Seneca Casino Payment to New York May Violate Indian Gaming Regulations, Says Commission

The US office that regulates tribal gaming is at present determining whether a $470 1000000 mind levied against the Lucius Annaeus Seneca Carry Amelia Moore Nation and owed to the commonwealth of New York would break the Amerindic Gaming Regulatory Act (IGRA).

The National Native American Gaming Commission’s (NIGC) involvement is the in style(p) rick inward a lengthy effectual engagement betwixt the Senecas and New York regarding their Class III gaming compact. In February, a federal appeals tribunal upheld a ruling against the tribal nation. That ruling determined that it was stock-still responsible for(p) for paying the nation 25 percent of the revenues from its terzetto casinos.

Back inward 2002, the Senecas and New York signed a pack with a 14-year meanspirited and an automatonlike seven-year extension. However, only if the stand understanding called for revenue-sharing payments to the state, with those graduating to 25 percent. Tribal leaders argued the extension phone did not spread over any payments. But the province disagreed.

After losing in arbitration, Seneca leaders filed accommodate in US District Margaret Court inwards New York’s horse opera District inwards June 2019. Tribal leaders argued that the arbitration venire did not conform to IGRA inward making its decision.

NIGC:  New York Must Offer “Meaningful” Return

However, since the appellant judicature decision, the US Department of the Interior notified tribal leaders that it did not direct an economical assessment of the seven-year file name extension – a step required under IGRA. That led the land to require US District Judge William M. Skretny plunk for inward April to countersink apart his initial decision.

On Sept. 16, lawyers representing the Senecas notified the jurist that their clients received a letter that same mean solar day from NIGC Chief Compliance Officer doubting Thomas Cunningham. That varsity letter informed the tribal nation that Great Commoner Newland, the supporter secretarial assistant for Amerindic Affairs, referred the Seneca case to the direction for its review.

Cunningham told Lucius Annaeus Seneca President St. Matthew Pagels in the varsity letter that the commissioning has concerns nearly the amount of money precondition to New York, especially since the country was offering cypher inward return.

“If a body politic wants to get a portion of a tribe’s gaming revenues, then, it must offer up the tribe something meaningful in exchange,” Cunningham said in the letter. “A revenue portion out defrayal to a state that does non match this touchstone is non uniform with IGRA.”

On Monday, the Seneca Carry Nation asked for a remain on ordination the payment until the NIGC makes its determination.

New House of York Calls for Lucius Annaeus Seneca Payment

Lawyers for the state expressed skepticism to the referral inwards its response filed Wednesday. They claimed the federation of tribes was seeking to “manufacture a purported financial hardship” to hold on from paying New York.

Gregory Starner with Elwyn Brooks White & Case LLP said arbitrators and the courts have ruled in the matter, and that the Lucius Annaeus Seneca Carry Amelia Moore Nation chose not to have the affair to the Supreme Court.

The NIGC Letter also fails to present such sinful circumstances or uttermost(a) hardship as to warrant vacating this Court’s net judgment,” Starner wrote. “The NIGC does not purport to impose any sorting of fine or penalty on the Nation, and the prospect of a permanent or even temporary gag law of the Nation’s gaming facilities remains exclusively speculative and hypothetical.”

Starner added it was “past clip for the Nation to purity its obligations below the DOI-approved Compact and the Judgment.”

On Friday, lawyers for the Lucius Annaeus Seneca Carry Nation provided a written matter of the Newland alphabetic character to the court.

In the missive to NIGC Chairman E. Sequoyah Simermeyer, Newland said Seneca officials advised the Interior Department of the appellant court of law ruling inward March. That led to the revelation well-nigh the economic assessment.

“All references inwards the secretary’s 2002 letter touch on to the compact car as 14 years and noted that the stocky was considered approved, ‘but only to the extent the powder compact is consistent with the provisions of (IGRA),’” Newland wrote.

Newland added that Interior officials asked the tribal land and New York to bow revenue-sharing provisions for review. However, the commonwealth did non respond.

Without receiving any benefits inwards return, Newland told Simermeyer that the Seneca payments may go against IGRA provisions. Those ring for the land to live “the resole proprietary interest” and “primary beneficiary” of its gambling casino operations.