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Showing posts with label VictoryLand. Show all posts
Showing posts with label VictoryLand. Show all posts

Friday, June 12, 2015

Alabama: State derives no revenue from gambling despite presence of [Indian] casinos in Alabama


Just another perspective: 

INSIDE THE STATEHOUSE: State derives no revenue from gambling despite presence of casinos in Alabama




By Steve Flowers
As I was walking out of the Statehouse recently, someone asked me, “Do you think we will have gambling in Alabama?”
My response was simple: “We already have gambling, the state just does not derive any revenue from it.”
Indeed, gambling proliferates in our state just as it does in all of the other 49 states and the District of Columbia. People gamble online prolifically every day. There are no state line boundaries to internet gambling. All of the revenue from that activity goes out of state. Our people play the lottery, they just buy their tickets in Florida, Georgia and Tennessee. Our surrounding sister states fund their government and educate their children with our recreational dollars.
Steve Flowers
Steve Flowers
I hardly go anywhere in the state that I do not hear someone cackle that they are going to Biloxi to the shows at the casinos. Therefore, it did not surprise me when I read that 12 percent of the patrons at the Mississippi casinos were Alabamians. So our recreational gaming dollars are funding Mississippi state government. In fact, Mississippi derives 11 percent of their entire state revenue from gaming dollars.
Alabamians do not even have to go to Mississippi casinos; we have them here. They operate as Indian gambling casinos. These casinos are federally sanctioned. Therefore, the state gets no revenue from these facilities. Only the problems and costs associated with gambling addiction.
The so called Indian gambling establishments in Alabama and around the country were created under a cloud of corruption that ranks as one of the most corrupt scandals in American history. “Casino Jack” Abramoff and his partner Bob Scanlan came to Washington armed with $40 million. They essentially bought and bribed enough congressmen and senators to give these casinos a monopoly. After the legislation was passed, Abramoff and Scanlan pled guilty to federal charges of conspiracy, tax evasion and mail fraud. They went to jail with 21 other Washington insiders and congressmen. However, the Indian gambling deal is still federal law.
Bob Scanlan worked for Bob Riley when Riley was a congressman. Soon thereafter Riley ran for governor. He received a good amount of his campaign money from these same Indian gambling syndicates. The Indian gambling money that flowed into the Riley campaign is probably the reason he narrowly won the 2002 Governor’s Race.
As payback for them electing him, Riley spend the last two years of his term working to close down Macon County’s VictoryLand. The Indian gambling interests like a monopoly, which is what they have in Alabama.
Gambling dollars are big. The money spent politically is big. That is why it has become the centerpiece of conversation late in this legislative session. Legislators have come to the realization that the beleaguered General Fund is in dire straits. They believe that the good doctor, Gov. Robert Bentley, is right on that point. However, they have not and it appears they will not adopt his $540 million tax package.
The House of Representatives for the first time in four and a half years appears to have become disorganized. They have followed Speaker Mike Hubbard like a flock of sheep. They have been herded like goats. They may have come to the realization that they may be being led like pigs to slaughter.
The leader that has emerged in the first year of the quadrennium is Senate President Pro Tem Del Marsh (R-Anniston). He has offered to the senate a constitutional amendment to let the people of Alabama vote on a lottery. Polling shows that it would pass overwhelmingly in a referendum.
However, it has serious political opposition inside the Statehouse and Capitol getting to the people. Gov. Bentley is opposed inexplicably because it raises about the same amount of money for the General Fund as his tax plan. Speaker Hubbard will oppose it in the House if it gets out of the Senate. He is tied inextricably to the Poach Creek gambling money. Therefore, it looks like there are three different trains going down the tracks and folks, that is a recipe for a train wreck.
It looks like a Special Session is in the works. In a Special Session the legislature must focus on the budgets and how to provide the revenue needed for state government to function. A special session is limited to 12 meeting days in 30 calendar days and only items in the governor’s call for the session may be addressed without a two-thirds vote by both chambers. We will see.
See you next week.

Steve Flowers is Alabama’s leading political columnist. His weekly column on Alabama politics appears in over 60 Alabama newspapers. He may be reached at www.steveflowers.us.
http://www.trussvilletribune.com/2015/06/12/inside-the-statehouse-state-derives-no-revenue-from-gambling-despite-presence-of-casinos-in-alabama/



Friday, February 22, 2013

AG files lawsuit to shut down Indian casinos

Interesting!

AG files lawsuit to shut down Indian casinos

Written by Gannett News Service Feb 19, 2013
Alabama Attorney General Luther Strange filed a lawsuit in Elmore County trying to shut down what he argues are slot machines at the three casinos operated in the state by the Poarch Band of Creek Indians.
While Strange quickly points out that state authorities do not have jurisdiction on tribal land, he argues that the Poarch Creeks are not following state gambling laws and that the “continued operation of unlawful gambling devices by defendants is a public nuisance” that should be stopped by the court.

The Poarch Creeks, in a statement sent out Tuesday afternoon, said the lawsuit has no legal merit.

“As a federally recognized sovereign Indian nation, Poarch Creek’s land is governed by federal, not state law,” according to the Poarch Creek statement. “While we respect Mr. Strange’s attempts to fulfill his duties as state attorney general, he is not a federal official and therefore, has no jurisdiction or enforcement authority over tribal land or tribal gaming operations.”

The Poarch Creeks argued the machines are electronic bingo, which is Class II gambling, and are legal under federal law.

“While Mr. Strange may target VictoryLand and any other gaming facility in the state, this lawsuit against Poarch filed in circuit court is yet another example of Mr. Strange refusing to recognize the sovereignty of the Poarch Band of Creek Indians,” according to the statement from the tribe.

If there is Class II gambling in a state, American Indians are allowed to have the same class, which by federal regulations includes electronic bingo, on their lands. But Strange and others argue the machines are slot machines, which are not Class II.

The state filed the lawsuit against members of the Poarch Creek Tribal Council and against members of the tribal Gaming Authority. The Poarch Creeks operate casinos in Wetumpka, Montgomery and Atmore. They are in the midst of a $246 million expansion of the casino in Wetumpka, adding a 20-story hotel and casino that is scheduled to open in January 2014.

Strange’s office argues the Poarch Band is “operating, advancing, and profiting from unlawful gambling activity at the Creek Casino in Wetumpka, the Wind Creek Casino in Atmore, and the Creek Casino in Montgomery in violation of Article IV, Section 65 of the Alabama Constitution (1901) and Ala. Code § 13A-12-20 et seq.”

State authorities, led by Strange’s office, served a search warrant at VictoryLand on Tuesday and seized hundreds of machines and an undisclosed amount of cash.

Joe Espy, attorney for VictoryLand and casino owner Milton McGregor, said Tuesday that the “lawsuit against the Poarch Creek Indian casino filed today is a smokescreen and a waste of taxpayer money.”

“As he knows, the Alabama attorney general has no jurisdiction over Native American gaming,” Espy said following the law enforcement action at the Macon County casino. “In the short term, all this is going to do is send the customers of VictoryLand to the Poarch Creek Indian facility in Wetumpka.”

Strange said in his statement that he decided to file the lawsuit after other efforts to stop gambling activities by the Poarch Creeks failed and because state law enforcement could not seize machines on reservation land.

“Unlawful gambling is a statewide problem, and I have worked with local authorities to enforce Alabama law consistently and fairly throughout the state,” Strange said. “I have sent two letters to the National Indian Gaming Commission, asking them to stop the Poarch Band’s unlawful gambling, but the commission has refused to do anything about it. The commission’s inaction has left me with no choice but to file this lawsuit.”

