gaming

Federal Court Dismisses Effort by Wells Fargo to Take Over LDF’s Lake of the Torches EDC

Matthew L.M. Fletcher3 Comments

Pretty incredible case. Wells Fargo, alleging financial improprieties by the EDC relating to an indentured trust, sought an order from the court appointing a receiver for the EDC. The EDC defended on grounds of sovereign immunity and that the trust had not been approved by the NIGC, apparently prevailing on the latter theory.

Here are the materials (the court has promised a written opinion “in due course”):

Wells Fargo Motion to Appoint Receiver

LDF Opposition to Motion to Appoint Receiver

Wells Fargo Reply re Motion to Appoint Receiver

Wells Fargo Supplemental Brief re Motion to Appoint Receiver

LDF Supplemental Response

Washburn Affidavit

Order of Dismissal LDF

Texas Kickapoo Embezzlement Convictions Reversed by Fifth Circuit

Matthew L.M. Fletcher

Here is the opinion in United States v. Garza, and a news article (via Pechanga) on the case.

Another Mario Gonzales sighting!

NYTs Editorial on the Shinnecock Recognition

Matthew L.M. Fletcher

Pathetic. Rank hypocrisy, at the very least.

From the NYTs:

More than 200 years late — 31 if you count from the tribe’s petition — the federal government has acknowledged that the Shinnecocks of Southampton, Long Island, are an Indian tribe. Settling that question raises new ones. The Shinnecocks will almost certainly try to build a casino — they have been lobbying as hard for one as they have for recognition — but how big, and where?

The “where” is an especially interesting question. Casinos are usually built on reservation land. The Shinnecocks live on the East End of Long Island, a national depository of wealth, privilege and privacy. When the tribe jumped the gun a few years back and bulldozed part of its property for a bingo hall, the not-in-my-backyard opposition erupting from the dunes and privet hedges was ferocious. And that was just a skirmish.

That is probably why the Shinnecocks are exploring other sites in Suffolk County, at two New York racetracks and in the Catskills. But building an off-reservation casino is itself fraught with uncertainty and regulatory hurdles. The tribe could end up spending many years and lots of money chasing something that is a guaranteed winner only for lobbyists and consultants.

Casinos are also a magnet for tainted money and a handmaiden to addiction, crime and other social ills. That is why we would urge the tribe to spend its energy on finding other ways to leverage its valuable real estate.

A casino is, after all, only a means to an end — to economic vitality, greater respect, a better future for the tribe’s 1,000 members. The Shinnecocks are now in a much better position to pursue that dream. Lack of federal status did more than hamper the tribe’s quest for gambling riches. It also denied it access to federal programs for housing, health care and education.

The Shinnecocks have a long, proud history of self- governance, and advantages that poorer, more remote tribes can only dream of: geography, bargaining power and the support of state officials including Gov. David Paterson, who endorsed their quest for recognition. The good news on recognition would be even better if the tribe could foresee a future apart from slots and dice.

Shooting at Barona Band Gaming Commission

Matthew L.M. Fletcher

From the San Diego Union-Tribune via Pechanga:

LAKESIDE — A Barona Gaming Commission employee who was fired last month walked into a commission office armed with a shotgun Tuesday morning and shot and killed a manager, then turned the gun on himself, authorities said.

San Diego County Sheriff Bill Gore identified the shooter in the murder-suicide as Donnell Roberts, 38, of El Cajon. He worked as an investigator for the commission before he was terminated in November.

Roberts’ ex-wife, Maria Small of Racine, Wis., said Roberts was a former Marine who was discharged from the service in 1994 after serving in the Gulf War. She described him as a man who was sometimes violent and “always angry.”

The name of the victim was not immediately released.

The bodies of both men were found about 2:30 p.m. inside the manager’s office, Gore said. Continue reading →

Slot Machine Distributor Loses Contract Claims against Slot Machine Manufacturer

Matthew L.M. Fletcher

Slow news day….

Tribal Consortium v Pierson

An excerpt:

The case originally involved two written contracts between Plaintiff and Vision, entitled “Vision Gaming & Technology, Inc. Distribution Agreement for Oklahoma” and “Vision Gaming & Technology Inc. Participation Agreement.” The Distribution Agreement appointed Plaintiff as Vision’s exclusive distributor for the sale of its gaming products in Oklahoma. The Participation Agreement authorized Plaintiff to place gaming devices owned by Vision in gaming facilities operated by Native American tribes in Oklahoma and to obtain contracts with the tribes that would provide for Plaintiff and Vision to share a percentage of the revenue generated by the operation of those devices. The Distribution Agreement contained an arbitration clause, which has now been enforced by a federal district court in Georgia. Plaintiff, Pierson and Vision were ordered “to submit to arbitration all issues arising under the Distribution Agreement.” See Vision Gaming & Tech., Inc. v. Tribal Consortium, Inc., Civil Action No. 1:06-CV-2267-RWS, Order at 13 (N.D. Ga. Feb. 8, 2007). Thus, all claims relating to the Distribution Agreement are subject to arbitration and cannot be litigated in this case. The federal court in Georgia ruled, however, that “issues arising under the Participation Agreement are not subject to arbitration.” Id.

Bottom line — plaintiff loses.

