Showing posts with label NIGC. Show all posts
Showing posts with label NIGC. Show all posts
Saturday, June 6, 2015
Saturday, November 1, 2014
15 charged with felonies in Chukchansi Gold casino armed confrontation
15 charged with felonies in Chukchansi Gold casino armed confrontation
The Fresno BeeOctober 31, 2014
Tex McDonald. right, emerges from federal court following a brief hearing over the closure of Chukchansi Gold Resort & Casino Wednesday, Oct. 29, 2014 in Fresno. ERIC PAUL ZAMORA — THE FRESNO BEE
Fifteen people involved in the Oct. 9 armed confrontation at Chukchansi Gold Resort & Casino have been charged with multiple felonies, Madera County District Attorney Michael Keitz announced Friday.
The forced takeover of the casino occurred when people directed by Tex McDonald, the leader of one of the contentious factions of the Picayune Rancheria of Chukchansi Indians, took over the gaming center from a tribal faction overseen by Reggie Lewis and Nancy Ayala. The casino and hotel has been closed since then.
Those charged include McDonald; his fellow tribal council member, Vernon King; McDonald’s tribal police chief, John Olivera; David Lee Dixon; Timothy Tofaute; Shawn Fernandez; Tyrone Mark Twain Bishop; Benjamin James Rhodes; Jim Glasscock; Brian Lec Auchenbach; John David Cayanne; Ronald Jones; David Paul Anderson; and Miguel Ramos.
All are charged with various felonies: kidnapping, false imprisonment, assault with a firearm, assault with a deadly weapon, battery inflicting serious injury and assault with a stun gun. McDonald’s bail will be set at $1 million, while the other 13 will have bail set at $800,000 apiece. McDonald has two prior strikes dating back to 1992 and 1995 for assault with a deadly weapon and making criminal threats.
A 15th man, Eric Domingo Flores Suniga, was charged with assault with a stun gun. His bail will be set at $25,000.
The McDonald faction had sole control of the casino for most of 2014 until Aug. 24, when members of the Lewis group entered the casino in the wee hours and holed up in offices and suites in the hotel’s 10th and 11th floors. The McDonald group then entered the casino on Oct. 9, provoking the battle in an attempt to gain control of gaming commission offices to unearth audit information.
During a hearing in U.S. District Court in Fresno on Wednesday, Judge Lawrence O’Neill referred to a declaration filed by the state Attorney General indicating that at least one member of the Lewis-Ayala security forces was armed with a gun. Other guns were found on the casino grounds, too, in the possession of the Lewis-Ayala faction’s security forces, the declaration said.
TIMELINE: Chukchansi casino’s creation and controversy
Sheriff’s reports recommending charges were sent to the district attorney on Tuesday, said Michael Keitz, Madera County district attorney.
“After several meetings with the Madera County Sheriff’s Office, we developed complaints in the case, those complaints were taken before a judge (Thomas Bender in Madera County Superior Court) today,” Keitz said during Friday’s news conference.
Two separate complaints — because of the large number of defendants — were issued, each charging 29 counts.
As of late Friday afternoon, Keitz said, no suspects had been arrested. Keitz said suspects can turn themselves into law enforcement or they will be found and arrested.
If convicted of the charges, those arrested could face a “significant amount” of time in state prison, Keitz said.
Regarding previous problems at the Picayune Rancheria of Chukchansi Indians, submitted to Keitz, he said: “The cases that I am familiar with, that have been turned over, have been declined for prosecution because the evidence did not meet the beyond-a-reasonable-doubt standard.”
Keitz said that his office has jurisdiction to deal with criminal allegations on tribal lands under federal legal guidelines, but has no jurisdiction to address civil matters. “It is not our duty here to get involved in the disputes between the tribal members. It is our duty to enforce the laws where there is a violation of the laws.”
In a prepared statement, David Leibowitz, a spokesman for the McDonald faction, said he and the others “did nothing wrong and nothing illegal.”
Leibowitz said the McDonald group had the authority to get control of the tribal gaming commission, and that the leaders and tribal officers “put no patrons in danger and they harmed no one.”
Said Leibowitz: “We fully intend to work cooperatively with the District Attorney’s Office to bring this matter to a quick conclusion and to clear these trained professionals’ and leaders’ names, just as we will continue to pursue justice for the Chukchansi people in the eyes of the law.”
Richard Verri, lawyer for a tribal faction led by Reggie Lewis, said the arrests were a “welcome development.”
“What these men did to the tribe, casino, employees and the community was a great loss,” he said.
Reggie Lewis said the arrests should have occurred weeks ago.
“I think it’s been a long time coming. A lot of people, me included, thought arrests should have happened, if not that night, at least the next day because they were all shown the videotapes of what happened and it was pretty clear that laws had been broken.”
He said people told him they didn’t feel safe, but that the arrests are a positive step. The order from Judge O’Neill on Wednesday put the blame squarely on the McDonald group, Lewis said.
“If you read the court order, it specifically pointed out that it was the McDonald faction that did these things and now that they’ve been arrested,” he said. “Hopefully, that will make a big impression on the NIGC and folks in Washington, so they see that the criminal element has been removed.”
He said he is still “hoping maybe they can get the casino open in a few weeks.”
A spokesman for the state attorney general said the office had no comment on the charges being filed.
The Attorney General’s Office and the National Indian Gaming Commission closed the casino three weeks ago. The injunction filed by the attorney general was supported by U.S. District Court Judge Lawrence O’Neill on Wednesday in Fresno. Efforts to reach the NIGC officials were unsuccessful.
The criminal complaints were filed four days before Election Day, and Keitz is fighting for his seat in a tight battle with private attorney David Linn.
Linn said Keitz’s announcement Friday smacked of political opportunity.
“Mr. Keitz has resisted the pleadings of law enforcement to get involved for years (at the rancheria) and refused to listen,” Linn said. “Now that eastern Madera County has been significantly impacted financially by the casino shutdown, he decides he wants to do something and help his campaign.”
Contact Marc Benjamin: mbenjamin@fresnobee.com, (559) 441-6166 or @beebenjamin on Twitter. Contact Carmen George: cgeorge@fresnobee.com, (559) 441-6386 or @CarmenGeorge on Twitter.
The forced takeover of the casino occurred when people directed by Tex McDonald, the leader of one of the contentious factions of the Picayune Rancheria of Chukchansi Indians, took over the gaming center from a tribal faction overseen by Reggie Lewis and Nancy Ayala. The casino and hotel has been closed since then.
