Gun Lake Gaming CEO John Shagonaby to Speak at WMU

Here are the details.

Tenth Circuit Affirms Conviction of Indian Gaming Player Who Embezzled Funds from Choctaw

Here are the available materials in United States v. Bryant:

CA10 opinion

USA Brief in Bryant

Bryant Reply

Here is a description of the crime:

On June 20, 2010, Ms. Bryant played a $1 slot machine at the Choctaw Casino and Resort, an Indian gaming establishment. She won 90 cents and took the ticket to her sister, who worked as a cashier. Her sister, and later  codefendant, paid Ms. Bryant $4,000.91. They later split the proceeds. R. 1, 26.  The casino noticed the missing $4,000 and saw the transaction as recorded by cameras. On appeal, Ms. Bryant contends that no federal law was violated. Her two-step argument is as follows: the statute upon which she was charged, 18 U.S.C. § 1168, prohibits theft by “an officer, employee, or individual licensee of a gaming establishment operated by or for or licensed by an Indian tribe.” But
she was not a casino employee, which, for purposes of this appeal, we take as true.

 

Connecticut Trial Court Quashes Subpoena of Mohegan and Mashantucket Pequot Tribal Representatives

Here is the order in Davis v. Senibaldi (Conn. Sup. Ct.):

Crowder Subpoena Memo

The tribes and tribal reps are third parties to a dram shop action, and the court held that sovereign immunity required the quashing on the subpoena.

Treasury Recommends Repeal of Essential Government Function Test for Tribal Economic Development Bonds

Here:

ReportToCongress-TribalEconomicDevelopmentBonds-FINAL121911

Federal Court Dismisses Saginaw Chippewa NLRB Challenge

Here is the order:

DCT Order Dismissing SCIT Complaint

Briefs and other materials are here and here and here and here.

D.C. Circuit Affirms Dismissal of Challenge to NIGC Approval of Lytton Rancheria Gaming Ordinance

Here is the per curiam order in Neighbors of Casino San Pablo v. Salazar:

DC Circuit Order

And the briefs (opening brief is here):

Interior Appellee Brief

Lytton Rancheria Appellee Brief

Neighbors Reply

DOJ Opinion on Internet Gaming

Here is the NYTs coverage.

And the opinion.

Materials in KG Urban Enterprises LLC v. Patrick: Federal Court Challenge Brought against Mass. Gaming Law (Tribal Provision) — UPDATED

Here are the materials:

KG Urban Complaint

2 KG v Patrick PI motion

9 KG v Patrick PI memo

Mass Opposition to Motion for PI

15 KG v Patrick answer

16B KG v Patrick PI resp memo

17 KG v Patrick Salinger aff

Minnesota Court Recognizes Tribal Court Judgment of $19 Million against Gaming World International

Here is the news coverage.

We posted about the tribal court decision here.

KBIC Proposed Gaming Facility in Marquette County Approved by Department of Interior; Cayuga Request Dismissed

From the press release (though the embedded links with additional information aren’t yet working):

The Keweenaw Bay Indian Community is located in Baraga County, Mich., and has approximately 3,310 members. It has more than 6,000 acres of existing trust lands on its reservation in the state’s Upper Peninsula. The tribe has been operating and regulating a class III gaming facility in Marquette County, about 90 miles from its headquarters, since at least 2000. The tribe is proposing to relocate this existing facility to a new location within Marquette County, on an 80-acre parcel at the site of the former Marquette County Airport. The new site is 18 miles closer to the tribe’s reservation than its existing facility. Under a 2000 settlement agreement with the state of Michigan, the tribe has agreed to close its existing off-reservation gaming facility if its proposal receives final approval and it begins gaming activities on the new site.

The Indian Gaming Regulatory Act (IGRA) prohibits Indian gaming on lands acquired in trust after the law’s enactment in 1988, unless one of three explicitly crafted exceptions applies. The Keweenaw Bay Indian Community submitted its application under IGRA’s “Secretarial Determination” exception, which requires the Secretary to determine the proposed gaming establishment is in the best interest of the tribe and its citizens, and would not be detrimental to the surrounding community. The governor of Michigan must concur in this determination before the land can be acquired in trust for the tribe for gaming.

Interior also dismissed an application by the Cayuga Indian Nation, stating it was incomplete. Here is press coverage of that decision. Senator Schumer’s quote is particularly disheartening:

Schumer acknowledged that the battle over the Cayuga application could continue if the Cayugas submit a new application.

“I fought tooth and nail to have the Interior Department block this application, and am pleased that the federal government has heeded our call,” he said. “I’ll continue to stand side-by-side with homeowners, businesses, and county government leaders to oppose further attempts to take land into trust without the consent of Seneca and Cayuga counties.”

The Cayugas started the trust application process in 2005. The 125 acres it sought to place into federal trust includes part of the nation’s ancestral homeland around the north end of Cayuga Lake.

Documents are also available here