Showing posts with label Lance Boldrey. Show all posts
Showing posts with label Lance Boldrey. Show all posts

Thursday, December 15, 2011

How Lance Boldrey Turned a Stint in the Governor's Office Into a 10+ Year Multi-Million Dollar Engagement with Detroit Casino Syndicators

Blogger's Note: We've received several inquiries about Michigan gaming attorney R. Lance Boldrey and note an increase in the number of people visiting TheVerifiableTruth.com as part of browser searches of Boldrey's name so we're republishing this 1.08.2007 post originally titled "Aide negotiated '11th Hour' Port Huron casino deal for Gov. Engler; then joined private practice, retained by those who got the deal"


On Sunday, January 7th, the Port Huron Times Herald published an editorial, "Feds must come to aid of Port Huron," suggesting that a Bay Mills Indian Casino planned for that community might still be alive. At the very least, the following raises ethical questions and creates curious circumstances surrounding the proposed casino, deserving of investigation and disclosure.

R.
Lance Boldrey joined the staff of Michigan Governor John Engler sometime in 1999 as Deputy Legal Counsel and chief negotiator for Indian Affairs matters in the Governor's third and final term.

Throughout most of Engler’s 12 years as Governor,
Engler steadfastly opposed the expansion of Indian gaming... BUT in the final months, with Boldrey helming negotiations, something changed.

In September 2002, roughly three months before Engler's term would expire, the Governor was compelled to sign a
land claims settlement agreement Boldrey and others had negotiated the month before with the Bay Mills Indian Community. The agreement would pave the way for a third Bay Mills Indian Community casino to be developed in the urban border town of Port Huron, 350 miles away from its Brimley, MI reservation.

On December 20, 2002, with less than two weeks remaining on his term, Gov. Engler also signed a new
Tax Agreement with the Bay Mills Indian Community covering (or protecting) the Tribe, its proposed Port Huron casino and other commercial and trust properties. Presumably Boldrey played a lead role in those negtotiations as well.

Oddly enough, the so-called "land claims" made by the Bay Mills Tribe in 1996 (the threat driving any need for a Settlement Agreement at all) were never verified. Both state and federal courts tossed out the claims, at that time, on administrative grounds. This raises question about the rushed 11th hour change of policy by Engler and the need for any Settlement Agreement at all. Did the state trade a casino for land claims that weren't legitimate afterall? Were the circumstances surrounding the Settlement Agreement just a theatrical smokescreen to rationalize approval for a third Bay Mills Tribal casino in Port Huron?

But Engler knew the land claims weren't valid and that they were being used to leverage a casino because in a 1999 opinion letter published by the Record Eagle intended to set the record straight,
Engler wrote:

"... I find it remarkable that Congressman Stupak would step in at this late date and join with the Bay Mills Tribe in using the Charlotte Beach homeowners as political pawns. Make no mistake about it - Congressman Stupak's proposal is solely about trying to give the Bay Mills Tribe an otherwise illegal casino..."

"... the state of Michigan has stood by these properly owners since day one, defended them in court, and won the dismissal of the Bay Mills lawsuit against the Charlotte Beach owners. I have no doubt that this dismissal will hold up on appeal ..."
R. Lance Boldrey parlayed stint in Governor's
Office into 10+ year million dollar engagement
Within weeks of Engler approving the the Settlement Agreement, Boldrey flew to Washington D.C. and eagerly represented Governor Engler before a U.S. Senate Indian Affairs Committee hearing on Capitol Hill. Backers of the Bay Mills casino were attempting to railroad congressional approvals in the closing days of the 107th Congress needed to affect terms of the Engler negotiated Agreements.

Boldrey's eagerness might partially be explained in part by the fact that in
July 2002 the White House announced the President’s intention to nominate Boldrey to serve as a trustee of the Udall Foundation. The nomination wasn't sent to the Senate until January 2003 and Boldrey was confirmed in April 2003. During that 6-9 month period it was certainly in Boldrey’s interest to increase his profile in Washington D.C and exploit the credentials he’d developed during the short time he worked as Gov. Engler’s Indian Affairs agent. 

