Blogger: Sault Tribe's Lansing Casino Won't Happen; Mayor Irresponsibly Dangles Economic Carrot

Turtle Talk

Commentary on Sault Tribe’s Proposed Lansing Casino
1.23.2012

I can’t not say anything, since this proposed casino is in our own backyard. But seriously? The mayor says in 12-24 months he expects construction to start, and then another year or so after that there will be a fully functioning Indian casino in Lansing.

Wow.

We’re going to predict that it won’t happen. No chance.

Off-reservation Indian gaming is the most hotly-contested, politicized issue in American Indian affairs right now and maybe forever. Think of the interests arrayed against a Lansing casino, let alone one owned by an Indian tribe. The Detroit casinos will be opposed because it will cut into their bottom lines, and the entire City of Detroit, the Michigan Congressional delegation, the unions,everyone will throw their weight against this casino proposal...

Of course, I’m no political scientist. Politics is money (see Citizens United) and anything can happen, including a backlash against Indian gaming that persuades Congress to ban off-reservation gaming. But the mayor’s three years is a dream, and kind of sick thing to promise to people in Lansing who might believe the mayor and see this as a real possibility for improving their lives. (Complete Blog Post)

Mayor Heralds Off-Reservation Casino Schemes in Lansing; Then Uses Racial Slurs to Attack Native American Opponents

Lansing Mayor Virg Bernero recently announced a plan to bring a $245 million tribal casino to downtown Lansing. The casino would be adjacent to the Lansing Center near Cedar Street and Michigan Avenue. However, there's nothing to suggest that the Sault Ste Marie tribe of Chippewa Indians has the necessary state and federal approvals to build any off-reservations casino.

In fact, the former chairman of the National Indian Gaming Commission has recently opined such would be illegal under current guidelines.

Bernero subsequently came under fire for what two Michigan tribes described as a string of anti-Indian racial slurs at a fund-raising speech last week, denied Monday that he directed his remarks toward Americans Indians, but apologized “to any and all who were offended by my choice of words.”

click arrow below to play video here
 

Opinion: New York Betting Too Much on Gambling

Suffolk Closeup: Betting on a casino

1.21.2012

By Karl Grossman 

The current issue of New York magazine speaks of Governor Andrew Cuomo seeking “gambling everywhere.” That’s a bit of an exaggeration. In his recent State of the State speech, Mr. Cuomo called for a change in the state constitution to allow for non-Indian, off-reservation casinos in New York, which currently prohibits them. It’s not “gambling everywhere” but the governor does want a major expansion of legalized gambling.

“Cuomo Bets On A Casino” was the headline in Newsday. It referred specifically to Aqueduct Racetrack in Queens as a place where the governor wants to see a big casino.

A casino there would be a problem for the Shinnecock Indian Nation, which wants to build a casino at nearby Belmont Park in Elmont. Newsday quoted State Senator Jack Martins of Mineola as saying a casino at Aqueduct would “effectively kill” plans for a Shinnecock casino at Belmont. A broader concern is whether or not the legalized gambling market is being saturated by casinos opening all over the nation, -Native American and non-Indian.

Mr. Cuomo is betting on a big financial boost for New York State through a major expansion of legalized gambling here but the market has its limits.

The day of Mr. Cuomo’s State of the State speech, the New York Times reported on the “hopes of reviving Atlantic City.” Gambling revenue was down in Atlantic City, the Times reported, and there’s hope that a new $2.4 billion resort and casino, being built with state financial help, will “usher in a new era for Atlantic City.”

“Atlantic City has been in decline since 2006,” the Times reported, “when Pennsylvania opened its first casino, beginning a slow bleed of gamblers that have never returned. With rival casinos opening in Connecticut, Delaware, Maryland and upstate New York, there is little Atlantic City can do to stop the loss …”

This spread of gambling has not only hurt Atlantic City but Las Vegas, too, and severely. Factor in the impact of the recession on gambling and it would seem the industry is in trouble. So how can New York State figure on a big win?

But that’s the dream -or illusion-, not only in New York but other areas of the nation. A Times story last month reported on the Florida Legislature considering three “Las Vegas-style casino resorts” in south Florida to offset the economic downturn following the burst of Florida’s big real estate bubble.

Meanwhile, what about gambling as a way for Indian tribes to break out of centuries of economic hard times? That was the basis of the Indian Gaming Regulatory Act of 1988, the federal law that set up a system under which Native Americans were given the go-ahead -and structure- to develop gambling.

It was a kind of long-delayed reparation for Native Americans for the loss of their homeland and culture and it has made some tribes-, including several in Connecticut-, super-wealthy.

These days, if you take a drive on the stretch of New Mexico between Albuquerque and Santa Fe, you’ll come upon a gambling casino every few miles, in front of each Indian pueblo, with few cars in their parking lots. And in recent years, with non-Indians being allowed to get into gambling elsewhere, it’s not just intra-Indian competition that’s diluting the market.

Although legalized gambling had to come, it’s a problematic activity for society. There are the high-rollers at casinos in Las Vegas and Atlantic City and Connecticut. My impression of the bulk of bettors, however, is that they are desperate people who mostly play the one-armed bandits, dumping in their quarters, hoping for a bonanza.

For society to benefit by drawing money from legalized gambling- as it cannot from illegal gambling- is one thing. But to promote it, subsidize it and depend on it is another.

Then there’s the over-expansion, and the consequent cost to Native Americans including the Shinnecocks, who have had it tough economically for centuries and only recently achieved federal tribal recognition. They had been hoping for some payback, finally. Now the house may be rigging the game against them.

