The Dykema Law Firm: the legal team behind the Bay Mills, Los Coyotes & Shinnecock Indian casino schemes

Local Law Firm Goes All In

By Randy J. Stine

The gaming law attorneys at Dykema in Downtown Lansing know it’s a bit of a gamble to try and get a casino built these days.The extensive regulatory system established in Michigan, under the Michigan Gaming Control and Revenue Act, makes the casino development process long and tedious.

“To say it is not easy to complete a casino project here in Michigan or anywhere else is an understatement,” says Jason Hanselman, an attorney specializing in gaming law at Dykema. “These projects can take from five to 10 years to complete.”

Dykema, which has just over 20 employees at its Lansing office, has been involved in nearly every aspect of casino gaming in Michigan, including the development of casino gaming on Native American land and the implementation of Proposal E that gained voter approval in 1996 and brought commercial casinos to Detroit.

“We actually helped draft the language in Proposal E in the mid-‘90s. Once it passed we worked to draft the final statute and regulations to implement casino gaming in Detroit,” Hanselman says.

The firm’s gaming law division assists clients on every aspect of casino gaming regulation, from contracts to real estate acquisitions to licensing and finally navigating the state and national regulatory process. “Michigan is known to have the most rigid gaming licensing processes in the country. [Michigan] prides itself on being the most rigorous licensing and regulatory jurisdiction,” Hanselman says.

Dykema attorneys are typically hired by a casino developer who in turn works in partnership with one of the Native American tribes, to get a project rolling. Hanselman explains, “It’s a gamble for the developers from the onset. They’ll pour a lot of money into projects that may never ever happen for whatever reason. There are lots of hurdles. ”

Michigan’s 19 tribal casinos, along with three commercial casinos in Detroit, operate under the authority of the Michigan Gaming Control Board.

Casino development in this state and elsewhere has been a huge area of economic growth over the past decade, Hanselman says. “It’s really a sign of the economic times. A lot of states see casinos as another source of revenue. It’s a chance to create a new tax base. Ohio recently enacted casino gaming and Illinois is moving in that direction.”

Gambling is no longer the big societal taboo, either, since you can now watch poker three nights a week on ESPN, he adds.

While development of tribal casinos in Michigan has slowed a bit recently, partly due to the maturity of the industry, charitable gaming has exploded, Hanselman says. “Michigan law allows nonprofit groups to obtain licenses to run millionaire parties. These groups raise a lot of money through fundraising. It’s been a huge growth area for us the past two years. We help nonprofits secure licenses, which they use as part of their fundraising activities. The demand [for licenses] is high,” he says.

Dykema’s Lansing office, which sits adjacent to Michigan’s Capitol Building in Downtown Lansing, also has Michigan offices in Detroit, Ann Arbor, Bloomfield Hills and Grand Rapids. In addition, Dykema has offices in Chicago, Dallas, Los Angeles and Washington, D.C.

Hanselman, who joined Dykema in 2001, works closely with Lance Boldrey on gaming issues at the firm. Boldrey, former deputy legal counsel to former Michigan Gov. John Engler, focuses on Indian law and is involved in lobbying federal and state decision makers.

Boldrey currently is working closely with a developer in New York on a casino project near New York City involving the Shinnecock Indian Nation.

“[Dykema] is currently working with them on site selection, so it is still in the predevelopment stage, but this could turn out to be one of the largest casinos in the country. We are optimistic we could be within a year or two of breaking ground. We also worked to have the Shinnecock tribe federally recognized, which happened last fall,” Hanselman says. “There are many, many facets to completing such a large project.”

Internet gaming and online poker will be the next big development in the gaming world, Hanselman predicts. In April, federal authorities shut down three of the largest offshore online poker sites and now there is a renewed effort to legalize and regulate Internet gambling in this country, he says.

“In fact, in Washington the group of 12 U.S. senators in charge of finding some $1.5 trillion in debt savings are eyeing Internet poker as a one of the means to doing it, so it’s coming. I think it is inevitable,” Hanselman adds.

Ilitch team out in full force with New York Casino gambling partner

Key members of Team Ilitch Gambling (Marian Ilitch's partner Michael J. Malik, Sr., and one of their senior Indian gaming attorneys R. Lance Boldrey of the Dykema Gossett firm) were out in full force with tribal leaders representing their New York casino development partner the Shinnecock Indian Nation at a 2009 New York Gaming Conference held in Sarasota Springs last week.

In an article published 7.01.09, "Shinnecocks still face obstacles in casino bid," Michael Wright in The Southampton Press reports:

At a gaming industry conference in Saratoga Springs last week, a host of industry veterans and members of other Native American tribes from around the state said—often with wry smiles—that they’re not holding their breath for a Shinnecock casino to open. Nonetheless, the tribe and its prospects for a casino on Long Island, or in the shadow of New York City, were a popular topic of conversation.

The tribe sent a 10-member contingent to the New York Gaming Summit, including Michael Malick [sic], co-owner of the Detroit-based casino development company [Gateway Casino Resorts] that has been funding the tribe’s legal battles over its gaming future since 2003. Also at the conference were the five salaried members of the tribe’s gaming authority, Tribal Trustee Fred Bess, former Trustee Lance Gumbs—who has been the most vocal member of the tribe in the casino effort—and at least two of the tribe’s attorneys.

In his keynote speech at the two-day conference, John D. Sabini, chairman of the New York State Racing and Wagering Board, focused on the Shinnecock casino bid, and the speculation the court settlement spawned. And in his remarks he seemed to warn the Shinnecocks that other tribal and private gaming prospects have seemed imminent in the past, and ended up languishing for decades.

The article featured these photos in a related image gallery:

Shinnecock Tribal Trustee Fred Bess (right) and Michael Malik (left) the controversial Detroit-based casino syndicator who along with Mrs. Marian Ilitch has reportedly formed the syndication, Gateway Casino Resorts, that's been bankrolling the tribe's drive for a casino since 2003.

Lance Boldrey (center) an attorney with the Michigan-based Dykema Gossett law firm and who represents various Detroit-based Indian gambling affiliates of partners Marian Ilitch and Michael Malik, chats with Shinnecock Tribal Trustee Lance Gumbs (left) and John D. Sabini, chairman of the New York State Racing and Wagering Board.