With the help of people like Boldrey, first term Senator
Debbie Stabenow (D-MI) had drafted and introduced S. 2986 as a companion to the Settlement Agreement on September 20, 2002. Less than two weeks after its introduction (usually this takes months, sometimes even more than a year), the bill was scheduled to be heard before the full Senate Indian Affairs Committee. At the October 10, 2002 hearing, as the Governor's representative, Boldrey sat beside the Bay Mills Community's elected Council President John Lufkins and together they urged the committee’s swift endorsement. It wasn't to be; Senator Harry Reid (D-NV), a leading Democrat and member of the Committee stood in their way.

Time was ticking on the Engler Administration and on the friday before the 2002 Christmas holiday, with less than 5-6 full business days left on the calendar,
Governor Engler also signed a new Tax Agreement with the Bay Mills Tribe. Among other protections for the Tribe and its members, the Agreement exempted (page 9) hotel rooms, restaurant food and beverages sold as part of any casino and its adjoining resort properties from lodging taxes, sales taxes and use taxes.

Engler’s 12 year administraton came to an end on January 1, 2003 leaving Boldrey unemployed. But within weeks, Boldrey announced he was returning to private practice. He had decided to join the Lansing office of the Dykema Gossett law firm and was tasked with starting up an Indian Law Practice for the firm. A longtime Engler friend, confidant and political agent Richard D. McLellan was a senior partner in the Dykema office. The Dykema law firm had already been handling legal business matters for the MotorCity commercial casino partnership in Detroit. Ilitch, Malik and others who were founders of MotorCity Casino have been the driving force behind the third Bay Mills casino project for a decade or more.

So, Boldrey joined Dykema and before long, the Bay Mills Indian Community, its casino backers like Marian Ilitch and Michael Malik, and others whom previously had to negotiate across the table from Boldrey in his role as the Governor’s point man had retained Dykema Gossett (Boldrey & McLellan) to work on Indian law and gaming matters at prime corporate law firm rates. Boldrey's role now was to protect and advocate for their interests going forward.

What or who compelled the Governor's dramatic change of direction in the last months and days of his administration? Why this proposal instead of some other? Five years ago, those questions were swept under the carpet.

When had Boldrey decided to return to private practice? When did he open talks with Dykema? What role did Richard McLellan play in recruiting Boldrey? What involvement had McLellan had with the 11th hour negotiations with various tribes including Bay Mills? When did Boldrey's future clients learn of his career move? When did they first discuss a future working together? What relationships did he have with "Charlotte Beach" area land owners then or now? Who did he negotiate against as the Governor's representatives that paid him or Dykema after he joined Dykema?



Certainly an attorney whose credits included pulling-off a deal like this would be in high demand and command the highest of fees.

What relationships if any did Boldrey/McLellan have with attorneys Anthony Andary, Robert Golden?

With all of the other matters deserving greater urgency, why was there such a last minute push five years ago for a Settlement Agreement with Bay Mills Indians when they've yet to prove their land claims valid?

What's really at play in the "Charlotte Beach" (also referred to as "Hay Lake" by Bay Mills Tribal Council President) area referenced in the unverified land claims? The Hay Lake/Charlotte Beach locations are near impossible to find on maps in Chippewa County -- Atlas, Google, USGS, etc. or via governmental agency resources. It's only in old plat maps that one will find a reference to the "Charlotte Beach subdivision" east of the Barbeau community on Michigan's Upper Peninsula.