CA Tribes & Alliance First Major Contributors to Gov. Jerry Brown's Tax Initiative

California tribes give $275,000 to Gov. Jerry Brown's initiative

12.20.2011

By Kevin Yamamura

California gambling tribes have given $275,000 toward Gov. Jerry Brown's new 2012 ballot initiative to raise taxes on sales and the wealthy, the first known major contribution to his effort.

The California Tribal Business Alliance and two of its member tribes have written checks to help Brown's cause, said the group's political director, David Quintana. The Alliance gave $75,000, while the Lytton Band of Pomo Indians and Paskenta Band of Nomlaki Indians each gave $100,000.

Brown's initiative would raise the sales tax by a half-cent and increase income taxes starting at $250,000 for individuals to raise an estimated $7 billion in the first fiscal year. Both would expire at the end of 2016.

"We wholeheartedly support this governor's vision for California," Quintana said. "We want to make sure the governor's vision can get before the voters so they can make a choice. We run the gamut of businesses, and if we don't have a healthy economy our businesses are going to suffer."

The California Tribal Business Alliance was active this year in opposing a bill backed by cardrooms and other gambling tribes to legalize Internet poker. Asked about the group's legislative interests as motivation, Quintana said, "No, what this is about is the state of California. We stand firmly behind his vision."

The contributions mark the first known major financial support to Brown's initiative campaign, though it has become difficult to track donations since the secretary of state's campaign finance website, Cal-Access, failed earlier this month.

The governor must collect 807,615 valid signatures of registered voters, an effort that could cost $3 million or more, depending on how many groups are circulating petitions at the same time.

Shinnecock Citizens Reject Gateway Casino Agreement

Shinnecock Citizens Reject Gateway Casino Agreement
12.20.2011

By Gale Courey Toensing

A majority of Shinnecock Indian Nation members rejected a controversial gaming agreement with its longtime financier, Detroit-based Gateway Casino Resorts, in a referendum December 15.

Members were asked to vote yes or no on authorizing the Board of Trustees to enter into a non-interference and enabling agreement that would hand over to the tribe’s gaming authority the ability to make all casino decisions with Gateway on the tribe’s behalf without any input from the members. The agreement was defeated by a vote of 153-121. The scandal-plagued Gateway has investing millions of dollars in the tribe over the past eight years.

The elected three-member Board of Trustees issued a statement indicating they intend to continue pursuing a relationship with Gateway. “While some may want to put their own spin on this vote, the elected leadership of the Shinnecock Indian Nation remains committed to the eight-year partnership we have had with Gateway and remains committed to pursuing economic opportunities for our people, including off-reservation gaming on Long Island. We have made tremendous strides in these last eight years and will not turn back now,” the trustees said. The board includes Chairman Randy King and trustees Gerrod T. Smith and Frederick C. Bess.

Opponents of the agreement were concerned that the contract with Gateway, which included among other things a waiver of tribal immunity, would erode the tribe’s sovereignty and would give Gateway too much of the tribe’s revenues. The proposed agreement stipulated that Gateway would keep 28 percent of monthly casino revenues.

Lance Gumbs, a former trustee, was a vocal opponent of the Gateway agreement, said he voted against the agreement. “Gateway needs to understand that they are not going to control our tribe,” Gumbs said.

A detailed story will follow.

What's Caused the Apparent Rift between Detroit Casino Syndicator Michael Malik and Shinnecock Lance Gumbs; and Who's Being Enriched by Malik?

Michael J. Malik, Sr.,
controversial co-founder,
Gateway Casino Resorts, L.L.C.

A News Day article reporting on the Shinnecock Indian Nation's rejection of a new contract with Detroit-based Gateway Casino Resorts and its co-founder Michael J. Malk, Sr., includes the following:

"Gateway needs to understand that they are not going to control our tribe," said Lance Gumbs, a former tribal trustee who voted against the pact.

During the last decade Lance Gumbs, then a trustee of the Shinnecock Indian Nation was one of those out front on efforts to gain Federal Recognition and pursue casino development.  However, in an unprecedented run-off earlier this year, Gumbs was ousted as Trustee by Fred Bess, a former Trustee. It's been reported that Bess is seen by some members of the Tribe as a tool of casino syndicator Malik.

Had Gumbs been a perceived as useful to Detroit casino syndicator Michael Malik, it's likely that Malik would have helped to ensure Gumbs remained in a leadership role.  However, had Gumbs fallen out of favor with Malik, it's likely Malik or his agents would have worked to replace Gumbs as trustee.

There's some suggestion that among other things, Gumbs believes the Shinnecock should undertake casino development closer to its Long Island Reservation.  Malik apparently wants a site closer to Manhattan.  A recent Shinnecock gaming update circulated included artist's renderings of a mega casino-entertainment development labeled "Governor's Island."

This past week, it's come to light that a war has been brewing among those on the Shinnecock's Long Island reservation.  And now it's clear that Gumbs was among those who stood against the Tribe signing a new go-forward contract with Malik's syndicate Gateway Casino Resorts, LLC, despite that Malik and fellow investors may have spent as much as $40 million helping the Shinnecock receive Federal Recognition and advancing schemes for casinos.  Last night, Shinnecock tribal members voted 121 to 153 against continuing the partnership with Malik's Gateway.

Lance R. Gumbs
tribal leader,
Shinnecock Indian Nation

That Malik has apparently been funneling payments to as many as 12 members of the Shinnecock Nation, is one of the things that reportedly caused some among the Shinnecock to distrust and be suspicious of Malik. Some individuals have been treated to trips out of state on Malik's personal G4 aircraft. Nearly 600 members of the tribe live on the reservation and hundreds more are enrolled as members.

