Facts standing in the way of a Mashpee Wampanoag casino in Taunton

Governor Deval “I don’t count every check”Patrick with the help of his casino point man Stan “no comment” McGee, along with Mashpee Wampanoag Chairman Cedric “crush the competition” Cromwell and Taunton Mayor Tom “no due diligence required” Hoye are all publicly pushing the inevitability of an Indian casino in Taunton, Massachusetts.   Much news with glowing headlines is being promoted by the Tribe claiming “wins” and momentum behind their campaign for a reservation casino complex.  

Here are a few facts to keep in mind before anybody starts cashing Wampanoag-Genting casino checks:

1.    Land in Trust (LIT) – the Mashpee Wampanoag Tribe’s application to create an “off reservation” casino in Taunton for the purposes of gaming must first be approved by the Department of Interior, Bureau for Indian Affairs (BIA).  Federal law (Title 25 part CFR 151.3) specifically notes:

“Land not held in trust or restricted status may only be acquired for an individual Indian or a tribe in trust status when such acquisition is authorized by an act of Congress. No acquisition of land in trust status, including a transfer of land already held in trust or restricted status, shall be valid unless the acquisition is approved by the Secretary.”

The recent “win” proclaimed by the Tribe for NICG approval of their amended tribal gaming ordinance specifically noted (something Mr. Cromwell failed to include in his proclamation) that the approval was moot absent the Tribe’s success in getting LIT approved.  Requirements from BIA are not simple and failure on any single item can cause the Tribe’s LIT application to be rejected.  Just a few of the hurdles for the Mashpee Wampanoag LIT application include:

a.    Carcieri v. Salazar – this Supreme Court decision requires that an Act of Congress change current law to allow for tribes, like the Wampanoag, which weren’t recognized prior to 1934 to get land-in-trust reservations.  No such bill to “fix Carcieri” is up for consideration in 2012 and multiple-influential sitting U.S. senators have publicly stated they will block any attempt to pass such legislation. 

BIA allows for very limited exceptions to the Carcieri ruling in approving applications for land in trust for the purposes of gaming.  These include “off reservation” and “equal footing” exceptions.  The Wampanoag Tribe is seeking an “equal footing exemption” to the Carcieri ruling with their off reservation site.   According to a recent notification by the Secretary of the Interior, both exceptions application processes are “lengthy and deliberate,” are “granted rarely” and required additional scrutiny.  Fewer than half of such applications are approved.  Never has an “off reservation” location been granted solely under the “equal footing” exemption being sought by the Mashpee Wampanoag.

b.    Ability to self-govern – the BIA will review and make a determination as to the Tribe and tribal leadership’s ability to effectively self-govern prior to granting them land in trust for gaming purposes.  The Tribe is hampered here on multiple fronts.  The City of Taunton’s IGA with the Tribe calls for payments-in-lieu-of-taxes (PILOT) tied to net casino slot revenues.  Such payments tied to income of a casino have been determined to convey a propriety interest and violate the governing sovereignty of a tribe by the BIA and federal courts.  BIA will not approve a LIT based on an IGA which infringes on a tribe’s ability to self-govern.   Further, the Tribe commissioned a study from Harvard University to assess their ability to govern.  While Cedric Cromwell has tried to hide this study (along with his own personal history of loan, utility bill and tax defaults), the Harvard study results released this year found that the current leadership and tribal government lacked systems and transparency to convey legitimacy in their governance. 

c.    Environmental impact study – this allows for bordering communities and others with a stake in the Taunton River watershed to oppose the casino’s impact - including the conveyance of “super water rights” to the Mashpee Wampanoag who will use an estimated 250 million gallons of water per year for their resort complex – to weigh in and block BIA approval.

d.   Economic impact report – BIA requires impact on any state or local political subdivisions be addressed.  BIA has never approved an exception to Carcieri LIT application opposed by an impacted state or local government.  The State of Rhode Island started conducting economic impact studies as soon as Massachusetts legislation authorizing and giving exclusive rights to an Indian casino for Southeastern Massachusetts was being considered.  The results of the first of the Rhode Island studies were published last week and found significant negative impacts to existing employment and Rhode Island’s Narragansett Indian Tribe economic opportunities.  Elected officials in communities surrounding Taunton who requested to be included in the impact and review process and were shut out of IGA negotiations between the City and Tribe will now be able to submit concerns to BIA.