Strange sent letters to the National Indian Gaming Commission on Feb. 11, 2011, and on April 25, 2012, asking the commission to take action to stop the use of what Strange and his office believe are slot machines, which are illegal in Alabama, at the Poarch Creek casinos. Others argue the machines are electronic bingo machines that are legal in the state.

“I have lobbied Congress to stop the expansion of Indian gambling to new areas, and I have filed a brief in the Alabama Supreme Court to oppose the Poarch Band’s efforts to use its land for gambling,” Strange said. “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.”

http://www.pnj.com/viewart/20130219/NEWS/130219006/AG-files-lawsuit-shut-down-Indian-casinos

Tuesday, December 11, 2012

Ex-Lobbyist Linked To Ala. Gambling Corruption Attacked In Prison



Lawyers: Ex-Lobbyist Linked To Ala. Gambling Corruption Attacked In Prison

 
File photo of a jail cell. (credit: SONNY TUMBELAKA/AFP/Getty Images)
File photo of a jail cell. (credit: SONNY TUMBELAKA/AFP/Getty Images)
BIRMINGHAM, Ala. (AP) — Lawyers for a former lobbyist convicted for his role in Alabama’s gambling corruption case say he’s been attacked while serving his sentence behind bars.

Attorneys for former Country Crossing casino lobbyist Jarrod Massey filed court documents requesting to see their client. WBRC-TV reports that the lawyers don’t know his medical condition.
The Dothan Eagle reports that Massey was attacked at the Maxwell Federal Prison Camp in Montgomery and has been moved to another facility.

His lawyers say in court papers that they’ve attempted to contact the Bureau of Prisons to assess their client’s medical condition, but those efforts have been unsuccessful.

Massey is serving a sentence of five years and five months in prison after a massive investigation into public corruption associated with gambling in Alabama.


http://atlanta.cbslocal.com/2012/12/07/lawyers-ex-lobbyist-linked-to-ala-gambling-corruption-attacked-in-prison/

Tuesday, November 6, 2012

How come Gambling = Corruption?







Ford files ethics complaint against attorney general


Victory Land Johnny Ford

Credit: Cliff Williams Opelika-Auburn News

Tuskegee Mayor Johnny Ford

Hours after being officially sworn to his eighth term as Tuskeagee’s mayor on Monday, Johnny Ford filed an ethics complaint with the U.S. Attorney’s Office against Alabama Attorney Gen. Luther Strange, alleging that Strange has received more than $100,000 in illegal campaign contributions from Porch Creek Indian casinos in Montgomery and Wetumpka.
 
“Now that he is attorney general, he has used his office to try and intimidate, discourage … Victoryland from reopening,” Ford said Tuesday, asking the U.S. Attorney George L. Beck to empanel a grand jury to investigate the matter.
 
Located in Shorter, only a few miles from Tuskegee, VictoryLand casino was closed in 2010 along with Dothan’s Country Crossing after the legality of electronic bingo machines at the facilities was challenged.
 
Ford said his latest complaint against Strange is actually the second he has filed since filing an initial complaint against him with the Alabama State Ethics Commission two weeks ago.
 
Contacted by the Opelika-Auburn News on Tuesday, Joy Patterson, a spokeswoman for Strange, said Strange had not seen Ford’s letter and had no comment.
 
Ford said the type of electronic bingo machines that VictoryLand uses are in compliance with the state’s laws.
 
“No court has voted that those machines are illegal,” Ford said. “The only person who has said they were was (former Gov.) Bob Riley and his task force. Ford said he also has proof of Strange sending letters to providers of such machines, threatening that if they made them available to VictoryLand and other non-Indian gaming facilities in the state, that they would be penalized. Riley, his son, Rob, Birmingham attorney Eric Johnston and state Sen. Bryan Taylor are also named in Ford’s complaint.
Ford, who said he plans to meet with Beck after he’s had a chance to review the letter, predicted VictoryLand will reopen by the end of the year.
 

Thursday, September 27, 2012

Lobbyist sentenced to probation in Vote Buying Scandal




Lobbyist Jennifer Pouncy gets 3 years probation in gambling corruption case

She was the last of 3 to be sentenced in bribery case


Sep. 27, 2012

Judge sentences casino lobbyist: A federal judge sentenced former casino lobbyist Jennifer Pouncy on Wednesday. Her attorney discusses the sentence and her role.

Written by Sebastian Kitchen

Jennifer Pouncy walks from the Federal Courthouse in Montgomery, Ala. on Wednesday September 26, 2012 with her attorney Tommy Spina after Pouncy was given probation for her part in the gambling corruption trial. (Montgomery Advertiser, Mickey Welsh)
Jennifer Pouncy walks from the Federal Courthouse in Montgomery, Ala. on Wednesday September 26, 2012 with her attorney Tommy Spina after Pouncy was given probation for her part in the gambling corruption trial. (Montgomery Advertiser, Mickey Welsh) / Mickey Welsh/Advertiser



A federal judge sentenced Jennifer Pouncy, the last of three people who pleaded guilty to bribing state lawmakers to pass gambling legislation, to a much lighter sentence than those who worked alongside her.

Chief Judge Keith Watkins sentenced the former casino lobbyist Wednesday to three years probation.

The Montgomery woman, who was the first target in the investigation to cooperate and to plead guilty, could have served as much as five years in prison after pleading guilty to one count of conspiracy. Prosecutors requested a sentence of two years in prison.

Pouncy, 36, admitted offering one state senator $2 million in exchange for his vote on pro-gambling legislation and to working with a casino developer to authorize $100,000 for another state senator in exchange for his vote.

Watkins said her actions undermined government and people’s confidence in government in this state, and he was not minimizing the seriousness of her crimes, but he said she has suffered humiliation, lost earnings, was the first to cooperate with federal investigators, and provided substantial assistance that helped lead to the guilty pleas of two other defendants, lobbyist Jarrod Massey and Country Crossing developer Ronnie Gilley.

Pouncy declined comment as she left the federal courthouse Wednesday.

Pouncy, who briefly addressed the judge in the courtroom, fought back tears as she said she was sorry for her crimes and knew they were wrong when she did them. She apologized to her husband, who was in the courtroom, and her 3-year-old son for putting them through the situation.

“I wish I was stronger,” said Pouncy, who said she wishes she had initially just told people no.

Pouncy’s defense attorney, Tommy Spina, said Pouncy was not a ring leader in the conspiracy and acted on the orders of others.

“She was just a puppet and an attractive young lady they used,” he said to the judge.

Spina said she was the mother of a young son in a double-earner family where she was the “bread winner” and was trying to keep a $60,000-a-year job. She currently works for an agency that deals with veterinary products, he added.

(Page 2 of 4)

The attorney also said that other than those 30 days in 2010 she had lived an exemplary life.

Spina said they were relieved she received probation, said that chapter of her life was over, and said “she’ll just go back to work being a mother and the hard-working person that she always was before this and has been since this.”

Pouncy has not been asked for assistance in any other investigations, Spina said.

Attorneys said during sentencing for Massey and Gilley that they had cooperated with a state investigation.

Watkins said there was no benefit to society in sending Pouncy to prison. Spina agreed.

“I don’t find she had any involvement in planning” the corrupt activities, Watkins said and added that she had a minor role in the activities. Pouncy said on the witness stand during one of the trials that she did not have the authority to approve campaign contributions.

Federal prosecutor Emily Rae Woods of the U.S. Department of Justice’s Public Integrity Section said it is clear Pouncy regrets her crimes, but the punishment must reflect the seriousness of her crimes. She said Pouncy’s actions undermined the system of government in Alabama and said she offered bribes of more than $1 million.

