Friday, February 08, 2008

Dykema Gossett attorneys surfed TheVerifiableTruth.com for half a day

Given the pending threat of a congressional investigation into so-called "land claims" settlements put forth by two Michigan Indian tribes and their financial backers; attorneys at Dykema Gossett, the Michigan-based law firm, have spent more than four hours surfing more than 400 posts at TheVerifiableTruth.com -- namely posts linked to this file: UPDATE: Posts set context and detail schemes, conflict$ behind Detroiters' off-reservation casino proposal

Dykema Gossett represents the gambling interests of Michael J. Malik, Marian Ilitch, the Bay Mills Indian Community, MotorCity Casino and others.

Lance Boldrey, the head of Dykema Gossett's Indian Law practice was at one-time lead counsel on Indian matters for former Michigan Governor John Engler. Boldrey was involved in negotiations between the Bay Mills Indian Community and Governor Engler's administration over claims to 110-acres in the Charlotte Beach subdivision east of Barbeau, Michigan. The so-called "settlement agreement" would give the Bay Mills tribe the right to develop an off-reservation casino in Port Huron, Michigan; nearly 350 miles from the tribe's existing reservation. Shortly after Engler signed the agreement and left office, Boldrey joined Dykema Gossett and counted among his clients casino syndicator Michael J. Malik and his partners the Bay Mills Indian Community.

Mike Malik wins big with the proposed Port Huron casino; no license required, less taxes


The Michigan Gaming Control Board denied Michael J. Malik a license in 1999 requiring him to sell his ownership in Detroit Entertainment, LLC (what would later doe business as MotorCity Casino). Mr. Malik however is relentless in his quest to profit in an ongoing way from a Detroit area gambling establishment.

Since 1993, Malik (and his various partners including the Ilitch Family) has pushed plans to locate an off-reservation Bay Mills Indian Community casino in the greater Detroit area (the tribe already has two casinos on its Brimley, MI reservation):

• (1993) first at the former Sears store in downtown Port Huron;
(1994) with Harrah’s in Port Huron Township;
• (1994) with Harrah’s in the Foxtown area of downtown Detroit;
• (since 2001) at the Thomas Edison Inn site in the City of Port Huron.

Blue Water Resorts, LLC, a Malik-created entity, had a “management” contract with the Bay Mills Indian Community which was converted to a “consulting” contract in late 2007. The converted agreement grants Malik the exclusive right to develop and run a Bay Mills Indian Community off-reservation casino in the Port Huron area should he be able to secure approval for such a facility on the tribe’s behalf. Malik’s venture stands to take in up to 30% of the net profits of any such casino for the first seven years of operation. The tribe would have additional debt owing Malik’s venture for up to 30 years. A “consulting” contract does not require the approval of the National Indian Gaming Commission (NIGC). Malik, in effect, avoids licensing scrutiny by the NIGC.

By securing the rights to develop and manage an off-reservation casino for the Bay Mills Indian Community on some parcel in Port Huron, Michigan; Malik gets the financial benefit of a significant gambling facility located in the greater-Detroit market but isn’t required to get a license from the Michigan Gaming Control Board.

Further, by securing rights to an Indian casino rather than a commercial casino; Malik and his partners will pay significantly less tax to state and local authorities.

The three commercial casinos in Detroit – of which Malik was denied a partnership interest in 1999 – are required to pay the State of Michigan 12.1% of net gaming revenues and the City of Detroit 11.9% of net gaming revenues.

An off-reservation Indian casino managed by Malik’s Blue Water Resorts, LLC would be required to pay the State of Michigan 9-13% of net gaming revenues on a sliding scale and would only be required to pay the City of Port Huron 2% of net gaming revenues leaving at least 9.9% of net gaming revenues on the table. The Bay Mills/Malik venture would not be required to pay neighboring cities, townships or the County of St. Clair any percentage of net gaming revenues (literally tens of millions of dollars each year).

Tribal land claims may be investigated

as posted 2.08.08 by Daniel Munson at C-MLife.com:
Saginaw Chippewa Indian Tribe Chief Fred Cantu Jr. questioned the motives of a rival tribe's attempts to gain land in the Port Huron area on Wednesday at Capitol Hill.

Cantu called two bills that would award land to the Bay Mills Indian Community for casinos a "scam from the start" and may have forced an investigation into the legality of its land claims.

Cantu testified in front of the House Committee of Natural Resources.

"In this case, I think what's being taken under advisement is for the committee recommendation to launch an investigation," said Joe Sowmick, Saginaw Chippewa's public relations director.

If approved, the two bills would settle land disputes among the state of Michigan, the Bay Mills Indian Community and the Sault Ste. Marie Tribe of Chippewa Indians.

Along with Cantu's testimony, representatives from the Bay Mills and Sault Ste. Marie tribes presented their positions.

Jeff Parker, president of the Bay Mills executive council, focused on the relocation of Bay Mills' 110-acre Upper Peninsula Charlotte Beach land claim promised by former Gov. John Engler.

"The governor insisted that we locate replacement lands in a community that was desirous of hosting us," Parker said during the hearing. "We have done that. That community affirmatively wishes our tribe to locate its replacement lands there."