Those charged include McDonald; his fellow tribal council member, Vernon King; McDonald’s tribal police chief, John Olivera; David Lee Dixon; Timothy Tofaute; Shawn Fernandez; Tyrone Mark Twain Bishop; Benjamin James Rhodes; Jim Glasscock; Brian Lec Auchenbach; John David Cayanne; Ronald Jones; David Paul Anderson; and Miguel Ramos.
All are charged with various felonies: kidnapping, false imprisonment, assault with a firearm, assault with a deadly weapon, battery inflicting serious injury and assault with a stun gun. McDonald’s bail will be set at $1 million, while the other 13 will have bail set at $800,000 apiece. McDonald has two prior strikes dating back to 1992 and 1995 for assault with a deadly weapon and making criminal threats.
A 15th man, Eric Domingo Flores Suniga, was charged with assault with a stun gun. His bail will be set at $25,000.
The McDonald faction had sole control of the casino for most of 2014 until Aug. 24, when members of the Lewis group entered the casino in the wee hours and holed up in offices and suites in the hotel’s 10th and 11th floors. The McDonald group then entered the casino on Oct. 9, provoking the battle in an attempt to gain control of gaming commission offices to unearth audit information.
During a hearing in U.S. District Court in Fresno on Wednesday, Judge Lawrence O’Neill referred to a declaration filed by the state Attorney General indicating that at least one member of the Lewis-Ayala security forces was armed with a gun. Other guns were found on the casino grounds, too, in the possession of the Lewis-Ayala faction’s security forces, the declaration said.
TIMELINE: Chukchansi casino’s creation and controversy
Sheriff’s reports recommending charges were sent to the district attorney on Tuesday, said Michael Keitz, Madera County district attorney.
“After several meetings with the Madera County Sheriff’s Office, we developed complaints in the case, those complaints were taken before a judge (Thomas Bender in Madera County Superior Court) today,” Keitz said during Friday’s news conference.
Two separate complaints — because of the large number of defendants — were issued, each charging 29 counts.
As of late Friday afternoon, Keitz said, no suspects had been arrested. Keitz said suspects can turn themselves into law enforcement or they will be found and arrested.
If convicted of the charges, those arrested could face a “significant amount” of time in state prison, Keitz said.
Regarding previous problems at the Picayune Rancheria of Chukchansi Indians, submitted to Keitz, he said: “The cases that I am familiar with, that have been turned over, have been declined for prosecution because the evidence did not meet the beyond-a-reasonable-doubt standard.”
Keitz said that his office has jurisdiction to deal with criminal allegations on tribal lands under federal legal guidelines, but has no jurisdiction to address civil matters. “It is not our duty here to get involved in the disputes between the tribal members. It is our duty to enforce the laws where there is a violation of the laws.”
In a prepared statement, David Leibowitz, a spokesman for the McDonald faction, said he and the others “did nothing wrong and nothing illegal.”
Leibowitz said the McDonald group had the authority to get control of the tribal gaming commission, and that the leaders and tribal officers “put no patrons in danger and they harmed no one.”
Said Leibowitz: “We fully intend to work cooperatively with the District Attorney’s Office to bring this matter to a quick conclusion and to clear these trained professionals’ and leaders’ names, just as we will continue to pursue justice for the Chukchansi people in the eyes of the law.”
Richard Verri, lawyer for a tribal faction led by Reggie Lewis, said the arrests were a “welcome development.”
“What these men did to the tribe, casino, employees and the community was a great loss,” he said.
Reggie Lewis said the arrests should have occurred weeks ago.
“I think it’s been a long time coming. A lot of people, me included, thought arrests should have happened, if not that night, at least the next day because they were all shown the videotapes of what happened and it was pretty clear that laws had been broken.”
He said people told him they didn’t feel safe, but that the arrests are a positive step. The order from Judge O’Neill on Wednesday put the blame squarely on the McDonald group, Lewis said.
“If you read the court order, it specifically pointed out that it was the McDonald faction that did these things and now that they’ve been arrested,” he said. “Hopefully, that will make a big impression on the NIGC and folks in Washington, so they see that the criminal element has been removed.”
He said he is still “hoping maybe they can get the casino open in a few weeks.”
A spokesman for the state attorney general said the office had no comment on the charges being filed.
The Attorney General’s Office and the National Indian Gaming Commission closed the casino three weeks ago. The injunction filed by the attorney general was supported by U.S. District Court Judge Lawrence O’Neill on Wednesday in Fresno. Efforts to reach the NIGC officials were unsuccessful.
The criminal complaints were filed four days before Election Day, and Keitz is fighting for his seat in a tight battle with private attorney David Linn.
Linn said Keitz’s announcement Friday smacked of political opportunity.
“Mr. Keitz has resisted the pleadings of law enforcement to get involved for years (at the rancheria) and refused to listen,” Linn said. “Now that eastern Madera County has been significantly impacted financially by the casino shutdown, he decides he wants to do something and help his campaign.”
Contact Marc Benjamin: mbenjamin@fresnobee.com, (559) 441-6166 or @beebenjamin on Twitter. Contact Carmen George: cgeorge@fresnobee.com, (559) 441-6386 or @CarmenGeorge on Twitter.
Sunday, October 12, 2014
Ooops! Think you're safe in a Tribal Casino?
Federal judge orders California casino shut down
After an armed standoff between tribal factions at a Central California casino, a federal judge issued an emergency order temporarily shutting the establishment down.
U.S. District Judge Lawrence J. O’Neill issued the order on Friday afternoon, saying the tribe that runs the Chukchansi Gold Resort & Casino may have violated its compact with the state, which requires it not to endanger public health or safety.
O'Neill scheduled a hearing on the matter for Wednesday, according to a report in the Fresno Bee.
More than a dozen people armed with guns and wearing bulletproof vests walked into the casino Thursday night, triggering a mass evacuation of customers and employees who were left stranded for hours.
It was the latest escalation of a tribal dispute that grew out of a disputed election earlier this year.
The armed group claimed to represent the legitimate leadership of the Picayune Rancheria of Chukchansi Indians tribe in Madera County. In 2012, a confrontation caused a response by about 100 sheriff's deputies and left two people hospitalized, one with a stab wound.
