gaming – Page 98 – Turtle Talk

Will the Poor Economy Assist Tribes in Fighting National Labor Relations Board Jurisdiction?

July 8, 2010Matthew L.M. Fletcher

Perhaps, given this information, via Indianz:

Foxwoods and the tribe, in their brief, claim that because only a “fraction” of the revenue from Foxwoods is available to the tribe after lenders are paid, a strike at Foxwoods would severely impact the tribe’s ability “to operate a tribal government and function as a sovereign entity.”

The record, however, does not support the claim, Kreisberg writes:

“In this regard, it is undisputed that the Employer (Foxwoods) has annual gross revenues in excess of $1 billion. … Therefore, even if the employer were to face a protracted strike, there is insufficient evidence to establish that it would lack sufficient revenues and/or capital to provide the Tribe’s 900 members, as well as employees and other visitors to the reservation, with any ‘essential’ public services.”

Didn’t Foxwoods just note concern about being able to pay its creditors? What’s in this record?

One Michigan Racino Ballot Proposal Fails to Acquire Enough Signatures

July 7, 2010Matthew L.M. Fletcher1 Comment

From the Muskegon Chronicle, via Pechanga:

LANSING — A ballot initiative that would have allowed for seven more corporate casinos in Michigan, including one in Muskegon, has failed.

A coalition called Michigan Is Yours, which pushed the casino-expansion proposal, did not turn in the voter signatures needed — more than 380,000 — to make the Nov. 2 ballot by Monday’s deadline, according to state election officials.

The proposal, if approved by voters, would have put in the state Constitution the ability of a company called My-Casino Inc. to establish corporate casinos in seven specific locations — the cities of Muskegon, Lansing, Detroit, Benton Harbor, Flint and Port Huron, along with the Detroit Metropolitan Airport.

This failed ballot initiative is not connected to the proposed American Indian casino in Fruitport Township. A tribal casino does not require a vote of the people, but the Little River Band of Ottawa Indians needs several approvals of state and federal officials before the tribe’s proposed casino development can be built at the former Great Lakes Downs racetrack site.
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Testimony in Mich. House Committee Hearing on Little River Band Off-Rez Gaming Proposal

July 5, 2010Matthew L.M. Fletcher

Here, from the Michigan House Regulatory Reform Committee:

LRB Testimony

Fruitport Twp Testimony

Gun Lake Tribe Testimony

Nottawaseppi Huron Band Testimony

Saginaw Chippewa Testimony

Dorr Business Association Testimony

Intertribal Fight in Michigan over Little River Off-Rez Casino Proposal

July 5, 2010Matthew L.M. Fletcher

From the K’zoo Gazette via Pechanga:

FRUITPORT TOWNSHIP — A top official of the Little River Band of Ottawa Indians is lashing back at other Indian tribes, accusing them of delaying a proposed Fruitport Township casino to choke off potential competition for their casinos.

“We understand other casino interests do not want competition, but don’t delay jobs for the Muskegon region. Don’t delay revenues to the state School Aid Fund,” said Robert Memberto, commerce director for the Little River Band, which wants to build a casino at the former Great Lakes Downs race track.

He accused the other tribes of “throwing all kinds of minutiae to delay, delay and delay this project.”

Memberto delivered his plea last week to the House Regulatory Reform Committee in Lansing, which is deciding on a resolution that would pave the way for a Fruitport Township casino.

Leaders from three other tribes — the Gun Lake Tribe, Saginaw Chippewa Indian Tribe and Nottawaseppi Huron Band of the Potawatomi — testified against the Little River Band proposal. They claimed that state approval of a casino in Fruitport Township would break an agreement that tribes in Michigan would not pursue off-reservation gambling unless all the tribes agreed. They also suggested that the authority of taking land into trust for off-reservation casinos rests with the U.S. Department of Interior, not state leadership.

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Oklahoma State Trial Court Has Honored Federal Injunction in Eastern Shawnee Case

July 3, 2010Matthew L.M. Fletcher

Yesterday, July 2, according to Michael McBride. Here is the federal injunction at issue:

Judgment Confirming Arbitration Award in Favor of ESTOO 07-01.

Federal Court Squarely Enjoins Oklahoma Courts from Exercising Jurisdiction over Tort Claims under Compact

July 1, 2010Matthew L.M. Fletcher1 Comment

Here is Tuesday’s judgment in the Chickasaw/Choctaw case: 2010-06-29 (38) Judgment.

Seminole/Hard Rock Credit Rating Affected by Distribution of Casino Revenues to Tribal Members

July 1, 2010Matthew L.M. Fletcher1 Comment

From St. Pete Times:

Two top credit rating agencies Wednesday downgraded their ratings on the Seminole Tribe of Florida, citing chronic problems with the tribe’s internal financial controls governing funds associated with their extensive casino gambling operations.

The downgrade reflects the inability to resolve the tribal government’s “long track record of weak internal controls with respect to financial and accounting practices,” said Fitch Ratings, which resulted in the June 3 notice of violation from the National Indian Gaming Commission.

Rating agency S&P said it put the tribe on “credit watch with negative implications” as well as its affiliates, Seminole Hard Rock Entertainment Inc. and Seminole Hard Rock International LLC. S&P also cited the gaming commission’s notice about the improper uses of gaming revenues by certain tribal members, including members of the tribal council. The Seminole Hard Rock Casino has locations in Tampa and Hollywood in South Florida.

Sault Tribe Chair Joe McCoy on the Loss of Greektown Casino

July 1, 2010Matthew L.M. Fletcher

Well, they sent it to me, so I’ll post it:

I write this memo to our tribal and casino team members to inform you that after more than two years in Chapter 11 reorganization, the Michigan Gaming Control Board (MGCB) transferred the license of Greektown Casino from the Tribe to a group of private hedge funds and investors from other states. This happened yesterday at a special meeting of the MGCB in Detroit. We anticipate that next week, ownership of the casino will be legally transferred to the group.

The transfer occurred after the MGCB conducted a relatively abbreviated background check of the new owners. We strongly objected to this decision. Concerns were also raised by state Representative Gary McDowell, D-Rudyard, Republican candidate for governor Mike Bouchard (who wrote the state law that governs the three Detroit casinos when he was in the state Senate), state Senate Majority Leader Michael Bishop, R-Troy, and Congressman Bart Stupak, D-Menominee. Unfortunately, the MGCB ignored all the concerns and abandoned its own rules and the process it has used over the years to license casino owners.

The board and I spent many days, weeks, and months reviewing plans and proposals that would allow us to keep a stake in Greektown. Though some might disagree, I truly believe we did all we could to save our interest in this investment. Now that this decision has been made, it is time for the Tribe to examine other opportunities we have to grow our revenue stream securing membership services for years to come.