Lawmakers in support of the bills included House Representative Candice Miller, R-Harrison Township and the two sponsors of the bills, state representatives Bart Stupak, D-Menomonee, and John Dingell, D-Dearborn.

Cantu said Port Huron is not an appropriate location for the settlement.

"The passage of this legislation will encourage tribes to create or exploit a land claim by seeking to replace lost lands with lands in profitable gaming markets, without regard to whether they are entering into the territory of another tribe," Cantu said.

Officials who lobbied against the bills included Detroit Mayor Kwame Kilpatrick, and House Representatives Carolyn C. Kilpatrick, D-Detroit; Mike Rogers, R-Clinton Township; John Conyers, D-Detroit; Shelley Berkley, D-Nevada; and Bennie Thompson, D-Mississippi.

"At the very least I think we were able to state our position rather well," Sowmick said. "It allowed us to meet with not only other congressional leaders but some of the other people in Washington to let them know that we firmly believe in reservation business on reservation lands."

Cantu said in a press release that Bay Mills' intentions became more clear at the hearing.

"What we now know is that these bills have nothing to do with protecting innocent landowners (at Charlotte Beach), but it was scam from the get-go so these tribes could get casinos 350 miles from their reservations," he said.

The House Natural Resources Committee could vote on the bill by next Wednesday, but Cantu said he would appeal to the U.S. Department of the Interior for an investigation into the two tribes claims.
http://media.www.cm-life.com/media/storage/paper906/news/2008/02/08/News/Tribal.Land.Claims.May.Be.Investigated-3197206.shtml

Turtle Talk posts '02 & '07 Bay Mills Indian Community settlement agreements

on 2.08.08 the blog Turtle Talk has posted the following:
Granholm Amendment to Bay Mills Charlotte Beach Settlement
As reported earlier, here is the amendment to the Bay Mills Indian Community settlement agreement executed last November.

Thursday, February 07, 2008

"Big Guns" come out to battle on Capitol Hill over off-reservation casinos in Michigan

2.07.08

Big guns join casino battle
Flint emerges as clear option to Romulus

By MIKE CONNELL
Times Herald

The long-stalled proposal for a Port Huron casino led to a 3½-hour sparring match Wednesday between several Capitol Hill heavyweights.

"We are not asking for off-reservation gambling, we are simply asking for the settlement of land claims legitimately made by our governor and the tribes," argued Rep. John Dingell, D-Dearborn, the dean of the House and the sponsor of one of the two bills under debate.

"Congress has never passed a gaming compact," countered Rep. Carolyn Cheeks Kilpatrick, D-Detroit, chairwoman of the influential Congressional Black Caucus and mother of Detroit's mayor.

The two bills, one introduced by Dingell and the other by Rep. Bart Stupak, D-Menominee, are meant to settle a land dispute dating to the 1850s.

Stupak's bill would provide the Bay Mills Chippewa with land in Port Huron in exchange for giving up its claim to 110 acres at Charlotte Beach in the Upper Peninsula. Dingell's bill offers the Sault Chippewa, which also has a Charlotte Beach claim, a casino site in either Flint or Romulus.

The political wrangling - seven members of Congress spoke in support of the bills and seven spoke against it - was hardly the day's only highlight. Among other headlines:

Detroit's embattled mayor, Kwame Kilpatrick, made his first appearance on Capitol Hill in the two weeks since the text-and-sex scandal erupted.

With his mom looking on, he seemed at ease. "We're pitting Port Huron against Romulus against Detroit," he testified. "There aren't new gamers coming into the city of Detroit. ... Another casino in the mix will only hurt the vitality of all these casinos."

Flint emerged as a clear alternative to Romulus as the location for a Sault Chippewa casino.
Rep. Dale Kildee, D-Flint, an expert on Indian law and earlier a vigorous opponent of the land deals, threw his support behind the bills. "I have to consider the economic realities of my hometown," he explained, and he proceeded to skewer most of the legal objections raised by opponents of the measure.

The chief of the Saginaw Chippewa, which has joined MGM Mirage in financing the campaign to block the two casinos, tossed out a bombshell in the hearing's final minutes.
Chief Fred Cantu said he suspects the Charlotte Beach land claims were "a scam from the outset." He said he will ask the Department of Interior to investigate allegations of fraud.

The 49-member committee could vote on the two bills as early as next Wednesday, but Rep. Kilpatrick closed the hearing with an appeal for a postponement.

"We don't want to be party to anything criminal," she said. "I would just implore the committee to look further into the matter."

Miller speaks out
It wouldn't be the first such delay. The original Port Huron casino bill was introduced 5½ years ago by former Rep. David Bonior. He gave up his seat to run for governor in 2002, but the casino banner was picked up by his successor, Rep. Candice Miller, R-Harrison Township.
She made a passionate appeal Wednesday, saying: "Port Huron is a beautiful city, a proud city, which has fallen on extremely difficult economic times."

Miller noted there are gaming facilities across the river in Point Edward and Sarnia, "where 80% of their revenue is from Americans." She observed how every elected official who represents Port Huron supports the casino.

"We are not asking for a handout," the congresswoman said. "We are simply asking for fairness, and for an opportunity."

Disgraceful tactics
Miller and Dingell also criticized casino opponents, who they said have hired public-relations consultants to set up shell companies to attack the bills.