In the most recent incident, up to 20 people entered the hotel side of the Chukchansi Gold Resort & Casino in the town of Coarsegold about 6 p.m. and occupied offices between the hotel and the casino sections, Madera County sheriff’s officials said.
“It was literally shut down within minutes and there was virtually nothing anybody could do about it,” said Madera County sheriff’s spokesman Erica Stuart.
After entering the casino the group pulled a fire alarm and shut off power to the property, Stuart said.
Casino managers told employees to evacuate, leaving hundreds of casino visitors who had used the valet services and hotel guests without the means to retrieve their cars or belongings.
An attorney representing casino management told The Times on Friday that guests were later able to reclaim their property under sheriff’s deputy escort and that casino operators maintained control of the property.
This is the first time that a large number of non-tribe members have been caught in the middle of the leadership dispute, Stuart said. The Sheriff's Department has limited power because the casino is on tribal land, she added.
“This has never happened in the casino, ever. This had always happened across the way, where the tribal headquarters are,” Stuart said.
The casino is about 200 miles south of San Francisco in the Sierra foothills near Yosemite National Park.
The group that entered the casino Thursday claims it is trying to recover documents to hand over to the National Indian Gaming Commission, which had asked to review them. The agency said this week that it will close the casino Oct. 27 if two years worth of financial paperwork isn’t handed over for review.
The casino’s current operators said they were working with the commission to resolve the issue. The casino is the tribe's biggest source of revenue.
http://www.latimes.com/local/lanow/la-me-ln-federal-judge-orders-california-casino-shut-down-20141010-story.html
U.S. District Judge Lawrence J. O’Neill issued the order on Friday afternoon, saying the tribe that runs the Chukchansi Gold Resort & Casino may have violated its compact with the state, which requires it not to endanger public health or safety.
O'Neill scheduled a hearing on the matter for Wednesday, according to a report in the Fresno Bee.
It was the latest escalation of a tribal dispute that grew out of a disputed election earlier this year.
The armed group claimed to represent the legitimate leadership of the Picayune Rancheria of Chukchansi Indians tribe in Madera County. In 2012, a confrontation caused a response by about 100 sheriff's deputies and left two people hospitalized, one with a stab wound.
In the most recent incident, up to 20 people entered the hotel side of the Chukchansi Gold Resort & Casino in the town of Coarsegold about 6 p.m. and occupied offices between the hotel and the casino sections, Madera County sheriff’s officials said.
“It was literally shut down within minutes and there was virtually nothing anybody could do about it,” said Madera County sheriff’s spokesman Erica Stuart.
Casino managers told employees to evacuate, leaving hundreds of casino visitors who had used the valet services and hotel guests without the means to retrieve their cars or belongings.
An attorney representing casino management told The Times on Friday that guests were later able to reclaim their property under sheriff’s deputy escort and that casino operators maintained control of the property.
This is the first time that a large number of non-tribe members have been caught in the middle of the leadership dispute, Stuart said. The Sheriff's Department has limited power because the casino is on tribal land, she added.
“This has never happened in the casino, ever. This had always happened across the way, where the tribal headquarters are,” Stuart said.
The casino is about 200 miles south of San Francisco in the Sierra foothills near Yosemite National Park.
The group that entered the casino Thursday claims it is trying to recover documents to hand over to the National Indian Gaming Commission, which had asked to review them. The agency said this week that it will close the casino Oct. 27 if two years worth of financial paperwork isn’t handed over for review.
The casino’s current operators said they were working with the commission to resolve the issue. The casino is the tribe's biggest source of revenue.
http://www.latimes.com/local/lanow/la-me-ln-federal-judge-orders-california-casino-shut-down-20141010-story.html
Saturday, March 8, 2014
Tribe gives $250,000 to attorney general candidate
Tribe gives $250,000 to attorney general candidate
By KIM CHANDLER, Associated Press
Updated 11:21 am, Friday, March 7, 2014
MONTGOMERY, Ala. (AP) — The Poarch Band of Creek Indians gave heavily to the Democratic challenger for attorney general who opposes incumbent Luther Strange's efforts to close the tribe's casinos.
Montgomery Rep. Joe Hubbard, D-Montgomery, filed campaign finance reports this week showing he received $250,000 from political action committees fueled by the Poarch Creeks.
Hubbard received a total of $250,000 from three PACs operated by lobbyist John Teague. The PACs received almost all of their money from the Poarch Creeks. The money represents the bulk of the $326,827 that Hubbard raised in the first month of his campaign for attorney general.
The Poarch Band operates electronic bingo casinos in Montgomery, Wetumpka and Atmore.
Strange has encouraged the National Indian Gaming Commission to take action against the Poarch Creek's three casinos, arguing the tribe's electronic bingo machines are more like slot machines and should not be allowed without state permission. He filed a lawsuit in 2013 seeking to shut down the three casinos, accusing the tribe of "operating, advancing, and profiting from unlawful gambling activity."
Hubbard on Friday said Strange was wasting state resources. He said the Poarch Band is a federally recognized tribe and not under Alabama jurisdiction.
"Luther Strange has no more business going in there and telling them how to run their business than he does going down to Mexico City and telling Mexicans how to run their domino games. Trying to run those little old ladies out of those bingo parlors is a waste of precious resources that we can't afford to waste," Hubbard said.
An email requesting comment from Strange's campaign was not immediately returned.
Strange said in a statement last year that federal inaction regarding Indian bingo casinos left him no action but to file the lawsuit.
"As I have said many times, my office will use every tool at its disposal to stop illegal gambling in Alabama, wherever it is located. This lawsuit against the Poarch Band is one of those tools," Strange said.
Hubbard announced his challenge to the Strange last month. Strange is still far outgunning Hubbard in the money raise. Strange this week reported a campaign balance of nearly $1.2 million.
The Poarch Creeks, now the state's chief operator of electronic bingo games, have become a major player on the Alabama political stage. The tribe has made $837,500 in campaign contributions since June, according to campaign finance records.
Saturday, November 16, 2013
The Genting/Mashpee Tribe and The 'Ever-Persistant' Aquinnah
New Wampanoag Compact sent to Washington
Gov. Patrick signed into law a resolve ratifying the compact
From left: Cheryl Frye-Cromwell, Vice Chairwoman Jessie “Little Doe” Baird, Marie Stone, Gov. Deval Patrick Chief Vernon “Silent Drum” Lopez, Chairman Cedric Cromwell and Trish Keliinui. Regan Communications photo
TAUNTON TRIBAL CASINO COMPACT HEADED BACK TO WASHINGTON
Governor Patrick signed new compact into law today
The Mashpee Wampanoag’s new tribal compact with the state is headed to the Bureau of Indian Affairs, where tribal officials have higher hopes in this second attempt for federal approval, moving the tribe closer to building a casino in Taunton.On Friday morning, Gov. Deval Patrick signed into law a resolve ratifying the tribal compact he signed last March. The House and Senate approved the compact this fall.
