It's Carcieri not Malik that poses Bigger Problems for the Shinnecock Nation

The Indian Gaming Regulatory Act (IGRA) only allows for gaming on Indian lands held in trust by the U.S. Secretary of Interior. The Shinnecock Indian Nation currently has no land in trust with the Secretary. The lands designated as the Shinnecock Indian Nation reservation on Long Island near Southampton, New York, are not held in trust with the Secretary of Interior. Today, the Shinnecock Nation has no land eligible for Indian Gaming under IGRA -- not even the land designated as the Nation's Long Island reservation.

This presents big, perhaps insurmountable hurdles for the Shinnecock Nation and its Detroit casino backers.

That the Shinnecock Nation would be eligible to have land taken into trust for the purpose of developing a casino, or for any other purpose, appears unlikely at this time.

It was revealed this week that developers behind the Shinnecock Indian Nation's casino schemes had planned to introduce "Mandatory Acquisition" legislation in Congress next year. This suggests tribal leaders and their casino partners now realize they have bigger problems relative to the U.S. Supreme Court's Carcieri decision.  And in fact, it appears Shinnecock leaders have abandoned the attempt by other tribes to advance a so-called Carcieri Fix in Congress.

SCOTUS: Carcieri v. Salazar

In Carcieri, the U.S. Supreme Court said that the Secretary can’t take land into trust for tribes that weren’t “under federal jurisdiction as of 1934.” This has been read to mean that only tribes recognized in 1934 can have land taken into trust. This doesn’t necessarily mean that a tribe has to be on the list of recognized tribes in 1934, but must at least have had a relationship with the federal government as a tribal entity as of 1934.

The Shinnecock Nation's Carcieri problems are made worse by Interior Department acknowledgments published in 2010.

Interior, in granting federal recognition to the Shinnecock in 2010, made several findings that pose Carcieri problems for the Shinnecock. Most relevant, the Interior Department found that it never had a pre-existing relationship with the Shinnecock prior to their recent federal acknowledgment. The Final Determination for Federal Recognition of the Tribe published 6.18.2010 states:

The Department “finds that evidence in the record does not show that the Federal Government established, by its actions, a relationship between the United States and the petitioner [Shinnecock Tribe] as an Indian tribe at any time… .” “…the Department was aware of the Shinnecock of Long Island and held internal discussions as to whether the Department should establish a Federal relationship with them, but the Department took no action to do so.” “The Federal Government explicitly rejected the opportunity to establish a relationship with the petitioner [Shinnecock], sometimes stating that the petitioner [Shinnecock] was the State of New York’s responsibility.”

Clearly the Interior Department found that it had no previous relationship with the Shinnecock Indians, and thought that they were New York’s responsibility. The Shinnecock viewed this as a problem and offered additional evidence to try and show a relationship but the Interior Department rejected that evidence as showing a previously existing relationship. Thus, the Shinnecock wouldn’t have been “under federal jurisdiction” in 1934. So, Carcieri restrictions apply to the Shinnecock Nation.

Under current federal law the Shinnecock are not eligible for federal trust land, thus unable to open an IGRA casino.

That the Shinnecock would be ineligible to have any lands taken into trust by the U.S. Secretary of Interior, for gaming purposes or otherwise, seems only likely if Congress enacts new legislation specifically allowing such -- that remains highly unlikely.

Throughout the last decade the casino syndicators behind the Shinnecock schemes attempted numerous times -- both forthright and sneaky -- to have Congress enact special legislation that would have allowed the Shinnecock or the casino syndicator's other tribal partners to establish casinos.

Despite spending hundreds of millions on lobbying and campaign contributions, the Detroit casino syndicators failed, repeatedly. The only winners were the lawyers, lobbyists and politicians who willingly took millions from the perennial cockeyed optimist who managed the syndicate -- and apparently the handful of tribal leaders on his payroll. The losers remain the naive tribes at-large and economically depressed communities that pin their hopes for the future on the anticipated riches of gaming hopelessly dangled before them, like a carrot to a hungry horse.

See also:

• To Bypass Carcieri and Other Off-Reservation Casino Hurdles, Detroiters Plan Introduction of "Mandatory Acquisition Legislation" in Congress
• Obama repeats support for 'Carcieri fix' on Indian land rights | The Providence Journal
• What They Won't Tell You: Insights on Gateway Casino Resorts, its Detroit Organizers and Their Plans for Shinnecock Casinos

To Bypass Carcieri and Other Off-Reservation Casino Hurdles, Detroiters Plan Introduction of "Mandatory Acquisition Legislation" in Congress

Detroiters who stand to gain hundreds of million of dollars developing and operating Shinnecock Indian Nation gambling halls on Long Island and possibly Governor's Island in New York Harbor, are planning to introduce federal legislation to help them secure approvals and get around off-reservation stumbling blocks including the Carcieri ruling.

According to a timeline produced by the Detroiters' consultants, they are planning to carry out a PR campaign beginning in December 2011 that lays the groundwork for something they refer to as "Mandatory Acquisition Legislation."  That includes plans to "work closely with local governments, union, community groups to build and demonstrate support" for projects in Suffolk County and at Belmont Race Track in Nassau County.

From December 2011 - February 2012, the timeline indicates they will:

• Finalize Mandatory Acquisition Legislation for introduction to Congress.
• Finalize PR plans to support congressional introduction and promote passage of Mandatory Acquisition Legislation 

Then in March 2012 they plan to introduce the so-called "Mandatory Acquisition Legislation" to federal officials.

