Thursday, October 27, 2011

Shinnecock Casino Interests Want to Influence Senators Schumer & Gillibrand, Rep. Bishop

Voice of the Nation

A Shinnecock Indian Nation newsletter indicates tribal leaders went to Washington D.C. during this past year to meet with representatives of Senators Charles Schumer (D) & Kirsten Gillibrand (D) and with Rep. Tim Bishop (D) to lobby them on the ability of Indian nations to take land into trust for gaming and non-gaming purposes and on federal appropriations that could be directed to Shinnecock tribal programs. Schumer has been an opponent of Shinnecock federal recognition and the tribe’s casino development plans. Bishop is opposed to a casino in Hampton Bays but believes there are appropriate locations elsewhere in Suffolk County.

Rodney Capel, a lobbyist for the Shinnecock / Gateway Casinos previously worked for Sen. Schumer. Capel’s firm, Mercury Public Affairs, has been paid more than $1.23 million to advance schemes the Shinnecock have in partnership with Detroit casino interests to build off-reservation casinos in New York on Long Island. 

Those same Detroit interests have given nearly $42,000 to campaign committees directly supporting the re-elections of Bishop, Gillibrand and Schumer.  Additionally, they’ve given more than $210,000 to the Democratic Senatorial Campaign Committee; funds that were available to support the re-elections of Gillibrand and Schumer.

Timothy H. Bishop (D)
 $   4,900.00
Kirsten Gillibrand (D)
 $  12,800.00
Charles E. Schumer (D)
 $  24,200.00
Total
   $41,900.00

During the 2010 election cycle; several New York legislators and Governor Andrew Cuomo actually rejected campaign contributions from Malik because of Malik’s controversial background.

Rep. Bishop indicated he too would consider rejecting contributions from Malik but in March 2011, after winning re-election, Bishop banked another $2,500 check from Mike Malik.

See also:

Wednesday, October 26, 2011

Could This Be Another Ploy by Detroiters Who Want Gambling in Hawaii? Or is it a smokescreen for something else?








10.25.2011

By Andrew Pereira
HONOLULU- A recent application with the United States Patent and Trademark Office by Ko Olina developer Jeff Stone includes a description of the resort as ‘providing casino facilities.’

The application was made October 7 as Stone sought to trademark the name Ko Olina for his holding company, Ko Olina Intangibles LLC.

Khon2 brought the trademark application to the attention of Dianne Kay, president of the Hawaii Coalition Against Legalized Gambling.

"That would be the last place I would want to go if I were taking my family to a resort or a hotel in Hawaii or anyplace else,” said Kay, who noted last month Disney opened its Aulani Resort and Spa at Ko Olina, which is billed as a family friendly getaway.

In a statement Mr. Stone’s public relations company said the inclusion of ‘casino facilities’ in the trademark application was done by a mainland filing agency, and was not intentional.

“The inclusion of ‘casino facilities’ was basically an administrative oversight, particularly given Hawaii does not allow gambling,” read the statement by Sheila Donnelly & Associates. “An amendment is being filed to have “casino facilities” removed from the application.”

However another trademark filing approved by the USPTO in October of 2008 also mentions ‘providing casino facilities’ as one of the possible forms of entertainment at Ko Olina, which has been tied to gambling in the past.

In 2001, Ko Olina Resort was mentioned as a possible site for a stand along casino when former Gov. Ben Cayetano contemplated the possibility of legalized gambling. Anti-gaming advocates were successful in pushing back the effort, even as Hawaii’s economy suffered in the aftermath of the terrorist attacks of 9-11.

Flash forward to present day and the Hawaii Coalition Against Legalized Gambling is gearing up for what could be its toughest battle yet. A bevy of gaming bills is expected during the upcoming legislative session in mid-January.

“The situation has changed somewhat,” said Kay, “however we have confidence the legislature will do the right thing and not want to jeopardize the growing tourist industry.”

John Radcliffe, a well connected Honolulu lobbyist, confirmed Tuesday he’s been hired by Marketing Resource Group to try and persuade state lawmakers about the economic benefits of gambling. TheMichigan based company represents MotorCity Casino, Gateway Casino Resorts and Barwest Gambling, L.L.C., according to its website.

“I think a stand along casino is the way to go,” Radcliffe told KHON2. “I would imagine that there will be dozens of interested parties that will want to bid on the potential of a casino in Hawaii.”

