Native American gambling enterprises
Encyclopedia
Native American gaming enterprises are gaming
businesses operated on Indian reservation
s or tribal land in the United States. Indian tribes have limited sovereignty
over these businesses and therefore are granted the ability to establish gambling enterprises outside of direct state regulation.
on Indian lands in northern Minnesota
, received a property tax
bill from the local county, Itasca County. The Bryans had never received a property tax bill from the county before. Unwilling to pay it, they took the tax notice to local legal aid attorneys at Leech Lake Legal Services, who brought suit to challenge the tax in the state courts. The Bryans lost their case in the state district court, and they lost again on appeal in a unanimous decision by the Minnesota Supreme Court
. They then sought review in the United States Supreme Court. The Supreme Court granted review, and in a sweeping and unanimous decision authored by Justice Brennan
, the Supreme Court held not only that states do not have authority to tax Indians on Indian reservations, but that they also lack the authority to regulate Indian activities by Indians on Indian reservations. As Gaming Law Professor Kevin K. Washburn
has explained, the stage was now set for Indian gaming. Within a few short years, enterprising Indians and tribes began to operate Indian bingo operations in numerous different locations around the United States.
Under the leadership of Howard Tommie, the Seminole Tribe of Florida
built a large high-stakes bingo building on their reservation near Fort Lauderdale, Florida
. The tribe planned for the bingo hall to be open six days a week, contrary to Florida state law which only allows two days a week for bingo halls to be open, as well as going over the maximum limit of $100 jackpots. The law was enacted from the charity bingo limits set by Catholic Churches. The sheriff of Broward County, where the Indian reservation lies, made arrests the minute the bingo hall opened, and the tribe sued the county (Seminole Tribe v. Butterworth
), stating that Indian tribes have sovereignty rights that are protected by the federal government from interference by state government. A District court ruled in favor of the Indians, citing Chief Justice John Marshall
in Worcester v. Georgia
. Here began the legal war of Indian gaming with a win for the Seminoles.
Controversy arose when Indians began putting private casinos, bingo rooms, and lotteries on reservation lands and began setting gaming prizes which were above the maximum legal limit of the state. The Indians argued for sovereignty over their reservations to make them immune from state laws such as Public Law 280
, which granted states to have criminal jurisdiction over Indian reservations. States were afraid that Indians would have a significant competitive advantage over other gambling establishments in the state which were regulated, which would thus generate a vast amount of income for tribes.
In the late 1970s and continuing into the next decade, the delicate question concerning the legality of tribal gaming and immunity from state law hovered over the Supreme Court. The Court addressed the potential gambling had for organized crime through the Organized Crime Control Act
of 1970. A report by the Department of Justice presented to the Senate Select Committee on Indian Affairs on March 18, 1992 concluded that through several years of FBI investigation, that organized crime had failed to infiltrate Indian gaming and that there was no link between criminal activity in Indian gaming and organized crime
) which kept tribal sovereignty
to create casino like halls, but the states and Indians must be in Tribal-State compacts
and the federal government has the power to regulate the gaming. These compacts have been used by state officials to confiscate Indian casino revenue which serves as a "special" tax on Indian reservations. Essentially, the tribes still have "exclusive right" to all classes of gaming except when states do not accept that class or it clashes with federal law.
Class III Indian gaming became a large issue for the states and federal government, because of these court cases, as Congress debated over a bill for Indian gaming called the Indian Gaming Regulatory Act
.
There are currently a number of lawsuits pending which challenge the Indian Gaming Regulatory Act on constitutional grounds (see e.g. Warren v. United States)
When President Reagan signed the IGRA, Indian gaming revenue skyrocketed from $100 million in 1988 to $16.7 billion in 2006. Following the IGRA, the National Indian Gaming Commission
was created as a federal agency in 1988 to regulate high-stakes Indian gaming.
The Commission consists of three members: a chairman who is appointed by the US President with consent of the Senate, and two associate members appointed by the Secretary of the Interior. Each member serves a three year term and must pass a detailed background check by the US Attorney General.
The NIGC withholds certain powers over Class II and Class III gaming. These include budget approval, civil fines, fees, subpoenas, and permanent orders. The NIGC monitors Class II gaming on Indian lands on a continuing basis through inspection, investigation, access to records, and contracts. As for Class III gaming, all contracts must be approved by the chairman of the NIGC. 200 of the 562 federally recognized tribes created Class III gaming of large casinos and high jackpots.