Gambling Watch, incorporated in mid-January by Republican consultant Lori Wortz of Lansing, has used mass mailing to attack the casinos as a threat to Michigan families. Wortz counts MGM Mirage among her clients.

Americans for Gaming Reform, created three weeks ago by Democratic consultant Peter Ragone of California, has launched a radio blitz in Detroit and bought full-page ads in Washington. He has declined to identify his financial backers.

"Much of the opposition is based upon greed," Miller said.

She and Dingell both likened the tactics to those used by Jack Abramoff, the disgraced Republican lobbyist who helped block earlier Port Huron casino bills while being paid more than $14 million by the Saginaw Chippewa.


Mike Connell can be reached at (810) 989-6259 or
mconnell@gannett.com.

Two off-reservation casinos proposed for Michigan short-change local cities

According to the Michigan Gaming Control Board (MGCB) Web site, the commercial casinos in Detroit pay 12.1% of net gaming revenues to the State of Michigan and 11.9% of net revenues to the City of Detroit.

According to reports in the Port Huron Times Herald, the new agreements negotiated by the Bay Mills Indian Community (Michael Malik's Blue Water Resorts) and the Sault Ste Marie Tribe of Chippewa Indians which would allow an Indian casino in Port Huron and Romulus respectively require those tribes to pay just 2% of net revenues to the cities. That leaves 9.9% on the table by comparrison to the taxes the Detroit commercial casino are required to pay. And it sets up a sliding scale to the state of between 9-13% of net revenues -- likely several percentage points lower than what the commercial casinos are required to pay the state.

Clearly these off-reservation Indian casino operators and the managers who negotiated the agreements on their behalf (Michale J. Malik/Marian Ilitch) will pay significantly less to the cities of Port Huron and Romulus than the commercial casinos are required to pay to the City of Detroit.

Detroit's Mayor testifies against off-reservation casino bills

2.07.08


Kilpatrick criticizes bill on casinos
Mayor says having sites in Romulus, Port Huron would hurt Detroit

By TODD SPANGLER
FREE PRESS WASHINGTON STAFF

WASHINGTON -- Saying legislation that would allow for Indian casinos in Romulus and Port Huron is pitting some of Michigan's neediest cities against each other and Detroit, Mayor Kwame Kilpatrick asked a congressional committee Wednesday to turn it back.

It was the first Capitol Hill appearance for Kilpatrick since the Free Press reported two weeks ago on thousands of text messages that revealed an affair between the Detroit mayor and his former chief of staff -- a relationship both denied under oath during a court case last summer.

During his testimony before the House Natural Resources Committee, Kilpatrick seemed at ease, defending his city from incursions he said no one should doubt would hurt Detroit's three casinos.

"We're pitting Port Huron against Romulus against Detroit," he told the committee, with his mother, Rep. Carolyn Cheeks Kilpatrick, looking on.

While Kwame Kilpatrick, his mother and another Detroit Democrat, Rep. John Conyers, opposed the measure, it had its supporters -- including Rep. Candice Miller, a Harrison Township Republican whose district includes Port Huron, and Rep. John Dingell, D-Dearborn, whose district includes Romulus.

Dingell said he has studies to prove that a casino in Romulus will help Wayne County. Port Huron, meanwhile, has an unemployment rate three times the national average and a Canadian casino just across the St. Clair River.

At issue are 2002 settlements signed by then-Gov. John Engler with the Bay Mills and Sault Ste. Marie Chippewa tribes. In exchange for dropping long-standing claims to land in the Upper Peninsula, the tribes would get land for the casinos.

MGM Grand Detroit casino is opposed to the legislation. But Detroit's other two casinos are either in favor or silent. Marian Ilitch, who owns MotorCity Casino, is a partner in other ventures with Michael Malik, who wants to develop Port Huron's casino for the Bay Mills tribe. The Sault Ste. Marie tribe wants to open the Romulus facility while still running Greektown Casino.

"Much of the opposition is based upon greed," Miller said.

The House committee is expected to make any changes to the bill next week and then move it, though whether it gets a floor vote is iffy. The position of House Speaker Nancy Pelosi of California is unknown, but Senate Majority Leader Harry Reid, D-Nev., is opposed.

Contact TODD SPANGLER at 202-906-8203 or at tspangler@freepress.com.

Gov. Patrick against Mashpee casino proposal for Middleborough

2.07.08

Governor opposes casino land request
Urges US to deny tribe's petition in effort to maintain state control

By Matt Viser
Globe Staff

Governor Deval Patrick asked the federal government yesterday to reject efforts by the Mashpee Wampanoag tribe to place its planned casino site in Middleborough in a federal trust, an attempt by Patrick to steer the tribe toward a state-issued casino license that would garner far more money for Massachusetts.

With billions of dollars at stake, Patrick's move was part of a brewing dispute over what form expanded gambling could take in Massachusetts and whether it will be controlled by the state or by the tribe and the federal government.

If the tribe is able to win federal trust status for the land, the property effectively becomes sovereign territory, and the state risks being shut out of a share of gambling proceeds. State regulators would not have any sway over details like zoning, traffic, environmental impacts, and public safety. The value of any future state-licensed casinos would also be diluted.