During the last legislative session a House bill (HB781 HD1) for a stand alone casino in Waikiki was stalled by members of the Judiciary Committee. The bill would have created the Hawaii Gaming Control Commission, and required a $1 million non-refundable deposit from companies interested in applying for the casino permit.

Although Gov. Neil Abercrombie has not taken an official position on gambling, spokeswoman Donalyn Dela Cruz said he would “consider” any bill that reached his desk.

Kay is worried the governor’s new communications director, Jim Boersema, could influence Abercrombie’s position on gaming. Boersema worked as a pro-gambling lobbyist in 2001 when Ko Olina was floated as a possible location for a stand alone casino.

"I think that Jim Boersema will try to influence him,” said Kay, “but hopefully the governor will also do the right thing.”

House Majority Leader Blake Oshiro believes any gambling measure will be met with tough skepticism by state lawmakers, especially since the Council on Revenues recently predicted 14.5 percent growth to the state’s general fund during the current fiscal year.

“We'll have a debate and discussion (about gambling) but chances of it having success at the end are fairly slim,” said Oshiro. “The ultimate concern is always the social ills and whether the infusion of capital that we do get from gaming actually gets outweighed by the cost that we end up having to pay out.”

MotorCity Casino Workers Give Back Gains to Keep Jobs; Ilitch gets richer





Casino workers agree to givebacks
Greektown's unions vote for deal with health care changes
10.26.2011
Detroit— Workers voted Tuesday to ratify a four-year agreement with MotorCity Casino.

Nearly 70 percent of the MotorCity workers who voted approved the new contract, compared to 74 percent at Greektown on Monday.

Union workers at MGM Grand Detroit will vote Thursday.

"As a trustee of the local and a member of the bargaining team for Teamsters Local 372, I'm elated with the 'yes' vote," valet Mark Williams said in a statement issued Tuesday night by the local, which represents valets, front desk staff, phone operators, warehouse, grounds and general workers. Williams has worked at MotorCity for nine years.

"This was a tough set of contract talks when you factor in the difficulty of our region, but our bargaining team worked hard with our membership and at the negotiation table to get the best possible agreement for our members," said Dave DeLong, president of Teamsters Local 372.

The Detroit Casino Council, a coalition of five unions, including the Teamsters, represents nearly 6,000 union members at Detroit's three gambling houses. While the Detroit Casino Council did not release details, UNITE HERE Local 24 indicated on its website that workers would make monthly payments on health care coverage.

Greektown, which last year emerged from bankruptcy protection, has posted a 1.8 percent revenue loss through the first nine months of the year.

Revenue grew at MotorCity and MGM Grand through the first three quarters this year.

"It seems to me that this is a tough time economically, and workers in many industries, especially unionized workers in nontechnology industries, are being convinced they have to give back gains to save jobs," said Frank Fantini, editor and publisher of Fantini's Gaming & Lodging Reports in Delaware.

All three casinos assumed large debt loads to build new casinos and hotels required by Detroit, said Jake Miklojcik, a Lansing-based gaming consultant who sat on Greektown's board of directors during bankruptcy. The casinos make mediocre profit margins compared with other industries, he said.

"You don't have as much wiggle room because of the debt," he said.

Forbes reported in September that Mike & Marian Ilitch are worth $2 billion.  That's up from $1.7 billion in 2010.  Marian Ilitch owns Detroit's MotorCity Casino.

See also:

Detroiter Mike Malik isn't the First Shady Character to push Shinnecock Casinos on Long Island

hen-Oklahoma businessman Ivy Ong was the first to bankroll and push Shinnecock Casino plans. After electing new Shinnecock tribal leaders who were supportive of Ong’s scheme, the tribe entered into an agreement with Ong and ONG Enterprises on May 1, 2003, which gave Ong exclusive rights to develop and manage a Shinnecock casino. By the time Ong came to partner with the Shinnecock he already had a shady past. Subsequently, he pleaded guilty to federal conspiracy charges and was fined by the National Indian Gaming Commission for improper involvement with Seminole Indian gaming activities.

New York Times
The Big Gamble 3.23.2003

By Julia Mead

...Mr. Ong, who served four months under house arrest for his part in a 1995 counterfeit baby-formula scheme, called his guilty plea to misdemeanor charges a matter of expediency. He also disputed press reports that he patronized a slain Las Vegas loan shark and is a subject of a federal grand jury probe into the Seminoles' gaming operation in Oklahoma...