This rise of gaming not only brought great revenue, but also corruption. In January 2006, a court case involving lobbyists convicted of felonies such as conspiracy, fraud, and tax evasion. This was known as the Jack Abramoff Indian lobbying scandal
. These lobbyists, Jack Abramoff, Ralph Reed, Jr., Grover Norquist, and Michael Scanlon, bribed members of Congress when lobbying for Indian casinos then they over charged their Indian clients; this generated around $90 million dollars in fees from the Indians.
(BIA) has faced increasing pressure to tighten regulatory policy and oversight of casino approvals. In particular, the BIA has been instructed by Congress to implement new procedures after two decades of IGRA's existence. These procedures would allow local communities to have more influence in the siting of casinos in their community, and would make the process of casino approval more transparent. To many tribes, however, the proposed regulations will further encroach on tribal sovereignty.
(NIGC), indicate that there are approximately 400 Indian gaming establishments in the US. These casinos are operated by approximately 220 federally-recognized tribes and offer Class I, Class II and Class III gaming. Gaming is divided into 3 classes. Class I and Class II are traditional Indian gaming such as bingo halls, poker halls, and lotteries, and requires no license. Class III gambling has high jackpots and high-stake games such as casinos, jai alai, and racetracks, and states feared that organized crime would infiltrate the Class III gaming on their reservations. The revenues generated in these establishments is close to $18.5 billion.
Tribal casinos in the eastern US generated roughly $3.8 billion in FY02. Those in the Central US recorded gross revenues of approximately $5.9 billion, while those in the Western US generated nearly $4.8 billion. Most of the revenues generated in the Indian gaming are from casinos located in or near large metropolitan areas. Currently, 12% of Indian gaming establishments generate 65% of Indian gaming revenues. Indian gaming operations located in the populous areas of the West Coast (primarily California) represent the fastest growing sector of the Indian gaming industry. As suggested by the above figures, the vast majority of tribal casinos are much less financially successful, particularly those in the midwest and great plains. Many tribes see this limited financial success as being tempered by decreases in reservation unemployment and poverty rates, although socioeconomic deficits remain.
As of 2008 there are 562 federally recognized tribes in the United States, many of which have chosen not to game.
The largest casino in the state of California
is the Pechanga Resort and Casino
in Temecula
, with 3,400 slot machines and approximately 188000 sq ft (17,465.8 m²) of gaming space. Other notable gaming operations in California include the Morongo Casino, Resort & Spa
, and the Chumash Casino.
The Chumash tribe in Santa Barbara County is interesting in that it demonstrates interaction and collaboration between the tribe and the surrounding non-Indian population of the Santa Ynez Valley
. The Chumash tribe, who has seen success as a result of their gaming operations, planned to expand its current facilities but have recently scaled back. The first structure, built in 1994, was modest and resembled a tent, but has grown to three large, albeit temporary, rooms. The casino serves 3,500 people, mostly local Hispanics, per day and employs 750, mostly non-Indian, employees. There has been pressure from the non-Indian community not to expand because the entire surrounding area feels negative effects from the gaming enterprises. The Santa Ynez Valley non-Indian community is impacted aesthetically and economically. Many do not welcome the 72000 square feet (6,689 m²) hotel and 155000 square feet (14,400 m²) casino, and many predict a strain on themselves when their community must expand emergency services. Many are aware of other problems that will arise such as increased pollution, traffic, and criminal activity. The Chumash have agreed to scale back. The project is unprecedented in that the funding for it is financed through bonds sold to mutual fund and insurance fund managers and is “the first time in California that a bank has underwritten a bond sale for an Indian casino project.”
opened in 1992 in Ledyard, Connecticut
. Operated by the Mashantucket Pequot Tribe
and earning $1.5 billion. It is more profitable than any one casino in Las Vegas
or Atlantic City. With 7,200 slot machines and 380 table games, making the 314000 square feet (29,171.6 m²) Foxwoods Casino the largest casino in the USA and second largest in the world(after Venetian Macao with 550,000 square feet (51,000 m2) of casino space). The agreement between the Mashantucket Pequot Tribal Nation and the State of Connecticut promises the state $80 million or 25% of their annual slot revenue. For the first 10 years of operation, the state has received more than $1.7 billion from Foxwoods alone.
The Mohegan Sun
Resort & Casino is also located in Connecticut. It has been in operation since 1996 and is a operated by the Mohegan
tribe and the South African casino conglomerate. This enterprise is 150000 square feet (13,935.5 m²) and consists of 3,000 slot machines and 180 table games. It is the second largest casino in the United States, located a few miles away from Foxwoods in Uncasville, Connecticut
.