Candidate with ties to Aronoff considering campaign for Governor of Michigan

1.08.09

Patterson says, 'I know I can do better' as governor, plans on testing waters

BY TAMMY STABLES BATTAGLIA
FREE PRESS STAFF WRITER

Oakland County executive L. Brooks Patterson said he’ll formally announce Saturday he’s “testing the waters” on a run for Michigan governor in 2010.

“I know I can do better,” he said this morning. “I think I’ve proven that, if you look at how well Oakland County‘s managed and the things we’re doing here. I think we take the programs that are successful here and replicate that at the state level.”

Patterson said whether his bid becomes official depends on the response after his annual birthday bash Saturday night. At this point, he doesn’t have a war chest to finance a run, but he’s already had verbal pledges of support from around the state, he said.

"I don’t even have an exploratory committee,” he said today. “I’m going to send up a trial balloon. Right now, I’m just putting my name in the rumor mill.”

The Free Press reported Wednesday that supporters recently launched a Facebook group called “Draft Brooks Patterson for Michigan Governor.”

NOTE: A slush fund for Patterson's benefit was set up by lobbyists at Dykema Gossett and filled with money from affiliates of Daniel Aronoff (Landon Companies, Action Strategies, Inc.) and Harold Fried (Fried Saperstein Abbatt PC). Patterson used the fund to foot his travel bills and commission an artist's portrait of himself.

Slush fund bankrolled by Aronoff paid for fancy portrait of County Executive

A 527 Political Committee appears to have been a backdoor expense account for Oakland County (MI) Executive L. Brooks Patterson -- who has announced he's exploring a run for Governor of Michigan.

Among other things, that PAC known as “County Executive Administrative Account” paid $5,000 to The Portraits of Robert Maniscalco, Inc. located in Grosse Pointe, MI.

The Maniscalco Gallery’s Web site brags that the artist has “created portraits for a number of prominent individuals.” Among Michigan’s public officials, Maniscalco brags he has painted portraits of Wayne County Executive Robert Ficano and Oakland County Executive L. Brooks Patterson.

Maniscalco was commissioned to paint the portraits of Mike and Marian Ilitch, Detroit billionaires, which hang on opposite walls in the couple's dining room. They own the Detroit Tigers, Detroit Red Wings, MotorCity Casino and founded Little Caesars Pizza.

Disclosures note that “County Executive Administrative Account” (527 Committee) was organized by attorneys/lobbyists at Dykema Gossett PLLC. That firm has been Oakland County’s exclusive D.C. lobbying firm since 2003.

The 527 Committee was funded primarily by Action Strategies, Inc., an affiliate of the Landon Companies (Daniel Aronoff’s company), and Fried Saperstein Abbatt PC. Attorney Harold Fried has represented Aronoff’s interests.

Aronoff and Fried, who have development interests in Michigan and Florida, are at the center of a scandal and investigation involving a $10 million earmark for a Florida interchange advanced by Alaska’s Congressman Don Young -- among other pork, he advanced the "Bridge-to-Nowhere."

Detroit Free Press: Patterson says, 'I know I can do better' as governor, plans on testing waters

Dykema Lobbyists set up expense account for Oakland County Exec Brooks Patterson

Oakland County (MI) Executive L. Brooks Patterson stood for re-election in 2004. (Wikipedia: L. Brooks Patterson)

A 527 Committee (a PAC) formed in 2004 by attorneys/lobbyists at Dykema Gossett PLLC was used to fund travel and other expenses for Patterson under the radar. That PAC was known as “County Executive Administrative Account.”

Among other things the committee covered travel expenses of $8,157 so Patterson and Arab American business leaders could attend a Dykema marketing event in Washington, D.C.

In September 2004, Dykema Gossett PLLC launched a Mideast Practice Initiative.

Richard McLellan, then a Dykema Gossett partner, was to be leader of the firm’s new Mideast Practice Initiative. He was also head of Dykema’s Government Policy Practice Group. (Note: McLellan, one of former Michigan Governor John Engler’s closest pals, has ties to various Indian gaming proposals being bankrolled by Michael J. Malik, Sr. and Marian Ilitch. McClellan recruited Lance Boldrey, Engler’s former counsel for Indian matters, to Dykema Gossett in 2003. Together McLellan and Boldrey have advanced the Malik/Ilitch gambling agenda).

Since 2003, Oakland County’s D.C. lobbying needs have been handled exclusively by Dykema Gossett lobbyists working in that firm's Government Policy Practice Group.

In 2004 & 2005, Jennifer Shoha was a government relations professional with Dykema Gossett’s Government Policy Practice Group working in the firm’s Bloomfield Hills and Washington D.C. offices. The Dykema Web site notes she was responsible for the firm's relationships with the Arab American business community. Like Boldrey, Ms. Shoha joined McLellan at Dykema after working as the one-time Director of Governor Engler’s Southeast Michigan office.

During 2004 & 2005, Shoha was Chair of County Executive Administrative Account, the 527 Committee which was apparently a receptacle for corporate contributions used to cover various expenses for Patterson, Oakland County's Executive. It should be noted that during 2005, Shoha was also registered as a D.C. lobbyist for Oakland County.

Disclosures indicate that among other things, the 527 Committee funded $8,157 in travel expenses for Patterson to attend an inaugural event for Dykema’s Mideast Practice Initiative in June 2005; an event that clearly designed to benefit both McLellan and Shoha among others at Dykema.

The paperwork to set up the 527 Committee was handled by Dykema employee Wendy Seigel. At that time, she was an administrative assistant working under McLellan in Dykema's Government Policy Practice Group.

The Dykema team raised $34,050 for the 527 Committee from 2004-2005.

It's notable that more than 55% of the 527 Committee's money came from two related sources:

(1) Action Strategies, Inc., affiliated with Daniel Aronoff and the Landon Companies; and

(2) Fried Saperstein Abbatt PC, a law firm headed by Aronoff's outside counsel Harold Fried.

Before, during and after this period; affiliates of Aronoff and Landon Companies had ongoing legal and real estate development matters pending in Oakland County which among other things involved the Novi Promenade.

