gaming

Article on Soo Tribe’s Future Post-Greektown

Matthew L.M. Fletcher2 Comments

From the Detroit News:
That’s the simple question, with complicated answers, facing the Sault Tribe of Chippewa as it decides what to do about Greektown Casino-Hotel.

The bankrupt Detroit gambling hall that began as a dream of self-sufficiency has turned into a legal nightmare and financial albatross that’s divided 38,000 tribal members, choked the tribe’s finances and forced its leaders to rethink long-term ambitions aimed at improving the lives of one of the state’s most historically oppressed people.

“It wasn’t supposed to end up like this,” said Bernard Bouschor, a former Sault Tribe chairman who now sits on its board of directors. “Not after we spent so much time and money.”

The predicament in which the tribe finds itself is serious: likely losing Greektown, which by revenue is the smallest of Detroit’s three gambling halls, to creditors or a new buyer in a federal bankruptcy court hundreds of miles from home. It deeply contrasts with the bright promise the casino held for the tribe when the fight for a crack at the downstate market first started two decades ago.

Back then, vying for a piece of Detroit’s gaming market had a simple impetus: a desire for self-sufficiency.

For decades, Chippewa leaders sought recognition by the federal government, and when that hurdle was finally cleared in 1975, the tribe won the right to receive federal and state assistance offered to Native American groups.

Those dollars were spent to upgrade a standard of living that for decades had fallen far behind the acceptable norm.

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California Court of Appeals Decides Calculation of Tribal Per Cap in Child Support Dispute

Matthew L.M. Fletcher1 Comment

Here is the opinion in M.S. v. O.S. An excerpt:

In this paternity action, O.S. appeals an order requiring him to pay child support for his young twins. He contends the trial court abused its discretion by including in his income for purposes of guideline support twice-yearly bonuses he received from his Indian tribe, and attorney fees the tribe paid on his behalf. We agree with O.S. on the second issue, and reverse the order and remand the matter for further proceedings. Additionally, for the court’s guidance on remand, we hold it may properly include the bonuses in his gross income.

Federal Judge Contempt Order against Ysleta Del Sur Pueblo

Matthew L.M. Fletcher1 Comment

Here are the materials in the ongoing dispute over gaming in El Paso (reported here, via Pechanga).

Texas Motion for Contempt

Tigua Response Brief

Texas Reply Brief

DCT Order Granting Motion for Contempt

And an additional order, just for fun:

DCT Order Clarifying Judgment

Tribal Suit in Conn. Courts against Insurer Succeeds

Matthew L.M. Fletcher

Here is the opinion in Viejas Band of Kumeyaay Indians v. Lorinsky, in the Appellate Court of Connecticut. The tribe sued and won in the trial court over an insurance policy for casino employees.

An excerpt:

The named defendant, Jay Lorinsky, appeals from the judgment of the trial court, rendered after a jury trial, in favor of the plaintiff, the Viejas Band of Kumeyaay Indians (Viejas). On appeal, Lorinsky claims that (1) the court incorrectly concluded that the accidental failure of suit statute, General Statutes § 52-592, permitted Viejas’ case to be filed in state court, (2) the evidence was insufficient to support the jury’s award of damages and (3) the court improperly denied the defendants’ motions for a mistrial and to set aside the verdict. We disagree, and, accordingly, affirm the judgment of the trial court.

TV Coverage of Grand Traverse Band Revenue Sharing Projects

Matthew L.M. Fletcher

From GTB Chairman Derek Bailey (Bailey Blast July 31 2009):

This past Wednesday, July 29th, the 7&4 News channel did an excellent feature story on the Grand Traverse
Band’s recent 2% allocation. The positive message is a necessary reminder of how through 2% allocations,
citizens of northern Michigan truly benefit from tribal gaming. To view the 7&4 News broadcast, please click
on this link: http://www.youtube.com/watch?v=Z_9PEjiKTyk. Especially during these tougher economic
times, the tribes continued financial contributions to schools, organizations, counties equates to communities,
families and individuals being better served and living with more opportunities.
This cycle’s allocation amount was $791, 179.75 and was awarded to 34 applicants (65 applications were
received with a totaled request of $2,642,065.00). Twice a year, 2% gaming revenue allocations are made to
local units of government, resulting from terms of the consent decree which settled Tribes v. Engler (Case no.
1:90-CV-611, U.S. District Court, Western District Michigan).