The success of both casinos is due in no small part to their location roughly halfway between New York City and Boston.
Many tribal governments have seen substantial improvements in their ability to provide public services to their members, such as building schools, improving infrastructure, and shoring up the loss of native traditions. Tribal gaming operations have not been without controversy, however. A small number of tribes have been able to distribute large per-capita payments, generating considerable public attention. Additionally, the national expansion of Indian Gaming has led to a practice critics call reservation shopping. This term describes tribes that, with the backing of casino investors, attempt to locate a casino out of their indigenous homeland, usually near a large urban center. However, although authorized by the Indian Gaming Regulatory Act, only three such "off-reservation" casinos have been built to date.
Unit, LCN/Organized Crime
Unit, Asian Organized Crime Unit, Public Corruption/Government Fraud Unit, Cryptographic Racketeering Analysis Unit, and Indian Country Special Jurisdiction Unit) and other federal agencies, which include Department of Interior Office of Inspector General (DOI-OIG), NIGC, Internal Revenue Service
Tribal Government Section (IRS-TGS), Department of Treasure Financial Crimes Enforcement Network (FINCEN), Department of Justice (DOJ), and Bureau of Indian Affairs Office of Law Enforcement Services (BIA-OLES). The IGWG meets monthly to review Indian gaming cases deemed to have a significant impact on the Indian gaming industry. As a result of these meetings, several investigations have been initiated and the IGWG, through its member agencies, has provided financial resources, travel funds, liaison assistance, personnel resources, coordination assistance and consultation.
The IGWG works in the following manner:
In order to properly detect the presence of illegal activity in the Indian gaming industry law enforcement offices with jurisdiction in Indian gaming violations should:
Gambling
Gambling is the wagering of money or something of material value on an event with an uncertain outcome with the primary intent of winning additional money and/or material goods...
businesses operated on Indian reservation
Indian reservation
An American Indian reservation is an area of land managed by a Native American tribe under the United States Department of the Interior's Bureau of Indian Affairs...
s or tribal land in the United States. Indian tribes have limited sovereignty
Sovereignty
Sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...
over these businesses and therefore are granted the ability to establish gambling enterprises outside of direct state regulation.
History
In the early 1970s, Russell and Helen Bryan, a married Chippewa couple living in a mobile homeMobile home
Mobile homes or static caravans are prefabricated homes built in factories, rather than on site, and then taken to the place where they will be occupied...
on Indian lands in northern Minnesota
Minnesota
Minnesota is a U.S. state located in the Midwestern United States. The twelfth largest state of the U.S., it is the twenty-first most populous, with 5.3 million residents. Minnesota was carved out of the eastern half of the Minnesota Territory and admitted to the Union as the thirty-second state...
, received a property tax
Property tax
A property tax is an ad valorem levy on the value of property that the owner is required to pay. The tax is levied by the governing authority of the jurisdiction in which the property is located; it may be paid to a national government, a federated state or a municipality...
bill from the local county, Itasca County. The Bryans had never received a property tax bill from the county before. Unwilling to pay it, they took the tax notice to local legal aid attorneys at Leech Lake Legal Services, who brought suit to challenge the tax in the state courts. The Bryans lost their case in the state district court, and they lost again on appeal in a unanimous decision by the Minnesota Supreme Court
Minnesota Supreme Court
The Minnesota Supreme Court is the highest court in the U.S. state of Minnesota and consists of seven members. The court was first assembled as a three-judge panel in 1849 when Minnesota was still a territory. The first members were lawyers from outside of the region who were appointed by...
. They then sought review in the United States Supreme Court. The Supreme Court granted review, and in a sweeping and unanimous decision authored by Justice Brennan
William J. Brennan, Jr.
William Joseph Brennan, Jr. was an American jurist who served as an Associate Justice of the United States Supreme Court from 1956 to 1990...
, the Supreme Court held not only that states do not have authority to tax Indians on Indian reservations, but that they also lack the authority to regulate Indian activities by Indians on Indian reservations. As Gaming Law Professor Kevin K. Washburn
Kevin K. Washburn
Kevin K. Washburn was the dean of the University of New Mexico School of Law on March 3, 2009. Previously, he served as the Rosenstiel Distinguished Professor of Law at the University of Arizona's James E. Rogers College of Law. He is a former federal prosecutor, a trial attorney at the U.S...
has explained, the stage was now set for Indian gaming. Within a few short years, enterprising Indians and tribes began to operate Indian bingo operations in numerous different locations around the United States.