The timeline notes these "ongoing' activities relative to their "Mandatory Acquisition Legislation" strategy:

• Meet with Federal elected officials; Schumer and Gillibrand; Nassau County and Suffolk County Congressional delegation. Demonstrate local support for Project.
• Meet with key Federal and State elected officials needed to support Mandatory Acquisition Legislation. Prepare white papers and testimony for congressional committee hearings.
• Meet with key elected officials, committee chairs, key DOI officials, and present testimony at committee hearings; lobby- lobby- lobby

In addition to up to three casinos on Long Island, the Detroiters may also be eyeing the opportunity to develop a gambling/entertainment mecca on Governor's Island in New York Harbor. (See renderings)

See other materials obtained with the timeline.

Click on the “labels” below to see related posts, documents, resources or visit these any of these posts:

• Ilitch affiliate retains former U.S. Senator Alfonse D'Amato's lobbying firm to push New York Casino plans for Shinnecock
• Al D'Amato retained to advance Detroiters Long Island Casino Schemes is also leading fight for online gaming
• Shinnecock and Ilitch affiliate Gateway Casino Resorts paid $1.5 million to New York Lobbyists
• D.C. Lobbyists Paid $2.33 Million to Advance Shinnecock Casinos
• Shinnecock Casino Backers have dropped $117,500 on top-ranking NY Politicians
• Detroit Casino Syndicators Organize Additional Gaming Affiliates in Decade Long Pursuit of CA & NY Gambling Halls
• Scandal Continues to Plague Political and Lobbying Activities of Detroiters Bankrolling Shinnecock Casino Plans

Shinnecock Nation Casino Timeline

Detroiters' Shinnecock Casino Schemes

Timeline (Past History & Future Activity)

2001-2012

Of particular note in 2012, the Developer (Gateway Casino Resorts) plans to negotiate a State Compact with Governor Andrew Cuomo, get said Compact introduced and approved by the New York Legislature; and present and get Congressional approval of something called "Mandatory Acquisition Legislation."  And overlaying all of that are ongoing PR advertising campaigns carried out by Lansing-based Marketing Resource Group to spin the developer's schemes and control messages. What's not outlined here are payments to the tribe and "salaries" or payments by Gateway Casino Resorts to key tribal members who support the schemes.

Shinnecock Nation Gaming Authority Timeline 2001-2012

Similarities Between Strategy to Approve Bay Mills Land Claim and Native Hawaiians' Attempt to Restore Sovereignty

The Common Interest in Both Schemes is 

Detroit Gambling Promoter Michael Malik

Detroit Gambling Promoter
Michael J. Malik, Sr.

Blogger’s Note:  Does this cram-it-into-an-appropriations-bill strategy not in the Hawaii Free Press story highlighted below sound familiar?  Recall when lobbyists and operatives for Detroit gambling promoter Michael Malik attempted to get approvals of the Bay Mills Indian Community Land Claims Settlement crammed into an Appropriations Bill?  or the Transportation Omnibus?  Those attempts were ultimately intended to get approvals needed to pave the way for Malik’s Bay Mills Indian casino in Port Huron (MI).

Consider this... Malik has attempted to establish gambling (a casino) in Hawaii for the better part of a decade. He’s not been able to get legislative or voter approval despite major efforts in 2001 and 2010-11.  But recently he’s been spotted palling around on Long Island (NY) with former Hawaii Governor John Waihee. 

Waihee was the first Governor of Hawaii to be of Hawaiian ancestry and he was the person who appointed then-Rep. Akaka to fill the U.S. Senate seat that had been held by Spark Matsunaga, making Akaka the first person of Native Hawaiian ancestry to serve in the Senate.

While Waihee has been an opponent of gaming in Hawaii, for the better part of his life, he’s been a ring leader in the movement to restore Hawaiian Sovereignty.  Should Native Hawaiians be Federally Recognized, Malik might be able to get his Waikiki casino – in the same way he hopes to build, manage and operate a Long Island casino using a bargain he struck with the Shinnecock Indian Nation.  And should Waihee, who’s had personal financial challenges in recent years and who was embroiled in the Bishop Trust scandals detailed in “Broken Trusts, ” be personally enriched through a Native casino in Hawaii, it would be a grand slam for the former Governor.

Another Akaka Bill sneak attack? GOP Senators tell Inouye to back off

News Release from US Senate Republican Caucus

12.03.2010

WASHINGTON – Senators Jon Kyl (R-Ariz.), Lamar Alexander (R-Tenn.), John Cornyn (R-Texas), and Tom Coburn (R-Okla.) today released the following statements in response to reports that the Native Hawaiian Government Reorganization Act – legislation that would establish a new governing entity for individuals of native Hawaiian descent – may be added to an Omnibus Appropriations Bill or a Continuing Resolution, one of which must pass Congress and be signed by the president this month, or the federal government will not have the funding to operate.

“Legislation as highly complex and divisive as the native Hawaiian bill requires vigorous discussion, debate, and amendments,” Kyl said. “An attempt to include it in unrelated legislation to keep the government operating is a breach of process and is an example of what the American people are tired of – back room deals that are inserted in secret packages written behind closed doors.”

“I’m concerned by reports that a special Native Hawaiian bill, or any other controversial measure, might be quietly inserted into must-pass legislation that’s needed to keep the government open,” Alexander said. “If the Democratic majority wishes to pass legislation that would create a new, sovereign government within our borders based solely upon race, it should be brought up separately and debated openly on the Senate floor with the opportunity for amendment.”

“This November, Americans spoke and we listened,” said Cornyn. “Unfortunately, some of my Senate colleagues did not hear the resounding message that rejected secret backroom deals and controversial legislative distractions like this... (Complete Story)

Plea hearing in former Tribal Chair's fraud case postponed for three weeks

1.21.09

Hearing delayed for ex-Mashpee Wampanoag leader

BOSTON (AP) - A plea hearing in federal court has been delayed for the former chairman of the Mashpee Wampanoag Tribe who is accused of fraud and embezzlement.