“It’s a monumental day, and we’re moving forward,” said Mashpee Chairman Cedric Cromwell, who received the pen used to sign the bill into law.
BIA has 45 days to approve or reject new compact
The Bureau of Indian Affairs, which has 45 days to review the compact, rejected an earlier compact between the tribe and the state last year, because the state was conceding things out of the scope of its authority, such as water and hunting rights.
The tribe is undergoing another federal process to receive land-in-trust, which many have said cannot legally be granted to the Mashpee because they were not a federally recognized tribe before 1934.
The Mashpee have argued that the federal government has been well aware of the tribe dating back to the early days of European settlement, and Cromwell said the land-in-trust application is undergoing an environmental review and he hopes to be able to break ground next year.
Aquinnah Wampanoag asserting right for a casino too
Others are hoping to build gambling complexes in the southeastern region. The Aquinnah Wampanoag Tribe asserted this week that they have the right to build a casino on Martha’s Vineyard; the Patrick administration has disputed that claim.
“It’s against Wampanoag tradition for us to speak about Aquinnahs…. or their government in a public way. Certainly their community will know what’s best for them,” said Vice Chairwoman Jessie Little Doe Baird, when asked about the situation.
KG Urban Enterprises, a group of developers seeking to build a casino along the New Bedford waterfront, is suing the state and arguing the 2011 gaming law is discriminatory, favoring Indian tribes.
"Who are they?" asked Mashpee Chair Cromwell.
“Who are they?” Cromwell asked with a smile, when asked about the lawsuit. The Mashpee met the requirements of the 2011 law and won approval from a majority of Taunton voters in a non-binding referendum, but plans to build at an office park along Route 140 have been slowed by federal regulators.
The compact grants the state 21 percent if Taunton is the only licensed casino in the state; 17 percent if no licensed gaming is built in the southeastern region, with a subtraction of 2 percent if a slots parlor goes up in the region and no revenue share if a licensed casino is built in the region.
Aquinnah casino would mean no revenue for state
Martha’s Vineyard falls within the southeast region, however if the Aquinnah’s plans are realized, they might not trigger the zero-percent clause in the Mashpee compact.
After voters in Lakeville and Freetown rejected its casino proposal and Patrick chose to negotiate with the Mashpee, the Aquinnah have not sought to build a casino through the state’s licensing process overseen by the Massachusetts Gaming Commission.
Related Content:
Gaming Games
The Aquinnah casino announcement came just five days before tribal chairman Cheryl Andrews-Maltais faces a tough re-election battle against former tribal administrator Tobias Vanderhoop
The Gazette reported a year ago that work had quietly begun on the tribe’s unfinished community center in Aquinnah to turn it into a glorified bingo hall.
[This Guest Editorial appeared in today edition of The Vineyard Gazette.]
Gaming Game
The only real surprise in the announcement from tribal chairman Cheryl Andrews-Maltais this week that the Wampanoag Tribe of Gay Head (Aquinnah) intends to move forward with gaming on the Vineyard was in the way the news was delivered.The chairman has been claiming for more than a year that the tribe has the right to conduct what is known as Class II gaming on tribal lands without the approval of the state, under a section of the Indian Gaming Rights Act of 1988 that is different from the one at play with the Mashpee Wampanoags’ proposed mainland casino. The Gazette reported a year ago that work had quietly begun on the tribe’s unfinished community center in Aquinnah to turn it into a glorified bingo hall.
The development on Tuesday was that Mrs. Andrews-Maltais has some support for her view from the National Indian Gaming Commission, an independent federal agency that regulates Indian gaming. In a story published online Tuesday morning by the Boston Globe, the tribal chairman referred to a letter opinion dated October twenty fifth from the acting general counsel of the NIGC offering the view that the tribe was not bound by a 1983 settlement agreement with the town of Aquinnah.
Town and state officials have repeatedly contended that that agreement, settling longstanding land claims and leading to the Aquinnah tribe’s formal federal recognition, set limits on the tribe’s sovereignty, including its ability to conduct gaming. The agreement was tested in the Massachusetts Supreme Court nearly a decade ago. The state’s highest court found that on the subject of land use, the tribe had waived its sovereignty and was bound to follow state and local zoning laws under the terms of the agreement.
That there are two decidedly different views of this issue is par for the course in Indian gaming law, which has become a battleground nationwide for the many complicated questions around how much self-determination Indian tribes really have. Next month, the U.S. Supreme Court will take up a case involving a small tribe in Michigan that tried to open a casino. Though the specific issues are very different, the same broad questions of sovereignty are at issue.
Given the complexity of the issues and the likelihood of a legal challenge if the tribe actually tries to open a gaming facility, it seems highly unlikely that high-stakes bingo will come to the Vineyard anytime soon.
Though we dislike the idea of gambling, especially on the Vineyard, we have some sympathy for the tribe’s longheld desire to find its own engine for economic development. The tribe has been trying unsuccessfully over many years to get into the casino business.
Most recently, the Aquinnah tribe was shut out by Gov. Deval Patrick in favor of its sister tribe, the Mashpee Wampanoags, for the one of three authorized state casino licenses promised to an Indian tribe. The Aquinnah Wampanoags had a proposal to build a casino on a five hundred and fifteen-acre parcel of land in Freetown and Lakeview, but the governor refused to negotiate with the Vineyard tribe based on the 1983 settlement agreement.
Perhaps Mrs. Andrews-Maltais honestly believes the tribe has no alternative but to take a bold step and see what transpires. But her abrupt disclosure in the media of a letter dated more than two weeks ago came just five days before she faces a tough re-election battle against former tribal administrator Tobias Vanderhoop.
Tribal members have a clear choice in this election and we will be watching to see how they react.
See the original Vineyard Gazette Editorial here.
http://www.capecodtoday.com/article/2013/11/15/22768-gaming-games
Thursday, August 16, 2012
Growing Casino Deal Leads to City Hall
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Monday, August 6, 2012
Another Tribe Renegs on Loans
Nooksack Tribe's unpaid casino loans fuel complex court battle
The Nooksack Indian Tribe is locked in a high-stakes legal battle with the banks that provided about $39 million in loans to finance the tribe's two casinos.
