Indian gaming

Mandamus Suit against Mich. AG to Force Tribal Compliance with State Liquor Laws Fails

Matthew L.M. Fletcher

Here is the Michigan Court of Appeals decision in Devlin v. Attorney General — Devlin vs Attorney General MI Ct of App.

An excerpt:

On June 3, 2008, plaintiff filed his complaint for mandamus against attorney general Michael A. Cox in his official capacity. Plaintiff averred that casinos and other businesses owned by Indian tribes in Michigan are selling spirits, beer, and wine on their premises, but are doing so without a license issued by the Michigan Liquor Control Commission as required by law. Plaintiff further averred that defendant, as the State’s chief law enforcement officer, had knowledge of these “tribal liquor license violations.” And, although “hundreds of thousands of felony violations have been committed by Michigan tribal casino management” . . . defendant “fails and refuses to take any corrective action, whether it be a civil suit against the tribes for a declaratory and injunctive Order . . . or criminal actions against tribal management.” Plaintiff alleged that he and other travelers on State highways are in danger because “[a]ll of the tribal casinos are located within a minute or two drive to State highways” and underage customers, as well as intoxicated persons, are likely to leave the casinos and drive on State highways. Accordingly, plaintiff alleged, defendant’s failure to enforce State liquor licensing laws under these circumstances constituted a clear abuse of discretion and warranted the issuance of a writ of mandamus to command him to act.

Here was the complaint filed in 2008.

Florida Seminole Tribe to Seek Compact through Secretarial Procedures

Matthew L.M. Fletcher

From the Orlando Sentinel:

After the Legislature voted down a proposed revenue-sharing deal Thursday, the Seminole Tribe will now turn to the federal government for authority to run its casinos that feature slots and blackjack, tribe attorney Barry Richard said in an interview.

Richard said that the tribe remains open to negotiate more with the Legislature, but “we’ve reached the conclusion that it’s time to begin looking at other options.”

“We made a vigorous effort to work this out,” he said. “We had two separate compacts with the governor. We made giant strides toward negotiation with the Legislature. It’s disappointing – the tribe can’t continue to wait forever.”

The tribe will enter a formal process known as “procedures,” in which it will ask the federal government for authorization to keep its blackjack tables open, even though there’s no compact in place to allow such table games. Continue reading →

“Big Love” Subplot Re: Indian Gaming and Corrupt Financial Backers

Matthew L.M. Fletcher

From LFP via Pechanga:

The show may be called Big Love, but there’s no love lost between Bill Paxton’s character and the one played by Canadian Adam Beach.

The fourth season of Big Love, which stars Paxton as polygamist Bill Henrickson, debuts Sunday on HBO Canada. Beach is on hand to play Tommy Flute, the son of Bill’s Indian Gaming Casino partner, and Tommy really doesn’t trust Bill – in some ways, with good reason.

“We might have a problem – you,” a menacing Tommy tells Bill after receiving news that the FBI has visited the tribal offices to sniff around Bill’s financial activities. Obviously, the reservation hierarchy doesn’t want to get dragged into anything messy, and messiness just seems to follow Bill around.

Academy Award winner Sissy Spacek also will be a guest-star later in the season.

Profile of Fred Dakota: “The Father of Indian Casino Gaming”

Matthew L.M. Fletcher2 Comments

Written by KBIC chief judge (and Fred’s son) Brad Dakota.

Here.

PDF

Slot Machine Distributor Loses Contract Claims against Slot Machine Manufacturer

Matthew L.M. Fletcher

Slow news day….