By filing his 125-page objection with the Bureau of Indian Affairs, the governor officially planted his flag in the Middleborough casino debate for the first time. While the subtext was clear - a fight over money - the administration hinged its arguments yesterday on jurisdiction, saying that trust status would deny the state any control over a host of issues.

Patrick supports tribal gambling, but on the state's terms. He has proposed a state licensing system for three resort casinos in the state and would give a bidding preference to Indian tribes in Massachusetts. Administration officials have been meeting with Wampanoag representatives to discuss the possibility of the tribe bidding on a state gambling license.

While Patrick's move could help him gain negotiating leverage, it is unlikely to persuade the federal government to deny the Wampanoag trust application, specialists say. States have little influence over whether Indian tribes are able to place lands in federal trust, even for the purpose of building casinos.

"The governor has no voice in the matter," said Dennis Whittlesey, a Washington-based lawyer specializing in Indian law. Last year, he represented the town of Middleborough in negotiating a deal that requires the tribe to pay the town $7 million a year if a casino is built.

"The governor can complain all he wants, but it does not matter," Whittlesey said. "He has no input."

The governor's filing yesterday questioned the actions of former tribal chairman Glenn Marshall, who resigned in August after news surfaced of a past rape conviction and his misrepresentation of his military record. The state's document states that Marshall, who was involved in negotiating the contract between the tribe and its outside partners, is a subject of a federal investigation by the Internal Revenue Service and the Justice Department.

It also says that the financial deal between the tribe and its outside investors has not been disclosed to the state and that, without details, there is no evidence that the tribe would receive the most benefit from a casino.

"We have significant concerns about the initial proposal," Daniel O'Connell, Patrick's economic development secretary and chief gaming adviser, said in an interview yesterday. "We don't think it has enough information provided. Not enough work has been done to make the case for land [to go] into trust."

Administration officials have met with tribal leaders three times and have another meeting planned later this month, to discuss both the tribe's plans for the land and the administration's concerns.

"The tribe continues to have productive discussions with the Patrick Administration," tribal council chairman Shawn Hendricks Sr. said in a written statement yesterday. "We have clearly stated our reasons for sovereign land, and the governor has clearly stated his questions and concerns for the Commonwealth. We look forward to working through the issues raised with him, and I am confident we can do so."

The tribe won federal recognition last year, which set it on course to build a resort casino with 4,000 slot machines, table games, a 1,500-room hotel, and a host of amenities, including a golf course. The next critical step for the tribe is getting federal approval to place its land in trust, a process that can often take years.

When the tribe won recognition, Patrick telephoned the tribal council to extend his congratulations, and they agreed to further talks about taking land into trust.

Tribal leaders have said they would pursue a casino license under the governor's proposed legislation, which would legalize three casinos in Massachusetts. But given the political uncertainty of the proposal, which has not yet been taken up in the House, the tribe is also pursuing a plan to put the 539 acres in Middleborough into federal trust, which would effectively make it part of the tribe's reservation.

Other states have handled the situation similarly, opposing initial applications on a legal or technical basis with the hope of gaining political leverage and negotiating power.

"Very few governors from the get-go come out in support of those applications," said Steven Light, codirector of the Institute for the Study of Tribal Gaming Law and Policy at the University of North Dakota. "It's a political thicket. It's a sticky issue for them."

What is unusual is that, in Massachusetts, the governor is simultaneously pushing for legalization of casinos under a proposed state law.

Governor Tommy Thompson of Wisconsin opposed applications in the 1990s. In Oregon, Governor Ted Kulongoski in 2005 came out in support for an Indian casino in the Columbia River Gorge. Governor Tim Pawlenty of Minnesota initially opposed casinos, but then embarked on a failed bid to develop a joint partnership between the state and the tribes.

Sean Murphy of the Globe staff and Globe correspondent Christine Wallgren contributed to this report. Matt Viser can be reached at
maviser@globe.com.

Wednesday, February 06, 2008

Sault Tribe changes its tune when it comes to Act of Congress allowing off-reservation gaming in Michigan

Compare what the Chairman of the Sault Ste Marie Tribe of Chippewa Indians had to say before a congressional committee on 10.10.02 about Charlotte Beach land claims with what the Chairman of the Sault Tribe had to say about those same claims at a hearing before the House Natural Resource Committee hearing 2.06.08.
In 2002, the tribal chairman said, "The Charlotte Beach claim did not originate with Bay Mills. It was the product of a Detroit area attorney who developed it specifically as a vehicle to obtain an IGRA casino. This attorney approached the Sault Tribe first with the claim, but we turned him the deal down. He then took the claim to Bay Mills, who joined him up on his scheme. This attorney, Robert Golden, then represented Bay Mills in both court cases. The goal never was to recover the Charlotte Beach lands...Bay Mills is apparently fronting for a group of non-Indian movers and shakers who have carried Bay Mills along on their casino quest."

He went on to say the deal was a "very bad idea. It accomplishes nothing that it purports to do and much that should not be done... It revives a claim Bay Mills has lost, rewarding shady dealings in the process. Indian policy should suffer no further distortion in favor of non-Indian interests lurking behind tribes like Bay Mills. If Congress sanctions this sham, the lines will grow long of those who will surely follow."

