United States v. Hunter, No. 06-565 (N.D. Cal.), is an unusual case. In 2001, it appears that the National Indian Gaming Commission investigated the improper expenditure of Indian gaming revenues by tribal council members at Coyote Valley Band of Pomo Indians. They reached a settlement and consent decree (attached as Exh. A to Deft. Crabtree’s Motion to Dismiss below).
In short, tribal council members allegedly continued their bad behavior — using gaming revenues to buy first class plane tickets, donate to political causes, and other uses. The US then brought a criminal case, alleging violation of IGRA (as a criminal matter) when these council members (Hunter et al.) spent gaming revenues on political causes and first class tickets.
What?!?!
I can think of a few things wrong with this story. First, IGRA’s limitation on how gaming revenues can be spent is not enforceable under any US criminal law. And if it were, every gaming tribe that has spent money on political contributions would be committing a criminal act (according to the government’s theory). The First Amendment stands as an obvious barrier to this theory. And, as the DCT pointed out, NIGC chairman Philip Hogen just testified that tribes have every right to use gaming money for political causes. How embarrasing!
Second, what the heck is the government doing going after tribal council members for traveling in luxury? That’s an internal political matter and none of the government’s business.
Anyway, the DCT dismissed most of the charges and granted motions for a bill of particulars on the rest. Here are the materials:
Hunter Motion for Bill of Particulars
Turtle Talk 
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