What's more, the Aronoff affiliate Action Strategies, Inc. contributed nearly three times more to the 527 Committee for Patterson than any other donor. Others who contributed included Dick and Elizabeth DeVos, Detroit Edison Company and Quicken Loans.

Aronoff and Fried, both of whom reportedly split time between Michigan and Florida, are at the center of a major political scandal and U.S. Justice Department investigation examining their fundraising and lobbying practices as tied to Alaska's Rep. Don Young and a $10 million transportation earmark for a Florida interchange (Coconut Rd.).

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

MotorCity Casino Lobbying Activity reported to be a fraction of Competitors' Spending

Of the various affiliates under the Ilitch Holdings, Inc. umbrella, we can find just two that are registered to lobby in Lansing: Detroit Entertainment, LLC and Detroit Tigers, Inc.

Detroit Entertainment LLC (DE LLC), the company that owns MotorCity Casino (MCC), is registered as a Lobbyist in the State Capitol. Rhonda Cohen, MotorCity’s COO, is recorded as the lobbyist’s signatory.

Cohen reported lobbying expenses of $20,900 in 2007; and just $6,750.00 so far for 2008. That's less than 10% of the lobbying expenses reported by MotorCity Casino's two competitors.

Cohen also records that DE LLC employs three firms as its lobbyist agents. Two of the three are among the top 100 lobbyists/agents in Lansing:

-Muchmore Harrington Smalley & Assoc. (ranked #5)
-Dykema Gossett PLLC (ranked #65)
-Honigman Miller Schwartz and Cohn

By contrast MotorCity Casino’s competitors have far out-paced the Ilitch gaming hall in lobbying expenses.

MGM Grand Detroit reported spending $124,946.50 in 2007 and $94,325.00 already in 2008. Las Vegas-based MGM Mirage is also registered as a Lansing Lobbyist but reported no expenses in 2007 or 2008. Both entities report employing two lobbying/law firms to represent their additional lobbyist agent needs: Dickinson Wright PLLC and Public Affairs Associates, Inc. (ranked #4).

Greektown reported lobbying expenses of $61,400.00 in 2007 but has spent just $2,400.00 so far this year. Greektown employs seven individuals and three larger firms as its lobbyist agents including Cusmano Kandler & Reed Inc. (ranked #17), Dykema Gossett PLLC (#65) and Scofes & Associates Consulting Inc. (ranked #20).

Michigan Campaign Finance Network: Michigan’s Top 200 Lobbyist 2007

Dykema lobbyists disclose they are behind Ilitch backed plans for Port Huron casino

According to official documents filed on 10.09.2005 with the U.S. Congress, nearly a week after the 110th Congress adjourned, the lobbying/law firm Dykema Gossett disclosed it had been lobbying on behalf of Michael J. Malik's Blue Water Resorts since 09.05.2008.

The official disclosure document indicates that two lobbyists, Nancy Barbour and Elliott Hall (also a lobbyist for Corning, Inc. and Ford Motor Company), were lobbying for the passage of H.R. 2176, a bill that was overwhelmingly defeated a little more than two month earlier (06.25.2008) on the floor of the U.S. House of Representatives.

OpenSecrets.org reports that attorneys affiliated with Dykema Gossett have contributed nearly $320,000 to federal election committees during the 2008 election cycle.

Blue Water Resorts has paid lobbyists at least $585,000. Another Malik controlled casino affiliate MJM Enterprises Development, founded in 1993, has paid lobbyists $710,000. The Bay Mills Indian Community has paid lobbyists $1,670,000. That's a total of almost $3 million to federal lobbyists.

Blue Water Resorts, L.L.C., was formed by Detroit casino syndicator Michael Malik on 07.10.2001. A second entity, Blue Water Resorts Manager, Inc. was formed by a Malik attorney on 09.06.2005. Both entities are believed to be the financing mechanisms for a proposed Port Huron Indian casino that Malik has proposed in partnership with the Bay Mills Indian Community.

Attorneys affiliatd with Dykema Gossett have been intimately involved with Malik's schemes for the proposed Port Huron casino dating back to Gov. John Engler's last term in office; notably, R. Lance Boldrey, a former aide and counselor to Engler who negotiated an agreement between the Bay Mills tribe and the State of Michigan that would pave the way for the off-reservation casino, and Richard McClellan, Engler's close friend and political operative.

Also backing Malik's Port Huron casino scheme are members of Detroit's Ilitch Family (Mike Ilitch & Marian Ilitch). Dykema represented Marian Ilitch in her acquisition of complete control of Detroit's MotorCity Casino in several public offerings intended to raise capital for Ilitch's purchase and expansion of MotorCity Casino. Malik was once a partner in MotorCity Casino but failed to receive a gaming license from the Michigan Gaming Control Board (MGCB).

Malik and senior members of the Ilitch Family have contributed nearly $800,000 to federal campaign committees during their pursuits for a Port Huron casino.

Michael Malik and partners funded Gov. Engler during gambling negotiations

According to reports made available via the Center for Public Integrity:

In 2002, Michael J. Malik, Sr., John Lufkins, the Dykema Gossett law firm and others associated with the unorthodox scheme to locate a Bay Mills Indian Community casino 350 miles from the tribe's reservation; contributed thousands of dollars to then-Michigan Governor John Engler -- the funds were directed to Engler's little known "leadership PAC." It was during 2002 that the parties lobbied Engler to reverse his long-held policy on gambling expansion and grant the Bay Mills Indian Community an agreement to establish a far-off gambling hall in Port Huron, MI.

Just months later, Engler's chief negotiator, R. Lance Boldrey would leave the Governor's office and join the Dykema Gossett law firm. Boldrey would include among his clients Malik and the Bay Mills Indian Community.

House Judiciary committee to probe matters surrounding Port Huron casino deal

Rep. John Conyers (D - MI 14th), Chairman of the House Judiciary Committee has scheduled a hearing of the committee to take up and investigate matters surrounding the so-called Land Setttlement Agreement between the Bay Mills Indian Community and the State of Michigan, H.R. 2176. Conyers opposes the bill which would allow the Bay Mills Indian Community and its financial backer Michael J. Malik, Sr. to build a casino located in Port Huron, Michigan, 350 miles away from the tribe's reservation.

