Anne's Arts & Activities Blog

Two residents of the Cattaraugus Indian Reservation are facing charges for allegedly lying to FBI agents in an investigation about ties placed on railroad tracks in early July. 44-year-old Christine Seneca and 48-year-old James Phillips pleaded not guilty to making false statements to authorities, and hindering communication between law enforcement relating to a federal offense. According to the criminal complaint, Seneca and Phillips had been at a party with four men who are considered persons of interest in the case. The complaint says Seneca and Phillips lied to investigators about who was at the party. They also allegedly tried to convince another person who had attended the party to lie about the four men being there. Police believe the crime is related to the PACT Act, which prevents sending tobacco products through the mail. A sign reading “No Mail – No Rail” was found near the tracks.

A federal judge in Buffalo issued a mixed decision in response to a request by Seneca Nation business owners regarding the PACT Act. Judge Richard Arcara’s ruling says Senecas in the mail-order cigarette business will have to comply with some provisions of the new federal law, but not all of them. The ruling temporarily exempts the businesses from the part of the law that requires sellers to comply with state and local taxing laws, but a provision prohibiting them from shipping cigarettes through the mail can be enforced. This will be in effect as the business owners continue to challenge the constitutionality of the law.

The FBI has doubled the reward for information leading to the arrest and conviction of whoever attempted to derail an Amtrak train July 5. The reward now stands at $20,000. On the morning of July 5, an Amtrak passenger train hit a pair of railroad ties deliberately placed on CSX railroad tracks on the Cattaraugus Indian Reservation about 200 yards from the Cattaraugus Creek railroad bridge. No passengers or crew members were injured in the incident, but it launched a federal investigation into whether it was related to a new federal law prohibiting mail order cigarette sales (The PACT Act). Signs were found near the tracs that said “No Mail – No Rail.”

The FBI is now offering a $10,000 reward for information leading to the arrest and conviction of those responsible for an act of vandalism on the CSX railroad tracks which run through the Cattaraugus Indian Reservation. Two railroad ties were placed across the tracks sometime before 8:45 Monday morning, about 200 yards from a bridge spanning Cattaraugus Creek. The Amtrak passenger train hit the ties, which flew up and damage its air lines. The train stayed on the tracks and no one was hurt. Authorities believe the incident may be linked to an ongoing dispute over the sale of mail order cigarettes because signs reading “No Mail – No Rail” were placed near the scene. The signs have since been removed by order of Seneca Nation President Barry Snyder, who issued a statement that said the Senecas would never condone putting innocent workers and passengers in danger as a result of differences of opinion over the PACT Act.

Seneca Nation of Indians President Barry E. Snyder, Sr., today expressed anger and disappointment over recent incident where railroad ties were purposely placed on CSX railroad tracks near the Cattaraugus Creek Railroad Bridge, resulting in damage to an Amtrak passenger train. “This was an extremely irresponsible and dangerous act that could have resulted in harm to Amtrak passengers and crew members, and other railroad personnel who utilize this rail corridor,” President Snyder said in a news release. “While the Seneca Nation is at odds with the federal government over the PACT Act and the State of New York regarding planned collection of sales tax on cigarettes, we would never condone putting innocent railroad workers and passengers in danger as a result of those differences of opinion.” On July 5, an Amtrak train sustained damage to its air lines when it struck railroad ties lying across the tracks approximately 200 yards east of the Cattaraugus Creek Bridge. There were no injuries ...

An Amtrak passenger train hit railroad ties that had been placed on the tracks on the Seneca Nation’s Cattaraugus Reservation in Irving. State police say there are signs on the reservation saying "No Mail-No Rail," in reference to the PACT Act, that prohibits cigarette sellers from shipping tobacco products through the mail. A federal judge is allowing 140 Seneca Indian-owned businesses to ignore the law until at least the end of the month as they challenge it in federal court. As for Monday's incident on the railroad tracks, troopers say no one was hurt when the train splintered the ties, but the train’s air lines were damaged.

Seneca Indian Nation cigarette sellers can send mail orders in New York, while a federal judge in Buffalo considers whether a law banning the practice is unconstitutional. On Wednesday, U.S. District Judge Richard Arcara extended a temporary restraining order that allows 141 members of the Seneca Free Trade Association and another Seneca businessman to continue to operate without having to comply with the "PACT" Act. The Senecas can continue shipping cigarettes in the mail until July 30.

Chalk one up for the Senecas. A federal judge has granted a 14-day restraining order that allows the Seneca Smokshop to keep selling mail order cigarettes. The Prevent All Cigarette Trafficking – or PACT Act – was passed by Congress and signed by the president earlier this year. It goes into effect on Thursday. Red Earth, the corporation that runs the Seneca Smokeshop, successfully argued that the PACT Act would irreparably harm their business, and also that aspects of the Act violate the U.S. Constitution. The Senecas and the U.S. government have been ordered to appear in Federal Court in Buffalo for a hearing next Wednesday.

Synergy Business Managment in Salamanca has filed a notice with the state labor department, saying it will lay off an undertermined number of workers effective June 30. The company, which employs 130 people, cited the PACT Act for the layoffs. If signed by President Obama, the PACT Act would prohibit the US Postal Service from delivering tobacco products ordered over the Internet. Synergy Business Management is not affiliated with the Seneca Nation of Indians, but Seneca leaders have said the PACT Act would result in the loss of about 1,000 jobs in Western New York.