• Why is Gumbs no longer a Shinnecock Nation Trustee?  What went on behind the scenes of the last election?
• Was Gumbs once the recipient of payments from Malik and then suddenly cut-off?
• If a rift occurred between Gumbs and Malik, what else was that about?
• Since Malik succeeded convicted felon Ivy Ong as the Tribe's partner, who has received payments, gifts, trips, honorariums or other enrichment from Malik, his affiliates or agents?  
• What roles do those individuals play, or have they played, with the Tribe?  
• How is paying off certain members of the Shinnecock Nation different than the payola Malik's one-time MotorCity Casino partner Herb Strather funneled to members of the Mashpee Wampanoag tribe via its one-time Chair Glenn Marshall?

See also:

• Shinnecock Gumbs named to Newspaper's Power List Hall of Fame
• indianz.com: Trustee Lance Gumbs ousted by Shinnecock Nation Voters
• It's Carcieri not Malik that poses Bigger Problems for the Shinnecock Nation
• Statement by the Trustees of the Shinnecock Nation Following Thursday's Vote Denying them Authority to Contract with Detroit Casino Syndicator
• Distrust and Suspicion of Detroiter Michael Malik Cause Tribe to Reject Casino Syndicator, New Contract
• Shinnecock Vote Down gaming pact with Gateway Casino Resorts, reject longtime investors Michael Malik & Marian Ilitch
• Votes Are Counted & Shinnecock Nation Gives Thumbs Down to Contract with Michael Malik's Gateway Casino Resorts
• Artist's Renderings of Detroiters' Planned Shinnecock Casino Development at Belmont Race Track
• What They Won't Tell You: Insights on Gateway Casino Resorts, its Detroit Organizers and Their Plans for Shinnecock Casinos

Shinnecock Gumbs named to Newspaper's Power List Hall of Fame

Lance Gumbs, Shinnecock Indian Nation

The Shinnecock Indians would have been among the first aboriginal people to meet the settlers from Europe. Yet despite a long-documented relationship with the United States, the Shinnecock Nation was only finally “recognized” last year. This long-awaited designation was in no small part due to the unrelenting efforts of Lance Gumbs, a local entrepreneur and former tribal trustee who is largely credited with moving the recognition process to the front burner at the federal Bureau of Indian Affairs. Economically and socially, federal recognition means many things to a tribe, but the most high-profile aspect involves the tribe’s right to secure a Class III gaming license on its territory or off-reservation land held in trust by the U.S. government. The issue of gaming has placed Gumbs and the current leadership of Shinnecock in the spotlight for the enormous economic potential for both the Shinnecock people and the surrounding municipalities that are suddenly vying to curry favor with the long-ignored tribe. Never one to shrink from conflict or defend the ancestral right of his people, Gumbs is uniquely suited to help lead the charge until a Shinnecock-owned and operated gambling enterprise is itself fully recognized.

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

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

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

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

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

SCOTUS: Carcieri v. Salazar

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

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

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

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

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

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

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

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

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

See also:

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

Statement by the Trustees of the Shinnecock Nation Following Thursday's Vote Denying them Authority to Contract with Detroit Casino Syndicator

As the elected leaders of the Shinnecock Indian Nation, we understand and accept the vote of our people on Thursday. While some may want to put their own spin on this vote, the elected leadership of the Shinnecock Indian Nation remains committed to the eight-year partnership we have had with Gateway and remains committed to pursuing economic opportunities for our people, including off-reservation gaming on Long Island. We have made tremendous strides in these last eight years and will not turn back now.

We hear clearly that we must do a better job of explaining and clarifying these agreements for our people, while also remaining open to adjustments to address legitimate concerns. We will work with our independent experts to ensure our people get accurate information about the terms, which were carefully negotiated for more than a year. We will not allow false and misleading information, peddled by negative forces, to stop the Shinnecock Indian Nation from getting the economic opportunities we have long been denied.

Shinnecock Indian Nation Tribal Board of Trustees Chairman Randy King, Trustee Gerrod T. Smith and Trustee Frederick C. Bess on the Shinnecock Nation Tribal Vote December 15th

According to the Daily News, former Shinnecock Nation Trustee Lance R. Gumbs had this to say following Thursday's vote:

"Gateway [Michael Malik and Marian Ilitch] needs to understand that they are not going to control our tribe," said Lance Gumbs, a former tribal trustee who voted against the pact.

Former Los Coyotes Chairwoman Dies at Age 91; She Supported Barstow Casino Plans but Grew Intolerant of Detroiter Michael Malik

Los Coyotes Elder Katherine Siva Saubel
Keeper of Cahuilla Culture, Language

Katherine Siva Saubel, a former chairwoman of the Los Coyotes Band of Cahuilla and Cupeno Indians has died at age 92.  She was one of the last fluent speakers of the Cahuilla (Kah-WEE'-yuh) Indian language, who helped document the lore of the Southern California tribe.

Her nephew, Kevin Siva, tells the Los Angeles Times she died Nov. 1 at her home on the Morongo reservation near Banning.

Saubel was born in 1920 on the Los Coyotes reservation in San Diego County and was the eighth of her parents’ eleven children.  When she was four, her family relocated to the Palm Springs area where it is believed she was the first Native American woman to graduate from Palm Springs High School.

She married Mariano Saubel, a resident of the Morongo Reservation, in 1940.  They were married 45 years and the parents of a son. 

Saubel worked with researchers to produce a Cahuilla dictionary and grammar book and preserved the songs and medicinal lore of the threatened culture. In 1964, she helped launch the Malki Museum near Banning, the first nonprofit museum found and managed by American Indians on a reservation.