Long Island Business News
Oklahoma developer confirms Shinnecock casino deal7.13.2003

by Rosamaria Mancini
 Ivy Ong, a prominent Oklahoma developer best known for his work on gaming facilities, confirmed this week that he has signed a contract with the Shinnecock Indian Nation to build a casino on the East End of Long Island. Ong, a controversial figure with a criminal record, said he would provide the necessary funding for a 65,000-square-foot casino on a 79- acre site in Hampton Bays known as Westwoods... Ong has helped the Seminole Nation and Iowa Nation tribes build casinos. His criminal record stems from a counterfeit baby-formula scheme in 1996, according to news reports that cite court records. He pleaded guilty to two misdemeanor charges in federal court and testified against an associate who went to prison. The Daily Oklahoman also reported that his name surfaced in a murder trial as a loan shark customer of slain Las Vegas mobster Herbie Blitzstein. Ong has attributed his conviction to a failure to file paperwork, and he has denied knowing the people involved in the loan shark case...

The Oklahoman | NewsOK
Guilty plea expected in casino corruption
9.21.2007

A former casino developer was accused Thursday in a federal conspiracy charge of making illegal payments to at least three officials of the Seminole Nation to let him run tribal casinos. Ivy K. Ong, 65, of California also was accused of failing to pay $199,610 in federal taxes. He is to plead guilty today, his defense attorney, David Ogle, said. The charges:
  • Ong is accused in the charge of paying $44,100 to one tribal official between October 2000 and March 2004. 
  • He is accused of paying $7,190 in January 2002 to get a second tribal official's house out of foreclosure. 
  • He is accused of paying $8,607 in April 2001 to renovate a third official's home... 
In January 2008, the National Indian Gaming Commission issued a final ruling, not involving the Shinnecock, on matters involving the Seminole which found that Ong and Carlo Worldwide Operations LLC had been managing an Indian gaming facility without a contract and improperly held a proprietary interest in Indian gaming activity. NIGC issued a civil fine of $5,150,000.


Ong's Assignment of Shinnecock Agreement to Detroit Interests
On March 19, 2004, according to correspondence from the National Indian Gaming Comission to the Shinnecock Nation Gaming Authority dated March 16, 2011, Ong transferred his Shinnecock casino rights to Gateway Casino Resorts. Some reports suggest Gateway paid Ong $25 million. Gateway Casino Resorts was organized in Detroit during 2003 with membership that includes the leadership of Marian Ilitch and Michael J. Malik, Sr.


Like Ong, Gateway Casino Resorts' Malik Also Has a Controversial and Criminal Past

In 1997 Malik was arrested for beating the 12-year old son of his then-girlfriend in the street of a residential neighborhood and sentenced to probation. In 1999 he was forced from the partnership that founded MotorCity Casino because at that time and subsequently he has failed to receive a commercial gaming license from the Michigan Gaming Control Board (MGCB). It was reported the 1997 arrest, IRS troubles and perhaps other circumstances contributed to MGCB concerns.

The AP broke a national influence peddling story in 2005 which contributed to the re-election downfall of Rep. Richard Pombo, then chair of the House National Resource Committee. Malik and Christoper litch hosted multiple higher dollar fundraisers at the MLB All Star Game in Detroit benefiting Pombo who was to chair Congressional Hearings on Capitol Hill two days later on the fate of Shinnecock Federal Recognition. Then later, Malik was found (2006 & 2009) on multiple counts to have violated political campaign finance laws and fined $10,500. Malik/Ilitch and affiliates have been associated with other political finance and lobbying scandals.

In 2008, an Arizona Court found Malik guilty of illegal discharge of a firearm; ordered him to community service; and fined him nearly $15,000. Also in 2008, a receiver in a federal ponzi scheme case filed suit in Federal Court (Goldberg v. Malik) alleging Malik’s involvement in a fraudulent transfer and Malik was subsequently ordered to repay $170,000.

Then there is the default on a $1 million line a credit; failure to pay property taxes; foreclosures; certificate of forfeiture, one month marriage to the mother of his 3-year-old son, etc. etc. etc.

News accounts in 2007 reported the chairwoman of the Los Coyotes Band of Indians called Malik “the Devil” and indicated he was “seducing” younger members of her tribe.

