Thursday, October 27, 2011

Champerty: the White Man's Latest Way to Access the Benefits of Native Gaming

Detroiter's Michael Malik and Marian Ilitch organized a gaming syndication, Gateway Casino Resorts, and other affiliates, to bankroll the legal process and other expenses associated with expediting the Federal Recognition process for the Shinnecock Indian Nation. In exchange for bankrolling Recognition, the Detroiters bargained for exclusive rights to develop, manage and operate any gambling hall that the Shinnecock might have the right to pursue once they had won Recognition. Some suggest such is "Champerty."

In addition to bankrolling the Shinnecock legal expenses, the Detroiters reportedly paid now-disgraced businessman and convicted felon Ivy Ong $25 million for the assignment of an earlier such agreement he had with the Shinnecock.

In essence, the Detroiters bargained with the Shinnecock and agreed to bankroll their legal matter in trade for any casino development rights the Shinnecock might be eligible for as a result of Federal Recognition.


 
cham·per·ty
noun - \ˈcham-pər-tē\
Definition of CHAMPERTY
: a proceeding by which a person not a party in a suit bargains to aid in or carry on its prosecution or defense in consideration of a share of the matter in suit

[From Middle English champartie, from Middle French champart (part of the field: a feudal lord's share of his tenant's crop), from champ (field), from Latin campus (field) + part.]

"Champerty, which is illegal in many, but not all, states, occurs when someone helps pay the costs of someone else's lawsuit in exchange for a share of any proceeds." Wade Lambert and Arthur S Hayes; Investing in Patents to File Suits is Curbed; The Wall Street Journal (New York); May 30, 1990.

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certainly must reads!

Ilitch has backed loosing sports teams and pizza, but casinos in Detroit? Forbes.com 10.09.06 ● Marian Ilitch #1 on "25 Most Powerful People" to Watch 2006” global gaming business o1.oo.o5 ● My Kingdom for a Casino Forbes 05.08.06 ● Big Lagoon’s casino dream awakens north coast journal 07.28.05 ● Shinnecocks launch legal claim to Hamptons land newsday.com 06.16.05 ● Ilitch Plans to Expand Casino Empire RGTonline.com 07.05.05 ● Ilitch outbids partners MichiganDaily.com 04.14.05 ● Ilitch enmeshed in NY casino dispute detnews.com 03.20.05 ● Marian Ilitch, high roller freep.com 03.20.05 ● MGM Mirage to Decide on Offer for Casino in Detroit rgtonline.com 04.16.05 ● Secret deal for MotorCity alleged freep.com 02.15.05 ● Los Coyotes get new developer desertdispatch.com 02.08.05 Detroit casino figure to finance Barstow project LasVegasSun.com 07.07.03 ● Indian Band trying to put casino in Barstow signonSanDiego.com 06.04.03 Pizza matriarch takes on casino roles detnews.com 10.23.02 ● Vanderbilt gets short straw in negotiations for a casino Lansing Journal 10.06.02 ● Indians aim to drive family from tribe in vicious dispute san diego union tribune 04.09.00 ●Malik owns 2000 Michigan Quarter Horse of the Year Michigan.gov 01.01.00 ● Detroit Team to run Michigan’s newest Indian casino detnews.com 05.23.99 Tiger ties tangle Marian Ilitch detnews.com 04.29.99 ● Three investors must sell their Detroit casino interests gamblingmagazine.com 04.25.99 ● Partners’ cash revived election; They say money was crucial to Prop-E detnews.com 04.25.99 Investors have troubled histories las vegas review journal 04.27.99 ● Investor served probation for domestic assault on 12 year old boy detnews.com 04.25.99 Can a pair win a jackpot?: local men hope to... crainsdetroit.com 03.17.97

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