"Charlotte Beach" is a rather obscure place, not among those included in the USGS master place names data base nor referenced in resources available via the Department of Natural Resources at Michigan.gov; it is not noted as a town or community or any other place of significance in Michigan; other respective state and federal sources simply don't designate the 110- acre place. There are no obvious references noted by non-profit environmental or natural resource protection groups either. In fact, the only modern public documentation that references a place called "Charlotte Beach" in Michigan are documents related to the Bay Mills land claims. It is doubtful Governor Engler or anyone else for that matter had visited Charlotte Beach, Michigan to see for themselves what was going on there. One must wonder what sort of investigation was done to see who really owns land there or who has bought land since.

It just doesn't add up: a complete and documented reversal of a Governor's long held public policy stance opposing the expansion of gaming; no validated land claims, yet a signed Land Claims Settlement Agreement; two existing casinos already, just not in prime urban locations; an 11th hour Tax Agrement too; 110 acres of land in "Charlotte Beach," an area not designated on maps or by any public agencies or non-profit groups as significant or sensitive; and a lead negotiator who was later engaged by the very parties he once negotiated against. Before Congress or any other elected officials or public agencies take any further action, a complete investigation and full disclosures are warranted.

And what role or connections has political consultant Tom Shields (also an Engler insider, political advisor to Rep. Candice Miller, and longtime spin doctor to Mike & Marian Ilitch) played in these schemes?



See also:

Friday, November 04, 2011

Detroiter Malik Says He's Been Planning Belmont Race Track Casino for 6+ Years; But He Has Yet to Meet with NYRA Officials


11.04.2011

By Rich Forestano 
Renderings of casino displayed for local businesses

Belmont Racetrack has played host to events as large as third-leg of the Triple Crown and as small, but still of importance, as 5K charity walk/runs. If a Detroit-based hotel/casino resort development company has its way, the corridor of Elmont and a “gateway” to the rest of Long Island, will go through a considerable change.

.
left to right: Michael McKeon, Lance Boldrey,
John Waihee, Michael Malik
Developer Michael Malik presented renderings of a preliminary plan to the Elmont Chamber of Commerce last Thursday, Oct. 20. Malik’s colleagues Michael McKeon, Lance Boldrey and former Hawaii Governor John Waihee accompanied him.

Malik, a partner to the Shinnecock Indian Nation and financial backer for the tribe’s casino proposal, said the development has been attempting to find its stride for several months, but began to gain momentum when Nassau County Executive Ed Mangano announced his Economic Development and Job Creation Plan in May. Malik has been at the forefront of heading event control for the World Series, the NCAA Final Four, among others. [REALLY Mike Malik? Maybe some of the people you share office space with at Ilitch headquarters  have been involved at some level but you... He'll say anything!]

Malik revealed that he and his team have been targeting the Belmont’s development for six or seven years. Furthermore, the location is a prime spot for gaming development, according to Malik.

Malik designed the first development renderings in approximately 2005. They have since changed, dramatically.

The renderings were not permitted to be photographed, which showcased a casino building with a Victorian-style red brick facade, ground-to-ceiling paneled windows and a copper-patina roof, located on the southwest side of Belmont near the Cross Island Parkway, to give customers easier access and a new Belmont Park structure with the same design.

A grand entrance with fountains and galleries showcasing the history of Belmont is also in discussion. A circled driveway would take customers to and from the casino with malls of grass.

“Nothing has been set in stone; however, it has modernized features with a historic feel,” Malik said. “We would think to put the casino off the freeway itself, so that people can come on and off. We also added in a parking deck area on the opposite side of the street.”

The drawings also included an irrigation system on the south side of the park, beyond the main track, near the border of the Village of Floral Park, which has been prone to flooding. He stressed that these drawings “are not final.”

“The irrigation system would help to resolve that flooding problem, as well as help keep the track and surrounding green dry,” Malik explained.

Malik detailed an idea to take the flood waters that have plagued Floral Park and filter them into the infield in the middle of the track to provide a “welcomed aesthetic” to the infield, while addressing the flooding issues for the village to the north.