Malik’s then wife was forced to tell a Detroit Court in 2010 that he had a history of “bullying, intimidation and influence peddling.”

Gateway Casinos / Shinnecock Lobbyist tied to Schumer, Rangel, Gillibrand; Campaign Funds Flow Their Direction

From Queens Crap: Shinnecocks plan casino at Belmont
3.04.2010
The partners [Malik / Ilitch / Gateway Casino Resorts] have hired Mercury Public Affairs, whose star lobbyist is Rodney Capel, a former top official in the state Democratic Party. Capel has also worked for Sen. Chuck Schumer, Rep. Charles Rangel, and Assemblyman Herman (Denny) Farrell.

Discussions on the project, some as recent as two weeks ago, have been held with Gov. Paterson, major state leaders, Rangel, Sen. Kirsten Gillibrand and Schumer's chief of staff, Martin Brennan, said Capel, whose firm has been paid more than $200,000.
Sen. Schumer fought Federal Recognition for the Shinnecock Indian Nation and is a staunch opponent of a Shinnecock casino in Suffolk County. TVT is not aware of any public position taken by Sen. Gillibrand on a Shinnecock Casino but she is likely to defer to the will of locals. Rep. Rangel represents a district in Harlem.

So why have members of Detroit's Ilitch Family and Michael J. Malik written checks for more than $260,000 to committees supporting the re-elections of Schumer, Gillibrand and Rangel?  It would appear as though lobbyist Capel's connections have driven decision making.

Charles B. Rangel (D)
 $  16,200.00
Kirsten Gillibrand (D)
 $  12,800.00
Charles E. Schumer (D)
 $  24,200.00
Democratic Senatorial Campaign Cmte
 $210,600.00


Total
 $263,800.00
Source: opensecrets.org

During the 2010 election cycle; several New York legislators and Governor Andrew Cuomo actually rejected campaign contributions from Malik because of his controversial background.  Ilitch/Malik and their affiliates/partners have paid Mercury Public Affairs $1,234,780

See also:

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.

Ilitch Unlikely to get Taxpayer Subsidies for a New Detroit Hockey Arena





New Detroit hockey arena likely faces funding hurdles
Unlike Comerica Park, Ford Field, public money likely a tough sell this time around
10.22.2011

By Louis Aguilar

When Detroit Red Wings and Detroit Tigers owner Mike Ilitch recently pledged again to build a new arena in downtown Detroit, economic analysts said it was not an empty promise.

Despite an uncertain economy and a lack of public appetite for sports facility subsidies, building an arena in Detroit is still doable, but would require some creativity, they said.

"He's going to have to make a dramatic statement of faith in Detroit again to build a new hockey arena," said Scott Watkins, an economist for Anderson Economic Group in East Lansing, who has done analyses on building sports venues. A new hockey arena would cost an estimated $300 million to $400 million to construct.

"Mr. Ilitch and Red Wings fans see Hockeytown — a city and region very loyal to professional hockey," Watkins said. "What global lenders see is a risky investment. Their view is there would be no guarantee that for 10, 20, 30 years a hockey franchise can be supported in an area with declining population and declining income."

The hockey arena has been a long quest. Ilitch for five years has actively explored building a new arena downtown to replace the 35-year-old Joe Louis Arena and more recently said he wants to construct such a facility. The hockey team and city-owned Joe Louis Arena are still negotiating an extension of the lease.

"Like I've stated before, we're gonna have a new arena," Ilitch told The Detroit News last month during an exclusive interview. "That's the best thing I can say." On Friday, Ilitch Holdings announced that Eric Larson, an A-list real estate developer with a long track record of high-profile deals, is now in charge of all current and future real estate transactions for Olympia Development, the Ilitch entity that would play a big role in a new hockey arena deal.

There are bigger obstacles for Ilitch to clear on a new arena than he had to overcome to build Comerica Park, the home of his Tigers. The path of public and private financing Ilitch took to create the ballpark is likely unavailable to him now, several analysts contend.

Comerica Park opened in April 2000 and cost $300 million to build. Ilitch paid $185 million of the cost of the stadium, owned by the Detroit-Wayne County Stadium Authority, and subleased to the team. The rest was paid for by the city of Detroit, Wayne County and corporate investors. The state of Michigan provided infrastructure improvements.