The judge also ordered Pouncy to pay a $4,000 fine, but did not order her to pay restitution, saying no one suffered a financial loss because of her crimes.

He also ordered her to perform 100 hours of community service.

Pouncy pleaded guilty in September 2010, days before federal agents arrested 11 other people including VictoryLand owner Milton McGregor, Gilley, Massey, other lobbyists, and four state senators for their alleged role in a conspiracy in which, according to federal authorities, casino interests offered millions in bribes to lawmakers in exchange for their votes on pro-gambling legislation.

Other than those who pleaded guilty, none of the other defendants were found guilty in the two federal corruption trials related to gambling in the state.

Massey, who was Pouncy’s boss and the chief lobbyist for Country Crossing, and Gilley were among those arrested in October 2010 and they later pleaded guilty. Pouncy testified that, as a young mother, she acted on their orders out of fear she could lose her job.

(Page 3 of 4)

Spina said that there was “not one act Jennifer committed that she initiated.”

Prosecutors credited Pouncy with being responsible for Massey pleading guilty and partially responsible for Gilley pleading guilty.

Another federal judge sentenced Massey to five years and five months in prison and Gilley to more than six and a half years in prison. Massey is serving his sentence and Gilley is scheduled to begin his early next month after his term was delayed so he could undergo surgery and recovery.

Pouncy testified that she offered then-state Sen. Jim Preuitt, R-Talladega, $2 million in exchange for his vote on the gambling legislation being considered by the Senate in the 2010 legislative session. Preuitt was a defendant in the case, but was found not guilty of all of the charges.

She also said that then-state Sen. Larry Means, D-Attalla, told her at that time that he was going through a tough re-election fight and needed $100,000.

Pouncy testified that she went to Massey, who called Gilley and told the developer they were getting a “shakedown” from Means. Gilley approved contributing the money to Means, although there was never any transfer of money to either senator. Means, also a defendant, was found not guilty of the charges against him.

Prosecutors portrayed the gambling interests as desperate as they tried to pass the gambling legislation in 2009 and 2010 to try to protect their financial future and keep their casinos open.

“She stood to gain nothing financially,” Spina said.

Pouncy, whose first job in lobbying was working for McGregor lobbyist Milo Dakin, said on the witness stand that in her 12 or 13 years of lobbying she had never talked before about votes in exchange for contributions.

Defense attorneys attacked what they said were credibility issues with Pouncy and inconsistencies in her testimony.

Pouncy testified at both of the federal corruption trials, where she was emotional at times as she underwent heavy questioning from defense attorneys during a total of seven days on the witness stand.

(Page 4 of 4)

She also had to answer questions concerning demeaning conversations about her and about Massey telling her to tell Preuitt she could lose her job if the bill did not pass. She said she never told him.

Spina said Pouncy had to endure personal attacks on her morality based on what men said behind her back while she was working. Federal agents secretly recorded phone lines used by Gilley, Massey and McGregor. The conversations about her that were played in court were between Gilley and Massey.

Massey and Pouncy testified that he placed her on administrative leave and then fired her in 2010.

Massey said she was often sick, was emotional and that he was concerned about her cooperating with authorities because of her behavior.

Woods said the trial experience was a “particularly taxing one for the government witnesses,” noting the number of defendants and countless defense attorneys. She also said, because of the media attention on the case, that the witnesses were under an unusual level of exposure.

An FBI agent and an agent with the Alabama Bureau of Investigation approached Pouncy on her way to work the day after the Senate approved the gambling legislation in 2010. She immediately went with them to an office where they began questioning her. Pouncy began cooperating in April 2010.

“She has done everything that has been asked of her,” Woods said, adding that Pouncy’s testimony was truthful, that she was respectful on the witness stand, and that she appeared remorseful and humbled by the situation.

Spina said the cooperation was timely and was provided as the investigation continued and as the grand jury was meeting to consider charges.

Click on link to view video:
http://www.montgomeryadvertiser.com/article/20120927/NEWS02/309260053/Lobbyist-Jennifer-Pouncy-gets-3-years-probation-gambling-corruption-case?odyssey=tab%7Ctopnews%7Ctext%7CFrontpage

Tuesday, September 25, 2012

Alabama Vote Buying Lobbyist Seeks Probation




Alabama gambling lobbyist seeks probation
PHILLIP RAWLS, Associated Press
Monday, September 24, 2012

MONTGOMERY, Ala. (AP) — The first person to plead guilty in Alabama's gambling corruption investigation is seeking probation, but federal prosecutors are recommending two years in prison.

Former Country Crossing casino lobbyist Jennifer Pouncy is scheduled for sentencing Wednesday in Montgomery by U.S. District Judge Keith Watkins. She pleaded guilty to conspiracy in September 2010 and faces up to five years in prison. She admitted offering $2 million to one senator and $100,000 to another to support pro-gambling legislation designed to keep the Dothan casino operating.

Her attorney, Tommy Spina, recently filed court papers saying she deserves probation because of her early cooperation with investigators and her testimony at two trials. He said the U.S. Justice Department initially offered her probation for her cooperation, but then took that off the table when the department's Public Integrity Section got a new leader.

He also said nothing would be served by taking the 36-year-old woman away from her husband and young son.

Federal prosecutors filed court papers Monday saying Pouncy deserves a lighter-than-normal sentence because she helped get the guilty pleas of her lobbyist boss, Jarrod Massey, and Country Crossing developer Ronnie Gilley. But they said she deserves two years behind bars because she was motivated by greed to keep her job and retain her biggest lobbying client.

"A sentence of imprisonment will properly promote respect for the law, serving as a reminder of the seriousness with which our system of government treats threats to its integrity," Assistant Attorney General Lanny Breuer said.

Massey is serving a sentence of five years and five months in prison. Gilley begins a sentence of six years and eight months on Oct. 9.

Former Democratic Rep. Terry Spicer of Elba pleaded guilty to taking bribes from Massey and Gilley, but he was not connected to Pouncy. He is serving four years and nine months in prison.

The senators that Pouncy said she tried to bribe were acquitted at trial.


Read more: http://www.sfgate.com/news/article/Alabama-gambling-lobbyist-seeks-probation-3889311.php#ixzz27VWJzfEC

Wednesday, September 5, 2012

Alabama AG got $100,000 from Tribal Casino







AG Strange got $100,000 from Poarch Creek casinos

 September 5, 2012
 
By BOB MARTIN

Alabama Attorney General Luther Strange says that the recent seizure of gambling devices from a Houston County casino should serve as a warning to others who are engaged in illegal gambling.

Strange conducted a recent raid on the facility and confiscated about 500 electronic bingo machines from Center Stage, formerly called Country Crossing, near Dothan. Strange also said anyone operating a gambling hall should be put on notice.

He has also threatened raids on VictoryLand in Macon County if it is reopened, yet has continued to permit gambling elsewhere without threats, including Greenetrack in Greene County which advertises it has “over 300 of your favorite gaming machines – The Lucky Duck , Bucks and Bucks, Wild Billy, Hotter than Hell, Robbin Some Cash, Four Leaf Cash, Big Dawgz, Crimson 7’s, Inferno 7’s and many more, to operate wide open.

Both Macon and Greene counties have solid constitutional amendments which in the opinion of most legal experts permit all types of bingo games, including those played on electronic machines. Another bingo casino has been operating in Lowndes County for several months under a constitutional amendment that some consider questionable with regard to electronic games.