Other ideas portrayed in the renderings were a recreational area and private parking lot on the southern end of the park; an indoor train station next to the park; and a central area for parading horses before and after meets, and showing off winning horses. The alley that horses currently take into the park is hidden, beneath the bleachers, and the winner’s circle is closer to track level, away from spectators’ view.

Malik said the horse parades would be one of the many crucial pieces to the fan/family experience.

“We want the world to focus on Belmont,” he said. “We want people who are watching the Belmont Stakes on television to want to come.”

Malik detailed a new seating area in the center of the infield. He said the height of the building could be between 12 and 15 stories.

When Elmont Chamber President Chris Rosado asked Malik whether he thought the casino development might harm nearby businesses, Malik said that, although he couldn’t definitively say for sure, he believes a casino would boost business since the casino is expected to create at least 5,000 jobs.

Malik said he hopes to sit down with the New York Racing Association (NYRA) and discuss its proposal soon. Concerning negotiations, Malik would not divulge how long it would take.

“We want to get this done as soon as possible,” he said. “Hopefully within the next year we hope to be through our approvals. That’s kind of the guideline we’re in.

Wednesday, November 02, 2011

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



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.


Tuesday, October 25, 2011

Detroiters Pimping Belmont Casino Plans to Locals; Unsure if nearby business will be harmed





Detroit developer reveals plan renderings
10.21.2011
Michael McKeon, Lance Boldrey, former Gov. John Waihee, 
 and Michael J. Malik, Sr. (Gateway Casino Resorts)  

By Jackie Nash
A plan by the Shinnecock Indian Nation to build a casino at Belmont Park has been in the pipeline for several months, generating wide support from the surrounding community but meeting with skepticism from some locals who fear that the development could become a revenue-creating “island” with no spillover revenue for local businesses.

On Oct. 20, Elmont business owners were shown renderings of a preliminary development plan for a casino at the racetrack by Detroit-based casino developer Michael Malik, who also answered several questions about the plan.

Malik, a partner of the Shinnecock tribe and financial backer of its casino plan — which gained momentum when County Executive Ed Mangano announced an Economic Development and Job Creation Plan in May — was the guest speaker at the Elmont Chamber of Commerce’s regular meeting on Oct. 20 at King Umberto’s in Elmont. Michael McKeon, Lance Boldrey and John Waihee, associates of Malik’s, also attended the meeting.

The renderings, which were not allowed to be photographed, depicted a casino with a Victorian-style red brick façade, floor-to-ceiling paneled windows and a copper-patina roof, located on the southwest side of Belmont — close to the Cross Island Parkway, to give patrons easier access — and a reconstructed racetrack structure with the same design. Malik described the collective design as “modernized with a historic feel.”

The drawings also included an irrigation system on the south side of the 430-acre park, beyond the main track, near the Floral Park border, an area that has been prone to flooding. The system would not only help resolve the flooding problem, Malik explained, but would also help keep the track and surrounding green dry. There would also be a VIP viewing area in the center of the main track.

The renderings also include a recreational area and private parking lot on the southern end of the park, an indoor train station and a large central area for parading horses before and after races and showing off winning horses. The alley horses currently take into the park is hidden beneath the bleachers, and the winner’s circle is closer to track level, away from spectators’ view. “A parade of horses would be a focal point with this rendition,” Malik explained. “We want the world to focus on Belmont … we want people who are watching Belmont Stakes on television to want to come.” The building’s height, under the current plan, would be between 12 and 15 stories, he added.

When Chamber of Commerce President Chris Rosado asked Malik whether he thought the casino development might harm nearby businesses, Malik said that although he couldn’t say for sure, he believes that a casino would boost business, since it would be expected to create at least 5,000 jobs. “People are going to be eating and shopping here,” he explained.

Another question posed at the meeting was whether a plan recently proposed to reconstruct the Nassau Veterans Memorial Coliseum at Belmont would affect the casino plan. Malik said that although the Coliseum-Belmont proposal threw him and his partners “for a loop,” he would be supportive of that plan as long as the community was.