The stadium authority issued $85 million in 30-year tourist tax bonds in 1997 for the baseball stadium and, with interest, will pay about $176 million by 2027, according to the stadium authority. The bonds are paid twice yearly with revenue from a 2 percent rental-car tax and 1 percent hotel tax in Wayne County. The tax needed Wayne County voter approval.

In this era of painful budget cutting, getting voter approval for another venue is a tough sell, said Bernie Porn, president of EPIC-MRA, an opinion research firm in Lansing that does polling on statewide issues.

"The Tigers could win the World Series, the Red Wings could win the Stanley Cup, and I still don't see how he (Ilitch) gets voter approval for an arena," Porn said.

"Not that I have done any polling about the issue, but in this climate, I think it would be seen as a billionaire is asking for a tax break," he said. "But if you are asking me if he gets it done, I think that answer is yes."

What Ilitch has is rock-solid support in Michigan's corporate community and plenty of his own resources. Mike Ilitch and his wife, Marian, owner of Detroit's second-largest gaming hall, MotorCity Casino, have a combined fortune of $2 billion, according to Forbes magazine. That includes their Little Caesar's pizza franchise empire headquartered in downtown Detroit.

He also could get major help from other Michigan businesses. In September, the Red Wings announced the organization signed a "presenting" sponsor agreement with Amway, the private Ada-based company owned by the DeVos and Van Andel families. Terms of the multiyear deal were not disclosed, but the deal includes Amway's logo being embedded in the ice and signage elsewhere at Joe Louis Arena, and community programs to help young people in Grand Rapids and Detroit.

What the Ilitch, DeVos and Van Andel families share are deep pockets and a love of professional sports.

Amway co-founder and billionaire Richard DeVos owns the National Basketball Association's Orlando Magic, and the team backed $100 million worth of bonds issued by the city of Orlando to build the $480 million Amway Center, which opened last year.

DeVos also supplied $50 million to help build it and $1 million in rent each year and $40 million to put the Amway name on the building.

"The resources are there for the arena to get done," Watkins said. "I'm looking forward to see what the formula will be."

Hawaii Lobbyist Confirms He Continues to Rep Detroit Casino Syndicators Malik & Ilitch

Further confirmation that Detroiters are behind renewed debate over gaming, gambling and casinos in Hawaii. And that John Radcliffe is still an agent of Detroit casino syndicators Michael Malik and Marian Ilitch.







Trademark filing spurs speculation about Ko Olina casino
10.25.2011
John Radcliffe, a well connected Honolulu lobbyist, confirmed Tuesday he’s been hired by Marketing Resource Group [Tom Shields] to try and persuade state lawmakers about the economic benefits of gambling. The Michigan based company represents MotorCity Casino, Gateway Casino Resorts and Barwest Gambling, L.L.C., according to its website.

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.

Shinnecock Advised to Submit Gateway Casino Resorts Agreements to NIGC for Approvals

NIGC Opinion | March 2011

On May 1, 2003, now-convicted felon Ivy Ong entered into an agreement with the Shinnecock Indians (Long Island, NY) to develop, construct, manage and operate gaming facilities for the tribe.  Mr. Ong and his affiliates were to be the exclusive manager responsible for hiring key employees; developing policies, procedures and internal controls; marketing and budgeting.

Ong transferred his exclusive rights under the Shinnecock agreement to Detroit-based Gateway Casino Resorts (Michael Malik & Marian Ilitch) on March 19, 2004.  It has been reported that Gateway paid $25 million to assume the agreement.  Collateral agreements are reported to include, but are not limited to, the March 2004 Assignment to Gateway, naming Gateway manager of the facility;  a March 2004 “Addendum” contemplating the acquisition and development of additional gaming sites; and a March 2004 consulting agreement which has Gateway developing internal controls and security and accounting systems for the casino.

On March 16, 2011, National Indian Gaming Commission (NIGC) counsel issued an opinion to Donna Collins Smith, Chairwoman of the Shinnecock Gaming Authority, advising that the Shinnecock/Gateway Agreement and associated agreements be submitted to the NIGC Chairwoman for approval under the Indian Gaming Regulatory Act (IGRA).  Counsel explained that such management contracts not approved by the Chairwoman are considered void.

If there has been a response from the Shinnecock or if the Shinnecock Gaming Authority has submitted the Agreement for approval, TVT is unaware of such.