Under the leadership of Howard Tommie, the Seminole Tribe of Florida
Seminole Tribe of Florida
The Seminole Tribe of Florida is a federally recognized Seminole tribe based in the U.S. state of Florida. Together with the Seminole Nation of Oklahoma and the Miccosukee Tribe of Indians of Florida, it is one of three federally recognized Seminole entities...
built a large high-stakes bingo building on their reservation near Fort Lauderdale, Florida
Seminole Hard Rock Hotel and Casino Hollywood
Hard Rock Hotel and Casino is a resort near Hollywood, Florida, located on of the Hollywood Reservation of the Seminole Tribe of Florida. The hotel has a tower, a casino, a lagoon-style pool area, fifteen restaurants, sixteen shops, the poker room, a spa, improv comedy club, over ten bars and...
. The tribe planned for the bingo hall to be open six days a week, contrary to Florida state law which only allows two days a week for bingo halls to be open, as well as going over the maximum limit of $100 jackpots. The law was enacted from the charity bingo limits set by Catholic Churches. The sheriff of Broward County, where the Indian reservation lies, made arrests the minute the bingo hall opened, and the tribe sued the county (Seminole Tribe v. Butterworth
Seminole Tribe v. Butterworth
Seminole Tribe v. Butterworth was a 1981 court case before the United States Court of Appeals for the Fifth Circuit. It allowed the Seminole Tribe of Florida to conduct a gaming enterprise in Florida, and was a major U.S...
), stating that Indian tribes have sovereignty rights that are protected by the federal government from interference by state government. A District court ruled in favor of the Indians, citing Chief Justice John Marshall
John Marshall
John Marshall was the Chief Justice of the United States whose court opinions helped lay the basis for American constitutional law and made the Supreme Court of the United States a coequal branch of government along with the legislative and executive branches...
in Worcester v. Georgia
Worcester v. Georgia
Worcester v. Georgia, 31 U.S. 515 , was a case in which the United States Supreme Court vacated the conviction of Samuel Worcester and held that the Georgia criminal statute that prohibited non-Indians from being present on Indian lands without a license from the state was unconstitutional.The...
. Here began the legal war of Indian gaming with a win for the Seminoles.
Controversy arose when Indians began putting private casinos, bingo rooms, and lotteries on reservation lands and began setting gaming prizes which were above the maximum legal limit of the state. The Indians argued for sovereignty over their reservations to make them immune from state laws such as Public Law 280
Public Law 280
Public Law 280 is a federal law of the United States establishing "a method whereby States may assume jurisdiction over reservation Indians," as stated by Arizona Supreme Court Justice Stanley G. Feldman. Public Law 280 is a federal law of the United States establishing "a method whereby States...
, which granted states to have criminal jurisdiction over Indian reservations. States were afraid that Indians would have a significant competitive advantage over other gambling establishments in the state which were regulated, which would thus generate a vast amount of income for tribes.
In the late 1970s and continuing into the next decade, the delicate question concerning the legality of tribal gaming and immunity from state law hovered over the Supreme Court. The Court addressed the potential gambling had for organized crime through the Organized Crime Control Act
Organized Crime Control Act
The Organized Crime Control Act of 1970 , was an Act of Congress sponsored by Democratic Senator John L. McClellan and signed into law by U.S. President Richard Nixon....
of 1970. A report by the Department of Justice presented to the Senate Select Committee on Indian Affairs on March 18, 1992 concluded that through several years of FBI investigation, that organized crime had failed to infiltrate Indian gaming and that there was no link between criminal activity in Indian gaming and organized crime
Cabazon Band, 1980
In the early 1980s, the Cabazon Band of Mission Indians, near Indio, California, were extremely poor and did not have much land because of neglected 1850s treaties by state senators. As Stuart Banner states, the Cabazon Band and the neighboring Morongo Reservation had "some HUD buildings and a few trailers, but that was about it. There was nothing really there. The people simply didn't have a lot." The Cabazon Band turned to casino operations, opening bingo and poker halls in 1980. Shortly thereafter, the Indio police and the Riverside County Sheriff shut down the gambling halls and arrested numerous Indians while seizing any cash and merchandise held in the tribe's possession. The Cabazon Band sued in federal court (California v. Cabazon Band) and won, as did the Seminole Tribe in Florida. Although the tribe won in the lower courts, the Supreme Court reviewed the case in 1986 to reach a decision over whether Indian reservations are above state law. The Court again ruled that Indian gaming was to be regulated exclusively by Congress and the federal government, not state government; with tribal sovereignty upheld, the benefits of gaming became available to many tribes.Indian Gaming Regulatory Act
In 1988 Congress passed the Indian Gaming Regulatory Act (IGRA) (signed by President Ronald ReaganRonald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
) which kept tribal sovereignty
Tribal sovereignty
Tribal sovereignty in the United States refers to the inherent authority of indigenous tribes to govern themselves within the borders of the United States of America. The federal government recognizes tribal nations as "domestic dependent nations" and has established a number of laws attempting to...