Some have suggested that Strange, in going after the non-Indian gambling houses in Alabama, is attempting to give the Poarch Creek Indian gambling operation the ability to further monopolize gaming in Alabama. Indeed, the Poarch Creek tribe laundered $100,000 to the Strange Campaign for Attorney General in 2010.

The money trail for the $100,000 amount went from the Poarch Leadership Committee to the Republican Leadership Committee on July 15, 2010; from the Republican Leadership Committee to the Alabama Republican Party on July 22, 2010, then from the Alabama Republican Party to the Luther Strange Campaign on August 4, 2010.

Sources tell me that in order to seize control of the gambling issue in Alabama from Gov. Bentley, Strange has covered up his connections with the Poarch Creeks, even to the extent of pretending to question their use of electronic bingo at tribal casinos in Atmore, Montgomery and Wetumpka. His “pretend” question, challenging the use of those “slot-machine look-alikes” was shot down by the

Indian Gaming Regulatory Commission with these words: “If a state permits paper bingo, a tribe within that state may have electronic bingo.” Following this logic, if the Poarch tribe can have those rights, certainly the rest of us would be so entitled.

So Strange, with a “wink and a nod” to our governor seized the issue of gambling from the governor’s control, expects such to be a continuing cash cow for political contributions, and will likely expect several more hundreds of thousand dollars from the Poarch casinos. Then he’ll try to shake down the rest of us instead of allowing those who want to gamble to help the tax burden of everybody else.

It would be interesting to see what would happen if Mr. Strange went after the real illegal gambling in our state…sports betting, which even puts slot machines in the shade. Or, perhaps he could join with the governor and force the Poarch Creeks, since they pay no taxes, into a compact like Florida’s which requires 25 percent of Indian Casino profits be paid to the state.

Bob Martin is editor and publisher of The Montgomery Independent.

Friday, July 27, 2012

When is a BRIBE a BRIBE?




Ala. gambling trial judge wants bribery clarity

 Thursday, July 26, 2012

MONTGOMERY, Ala. (AP) — The judge who presided over Alabama's two gambling corruption trials said the U.S. Supreme Court needs to clear up when a campaign contribution constitutes a bribe.

U.S. District Judge Myron Thompson issued an opinion saying that even though the trials ended with total acquittals for the eight defendants, he wanted to "highlight a murky field of federal law."

He wrote that there is "considerable confusion" about how federal corruption laws apply to campaign contributions, and a precise definition of bribery would help.

The U.S. Justice Department, which prosecuted the gambling cases, had no immediate comment. Some defense attorneys contacted for comment said they had not had time to study the judge's 33-page opinion.

The two trials before Thompson involved legislators and casino lobbyists accused of promising millions in campaign contributions in return for votes on pro-gambling legislation.

In Thompson's opinion Tuesday, he wrote that it's normal for politicians to seek campaign contributions and for donors to contribute to politicians to share their views. But he said the offer or acceptance of a contribution crosses the line if the money is conditioned on the politician performing a specific official action.

In one case, he said the U.S. Supreme Court said the contribution must be "made in return for an explicit promise or undertaking" to be considered a bribe. But he noted that the court did not explain what those terms include.

He said the 11th U.S. Circuit Court of Appeals tried to clarify the issue in former Gov. Don Siegelman's bribery case involving contributions to his lottery campaign. The court said "explicit" does not mean that the promise has to be in writing or that it must be overheard by a third party.

Thompson said he tried to provide more clarity in his instructions to the juries in the two trials in Montgomery, but the Supreme Court needs to do more to remove uncertainty about when a campaign contribution becomes a bribe.

"Uncertainty in this area of law breeds corruption and chills legitimate political speech," he wrote.





Friday, May 25, 2012

Alabama: McGregor get caught





Milton McGregor who escaped conviction because Alabama voters apparently believe bribery, generous campaign contributions and vote-buying didnt fare as well with this jury.

This jury instead emptied his wallet with a $64 million reward for his chicanery.








Jury awards $64 million in bingo lawsuit
Written by Cody Muzio Special to the Advertiser
May. 25, 2012


Milton McGregor talks while at the law office of Melton Espy & Williams in downtown Montgomery, Ala., on March 8, 2012. A federal jury awarded plaintiffs $64.1 million in compensatory and punitive damages in a suit that contended VictoryLand owner Milton McGregor conspired with Macon County Sheriff David Warren to prevent potential competitor Lucky Palace casino from acquiring a license to operate charity bingo in Macon County.
Milton McGregor talks while at the law office of Melton Espy & Williams in downtown Montgomery, Ala., on March 8, 2012. A federal jury awarded plaintiffs $64.1 million in compensatory and punitive damages in a suit that contended VictoryLand owner Milton McGregor conspired with Macon County Sheriff David Warren to prevent potential competitor Lucky Palace casino from acquiring a license to operate charity bingo in Macon County. / LLOYD GALLMAN/ADVERTISER FILE

Attorneys for McGregor, who found himself back in court after walking away unscathed from gambling corruption charges in February, said they will appeal the verdict that the jury came back with after almost nine hours of deliberation and after an almost three-week civil trial.

Under the verdict, Lucky Palace would receive $42.21 in compensatory damages, 15 charities would divide $126,000 in compensatory damages and all 16 plaintiffs would divide $20 million in punitive damages.

From 2004, when Lucky Palace was conceived, through 2006, Lucky Palace obtained contracts with 22 associated charities, made preliminary agreements for funding and management and began discussions with Warren to build and operate a new electronic bingo facility across the street from VictoryLand.

But Lucky Palace failed to receive a license.

After being denied a bingo license because of the lack of an existing building, Lucky Palace began to propose amendments to the Macon County bingo rules and funded the sheriff’s opponent in the 2006 elections.

After those efforts failed, Lucky Palace and 15 of their contracted charities sued VictoryLand, McGregor and Warren, claiming violation of their constitutional rights under the Equal Protection Clause of the 14th Amendment.

The plaintiffs said that VictoryLand conspired with Warren to keep them out of Macon County, an “intentional interference with contractual and business relations,” that VictoryLand and McGregor had a “pervasive presence” in the lawmaking process and that they exploited a conflict of interest in the lawyers who helped draft the rules and regulations for bingo in the county.

The suit also alleged that Warren discriminated against the plaintiffs by applying his rules to Lucky Palace’s charities irrationally, arbitrarily and differently than he did to VictoryLand’s similarly situated charities.

(Page 2 of 3)

The rules were originally drafted by John Bolton and David Johnston, two VictoryLand attorneys, and Fred Gray Jr., an attorney for Warren and son of VictoryLand lawyer Fred Gray Sr.

These rules state that in order for charities to receive class B bingo licenses for Macon County, a company or individual must contract at least 15 Alabama charities to receive funding from the bingo operations, with a cap of 60 such contracted charities allowed to operate bingo in the county.

Additionally, the land and facility must be worth at least $15 million and must be inspected and approved as a “qualified location” by the sheriff’s rules.

Although Warren testified that the addition was intended to demonstrate a commitment on the part of the company before the license was to be issued, the rules do not specify whether the facility must be inspected before or after the issuance of licensing, a recurring subject of debate during the trial.

Representatives of Lucky Palace, including Paul Bracy Jr., the company’s founder, and Jess Ravich, one of the investors who expressed interest in the business, testified that they needed the licensing, or at least pre-approval for licensing, in order to receive the funding necessary to begin construction.

The defense maintained that the Macon County rules and regulations for electronic bingo were agreed upon and signed by the sheriff and thus his to interpret and enforce as he saw fit.

According to testimony, Warren interpreted the rules to require that a building and qualified location be present before a bingo license was to be given.

The defense also argued that even if Lucky Palace had built a facility, they would not have been eligible for a license.