Both the tribe and the lenders are playing hardball in courtroom maneuvering that may do little more than set the stage for a negotiated settlement. In Seattle, a federal judge recently postponed hearings on motions filed in that venue, on grounds that settlement talks were under way.
The outcome of the complex financial and legal battle could have a serious impact on the 2,000-member tribe headquartered in Deming, and for operation of the tribe's two Whatcom County casinos, which provide hundreds of jobs for Indians and non-Indians.
Tribal Chairman Bob Kelly, who took office after the loans were made, said he preferred not to comment on a pending legal matter.
A Minneapolis law firm representing the lenders did not respond to phone calls seeking comment.
In legal cases filed in Whatcom County Superior Court, attorneys representing a Minnesota loan servicing firm have attempted to seize tribal bank accounts and get control of casino revenues to repay the unnamed banks who say they are entitled to repayment of the loans.
So far the tribe's attorneys seem to have stalled those efforts. They argue that the tribe has sovereign immunity that protects it against lawsuits, even though the tribal council agreed to waive sovereign immunity as a condition of getting the loans before they were made in 2006 and 2007.
Attorneys for the loan servicing firm reply that the tribe has a legal obligation to repay, and that obligation should be enforceable in court.
"If (the tribe's) arguments were the law, any tribal entity would have virtually unfettered discretion as to whether it should have to repay its obligations on a casino loan," attorneys state in one document.
"Any restriction on its discretion, however slight, would relieve the borrower of any duty to pay back the loan. The result would disrupt longstanding business relationships among lenders and tribes; lenders would have no option but to stop making the loans needed for tribal enterprises that benefit their members, and Plaintiff would be wrongfully deprived of its contractual remedies in any forum."
The tribe's attorneys contend that the seeming unfairness of the situation is beside the point.
"Sovereign immunity is a doctrine whose application frequently leads to unfair results," the tribe's attorneys state in a Whatcom County Superior Court document.
In Superior Court, as well as in a federal lawsuit filed in U.S. District Court in Seattle, the tribe's attorneys contend that even though the casino loan agreements were approved by the tribal council, they surrendered too much casino management authority to the lenders. As they see it, that makes the loan agreements equivalent to a "management contract," which many tribes have used when they hire non-Indian firms to help operate their casinos.
But federal law states that all such tribal casino management contracts must get approval from the National Indian Gaming Commission. Since the Nooksack loan agreements never got that federal review, they are not valid and not enforceable, the tribe's attorneys say in court documents.
The tribe also contends that if the lenders had their way, all casino proceeds would have to be used to pay off the loans, leaving no revenue to support tribal programs. That would be contrary to the purpose of tribal casinos as spelled out in federal law: "a means of promoting tribal economic development, self-sufficiency, and strong tribal governments."
The loans at issue include $25.3 million to build and equip the Northwood Casino, and $13.7 million to refurbish the older Nooksack River Casino in Deming and pay off earlier loans.
In the federal lawsuit, the tribe's attorneys maintain that the Northwood loan agreements would have been rejected if the federal gaming commission had taken a look at them. That commission is supposed to act as a trustee protecting tribal interests, and "a trustee, exercising the skill and diligence that a trustee is commonly held to, would not have approved the loan documents ... because from the time the loans were made, Northwood would never have been able to support the monthly debt service to pay off the loans, and the loans were doomed to default."
The tribe's attorneys also have argued that the debts were incurred by two tribally chartered corporations: Nooksack Business Corp. I and Nooksack Business Corp. II, and the banks have no legal claim on the tribe itself or on other tribal revenues. They also complain that the loan servicer, Outsource Services Management, attempted to seize bank accounts without legal notice to the corporations or the tribe itself.
The tribe's legal arguments did not persuade Whatcom County Superior Court Judge Ira Uhrig, who granted a $25.3 million judgment against Nooksack Business Corp. II related to the Northwood casino loans.
In his opinion, Uhrig said evidence showed that the tribal council had approved the waiver of sovereign immunity and the rest of the loan agreements after they had been reviewed and approved by the tribe's attorneys.
Uhrig also noted that on March 29, 2010, then-tribal chairman Narz Cunanan had signed a "confession of judgment" in his dual capacity as president of Nooksack Business Corp. II, acknowledging that the tribal-controlled corporation owed $25.3 million on its Northwood loans.
In an email message, current tribal chairman Bob Kelly said at the time the confession of judgment was signed, Cunanan was serving out the final days of his term of office after Kelly had defeated him in his re-election bid. Kelly said he had been unaware of Cunanan's actions.
The tribe is appealing Uhrig's judgment. Among other things, the tribe challenges Cunanan's authority to admit to the $25.3 million debt.
In a separate case, Whatcom County Superior Court Judge Steven Mura ruled against a tribal motion to dismiss Outsource Services' $13.7 million lawsuit seeking repayment of a Nooksack River Casino loan. Mura rejected the tribe's arguments about sovereign immunity and the need for federal approval of the loan agreement, but he also agreed to forward his ruling on the underlying legal issues to the Court of Appeals for review.
"I believe this issue should be resolved at the appellate level before the parties are made to go to the expense of discovery and trial," Mura said in a letter to both parties, included in public court files.
The tribe also is seeking an injunction in federal court to block the loan servicing firm from taking any action to collect the millions of dollars in unpaid loans to build and equip the Northwood Casino, which opened in 2007.
According to court documents, Marshall Bank and a predecessor, FirstBank, loaned millions to the tribal business corporations beginning in late 2006 with a $15.3 million loan to refurbish the tribe's original Nooksack River Casino in Deming, while paying off older loans. In 2007, the bank provided another $26 million for the construction and furnishing of the tribe's second casino on Northwood Road.
Marshall Bank then sold portions of the loan to other banks but continued to serve as loan servicer.
In August 2009, Marshall Bank filed a lawsuit in Whatcom County Superior Court, alleging that the tribe had stopped making payment on the Northwood loan. In January 2010, the FDIC shut down Marshall Bank, leaving the FDIC in the role of servicer on the tribal loans.
But then, the unnamed banks who had helped finance the deal stepped in and, with FDIC approval, appointed Outsource Services to handle the unpaid debt on their behalf. The identity of those banks is nowhere revealed in court documents.