Among other things, Conyers has expressed concern that Lance Boldrey, now an attorney with the Dykema Gossett law firm, had negotiated the unorthodox settlement as an aide to then-Michigan Governor John Engler; and then just months later was retained as a private practice attorney but the tribe's financial backer lead by Malik.

The hearing is scheduled for tomorrow, March 14, at 10:00 a.m. eastern time and will be Webcast live. Details at http://judiciary.house.gov/schedule.aspx

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.

UPDATE: Posts set context and detail schemes, conflict$ behind Detroiters' off-reservation casino proposal

This compendium of relevant posts was compiled to help set context and detail scheming, conflicts, etc. behind Ilitch/Malik backed casino plans for the Bay Mills tribe over the last decade:

Background

• Where in the world is "Charlotte Beach?"
• DISCOVERY: Historic Plat Maps for Charlotte Beach subdivision on Michigan's Upper Peninsula
  
• TIMELINE: Port Huron Casino
• Port Huron Columnist provides measured Q&A on Bay Mills casino circumstances
• Saginaw Chippewa tribe and others oppose off-reservation casinos in Port Huron & Romulus

Developer/Casino Interests not Indian’s driving casino scheme

• Michael Malik at epicenter; manufacturing behind the scenes drama in Michigan’s remote Charlotte Beach subdivision.
• Bay Mills renews casino contract with Mike Malik through 2010
• Bay Mills tribe modifies casino agreement with Blue Water Resorts LLC
• Detroit Free Press exposes Malik/Ilitch casino enterprises
• Four Charlotte Beach parcels purchased by Michael Malik or his associates since 2002
• Charlotte Beach real estate transactions involving Michael Malik haven't been impacted by any so-called "cloud" over title
• Developer's been chasing Tribe's off-reservation casino schemes for more than 15 years
• Why would attorney for Tribe's Port Huron casino developer be acquiring property up north in Charlotte Beach?
• Senators told Attorney proposed exploiting Charlotte Beach land claim not tribe
• Was it a law firm that first proposed Charlotte Beach land claims idea?
• Is the Bay Mills Tribe using Charlotte Beach land claims solely to leverage developer's off-reservation casino plans?
• Port Huron casino promoter fined for breaking California's political reform laws; denied a casino license in Michigan

Courts Denied Land Claims

• Courts Denied Bay Mills Indian Community's Charlotte Beach Land Claims
• Michigan Courts tossed out Bay Mills tribe's land claims to Charlotte Beach subdivision
• Federal Courts tossed out the Bay Mills Indians' Charlotte Beach land claims
• Bay Mills Indian Community v. Western United Life Assurance Co.; Federal court rejects Charlotte Beach land claims
• Bay Mills tribe's 'false land claim' in Charlotte Beach
• Bay Mills Indian Community is located 350+ miles from Port Huron, MI

Road to Port Huron

• Plans were to establish an Indian Reservation in Foxtown
• Boldrey, McLellan, the Dykema Gossett law firm and their connection to John Engler and the Bay Mills Indian Community
• Aide negotiated '11th Hour' Port Huron casino deal for Gov. Engler; then joined private practice, retained by those who got the deal
• Voters & local officials questioned Gov. Engler's flip-flop on casino policy and the Port Huron casino deal he signed on his way out the door
• In Governor John Engler's opinion, "Michigan has enough casinos"
• Signficant set backs for Detroit casino syndicators Mike Malik & Marian Ilitch in 2007
• Time for an updated advisory vote on Port Huron casino schemes?
• Boldrey apparently obtained a conflict-of-interest waiver from Governor Granholm allowing him to represent casino promoter
• Port Huron casino fight turns fierce, ugly
• The back story on the Port Huron casino proposal

Congressional goings on

• House Natural Resources Committee hearing scheduled Feb. 6 for two Michigan casino schemes
• Rahall pulls off-reservation casino bills from agenda for today's Natural Resources Committee hearing
• Speaker Pelosi asks that Port Huron casino bill be pulled
• Former partners Mike Malik and Tom Celani tied to tribes pushing off-reservation casino proposals in Congress next week
• Seven attempts by tribe's backers to win congressional approval for off-reservation casino using IGRA loophole
• Bay Mills' Charlotte Beach land claims dispute stalled, still needs Act of Congress
• Rep. Stupak again introduces bill for off-reservation casino; developer's 7th attempt at Port Huron casino scheme approvals
• Tribe hoped language slipped into 2004 Transportation Bill would grant approvals for Port Huron casino
• UPDATED: Tribal leader admits lobbyists were trying to sneak casino plans through Congress without alerting opposition
• DOI Assistant Secretary testified against Bay Mills land claims settlement before Senate Committee
• Tom Shields was spreading rumors about Sen. Harry Reid; now his team blames Reid
• Jeff Parker, Bay Mills' plastics ventures rumored to be subject of FBI investigation
• Compendium of posts regarding Bay Mills Indian Community's plastics ventures
• Sen. Reid says Bay Mills casino sets a very "dangerous" precedent

Political Ca$h and Lobbying Fee$

• Michael Malik and the Ilitch family have contributed more than $533,000 to "supporters" of the Port Huron casino proposal
• Ilitch Family, associate increased political campaign contributions 2000% in four year quest to expand their gambling empire
• $933,000 in Political Contributions
• $3,530,000 in Lobbying Fees
• Do these people really believe Marian Ilitch is a "homemaker" or are they playing along with the game?
• Foes of the Port Huron Casino?
• Granholm backs Port Huron casino; congressional hearing set for Feb. 6

Debbie Stabenow

• Publicist shines spotlight on Senator Stabenow & Rep. Miller after his clients invested $200,000 in their campaigns
• Sen. Stabenow restates her support for third Bay Mills casino, after Ilitch Family contributes $114,000 toward her re-election
• Dykema Gossett PLLC (Ilitch law firm) third largest contributor to Senator Stabenow’s re-election committee.
• UPDATE: More money (post election) to Sen. Stabenow brings total to $117,200 from Malik & the Ilitch Family

