’ll pay taxes.” The County resolution was passed at the next legislator meeting, since they tabled it instead of removing it altogether like Hoyt wanted.

 

Hoyt soon resigned amidst the second sex scandal of his career with the state.

 

My name was left out of the news in association with the major win against the Goat Island lodge once the resolutions passed… but not prior. I received no credit or recognition for my efforts, nor did I want it. This one was for the people. The people came together and stopped this dreaded lodge. I just started the fire.

 

So why was Hoyt, acting on behalf of Governor Cuomo, so shook by a city resolution?

 

Some people will say that our city has no jurisdiction whatsoever over the state park. They will and have said that city resolutions regarding the state park are solely symbolic and carry no legal weight. However, the movement of the people and the attention that we brought to the Goat Island lodge proposal scared Sam Hoyt, it scared Governor Cuomo and it scared 43x79 Group.

 

They did not want attention put on the violation of the 1883 Niagara Reservation Act, Olmsted’s Law.

 

I have compiled a list of violations to the 1883 Law. [33] These violations are found on the state’s work orders, construction plans and in plain site for anyone who knows the Law.

 

We can rally historians, preservationists and concerned citizens to have Frederick Law Olmsted’s name removed forever from the Niagara Falls State Park. 

 

This would have the park removed from the national historic registry, since it’s status is determined by the affiliation to Olmsted.

 

Removing the state park from the national historic registry would constitute gross negligence on behalf of New York State. It would show that they are unfit to have stewardship of the park.

 

At the same time, the Seneca Nation of Indians can fight the desecration of a sacred site of worship for their ancestors. Both of these arguments can be centered around the removal of the stones, which the state cannot put back.

 

Those stones stood on the island of Celinda Eliza for 12,000 years, put there by the river during the thawing of the last ice age. They certainly fall underneath Olmsted’s Law.

 

When I was seeking the 1883 Niagara Reservation Act in the Niagara Falls Public Library, the librarian went to retrieve it in the local history section. This section is closed to the public and under lock and key.

 

When she returned, she brought me the 1885 Niagara Appropriations Bill. She told me that, something weird had transpired: She had discovered through her communication with her superiors that the library’s copy of the 1883 Niagara Reservation Act had somehow been stolen from the local history section. She also said “look at this, someone ripped off the top portion of this page of the 1885 Niagara Appropriations Bill.” The portion that was ripped off was the portion that mentioned the preservation of the land for all time.

Another copy of the 1883 Olmsted’s Law was destroyed in a fire.

 

This was not an easy document to obtain. This document is the legacy and birthright of the people of the city of Niagara Falls, NY. It’s the Law.

 

We can use this document to prove that the Niagara Falls State Park is illegally occupying the Niagara Reservation.

PART 9: Restaino Regime

Just three days after Robert Restaino wins the Niagara Falls mayoral election, federal court rules that the Seneca Nation of Indians must continue payments to New York State. Another federal court case withheld, this time until it was guaranteed that Restaino won the election. Restaino was openly endorsed by The Buffalo News, with 43x79 member Warren T. Colville's name at the top of the endorsement.

Articles: 

Historical documents |

ESD Work Orders |

Niagara Reservation

Gaming Compact 

Amendment

Grand Island

Land Claim

Courtroom Proceedings

Gaming Compact

Original

In Part 6 I mention Kevin Schuler who was convicted of corruption with his involvement in the Buffalo Billion Scandal. December 6th, 2019: Investigative journalist Phil Gambini with The Investigative Post reported that Schuler was the top candidate for the $79,000/year salary position of Niagara County Spokesperson. This position makes him the PR face of the Niagara County Legislature, and the County Republican Party were more than thrilled to have him on board the team, despite the fact that he is currently serving his sentence as a convicted felon. Schuler was awarded the position by majority vote on Tuesday, December 10th, 2019.
  • The author of this site is not liable for damages arising from any false, inaccurate or incomplete information this blog; as well as any damages which may arise from general information on this blog. All information includes evidence, testimonies, screenshots, articles, historical facts and legal documents. Most of this information was researched and  sourced by the author and is available to the general public. The opinions of the author do not reflect the opinions of any person or persons mentioned on this blog.