In March 2010, the tribe announced it had settled the Northwood loan lawsuit from 2009, negotiating new terms with the lender. But court documents indicate that the tribe failed to make required loan payments in January 2012, and that triggered a new round of litigation. http://www.thenewstribune.com/2012/08/05/2240807/nooksack-tribes-unpaid-casino.html
Both the tribe and the lenders are playing hardball in courtroom maneuvering that may do little more than set the stage for a negotiated settlement. In Seattle, a federal judge recently postponed hearings on motions filed in that venue, on grounds that settlement talks were under way.
The outcome of the complex financial and legal battle could have a serious impact on the 2,000-member tribe headquartered in Deming, and for operation of the tribe's two Whatcom County casinos, which provide hundreds of jobs for Indians and non-Indians.
Tribal Chairman Bob Kelly, who took office after the loans were made, said he preferred not to comment on a pending legal matter.
A Minneapolis law firm representing the lenders did not respond to phone calls seeking comment.
In legal cases filed in Whatcom County Superior Court, attorneys representing a Minnesota loan servicing firm have attempted to seize tribal bank accounts and get control of casino revenues to repay the unnamed banks who say they are entitled to repayment of the loans.
So far the tribe's attorneys seem to have stalled those efforts. They argue that the tribe has sovereign immunity that protects it against lawsuits, even though the tribal council agreed to waive sovereign immunity as a condition of getting the loans before they were made in 2006 and 2007.
Attorneys for the loan servicing firm reply that the tribe has a legal obligation to repay, and that obligation should be enforceable in court.
"If (the tribe's) arguments were the law, any tribal entity would have virtually unfettered discretion as to whether it should have to repay its obligations on a casino loan," attorneys state in one document.
"Any restriction on its discretion, however slight, would relieve the borrower of any duty to pay back the loan. The result would disrupt longstanding business relationships among lenders and tribes; lenders would have no option but to stop making the loans needed for tribal enterprises that benefit their members, and Plaintiff would be wrongfully deprived of its contractual remedies in any forum."
The tribe's attorneys contend that the seeming unfairness of the situation is beside the point.
"Sovereign immunity is a doctrine whose application frequently leads to unfair results," the tribe's attorneys state in a Whatcom County Superior Court document.
In Superior Court, as well as in a federal lawsuit filed in U.S. District Court in Seattle, the tribe's attorneys contend that even though the casino loan agreements were approved by the tribal council, they surrendered too much casino management authority to the lenders. As they see it, that makes the loan agreements equivalent to a "management contract," which many tribes have used when they hire non-Indian firms to help operate their casinos.
But federal law states that all such tribal casino management contracts must get approval from the National Indian Gaming Commission. Since the Nooksack loan agreements never got that federal review, they are not valid and not enforceable, the tribe's attorneys say in court documents.
The tribe also contends that if the lenders had their way, all casino proceeds would have to be used to pay off the loans, leaving no revenue to support tribal programs. That would be contrary to the purpose of tribal casinos as spelled out in federal law: "a means of promoting tribal economic development, self-sufficiency, and strong tribal governments."
The loans at issue include $25.3 million to build and equip the Northwood Casino, and $13.7 million to refurbish the older Nooksack River Casino in Deming and pay off earlier loans.
In the federal lawsuit, the tribe's attorneys maintain that the Northwood loan agreements would have been rejected if the federal gaming commission had taken a look at them. That commission is supposed to act as a trustee protecting tribal interests, and "a trustee, exercising the skill and diligence that a trustee is commonly held to, would not have approved the loan documents ... because from the time the loans were made, Northwood would never have been able to support the monthly debt service to pay off the loans, and the loans were doomed to default."
The tribe's attorneys also have argued that the debts were incurred by two tribally chartered corporations: Nooksack Business Corp. I and Nooksack Business Corp. II, and the banks have no legal claim on the tribe itself or on other tribal revenues. They also complain that the loan servicer, Outsource Services Management, attempted to seize bank accounts without legal notice to the corporations or the tribe itself.
The tribe's legal arguments did not persuade Whatcom County Superior Court Judge Ira Uhrig, who granted a $25.3 million judgment against Nooksack Business Corp. II related to the Northwood casino loans.
In his opinion, Uhrig said evidence showed that the tribal council had approved the waiver of sovereign immunity and the rest of the loan agreements after they had been reviewed and approved by the tribe's attorneys.
Uhrig also noted that on March 29, 2010, then-tribal chairman Narz Cunanan had signed a "confession of judgment" in his dual capacity as president of Nooksack Business Corp. II, acknowledging that the tribal-controlled corporation owed $25.3 million on its Northwood loans.
In an email message, current tribal chairman Bob Kelly said at the time the confession of judgment was signed, Cunanan was serving out the final days of his term of office after Kelly had defeated him in his re-election bid. Kelly said he had been unaware of Cunanan's actions.
The tribe is appealing Uhrig's judgment. Among other things, the tribe challenges Cunanan's authority to admit to the $25.3 million debt.
In a separate case, Whatcom County Superior Court Judge Steven Mura ruled against a tribal motion to dismiss Outsource Services' $13.7 million lawsuit seeking repayment of a Nooksack River Casino loan. Mura rejected the tribe's arguments about sovereign immunity and the need for federal approval of the loan agreement, but he also agreed to forward his ruling on the underlying legal issues to the Court of Appeals for review.
"I believe this issue should be resolved at the appellate level before the parties are made to go to the expense of discovery and trial," Mura said in a letter to both parties, included in public court files.
The tribe also is seeking an injunction in federal court to block the loan servicing firm from taking any action to collect the millions of dollars in unpaid loans to build and equip the Northwood Casino, which opened in 2007.
According to court documents, Marshall Bank and a predecessor, FirstBank, loaned millions to the tribal business corporations beginning in late 2006 with a $15.3 million loan to refurbish the tribe's original Nooksack River Casino in Deming, while paying off older loans. In 2007, the bank provided another $26 million for the construction and furnishing of the tribe's second casino on Northwood Road.
Marshall Bank then sold portions of the loan to other banks but continued to serve as loan servicer.
In August 2009, Marshall Bank filed a lawsuit in Whatcom County Superior Court, alleging that the tribe had stopped making payment on the Northwood loan. In January 2010, the FDIC shut down Marshall Bank, leaving the FDIC in the role of servicer on the tribal loans.