Ilitch Hires Larson for Downtown Detroit Development

GlobeSt.com - Ilitch Hires Larson for Downtown Development
10.25.2011

By Robert Carr
Eric Larson | Olympia Development
DETROIT-Ilitch Holdings Inc. has hired Eric Larson, CEO of Bloomfield Hills, MI-based Larson Realty Group, as head of its property group. Mike Ilitch, the founder of the Little Caesars pizza franchise, holds one of the largest portfolios of downtown property through subsidiary Olympia Development.

Ilitch’s son Atanas stepped down as president of Olympia Development in mid-June to “focus on private outside business ventures.” Olympia is known for the redevelopment of the Fox Theatre, the Hockeytown Café and the development of Comerica Park, the Detroit Tigers baseball stadium.

Olympia also has the lease on the Joe Louis Arena, the Detroit Red Wings hockey arena downtown. There was talk this past year of Ilitch possibly building a new stadium downtown if the purchase of the Detroit Pistons basketball team went through, but the team was instead bought by Los Angeles-based billionaire Tom Gores. Olympia continues a short-term lease of the 32-year-old Joe Louis Arena, and Ilitch has been mum on future plans.

Larson will head the Olympia Development team, but he hires on only as an executive real estate consultant, and will maintain his private real estate firm. With more than 25 years experience, he previously worked for Hines and Bruce S. Brickman & Associates Inc. before joining his father, the late Robert Larson, a former CEO of Taubman Centers Inc...

Detroit Red Wings Generates Millions for Ilitch; Franchise can always be subsidized by other Ilitch Holdings enterprises




Wings can flex financial muscle
Team's below salary cap, can bulk up roster
10.23.2011

...Estimates for the 2009-10 season by Forbes show Detroit seventh in the 30-team NHL with $119 million in revenue and sixth in operating income at $15.3 million.

The team doesn't comment on its financials.

The salaries are offset by a deeply loyal fan base that keeps the Red Wings near the top of the NHL's attendance rankings every year.

Detroit has played two home games out of a slate of 41 this season, and both have been sold out at 20,066 each. That puts the Red Wings third in the 30-team NHL in per-game attendance average. It finished last season fourth in the league at 19,680 per game.

A single fan is worth $101.48 per game to the Red Wings, according to Chicago-based sports research firm Team Marketing Report's Fan Cost Index published last year. The National Hockey League's FCI average is $101.66.

The calculation is derived by a simple formula: A fan at Joe Louis buys a ticket at $51.73 (average price), a $6 beer, a $3.50 soft drink, a $3.25 hot dog, $20 for parking, a $7 program and a $10 hat.

A full season of sellouts at Joe Louis, based on the Fan Cost Index, would generate $83.4 million over the 41 home games. Part of that is handed over to the city in a form of a 10 percent ticket tax, 10 percent surcharge on concessions and 7 percent on suite sales.

The team once had 396 consecutive sellouts from 1996 through the start of the 2007-08 season -- which coincides with the economic collapse locally and nationally.

Detroit also picks up supplemental revenue from pricier tickets, suite rentals and advertising during the playoffs. And the deeper into the playoffs the Red Wings get, the more money the team collects.

The Red Wings also have made moves on the corporate sponsorship front. In September, the team inked a deal with Ada-based Amway Corp., the network-based direct-marketing giant, to become the team's first-ever presenting team sponsor. Financial terms were not disclosed, but that contract is thought to be a two-year, seven-figure deal.

The Amway logo now appears on all Wings-branded signage at Joe Louis, on tickets and elsewhere.

Detroit also extended a deal with Chrysler Group LLC in another relationship that it declined to discuss the financials.

Another line of revenue comes from broadcast rights: The Red Wings, Tigers and Detroit Pistons have separate 10-year broadcast deals, signed in 2008, with Fox Sports Detroit and collectively are worth about $1 billion.

And if there isn't enough revenue from the team and its various deals, owners Mike and Marin Ilitch can dip into their other businesses to subsidize it.

The family fortune comes from its $2.2 billion in annual sales from its Little Caesars pizza chain or the $446 million from Marian Ilitch's MotorCity Casino.

The Ilitches, who are planning to build a new downtown arena for the Wings in coming years, bought the then-moribund team for $8 million from Bruce Norris in 1982. Mike Ilitch also owns the Tigers.