Because VictoryLand had contractual agreements with 53 charities by the time Lucky Palace had originally hoped to be open in 2006 and the regulations required a minimum of 15 charities per operator and a 60-charity maximum for the county, there was no more room for another casino under existing rules, another impetus for Lucky Palace’s several proposed rule changes.

(Page 3 of 3)

Defense attorneys argued that VictoryLand’s agreements with its 53 charities were not only acceptable under Macon County rules, but also constitutionally protected competitive privilege.

Simply put, McGregor and VictoryLand’s lawyers said nothing done was illegal, just shrewd business.

The jury thought differently, voting that McGregor and VictoryLand intentionally interfered with contractual and business relations, that Warren, McGregor and VictoryLand conspired and that Warren violated the Equal Protection rights of the plaintiff charities.

James Anderson, Warren’s attorney, said that U.S. District Judge Keith Watkins reserved ruling on the charges against the sheriff.

Because the jury’s verdict found Warren had unintentionally misinterpreted the Macon County rules, Watkins will take the jury’s verdict in an advisory capacity and will rule on the charges himself.

Bracy called the result a win for the charities.

“It’s quite a victory,” he said.

“I had a lot of people depending on me, the charities, the investors and the people of Macon County, and all I prayed for them was justice. And it prevailed.”

But VictoryLand attorney Peter Tepley said there were still several issues pending in the case that could result in the judge throwing out many of the charges involved.

Tepley also said that an appellate process is already under way, calling questions of an appeal “the understatement of the year.”

Lucky Palace attorney Stephen Heniger said his team was ready.

“Bring it on,” Heniger said.




http://www.montgomeryadvertiser.com/article/20120525/NEWS02/305250026/Jury-awards-64-million-bingo-lawsuit?odyssey=mod%7Cnewswell%7Ctext%7CFrontpage%7Cs

Saturday, March 31, 2012

Alabama: Litigation motive apparent

Vanzetta McPherson: Litigation motive apparent

Now that two federal juries have acquitted the defendants in the infamous legislative corruption trials, it’s time to play “Litigation Motivation,” the classic multiple-choice game that focuses on political trials and entertains millions. In this game, the LM is never as obvious as it seems. In fact, it sometimes emerges accidentally, or, as in the recent corruption trial, fortuitously.

This study guide should assist the anxious student determined to excel in the game.

Let’s get started.

The defendants — former and current Alabama legislators, lobbyists, and casino owners — were charged with bribery by giving or accepting money in exchange for legislative votes on Senate Bill 380, passage of which would have authorized a constitutional referendum on whether to legalize electronic bingo at Alabama casinos. The object of LM in this instance is to determine the chief motivating factors for the charges. There are four options, all of which may apply in varying degrees. But one possible option is critical, and without it, the litigation might never have occurred.

The question is: Why did Republican Alabama legislators trigger an FBI investigation by alleging that they had been offered bribes for their votes on SB380?

The first option is “because they abhorred gambling.” Comme ci, comme ca. In a state where reverence for football is on parity in many quarters with reverence for God (i.e., the ninth poorest state with the nation’s highest paid college football coach), gambling on games is its own sport. Moreover, the tax base in neighboring Mississippi, with its casinos, and the public schools in neighboring Georgia, with their cushioning lottery, have benefited exponentially from Alabamians eager to game their way to wealth. Finally, the head of former Governor Bob Riley’s Illegal Gambling Task Force embarrassingly resigned in 2010 after winning $2,300 at a Choctaw Indian casino in Mississippi.

The second option is “because they rejected money from gambling enterprises.” Nyet! A Riley campaign aide reported that Mississippi’s Choctaw Indians contributed millions to Riley in 2002 to assure his rejection of gambling in Alabama, thus protecting their enterprise from competition. In 2010, the Poarch Band of Creek Indians, which operates at least three casinos in Alabama, gave more than $500,000 to the Republican State Leadership Committee, which in turn funneled more than $1 million to Alabama Republicans. And today, Creek Indians admirably share millions of their gambling profits with local school boards and cultural institutions in Alabama. That money is actively sought by Republicans and Democrats; no one rejects it because of its source.

(Page 2 of 2)


The third option is “because they rejected campaign contributions designed to secure support for legislation.” Nada. Contributions to public officials from special interests who later request favorable consideration of legislation which advances those interests is . . . well, politics. Just ask Alfa, the Alabama Business Council, Alabama Power, AEA, or the trial lawyers. Individual contributors fare just as well, with cabinet and judicial appointments.

The fourth option is “because they wanted to ensure Republican dominance and suppress African American voting influence.” Absolutely! In conversations recorded by the FBI during its pretrial investigation of corruption, Republican Senators Scott Beason, Benjamin Lewis and others agreed that SB380 should be defeated because a referendum on the ballot would drive black voters to the polls, which would not be good for Republicans. Referring to blacks in Greene County (site of a casino) as “aborigines,” Beason and others commented that “HUD-financed buses” would take black voters to the polls in the November 2010 election if the ballot included a referendum to legalize electronic bingo.

Another, equally damning, factor in the motivation of lawmakers who encouraged the investigation is the money trail. As the court noted in an order condemning Beason, Lewis and others for “ulterior motives rooted in naked political ambition and pure racial bias,” blacks tend to vote Democratic, and gambling enterprises tended to support Democrats.

As a contemporary Rube Goldberg machine, the Republicans’ serial plan was to facilitate indictments of casino owners and supporting legislators, to destroy their business interests, to eliminate their income and profits, to thwart contributions to Democratic officials, to assure a Republican takeover of the Legislature.

Click option four.

Game over.


Vanzetta Penn McPherson is a retired federal magistrate judge.

Saturday, March 17, 2012

Alabama Judge Delays Sentencing

Judges delay sentencing of 4 who pleaded guilty in gambling corruption case
The Associated Press
MONTGOMERY — Judges have delayed the sentencing dates for the four people who pleaded guilty in Alabama's gambling corruption investigation and agreed to help prosecutors.

Casino developer Ronnie Gilley, his lobbyists, Jarrod Massey and Jennifer Pouncy, and former state Rep. Terry Spicer were scheduled for sentencing in April and May. But federal prosecutors said their cooperation was needed beyond those dates and they sought a delay.

U.S. District Judge Myon Thompson issued an order Friday setting the sentencing of Gilley, Massey and Spicer for July 16. U.S. District Judge Keith Watkins scheduled Pouncy's sentencing for Aug. 29.

A federal court jury in Montgomery acquitted six defendants in the case March 7, including casino owner Milton McGregor and three present and former state senators. There are currently no defendants awaiting trial.

Wednesday, March 7, 2012

Alabama: Jury Deliberates in Vote Buying Trial

Jury deliberations continue in gambling corruption trial
Written by Sebastian Kitchen

The jury in the high-profile political corruption trial of ca­sino owner Milton McGregor and five others, including three current or former state sena­tors, will return to the federal courthouse today for a seventh day of deliberations.

There was little action in the courtroom on Tuesday as the jury deliberated for about six and a half hours. U.S. District Judge Myron Thompson met privately with prosecutors, the defendants and their attorneys after the jury finished its delib­erations at about 3:30 p.m. Some of them had left the courthouse and were sum­moned back for the meeting. They met for less than 30 min­utes.

McGregor left the court­house with his team of attor­neys around 5:20 p.m., about an hour and a half after the meet­ing with Thompson.

McGregor is accused of leading an alleged conspiracy in which he and fellow casino owners and those who worked for them bribed state lawmak­ers with cash and campaign contributions in exchange for their votes on gambling legisla­tion.