to create casino like halls, but the states and Indians must be in Tribal-State compacts
Tribal-state compacts
Tribal-State Compacts are declared necessary for any Class III gaming on reservations under the Indian Gaming Regulatory Act of 1988 . They were designed to allow tribal and state governments to come to a "business" agreement...
and the federal government has the power to regulate the gaming. These compacts have been used by state officials to confiscate Indian casino revenue which serves as a "special" tax on Indian reservations. Essentially, the tribes still have "exclusive right" to all classes of gaming except when states do not accept that class or it clashes with federal law.
Class III Indian gaming became a large issue for the states and federal government, because of these court cases, as Congress debated over a bill for Indian gaming called the Indian Gaming Regulatory Act
Indian Gaming Regulatory Act
The Indian Gaming Regulatory Act is a 1988 United States federal law that establishes the jurisdictional framework that governs Indian gaming. There was no federal gaming structure before this act...
.
There are currently a number of lawsuits pending which challenge the Indian Gaming Regulatory Act on constitutional grounds (see e.g. Warren v. United States)
When President Reagan signed the IGRA, Indian gaming revenue skyrocketed from $100 million in 1988 to $16.7 billion in 2006. Following the IGRA, the National Indian Gaming Commission
National Indian Gaming Commission
The National Indian Gaming Commission is an independent federal regulatory agency within the Department of the Interior. Congress established this agency through the Indian Gaming Regulatory Act in 1988. The agency has the duty to "promulgate such regulations and guidelines as it deems...
was created as a federal agency in 1988 to regulate high-stakes Indian gaming.
The Commission consists of three members: a chairman who is appointed by the US President with consent of the Senate, and two associate members appointed by the Secretary of the Interior. Each member serves a three year term and must pass a detailed background check by the US Attorney General.
The NIGC withholds certain powers over Class II and Class III gaming. These include budget approval, civil fines, fees, subpoenas, and permanent orders. The NIGC monitors Class II gaming on Indian lands on a continuing basis through inspection, investigation, access to records, and contracts. As for Class III gaming, all contracts must be approved by the chairman of the NIGC. 200 of the 562 federally recognized tribes created Class III gaming of large casinos and high jackpots.
This rise of gaming not only brought great revenue, but also corruption. In January 2006, a court case involving lobbyists convicted of felonies such as conspiracy, fraud, and tax evasion. This was known as the Jack Abramoff Indian lobbying scandal
Jack Abramoff Indian lobbying scandal
The Jack Abramoff Indian lobbying scandal is a United States political scandal relating to the work performed by political lobbyists Jack Abramoff, Ralph E. Reed, Jr., Grover Norquist and Michael Scanlon on Indian casino gambling interests for an estimated $85 million in fees. Abramoff and Scanlon...
. These lobbyists, Jack Abramoff, Ralph Reed, Jr., Grover Norquist, and Michael Scanlon, bribed members of Congress when lobbying for Indian casinos then they over charged their Indian clients; this generated around $90 million dollars in fees from the Indians.
2006 Legislation
In 2006, Congress introduced legislation to protect their own casino interests from those tribes that are outside reservations. Further, the Bureau of Indian AffairsBureau of Indian Affairs
The Bureau of Indian Affairs is an agency of the federal government of the United States within the US Department of the Interior. It is responsible for the administration and management of of land held in trust by the United States for Native Americans in the United States, Native American...
(BIA) has faced increasing pressure to tighten regulatory policy and oversight of casino approvals. In particular, the BIA has been instructed by Congress to implement new procedures after two decades of IGRA's existence. These procedures would allow local communities to have more influence in the siting of casinos in their community, and would make the process of casino approval more transparent. To many tribes, however, the proposed regulations will further encroach on tribal sovereignty.
Industry
Statistics provided by the National Indian Gaming CommissionNational Indian Gaming Commission
The National Indian Gaming Commission is an independent federal regulatory agency within the Department of the Interior. Congress established this agency through the Indian Gaming Regulatory Act in 1988. The agency has the duty to "promulgate such regulations and guidelines as it deems...