“It could be an entertainment plus,” he said. “If I could have a 20,0000-seat arena, that could help us fill seats for the [casino theater] acts inside.”

Comments about this story? JNash@liherald.com or (516) 569-4000 ext. 214.

Why is Detroiter Mike Malik Dragging former Hawaii Governor Waihee around Long Island, NY?

The Long Island Herald is reporting that Detroit Casino Syndicator Michael Malik presented further details about his plans to develop a casino using a partnership with the Shinnecock Indian Nation at an appearance before the Elmont Chamber of Commerce on October 20th.

(lt-to-rt) lobbyist Michael McKeon, attorney Lance Boldrey,
 Gov. John Waihee & Detroit Syndicator Michael J. Malik
The Herald reports, "Malik's associates, Michael McKeon, Lance Boldrey and John Waihee also attended the meeting."

Michael McKeon is a partner with Mercury Public Affairs, a New York-based lobbying and communications firm that Malik/Ilitch (Gateway Casino Resorts) affiliates retain. Lobbying disclosures suggest that Malik/Ilitch have paid Mercury more than $1.5 million to lobby New York officials in support of their various Shinnecock casino schemes.

Lance Boldrey is an Indian law attorney at the Dykema law firm. He works near exclusively with Malik/Ilitch affiliates. His official bio indicates he is "primary counsel to Gateway Casino Resorts, the development and management partner of New York's Shinnecock Indian Nation."

John Waihee is the wildcard in this group. TVT has not previously seen his name associated with the Detroiters or their affiliates. John D. Waihee III is the former Governor of Hawaii (1986-1994) and previously served as Lieutenant Governor (1982-86). While Governor, Waihee opposed gambling in Hawaii and routinely threatened to veto any such bill that would pave the way for or establish gambling.

In 2006, American Express filed suit against Waihee attempting to collect $72,000 he owed on two credit cards. In November 2004, the Bank of Hawaii filed a foreclosure lawsuit against Waihee and his wife, Lynne, concerning the couple's Nu'uanu home. Their son, John D. Waihee IV, has been an elected trustee of the Office of Hawaiian Affairs since 2000 and the first son of a former Hawaii governor ever elected to state public office.  In 2007 he was arrested on DUI charges and plead no contest.

Governor Waihee is a Honolulu attorney who is reported to be close to Bill & Hillary Clinton. Gov. Waihee has been linked to various controversies since leaving office.  Most recently a
llegations surfaced regarding his role in the financial failure of RightStar Hawaii, the largest group of funeral homes in the state.

One existing connection is John Radcliffe, a Hawaii lobbyist and political operative (Radcliffe & Associates / Capitol Consultants of Hawaii, LLP) who has represented Malik/Ilitch gaming interests from 2001-2008 through an affiliation with Tom Shields' firm Marketing Resource Group.  Radcliffe has also included Gov. Waihee among his clients. In 2010, Radcliffe was one of those screening potential Cabinet Officers for Hawaii Gov. Abercrombie.

Thursday, July 02, 2009

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.

Sunday, October 12, 2008

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.

Monday, May 05, 2008

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.

Thursday, March 13, 2008

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

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.

Friday, February 01, 2008

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

Developer/Casino Interests not Indian’s driving casino scheme

Courts Denied Land Claims

Road to Port Huron

Congressional goings on

Political Ca$h and Lobbying Fee$

Debbie Stabenow

Candice Miller

Carl Levin

Harry Reid


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

Sunday, January 27, 2008

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.

Port Huron casino fight turns fierce, ugly

1.27.08

Casino fight turns fierce, ugly
Officials, lawyers deny conflicts of interest in battle

By MIKE CONNELL
Times Herald

In 10 days, a congressional committee is expected to vote on legislation meant to clear the path for a tribal casino in Port Huron.