e.    Surrounding community impact – the Secretary will review and ensure that any proposed gaming establishment will not be detrimental to surrounding communities.  Any impact on social structure, infrastructure, services, housing, community character and land use in surrounding communities must be addressed including costs and corresponding revenue sources to mitigate them.  A study on the impact to Taunton schools alone shows the IGA having a $500,000 annual deficit in mitigating increased cost to public schools associated with the Wampanoag casino proposal.

f.     Off reservation acquisitions – for off reservation LIT applications the secretary must consider conflicts of land use restrictions (i.e., the current deed restriction for the proposed casino property) and distance from the Tribe’s reservation (Town of Mashpee) with greater scrutiny given the further from the Tribe’s boundaries (as noted, Taunton is over 50 miles from the Tribe’s Mashpee core governmental function offices). 

g.    Significant historical & current ties requirement – the Mashpee Wampanoag’s historical ties to Taunton have been challenged by the Pocasset Wampanoag Tribe and expert historians.  The Tribe has provided no evidence of historical ties other than alluding to “secret” documents held by the current Tribal Council, but not available to other Tribe members.  As to current ties, the Mashpee Tribe’s own federal recognition application and current tribal enrollment ordinances specifically delineate the tribe’s boundaries as within 25 miles of the Town of Mashpee.  The proposed Taunton site is more than 50 miles from Mashpee.

h.   Other Tribes’ historical connection to the land – BIA has never granted a LIT application where other tribes have territorial claim to the land being sought.  The Pocasset Wampanoag Tribe has already announced their opposition citing their historical ties and claims to Taunton.

i.     Town of Mashpee opposition – The Town of Mashpee, where the main tribal reservation and offices are located, must also submit a letter of approval and consent.  Mashpee officials opposed the last LIT application by the tribe after reviewing and finding the Tribe had made false statements about agreements with the town.   The Tribe currently has tax related disputes with the Town of Mashpee and other concerns about their local plans.

j.     State of Rhode Island opposition –  Rhode Island elected officials, including the Governor and state's two U.S. senators have started the process of research gathering to block the BIA approval by demonstrating negative economic impact to existing casinos and development at Twin Rivers and to the Narragansett Tribe.

k.    Concurrence of the Governor (of Massachusetts) -  Once all of this lengthy process – estimated to be a minimum of three to five years and taking as many as 15 years  - is completed with a favorable determination, the Governor of the state must then concur.  Since this request for concurrence can only come with a final determination by the Secretary of the Interior and after the affirmative vote by Congress, the likelihood that friend of the Tribe Governor Deval Patrick will still be serving is nil.  By the time this hits, existing state commercial casino interests will certainly have padded the campaign payrolls sufficiently to ensure no competition crushing Indian casino which pays no taxes or fees will be approved by the next sitting governor.

2.    Deed restrictions for property in Taunton -  A group of Taunton taxpayers are suing to block the deal based on the covenant deed restrictions for the proposed site which require the land be used only for "corporate headquarters, manufacturing, processing, wholesaling, distribution and jobbing or warehousing." Retail outlets and cafeterias are only permitted as "accessory uses."

3.    Commonwealth of Massachusetts Indian Casino Compact with the Tribe – This compact must be negotiated and approved by the legislature prior to July 31, 2012.   Several legislators are already unhappy with how the Governor is managing diligence with the Gaming Commission regarding the Stan McGee child sex scandal – yet, McGee remains the Governor’s Indian gaming point man who is the chief architect of the Wampanoag compact.  The longer legislators are forced to wait to see this back room cut deal, the greater likelihood it will face opposition and delays.

4.    Massachusetts Gaming Commission July 31, 2012 deadline – The commission must determine that the Tribe has a reasonable likelihood of getting federal approval for land in trust.  The Boston Globe has characterized this noting “the Tribe has immense obstacles to overcome to win federal approval for a tribal casino.”  Given the above noted hurdles and clearly articulated challenges, such a determination by the Commission would be viewed as highly unreasonable by any independent review and subject to legal challenge. 

5.      Other delaying legal actions:

a.    Town of Middleborough – Middleboro officials have sent letters of opposition to the Commonwealth and BIA opposing the Mashpee Wampanoag proposal, and they have announced they are preparing to pursue legal options to block the Tribe’s casino development efforts claiming a breach of contract with the Town.

b.    KG Urban Enterprises – This competing commercial casino developer has filed suit with an appeal pending claiming the regional tribal preference is unconstitutional.

c.    Aquinnah Wampanoag – The Martha’s Vineyard based tribe is planning multiple lawsuits to block the state from moving forward with any gaming after being shut-out of casino compact negotiations by Governor Patrick.