The Cahuilla (pronounced ka-wee-yah), once one of the largest California Indian tribes, are concentrated in Riverside and San Diego counties. Among the more prominent Cahuilla bands are the Morongo and the Agua Caliente band in Palm Springs.

In 1998, as an activist, Saubel brought electricity to the Los Coyotes Reservation near Warner Springs in San Diego County. She would later be embroiled in a bitter fight to eject certain tribal members from the Reservation.

Then, for the better part of the first decade of the new millennium, Saubel served as Los Coyotes’ Chairwoman.  In partnership with Barwest LLC, a Detroit-based casino syndicate organized by Marian Ilitch and Michael Malik, she attempted to establish an off-reservation casino for the Los Coyotes Indians in Barstow (CA), midway between Los Angeles and Las Vegas. 

After experiencing a string of failed schemes and disappointing setbacks, Saubel grew increasingly frustrated with and skeptical of Mike Malik.  When she could no longer take his bullying and intimidation she simply terminated Los Coyotes’ exclusivity agreement with Barwest.  Malik was furious.  Saubel told reporters Malik was ‘The Devil’ and alleged he was responsible for ‘seducing’ younger members of the Los Coyotes tribe. 

Subsequently, Malik and his operatives had Saubel removed as Los Coyotes’ chairwoman.  As her replacement he recruited the young and inexperienced Shane Chapparosa, one of the younger members of the tribe whom Saubel had accused Malik of seducing.

Saubel received an honorary PhD in philosophy from La Sierra University, Riverside, California, and was awarded the Chancellor’s Medal, the highest honor bestowed by theUniversity of California at the University of California, Riverside.

Funeral mass and burial for Dr. Saubel are scheduled for Nov. 8 at St. Mary’s Indian Mission and St. Mary’s Catholic Cemetery in Banning.

Among the various tributes to Dr. Saubel:

• Banning Beaumont Patch: Malki Museum Closed Tuesday to Honor Co-Founder, Katherine Siva Saubel, PhD
• Gannett:   Native American culture expert dies at 91
• Idyllwild Town Crier: Dr. Katherine Siva Saubel passed away Tuesday, Nov. 1
• Indianz.com:  Katherine Siva Saubel, Los Coyotes scholar, passes on at 91
• Los Angeles Times:  Katherine Siva Saubel, preserver of Cahuilla culture, dies at 91
• Malki Museum:  Memories Celebrating Dr. Katherine Siva Saubel
• Riverside P-E:  Katherine Siva Saubel remembered for her accomplishments
• Sacramento Bee:  So. Calif. Indian activist Katherine Saubel dies
• The Desert Sun: Cahuilla elder, icon Katherine Siva Saubel dies

National Women’s Hall of Fame

Wikipedia

Malki Museum History

Was it Dennis Whittlesey's Intent to make the case for Michael Malik's Los Coyotes Barstow (Off-Reservation) Casino?

For more than 15 years, attorney Dennis Whittlesey has been a tool of Detroit gambling promoters.  Among other things, Detroiter Michael Malik’s crew has previously introduced him into their Barstow (CA) casino schemes.  With his latest article is Whittlesey making the case for Malik’s Los Coyotes casino in Barstow, 165 miles away from the tribe’s so-called "remote" and "undevelopable," geographically undesireable San Diego County reservation?

United States: Another Tribal Casino Facing Financial Distress – This One May Have Been Its Own Worst Enemy

11.01.2011

By Dennis J. Whittlesey

...The casino site is located on the Dry Creek Rancheria, a small federal fee tract of land located some seven miles east of U.S. Highway 101 at Geyserville. Visitors must drive a two-lane country road to reach the site, and then navigate a narrow, winding country road (now paved) up a steep hillside to the casino itself. Water supply and waste disposal have been problems in the past, although one of the project's worst problems was that the hill was unstable and a major "hillside stabilization project" had to be completed before major construction could be commenced. That project reportedly cost some $15 million at the time.

Because of the narrow roads serving the casino site from U.S. 101, access always has been a concern. Indeed, a major component of the refinancing would provide funding to construct an emergency access road.

Prior to the casino's construction, the Alexander Valley Association (an organization consisting of the landowners within the valley) even brokered agreements with local and federal officials and politicians that would have facilitated a rare off-reservation casino development. Proposed sites for the casino were located adjacent to U.S. 101 and featured easy access to the site. Comprehensive utility services were in place for each of the prospective sites, not the least of which were those for water and sewer. For reasons never made clear, the tribe and its developers rejected all of these alternative locations in favor of using Rancheria land.

The tried and true axiom for any real estate acquisition is "location, location, location." A prime consideration for many casino developments has been the ability to "capture" highway traffic to augment the local population clientele. While there are no known publicly released studies identifying the capture rate for River Rock, geographical location may raise some concerns.

The casino is constructed, so relocating to improve the capture rate may not be a viable option. With the challenges in today's finance markets, the consequences of past decisions can be, and often are, amplified. The confluence of today's "new [ab]normal" finance markets and past decisions may well spin the tale of River Rock when its story is finally written.

President/Chairman Parker, Longtime Crony of Detroit Gambling Promoter Michael Malik, Tossed Out by Bay Mills Indian Community Voters

Jeff Parker held the Presidency of the Bay Mills Executive Committee for a total of 20 years coinciding with Detroit gambling promoter Michael Malik's influence over the Bay Mills Indian Community (Brimley, MI). In an election held today among Bay Mills voters, Parker was tossed out of office losing his re-election bid to newcomer Kurt Perron, 54% to 46%.