Candice Miller

• Rep. Candice Miller introduced HR 813 on February 13, 2003 to approve settlement of unsubstantiated land claims and a casino for Port Huron
• Bay Mills Indian Casino backers behind first fundraiser for Rep. Candice Miller
• GOP Congresswoman received at least $74,000 in bundled funds from Ilitch Family sources after introducing bill for syndicator-backed Indian casino
• "Candice Miller for Congress" failed to provide appropriate donor records for near-anonymous casino related contributions
• Michigan’s Political Ménage à Trois
• PR firm for Ilitch Holdings & Casinos loaned to Rep. Candice Miller’s re-election campaigns
• UPDATED: Donor's alleged mistress also gave $10,000 to two of his favorite candidates -- Rep. Candice Miller & Sen. Debbie Stabenow
• Ilitch administrative aide gives $5000 to Rep. Candice Miller
• The ties that bind Rep. Candice Miller to Mike & Marian Ilitch and their associated casino syndicator Michael Malik
• Mike & Marian Ilitch help Rep. Candice Miller by hosting Giuliani fundraiser at Detroit Tigers game

Carl Levin

• Port Huron Casino backers help raise nearly $100,000 for Sen. Carl Levin
• Sen. Levin announces support for Port Huron off-reservation casino in letter to city's Mayor
• Sen. Levin's decision to publicly support a Port Huron Casino is financially motivated
• UPDATE: Malik & Ilitch Family attempting to romance Senator Carl Levin up their anti doling out $18,400 on one day
• Casino backers deny thousands in contributions intended to influence U.S. Senator
• Why did Sen. Carl Levin's political committee return $4,600 from Mike Ilitch?

Harry Reid

• Ilitch Team's political contributions & influence helped Nevada's Sen. Harry Reid become Majority Leader
• Senate Majority Leader Harry Reid reportedly drops opposition to "off-reservation" casino
• Reid's previous position on third Bay Mills Casino plan for Port Huron
  

Michigan Resource Links - Gaming, Ilitch, MotorCity Casino, Mike Malik, Bay Mills Tribe

originally posted 8.04.07
updated 8.08.07; 8.18.07; 2.01.08

Boldrey apparently obtained a conflict-of-interest waiver from Governor Granholm allowing him to represent casino promoter

When did Lance Boldrey, a Michigan attorney with the firm Dykema Gossett and one-time counselor for Indian affairs matters in the administration of former Governor John Engler receive the conflict-of-interest waiver noted in today's Port Huron Times Herald article, "Casino fight turns fierce, ugly?"

...lawyer Lance Boldrey drafted the original Bay Mills land-settlement agreement as a legal adviser to Gov. John Engler. After Engler left office, Boldrey took a job with Dykema-Gossett, a prominent Detroit law firm.

In his new role, Boldrey is advising casino developer Mike Malik, who's positioned to make tens of millions of dollars in management fees if Bay Mills opens a Port Huron casino.

Under the Michigan Bar's code of ethics, Boldrey would be allowed to advise Malik only if he first obtained a waiver from Engler's successor, Gov. Jennifer Granholm.

Liz Boyd, the governor's press secretary, confirmed that Boldrey indeed has obtained such a waiver.

Iacocca in the middle of tribal dispute involving Barronhaus LTD and BarWest LLC

In a suprise turn of events, apparently Barron Maisel, principal at Palm Desert-based Barronhaus LTD, and a partner of the Los Coyotes Band of Indians, had represented he had entered into talks with Lee Iacocca and Full House Resorts to partner with the Los Coyotes Band of Cahuilla and Cupeno Indians on a casino resort going forward.

In an email between Dykema attorney Lance Boldrey and representatives for Lee Iacocca it was represented that Maisel was using a picture taken at a dinner in 2004 with Iacocca to prove Iacocca was now involved with Barronhaus LTD and the Los Coyotes Indians.

Attorney's at Dykema Gossett, representing both Full House Resorts and LCB BarWest, LLC confirmed in a telephone call and follow up correspondence that Iacocca and Full House had not entered into any discussions with Barronhaus LTD or the Los Coyotes Band of Indians.

Michael Malik sues Port Huron Casino competitor

8.11.07

DeFeo hit with lawsuit
One casino developer sues another

By MIKE CONNELL
Times Herald

St. Clair County’s dueling casino proposals clashed Friday when one developer sued the other, claiming trademark infringement and deliberate efforts to deceive investors.

“Our dream is for a successful project in Port Huron,” said Mike Malik, who hopes to replace the Thomas Edison Inn with an Indian-owned casino and a resort hotel built with a curving, ship-like shape. “We can’t let someone like this spoil all our dreams, all of our years of work.”

He was referring to Tony DeFeo, the Clinton Township entrepreneur whose proposed $600 million development in Kimball Township may — or may not — be anchored by what would be Michigan’s largest casino.

Malik’s lawsuit, filed in St. Clair County Circuit Court by attorney Gary Fletcher, seeks injunctive relief that would stop the Kimball project.

“It’s our hope that the court here will shut him down,” Malik said.

DeFeo referred questions to his attorney, Bob Vickrey of Clinton Township, who said he had not been served with the lawsuit as of Friday evening.

“Until I see it, I cannot comment on it,” he said. “I hope you can understand that.”

Malik has Ilitch ties
DeFeo and Malik share a common destination — establishing an Indian-owned casino in St. Clair County — but they have taken very different paths to get there.

Malik, 53, a former Algonac city councilman who grew up in Detroit and Clay Township, is closely associated with the Ilitch family, the founders of the Little Caesars pizza chain and the owners of the Detroit Tigers and Red Wings. He has been trying to develop a casino in Port Huron for more than 15 years.

His latest effort began in 2001, when city voters approved a casino in a nonbinding advisory referendum. Don Reynolds, the co-owner of the Thomas Edison Inn, led the effort to get the issue on the ballot.

A year later, Gov. John Engler and the Bay Mills Chippewa band agreed to a land swap. The tribe surrendered its long-standing claim to 110 acres at Charlotte Beach on the St. Marys River south of Sault Ste. Marie in exchange for a reservation at the 15-acre Edison Inn property. It does not authorize a casino at any other location.

The Engler-Bay Mills agreement requires congressional approval. Several bills have failed in the past five years, but the effort got a significant boost last month when Michigan’s senior senator, Carl Levin, announced his support. Levin, chairman of the Senate Armed Services Committee, is one of the most influential figures on Capitol Hill.