(NIGC), indicate that there are approximately 400 Indian gaming establishments in the US. These casinos are operated by approximately 220 federally-recognized tribes and offer Class I, Class II and Class III gaming. Gaming is divided into 3 classes. Class I and Class II are traditional Indian gaming such as bingo halls, poker halls, and lotteries, and requires no license. Class III gambling has high jackpots and high-stake games such as casinos, jai alai, and racetracks, and states feared that organized crime would infiltrate the Class III gaming on their reservations. The revenues generated in these establishments is close to $18.5 billion.
Tribal casinos in the eastern US generated roughly $3.8 billion in FY02. Those in the Central US recorded gross revenues of approximately $5.9 billion, while those in the Western US generated nearly $4.8 billion. Most of the revenues generated in the Indian gaming are from casinos located in or near large metropolitan areas. Currently, 12% of Indian gaming establishments generate 65% of Indian gaming revenues. Indian gaming operations located in the populous areas of the West Coast (primarily California) represent the fastest growing sector of the Indian gaming industry. As suggested by the above figures, the vast majority of tribal casinos are much less financially successful, particularly those in the midwest and great plains. Many tribes see this limited financial success as being tempered by decreases in reservation unemployment and poverty rates, although socioeconomic deficits remain.
As of 2008 there are 562 federally recognized tribes in the United States, many of which have chosen not to game.
California Gaming
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
is the Pechanga Resort and Casino
Pechanga Resort and Casino
Pechanga Resort and Casino is an Indian Casino on the Pechanga Indian Reservation in Temecula, California. Pechanga Resort and Casino is the largest casino in the state of California, with 3,400 slot machines and approximately of gaming space.-History:...
in Temecula
Temecula, California
Temecula is a city in southwestern Riverside County, California, United States with a population of 100,097 according to the 2010 United States Census, making it the lowest populated American city over 100,000 population. It was incorporated on December 1, 1989...
, with 3,400 slot machines and approximately 188000 sq ft (17,465.8 m²) of gaming space. Other notable gaming operations in California include the Morongo Casino, Resort & Spa
Morongo Casino, Resort & Spa
Morongo Casino, Resort & Spa is an Indian gaming casino, of the Morongo Band of Cahuilla Mission Indians, located in Cabazon, California, USA, near San Gorgonio Pass. The casino has 310 rooms and suites. A , 27-story resort, Morongo is one of the largest casinos in California...
, and the Chumash Casino.
The Chumash tribe in Santa Barbara County is interesting in that it demonstrates interaction and collaboration between the tribe and the surrounding non-Indian population of the Santa Ynez Valley
Santa Ynez Valley
The Santa Ynez Valley is located in Santa Barbara County, California, between the Santa Ynez Mountains to the south and the San Rafael Mountains to the north. The Santa Ynez River flows through the valley from east to west. The Santa Ynez Valley is separated from the Los Alamos Valley, to the...
. The Chumash tribe, who has seen success as a result of their gaming operations, planned to expand its current facilities but have recently scaled back. The first structure, built in 1994, was modest and resembled a tent, but has grown to three large, albeit temporary, rooms. The casino serves 3,500 people, mostly local Hispanics, per day and employs 750, mostly non-Indian, employees. There has been pressure from the non-Indian community not to expand because the entire surrounding area feels negative effects from the gaming enterprises. The Santa Ynez Valley non-Indian community is impacted aesthetically and economically. Many do not welcome the 72000 square feet (6,689 m²) hotel and 155000 square feet (14,400 m²) casino, and many predict a strain on themselves when their community must expand emergency services. Many are aware of other problems that will arise such as increased pollution, traffic, and criminal activity. The Chumash have agreed to scale back. The project is unprecedented in that the funding for it is financed through bonds sold to mutual fund and insurance fund managers and is “the first time in California that a bank has underwritten a bond sale for an Indian casino project.”
Connecticut Gaming
The Foxwoods Resort CasinoFoxwoods Resort Casino
Foxwoods Resort Casino is a hotel-casino in Mashantucket, Connecticut, United States. Together with the MGM Grand at Foxwoods, it is one of the largest casino complexes in the world in terms of floor space for gaming. The entire resort comprises of space. The casino has over 380 gaming tables...
opened in 1992 in Ledyard, Connecticut
Ledyard, Connecticut
As of the census of 2000, there were 14,687 people, 5,286 households, and 4,101 families residing in the town. The population density was 385.1 people per square mile . There were 5,486 housing units at an average density of 143.8 per square mile...