"I think we're headed for a verdict," said Joe Espy, lead at­torney for McGregor, when they emerged from the court­house.

He said they believe "that's an innocent verdict" for McGregor, who owns Victory­Land 20 miles east of Mont­gomery.

In the last corruption trial for McGregor and the other de­fendants, the jury deliberated for seven days. It found the then nine defendants not guilty of most of the charges against them, did not find them guilty of any of the more than 120 counts against them, and total­ly exonerated two of the defen­dants. But those jurors were unable to reach a unanimous decision on 33 counts so prose­cutors moved forward with a second trial on them.

Susan James, an attorney for defendant and former Country Crossing casino spokesman Jay Walker, said that this jury has had so many breaks that Tues­day was really just the second full day of deliberation. So she said she did not view it as the jury having deliberated for as long as the one at the first trial, when there were more defen­dants and more counts.

(Page 2 of 2)

She said someone could view the jury leaving at 3:30 p.m. Tuesday, when the members have been leaving at 4 p.m. on other weekdays, as an indica­tion that they are "closer and want to sleep on it" and come back fresh in the morning to discuss it.

"We're very optimistic," James said leaving the court­house.

Espy said the jury leaving earlier could indicate the jury is close to a verdict or might not indicate anything.

This trial began Feb. 6.

The team of prosecutors with the U.S. Department of Justice presented its case until Feb. 24, when it rested after calling nine witnesses. Defense attorneys did not call a single witness.

After hearing closing argu­ments from both sides and in­structions from the judge, the jury actually began its deliber­ations Thursday.

The other defendants are state Sen. Harri Anne Smith of Slocomb; former state Sens.
Larry Means of Attalla and Jim Preuitt of Talladega; and McGregor lobbyist Tom Coker.

They are accused of working together in 2010 to try to en­sure that the Legislature passed a gambling bill, which if also approved by voters, would have allowed McGregor and Country Crossing developer Ronnie Gilley, who has already pleaded guilty, to keep their ca­sinos open.

Smith, an independent state senator who represents coun­ties in southeast Alabama, made time on Tuesday while the jury was deliberating to go to the State House, where her fellow state lawmakers were in session.

James said the jury, at this point, has likely gone through every defendant and every count. She said there seems to be more camaraderie with this jury than the first. James said she has not heard people talk about hearing yelling from the jury room and that when peo­ple see the jurors they do not appear to have the upset looks that were sometimes visible on the faces of jurors in the first trial.

"I think they're trying to reach some closure in this case," she said.
James reminded reporters that the judge gave the jury 47 pages of instructions.


Sixth day of deliberations conclude in gambling corruption retrial
By: Lance Griffin Dothan Eagle

5:11 p.m. -- The sixth day of deliberations in the gambling corruption retrial was perhaps the quietest as jurors appeared to deliberate without interruption until 3:30 p.m.
1:31 pm – Jurors spent the first half of Tuesday in what appeared to be uninterrupted deliberations in the gambling corruption trial. Deliberations were halted several times since the jury got the case last week with notes to the judge.


Gambling Corruption Retrial: Jury begins 6th day of deliberations

Reported by: Scott Packard
MONTGOMERY, Ala. (WIAT) - Jurors in the gambling corruption retrial started a sixth day of deliberations Tuesday morning in Montgomery.


Saturday, March 3, 2012

Alabama: Jury deliberates over weekend

Sebastian Kitchen did a stellar job reporting on the VOTE BUYING CORRUPTION trial for the Montgomery Advertiser [Gannett] and seems to have been mostly replaced by the consistently poor quality, superficial reporting of the AP, included below.

So much for decent reporting!


Second day of deliberations begin in gambling corruption retrial
CBS42
(WIAT) - The second day of deliberations started Friday morning in the gambling corruption retrial in Montgomery. The jury received the case Wednesday but were unable to begin deliberations because of a juror doctor appointment.


Jury in Ala. gambling case to resume Saturday
Herald Times Reporter
(WTW) — The jury in Alabama's gambling corruption trial did not reach a verdict Friday in its second day of deliberations and will work through the weekend to try to resolve charges accusing six people of buying and selling votes for pro-gambling ...


Corruption jury deliberations moving into third day
CBS42
(WIAT) - Despite two days of deliberations, there are still not verdicts in the gambling corruption retrial. Jurors sent a note to the judge Friday morning. Attorneys, prosecutors and the judge discussed it behind closed doors.


Judge tells Ala. gambling trail jury to keep at it
Gadsden Times
By PHILLIP RAWLS AP

The jury in Alabama's gambling corruption trial tried to reach a verdict for the second day Friday on charges accusing six people of buying and selling votes on pro-gambling legislation. The jury sent a note about its deliberations ...

Corruption trial jury to deliberate Saturday
Dothan Eagle
MONTGOMERY -- Jurors in the gambling corruption retrial deliberated most of Friday after sending another note to the judge that sent a buzz through the courthouse. Attorneys went behind closed doors Friday morning with US District Judge Myron Thompson ...

Gambling trial jury plans weekend deliberations
WALA-TV FOX10
(AP) - The jury in Alabama's gambling corruption trial has sent the judge another note. US District Judge Myron Thompson did not read the note in open court Friday morning. Instead, he discussed it in private with attorneys and then sent the jury word ...

Weekend deliberations in Alabama gambling trial
GoErie.com
By PHILLIP RAWLS AP

The jury in Alabama's corruption trial is deliberating into the weekend to try to reach a verdict on charges accusing six people of buying and selling votes on pro-gambling legislation. The jury wrapped up its second day of ...


Dismissal forces gambling corruption jury to start over
Dothan Eagle
Jurors were forced to hit the reset button on deliberations Thursday morning in the gambling corruption retrial after the presiding judge dismissed a juror. US District Judge Myron Thompson told jurors to start over Thursday after one of the alternates ...

Gambling Corruption Retrial deliberations could last through weekend
CBS42(WIAT) - Deliberations in the gambling corruption retrial could last through the weekend. Thursday jurors in the case set a schedule to deliberate a few hours on both Saturday and Sunday. Earlier in the day a juror was dismissed for what was later ...

Gambling Corruption Trial Deliberations Continue
WKRG-TV
The jury in Alabama's gambling corruption trial has returned for a third day of deliberations. MONTGOMERY, Ala. (AP) - The jury deliberating in Alabama's gambling corruption trial has indicated it's having trouble agreeing on testimony and may take ...

Jurors in gambling trial return today
Montgomery Advertiser
AMANDA SOWARDS/ADVERTISER The Associated Press
The jury deliberating in Alabama's gambling corruption trial had to start deliberations over with a new juror Thursday, and indicated it may take a few days to reach a verdict. Before recessing about 4 ...

Jury in Alabama gambling trial to meet for 2nd day
Wisconsin Rapids Tribune(WTW) — The jury in Alabama's gambling corruption trial is scheduled for a second day of deliberations in Montgomery. The sequestered jury is due at the federal courthouse at 8 am Friday. The jury had to start anew on deliberations Thursday because ...

Saturday, February 18, 2012

Alabama: Prosecutor plays 'aborigine' tape

Gambling corruption trial: Prosecutor plays 'aborigine' tape
Written by Sebastian Kitchen

Controversial state Sen. Scott Beason, in a recording played in a federal corruption case Friday, referred to supporters of a casino in a predominantly black county as "aborigines" and talked about voting for a black woman as House speaker because her appointment would make it difficult for Democrats to raise money.

Also on Friday in the high-profile political case, former Country Crossing developer Ronnie Gilley described being tens of millions in debt, bringing down alleged coconspirators, and bribing his lobbyist not to cooperate with federal authorities.

