Lower court materials here.
As reported on Indianz and Pechanga the last few days, the State of Alabama’s retained expert, D. Robert Sertell, on technical gaming issues took issue with the NIGC’s determination that Poarch Band of Creek Indians gaming operations are legal. Here’s a quote from a news article titled “FBI could raid Alabama’s Indian casinos, says gambling expert,” that quotes Sertell extensively:
Sertell visited Poarch Creek gaming operations and concluded in a 2004 report that their machines did not qualify as Class II gaming and were therefore illegal.
In a telephone interview this month, Sertell questioned the competence and integrity of the national commission, saying Stevens’ letter “ignores federal law so hard, it’s almost laughable.”
“NIGC’s executives are all members of Indian tribes,” he said of the commission. “This is Indians regulating Indians.”
In addition to not wanting to “alienate their Indian relatives and friends,” the agency is also inclined to ignore illegal gambling operations because increased Indian gambling revenue means more funding for the commission, Sertell said.
As Sertel’s CV (Sertell CV, not sure how old this is) notes, he has worked for many, many Indian tribes on technical issues. He even wrote an expert report for Shingle Springs Miwok years ago (Shingle Springs Declaration). Also, he consulted with the NIGC from 1998-2001, during a period of time in which NIGC’s position was that virtually all electronic bingo should be classified as Class III, a position rejected by two federal circuits (Tenth Circuit and Eighth Circuit).