"We are professionals at what we do," Malik said from his office on the 10th floor of the Fox Theatre Building in Detroit. "And by the way, we’re not looking for anyone’s money."

DeFeo gets Kimball OK
DeFeo, 55, a native of New York state, has been energetically seeking investors in his projects.

Two years ago, he proposed building a casino, water park and two separate 500-room hotels in downtown Port Huron. At a presentation to the City Council in March 2006, he also spoke of taking over the management of McMorran Place.

When the Port Huron project stalled, he shifted his target to a 420-acre site beside the Horizon Outlet Mall. Last month, the Kimball Township Planning Commission signed off on plans for a $600 million development that would include a 505-room hotel, 7,800-seat arena, 8,000-seat stadium and a 400,000-square-foot convention center — a facility larger than the Novi Expo Center.

Township Supervisor Tom Portis confirmed Friday there has been no formal mention of a casino.

“The township has received nothing in writing about a casino,” he said.

Malik’s lawsuit contains a floor plan that he said was provided to a potential investor in the Kimball casino. It promises a 307,000-square-foot casino — or seven acres — with 5,310 games including 5,220 slot machines.

If built, the Kimball casino would surpass the Soaring Eagle Casino in Mount Pleasant as the state’s largest.

The label on the Kimball floor plan calls it the Blue Water Resort Casino, a name that Malik contended is meant to cause confusion with his company, Blue Water Resorts LLC.

“DeFeo’s use of the name Blue Water Casino is confusingly similar to plaintiff’s name and appears purposefully designed to confuse investors, the public and public officials,” the lawsuit said.

Lawsuit outlines troubles
Dykema Gossett, one of Michigan’s largest law firms, helped prepare the lawsuit, a hefty document that includes a detailed summary of DeFeo’s past legal problems.

Malik said the intent was to show a “pattern of deception, and it’s not a new pattern for DeFeo. We believe he is intentionally deceiving investors.”

The lawsuit indicates DeFeo has been arrested multiple times on federal drug charges, although he was convicted only once. Five years ago, he was sentenced to time served and three years of probation on a charge of conspiracy to sell marijuana. A clerk with the U.S. District Court in Albany, N.Y., confirmed the conviction Friday and said it followed a plea agreement.

DeFeo also filed for personal bankruptcy protection in June 2001. That was two months before several of his partners agreed to pay more than $1 million to settle a lawsuit brought by a company that had accused DeFeo of fraud. The partners left on the hook included Barry Switzer, the former coach of the Dallas Cowboys and the University of Oklahoma; former Democratic congressman Dave McCurdy of Oklahoma; and former Oklahoma attorney general Larry Derryberry.

DeFeo also was sued by a landlord, who accused him of owing back rent for a house in Farmington Hills. The court entered a default judgment against DeFeo for $36,375.

Investors sue in Oakland
Three months ago, TransNav Properties LLC and three individuals — Konstantine Kapordelis, Ilja Vreeken and Steven Vreeken — sued DeFeo and two of his companies in Oakland County Circuit Court.

The plaintiffs said DeFeo’s lawyer, Richard Lehr, offered to sell them 1% ownership interests in a Port Huron casino for $100,000. They said they paid $200,000 for two shares.

Their lawsuit accused DeFeo of fraud and violations of the Michigan Uniform Securities Act. The plaintiffs based their claims in part on a “confidential information memorandum” dated October 2005.

“Economically depressed, the City expressed great support for a casino in downtown Port Huron and are prepared to provide up to 38.5 acres for its development,” the memo said. “The land is comprised of several parcels all contiguous to each other.”

According to the memo, the 38.5-acre site included the old county jail, the YMCA and Bank One, which “has indicated a willingness to sell. All other parcels are owned or controlled by the City and will be available to the Company for sale.”

The memo also indicated DeFeo’s company had invested more than $2 million in an escrow account “to place a hold on the aforementioned property.”

Prospective investors also received this assurance: “The City of Port Huron and County of Saint Claire (sic) both fully support the development of a casino in downtown Port Huron, which will complement Mr. Atchison’s (sic) $200 million development south of downtown.”

The Oakland County lawsuit claims there was never any deal with Port Huron. It noted that City Attorney John Livesay sent DeFeo a cease-and-desist letter in December 2006 that warned him to quit making misleading claims.

Malik raises doubts
Malik first went public with his doubts in March 2006, when DeFeo met with the Port Huron City Council and unveiled plans for a downtown casino. Malik, who was in the audience, spoke out and said DeFeo did not appear to understand the Indian Gaming Regulatory Act or other laws that govern Indian-owned casinos.

“Until there is money on the table, everyone should be cautious,” he said at the time.

In an interview with the Times Herald, Malik listed several reasons for doubt. He said:

• DeFeo is working with the Lac Vieux Desert Band, a Chippewa tribe from the western Upper Peninsula that has never asserted a land claim that would entitle it to a reservation in St. Clair County.


• Financial projections show the Kimball casino producing a staggering $470 million in revenues in its first year. What isn’t mentioned, Malik said, is that DeFeo cannot collect the profits from an Indian casino and the public cannot buy shares in one. A manager or developer such as Malik, DeFeo or the Ilitches can take no more than a 30% cut of the tribe’s proceeds.


• Investors reportedly are being told a reservation will be established via an executive order from President Bush. Lance Boldrey, an attorney with Dykema Gossett, said a president’s ability to do this was removed by Congress before the Civil War.

"If you could do this with an executive order, we would have done it,” Malik said.

Boldrey, who now represents Malik, was Engler’s chief legal counsel for Indian affairs. He negotiated the land deal with Bay Mills in August 2002.

“Somehow, the train has to come to a halt,” he said. “We want to get the story out there so that Blue Water Resorts is not tainted.”