. Operated by the Mashantucket Pequot Tribe
Mashantucket Pequot Tribe
The Mashantucket Pequot are a small Native American tribal nation of the Algonquian language community in the state of Connecticut. Within the tribe's Reservation, in Ledyard, New London County, Connecticut, the Mashantucket Pequot operate Foxwoods Resort Casino, the world's largest resort...
and earning $1.5 billion. It is more profitable than any one casino in Las Vegas
Las Vegas metropolitan area
The Las Vegas Valley is the heart of the Las Vegas-Paradise, NV MSA also known as the Las Vegas–Paradise–Henderson MSA which includes all of Clark County, Nevada, and is a metropolitan area in the southern part of the U.S. state of Nevada. The Valley is defined by the Las Vegas Valley landform, a ...
or Atlantic City. With 7,200 slot machines and 380 table games, making the 314000 square feet (29,171.6 m²) Foxwoods Casino the largest casino in the USA and second largest in the world(after Venetian Macao with 550,000 square feet (51,000 m2) of casino space). The agreement between the Mashantucket Pequot Tribal Nation and the State of Connecticut promises the state $80 million or 25% of their annual slot revenue. For the first 10 years of operation, the state has received more than $1.7 billion from Foxwoods alone.
The Mohegan Sun
Mohegan Sun
Mohegan Sun, located in Uncasville, Connecticut, is the second largest casino in the United States with of gaming space. It is located on along the banks of the Thames River. It is at the heart of the scenic foothills of southeastern Connecticut, where 60 percent of the state's tourism is...
Resort & Casino is also located in Connecticut. It has been in operation since 1996 and is a operated by the Mohegan
Mohegan
The Mohegan tribe is an Algonquian-speaking tribe that lives in the eastern upper Thames River valley of Connecticut. Mohegan translates to "People of the Wolf". At the time of European contact, the Mohegan and Pequot were one people, historically living in the lower Connecticut region...
tribe and the South African casino conglomerate. This enterprise is 150000 square feet (13,935.5 m²) and consists of 3,000 slot machines and 180 table games. It is the second largest casino in the United States, located a few miles away from Foxwoods in Uncasville, Connecticut
Uncasville, Connecticut
Uncasville is an area in the town of Montville, Connecticut. The area traditionally known as Uncasville is a village in southeastern Montville, at the mouth of the Oxoboxo River...
.
The success of both casinos is due in no small part to their location roughly halfway between New York City and Boston.
Impact on Native American Economics
Native American gaming has, in some instances, changed the face of tribal economies, but it has also proven to be very ineffective in other situations. Although tribal victories over the governmental and cultural oppression in the 1950s yielded a dynamic transformation, economic success fell short in comparison. Unemployment was down and personal income had increased, but only a handful of tribes had made economic changes. Their strides were spotty and fluctuated greatly from each Indian reservation. This was happening because, for most tribes, their lands were not economically productive, infrastructure was poor, and they were far away from prospering markets of large populations. In order to address the issue of poverty, Indian tribes were required to fuel some type of economic development. Indians sold some of their tribal land to prospecting non-Indians in order to stimulate economic growth, but tribal gaming has proved to be the single largest amount of income in the Indian community. However the United States government intervened in tribal affairs throughout the rise of Indian gaming.Many tribal governments have seen substantial improvements in their ability to provide public services to their members, such as building schools, improving infrastructure, and shoring up the loss of native traditions. Tribal gaming operations have not been without controversy, however. A small number of tribes have been able to distribute large per-capita payments, generating considerable public attention. Additionally, the national expansion of Indian Gaming has led to a practice critics call reservation shopping. This term describes tribes that, with the backing of casino investors, attempt to locate a casino out of their indigenous homeland, usually near a large urban center. However, although authorized by the Indian Gaming Regulatory Act, only three such "off-reservation" casinos have been built to date.
Indian Gaming Working Group
In June 2004, in an effort to identify and direct resources to Indian gaming matters, the FBI and NIGC created the Indian Gaming Working Group (IGWG). The IGWG's purpose is to identify resources to address the most pressing criminal violations in the area of Indian gaming. This group consists of representatives from a variety of FBI subprograms (i.e. Economic Crimes Unit, Money LaunderingMoney laundering
Money laundering is the process of disguising illegal sources of money so that it looks like it came from legal sources. The methods by which money may be laundered are varied and can range in sophistication. Many regulatory and governmental authorities quote estimates each year for the amount...