Prosecutors, just days after objecting to having secretly recorded conversations of GOP lawmakers discussing race and gambling issues played in court, played what one prosecutor had referred to as "explosive, explosive" tapes.

In one conversation with then-state Rep. Ben Lewis, a Dothan Republican who is now a judge, Lewis refers to those in Greene County as "y'all's Indians."

"They're aborigines, but they're not Indians," said Beason, a Gardendale Republican who is running for Congress.

In the first corruption trial of VictoryLand owner Milton McGregor and others charged with conspiracy and other crimes, the defense challenged Beason's credibility using those comments and others he made in discussions with fellow Republicans.

The prosecutor also played a conversation in which Beason said he tried to talk fellow Republicans, when he was in the House of Representatives, into voting for black Democratic Rep. Yvonne Kennedy of Mobile as House speaker. Beason explained it as a strategy that would have made it difficult, if Kennedy was elected speaker, for Democrats to organize and raise money.

"Strategically, that is what we should have done," Beason said. "They wouldn't do it."


Beason recorded the conversations with a recording device he used as he cooperated with the FBI in the corruption investigation.

Lead federal prosecutor Kendall Day played the recordings with Gilley on the witness stand. Gilley, McGregor and Gilley lobbyist Jarrod Massey met with Beason in 2010, in a meeting the senator recorded, to discuss his support of the gambling legislation.

(Page 2 of 3)

Gilley, who has already pleaded guilty in the case, said they were willing to offer Beason $500,000 in exchange for his vote.

Gilley referred to Beason as a "6-foot 4, 250-pound gutless wonder," and said he never liked him, but would have probably still offered Beason the bribe in exchange for his vote if he was the key vote in favor of the gambling legislation in 2010.

"Unfortunately, our greed would have led us to purchase his vote," Gilley said.

Gilley and McGregor were pushing legislation in 2010 to try to ensure their casinos could stay open as state authorities cracked down on electronic gambling. McGregor and five other defendants in this case are accused of bribing lawmakers with cash and campaign contributions in exchange for their vote on gambling legislation.

Bringing McGregor down

Gilley, when asked by McGregor attorney Walter McGowan, told his wife he had to bring "Milton McGregor down" to get a reduced sentence. Gilley made the comment to her while in the Montgomery city jail, where his conversations were recorded.

Gilley also told his wife that the government told him what to say when he addressed the court after changing his plea to guilty in April 2011. He told her that he met with the government for an hour and a half and they gave him a script of what to say.

McGowan accused Gilley of saying what he needed, even if he did not agree with it, to please the government.

Upside down

Gilley said he was "upside down" about $115 million or $116 million.

"I'm broke," he said.

Gilley and his companies, as far back as 2008, had millions in debts and received millions in loans, including

$33 million from a group of athletes;
$4 million from boxer Floyd Mayweather;
more than $13 million from McGregor;
$21 million from a Georgia optometrist and his son;
$21 million from Lord Abbett and Co.;
and $17.6 million from gambling machines manufacturers IGT and Multimedia.
Gilley also owed $19 million for land he purchased from an attorney.

Gilley said he loaned the project about $15 million of his money and put about $46 million from his other companies into the project.

(Page 3 of 3)

Gilley said he, his companies and the Country Crossing project are about $185 million in debt.

Interested party

Gilley said, after the FBI approached Massey following a vote in the Senate on the gambling legislation, that Massey drove to his Enterprise office, where he said he offered him 1 percent interest in Country Crossing to keep him from cooperating with the investigation.

Gilley also admitted to later bribing Massey at the federal courthouse.

Other bribes

Gilley, when being questioned by McGowan, admitted he bribed former state Rep. Terry Spicer, D-Elba, and Sen. Bobby Singleton, D-Greensboro. He said he gave Spicer a cellphone box with $20,000 in it.

"He never complained," Gilley said of Spicer receiving $20,000 in cash after requesting $50,000. He said Massey had told him Spicer wanted cash -- not a campaign contribution.

Spicer pleaded guilty for corruption unrelated to the heart of this trial, but the trial did reveal years of bribes from Gilley and Massey to Spicer. Massey said he gave, and Spicer admitted taking, monthly payments, a ski trip, tickets to entertainment events, and help paying for a boat.

"I had no earthly idea that Jarrod Massey was doing any of that at the time," Gilley said of the longtime bribes to Spicer.

McGowan pointed that out after Gilley said repeatedly on the witness stand that he kept McGregor abreast of all of his bribes.

Gilley has testified to having money wired to a lobbyist in 2008 with it intended to get to Singleton in hopes that he would kill legislation by Sen. Harri Anne Smith that Gilley said would kill his project. Smith, an independent senator from Slocomb, is a defendant in the case.

Singleton has denied any wrongdoing.

Alabama: ....angry Milton McGregor....

On tape, angry Milton McGregor lashes out at Bob Riley
By: Lance Griffin Dothan Eagle

2:48 p.m. – Hours before the vote-buying investigation in the Alabama Statehouse was made public, an angry Milton McGregor blamed then-Gov. Bob Riley for the investigation, calling him a “sick runaway thug.”

“This is unbelievable Riley would go to these extremes. Riley would do everything above the law, against the law,” McGregor said.

“Yeah, I mean are we in America?” Gilley replied in a phone conversation recorded by the FBI April 1, 2010. The recording was made when Gilley had been informed that investigators were in the Alabama Statehouse meeting with legislators. Gilley then called McGregor to inform him.

The call came two days after the pro-gambling bill SB380 was passed by the Senate. McGregor said the timing of the investigation was designed to kill the bill in the House.

“Riley is destroying this state. He has already destroyed our industry and now he is destroying our state. He is a sick runaway thug,” McGregor said.

Also Friday, McGregor attorney Walter McGowan tried to distance McGregor’s money from Ronnie Gilley Friday afternoon during testimony in the gambling corruption retrial.

During direct testimony Thursday, Gilley testified that McGregor loaned him about $14 million in 2009 in exchange for a percentage of the gross profits from Country Crossing. Gilley said the understanding between he and McGregor would be that about $5 million of the money would be used to “further legislative efforts” to pass pro-gambling legislation.

Under cross examination from McGregor attorney Walter McGowan, Gilley acknowledged that most of that money was gone by December of 2009 when Gilley hosted a fundraiser for Sen. Harri Anne Smith. During the first trial in the summer of 2011, Gilley testified that McGregor’s money was not used to pay for the fundraiser because “that money was gone.”

Gilley testified Thursday that some of McGregor’s money was in play when bribes were being offered to legislators in 2010.

McGowan also pointed out through questioning that McGregor’s money was only a portion of the money available to Gilley.

Gilley acknowledged the following amounts were invested in either Country Crossing or other Gilley projects:

» $33 million: The Miami Pro Group (professional athletes)

» $21 million: Lord Abbet Municipal Income Fund

» $17 million: IGT and Multimedia (Game manufacturers)

» $15 million: Dr. Bob Wright and Russ Wright of Columbus, Ga.

» $15 million: Ronnie Gilley

» $14 million: Milton McGregor

» $4 million: Boxer Floyd Mayweather, Jr.

In other testimony Friday, Gilley acknowledged that he instructed workers at BamaJam to scan tickets not used. Gilley testified similarly in the first trial. He said the sole purpose of instructing the workers was not to artificially inflate attendance numbers, but also to reflect the attendance of people who came to the event, but did not pass through the turnstiles.

12:08 p.m. – Walter McGowan, attorney for Milton McGregor, spent the first 75 minutes of his cross examination of Ronnie Gilley going over Gilley’s plea agreement with the government, as well as past instances in which Gilley said he offered bribes to legislators.