Just today the tribe's chairman said, "Federal, state and local officials — Democrats and Republicans — support the agreement with Bay Mills and the Sault Tribe as a fair way to address the Charlotte Beach land claim within the confines and spirit of the law...Quite frankly, the loudest arguments against H.R. 4115 and H.R. 2176 come from Las Vegas casino interests and gaming tribes that do not want competition to their own businesses. Our interest is that we are justly compensated for the illegal land taking from our tribe and that the titles are cleared for the many families who today own homes on Charlotte Beach lands."

Michigan congressional delegation not united behind off-reservation casino proposals

02.06.08

Michigan delegation splits on casinos

By KEN THOMAS
Associated Press Writer

WASHINGTON — A House panel considered legislation Wednesday that would clear the way for Indian casinos in Romulus and Port Huron, a plan that has divided Michigan's congressional delegation over the expansion of gambling.

Six Michigan House members testified on the measures to advance the two proposed off-reservation casinos, pitting the state's economic concerns against those who wish to halt additional gambling facilities.

The legislation before the House Natural Resources Committee would resolve a century-old dispute, providing land to house the two new casinos in exchange for the settling of 110 acres of land claims around Charlotte Beach in the Upper Peninsula.

"By ratifying these two settlements, Congress has an opportunity to right a wrong and bring an end to a land dispute that has been going on for over 100 years," said Rep. Bart Stupak, D-Menominee.

Stupak called the dispute a "food fight" among the delegation.

Supporters said the communities should have the opportunity to compete for the jobs and tax revenues that come from casinos in a state battered by the loss of manufacturing jobs and the nation's highest unemployment rate.

A Port Huron city official testified the city's unemployment rate was about three times the national average and the casino would help diversify its economy. In sum, the two casinos would "create thousands of well-paying, union jobs," said Rep. John Dingell, D-Dearborn.

But opponents said the planned casinos were 350 miles away from the tribes' Upper Peninsula reservations and said it was a backdoor way to approve new casinos. State voters, they said, approved a referendum in 2004 to limit the expansion of gambling unless there was a statewide referendum.

The state's gambling compact with Indian tribes prohibits off-reservation gambling unless all the tribes agree to a revenue sharing plan.

"These two bills are simply an attempt to circumvent both the will of the people of Michigan and the compact the Michigan State Legislature has made with the tribes in Michigan," said Rep. Carolyn Cheeks Kilpatrick, D-Detroit.

Rep. Mike Rogers, R-Brighton, said the casinos would bring some economic burdens to the area, cannibalizing local businesses and requiring local governments to deal with the societal ills of gambling. "We are going upset our apple cart in southeast Michigan," he said.

Detroit Mayor Kwame Kilpatrick, who has been embroiled in a sexy text-messaging scandal in his hometown, also testified in opposition to the new casinos. They would bring competition to Detroit's three state-licensed casinos, which took in $1.3 billion in revenue in 2007.

The mayor said the Detroit casinos were a key engine to the city's efforts to transform itself and adding more casinos to the region would "inhibit our ability to revitalize."

"We don't have a market for another casino. These casinos will take substantially away from the city of Detroit," Kilpatrick said.

Then-Gov. John Engler negotiated agreements in 2002 that would allow the Sault Ste. Marie Tribe of Chippewa Indians and the Bay Mills Indian Community to take land in Romulus and Port Huron, respectively, and build casinos. In return the tribes agreed to give up their claim to the property in the Upper Peninsula.

Voters in both cities have supported the agreement, but the deal needs congressional approval.

The House bills have created unusual alliances, with support coming from Stupak, Dingell, and Republican Rep. Candice Miller of Macomb County's Harrison Township. Opponents include Democratic Reps. John Conyers and Carolyn Cheeks Kilpatrick of Detroit and Republican Rogers.

Sens. Carl Levin and Debbie Stabenow, D-Mich., have expressed support for the Port Huron bill but have not taken a position on the Romulus proposal.

During the hearing, some lawmakers invoked the name of disgraced lobbyist Jack Abramoff, who worked on behalf of tribes with lucrative casinos to block competition. Miller waved a mailer that has been circulated in her district from a group called Gambling Watch, which she said was backed by a political consultant who has worked for gambling interests.

"It's all about greed," Miller said.

Abramoff was a prominent Washington lobbyist before allegations that he defrauded Indian tribes, including the Saginaw Chippewa of Michigan, led to his downfall and a prison sentence.

Saginaw Chippewa Chief Fred Cantu said the bills were "a scam from the get go so these tribes could get casinos 350 miles from their reservations."

Rep. Dale Kildee of Flint, a leading Democrat on the committee, said he had been troubled by the creation of offsite casinos in the past but said he would support the bills because of Gov. Jennifer Granholm's support of the bills and the economic problems in his hometown.

The Interior Department opposes the legislation because it would prevent proper consultation with neighboring tribes, and with local and state governments that might be affected by the land deal, said Carl Artman, assistant secretary for Indian affairs for the Interior Department's Bureau of Indian Affairs.