Parker and Malik had pursued failed schemes to develop an off-reservation casino in Port Huron (MI) for a generation. Malik's various syndicated affiliates (Blue Water Resorts, etc.) have spent millions lobbying in Lansing and Washington, D.C. and attempting to buy influence with key politicians.  Recently they opened a small slots casino in Vanderbilt (MI) which was subsequently ordered closed by court order.

They had announced an intent, albeit hollow, to similarly open a casino in Flint Township. Attempting to shore up credibility with Bay Mills voters, Parker had made several high-profile PR appearances in Flint Township suggesting he was on the verge of opening the casino there and as such, bringing increased economic prosperity to both Flint and the Bay Mills Indian Community.

Perron defeats Parker for chairman's seat

11.02.2011

BAY MILLS — A new face will head up Bay Mills Executive Council as a result of the Nov. 2 General Election. Kurt Perron defeated incumbent Jeff Parker 321 [54%] - 273 [46%]. Perron will be joined by another fresh face on the council, as Joe LeBlanc defeated Allyn Cameron 313-280 for the vice chairman's seat. Incumbents Richard LeBlanc, John Paul Lufkins, and Dwight "Bucko" Teeple will remain on the council.

Another upset this election was the seat of chief judge. Incumbent Shelly Deuman lost to Levi Carrick, Sr.

Taking seats as appellate judges will be Shannon (Lufkins) Belk and Justin Teeple.

See also:

• Bay Mills President Parker in Nov 2 General Election Run-Off; He's Controlled the Tribe for 20 Years
• It's an Election Year and Bay Mills Chairman Jeff Parker Wants Constituents to See Him as Good for the Economy both on and off Reservation
• Same 20-Year-Old Story, Bay Mills Chairman Teasing Business Leaders with Hopeless Casino Plans
• Scandal Continues to Plague Political and Lobbying Activities of Detroiters Bankrolling Casino Plans
• Michael Malik: The Latest Life & Times of a Detroit Casino Syndicator
• Compendium of 12 past posts regarding Bay Mills Indian Community's plastics ventures
• UPDATE: Posts set context and detail schemes, conflict$ behind Detroiters' off-reservation casino proposal
• Tribe to borrow $4 million to fund federal grant requirement, other investments in Malik’s Plastics venture

Court Rules Los Coyotes can Toss Eagle Rock from Reservation

Court denies training center's temporary restraining order

10.28.2011

By Edward Sifuentes

A federal judge ruled Friday that the Los Coyotes Band of Mission Indians can evict a military training center off its North County reservation.

The Eagle Rock Training Center is the site where a fire started July 21 and burned about 22 square miles.

The firm, which leased the land on the reservation for the training facility, filed a lawsuit in federal court Sept. 15 after the tribe attempted to evict the business from the reservation.

Attorneys for Eagle Rock asked the Judge William Q. Hayes to issue a temporary restraining order to keep the tribe from pushing them out.

On Friday, Hayes denied their request.

At issue is whether the tribe's then-chairwoman, Francine Kupsch, had the authority to agree to the lease on behalf of the tribe.

Hayes said she did not.

"ERTC has failed to present any evidence to show that the Los Coyotes General Council authorized any version of the lease," Hayes wrote.

Sean Roach, Eagle Rock's CEO, declined to comment Friday night.

After the tribe gave the training center an eviction notice in June, Eagle Rock officials said in court documents that they attempted to negotiate with the tribe to clarify the lease agreement, but that tribal officials "failed to negotiate in good faith," according to the lawsuit.

Earlier this month, Mark Radoff, an attorney for Los Coyotes, told the North County Times that the tribe can not be sued because of sovereign immunity and that there was no lease agreement because it was never approved by the U.S. Bureau of Indian Affairs.

Eagle Rock officials said in court documents that they were told the tribal council had voted and approved the lease and that the chairwoman signed a lease agreement that included a waiver of the tribe's sovereign immunity.

Hayes cited previous rulings that say "sovereign immunity cannot be implied but must be unequivocally expressed" and that there is a "strong presumption against waiver of tribal sovereign immunity."

The firm also alleged that the dispute over the lease agreement and the tensions it created between the tribe and the company may have led to the fire.

Two tribal members were arrested shortly after the fire and charged with arson for setting a guard shack belonging to Eagle Rock on fire. Both men have pleaded not guilty to the charges.

"Members of Los Coyotes even threatened to take matters into their own hands if ERTC did not vacate the property," according to court documents. "Tragically, such threats came to fruition when the tribe allowed certain tribal members to take matters into their own hands by pouring gasoline on the ERTC's security booth and lighting it on fire."

Concerns Raised that "Investors" like Ivy Ong, Ilitch Family are Dangerous to Tribes' Long Term Interests

The Shinnecock Casino Campaign: Tribal Identity, Local Politics and Tangled Legalities

By John A. Strong

Professor Emeritus , Long Island University

...Ivy Ong, apparently frustrated that Peebles’ initial legal strategy had been rejected by Judge Platt, was reported to be negotiating the sale of his majority interest in the Shinnecock casino with [Michael Malik and ] Michael and Marian Ilitch, who own Little Caesar’s Pizza, the  Detroit Tigers, the Detroit Red Wings and MotorCity Casino.

 Tribes have had to rely on sources of money and support which have their own agendas.  Signed agreements with tribes stipulating a specific percentage of the anticipated casino profits, for example, can be used as collateral to raise money for another enterprise.  Investors, such as Ivy Ong and the Ilitch family, are willing to spend huge sums of money in the hopes that there will be a profitable payoff in casino profits.
 
If there is no immediate pay-off, they move on, often leaving the tribe in disarray.  There is a danger that a small tribe will find it difficult to protect its own long term interests when dealing with such wealthy, highly sophisticated groups of investors and their teams of lawyers and public relations consultants...

