State of Alabama’s Expert on Class II Bingo Formerly Consulted for NIGC and Worked for Many Indian Tribes

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As reported on Indianz and Pechanga the last few days, the State of Alabama’s retained expert, D. Robert Sertell,  on technical gaming issues took issue with the NIGC’s determination that Poarch Band of Creek Indians gaming operations are legal. Here’s a quote from a news article titled “FBI could raid Alabama’s Indian casinos, says gambling expert,” that quotes Sertell extensively:

Sertell visited Poarch Creek gaming operations and concluded in a 2004 report that their machines did not qualify as Class II gaming and were therefore illegal.

In a telephone interview this month, Sertell questioned the competence and integrity of the national commission, saying Stevens’ letter “ignores federal law so hard, it’s almost laughable.”

“NIGC’s executives are all members of Indian tribes,” he said of the commission. “This is Indians regulating Indians.”

In addition to not wanting to “alienate their Indian relatives and friends,” the agency is also inclined to ignore illegal gambling operations because increased Indian gambling revenue means more funding for the commission, Sertell said.

As Sertel’s CV (Sertell CV, not sure how old this is) notes, he has worked for many, many Indian tribes on technical issues. He even wrote an expert report for Shingle Springs Miwok years ago (Shingle Springs Declaration). Also, he consulted with the NIGC from 1998-2001, during a period of time in which NIGC’s position was that virtually all electronic bingo should be classified as Class III, a position rejected by two federal circuits (Tenth Circuit and Eighth Circuit).

One thought on “State of Alabama’s Expert on Class II Bingo Formerly Consulted for NIGC and Worked for Many Indian Tribes”

  1. Gary April 26, 2011 / 12:59 pm

    Well the rejection of the NIGC’s position by the 10th and the 8th circuit is the whole point. Mr Sertell position, and the NIGC’s was proven incorrect by those decisions as well as quite a few others.
    It also speaks to the fact the NIGC is actually very conservative in their position in regulating their Native American brothers and sisters since the NIGC prohibited ebingo machines and it was not until court decisions came down that literally forced the NIGC to concede. So to say the NIGC cuts any slack or ignores issues or activities is laughable.
    One of the last times the Feds raided was Ft McDowell, check the record Mr Sertell, how did that work out?
    Thank you

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