The hearing, scheduled for Feb. 6 before the House Natural Resources Committee, is the latest battleground in a prolonged fight where the stakes - potentially hundreds of millions of dollars - are incredibly high, and where the behind-the-scenes brawling can seem incredibly vicious.

As an illustration of the metaphorical knife fighting, the case of Aurene Martin is instructive.

A member of the Wisconsin Oneida tribe, she majored in history, culture and Italian at universities in Madison, Wis., and Bologna, Italy. She returned home, earned a law degree in Madison in 1993 and then went to work in the public sector for a decade.

Friends and colleagues describe her as a soft-spoken intellectual, a person of the highest ethics and integrity. Last year, her peers voted her to a list of the nation's leading experts on Indian law.

“She’s a genuinely nice person, too,” added Wilson Pipestem, a co-founder of Ietan Consulting, the lobbying firm where Martin now works.


Feeling blindsided
Compare this person to the one described by an ex-mayor of Port Huron and a local labor leader, who remember feeling ambushed by Martin at a 2004 congressional hearing on the proposed casino.

“We were under the impression that she was going to speak in favor of the Port Huron casino. Definitely,” said B. Mark Neal, the former mayor.

Richard Cummings, president of the Michigan Machinists and a founding member of the Thomas Edison Casino Advisory Committee, said he also expected an Interior Department endorsement.

“I just thought it was a foregone conclusion, dotting the I’s and crossing the T’s,” he recalled.

Martin, then the principal deputy assistant secretary for Indian affairs, thanked the Natural Resources Committee for inviting her to testify and then said, “As discussed in our written testimony, the department is not currently able to support the bills as they are written.”

Neal and Cummings remember listening with astonishment as Martin offered a litany of objections to proposed casinos in Port Huron and Romulus.

“I remember walking out of there wondering, ‘Where did that come from?’” Neal said.

Staying consistent
A central question is whether Cummings and Neal, who had been invited to the 2004 hearing to testify in support of the casino, had been misled by lobbyists on their side of the battlelines.

Larry Rosenthal, the other co-founder of Ietan Consulting, said the Interior Department has been consistent in its objections to the Port Huron proposal. He said it’s preposterous to think the Bureau of Indian Affairs, an agency within the Interior Department, was ready to endorse the casino.

“Who told them Interior would support it?” he asked. “Who is this unnamed person?”

In fact, Martin’s testimony in 2004 echoed many of the comments she had made two years earlier while testifying at a similar hearing before a Senate committee.

In a telephone interview, Martin said she does not question the Port Huron men’s memories or sincerity, but she also said they were wrong. Interior Department officials did not support the casino, she said, and her testimony merely reflected the position of her colleagues at the agency.

“I understand they felt blindsided,” she said of Cummings and Neal. “People can take things from conversations that they want to take. That’s one thing. Or they can be spun by their own people. … I don’t know what happened there. I’m not sure why they thought they were going to get a positive report.”

Inside information
Jeff Parker, the leader of the Bay Mills Indian Community, also testified at the 2004 hearing. His tribe and its 1,300 members would own the Port Huron casino if Congress approves its agreement with the state of Michigan.

Martin now works as a registered lobbyist for the Saginaw Chippewa, a rival tribe that has spent freely, including $14 million to disgraced Republican lobbyist Jack Abramoff, on political efforts such as its quest to block a Port Huron casino.

“She had access to all the inside information that we shared with the (Bureau of Indian Affairs),” Parker said of Martin.

That might appear to pose an ethical dilemma, but Interior Department officials who reviewed the matter last week at the Times Herald’s request said Martin did nothing wrong.

“What I can tell you is there is an exemption from any post-employment restrictions for anyone who is working for a federally recognized tribe,” said Tina Kreisher, director of communications for the Interior Department. “No recusal was needed. … There was no need for any kind of waiver since she is working for a federally recognized tribe.”