Bay Mills President Parker in Nov 2 General Election Run-Off; He's Controlled the Tribe for 20 Years

A Primary Election at the Bay Mills Indian Community was held Oct. 19. The following results have been announced and those in bold are headed to the General Election run-off Nov. 2:

Executive Council President: Jeff Parker* (208), Kurt Perron (189), Terry Carrick (94)

Vice President: Joseph LeBlanc  (181), Allyn Cameron (189), Corrine Cameron (119)

Secretary: Richard LeBlanc* (225), Sherri Schofield (118), Greg Parker (147)

Treasurer: John P. Lufkins* (252), Diane Teeple (126), Paula Carrick (110)

Councilperson: Dwight "Bucko" Teeple* (196), Jason A. LeBlanc, Sr. (70), Alexander Easton (144), Brenda Bjork (82)

Chief Judge: Shelly Deuman* (114), Leah M. Parish (84), Arthur J. LeBlanc (26), Levi D. Carrick, Sr. (226), Robert Passage (46)

Appellate Judge: Lynda Parrish-Pesola (172), Tim Kinney II (90), Randy Touchtone (116), Shannon Belk (281), Justin Teeple (214)

* incumbent

Terry Carrick,current Vice President, had challenged incumbent President Jeff Parker in the primary.

Further General Election details (early balloting requests, etc.) are available via Bay Mills News.

Jeffrey Parker: 20 year Grip on Bay Mills Council

Jeff Parker was first elected President of the Bay Mills Executive Council in 1989.  In 2001 he was defeated by L. John Lufkins but Parker won back the seat and has held onto the President’s office since 2003.  Parker and Malik had their grip on the Bay Mills Indian Community for 20 of the last 22 years!  Having Parker as president of the Council and Tribal Chair is critical to the business schemes of controversial Detroit Wheeler-Dealer Michael Malik.

For nearly two decades Mike Malik has been in cahoots with Parker, using Parker to front for his taxpayer funded schemes.  

It’s really Malik and his non-Native American cronies who have been spearheading and financing the decades long quest to establish a Bay Mills casino off-reservation – namely schemes for Port Huron (MI). The Michigan Gaming Commission rejected Malik's involvement in Detroit's MotorCity Casino in 1999. He can't get a license allowing any affiliation with a commercial casino which is his primary motivation behind the Bay Mills Indian schemes. Malik and his financial syndicates have spent millions on lawyers, capitol hill lobbying and political contributions trying to get special treatment that would lead to a casino but their numerous schemes have failed.  It’s predictable that each election season they resurrect their casino schemes and suggest to reporters and constituents that approvals are right around the corner. NOT! 

During the past decade Malik has used Parker’s Native American status to qualify for thousands, and perhaps millions, in federal grants and assistance.  Those schemes have funneled hundreds of thousands to questionable business ventures that Malik is secretly behind.  Most recently a supposed “plastics venture.” Malik and his pals have given thousands to Michigan Senator Debbie Stabenow; in 2006 she announced nearly $1 million in federal taxpayer funds would go to the plastics venture in which Malik owns at least  49%.

After TVT and others began raising questions about the plastics venture and Malik’s involvement in the scheme, any references to Malik, his casino entity Blue Water Resorts, International Composite Institute of Michigan, Polycomp, Inc., Integrated Composites, L.L.C. and other related entities were purged from the archives of the Bay Mills News. Before that we had learned that at a 2005 Bay Mills Council meeting, members raised questions about this venture and Malik’s involvement at the meeting, those questions and comments went ignored and unacknowledged by Parker.

It has been rumored the FBI is investigating the Parker/Malik ventures.

See these related posts:

• Jeff Parker, Bay Mills' plastics ventures rumored to be subject of FBI investigation
• Compendium of 12 past posts regarding Bay Mills Indian Community's plastics ventures
• Jeff Parker re-elected Bay Mills President; beats former President John Lufkins
• Another battle between Parker and Lufkins for presidency of Bay Mills Indian Community
• UPDATE: Posts set context and detail schemes, conflict$ behind Detroiters' off-reservation casino proposal
• Tribe to borrow $4 million to fund federal grant requirement, other investments in Plastics venture
• Tribe's chair reported two members were hired for its plastics business
• UPDATED: Tribal leader admits lobbyists were trying to sneak casino plans through Congress without alerting opposition

indianz.com: Trustee Lance Gumbs ousted by Shinnecock Nation Voters

Shinnecock Nation voters oust incumbent trustee in run-off
4.13.2011

The Shinnecock Nation of New York held its first run-off election in over 200 years.

Voters ousted incumbent Lance Gumbs and elected Frederick C. Bess, a former trustee. This will be Bess's sixth term on the board.

This was the tribe's first election since gaining federal recognition last October.

Get the Story:
Bess Wins Shinnecock Trustee Runoff (The Southampton Patch 4/12)

Related Stories:
Shinnecock Nation holds first election after federal recognition (4/6)

Blogger's Update:  A published report in the Southampton News confirms some tribal members believe that Trustee Bess is a tool of Detroit casino syndicator Michael J. Malik, Sr.  Malik and his Gateway Casino Resorts syndicate have bankrolled the Shinnecock quest for Federal Recognition and other steps needed to develop gambling halls.  Some reports suggest Malik and his investors have spent upwards of $40 million advancing their casino dreams in New York. It's not clear what has caused the rift between Lance Gumbs and Malik but it seems to have driven a large wedge between the two.  It may be the notion that Gumbs prefers the Shinnecock develop gambling halls nearer their Long Island Reservation. Detroiter Malik might obviously like to open gambling halls more convenient to Manhattan -- perhaps even in New York Harbor.

