Ilitch guilty of "champerty?" the Big Lagoon Rancheria example

Main Entry: cham·per·ty

Function: noun

Inflected Form(s): -es

Etymology: Middle English champartie, modification (probably influenced by Middle English partie part) of Middle French champart field rent, from champ field (from Latin campus) + part portion

: a proceeding, illegal in many jurisdictions, by which a person not a party in a suit bargains to aid in or carry on its prosecution or defense by furnishing money or personal services in consideration of his receiving a share of the matter in suit : maintenance with the addition of an agreement to divide the thing in suit

A Forbes' writer has suggested casino syndicators like Marian Ilitch and Michael J. Malik, are guilty of "champerty:" Is she, or isn't she? You be the judge.

For almost a decade, Marian Ilitch and her friends have been bankrolling disingenuous lawsuits, land claims, and other skirmishes intended to provide leverage for their true objectives:

• Win the exclusive rights to develop and manage extremely lucrative Indian Casinos and resorts off existing reservation lands in locations that have greater marketing value.

Currently Ilitch, Michael Malik and their various casino syndicates are at work in Michigan (Port Huron), New York (Southampton/Shinnecock Hills) and California (Barstow). In each situation they’ve either encouraged or resuscitated these disingenuous “loss leaders” in order to facilitate or leverage negotiations for casinos or at worst case share in any favorable settlement or judgement the tribes might realize -- as if lawsuits were the new stocks and bonds.

Case in point:

07.28.05
NorthCoastJournal, “Big Lagoon Rancheria’s casino
dream awakens”

by Heidi Walters

“For 10 years the Big Lagoon Rancheria has battled with the state of California over the tribe's plans to build a casino at Big Lagoon. The main sticking point has been the state's contention that a casino at Big Lagoon would be an environmentally unsound endeavor, given that the lagoon is an ecological preserve and home to three species listed under the federal Endangered Species Act. The tribe disagrees with the state's assessment, and in 1999 sued the state for "bad faith" negotiating. . .

“But now it looks as if the lawsuit could go away and the rancheria might get to build its casino -- 700 miles south, in the desert town of Barstow. But don't cry for the rancheria. The deal, which would be part of a settlement agreement in which the tribe agrees to not build anything commercial on its Big Lagoon tribal lands, could yield profits for the 18 family members of the rancheria that are far above those anticipated from the original Big Lagoon project. After all, 60 million people a year drive through Barstow, many already primed for gambling as they travel I-15 to Las Vegas. . .”

http://www.northcoastjournal.com/072805/news0728.html