So what does this all mean?  Voting yes on Saturday simply dooms Taunton to a protracted march alongside the fated Mashpee Wampanoag, tying up City resources and locking in lands which could otherwise be used to generate taxes for the city and real jobs for area residents.  Vote no.

Stan McGee! Official arrested for sexually molesting a child appointed to help oversee casinos, outrageous!

(With updates from Boston Globe - 5/3/2012, highlighted)

The corruption of Massachusetts fueled by the gaming industry is now complete.  Governor Deval "I don't count every check" Patrick's Gaming Commission has hired political insider Stan McGee to run the board's operations and steer policy.  The Commission is charged, in part, with ensuring criminals and miscreants don't infiltrate and corrupt the casino industry as it takes its grip over gaming in the Commonwealth.  So why not appoint someone who Florida police charged with sexually molested a boy between the ages of 12-16 while hanging out in $500 per night room resort in Florida.

The Boston Globe reported that Carl Stanley McGee had been placed on unpaid leave in 2008 while serving as one of Patrick's key advisers in developing casino gaming legislation after being arrested in Florida for "masturbating and performing oral sex" on a teenage boy in the steam room of the Gasparilla  Club in Boca Grande, Florida.  While we could ask why or how McGee, an assistant secretary for policy and planning, was lolling around in a swank and dandy Florida beach club at $500 per night on his government salary that seems minor against the backdrop of his arrest.

On May 3, 2012 the Boston Globe provided additional details on McGee's Florida arrest and subsequent dropping of charges against him by Florida prosecutors.  The Globe reported that the victim and his family stood by their claims and that the police investigators protested the dropping of the charges.  Lawyers for the boy who claim he was molested pointed to the confidential cash settlement paid by McGee and an investigator from the Florida state Crimes Against Children's unit assigned to review the prosecutors decision to not pursue McGee recommended the state attorney reconsider the prosecution.


When the Globe questioned the officers who first investigated and asked why prosecutors didn't push the case, they claimed something happened "somewhere between Massachusetts and Florida... above my pay grade."  We may never know, but the police who arrested McGee - who exercised his Fifth Amendment rights and declined to answer their question then - are certainly suggesting political favors above a simple cop's pay level made this problem go away for McGee.  For his part, McGee still won't answer questions about this and hasn't publicly stated that he did not molest the boy.  If political influence from the Patrick Administration was used to prevent McGee from being prosecuted for molesting a child, somebody should find out.   


Perhaps Martha Coakley will put aside the fact that she received those nice campaign contributions from casino lobbyists just this one time and ask a few questions.  Otherwise, the people of the Commonwealth will be left with a very sour taste indeed about the integrity of those making critical decisions for gaming in the state.

If this is the highest standard allowed by Governor Patrick and the Gaming Commission for selecting those charged with gaming oversight what can we expect the crowd running the casinos under their purview will be like?  Conveniently for Patrick, McGee will drive the board's process and decision making during the critical months in which they will decide whether or not to allow the Mashpee Wampanoag tribe to move forward with their plans for an Indian reservation casino.  Wonder how much that cost Genting Malaysia and their lobbyist former Congressman Bill Delahunt?

You see, McGee was the insider who orchestrated the special interest legislative carve out that benefits the Mashpee Wampanoag tribe's casino efforts on the South Shore.  Guess that means the requirements that the Tribe actually prove that they can get Congress to overturn a Supreme Court Decision which bars them from opening a casino AND convince the Department of the Interior to grant them off-reservation land-in-trust by the July 31, 2012 deadline will somehow slip by...   

Perhaps Cedric Cromwell has a special steam room planned for McGee in his Taunton resort complex as pay-off.  Heck, since no Taunton or State Police will be allowed on "the reservation" in Taunton, McGee's risks of any unseemly scrutiny by the Wampanoag tribal police which will be controlled by Cedric seems low.  This is truly a new low for the Commonwealth and another pockmark on the corruption that riddles the Indian gaming industry.