Fort Independence Survives Summary Judgment in IGRA Good Faith Suit

Matthew L.M. Fletcher

Here are the materials in Fort Independence Indian Community v. California (E.D. Cal.):

California Motion for Summary J

Fort Independence Motion for Summary J

California Response Brief

Fort Independence Response Brief

California Reply Brief

Fort Independence Reply Brief

Fort Independence DCT Opinion

An excerpt, listing the issues decided and the remaining issue:

The court grants summary adjudication as to the following issues:
* The State’s proposal comport with 25 U.S.C. section 2710(d)(3)(C)
* Forfeiture of the right to receive RSTF payments is not a tax, fee, charge, or assessment.
* The offer of permission to conduct Class III gaming is not a “concession.”
* The offer of exclusivity is a concession.
A material question exists as to whether the concession of exclusivity is meaningful. The matter will proceed for resolution of this issue.

Harris v. Sycuan Band Claim Dismissed a Third and Final Time

Matthew L.M. Fletcher

Here is that opinion — Harris DCT Order

The two earlier dismissals are here and here.

An excerpt:

On November 26, 2004, Harris was a patron of the Sycuan Casino, a gaming establishment owned and operated by Defendant Sycuan. “At that place and time, plaintiff suffered serious physical injury occasioned by the assaultive conduct of an employee of defendant….” (SAC P 5). “[A]ll claims for damages for physical injuries against defendant … were governed by a ‘Tort Claims Ordinance’ duly enacted by defendant … in June 2004.” (SAC P 6). On March 9, 2005, Harris filed a claim under the Ordinance, and on December 5, 2005, “the Sycuan Gaming Commission certified plaintiff’s claim for processing on the merits, pursuant to Section XI of the Ordinance.” (SAC P 7). After Harris’s claim was denied by the Sycuan Gaming Commission, “Plaintiff duly appealed the substantive denial of her claim pursuant to Section XII(G) of the ordinance, which provides that an appeal from a substantive denial is to be heard by an arbitrator selected by the Sycuan Gaming Commission. The Gaming Commission selected Hon. Gerald Lewis, retired appellate justice, as the arbitrator for plaintiff’s claim…. On September 30, 2008, Judge Lewis issued his decision and award of arbitrator, awarding plaintiff the sum of $ 160,000.”

* * *

The Court concludes that the allegations in the SAC related to the “duty of good faith in the implementation” of the IGRA, the Compact and the Ordinance, are insufficient to confer federal question jurisdiction. In the alternative, the Court concludes that this claim fails to state a claim for relief.

Ninth Circuit Declines Jurisdiction over Pechanga Disenrollments

Matthew L.M. Fletcher3 Comments

Here is the opinion in Jeffredo v. Macarro. There was a dissent (by a district court judge sitting by designation), however, which seemed to focus on the apparent “greed” of the Pechanga people in disenrolling tribal members.

Here are the briefs:

Jeffredo Opening Brief

Macarro Answering Brief

Jeffredo Reply Brief

An excerpt from the majority: Continue reading →

N. Carolina Appellate Court Upholds Poker Ban, Eastern Band Cherokee Gaming Compact

Matthew L.M. Fletcher2 Comments

Here is the opinion in McCracken and Amick v. Perdue. News coverage here, via Pechanga.

An excerpt:

The State appeals from the trial court’s order entering judgment in favor of plaintiffs McCracken and Amick, Incorporated,doing business as The New Vemco Music Co., and its principal owner, Ralph Amick, on their claim that the State is not permitted under federal Indian gaming law to grant the Eastern Band of Cherokee Indians of North Carolina (“the Tribe”) exclusive rights to conduct certain gaming on tribal land while prohibiting it throughout the rest of the State. We conclude, however, that state law providing the Tribe with exclusive gaming rights does not violate federal Indian gaming law. Consequently, we reverse the trial court’s order.
The state’s briefs are here (as well as the trial court opinion). Other briefs:

Bomb Threat at Soaring Eagle Casino

Matthew L.M. Fletcher1 Comment

From TV via Pechanga:

MT. PLEASANT — Employees head back to work at the Soaring Eagle Casino and Resort in Mt. Pleasant after a bomb threat Wednesday afternoon. It was like any other day at the casino  until a call came in that turned the resort upside down. “The Saginaw Chippewa Tribal Police Department at approximately 1:30 this afternoon received a bomb threat,” said Public Relations Director Frank Cloutier.

Six other law enforcement agencies were called and within minutes the resort was swarming with police ready to shut the area down.

Casino player Kim Jones drove an hour to get to the casino when she was turned away. “Yes we were coming here to the casino and we got up here and we saw all the police cars…a friend…was here earlier and was playing a slot and the (police) come in and told them they all have to leave,” said Jones.

“We had a bomb threat and they evacuated us very professionally and we’re dealing with it the best we can,” said evacuee Randy Thompson.

Frank Cloutier said the bomb scare was unlike any evacuation he’s ever seen. “We haven’t had an impact on the property to this magnitude,” Cloutier said.

The search continued for over six hours but no evidence of a bomb turned up.  Kim Jones said she was cashing in on her own theory about what took place.”Because I think somebody just lost and was upset and it doesn’t surprise me,” said Jones.

Continue reading →