Glenn Marshall appeared before U.S. District Judge Rya Zobel on Wednesday, but his new attorney Paul Markham was given three weeks to review the case. Markham said Marshall asked him to take the case Tuesday night.

A new plea hearing is set for Feb. 11.

Marshall agreed in December to plead guilty to violating campaign finance laws while working with convicted lobbyist Jack Abramoff. He faces 41 to 51 months in prison.

Marshall stepped down as tribal chairman in 2007, after it became public that he was a convicted rapist and had lied about his military past.

"Impoverished" tribe paid $850k to D.C. lobbying firms

According to lobbying records available at OpenSecrets.org, the impoverished Shinnecock Indian Nation has paid $850,000 to D.C. lobbying firms since 2004. However, two of the tribes long time lobbying firms appear to be working for the tribe pro bono.

Curious is that from 2005 – 2008, lobbyists at Wheat Government Relations and Franklin Partnership have been registered as representing the Shinnecock Indian Nation but neither firm has been paid by the tribe for its lobbying support during that period.

Wheat Government Relations registered these lobbyists to represent the tribe:

• Fein, Amanda Minguez, Annie (former aide to Rep. Charles Rangel)
• Sapio, Maryanne
• Shroyer, Julie E
• Wheat, Alan (former Missouri Congressman)

Franklin Partnership originally registered these two lobbyists:

• Guzik, John (former finance director, Michigan GOP; former deputy exec. dir. National Republican Congressional Campaign Committee; campaign strategist for Rep. Thad McCotter)
• Rose, Pete

While Guzik and Rose don’t appear to have been paid by the Shinnecock to represent the tribe's interest since they’ve been at Franklin Partnership; in 2004, when they were part of the Williams Mullen firm, the Shinnecock paid them $200,000.

Both Wheat Government Relations and Williams Mullen indicated, on amended lobbying registrations, they were not being paid by any "affiliated organization."

From 2004 through 2008, Gateway Casino Resorts, the Detroit-based casino syndication organized by Michael J. Malik, Sr. and Marian Ilitch to bankroll the Shinnecock tribe's effort to realize federal recognition and develop a casino resort on Long Island, reports it paid D.C. lobbyists an additional $600,000.

In combination, Gateway Casino Resorts and the Shinnecock Indian Nation have paid D.C. lobbying firms $1.45 million since 2004.

Intentional or not? Tribe's seasoned D.C. lobbyist has a history of negligent, delayed reporting

Consider that Richard Alcalde (aka Rick Alcalde) has been a D.C. lobbyist for more than a decade.

On 2.16.06, Potomac Partners D.C., a lobbying firm founded by Richard Alcalde, formally filed a lobbying registration form revealing it had been representing the Shinnecock Indian Nation for more than 10 months. Alcalde indicated on that registration form that the firm was not being paid by any affiliated organization to represent the tribe.

Potomac Partners D.C. then late-filed, on 3.02.06, both its Mid-Year 2005 and Year-End 2005 reports of lobbying activity on behalf of the Shinnecock which totaled $120,000 in payments.

And then, more than three years after Alcalde (Potomac Partners) was hired to represent the Shinnecock Indian Nation, Alcalde amended the original registration form to indicate that an affiliate of the tribe, Gateway Casino Resorts, was paying the tribes bills and directing its lobbying activity.

Based on details available at OpenSecrets.org -- and the reliability of Alcalde's disclosures -- Alcalde and his firm Potomac Partners D.C. have been paid $430,000 to represent the Shinnecock starting in 2005.

Detroit-based Gateway Casino Resorts is one of several entities formed by Michael Malik and Mrs. Marian Ilitch to bankroll the Shinnecock tribe’s efforts to receive federal recognition and then build a casino resort on Long Island. Potomac Partners D.C. and its lobbyists (Alcalde and Daniel Feliz) have represented other Malik/Ilitch affiliates as well: MJM Enterprises & Development and Blue Water Resorts.

In recent years, Acalde has found himself in the middle of several Capitol Hill scandals involving Rep. Jerry Lewis (R-CA) and Rep. Don Young (R-AK). Notably Alcalde is at the middle of an ongoing investigation into a $10 million highway earmark for a Florida interchange (Coconut Rd.) reportedly carried by Young. That scandal involves Alcalde’s clients including Daniel J. Aronoff; Aronoff’s Landon Companies and its associates; Florida Gulf Coast University; and others. As TPMmuckraker.com and the Wall Street Journal reported, Alcalde is one of Young's "A-Team" of lobbyists who are to be granted unfettered access to Young's staff.

Young was the former chair of the House Resources Committee and until recently was ranking member of that committee which oversees Indian matters.

Attorneys tied to Aronoff and Ilitch helped them raise funds for Reps. Don Young, Candice Miller and others

Attorney Harold S. Fried, is president of the Michigan-based law firm Fried Saperstein Abbatt PC. Fried has represented Daniel J. Aronoff’s Landon Companies as confirmed in court documents filed 9.30.05 (Landon Development Corp. v. Target Corporation) and Minutes of the Novi Planning Commission. Fried and Aronoff are anchored in Michigan but both have residences and business interests in Florida. Aronoff’s Landon Development/Edison Farms and an office of Fried Saperstein are both located at 800 Seagate Dr, Naples, FL.

A Naples News article published 4.16.06, “Money a motivator in I-75 earmark?” indicates Fried helped Aronoff with a Florida fundraiser for Alaska’s Rep. Don Young that has now come into question as part of an alleged pay-to-play scandal involving a $10 million earmark for a Florida interchange.

According to the Michigan Bar Association member directory, Sarah Deson-Fried, Harold Fried’s wife, in 2003 she joined the Troy, MI law offices of Miller Canfield Paddock & Stone PLC as senior counselor in its real estate group; however, she’s no longer featured on the Miller Canfield Web site. Deson-Fried was a gubernatorial appointee to the Michigan Humanities Council Board of Directors and was elected its treasurer in 2005; however she resigned the post in 2007 with two years left on the term. She is also affiliated with HSL Investments, LLC.