But the bills appeared to have key support in the committee, which is expected to consider the legislation on Feb. 13. Chairman Nick Rahall, D-W.Va., rejected arguments that the measures amounted to "casino-shopping," while Rep. Don Young, R-Alaska, said the added competition would boost "all the revenues of all the casinos" in the area.

story also available at: http://www.chron.com/disp/story.mpl/ap/fn/5519744.html

Michigan delegation divided over off-reservation casinos

2.06.08

Hearing for 2 new Mich. casinos divides crowd
Some fear Detroit will be hurt, others seek job creation

By TODD SPANGLER
FREE PRESS WASHINGTON STAFF

WASHINGTON -- A proposal to allow two new Indian casinos in Michigan -- one in Romulus and one in Port Huron -- split the Michigan delegation in a congressional hearing today, with Detroit's representatives set against an idea they believe could hurt the city.

The hearing before the House Natural Resources Committee, which oversees American Indian affairs, attracted a wide range of witnesses, including much of the congressional delegation, officials from the tribes themselves and embattled Detroit Mayor Kwame Kilpatrick.

In his prepared remarks, the mayor said: "Clearly, this legislation would severely harm our city's ability to rebuild and revitalize. We have made great strides and will continue to do so. The investments and the revenues from our three hard-fought-after casinos are paramount to these efforts."

His mother, Rep. Carolyn Kilpatrick, and Rep. John Conyers, both Detroit Democrats, argued against the bills, saying they allow for off-reservation gambling in violation of state and federal laws and will damage competition in Detroit's casinos.

But others, including Rep. John Dingell, the longest-serving active member of the House, support the proposals, saying they are needed to create jobs in his district, which includes Romulus.

In his prepared remarks, the Dearborn Democrat said the Romulus project will bring 2,700 "well-paying, on-site union jobs" to the area, not to mention construction jobs.

He also noted the legislation would settle land claims brought by the Bay Mills Indian Community, which wants to build a casino in Port Huron, and the Sault Ste Marie Tribe of Chippewa, which would build the new casino near the Detroit airport in Romulus.

The hearing was expected to last for several hours with a long list of witnesses.

CA voters approve four gaming compacts

2.06.08

Voters back gambling measures

By Nancy Vogel, Los Angeles Times Staff Writer

SACRAMENTO -- Measures to uphold an expansion of gambling at Indian casinos were headed for victory with about 90% of the state's precincts counted this morning, while an initiative to adjust the Legislature's term limits was behind. Roughly 56% of voters favored Indian gaming propositions 94, 95, 96 and 97. About 53% of voters opposed the term limits measure.

Another measure, Proposition 92, to guarantee community college funding, was rejected by about 58% of voters. As expected, voters also appeared to be rejecting a transportation funding measure, Proposition 91, that had been abandoned by its authors months ago.

A strong lead opened early for the gambling measures, which would give state taxpayers a share of slot machine revenues.

"Right now it looks like the voters are saying yes to hundreds of millions of new dollars each year," Roger Salazar, spokesman for the Yes on Propositions 94, 95, 96 and 97 campaign, said Tuesday. "We hope when the final tally comes in that will still be the case."

Scott Macdonald, spokesman for the campaign that opposed the casino measures, acknowledged late Tuesday that the returns so far "don't look good."

The battle was hard-fought, Macdonald said, even though opponents of the gambling propositions were outspent 4 to 1, because "people have serious reservations about what's in these compacts."

The gambling propositions asked voters to uphold or nullify four agreements negotiated by the governor and approved by the Legislature.

The pacts were forged to allow four Riverside and San Diego county tribes to add 17,000 slot machines to the 8,000 they already operate. In return, the tribes would pay the state a combined minimum of $123 million a year and up to 25% of the revenue from the new machines.

Advertisements for and against the measures have dominated airwaves for weeks. The campaign came within a few million dollars of breaking a record. Both sides raised a total of $147 million, just shy of the $152 million campaign over a 2006 oil tax initiative.

The four tribes with agreements at stake -- the Agua Caliente Band of Cahuilla Indians, Pechanga Band of Luiseño Indians, Morongo Band of Mission Indians and Sycuan Band of the Kumeyaay Nation -- said the deals could be worth $9 billion to the state over the next 22 years.

Opponents called that a rosy assumption and argued that the agreements would further enrich four tribes without increasing payments to tribes without gambling operations or with small casinos.

The four referenda were financed by Terrence Fancher, who manages companies that own California horse racetracks and have a stake in a Las Vegas casino; the casino workers union Unite-HERE, which dislikes labor provisions in the compacts; and two tribes that struck different gambling agreements and different revenue-sharing arrangements with Gov. Arnold Schwarzenegger in 2004...

EDITORIAL: Gambling facility alone won't solve Port Huron's economic fortunes

2.06.08

City's casino bid deserves a fair shot
Foes' motivation questionable

The quest for a Port Huron casino should never be viewed as the answer to the city's problems. A gambling facility alone won't solve unemployment or reverse the city's failing economic fortunes.

A Port Huron casino still could be a valuable asset. Its supporters insist it could create thousands of jobs and bring new visitors to Port Huron. Most important, the casino could compete against Canadian gambling facilities across the St. Clair River in Point Edward and Sarnia - two destinations for American gamblers.

Port Huron deserves its own casino. City residents said so in a 2001 advisory vote, but Port Huron's bid for a gambling facility remains an uphill struggle.