Tribal Consortium v Pierson

An excerpt:

The case originally involved two written contracts between Plaintiff and Vision, entitled “Vision Gaming & Technology, Inc. Distribution Agreement for Oklahoma” and “Vision Gaming & Technology Inc. Participation Agreement.” The Distribution Agreement appointed Plaintiff as Vision’s exclusive distributor for the sale of its gaming products in Oklahoma. The Participation Agreement authorized Plaintiff to place gaming devices owned by Vision in gaming facilities operated by Native American tribes in Oklahoma and to obtain contracts with the tribes that would provide for Plaintiff and Vision to share a percentage of the revenue generated by the operation of those devices. The Distribution Agreement contained an arbitration clause, which has now been enforced by a federal district court in Georgia. Plaintiff, Pierson and Vision were ordered “to submit to arbitration all issues arising under the Distribution Agreement.” See Vision Gaming & Tech., Inc. v. Tribal Consortium, Inc., Civil Action No. 1:06-CV-2267-RWS, Order at 13 (N.D. Ga. Feb. 8, 2007). Thus, all claims relating to the Distribution Agreement are subject to arbitration and cannot be litigated in this case. The federal court in Georgia ruled, however, that “issues arising under the Participation Agreement are not subject to arbitration.” Id.

Bottom line — plaintiff loses.

G2E Indian Gaming Track Panels

Matthew L.M. Fletcher

Indian Gaming @ G2E

Tuesday, November 17, 2009

CD2: Big Brands: Native American Casino Design
Room: N115 ~ 9:15AM – 10:15AM (Tuesday, November 17, 2009)

Just as in the commercial market, a brand is what separates a successful Native American operation from its more pedestrian competitors. This session will examine branding as part of the overall design process, including the minimization of costs and implications for long term success. Executives from some of the most recognizable brands in Indian Country will discuss their experiences and offer valuable insights for expanding your casino brand through resort design.

Moderator:
Tom Hoskens – Vice President, Cuningham Group Architecture, P.A.
Speaker:
Charles “Chief” Boyd – Partner, Thalden-Boyd-Emery Architects
J R Mathews – Vice Chairman, Quapaw Tribe of Oklahoma
David Stewart – CEO, Cherokee Nation Entertainment

CSR7: NCRG at G2E: Myths vs. Evidence: The Impact of Indian Gaming
Room: N103 ~ 11:45AM – 12:45PM (Tuesday, November 17, 2009)

Myths about the impact of Indian gaming on the health of tribal members, crime and economic development persist in the media. Does scientific research support these assumptions? The panel, representing a variety of perspectives, will examine these myths in the light of research.

Moderator:
Christine Reilly – Executive Director, Institute for Research on Pathological Gambling & Related Disorders, Division on Addictions, Cambridge Health Alliance
Speaker:
Harry Ashton – Head of Legal Research, Gambling Compliance Ltd.
Jacob Coin – Director, Office of Public Affairs, San Manuel Band of Mission Indians
Kate Spilde – Chair, Sycuan Institute on Tribal Gaming, San Diego State University

FIN2: Spreading the Wealth: Tribal Financing Options
Room: N109 ~ 2:00PM – 3:00PM (Tuesday, November 17, 2009)
The money is still there for tribal gaming projects, but lenders are much more careful now about who receives loans from them and for what purpose. Speakers at this session will explain how to best qualify for loans, what lenders require and how they expect to be repaid, while tribal officials involved in these financial deals will reveal how they convinced banks and other financial institutions to provide capital or refinance existing loans.

Moderator:
Kristi Jackson – CEO, Tribal Financial Advisors
Speaker:
Rochanne L. Hackett – Senior Vice President / Director of National Gaming Development, Wells Fargo Bank N.A.
Jeff Hartmann – Executive Vice President & Chief Operating Officer, Mohegan Tribal Gaming Authority
Mike Lettig – Executive Vice President, Native American Financial Services, Key Bank
Dave Rebich – CFO, Turning Stone Resort Casino

CLR5: Tribal Perspective: Indian Gaming and the Obama Administration
Room: N109 ~ 3:15PM – 4:15PM (Tuesday, November 17, 2009)

Some of President Obama’s most ardent campaign supporters were Native Americans. The tribes believed they needed a change in the way they related to the federal government and that Obama would deliver. Now, one year later, tribal leaders, former and current federal officials and other experts will come together to discuss whether the change they sought has been delivered, and what the future holds for Indian Country during this administration.
Moderator:
Tom Foley – President, Foley Law Group
Speaker:
Tom Brierton – President, Franklin Creek Consulting
Larry Rosenthal – Partner, Ietan Consulting, LLC
John Tahsuda – Vice President, Navigators Global LLC
Loretta Tuell – Attorney, AndersonTuell, LLP