Boldrey, McLellan, the Dykema Gossett law firm and their connection to John Engler and the Bay Mills Indian Community

R. Lance Boldrey was chief counsel for Indian affairs matters to Governor John Engler in 2002 and negotiated the 11th hour land claims settlement agreement Engler signed with the Bay Mills Indian Community (Tribe). He even represented Engler (with just 90 days left in Engler’s term) before the U.S. Senate Indian Affairs Committee on October 10, 2002 at a hurried hearing on a bill (S. 2986) introduced by Michigan’s junior Senator Debbie Stabenow and intended to win Congressional approval of the Engler Settlement Agreement and pave the way for an off-reservation Indian casino in Port Huron, Michigan. (The Dykema law firm would end up being the third largest contributor to Sen. Stabenow’s re-election campaign)

As part of the Engler Settlement Agreement (a document now available at the Dykema Web site), the tribe agreed to give up its so-called claims to 110 acres of land in the Charlotte Beach subdivision east of Barbeau, Michigan; in exchange, the tribe would be granted the right to develop and run a third casino which would be located in Port Huron, Michigan; more than 350 miles away from its existing Reservation. The move on Engler’s part represented a flip-flop of a long held policy opposing off-reservation gaming and was also rather suspect given that among other things both state and federal courts had recently tossed out the Tribe’s same land claims. Shortly after Engler left office, Boldrey went to work in the Lansing office of the Dykema Gossett law firm in which Richard D. McLellan was a senior member and head of the firm's Government Policy practice group responsible for the firm's public policy, administrative law and lobbying practices in Lansing and Washington, D.C. And shortly there after, Dykema Gossett was representing the Bay Mills Indian Tribe and its partners.

Richard D. McLellan, at one time was even manager of the law firms Lansing offices. And after Boldrey joined the firm in 2003, they would form two new practice groups: Indian Law and Gaming. In 2005 they would represent Marian Ilitch in her acquisition of MotorCity Casino’s majority interest from Mandalay Resort Group/MGM Mirage and oversee acquisition of more than $1.1 billion in funding used to finance the Ilitch deal.

McLellan as it turns out was an old friend, confidant and political agent for John Engler. In fact, McClellan had helped Engler form the Corner Stone Foundation in 1987 which would later be known as Mackinac Center for Public Policy; the groups were funded heavily by insurance companies and pharmaceuticals. McLellan served in a leadership capacity for Engler’s campaign in 1990 and then was transition director for the Governor-elect assisting in the formation of Governor Engler's Administration; and McLellan would be appointed to various positions by Engler throughout his 12 years as Governor of Michigan including as a member and secretary of the Michigan International Trade Authority, a member of the Michigan Jobs Commission, member of the Library of Michigan Board, and chairman of the Michigan Corrections Commission, among others. McLellan was also instrumental in planning an amendment to the state constitution that would allow public funding of religious schools.

McLellan retired from day to day practice with Dykmea Gossett in April 2007. McLellan’s Biography.

"Candice Miller for Congress" failed to provide appropriate donor records for near-anonymous casino related contributions

March 11, 2003 was the second biggest fundraising day of Rep. Candice Miller's first term in the House of Representatives.

On March 11, 2003 -- less than one month after freshman Rep. Candice Miller introduced a bill (H.R. 831) in the House of Representatives (she was backed by veteran Alaska Rep. Don Young) intended to win approval for a Bay Mills Indian Community off-reservation casino proposal in Port Huron, Michigan -- backers of the Bay Mills casino plan and their associates helped contribute $38,800 to Rep. Miller's campaign fund (30 contributions in all).

Among the contributors: casino syndicator Michael J. Malik, Sr. and his alleged mistress Heather Lufkins; Marian Ilitch, Mike Ilitch, Christopher Ilitch; various attorneys from Ilitch/Malik law firms like Dykema Gossett and Miller Canfield; political consultants and lobbyists; plus insurance brokers, property managers and others involved with various Ilitch/Malik businesses and casino operations (Complete List).

And these three odd contributions that have little or no back-up provided to the Federal Elections Commission (FEC) but which nevertheless were deposited in the "Candice Miller for Congress" bank account.

24 .	Menomenee, Kate
	3/11/2003	$1,000.00
	,
		[Contribution]
	Transaction itemized by: CANDICE MILLER FOR CONGRESS
[View Image]

politicalmoneyline.com

25 .	Menomenee, Mary
	3/11/2003	$1,000.00
	,
		[Contribution]
	Transaction itemized by: CANDICE MILLER FOR CONGRESS
[View Image]

politicalmoneyline.com

26 .	Menomenee, Yvonne
	3/11/2003	$1,000.00
	,
		[Contribution]
	Transaction itemized by: CANDICE MILLER FOR CONGRESS
[View Image]

politicalmoneyline.com

Rep. Miller, a former Michigan Secretary of State knows better than to deposit funds from near anonymous donors. These three donors have no history of giving to federal political committees before or after these 3/11/03 recorded contributions to Rep. Miller.

Rep. Miller's committees (Primarily CANDICE PAC) received more than $74,000 from the Ilitch Family and Michael Malik between 2003 and 2005.

CANDICE PAC = Conservative American Network Delivering Increased Congressional Excellence Political Action Committee

You may wish to review these related posts or click on the labels below:

• GOP Congresswoman received at least $74,000 in bundled funds from Ilitch Family sources after introducing bill for syndicator-backed Indian casino
• UPDATED: Donor's alleged mistress also gave $10,000 to two of his favorite candidates -- Rep. Candice Miller & Sen. Debbie Stabenow
• Ilitch administrative aide gives $5000 to Rep. Candice Miller
• Casino backers deny thousands in contributions intended to influence U.S. Senator
• Do these people really believe Marian Ilitch is a "homemaker" or are they playing along with the game
• Michigan’s Political Ménage à Trois
• Publicist shines spotlight on Senator Stabenow & Rep. Miller after his clients invested $200,000 in their campaigns
• Six bills in Congress, over six years & political gifts in the six figures: That's what Ilitch Family has invested in Port Huron Casino deal

Resource: PoliticalMoneyLine.com for Congressional Quarterly

Dykema Gossett PLLC (Ilitch law firm) third largest contributor to Senator Stabenow’s re-election committee.

Dykema Gossett PLLC (Ilitch law firm) third largest contributor to Senator Stabenow’s re-election committee.