In short, Martin violated no agency rules. She broke no federal laws.

Inquiry clears staff
Three months after the 2004 hearing, Martin resigned from the agency amid another controversy.

Connecticut Gov. M. Jodi Rell and Sen. Chris Dodd, D-Conn., sharply criticized her decision to acknowledge the Schaghticoke band as a federally recognized tribe.

According to Indianz.com, a Web site that covers Indian-related issues, Connecticut officials feared that Frederick DeLuca, co-founder of the Subway restaurant chain, and other wealthy investors seeking a casino had asked Martin to bend the rules.

Earl Devaney, the Interior Department’s inspector general and a Bush administration appointee, investigated the matter. He found no evidence of wrongdoing by Martin or anyone else at the Bureau of Indian Affairs.

“Although the Schaghticoke recognition decision was highly controversial, we found that (Martin and her colleagues) conducted themselves in keeping with the requirements of the administrative process," he concluded.
Memo gets leaked
A year later, Martin found herself back in the headlines as the result of an internal memorandum sent to the Saginaw tribe on Sept. 27, 2005.

At the time, Martin worked as an Indian law specialist for Holland & Knight, one of the world's 15 largest law firms. She co-wrote the memo with Rosenthal, the Ietan lobbyist. They detailed plans for the tribe to distribute more than $300,000 in political donations in the upcoming year.

While such memos are not unusual in Washington, they rarely become public. This one did. Supporters of a maverick Saginaw Chippewa leader posted the memo on a Web site, where it was picked up by The Hill, a newspaper that covers Congress.

The long list of recommended contributions included $5,000 to Rep. Charles Taylor, R-N.C., who Martin and Rosenthal described as "helpful" on blocking casinos in Romulus and Port Huron, and $2,000 to Rep. Mike Rogers, R-Brighton, who "has been very helpful" on the same front.

Martin later would leave Holland & Knight to join Rosenthal at Ietan.

Bar rules are strict
Parker's concern about Martin having access to confidential information that he said Bay Mills shared with the Bureau of Indian Affairs raises another ethical question: Is it proper for her to lobby for the Saginaw Chippewa, a tribe that is implacably opposed to Bay Mills' casino plans?

Martin is a member of the D.C. and Wisconsin bar associations. In a telephone interview, a legal ethics adviser for the District of Columbia Bar made it clear he would not comment on any particular person or situation.

The adviser, Saul Singer, did offer a general overview of the bar association's rules. "The confidentiality rule is very broad," he said. "The obligation to keep client's secrets is very broad."

If the rules are strict, they also may be moot in this matter.

"I was never acting as their attorney," Martin said of Bay Mills, "or as an attorney for the United States."

'This is so unfair'
Rosenthal, a Flint native, worked as an aide to U.S. Rep. Dale Kildee, D-Flint, for more than 11 years. During that time, he helped create the influential Congressional Native American Caucus, a bipartisan group that now includes 99 of the House's 435 members.

Rosenthal said he's well aware that casino infighting gets ugly, but he also said a newspaper article about Martin's role in the Port Huron casino effort is unjustified and unfair.

"She hasn't done one thing wrong," he said. "You talked to ethics experts (at the Interior Department). They told you she hasn't done anything. This is so unfair."

Career springboards
If Martin used a government job as a springboard to better-paying positions in the private sector, so have members of Port Huron's lobbying team.

For example, 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.


Note: apparently there was more to this article, including assertions made about TVT, in print format but the staff at the Port Huron Times Herald has failed to translate the entire article when posting on the Web.

Friday, November 02, 2007

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.

Tuesday, September 11, 2007

Who is Harold Alger; and what's his connection to Barwest and Barstow

Like the mysterious Barron Mazel of Barronhaus Ltd. another name has appeared in documents obtained by TVT and connected to Barwest and Barstow -- Mr. Harold Alger.