Industry experts not optimistic about Ilitch Shinnecock plans for New York Casino

6.30.09

Tribe told not to expect quick results on gaming

By Michael Wright

The East Hampton Press

A settlement of a key portion of a legal battle between the Shinnecock Indian Nation and the U.S. Bureau of Indian Affairs fed widespread media speculation that the Shinnecocks and their Detroit-based financial backers [Marian Ilitch and Michael J. Malik, Sr.] are now on a fast track to opening a gaming facility in New York City or on Long Island.

But even though a court-ordered ruling on the tribe’s federal recognition application—the key step to gaming rights—is due by December, and the tribe could get the federal go-ahead by mid-2010, many in the New York gaming industry say the hurdles Shinnecocks face are numerous, and significant.

At a gaming industry conference in Saratoga Springs last week, a host of industry veterans and even 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 Shinnecocks’ casino bid and the speculation that the court settlement spawned were a main focus of the keynote speech given by John D. Sabini, chairman of the New York State Racing and Wagering Board at the two-day New York Gaming Summit. He said that gaming prospects have seemed imminent in the past and ended up languishing for decades.

“I don’t think it’s a slam-dunk that they even get federal recognition from the Bureau of Indian Affairs and Department of the Interior,” Mr. Sabini said of the Shinnecocks in his keynote speech. “There are no sure things in gaming. This involves a lot of moving parts at the federal level.”

In an interview, Mr. Sabini noted that earning federal recognition is just the first step in a complicated battle for the tribe to get rights to a casino operation. He nodded to the cautionary tales told by the leaders of three other Native American tribes—the Seneca, Oneida and St. Regis Mohawks—all of whom have had federal recognition for 
years, even decades, and are still fighting to get approval for casinos that they thought would be open for business years ago.

“Some newspapers said [the court settlement] would mean they have the inside track for Belmont. There’s so much between here and there,” Mr. Sabini said, of a report that the tribe had expressed interest in a gaming facility adjacent to the Nassau County horse racing venue. “[State Assembly Speaker Sheldon] Silver has been clear—he doesn’t want gaming there.”

The State Legislature has already approved gaming through the use of up to 4,500 video lottery machines, or VLTs, at the Aqueduct racetrack in Queens. State representatives of the areas surrounding Belmont Racetrack have also introduced proposals to allow gaming—a potential tax revenue bounty—in their backyard as well. But Mr. Silver, who represents Lower Manhattan in the State Assembly, has sworn he will never support gaming at the Belmont property.

In 2007, shortly after the state opened bidding on the Aqueduct gaming contract, the tribe proposed a $1.4 billion casino and hotel adjacent to the Queens racetrack. But at last week’s state gaming conference, Bill Murray, the deputy director of the New York Lottery, which will license any future gaming operations at the racetrack, said that the state is close to deciding on one of the seven official bidders for gaming there. The Shinnecocks are not on the list of bidders—though the development company Delaware North, which sponsored the gaming conference, is. Mr. Murray said the decision on the contract will be made in a matter of weeks, effectively eliminating the Shinnecocks, since the tribe will not receive federal recognition until 2010 at the earliest.

Shinnecock Indian Nation Tribal Trustee Fred Bess turned a bit of the naysayers’ own warnings back on them, though, with regard to the Aqueduct proposal.

“Things take a long time to happen,” he said when asked if Aqueduct was off the tribe’s radar because of the timeline Mr. Murray suggested. “Once we take care of our federal recognition application, we’ll see where things stand.”

This is the first part of a three-part series on the Shinnecock Indian Nation and its possible future in the gaming industry.

Former aide to Rep. Kildee to advise White House on Native American affairs

7.15.09

Obama Hires Adviser on Indian Issues

President Obama made good on a campaign promise to have an American Indian adviser in the White House to counsel him on tribal issues. He appointed Kimberly Teehee as a senior policy adviser for Native American affairs. Ms. Teehee is a member of the Cherokee Nation and has worked for Representative Dale E. Kildee, Democrat of Michigan, for the last decade. She will be a member of Mr. Obama’s domestic policy council.

TVT Editors' Note: Rep. Dale Kildee has supported failed bills introduced in the House of Representatives over the last decade which were intended to approve a land settlement claim favoring the Bay Mills Indian Community and paving the way for them to build an off-reservation casino in Port Huron, MI in partnership with Detrot casino syndicator Michael J. Malik, Sr., and his syndication affiliate Blue Water Resorts. That proposal is also supported by Mike and Marian Ilitch (They own the Detroit Red Wings and co-founded Little Caesars pizza stores. He owns the Detroit Tigers. She owns Detroit's MotorCity Casino) and other members of their family. The Michigan congressional delegation has been split on the Malik/Bay Mills proposal.

Shinnecock security guards going to extremes on Westwoods property

7.09.08

Trustees continue to investigate beach access issue
By Vera Chinese

Southampton Village resident Timothy Corwin is still awaiting an explanation as to why he was accosted—and allegedly threatened—by a security guard for the Shinnecock Indian Nation while walking along the beach last summer on the tribe’s Westwoods property, which overlooks Peconic Bay in Hampton Bays.

“They said they had the authority to drop me where I stood,” Mr. Corwin, who later reported the incident to the New York State Police and Southampton Town Trustees, said of the lone security guard. “I would take that as a physical threat, but I didn’t see any point in getting into fisticuffs with the guy.”

According to Mr. Corwin, he was walking on the beach below the high water mark—an area that is traditionally governed by the Southampton Town Trustees, in accordance with the Dongan Patent, and accessible to all town residents.