A variety of forces, gambling foes and those who represent communities that already have casinos and see more as unwanted competition, stand in the way of Port Huron. The Bay Mills Indian Community wants to establish a casino in the city. To do so, it must win congressional approval - something that promises to see the project's opponents in full play.

Today, the Natural Resources Committee of the U.S. House of Representatives begins hearings on legislation that proposes to give Port Huron its casino. U.S. Rep. Bart Stupak, D-Menominee, introduced H.R. 2176, a bill that would settle a land claim with Bay Mills by according it land in Port Huron for a casino. A bill introduced by Rep. John Dingell, D-Dearborn, would settle a similar claim with the Sault Chippewa, who want to build a casino near Metro Airport in Romulus.

Detroit officials, including Rep. Carolyn Cheeks Kilpatrick, D-Detroit, are dead set against either casino. Kilpatrick and her son, Detroit Mayor Kwame Kilpatrick, among others, are scheduled to testify in opposition. Despite Detroit's three casinos, the prospect of competing facilities apparently poses too great a threat to the city's narrow self-interest.

Worse is the campaign of Gambling Watch, a new organization that opposes the two casinos. Created two weeks ago by Lansing public relations expert Lori Wortz, Gambling Watch is employing a direct-mail effort to block the casinos' approval through fliers to Michigan households. They urge recipients to defeat the casino proposals and urge them to contact five elected officials - Sen. Carl Levin, D-Detroit; Sen. Debbie Stabenow, D-Lansing; Rep. Dingell; Rep. Stupak; and Rep. Candice Miller, R-Harrison Township.

Miller has consistently supported Port Huron's casino bid. Levin and Stabenow also favor the proposal.

Wortz has admitted working for MGM Mirage, which spent at least $160,000 in lobbying efforts against the Port Huron casino in the first half of 2007, according to federal disclosure forms. Although she insists Gambling Watch is her own initiative, her past practice and the campaign's timing are suspect.

Miller will testify in favor of the casino bills. We wish her well.

Port Huron has waited long enough. This ought to be the year the city finally gets its casino.

Foes of off-reservation casinos in Michigan launch PR blitz

2.06.08

Casino foes launch blitzes in Detroit, D.C.

By MIKE CONNELL
Times Herald

A media blitz aimed at rallying opposition to proposed casinos in Port Huron and Romulus is being orchestrated by a public-relations consultant who has worked for some of the biggest names in Democratic politics.

Peter Ragone III confirmed he is president of the newly created Americans for Gaming Reform Inc., which has launched a radio campaign in Detroit and bought a full-page ad Tuesday in Roll Call, a newspaper that covers Capitol Hill.

"I organized it in the past month or so," Ragone told the Times Herald in a telephone interview Tuesday afternoon.

The media blitz appears timed to coincide with a congressional hearing today in Washington D.C. The 48-member House Natural Resources Committee is to hear testimony on a pair of bills that would open the door for two casinos, one near Metro Airport in Romulus and the other at either the Edison Inn or Desmond Landing in Port Huron.

Ragone said he intends to work on behalf of "sensible gaming policies" in Michigan and across the country. He would not reveal how much is being spent on the media blitz or who is financing the effort.

"I believe I'll decline the gracious offer to disclose the donors," he said.

News of his campaign came a day after the Times Herald linked a similar

effort to a Lansing public-relations firm with ties to MGM Mirage, which owns a casino in Detroit and strongly opposes competition in Port Huron and Romulus.

Making headlines
Ragone is well-known in Democratic political circles. He has worked with such party stalwarts as former Vice President Al Gore, former Housing and Urban Development Secretary Andrew Cuomo and former California Gov. Gray Davis.

A year ago, when Ragone was working as press secretary to San Francisco Mayor Gavin Newsom, both men made headlines.

Newsom, who was in the process of getting a divorce from Fox News anchor Kimberly Guilfoyle, publicly apologized for having a sexual affair with his campaign manager's wife. On the same day the mayor's scandal broke, Ragone admitted using fake names to post comments on Internet blogs. He initially denied doing so, which raised questions about his credibility with the local press corps.

Ragone said he left Newsom's staff last March and now works as an independent public-relations consultant.

Warning to Detroit
In Detroit, radio spots are warning of lost jobs and tax revenues if the two casinos are not stopped.

"If this legislation passes," one ad said, "there's no telling how many workers and families would be hurt."

The commercials urge Detroiters to share their concerns with Michigan's senators - Democrats Carl Levin and Debbie Stabenow. The targets suggest a strategy of fighting the legislation in the Senate if it moves through the House.

Stabenow has supported the Port Huron casino from the beginning. Five years ago, she introduced a bill that ultimately was blocked single-handedly by Sen. Harry Reid, D-Nev., now Senate majority leader.

Levin, who has served in the Senate for 29 years - longer than anyone in Michigan history - is the ranking member of the Senate Armed Services Committee. He began his political career in Detroit, where he sat on the city council from 1969 to 1977. He was neutral on the Port Huron casino until last summer, when he announced his support after appeals from several prominent residents.

One of Detroit's best-known radio personalities, Frank Beckmann of WJR-760, plans to address the issue this morning. His guests for a segment planned at 10:20 a.m. include Cliff Schrader, a former Port Huron councilman and a charter member of the Thomas Edison Casino Advisory Committee.