According to the Center for Responsive Politics, the collective attorneys at the Dykema Gossett PLLC law firm made up the third largest contributor to Senator Debbie Stabenow’s re-election committee. Dykema Gossett is one of the primary law firms retained by Marian Ilitch, Michael Malik and their various gaming related affiliates. Dykema Gossett helped negotiate $1.1 billion in acquisition financing Marian Ilitch required to buyout her MotorCity Casino partners.

Attorney’s at Dykema Gossett who provide counsel to Ilitch/Malik entities include R. Lance Boldrey, Jason Hanselman, Richard McLellan and Len Wolfe. Boldrey previously was counsel to Governor John Engler and negotiated the State’s

Charlotte Beach land claims settlement with the Bay Mills Indian Tribe. That’s the agreement Senator Stabenow has championed in order to allow a Port Huron Casino Resort for the Bay Mills Tribe.

The Ilitch Family and Michael J. Malik, contributed more than $117,000.00 to committees supporting Senator Stabenow’s 2006 re-election. Together Ilitch, Malik and their Dykema Gossett attorneys contributed more than $155,000 to Stabenow’s re-election.

	Top Contributors 2006 RACE: MICHIGAN SENATE Deborah Ann Stabenow (D)*

Circumstances used by Gov Schwarzenegger to rationalize approval of a Los Coyotes' Barstow Casino are non-existent

Someone has mislead the voters of California -- either Governor Schwarzenegger or the Michigan casino syndicate pushing the larger, off-reservation, first-of-its-kind, two casinos mega resort for Barstow, Calif.

Despite represenations by Governor Schwarzenegger office and the project applicants, the only thing San Diego's Los Coyotes Tribe is "sharing" is the Michigan Developer and Casino Resort Manager that designed, and is now bankrolling and directing, the scheme for twin casino resorts in Barstow.

Governor Schwarzenegger's negotiators have indicated in testimony before legislative committee that a Los Coyotes casino project on its own fails to meet the guidelines for approval established by the Governor May 18, 2005. There is, they have confessed, no compelling reason to approve a Los Coyotes casino off-reservation in Barstow. Nevertheless, when signing the tentative agreements in September 2005, the Governor gave as his rational for a Los Coyotes compact the following:

"The Los Coyotes Band already entered into a municipal services agreement with the City of Barstow in October 2004 in order to construct a casino on parcels identified and agreed by the City. The Tribe has also agreed to share its site with the Big Lagoon Rancheria as part of a unified casino project."

Wait a minute ... something doesn't add up here because on July 1, 2004 the City of Barstow approved plans for the Los Coyotes Band of Indians to build a casino on a site not to exceed 20 acres. The municipal agreement referenced in the Governor's comments reads:

"The Tribe will request that the United States take into trust for its benefit land not to exceed twenty contiguous acres, absent written agreement of the City, from the parcel(s) identified in Exhibit A appended hereto (“Trust Lands”). The Tribe agrees that it will not seek other or additional parcels within the City."

Despite representations made in Governor Schwarzenegger's press releases, there have been no sacrifices made nor is Los Coyotes' sharing its 20-acre site. In fact through the agreement with the Governor, the Los Coyotes' tribe realizes a great windfall -- the Los Coyotes Tribe's project alone is 20% larger (up to 25 acres) than what was originally approved in agreement with the City Council and the tribe would have the right to install almost twice the number of slot machines over what it had originally requested.

Approving a Barstow casino for Los Coyotes which fails to meet the terms outlined in Governor Schwarzenegger's own May 18, 2005 Proclamation is tremendously bad form for the Governor -- especially since they were the first two agreements negotiated after issuing the May 2005 Proclamation. And then to realize even the "exception" he's given to rationalize approvals for granting two casinos in Barstow are just plain false and misleading should be great cause for concern among all those involved -- especially the taxpayers and voters of California.

The truth is, the only thing Los Coyotes is "sharing" is the Detroit Developer and Casino Resort Manager that hatched the twin casinos scheme and is bankrolling their legal, lobbying and PR campaign pushing the Barstow location.

Barwest is the exclusive developer and has five year management contracts with both the Los Coyotes and Big Lagoon tribes; earning up to 30% per year of revenue from the twin casinos resort destination for the first five years. The total proposed Barstow Casinos and Resort project is twice the acreage and has combined approvals for more than 5x the number of slots originally believed possible for Los Coyotes -- and then there are the increased revenues from a larger resort, conference and commercial activities developed on the other 75+ acres identified in the lawsuit settlement agreement between the State of California and the Big Lagoon Tribe:

"The Tribe represents that it has entered into agreements with BarWest, L.L.C., a Michigan limited liability company ("BarWest"), the Los Coyotes Band of Cahuilla and Cupeno Indians ("Los Coyotes"), and LCB BarWest, L.L.C., a Michigan limited liability company ("LCB") for the joint development of two compatibly designed class III gaming facilities sharing access, parking and other common amenities on approximately 126.48 acres of land located in the City of Barstow, California ("Casino Site"). The Tribe further represents that BarWest has agreed to convey to the United States of America, in trust for the Tribe, title to approximately 25 acres of land located in Barstow ..."

Although it's the tribes who have been pushed out front to engender support in the PR campaign, don't let that fool anyone; the attorneys who negotiated the Barstow agreements were handpicked and are paid by the Detroit Casino Syndicate Barwest. These attorneys handle nearly all projects for the organization.

What happened to staying within the 20-acre casino site originally approved by the Barstow City Council back in 2004? ...The site Governor Schwarzenegger apparently intended for Los Coyotes to share with Big Lagoon? Where are the so-called sacrifices talked about as mitigation for the Los Coyotes Tribe's failure to otherwise meet the guidelines for off-reservation casino approvals set out in Governor Schwarzenegger's May 2005 Proclamation?

Governor Schwarzengger could have simply approved a Big Lagoon casino for Barstow and explained the compelling reasons for doing so. Frankly, a Big Lagoon casino alone would probably have been tougher for opponents to defeat and certainly not been riddled with as many flaws and contradictions. What was the real motivation for giving Barwest, of all the possible parties, two casino projects? A lot of weak and disjointed argument has been manufactured to rationalize approval for a Barwest developed and managed mega destination resort with dual Las Vega style casinos -- a master development project with profits and long-term tangental commercial development potential far beyond even Barwest's original dreams.