The Michigan Humanities Council Web site lists the following as its largest donors for FY 2005:

Friends in FY 2005



Sage ($1,000 and over)
Daniel & Nancy Aranoff, Bloomfield Hills
Sarah Deson-Fried, Birmingham
Fried Sapersten Abbat PC
Miller, Canfield, Paddock & Stone
Marilyn Williamson, West Bloomfield

When it comes to defending high profile clients on criminal and personal matters, Harold Fried is frequently called upon by Michael Ilitch to represent his Red Wings players and several family members. And the Miller Canfield firm which employed Deson-Fried in its real estate group represented Ilitch/Detroit Tigers, Inc. in matters related to the development of Comerica Park; and handled business matters for Little Caesars Enterprises, Inc. and Ilitch Holdings.

A review of political contributions using OpenSecrets.org, suggests that when clients like Aronoff and Ilitch called upon Harold Fried to support political candidates they were trying to influence, Fried and his wife jumped on the bandwagon.

Between 1999 and 2005, the Frieds frequently made political contributions which mirrored contributions made by Daniel Aronoff and/or his wife Nancy. The beneficiaries of their political generosity included Reps. Don Young, Katherine Harris, Mario Diaz-Balart, and Thad McCotter among others.

Records available via CSPAN indicate Sarah Deson-Fried participated in a 3.11.03 fundraiser hosted by Detroit’s Ilitch family and attended by their friends, associates and a stable of their attorneys who raied money for Rep. Candice Miller. The fundraiser was held less than a month after Rep. Miller had introduced her first bill in Congress, H.R. 831, intended to pave the way for a Port Huron casino backed by Ilitch and friends. That bill was co-sponsored by Rep. Don Young.

Fried’s roster of high-profile clients who call when they’re in trouble includes:

*Sergei Fedorov, at the time one Mike Ilitch’s star skaters on the Detroit Red Wings, was arrested in 2001 after failing a field sobriety test and charged with driving while impaired. (Click-On Detroit)

*Bob Probert, another Red Wings player who was arrested in 1989 for smuggling cocaine and subsequently served three months in federal prison. (St. Petersburg Times)

*Nellie Varner, a former University of Michigan Regent who along with Herb Strather founded Atwater Entertainment Associates (MotorCity Casino), faced allegations of possible involvement in the 1998 murder of her daughter's ex-boyfriend. (Michigan Daily)

*Ronald Ilitch, the eldest son of Mike and Marian Ilitch, who was arrested on domestic violence charges in 2004 involving a girlfriend, Lisa Wood. Ilitch ultimately plead guilty to the charges. (Detroit Free Press)

*Fried also represented Ron Ilitch in a 1997 divorce proceeding. (Oakland Co. Courts)

*Michael Ilitch, Jr., another of Mike & Marian Ilitch's sons, has reportedly struggled with addictions during his life. Fried attempted to get Ilitch’s previously suspended Michigan drivers license re-instated during court proceedings in 2000. (Oakland Co. Courts)

Fried’s scruples have been questioned over the years:

In 1996, an Administrator representing Michigan’s Attorney Grievance Commission alleged that Fried and several colleagues participated in a scheme to counsel clients, who were dissatisfied with the judge assigned to their case, to retain an attorney related to that judge as co-counsel, solely for the purpose of removing the judge from their case. The Administrator alleged that Fried and the others received compensation based on their ability to get a client’s case transferred to another judge. (Grievance)

During a 2006 trial on wrongful discharge claims brought by a former Clerk of the 48th District Court (Bloomfield Township, MI), the Detroit Free Press reported that jurors heard testimony which alleged: “Harold Fried, an Oakland County defense attorney who has raised tens of thousands of dollars for myriad judicial candidates, routinely distributed tickets to prized sports events in an effort to curry favor with court employees.” (Detroit Free Press)

List of Michigan donors to Alaskan's Midnight Sun PAC is rather Dis-Honorable

The list of donors from Michign who have ever given money to the Midnight Sun PAC, Rep. Don Young's so-called leadership PAC, is rather short as one might expect given Young hails from Alaska. Just five donors. But those five donors, some bordering on infamous, made seven contributions totaling $23,500.

Further, a review of the short-list reveals a rather "Dis-Honorable Roll" of donors.
Ironically, book-ending this list are Detroiters Herbert J. Strather and Michael J. Malk, Sr.; one time partners, who respectively made the first and last contributions Midnight Sun PAC has ever received from Michigan donors. And sandwiched in the middle is Daniel J. Aronoff.

Malik and Strather were behind the legalization of commercial gambling in Detroit and were considered founders of Detroit's MotorCity Casino. However, the pair were among a handful of "investors" who were disqualified from receiving gaming licenses by the Michigan Gambling Control Board (MGCB) and as such had to dump their interests in the casino before it could open its doors. Among various considerations, Malik had recently been arrested for beating the 12-year-old son of a girlfriend and reportedly had IRS issues; and Strather, among other things, had previously been convicted of bribery.

Malik
For nearly a decade, Mike Malik has sought Rep. Young's help advancing unorthodox plans the casino syndicator is bankrolling for an Indian Casino in Port Huron, Michigan; and other earmark matters involving the Bay Mills Indian Community. (Anchorage Daily News: Alaska's Young a leader in Michigan Indian casino fight).

In 2005-06, Malik and his partners, members of Detroit's Ilitch family, were among the top five donors to Young's political committee and they gave Young the highest grossing day of fundraising he had in that entire two year campaign cycle . Only those affiliated with Veco (Bill Allen, Rick Smith), JHT Holdings (Dennis Troha) and Carnival Corp. contributed more than Malik/Ilitch Family. Vecco execs have plead guilty to political corruption charges and Troha has already been indicted on similar charges he "reimbursed" family members who contributed to various candidates.