McGowan asked Gilley if he believed he had to “bring defendants down” in order to get a reduced sentence.

“I do not,” Gilley said. “I have to be truthful.”

Read Gilley’s plea agreement here. Read the factual basis for Gilley’s plea here.

McGowan also quizzed Gilley about a recorded conversation involving he and his wife in which he told her that in order to receive a reduced sentence, he had to “bring other people down.”

“I did say that at that time,” Gilley said.

10:56 a.m. – Country Crossing developer Ronnie Gilley said Friday he placed $20,000 in cash in a cell phone box and gave it to former Rep. Terry Spicer in 2008 after Spicer requested money from Gilley through his lobbyist, Jarrod Massey.

Gilley outlined the bribe during testimony Friday in the gambling corruption retrial Friday morning under direct questioning from Assistant U.S. Attorney Kendall Day.

Gilley said his lobbyist, Massey, told him in 2008 that Spicer was feeling “left out” because Gilley had made a sizeable contribution to an Alabama senator. Gilley said Massey told him that Spicer felt he deserved $50,000 because of the work he did in helping pass legislation to create a special “enterprise zone” for the BamaJam property.

“I told Jarrod that Spicer wasn’t even running for re-election and that I couldn’t even write a check to his campaign if I wanted to,” Gilley said during testimony.

“Jarrod told me that he didn’t want it in a check. He wants it in cash,” Gilley said.

Gilley said Massey went on to tell him that he should pay the money because Spicer was a powerful member of the House and that pro-gambling legislation would never passed the House without Spicer’s support.

Gilley said Spicer later came to his office and Gilley gave him a cell phone box with $20,000 in it.

“He said ‘I was needing a new cell phone anyway. Thank you very much,’” Gilley said, adding that Spicer never asked for an additional $30,000.

Spicer has pleaded guilty to a single count of bribery.

In other testimony, Gilley said his ownership in Country Crossing is currently less than 1 percent and that he remained about $116 million in debt.

“I’m broke,” he said.

Prosecutors began Friday morning’s session by playing additional recordings made by Scott Beason, including one in which he referred to patrons of the gambling facility Greenetrack as ‘aborigines’. Day asked Gilley if he would still try to bribe Beason if he had known about those comments.

“Unfortunately, to be perfectly honest, our greed would have led us to purchase his vote,” Gilley said.

Walter McGowan, attorney for Milton McGregor, read from a transcript of a phone conversation Gilley had with his wife after Gilley’s plea hearing in which Gilley said he was drawn into a web of corruption in Alabama politics. During the conversation, Gilley tells his wife that the words he used at the plea hearing were not his, and were the words the government wanted him to use.

Gilley acknowledged the accuracy of the conversation he had with his wife and asked for an opportunity to explain his comments, but has not been given the opportunity yet.

Cross examination of Gilley by McGowan is expected to continue for much of the day.

9:01 a.m. -- Testimony has begun Friday in the gambling corruption retrial. Ronnie Gilley remains under direct questioning from Assistant U.S. Attorney Kendall Day.

At the end of testimony Thursday, Day played a recording from a meeting of Republican caucus members. The recording was played by the defense in the initial trial and apparently picked up a member of the caucus discussing the gambling bill being debated in the Alabama Legislature in 2010. One of the members can be heard saying that if the gambling issue makes the general ballot in November, blacks would be bused to the polls on HUD-financed buses.

Sen. Scott Beason wore a wire as part of the vote-buying investigation, was present at the meeting and testified that his recording of the meeting was accidental. It appears that Beason can be heard concurring with the sentiments.

Gilley testified Thursday that he found the comments “nauseating”, but added that it would not have kept him from offering a bribe to Beason if he believed Beason was the deciding vote to pass the gambling bill out of the Senate.

Alabama: Gilley discusses bribes

Gilley discusses bribes, McGregor money on witness stand
By: Lance Griffin Dothan Eagle

MONTGOMERY – Country Crossing developer Ronnie Gilley said during testimony Friday in the gambling corruption retrial that Milton McGregor was intertwined in the bribe offers Gilley said he made to multiple legislators.

The McGregor defense, however, insinuated through cross examination that McGregor was detached.

Gilley said Friday McGregor gave him more than $13 million in 2009 to be used for several areas related to Country Crossing, including those areas related to the passage of pro-gambling legislation.

McGregor attorney Walter McGowan attempted to distance McGregor’s money from any bribe offers, claiming Gilley had millions of dollars from other sources that could have been used as well.

Under questioning from McGowan, Gilley acknowledged several groups and individuals invested in Country Crossing and other Gilley-related projects. Among the amounts and investors were:

» $33 million: The Miami Pro Group (professional athletes)

» $21 million: Lord Abbett Municipal Income Fund

» $17 million: IGT and Multimedia (Game manufacturers)

» $15 million: Dr. Bob Wright and Russ Wright of Columbus, Ga.

» $15 million: Ronnie Gilley

» $14 million: Milton McGregor

» $4 million: Boxer Floyd Mayweather, Jr.

Gilley also acknowledged that most of that money was gone by December of 2009 when Gilley hosted a fundraiser for Sen. Harri Anne Smith. During the first trial in the summer of 2011, Gilley testified that McGregor’s money was not used to pay for the fundraiser because “that money was gone.”

Gilley testified that his current ownership in Country Crossing is less than one percent.

Also Friday, a recorded conversation between Gilley and McGregor on April 1, 2010, revealed an angry McGregor reacting to word that an investigation into vote-buying at the Statehouse was underway. McGregor blamed then-Gov. Bob Riley, an outspoken opponent of electronic bingo in Alabama.

“This is unbelievable Riley would go to these extremes. Riley would do everything above the law, against the law,” McGregor said.

“Yeah, I mean are we in America?” Gilley replied

“Riley is destroying this state. He has already destroyed our industry and now he is destroying our state. He is a sick runaway thug,” McGregor said.

Gilley also said Friday he placed $20,000 in cash in a cell phone box and gave it to former Rep. Terry Spicer in 2008 after Spicer requested money from Gilley through his lobbyist, Jarrod Massey.

Gilley outlined the bribe under direct questioning from Assistant U.S. Attorney Kendall Day.

Gilley said his lobbyist, Massey, told him in 2008 that Spicer was feeling “left out” because Gilley had made a sizeable contribution to an Alabama senator. Gilley said Massey told him that Spicer felt he deserved $50,000 because of the work he did in helping pass legislation to create a special “enterprise zone” for the BamaJam property in Coffee County.

“I told Jarrod that Spicer wasn’t even running for re-election and that I couldn’t even write a check to his campaign if I wanted to,” Gilley said.

“Jarrod told me that he didn’t want it in a check. He wants it in cash,” Gilley said.

Gilley said Massey went on to tell him that he should pay the money because Spicer was a powerful member of the House and that pro-gambling legislation would never pass the House without Spicer’s support.

Gilley said Spicer later came to his office and Gilley gave him a cell phone box with $20,000 in it.

“He said ‘I was needing a new cell phone anyway. Thank you very much,’” Gilley said, adding that Spicer never asked for an additional $30,000.

Spicer pleaded guilty last year to a single count of bribery.

McGowan also played a recording of a phone conversation Gilley had with his wife while Gilley was incarcerated in April of 2011. On the recording, Gilley said the government instructed him what to say during his plea hearing and that his “entire sentence” rested on his testimony bringing others down.

During testimony Friday, Gilley acknowledged saying that and expressed an interest to explain the comments, but was not able to during cross examination.