Unit, LCN/Organized Crime
Organized crime
Organized crime or criminal organizations are transnational, national, or local groupings of highly centralized enterprises run by criminals for the purpose of engaging in illegal activity, most commonly for monetary profit. Some criminal organizations, such as terrorist organizations, are...
Unit, Asian Organized Crime Unit, Public Corruption/Government Fraud Unit, Cryptographic Racketeering Analysis Unit, and Indian Country Special Jurisdiction Unit) and other federal agencies, which include Department of Interior Office of Inspector General (DOI-OIG), NIGC, Internal Revenue Service
Internal Revenue Service
The Internal Revenue Service is the revenue service of the United States federal government. The agency is a bureau of the Department of the Treasury, and is under the immediate direction of the Commissioner of Internal Revenue...
Tribal Government Section (IRS-TGS), Department of Treasure Financial Crimes Enforcement Network (FINCEN), Department of Justice (DOJ), and Bureau of Indian Affairs Office of Law Enforcement Services (BIA-OLES). The IGWG meets monthly to review Indian gaming cases deemed to have a significant impact on the Indian gaming industry. As a result of these meetings, several investigations have been initiated and the IGWG, through its member agencies, has provided financial resources, travel funds, liaison assistance, personnel resources, coordination assistance and consultation.
The IGWG works in the following manner:
- If suspected criminal activities are taking place in the Indian gaming industry and the interested office/agency does not have adequate resources to investigate this matter, the office/agency contacts the Indian Country Special Jurisdiction Unit, FBIHQ. This contact may come from the FBI or an outside source or agency.
- A small group of IGWG members will convene to determine if the alleged criminal violation is a matter of "national importance" in its effect(s) on the Indian gaming industry. If so, the IGWG will invite representatives from the affected FBI division, other federal agencies (if appropriate), the affected United States Attorney's office, and IGWG member agencies to meet and further review the case.
- During this review, the agency eliciting the support of the IGWG will make a case presentation. Following a full review, the IGWG will assist the requesting office/agency to identify and obtain resources to assist in the investigation.
- Throughout the investigation, the IGWG will assist by providing "experts" to assist in the investigation; allocating special funding (i.e. facilitating TDY travel, Title III support, special forensic examination, etc.); conducting liaison with other federal agencies; facilitating the establishment of Indian gaming task forces, and/or providing consultation.
In order to properly detect the presence of illegal activity in the Indian gaming industry law enforcement offices with jurisdiction in Indian gaming violations should:
- Identify the Indian gaming establishments in their territory.
- Establish appropriate liaison with Tribal Gaming Commission (TGC) members, State Gaming Commission Representatives, State Gaming Regulatory Agency Representatives, and Casino Security PersonnelCasino securityCasino security refers to the measures that are taken at casinos to protect the establishment's money and property and the patrons. The security protects the casino and its customers from violent crime, theft, and other inappropriate behavior....
. - Establish liaison with representatives from the NIGC and regional Indian gaming intelligence committees. Both will provide valuable information on scams, allegations of criminal wrongdoing, and other patterns of illegal activity.
- Make proactive attempts during crime surveys to identify criminal activity in Indian gaming establishments.
- Send investigators and financial analysts to training which provides them with the knowledge and skills they need to effectively investigate criminal activity in Indian gaming establishments.
See also
- List of Casinos in the United States
- Native American civil rights
- Tribal sovereigntyTribal sovereigntyTribal sovereignty in the United States refers to the inherent authority of indigenous tribes to govern themselves within the borders of the United States of America. The federal government recognizes tribal nations as "domestic dependent nations" and has established a number of laws attempting to...
- Carcieri v. SalazarCarcieri v. SalazarCarcieri v. Salazar, No. 07-526 , was a recent case in which the Supreme Court of the United States held that the term "now under Federal jurisdiction" referred only to tribes that were federally recognized when the Indian Reorganization Act became law, and the federal government could not take...
Further reading
- Steven Andrew Light and Kathryn R.L. Rand, Indian Gaming and Tribal Sovereignty: The Casino Compromise, University Press of Kansas, 2005, hardcover, 240 pages, ISBN 0-7006-1406-0
- Kathryn R.L. Rand and Steven Andrew Light, Indian Gaming Law and Policy, Carolina Academic Press, 2006, hardcover, 306 pages, ISBN 1-59460-046-5
- Brett Duval Fromson, Hitting the Jackpot: The Inside Story of the Richest Indian Tribe in History, Atlantic Monthly Press, September, 2003, hardcover, 320 pages, ISBN 0-87113-904-9; hardcover, Gale Group, February, 2004, hardcover, 366 pages, ISBN 0-7862-6211-7