Mike Malik is developing a pattern of political campaign finance violations. His affiliate Barwest LLC (another of his partnerships with Detroit's Marian Ilitch) was found to have violated California's political reform laws on two counts for failing to disclose a $26,600 contribution it made to former Rep. Richard Pombo's County GOP Victory Committee. Malik used Barwest to front private aircraft travel for Rep. Young.

Malik is the subject of an ongoing investigation by California's Fair Political Practices Commission (FPPC) because he denied making another $26,000+ in contributions to the committees of various California lawmakers in 2006 -- at the same time the previous FPPC investigation was concluding.

Strather & Dalgleish
Similarly, Herb Strather has bankrolled efforts to get approvals needed to build a large casino resort on Cape Cod in partnership with the Mashpee Wampanoag Indian Tribe. Young sat as Chair, Vice Chair and then ranking member of the House Resources Committee which has oversight for Indian matters.

Strather put $4 million into a hidden fund that enabled his partner, former tribal chairman Glenn Marshall, to carry out a scheme of illegal campaign finance activity including reimbursements to other so-called "donors." Marshall and other such "donors" from the tribe contributed to Midnight Sun PAC on the same date Strather and Mary Ann Dalgleish, a Strather & Associates Vice President, contributed to the PAC. We will assume Strather knew better than to reimburse Dalgleish for her contribution.

Dalgleish was apparently one of 100+ "investors" Strather recruited to syndicate Atwater Entertainment Associates LLC in the mid-1990s although Dalgleish had a personal history of financial hardship. AEA is the entity Strather syndicated to bankroll the legalization of gaming in Detroit and start MotorCity Casino. Dalgleish may also have been an investor in AtMashpee LLC, the syndication Strather organized to bankroll the Mashpee Wampanoag casino plans.

Aronoff
Appearing predictably on the PAC list three times -- and of all things, at the center of the list -- is Daniel Aronoff, perhaps so far the most publicly notorious donor on this list. (Note that the entry for Aronoff's most recent contribution has his last name misspelled as Aaronoff -- error or intention?).

Aronoff owns land in Florida and is the Michigan-based real estate developer at the center of the scandal and investigation into a $10 million earmark advanced by Rep. Young that was designated for improvements to the Coconut Road interchange off Florida's I-75. The project would have significant value to Aronoff who was a prodigious fundraiser for Young.

Aronoff, Malik and Strather have similar patterns of interaction with Young and have been significant bundlers/fundraisers for Young's various political committees, GOP causes and closest allies (former Reps Richard Pombo, John Doolittle, etc.). They've flown Young around in private aircraft, organized fundraisers, hired the some of the same notorious lobbyists and in exchange, sought help from Rep. Young above and beyond the norm.

Wend
The fifth Michigan donor on the list is Dennis Wend, who is referred to as a government employee albeit the only government employee from Michigan to contribute to Midnight Sun PAC -- and contribute $3,000.

Wend is executive director of technology transfer at the United States Army Tank Automotive Research, Development and Engineering Center, located at the U.S. Army Tank-Automotive and Armaments Command in Warren. He contributed to Midnight Sun PAC only after he was given the spotlight in 2004 & 2005 at Alaska's Clean Energy Symposium I & II.

Quid pro quo? Congressman takes contributions from Casino Syndicator, Lobbyist after carrying their bill

Quid pro quo? Was that the intent or understanding of contributions delivered to Rep. Alcee Hastings (D-FL), a senior member of the Rules Committee in the U.S. House of Representatives?

TVT has previously reported that Detroit-based casino syndicator Michael J. Malik, Sr., made a first-time $2,000 political contribution to Florida Rep. Alcee Hastings on 10.10.08. And we explored the circumstances that might have motivated that Malik contribution.

Now, TVT has discovered that apparently ten days before Malik showed his generosity to Hastings, Malik’s lobbyist, former Rep. Alan Wheat (D-MO) also contributed $2,000 to Rep. Hastings. And there are other circumstances that suggest the contributions from Malik and Wheat were tied together.

It does not appear that either Malik or Wheat had ever contributed to Rep. Hastings’ political committees prior to 9.30.08.

As it turns out, Rep. Hastings, a senior member of the House Rules Committee, had carried a Resolution into the House last summer (H.R. 1298) which was the vehicle by which H.R. 2176 came to the floor and was put to a full vote. Had the later bill been approved, it would have paved the way for Malik to build and manage an Indian casino in Port Huron, MI.

Wheat Government Relations, a D.C. lobbying firm headed by former Rep. Alan Wheat (D-MO) has represented both the Bay Mills Indian Community (1998-2008) and Blue Water Resorts (2004-2008), the syndicated enterprise bankrolling the Port Huron casino scheme. Blue Water Resorts is tied directly to Michael Malik. Additionally, a lobbying disclosure report indicates Blue Water Resorts is “affiliated” with the Bay Mills Indian Community; that is, paying the tribe’s lobbying bills and directing the tribe’s lobbying activity. Blue Water Resorts is also affiliated with MJM Enterprises & Development, another lobbyist employer supporting the Port Huron casino scheme. Malik clearly is directing the entire effort from the wings, hiding behind these various affiliates.

Wheat, Malik and the Bay Mills tribe have been trying to get several bills shaped as land claims settlements approved by Congress since 2002; but their other attempts to get congressional action that could result in the ability to build a casino in Port Huron date back to 1998. The action by Rep. Hastings represents the first time one of their schemes has made its way onto the House floor for a vote.