His stewardship of the Wings has led to him be recognized as one of the top owners in pro sports by Sports Illustrated, ESPN and Haddonfield, N.J.-based Turnkey Sports & Entertainment Inc., which measures brand effectiveness and values of pro sports teams.

The Red Wings are the top team in The Hockey News' weekly power rankings.

"Another year, another spotless start for the NHL's model franchise," the magazine said. (Complete Story)

Monday, October 24, 2011

MotorCity Casino Workers will Vote on Tentative Labor Agreement Tuesday




10.24.2011

Workers at Greektown Casino voted today to ratify a new, four-year agreement by a margin of 3-1, said Shawn Ellis, communications director for Teamsters Local 372.

The union vote was the first of three that will take place in the next several days. MotorCity Casino workers will vote on the tentative agreement Tuesday, and MGM Grand Detroit workers will vote Thursday. Voting will take place at the Teamsters facility at 2800 Trumbull Ave... (Complete Story)

Property Bay Mills Indians Acquired in 2010 not 'Indian Lands;' Not Sovereign or Tax Exempt

Because property is Indian “owned” does not automatically mean those lands are “Indian Lands,” a special and unique designation. Only Indian Lands are considered sovereign and as such exempt from the usual local taxes, fees, codes, regulations and laws. Property that is simply Indian owned is not considered sovereign and not exempt. 
In shutting down the Bay Mills Indian Community’s (BMIC) rogue off-reservation casino in Vanderbilt (MI) last March, the U.S. Federal Court (Judge Paul L. Maloney) ruled that the property the tribe acquired in Vanderbilt during 2010, located 100 miles away from the tribe’s Upper Peninsula reservation, are not Indian Lands. Specifically (from Judge Maloney’s ruling (pgs 10-11):
Section 107(a)(3) authorizes the earnings of the Land Trust to be used for two specific purposes: (1) improvements on tribal land and (2) the consolidation and enhancement of tribal landholdings. Bay Mills does not suggest or argue that the Vanderbilt Tract constitutes an “improvement on tribal land.” Bay Mills defends the purchase as authorized by the second purpose. In the context of this provision, the statutory language has a plain and obvious meaning. The word “consolidate” means “to bring together or unify.”9 The word “enhance” means “to improve or make greater” or “to augment.”10 Obviously, the purchase of the Vanderbilt Tract is an enhancement of tribal landholdings, as the additional land augmented, or made greater, the total land possessed by Bay Mills. However, the statute does not authorize every enhancement. The statute uses the conjunction “and” between the word “consolidation” and the word “enhancement.” The use of the word “and” cannot be ignored. See Williams v. Taylor, 529 U.S. 362, 404 (2000) (“It is, however, a cardinal principle of statutory construction that we must ‘give effect, if possible, to every clause and word of a statute.’”) (citations omitted). In order for the purchase of land to be an “enhancement” authorized by the § 107(a)(3), the purchase must also be a “consolidation.” The statute requires any land purchase to be both a consolidation and an enhancement. Under §107(a)(3), Bay Mills may use the earnings from the land trust to acquire additional land next to, or at least near, its existing tribal landholdings. The statute does not allow Bay Mills to create a patchwork of tribal landholdings across Michigan.

Prior to Judge Maloney’s ruling, both the National Indian Gaming Commission (NIGC) and the U.S. Department of Interior had issued similar opinions. From a memorandum provided to the NIGC Chairwoman, December 2010:
On Wednesday, November 3, the Bay Mills Indian Community opened an off-reservation gaming facility in Vanderbilt, Michigan. The considered opinion of the Department of the Interior Solicitor is that the land is not within a reservation, not held in trust, and not held in restricted fee. Accordingly, the Community’s new casino is not on Indian lands within the meaning of the Indian Gaming Regulatory Act (IGRA), 25 U.S.C. §§ 2701- 2721, and the National Indian Gaming Commission lacks jurisdiction over it. We are obligated, therefore, to refer the matter to the appropriate law enforcement agencies.
 
Specifically by rulings and opinions issued by U.S. District Court, U.S. Department of Interior Solicitor and National Indian Gaming Commission, the Bay Mills Indian Community’s property in Vanderbilt are not Indian Lands.  And by implication, two other similarly acquired parcels BMIC controls in Flint Township (280 miles from its reservation) and Port Huron (350 miles away) are not Indian Lands.

