Fond du Lac Band Earns Major Victory in Gaming Revenue Sharing Dispute with City of Duluth

Here are the materials in City of Duluth v. Fond du Lac Band of Lake Superior Chippewa (D. Minn.):

Memorandum Opinion and Order

Fond du Lac Rule 60 Motion [plus NIGC NOV as attachment, also available separately here]

City of Duluth Opposition

Fond du Lac Reply

Update: via Indianz, here is the Minnesota Public Radio news coverage.

Another NFL Player (Clinton Portis) Sues Greenberg Traurig for Abramoff-Era, Casino-Related Actions

Here is the complaint filed in Florida circuit court:

Clinton Portis v. Greenberg Traurig Complaint

Terrell Owens’ suit is here.

New Bay Mills Chair Supports Off Reservation Gaming Efforts

Here.

Federal Court Corruption/Bribery Findings Relating to Alabama Bill to Legalize Electronic Bingo

Here is the lengthy opinion in United States v. MacGregor (M.D. Ala.):

US v MacGregor.

If anyone thinks this is a post-racial society, this opinion should disabuse us of that notion. Here is an excerpt:

Beason, Lewis, and their political allies sought to defeat SB380 partly because they believed the absence of the referendum on the ballot would lower African–American voter turnout during the 2010 elections. One of the government’s recordings captured Beason and Lewis discussing political strategy with other influential Republican legislative allies. A confederate warned: “Just keep in mind if [a pro-gambling] bill passes and we have a referendum in November, every black in this state will be bused to the polls. And that ain’t gonna help.” Trial Transcript, Doc. No. 1298, at 80. The participants predicted: “Every black, every illiterate” would be “bused on HUD financed buses.” Id.Beason agreed: “That’s right. This will be busing extra…. Because you gotta have somebody to pay for those buses.” Id. at 81. One participant replied that casinos would provide “free food” and gambling certificates to get black voters to the polls. Id.
In a separate conversation, during which Lewis asked whether the predominantly black residents of Greene County were “y’all’s Indians?,” id.at 86, Beason responded by derisively referring to blacks as “Aborigines.” Id. at 87. [Footnote 2: While this remark is primarily targeted at African–Americans, the court notes that it also evidences Beason’s racist animus toward Native Americans. The history of oppression against Native Americans continues today, particularly in the American West. See, e.g., Pamela S. Karlan, Lightning in the Hand: Indians and Voting Rights, 120 Yale L.J. 1420 (2011).]
The constitutional amendment at issue is here.

New IRS Revenue Procedure 2011-56 (Gaming Per Cap Trust Funds Safe Harbor)

From the IRS:

Revenue Procedure 2011-56 clarifies, modifies, and supersedes Rev. Proc. 2003-14 in response to comments.  The revenue procedures provide a safe harbor for Indian tribes to establish trusts for tribal members who are minors or legally incompetent for the distribution of gaming revenues under the Indian Gaming Regulatory Act (IGRA).  If the provisions of the revenue procedures are followed, an Indian tribe is treated as the grantor and owner of the trust.  The trust beneficiary is not taxed on distributions to the trust or income earned by the trust until actually or constructively received.

Revenue Procedure 2011-56 will appear in IRB 2011-49 dated Dec. 5, 2011.

Seventh Circuit Declines En Banc Review Petition Files in Wells Fargo v. Lake of the Torches EDC

Here are the materials:

Wells Fargo Petition for En Banc Rehearing

CA7 Order

Panel materials are here.

Arizona Appeals Court Declines to Dismiss Appeal of Non-Indian Party Suing Yavapai-Apache

Strange little case, unpublished in the Arizona Reporter, and captioned MM&A Prods., LLC v. Tang.

The court previously held that the underlying contract claim against the Yavapai-Apache Nation should be dismissed. But the plaintiffs keep coming: Continue reading

Update in Miccosukee Effort to Quash IRS Subpoenas of Banks’ Tax Records

Previous order here.

Here:

Miccosukee Motion for Reconsideration

DCT Order on Miccosukee Motion for Reconsideration

Miccosukee Motion for Stay Pending Appeal

IRS Opposition

Miccosukee Reply

DCT Order Denying Miccosukee Motion for Stay

Criminals Stage Elaborate Effort at Barona Casino to Steal Fake Money

Here, via Legal Blog Watch.

An excerpt:

Four gunmen attempted to steal a promotional booth filled with cash from Barona Casino early Wednesday, firing off several shots in the process, but no one was hurt and the money was recovered after being abandoned by the robbers, authorities said.

The general manager of Barona said there were 500 people inside the casino at the time of the robbery but it happened so quickly that no one noticed.

However, patrons playing slot machines told reporters they heard gunfire and scrambled to cash out before searching for loved ones gambling in other areas of the casino.

The gunmen entered the casino and approached a promotional booth filled with cash, then proceeded to attach a steel chain around the booth, according to sheriff’s Sgt. Tom Poulin. The other end of the chain was attached to a black SUV parked outside the casino, he said.

***

Audrey Doherty, a representative for Barona, told 10News most of the cash inside the box was fake.

“It’s like a Hollywood prop,” Doherty said, adding that although the promotion is for a $250,000 prize, there was only a couple of thousand dollars in the box.

Patchak Cert Opposition Brief

Here:

Patchak Oppn to Cert Pet

The petitions and other materials are here and here.