TVT has learned that Alger, in March 2006, had threatened to bring suit against the City of Barstow for either breach of contract or interference of contract relative to a Los Coyotes Tribe casino in Barstow. Alger apparentlyspoke to executives at City of Barstow including Barstow economice development director Ron Rector, who in turn passed on Mr. Alger's claims to Barwest attorney, Lance Boldrey.

Boldrey proceeded to respond to Mr. Alger's actions in writing with among other things a request that Alger cease and desist; and threats to bring legal actions against Alger if he contacted state or federal officials with his complaints.

Apparently Alger also indicated Barstow land speculator, Dan Plies, would also be making claims that the City had breached contracts with him.

Plies and a Pennsylvannia eccentric named J. Herbert Fisher, Jr. owned various parcels near the proposed Barwest casino site in Barstow. The pair claimed to have been instrumental in formulation of Barstow's "Lenwood Specific Plan" and "Lenwood Special Assessment District." Ironically, (and perhaps mere coincidence) one of the partners in a Gulfstream G-IV airplane part owned by Olympia Aviation LLC (believed to be the Ilitch Family) is Fisher Air LLC. Fisher is also acquainted with Dr. James Dobson the head of Focus on the Family, a national conservative group that once threatened to boycott Ilitch Holdings' brands because the family had entered into the gambling business.

A year prior to the call from Alger, Barstow City economic development director Ron Rector made public mention of Harold Alger at an April 4, 2005 Barstow City Council meeting. Although Mr. Rector's recollection of events would later be contradicted in sworn court deposition of Los Coyotes tribal leader Kevin Siva, Mr. Rector indicated at the April 4th meeting as follows:

"Eh, but I started rummaging around and ran into a gentleman named, eh, Harold Alger from Minnesota, who had spoken with the Los Coyotes on this very issue. Eh, he brought the Los Coyotes to the City, eh, I’ve got to guess...around the August 2001 time frame. We sat and chatted with them at length."

Ron Rector
Barstow Economic Development Director


While Mr. Rector's recollection of the timing would later be disputed in sworn court deposition by a leader of the Los Coyotes tribe who says they first went to meet with the City late in 2001 or possibly early 2002 after being encouraged to do so by Barwest; it's interesting to note that Rector claims to have met with Alger who was an agent of the Los Coyotes tribe.

Alger may be reachable at (317) 371-4243 which appears to have some affiliation with Indiana-based Bauer & Associates.

Monday, August 20, 2007

Look who took part in preliminary discussions about Big Lagoon/Los Coyotes casinos

The following is reproduced from a “sign-in sheet” completed by those who attended a 2004 meeting in northern California to discuss a preliminary proposal for two off-reservation Indian casinos and resorts in Barstow, CA, to be developed and managed by Detroit-based Barwest, L.L.C. for the Big Lagoon Rancheria Indians (Humboldt County) and Los Coyotes Band of Cahuilla and Cupeno Indians (San Diego County).


SIGN-IN SHEET

Name

Tribe/Company

Peter Engstrom

Baker & McKenzie (Counsel, Big Lagoon)

Virgil Moorehead

Big Lagoon

Shawna Neyra

Big Lagoon

David Neyra

Big Lagoon

Jake Miklojcik

Michigan Consultants

Heather Sibbison

Patton Boggs/Barwest

Lance Boldrey

Dykema Gossett/Barwest

Anna Kimber

Tribal Attorney/Los Coyotes

Katherine Saubel

Los Coyotes

Kevin Siva

Los Coyotes

Marc A. Palazzo

Barronhaus (Los Coyotes)

Michael G. Rossetti

Akin Gump for Los Coyotes

Robert Guenthardt

Barwest (former chair Little River Band of Ottawa Indians, Manistee, MI)

Ron Rector

City of Barstow

Lawrence E. Dale

Mayor City of Barstow

Michael J. Malik

Barwest

John Feliz

Big Lagoon

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