Absent Indian Lands designation, those parcels are not presently sovereign lands, are not eligible for casinos under IGRA, and are not exempt from the usual taxes, fees, codes, regulations and laws. Or to put it another way, those properties should be taxed and fees collected timely as they would for any other such property owner. 

Despite representations, there is currently no need for any special agreements to provide for emergency services or to accept some negotiated fees in lieu of taxes over the Flint Township, Port Huron or Vanderbilt properties. Such would only serve to advantage the tribe's interests going forward not the interests of local taxpayers and citizens or the people of Michigan.

Sunday, October 23, 2011

Hofstra University Says No to a Shinnecock Casino; Mayor Tells Conflicted Hofstra President Not Near Floral Park Either

Mayor Thomas J. Tweedy
Floral Park, New York
MAYOR'S MESSAGE
10.20.2011

Mayor’s Message Village of Floral Park: October 20, 2011

Hofstra University President Stuart Rabinowitz is being called upon by the Floral Park Task Force on the Development and Preservation of Belmont Park to immediately recuse himself from the Long Island Economic Development Council and to cease any further involvement with the group, especially concerning the potential location of a casino or moving the Nassau Veterans Memorial Coliseum from its present 77-acre site, which is adjacent to Hofstra’s 220-acre campus, to Belmont Park, which is owned by the State of New York. The Long Island Economic Development Council, which is co-chaired by Hofstra’s president, was launched this past July by New York Governor Andrew Cuomo, as one of 10 regional planning groups competing for $1 billion in state funding earmarked for local projects they determine to be part of their regional strategy. The Floral Park Task Force was formed as a result of the State of New York’s taking over control of Belmont Park from NYRA in 2008, and as a hosting neighboring community, Floral Park has been very concerned about the various plans that have been discussed concerning the future of Belmont Park.

Hofstra University President Stuart Rabinowitz has been the co-chairman of this important planning group that has been advising Governor Andrew Cuomo on Long Island’s regional priorities, including prioritizing the potential inclusion of Nassau County’s 77-acre site that is currently occupied by the Nassau Veterans Memorial Coliseum. This past summer, the taxpayers of Nassau County soundly defeated a referendum proposing that a new arena be built at its current site to replace the Coliseum, which was built in 1972. The New York Islanders have threatened to move if they are unable to play in a new arena when their current lease with Nassau County expires. There have been several proposals made concerning “the Hub,” including the Lighthouse Plan proposed by the New York Islanders’ owner Charles Wang, which was dramatically scaled back after a thorough review by the Town of Hempstead.

Representatives of the Shinnecock Indian Nation have also discussed having 40 acres of the Hub site set aside in order to build a casino. Hofstra President Rabinowitz has said, “We’re not only opposed to a casino [near] Hofstra University, but we have every intention of fighting it” according toNewsday [June 11, 2010]. Hofstra University President Rabinowitz has also told the New York Times ‘that the prospect of an adjacent casino would be “awful” and that scholars and researchers “would not be attracted to live in an area where there were busloads of New York City people coming to gamble.”’ New York Times [July 23, 2010].

While there are a host of projects in need of such funding on Long Island, under the leadership of Hofstra’s president, the planning group has apparently focused its initial attention on the 77-acre site, which is adjacent to Hofstra University’s 220-acre campus on Hempstead Turnpike. In the Long Island Regional Development Council’s submission of its 32-page report, less than 400 words are dedicated to the development and future of Belmont Park. Whatever the merits of redeveloping the 77-acre Hub site to fit nicely into the vision that not-for-profit landowner Hofstra University has for its own future, Hofstra’s president must not be the one leading the planning group making such decisions.

Floral Park has set forth its position. We support maintaining Belmont Park as a world-class thoroughbred racing facility, as it has been for over a century. Floral Park submitted its Statement of Principles to the State of New York in 2007, demanding that any discussions concerning the future of Belmont Park include its hosting communities in Western Nassau County. We respectfully, but unequivocally, call for Hofstra University President Stuart Rabinowitz to step aside and resign in order that the process leading to any proposed changes at Belmont Park are made transparently and fairly to ensure the communities surrounding Belmont Park are given the same consideration as Hofstra University has apparently been granted in determining the future of its neighboring 77-acre Coliseum site.

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