Disclosure reports filed with the Federal Election Commission (FEC) indicate as follows:

Hastings for Congress reported receiving a $2,000 contribution on 9.30.08 from Alan Wheat, CEO at Wheat Government Realtions,1201 South Ends Street, Arlington, VA 22202.

Hastings for Congress reported receiving a $2,000 contribution on 10.10.08 from Michael J. Malik, Sr., a Developer at Wheat Government Relations, 1201 South Ends Street, Suite Two, Arlington, VA 22202. This record is makes false representations.

Despite what’s represented by Hastings for Congress in its disclosure records, Michael Malik is not employed by Wheat Government Relations nor is his primary address in Arlington, VA.

Did Hastings' treasurer get those details off the check the committee received? How did the treasurer make such an error when reporting contributions that were made at different times? And by different people? Odd.

But then again, maybe not.

Consider that Malik’s affiliates Blue Water Resorts and Gateway Casino Resorts employ the Wheat firm as lobbyists; as do the Bay Mills Indian Community and Shinnecock Indian Nation, two of Malik’s business partners. Malik is paying for and directing the lobbying activity of all four entities.

Malik is a business/real estate developer, casino syndicator and self-identified entrepreneur who is engaged in various partnerships with members of Detroit’s Ilitch family and whose various business enterprises are mainly located at the headquarters of Ilitch Holdings, Inc., 2211 Woodward Ave., Detroit, MI 48201 -- not in Arlington, VA.

And curiously, both Hastings for Congress transaction records reported the addresses at 1202 South Ends Street. However, Wheat Government Relations is actually located at 1202 South Eads Street.

There's little doubt that these contributions weren't actually bundled even though they're reported to be received ten days apart. If the checks had been delivered directly and separately by their makers, the details wouldn't have been confused. Malik would not have been recorded as an employee of Wheat Government Relations nor his address listed in Arlington, VA.

There can be little question about the motivations of Malik and Wheat.

But there should be a lot more questions put to Malik, Wheat and Hastings.

Former Interior Official says Rep. Don Young frequently pushes matters that aren't in the public interest and fails

In a story published 12.10.08 about Rep. Don Young (R-AK) losing his leadership position as ranking member on the House Natural Resources Committee, the Anchorage Daily News quotes Deborah Williams, a former Clinton Administration official who worked under Interior Secretary Bruce Babbitt as saying:

"When Don Young sought to advance the public good in that position, it was a pleasure to work with him and he was very effective."

"But again and again, when he sought to advocate for legislation or interests that were not in the public interest ... he was thwarted and spent a lot of energy and political capital on issues that did not advance."

Williams' statement is perhaps exemplified by the numerous failed schemes Rep. Young helped advance throughout the last decade intended to grant approvals for Detroit casino syndicators to build a third Bay Mills Indian Community casino in Port Huron, MI, 300+ miles by automobile from the tribe's reservation on Michigan's Upper Peninsula -- plans nevertheless backed by several of Rep. Young's more significant Michigan-based campaign contributors including Mike & Marian Ilitch and their Detroit-based gaming and development partner Michael J. Malik, Sr.

Proponents of the Port Huron casino schemes say the project would be good for the local economy. Opponents say the plan sets a dangerous national precedent for the approval and subsequent widespread expansion of off-reservation gaming establishments nationwide; and that non-Indian casino syndicators are simply exploiting tribes and seeking to find "reservation-shopping" loopholes in the Indian Gaming Regulatory Act (IGRA) so they can build, manage and profit from "off-reservation" Indian casinos located in more lucrative urban markets.

ADN article recounts Rep. Don Young's history with House Natural Resources Commmittee

12.10.08

Young bumped from top House committee spot
RESOURCES: Longtime chair acknowledges taint from federal investigation.

By ERIKA BOLSTAD

ebolstad@adn.com

WASHINGTON -- U.S. Rep. Don Young, who wielded considerable power on the House Committee on Natural Resources in the 1990s as chairman and in recent years as its senior Republican, on Wednesday lost his top spot on the panel...

...It definitely is the end of an era, said Deborah Williams, an environmentalist who now heads Alaska Conservation Solutions. In the Clinton Administration, Williams worked for then-Interior Secretary Bruce Babbitt as a top aide on Alaska issues while Young headed the Resources Committee. In that role, she often testified about Alaska-related matters at his committee meetings, and occasionally, sparred with him.

"When Don Young sought to advance the public good in that position, it was a pleasure to work with him and he was very effective," Williams said. "But again and again, when he sought to advocate for legislation or interests that were not in the public interest ... he was thwarted and spent a lot of energy and political capital on issues that did not advance."

Young took over the Resources Committee in 1995 after Republicans regained control of the House of Representatives in the 1994 elections. At that time, the Natural Resources Committee was renamed the House Resources Committee -- a signal that its focus would be less about conservation and more about resource development. At one of Babbitt's first meetings with Young at the helm, at a committee hearing on a federal wolf reintroduction program, he told Young: "Mr. Chairman, I have no doubt about who the alpha wolf is in this room."

Young held the chairmanship of the committee until internal House rules on term limits for committee chairmanships forced him to step aside for Rep. Jim Hansen, R-Utah. Hansen held the seat for two years before the Republican Young had mentored, Rep. Richard Pombo of California, took over as chairman.

Young then took over as chairman of the House Transportation and Infrastructure Committee, where he oversaw the $286.4 billion highway spending bill in 2005 that included money for what became known as Alaska's "bridges to nowhere." It also earmarked $10 million for the now-infamous Coconut Road interchange study in Florida that, this year, prompted Young's colleagues to ask for a federal investigation into how it was inserted in the bill... (Complete Story)

GOP pressures Rep. Don Young to step down as ranking member of House Natural Resources Committee

As reported by The Associated Press in an article published 12.11.08 in the New York Times:

Rep. Don Young of Alaska stepped down under pressure as the senior Republican on the House Natural Resources Committee, saying he wants to focus on clearing his name in a corruption investigation.