But then, the unnamed banks who had helped finance the deal stepped in and, with FDIC approval, appointed Outsource Services to handle the unpaid debt on their behalf. The identity of those banks is nowhere revealed in court documents.
In March 2010, the tribe announced it had settled the Northwood loan lawsuit from 2009, negotiating new terms with the lender. But court documents indicate that the tribe failed to make required loan payments in January 2012, and that triggered a new round of litigation. http://www.thenewstribune.com/2012/08/05/2240807/nooksack-tribes-unpaid-casino.html
Wednesday, July 11, 2012
Okla. casino may close if trust issue not decided
Okla. casino may close if trust issue not decided
OKLAHOMA CITY — A federal judge affirmed an agreement on Tuesday that requires the United Keetoowah Band of Cherokees to cease gambling activities July 30 unless it obtains federal trust status for the land in Tahlequah where the casino operates.
U.S. District Judge Ronald White wrote in his order that the tribe would be able to resume gaming operations if it receives a favorable ruling on its amended land trust application, as long as the land remains in trust and the National Indian Gaming Commission permits gaming on the land.
The attorney general and the tribe reached the agreement in June that required the Keetoowahs to pay $2 million to the state and end gambling operations at the Tahlequah site at the end of the month.
Tuesday's order granted a joint request by both parties to lift a temporary injunction that barred the state from enforcing gaming law violations at the casino.
The Keetoowah tribe opened the casino in 1986 before the federal government determined whether the land was Native American land. Under state law, casinos on non-American Indian land are illegal.
The National Indian Gaming Commission concluded last year that the casino land was not Indian land and not eligible for gaming. The Keetoowahs filed an amended trust application on Aug. 15.
James McMillin, an attorney for the tribe, said unless there is a favorable determination to take the land into trust before the month's end, the Keetoowahs must cease operations at the casino.
"It's a very dicey game," McMillin said. "We are hopeful, but we have no guarantees that it's going to happen."
The Tulsa World reported that the casino has brought in at least $13 million a year for the tribe.
(Story distributed by The Associated Press)
http://www.therepublic.com/view/story/8d3ccd92fcc347e88dda136bd40e2e2e/OK--Keetoowah-Casino
July 11, 2012
Tribe ordered to suspend gaming
UKB must close Tahlequah casino
— Time is winding down for a Tahlequah-based tribe ordered Tuesday to suspend its gaming operations by July 30.
An agreed order issued by a federal judge in Muskogee requires the United Keetoowah Band of the Cherokee Indians in Oklahoma to close its Tahlequah casino. The tribe has operated its Tahlequah casino since 1986.
Jim McMillin, an Oklahoma City lawyer who represents the tribe, said UKB officials are hopeful the looming suspension can be avoided. For that to happen, McMillin said, the U.S. Interior Department would have to grant the tribe’s application to place into trust the property where the casino is located.
“It will be a terrible blow to the tribe if that doesn’t happen,” McMillin said about the agency’s pending decision. “The casino is the tribe’s major source of income. Tribal services would be curtailed tremendously if the casino is closed.”
Suspending the tribe’s gaming operations is one among several terms of the order based upon an agreement struck June 8 by state and tribal officials. The order lifts an earlier order that prohibited the state from enforcing its gaming laws against the tribe until federal officials ruled on the status of property where the casino is located.
State law prohibits tribes from operating casinos on property that does not qualify as Indian land. Attempts to enforce state gaming laws against the UKB were thwarted in 2004 when a state district judge issued a temporary injunction because of ongoing questions about whether the UKB casino was on Indian land.
The National Indian Gaming Commission ruled one year ago the UKB’s casino property did not qualify as “Indian lands” as defined by the Indian Gaming Regulatory Act. The NIGC’s determination was upheld by the U.S. Interior Department’s solicitor.
Oklahoma Attorney General Scott Pruitt and UKB Chief George Wickliffe struck a deal in June allowing the casino to operate until July 30. The agreement includes a provision requiring the tribe to pay the state $2 million — a lump sum of $100,000 by June 8 and 60 monthly payments of $33,720.
Those payments, according to the June 8 agreement, will be suspended if the casino is shuttered and would continue when the tribe is able to resume Class II or III gaming operations.
McMillin said the tribe applied five years ago to place the casino land into trust and amended its application nearly a year ago. A decision, McMillin said, is pending administrative review.
“We are doing everything we possibly can to find a pathway through this and get a favorable determination of placing that property into trust,” McMillin said.
M. Thomas Jordan, UKB communications director, said Wickliffe was traveling Tuesday and unavailable to comment.
Reach D.E. Smoot at (918) 684-2901 or dsmoot@muskogeephoenix.com.
http://muskogeephoenix.com/local/x1146337567/Tribe-ordered-to-suspend-gaming
An agreed order issued by a federal judge in Muskogee requires the United Keetoowah Band of the Cherokee Indians in Oklahoma to close its Tahlequah casino. The tribe has operated its Tahlequah casino since 1986.
Jim McMillin, an Oklahoma City lawyer who represents the tribe, said UKB officials are hopeful the looming suspension can be avoided. For that to happen, McMillin said, the U.S. Interior Department would have to grant the tribe’s application to place into trust the property where the casino is located.
“It will be a terrible blow to the tribe if that doesn’t happen,” McMillin said about the agency’s pending decision. “The casino is the tribe’s major source of income. Tribal services would be curtailed tremendously if the casino is closed.”
Suspending the tribe’s gaming operations is one among several terms of the order based upon an agreement struck June 8 by state and tribal officials. The order lifts an earlier order that prohibited the state from enforcing its gaming laws against the tribe until federal officials ruled on the status of property where the casino is located.
State law prohibits tribes from operating casinos on property that does not qualify as Indian land. Attempts to enforce state gaming laws against the UKB were thwarted in 2004 when a state district judge issued a temporary injunction because of ongoing questions about whether the UKB casino was on Indian land.
The National Indian Gaming Commission ruled one year ago the UKB’s casino property did not qualify as “Indian lands” as defined by the Indian Gaming Regulatory Act. The NIGC’s determination was upheld by the U.S. Interior Department’s solicitor.
Oklahoma Attorney General Scott Pruitt and UKB Chief George Wickliffe struck a deal in June allowing the casino to operate until July 30. The agreement includes a provision requiring the tribe to pay the state $2 million — a lump sum of $100,000 by June 8 and 60 monthly payments of $33,720.