Mr. Corwin’s encounter was not an isolated incident. Last month, four people were injured in a brawl after authorities said two Shinnecock tribe members approached a group of young adults who were hanging out on the beach along the Westwoods property. State Police said the fight started after the two Shinnecocks told group members that they were trespassing on tribal property. One of the victims had to be airlifted to the hospital after being hit in the head with an unidentified object, and two other men suffered injuries after they were swatted with burning logs from a nearby bonfire. One of the Shinnecocks suffered a broken wrist during the melee, police said...

Undermining that argument is a ruling last year by U.S. District Court Judge Joseph F. Bianco. He determined that the Westwoods property, which is located north of Newtown Road, cannot be considered sovereign tribal land. In his October 2007 ruling, Judge Bianco said the land cannot be sovereign because the tribe had relinquished its ownership for a time in the 1600s. Therefore, the judge said, a gaming facility cannot be built on the property once the Shinnecocks receive federal recognition.

According to the 130-page ruling, the Westwoods property is not exempt from Southampton Town zoning laws and must comply with residential zoning. That would mean that Southampton Town residents are allowed to be on the beach, below the high water mark, as is true throughout the town. If this is the case, then the Shinnecocks would not be within their rights to block people from walking below the high water mark... (Complete Story)

Official Who Tossed Out Gaming Applications Leaving BIA

5.02.08

BIA chief quits unexpectedly
by: Rob Capriccioso

WASHINGTON - After serving for just over a year as assistant secretary for Indian Affairs, Carl J. Artman is leaving the Bush administration. His resignation comes as a surprise to many Indian leaders and U.S. government officials, but some who know him said increasing frustrations with the bureaucracy of the BIA played a role in his early exit.

An enrolled member of the Oneida Tribe of Indians of Wisconsin, Artman was confirmed by the U.S. Senate March 5, 2007, to head the BIA. He previously served as the department's associate solicitor for Indian Affairs since February 2006.

''I believe at the end of this administration, the work we have done within Indian affairs will leave not just a legacy, but an infrastructure upon which American Indian and Alaska Natives can build to secure their governmental, cultural and economic futures,'' Artman wrote to Interior Department Secretary Dirk Kempthorne in a letter announcing his resignation.

''Throughout your tenure, I have appreciated your able insight as we have worked to address important issues in Indian country,'' Kempthorne responded in a letter to Artman.

Artman's official duties included carrying out Interior's trust responsibilities involving the management of tribal and individual Indian trust lands and assets, and promoting the self-determination and economic self-sufficiency of the nation's federally recognized American Indian and Alaska Native tribes. He was the tenth assistant secretary of Indian Affairs to be confirmed since the position was established by Congress in the 1970s.

Artman is most often cited for starting the department's Indian Affairs Modernization Initiative, which served to enhance communications between tribal leaders and Interior on a number of trust responsibility issues.

His resignation stunned many Indian leaders and U.S. government officials, especially given the lengthy amount of time it took Artman to be confirmed by the U.S. Senate.

When Artman was confirmed in 2007, Sen. Byron Dorgan, D-N.D., who chairs the Senate Indian Affairs Committee, said the job should have been filled two years previously, but legislative holdups made that goal untenable. Sen. David Vitter, R-La., a vocal critic of the BIA and off-reservation gaming, ultimately registered the sole dissenting vote against Artman's nomination.

''It's a disappointment and setback for Indian country that Assistant Secretary Artman will be resigning,'' Dorgan said in a statement. ''I am afraid we will not make enough progress on the issues affecting the Native American community, from law enforcement issues to economic development. Mr. Artman took consultation with tribal leaders seriously, and I hope that the future or acting assistant secretary will meaningfully consult with tribal leaders before acting on matters that [affect] our Native American communities.''

W. Ron Allen, secretary of the National Congress of American Indians and chairman of the Jamestown S'Klallam Tribe, said he was ''very disappointed'' to learn of Artman's resignation.

''He truly has been one of our most effective and knowledgeable assistant secretaries,'' Allen said. ''Carl was always forthright with the tribes and was making a significant difference with the BIA and its responsibilities to the tribes.''

Leaders who know Artman expected that he might resign come fall, as the Bush administration tapered to a close. His early departure signaled to some that he may have had ongoing frustrations with BIA bureaucracy.

''I sense that there were things bothering Carl - perhaps just not being able to achieve what he wanted to achieve,'' said Gerald Danforth, chairman of the Oneida Tribe of Indians of Wisconsin. Prior to joining the federal government, Artman worked for the Oneida Tribe as director of federal affairs and as chief legal counsel.

''I suspect he would have liked to see changes within the BIA that would streamline the processes,'' Danforth said. ''His intentions were right, but how they were unfolding within the BIA, I don't know. I just sensed a certain frustration that things weren't moving forward as quickly as he believed they could be.''

Many Indian leaders are skeptical that Interior will be able to soon find a replacement that was as well-versed on Indian issues as Artman, especially before the close of the Bush administration.

''Because he has worked in Indian country, he had a clear understanding of what the tribes are trying to accomplish with respect to self-determination, self-governance and self-reliance,'' Allen said. ''It is hard to have an impact when you are working on a short stint in the system, but because he knows how it works, he was able to make decisions to address a lot of policy matters.''

It's expected by some insiders that Majel Russell, an enrolled member of the Crow Tribe of Montana and Artman's principal deputy assistant secretary, may be tapped to fill out the remainder of his term. That would likely mean she would have to relocate to Washington, D.C., from her current home in Montana.

Artman's last day on the job is expected to be May 23. It's unknown at this point where he will land, but Danforth said an invitation is open for him to return to the Oneida Nation. He did not respond to requests for comment.

http://www.indiancountry.com/content.cfm?id=1096417231