Three Republican officials said Young acted after House Minority Leader John Boehner of Ohio told Young privately he would oppose Young if he sought to retain his post. The officials spoke on condition of anonymity Wednesday, saying they were not authorized to discuss the events.

Rep. Alcee Hastings accepted $2000 from a gun toting, moose stripping Michigan Casino Syndicator

CNN reported on 9.24.08 that Rep. Alcee Hastings (D-FL 23rd) told a group of Jewish Democrats they should be wary of Republican VP nominee Sarah Palin because “anybody toting guns and stripping moose don’t care too much about what they do with Jews and blacks.”

But that apparently won't stop Rep. Hastings from taking their money.

Reallize that less than two weeks later, Rep. Hastings re-election committee gladly deposited a $2000 check from Michael J. Malik, Sr., a Detroit casino syndicator.

Did Hastings know that as Associated Press reports, Malik once paid $90,000 for the right to stalk elk in New Mexico? Or that in August, an Arizona Justice Court found Malik guilty of illegaly discharging a firearm too close to an occupied residence? Or that Malik is the owner of a 1000-acre commercial hunting property called Paradice Hunt Club located north of Gladwin, MI? (See: Map)

That probably doesn't matter because Hastings was in bed with Mike Malik several months before he made the derogatory comments about Gov. Palin.

On 6.25.08, Rep. Hastings brought H.R. 1298 to the floor of the House from the Rules Committee. (Read: Hastings Introductory Remarks)

That bill established and opened debate on H.R. 2176, a bill disguised as a land claims settlement for the Bay Mills Indian Community that was intended to pave the way for Malik to develop and manage an Indian casino in Port Huron, MI.

Seems that $2000 check from the gun toting, moose stripping Malik must have just been a little token of appreciation for the help Hastings provide in June.

What compelled Ilitch partner to engage former Judge impeached on bribery charges

So what might have compelled Detroit-based casino syndicator Michael J. Malik, Sr., to send $2,000 to South Florida Congressman Alcee Hastings (D-23rd) in the closing weeks of the Fall political campaign -- other than the fact that Rep. Hastings carried H.R. 1298 to the floor of the House on 6.25.08 which established the rules and opened debate on H.R. 2176?

Here are two things to consider:

1. Hastings is the senior member of the House Rules Committee. H.R. 2176, a bill that would pave the way for Malik to build and manage a Bay Mills Indian casino in Port Huron, Michigan, was defeated in the House on 6.25.08. However, official lobbying reports for the 3rd Quarter '08 indicate lobbyists for Malik's affiliates were still pushing for passage of H.R. 2176 this Fall. A friend with Rep. Hastings' possible sway on the House Rules Committee might be useful if one were trying to get a failed bill re-considered or otherwise use some loophole to slip through approval of the bill in the House.



2. As a report in National Review explains, Hastings was a federal Judge in Florida in the 1980s when it was alleged he solicited a bribe. Impeachment ensued in Congress. The House Judiciary Committee voted unanimously to impeach Hastings. The full House concurred by vote of 413 to 3. As it turns out, Rep. John Conyers (D-MI 14th) was Judiciary Committee chairman. Conyers helped draft the articles of impeachment and appeared as an impeachment manager before the Senate. It's reported that Conyers made perhaps the most compelling arguments during Hastings' impeachment proceedings. Hastings was impeached and removed from the federal bench.
   
   Fast forward several years to 1992 when Hastings resurrected his career getting elected to represent a South Florida district as a member of the same club that had previously knocked him off the federal bench.
   
   During the 110th Congress, Rep. Conyers was an outspoken opponent of H.R. 2176. After the bill passed favorably out of the Natural Resources Committee, Conyers pulled privilege and held a hearing on the matter before the Judiciary Committee which registered unanimous opposition to the bill. Conyers followed that up with a "Dear Colleague" letter signed by 52 other Members prior to the full vote of the House.
   
   So ... was it Hastings' apparent history involving bribes that attracted Malik or the fact that they have a common foe in Conyers? Or both?

TVT previously posted details about what appears to be a $2,000 campaign contribution Mike Malik sent to Rep. Hastings.

That contribution caught TVT's attention because Hastings' re-election committee reported to the FEC that Detroit-based Malik is employed by Wheat Government Relations, a firm headed by former Rep. Alan Wheat (D-MO), at an address in Arlington, VA.

Actually, at least five Malik affiliates and partners employ lobbyists at Wheat Government Relations. Among them, Blue Water Resorts affiliated with MJM Enterprises and the Bay Mills Indian Community, Gateway Casino Resorts affiliated with the Shinnecock Indian Nation, and BarWest LLC.

Malik's business partner is Mrs. Marian Ilitch, owner of Detroit's MotorCity Casino. The Ilitch family owns the Detroit Tigers, Detroit Red Wings and Little Caesars Pizza.

Tribe's contributions to Rep. Stupak have remained virtually hidden

During the 2008 campaign cycle, Rep. Bart Stupak (D-MI 1st) received five contributions totaling $4,900 from the Bay Mills Indian Community. But that detail isn't easily discoverable when searching standard political donor data bases at often referenced sites like fec.gov, OpenSecrets.org or CampaignMoney.com.

Generally, contributions to federal political committees are restricted to individuals but through loopholes, tribes are able to make contributions. Most searchable donor data bases aren't able to recognize records for organizations so a search of the donor "Bay Mills Indian Community" isn't likely to pull up any results.

However, using a new resource available on the Federal Election Commission's Web site, its possible to recognize contributions from tribes during the 2008 campaign cycle if you search a specific candidate's donor records.