Wednesday, November 18, 2009

IG4: National Indian Gaming Commission: An Update
Room: N115 ~ 9:15AM – 10:15AM (Wednesday, November 18, 2009)
With at least one new member, the National Indian Gaming Commission will be re-tooled to consider a wide range of issues that will impact Indian Country. This session will bring together the current members of the commission for an annual update on the role of this federal agency in overseeing tribal gaming and what its members hope to accomplish during the upcoming year. Topics discussed will be Class II gaming, off-reservation gaming and the relationship of the NIGC with other federal bodies, including the Bureau of Indian Affairs.

Moderator:
Ernie Stebbins – Executive Director, Washington Indian Gaming Association
Speaker:
Norm DesRosiers – Vice Chairman, National Indian Gaming Commission (NIGC)
George Skibine – Acting Principal Deputy Assistant Secretary, Indian Affairs, Acting Chairman, National Indian Gaming Commission

IG5: Tribal Compacts 2.0: The Next Generation
Room: N115 ~ 11:45AM – 12:45PM (Wednesday, November 18, 2009)

The Indian Gaming Regulatory Act (IGRA) prohibits states from taxing tribal gaming revenues. Tribes may, however, agree to share a limited portion of their gaming proceeds with state and local governments, subject to approval by the Secretary of the Interior. To ensure that these compacts are not interpreted as imposing taxes and therefore in violation of IGRA, states and tribes are beginning to develop a new generation of compacts that include revenue sharing models designed to provide more certainty and enforceability. This panel will provide background regarding compacts and older models, and explain how this next generation of revenue sharing can benefit tribal and state governments alike.

Moderator:
Mark Van Norman – Executive Director, National Indian Gaming Association (NIGA)
Speaker:
Scott Crowell – Attorney, Crowell Law Offices
Ezekiel Fletcher – Attorney, Rosette & Associates, P.C.
Paula Hart – Director, Office of Indian Gaming, US Department of the Interior

Continue reading →

Gun Lake Band Groundbreaking Ceremony

Matthew L.M. Fletcher

🙂

Suit against Gun Lake Trust Acquisition Dismissed

Matthew L.M. Fletcher4 Comments

Here is the news report.

And the materials:

DCT Order Dismissing Patchak Claims

Gun Lake Band Motion to Dismiss

US Motion to Dismiss Patchak Claims

Colusa Case Reaches Judgment

Matthew L.M. Fletcher1 Comment

From a Picayune Rancheria press release:

Sacramento – In a decision with wide-ranging ramifications for California’s budget woes, the Honorable  Frank C. Damrell, Jr., Judge of the United States District Court for the Eastern District of California, entered final judgment today that Indian tribes conducting gaming in California are entitled to an additional 10,549 slot machines under their compacts with the state. Chukchansi Tribal Chair, Morris Reid stated, “This will allow the 1999 Compacted Indian tribes to provide an additional $30 million to the state of California. We are thankful the state will now have millions more to pay for programs and the tribes will be able to provide better support for their members.” The tribes were denied these gaming devices for a decade due to the state’s miscalculation of formulas under the compacts. The decision orders the State of California to undertake a draw within 45 days to assign the gaming devices to the various tribes gaming in California.

Morris Reid, Tribal Chair of plaintiff Picayune Rancheria of Chukchansi Indians, commented that, “The State and tribes lost millions of dollars the past decade that they can never get back due to the state’s miscalculation of the number of gaming machines available under the compacts, but the federal court’s decision wisely corrects this going forward. This is a great win for all of Indian Country.”

Harris Complaint against Sycuan Band Dismissed Again

Matthew L.M. Fletcher1 Comment

Once again, the Southern District of California has dismissed a claim against the Sycuan Band of Diegueno Indians under the Federal Arbitration Act — Second DCT Order Dismissing Harris Complaint — she was given leave to amend a third time, though.

First case is here.