Michigan Economic Development Corporation & Indian Gaming Revenue Sharing

From Crain’s Detroit Business:

Fight over casino funds limits kitty for MEDC

LANSING — A southwest Michigan American Indian tribe is withholding casino revenue destined for state economic-development operations, posing the latest twist in funding uncertainty for the Michigan Economic Development Corp.

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Future Per Cap Income as Restitution in Criminal Case

In United States v. Roach et al., the Western District of North Carolina used future, expected tribal per cap to calculate restitution in a murder case.

DCT Order – US v. Roach et al.

NIGC Extends Comment Period on New Regs to March

From Indianz:

NIGC extends comment period on Class II initiatives

Tribes have until March 9 to comment on the four controversial Class II initiatives proposed by the National Indian Gaming Commission. In notices published today in the Federal Register, the NIGC extended the comment period on the following: classification standards for bingo, pull tabs and similar games; a definition of electronic Class II games; minimum internal control standards for Class II games and technical standards for Class II games. The NIGC says the rules will clarify the difference between Class II games like bingo and Class III games like slot machines. Technological advances have blurred the lines. “Class II gaming has been the bedrock of Indian gaming and continues to play a vital role in the expanding industry. In order to preserve and respect the importance of Class II gaming, we are moving forward keeping all comments in mind and will act in a way to distinguish Class II gaming from Class III gaming,” NIGC Chairman Phil Hogen said.

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NYTs Editorial on Off-Reservation Gaming

From the NYTs:

Good Decision on Tribal Casinos

Interior Secretary Dirk Kempthorne made exactly the right call when he recently denied permission to 11 Indian tribes around the country to acquire more land in order to build casinos.

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Navajo Gaming Loan Threatened

We blogged previously about the lawsuit filed in Navajo tribal court over the proposed Navajo gaming loan. It turns out the lawsuit was successful in apparently causing the lender to change the terms of the deal (H/T Indianz). This is an interesting development and probably not a welcome one from the perspective of gaming tribes. If tribal court lawsuits challenging the terms of a gaming-related loan, or in this case the authority of the Navajo legislature to approve the loan, are successful in any area, my guess is the price for loans will go up everywhere.

Update: No suit has been filed in the Navajo Nation courts.  The 30 day waiting period required by the Navajo Sovereign Immunity Act (the title doesn’t use “Nation”) just expired and we were preparing to file suit.  There has been no public announcement, but there are rumors to the effect that the notice of suit stopped the loan.  They are now looking at other sources of funding for the casino, such as a trust fund set aside for acquiring land.

From Indianz:

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CA7 Remands Wisconsin & Ho-Chunk Nation Gaming Revenue Sharing Dispute

The Seventh Circuit remanded (again) the dispute over the revenue sharing provisions of the Class III gaming compact between the State of Wisconsin and the Ho-Chunk Nation.

CA7 Opinion

The briefs are here:

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Foxwoods to Challenge Union Vote

From the New London Day:

NLRB Set To Hear Challenge Of Foxwoods’ Union

Testimony starts Tuesday during Hartford hearing

It is a contentious battle, which pits an Indian tribe that operates one of the most successful casinos in the world against one of the largest unions in North America.

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NYTs on Decline of Gaming in the Catskills

From the NYTs:

In the Catskills, Wondering if Casinos’ Time Has Passed

The slot-machine casino in Monticello was nearly empty on Wednesday afternoon.

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Velie and Velie v. Onnam & True Native American Gaming (W.D. Okla.)

A case involving the collection of attorney fees from a gaming developer.

Amended Complaint and Exhibits

Motion to Dismiss

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Freemanville Water System v. Poarch Band of Creek Indians (S.D. Ala.)

This is tribal sovereign immunity case. The district court granted the tribe’s motion to dismiss. Here are the materials:

Complaint

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