By reviewing "Candidate Details" for Rep. Stupak and then exploring "itemized individual contributions" it's revealed that the following flowed from the Bay Mills tribe to Rep. Stupak during the 2008 campaign cycle:

06.08.07 - Bay Mills Indian Community - $1,000
09.04.07 - Bay Mills Indian Community - $1,200
09.04.07 - Bay Mills Indian Community - $1,300
05.27.08 - Bay Mills Indian Community - $400
08.11.08 - Bay Mills Indian Community - $1,000
09.30.08 - Bay Mills Indian Community - ($300) refund

The Bay Mills Indian Community's Brimley, MI, Reservation sits within Stupak's congressional district. Over the last decade, Stupak has introduced a handful of failed bills in Congress to resolve so-called land claims the tribe has made to property in a subdivision called Charlotte Beach. In the 110th Congress, H.R. 2176 was defeated by an overwhelming vote in the House of Representatives.

Had any of Stupak's bills been approved by Congress, they would have paved the way for a group of casino syndicators behind the Bay Mills tribe, to build and manage a casino in Port Huron, Michigan.

It appears that the tribe made several contributions to Stupak during the 2004 & 2006 election cycles as well. That's in addition to more than $40,000 that has flowed to Stupak from those pushing the Port Huron casino including Michael J. Malik, Sr., and Mike and Marian Ilitch.

Rep. Hastings FEC disclosures falsely identify Detroit casino syndicator as employee of lobbying firm

Campaign finance disclosures submitted to the Federal Election Commission (FEC) by the re-election committee of Rep. Alcee Hastings (D-FL 23rd) indicates a Michael J. Malik contributed $2,000 to Hastings' committee on 10.10.08. The official report filed with the FEC indicates Malik is employed as a Developer by Wheat Government Relations [a D.C. lobbying firm] and identifies Malik's address at 1201 South Ends [sic] Street, Suite Two, Arlington, Virginia, 22202.

Wheat Government Relations' Web site does not identify an employee named Malik and there is no one named Michael Malik registered as a lobbyist with Wheat Government Relations.

There is a Detroit casino syndicator named Michael J. Malik, Sr. whose gaming affiliates include MJM Enterprises & Development, Blue Water Resorts, Gateway Casino Resorts, and BarWest, LLC. The later three are Wheat Government Relations' clients. Blue Water and Gateway are "affiliated organizations" known to be paying the bills and directing lobbying for two Indian tribes respectively that are also registered as Wheat clients: Bay Mills Indian Community and Shinnecock Indian Nation.

During the 110th Congress, Rep. Hastings was senior member of the House Rules Committee, chairman of the Legislative and Budget Process Subcommittee; chairman of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission); and co-chairman of the Florida congressional delegation.

Lobbyists pushing casino related bill previously rejected in the House of Representatives

Although H.R. 2176 was overwhelmingly defeated in the U.S. House of Representatives on 6.25.08 (2nd Quarter '08):

• Blue Water Resorts, LLC, paid $40,000 to Wheat Government Relations to lobby in support of H.R. 2176 during the 3rd Quarter '08.



• Blue Water Resorts, LLC, engaged Dykema Gossett in 3rd Quarter '08 to lobby in support of H.R. 2176.



• Patton Boggs LLP, Zell & Cox P.C., and Wheat Government Relations all filed 3rd Quarter '08 lobbying disclosures indicating they were pushing support for the passage of H.R. 2176 on behalf of the Bay Mills Indian Community. Wheat reports being paid $20,000 during the 3rd Quarter but failed to report whether or not an affiliate, Blue Water Resorts, was paying the tribe's bill.



• Franklin Creek Consulting and Potomac Partners DC reported they had lobbied on behalf of MJM Enterprises in support of legislation to support the land claims settlements described in H.R. 2176. Potomac Partners reported being paid $10,000 by MJM Enterprises but failed to disclose whether or not affiliate Blue Water Resorts was paying MJM's lobbying bills.

Sources: OpenSecrets.org; Lobbying Disclosure Act Data Base

Wheat Government Relations continues a complex web of lobbying engagements for Casino Syndicator

Wheat Government Relations has been registered as lobbyists for the Bay Mills Indian Community for a decade, and for the last five years Wheat has also represented the tribe's casino development partner Blue Water Resort, LLC.

Wheat filed two amendments to its 1st Quarter '08 lobbying disclosures for the Bay Mills tribe. In the second amendment (third try), Wheat disclosed that Blue Water Resorts was an affiliate of the Bay Mills Indian Community: paying the tribe's lobbying bills and directing its lobbying efforts.

This past year, Wheat Government Relations hired Alexander J. Beckles, LLC, to lobby on matters related to the Bay Mills Indian Community. Blue Water Resorts is likely paying Beckles' bills.

Beckles was legislative director for Congressman Edolphus "Ed" Towns (D-NY 10th) from 1992-2007.

Alan Wheat was a regular contributor to Edolphus Towns' campaign committee from 2002-2007.

Amended lobbying registration reveals Casino syndicator paying Tribe's bills

Akerman Senterfitt has been lobbying on behalf of the Bay Mills Indian Community since 6.01.08. The D.C. lobbying firm registered as the tribe's lobbyists on 6.24.08.

Akerman Senterfitt filed an amended registration on 7.21.08 disclosing that Blue Water Resorts, an affiliate of the Bay Mills Indian Community, would be paying the tribes bills and directing lobbying efforts.

Joe Findaro is the Akerman Senterfitt lobbyist representing the Bay Mills Indian Community (Blue Water Resorts).

Casino syndicator Michael J. Malik, Sr., is the manager of Blue Water Resorts, LLC. The company's address is recorded at 2211 Woodward Ave., Detroit, Michigan -- the headquarters of Ilitch Holdings, Inc. Marian Ilitch and Malik have partnered on various casino ventures and members of the Ilitch Family are behind his plans to build a Bay Mills Indian casino in Port Huron.