This past Wednesday, July 29th, the 7&4 News channel did an excellent feature story on the Grand Traverse Band’s recent 2% allocation. The positive message is a necessary reminder of how through 2% allocations, citizens of northern Michigan truly benefit from tribal gaming. To view the 7&4 News broadcast, please click on this link: http://www.youtube.com/watch?v=Z_9PEjiKTyk. Especially during these tougher economic times, the tribes continued financial contributions to schools, organizations, counties equates to communities, families and individuals being better served and living with more opportunities.

This cycle’s allocation amount was $791, 179.75 and was awarded to 34 applicants (65 applications were received with a totaled request of $2,642,065.00). Twice a year, 2% gaming revenue allocations are made to local units of government, resulting from terms of the consent decree which settled Tribes v. Engler (Case no. 1:90-CV-611, U.S. District Court, Western District Michigan).

Greektown is $755 Million in Debt

Matthew L.M. Fletcher

From Indianz:

The commercial casino that is majority owned by the Sault Ste. Marie Tribe of Chippewa Indians of Michigan is more than $755 million in debt.

The Greektown Casino in Detroit entered bankruptcy proceedings last year. So far, all of the exit plans that have been submitted would relieve the tribe of its ownership in the facility.

The latest offer comes from businessman Tom Celani, who said he will bid $450 million for the casino.

Get the Story:

Businessman to bid $450M for Greektown Casino (The Detroit News 7/31)

Nottawaseppi Huron Band in Talks to Amend Gaming Compact

Matthew L.M. Fletcher

From the Battle Creek Inquirer:

The governor’s attorney said Tuesday the revised compact for FireKeepers Casino should be done within 60 days and offered clues to what the new document might look like.

The Nottawaseppi Huron Band of Potawatomi, owner of FireKeepers, has been in talks the past several weeks with the state of Michigan on changes to the 1998 compact that allowed the tribe to move forward with the casino.

On Monday, John Wernet, general counsel to Gov. Jennifer Granholm, would not offer details to what changes might be made to the compact but said it would be similar to changes made to compacts with the Pokagon Band (New Buffalo) of Potawatomi, the Little River (Manistee) Band of Ottawa and Little Traverse Bay (Petoskey) Band of Odawa Indians.

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Former Tribal Gaming Operations CEO Indicted for Theft from a Tribal Organization

Matthew L.M. Fletcher4 Comments

Here is the indictment in United States v. Jeff Livingston (E.D. Cal.). And an excerpt from the California AG’s office press release about the case:

The joint investigation revealed that Livingston made unauthorized purchases with the casino’s corporate credit card, including: 
– A $20,000 down payment on a new Ford Mustang Shelby; 
– A $5,000 down payment on a new Ford Fusion for the casino’s former Vice President of Marketing; and 
– A $7,000 Mercedes Benz PGA National Golf Championship package in Maui, Hawaii. 

Livingston attempted to conceal the down payments by making it appear as if they were part of a ten car purchase he made for a casino giveaway.

Sault Tribe May Give Up Majority of Control in Greektown to Merrill Lynch

Matthew L.M. Fletcher

From Indianz:

The Sault Ste. Marie Tribe of Chippewa Indians could give up ownership of its commercial casino in Michigan under bankruptcy plan before a federal judge.

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Ninth Circuit Rejects Challenge to Nooksack Casino

Matthew L.M. Fletcher1 Comment

Here is the opinion, with dissent, in North County Community Alliance v. Salazar.

Briefs:

North County Community Allliance Brief

Federal Appellee Brief

An excerpt from the majority:

We hold that the Alliance’s challenge to the NIGC’s 1993
approval of the Ordinance, insofar as it relates to the licensing
and construction of the Casino, is not time-barred. We hold on
the merits that the NIGC did not have a duty under IGRA to
make an Indian lands determination in 1993 before approving
the Nooksacks’ non-site-specific proposed gaming Ordinance.
We also hold that the NIGC did not have a duty under IGRA
to make an Indian lands determination in 2006 when the
Nooksacks licensed and began construction of the Casino pursuant
to the approved Ordinance. Finally, we hold that there
was no violation of NEPA.

We hold that the Alliance’s challenge to the NIGC’s 1993 approval of the Ordinance, insofar as it relates to the licensing and construction of the Casino, is not time-barred. We hold on the merits that the NIGC did not have a duty under IGRA to make an Indian lands determination in 1993 before approving the Nooksacks’ non-site-specific proposed gaming Ordinance. We also hold that the NIGC did not have a duty under IGRA to make an Indian lands determination in 2006 when the Nooksacks licensed and began construction of the Casino pursuant to the approved Ordinance. Finally, we hold that there was no violation of NEPA.

And from the dissent:

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