Targeting Congress
A full-page, four-color advertisement in Roll Call typically costs $12,470.

Tuesday's Roll Call ad, unlike the Detroit radio spots, made no mention of any individual member of Congress. It described the bills as "unprecedented" because they would allow two Chippewa tribes, Bay Mills and Sault, to develop casinos far from their reservations in the eastern Upper Peninsula.

"There's a reason why tribes all across the country oppose this legislation," the ad said. "It's been called 'an end run around the 1988 Indian Gaming Regulatory Act' and a violation of a longstanding compact that bans off-reservation casinos unless all of Michigan's tribes agree."

Those comments echo the criticisms voiced by representatives of the Saginaw Chippewa, which owns Michigan's largest and most profitable casino in Mount Pleasant. The Saginaw tribe considers Port Huron and Romulus as parts of its ancestral lands and fiercely opposes the proposed casinos.

Ragone said he was unfamiliar with the Saginaw Chippewa and declined to answer when asked if he had business ties to the tribe's main lobbying firm.

Similar campaigns
The campaign by Ragone's Americans for Gaming Reform is not unlike one launched by Gambling Watch, a corporation created in mid-January by another public-relations consultant, Lori Wortz of Sterling Corp. of Lansing.
Wortz, a well-known figure in Republican political circles and a key supporter of Mitt Romney's presidential campaign in Michigan, created a direct-mail campaign aimed at stopping the Port Huron and Romulus casinos. Her mailings carry a large headline - "Michigan Family Alert" - followed by the message: "Washington Poised to Force Two New Casinos on Michigan Families. Only You Can Stop the Special Interests."

Sterling Corp.'s clients include MGM Mirage, a giant in the casino industry and developer of an $800 million casino-hotel in Detroit.

In 2004, MGM Mirage, the Saginaw Chippewa and Sterling Corp. were key players in passage of Proposal 1, which blocked an effort to add slot machines at seven horse tracks in southern Michigan. It did so by amending the state constitution to require voter approval of new gaming facilities.

Campaign-finance statements show the Saginaw Chippewa contributed $9.45 million and MGM anted up $8.35 million to help win passage of Proposal 1. Combined, the two allies kicked in most of the $19 million spent on the effort.

Records show Sterling Corp. was paid about $2.9 million for its services in supporting Proposal 1, which passed easily.

Missing the point
Richard Cummings
, president of the Michigan Machinists and an architect of the effort to bring a casino to Port Huron, noted the proposal has won the support of Port Huron voters as well as every political leader - local, state, national, Republican, Democratic, independent - who represents the city.

"It's time that people started listening to the folks who are directly involved and not the rest of the country," he said.

Two gaming facilities - the Point Edward Charity Casino, located directly across the river from the Edison Inn, and Hiawatha Slots at a harness track in Sarnia - already exist in the larger community. The majority of visitors to those casinos are Michigan residents.

"One point that everyone misses is that we're not competing with Detroit or anywhere else for this market," Cummings said. "The market is right across the river where Americans go every day. They already have the opportunity to go to Mount Pleasant or Detroit. They can already go there today, but they're not. They're going to Canada. Port Huron is the only border crossing in Michigan without a casino on our side of the river."
Mike Connell can be reached at (810) 989-6259 or
mconnell@gannett.com.

Tuesday, February 05, 2008

Two new blogs regarding Charlotte Beach, MI and Indian land claims

TVT notes that blogger "Whisper" has brought our attention to these two resourceful blogs:

"Charlotte Beach Michigan" @ http://charlottebeach.blogspot.com/

" 'Wanted' Mackinac Band of Odawa & Chippewa lineal descendants" @ http://macbands.blogspot.com/

TVT has welcomed more than 178,000 unique vistors

TVT, founded in December 2006, has averaged more than 20,000 visitors annually. It is produced with the support of scores of individuals from coast-to-coast, each a volunteer citizen activist/jounalist, who review tips and compile the verifiable details and documents that are the hallmark of our content.

Since our first post, more than 178,000 visitors have accessed the details compiled uniquely at TVT.

The citizen activists behind TVT wish to extened a big "THANK YOU" to all those who have provided "tips" -- contributed pictures, documents, link suggestions, leads, reports, insight and comments. Your trust and confidence in TVT has allowed us to create a comprehensive resource that thousands of others -- including bloggers, journalists, Members of Congress and other local citizen activists around the country -- have come to rely upon.

We invite feedback and constructive comment and want you to know you are welcome to do that here in "comments" or by contacting us directly and confidentially via allverifiable@gmail.com

Google News: Indian Gaming

NEWS: Bay Mills Indian Community & Casino Proposals

NEWS: Shinnecock Indian Nation (Gateway Casino Resorts) Casino Proposals

NY Times: Shinnecock Indian Nation

NEWS: Los Coyotes Indian Tribe

NEWS: Los Coyotes / Barwest Barstow Casino Proposals

NEWS: Michael J. Malik, Sr.

NEWS: Marian Ilitch

Muckety.com: Mapping Social Networks

Play with the interactive tool here or visit Muckety.com

TIP: Search for multiple entries in the Muckety.com database simultaneously by separating their names with the word and

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

The Verifiable Truth