Those payments, according to the June 8 agreement, will be suspended if the casino is shuttered and would continue when the tribe is able to resume Class II or III gaming operations.
McMillin said the tribe applied five years ago to place the casino land into trust and amended its application nearly a year ago. A decision, McMillin said, is pending administrative review.
“We are doing everything we possibly can to find a pathway through this and get a favorable determination of placing that property into trust,” McMillin said.
M. Thomas Jordan, UKB communications director, said Wickliffe was traveling Tuesday and unavailable to comment.
Reach D.E. Smoot at (918) 684-2901 or dsmoot@muskogeephoenix.com.
http://muskogeephoenix.com/local/x1146337567/Tribe-ordered-to-suspend-gaming
Thursday, June 7, 2012
Cedric Made it up!
A step forward, back for Mashpee tribe
It was a day of good and bad news for the Mashpee Wampanoag Tribe in its efforts to build a $500 million casino complex in Taunton.
The tribe announced Wednesday the National Indian Gaming Commission, the federal agency that oversees Indian casinos, approved the Mashpee Wampanoag's gaming ordinance.
"This, along with the approval of an intergovernmental agreement with the city of Taunton, movement forward on our land in trust application by the Bureau of Indian Affairs, and continuing productive negotiations on our compact with the commonwealth, shows the positive progress we have moving toward our goals," tribal council Chairman Cedric Cromwell said in a prepared statement.
The approval comes just three days before Saturday's citywide election and as the Wampanoag race to meet a July 31 deadline established by state legislation authorizing three casinos and a single slot parlor.
Except it NEVER happend! See below. Excess Casino KoolAid consumption causes hallucinations.
The ordinance sets up a five-member gaming commission to oversee the rules and regulations of the tribe's casino management. Members of the commission and casino employees are subject to background checks that include fingerprinting and a review of criminal records, according to the ordinance posted on the National Indian Gaming Commission website.
The tribe has proposed its casino project on 145 acres in the Liberty and Union Industrial Park. City leaders have approved an agreement with the tribe that will pay the city 2.05 percent of net slot revenue yearly, as well as annual payments of $4.9 million for operational expenses and $33 million for one-time infrastructure improvements.
But for the second day in a row, casino critics attempted to muddy the waters for voters in the upcoming election, which will show whether city residents approve of the tribe's plan. This time it was the tribe's jilted ex-partner Middleboro, which continues to seek payments for what it calls a breach of contract.
Last night, Middleboro selectmen voted in executive session to send letters of opposition to Gov. Deval Patrick and the Bureau of Indian Affairs. The town believes its contract with the tribe for a $1 billion casino in Middleboro on 539 acres remains in effect.
In that deal, the town would have received $7 million per year with a 3.1 percent increase based on the consumer price index. The tribe also agreed to $250 million in infrastructure improvements.
In 2010, shortly after the tribe severed its ties with casino moguls Sol Kerzner and Len Wolman, it announced it was walking away from Middleboro in pursuit of a deal in Fall River.
The Fall River talks fizzled, and it was on to Taunton. Ever since, Middleboro and the tribe have engaged in a war of words.
In its letter to the bureau, Middleboro selectmen say they have never been formally told by the tribe it is no longer seeking to put the land in town into trust and it has gotten its information through media reports. "It is obvious to (Middleboro) and to any reasonably informed observer that the tribe simply cannot be counted upon to fulfill its obligations, and that its leadership has come to view sovereignty as an axe to be wielded against any person or entity that attempts to enforce its obligations," the letter states.
A separate letter to Patrick asks for public input into the compact negotiations so communities surrounding Taunton can be assured that traffic and water concerns are addressed.
"They're pressing forward with Taunton. They're pressing forward with the BIA, and they're pressing forward with the governor, and we object to that until they finish their business with Middleboro," Selectman Allin Frawley said after the meeting.
The board continues to explore its legal options, he said. Frawley pointed out the agreement signed between Middleboro and the tribe requires "mutual trust and support."
"Right there, that's a joke," Frawley said. "We've completely upheld our end of the bargain, and the tribe has not. I think that's important for Taunton to understand as they move forward."
Tribe leaders could not be reached for comment Wednesday night, but in March tribe attorney Howard Cooper sent a sharply worded letter to the Middleboro selectmen urging them to stop talking. "The tribe is becoming increasingly concerned with Middleboro's irresponsible, false and improper efforts to promote via the media a meritless claim that the town somehow possesses legal rights against the tribe concerning the tribe's pursuit of a destination resort and casino in Taunton," Cooper wrote.
You left something out
The Cromwellians were able to get one good story in the paper yesterday. It was about the tribal gaming commission. The second time Cedric submitted his little scheme…the Indian Gaming Commission accepted it . Cedric”s Gaming Commission consists of Markie the Harding, his faithful sidekick of late, himself and some poor patsy from the Council who will be outvoted by them should he or she ever disagree.
Cedric did his best to blow this thing up as though the federal government was sanctioning his rag tag slot dump. There was a critical part of the letter that was left out of the news story. Here’s what it said.
” It is also my understanding that the Tribe has not yet acquired Indian lands as defined by IGRA. It is therefor important to note that approval is granted only for gaming on Indian lands, as defined in IGRA, over which the tribe has jurisdiction.”
Translation….” Your little Commission doe not mean a damned thing without land in trust.”
Or ” Who are you kidding submitting this without land in trust?”
Or ” You really are as ridiculous as they say you are.”
Cedric is trying to divert attention away from the fact that the tribe is facing another lawsuit for ghetto business practices. The deed restrictions prevent him from moving forward. How could he make the same mistake twice….with so called professionals guiding him this time? Incompetence is obviously a prerequisite for hiring and being part of their team.
Aho bro.
You can't submit without the LIT !
” It is also my understanding that the Tribe has not yet acquired Indian lands as defined by IGRA. It is therefor important to note that approval is granted only for gaming on Indian lands, as defined in IGRA, over which the tribe has jurisdiction.”
Translation….” Your little Commission doe not mean a damned thing without land in trust.”
Or ” Who are you kidding submitting this without land in trust?”
Or ” You really are as ridiculous as they say you are.”
Cedric is trying to divert attention away from the fact that the tribe is facing another lawsuit for ghetto business practices. The deed restrictions prevent him from moving forward. How could he make the same mistake twice….with so called professionals guiding him this time? Incompetence is obviously a prerequisite for hiring and being part of their team.
Aho bro.
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