As for those pesky requirements that casino employees pass background checks, including making sure they're not child sex offenders, well since the Gaming Commission feels free to hire someone with such a record, McGee will probably have a nice job waiting for him at Wampa World Taunton when this is all done.  Besides, the Mashpee Wampanoag Indian Casino won't actually have to comply with any state rules or regulations requiring such inconvenient background checks as they will be a sovereign Indian nation operating on a no-rules reservation - where anything goes and Stan will never have to worry about being arrested for having sex with minor boys again.

Wampa World Water – Can Taunton fill the need?

Unlike other proposed casino complexes in Massachusetts, the recently unveiled plans for Taunton present a significantly different environmental impact profile.  Mashpee Wampanoag council chair Cedric "Pay no Taxes" Cromwell promises a massive indoor and outdoor water park along side of his planned casino resort complex with three hotels (nearly 1,000 rooms) multiple  restaurants, bars, a “New Hampshire style” liquor store and shopping mall.    

The Wampanoag claim they have an environmental impact study underway; however, residents are being asked to vote on the casino issue and the town is negotiating a compact before that study will be made available and the potential cost burdens this Indian reservation casino resort complex will have on the area's infrastructure and environment.  The impact of this resort casino, hotels, restaurants and water park on local water use and treatment alone will be huge for Bristol County.

According to the latest state government report, Southeastern Massachusetts is under “severe drought” conditions.  Bristol County residents have been under water use restrictions each summer for several years now.   How will Cathal O’Brian and Taunton Water address this new demand?   What will the burden be on infrastructure for treating the casino’s waste water?  How will this new draw impact neighboring communities who share our water sources needs?  

While any potential agreement between the City of Taunton and the Mashpee Wampanoag must fully account for water use and treatment costs, other factors also need to be included: the neighboring communities’ costs, risks to local firefighting capacity, environmental impacts and additional water restriction burdens on the people in the region should be equally addressed.

According to industry standards, hotels typically use between 36,000 and 73,000 gallons of water per room/year.  So, Cedric’s three hotels alone could draw down 66 million gallons of Taunton-area water.   Hotel & Leisure Advisors reports that a typical indoor only (Cedric promises and indoor and outdoor water park) park requires 50 million gallons to fill, then uses between 125,000 and 160,000 gallons per day (that’s 46 to 58 million gallons per year).   Using standard calculations for casino, restaurant, bar and shopping space water usage the proposed Wampanoag gaming complex, bars and restaurants would conservatively use another 200,000 gallons of water per day or 74 million gallons per year.

The combined annual water draw down from the area’s water supplies and corresponding waste water output from the Taunton Wampanoag casino resort complex would be in excess of 250 million gallons per year.   To put that into context, the average single family household of four uses 60, 000 gallons per year – thus the casino will have the water impact of adding another 4,000 single family homes.

The City of Taunton, Massachusetts draws its drinking water from six reservoirs: Assowampsett; Elders; Long; Poksha; Great Quittacas; and Little Quittacas.  Taunton shares this water with Lakeville, Middleborough, Freetown and Rochester.  The Massachusetts Energy and Environmental Affairs report on Sustainable Water Initiatives, published in February 2012, details the water challenges for the state and for Taunton.  This report, coupled with the current "severe drought" status of the region, spells out real challenges for Bristol County with the proposed Indian casino resort complex.

To ensure regional, not just Taunton residents, aren’t unfairly penalized for the infrastructure costs and new water demands that will stretch the region’s already limited capacity the City should review and revise their commercial water rate schedule for this project, as even a high commercial rate of $10 per 1,000 gallons will not likely cover the resulting costs.  Other commercial rate payers also pay state and local taxes which are used to support area infrastructure – the Indian reservation casino complex will pay no such taxes and their utility rates should reflect that disparity.

Finally, what assurances will Taunton have that the Wampanoag casino will be able to pay increasing water and other utility costs when other established Indian casinos in our region are now in massive debt and tribe members are seeking assistance to pay their utility bills?  Does anyone really think an Indian casino in Massachusetts will be any different.

Wampanoags on the war path over casino land dispute

“To reservation-shop in somebody else’s ancestral territory? That’s just ridiculous. Back in the day there’d be war if you come into somebody else’s land. Right? We’d fight over stuff like that.’’

- Daryl Black Eagle Jamieson, Pocasset Wampanoag Tribe Vice Chairman.

Middleboro Remembers provides great insights today into reports that Masphee Wampanoag attempts to extend their reach into Taunton violate Pocasset ancestral rights.  The Boston Globe's Mark Arsenault similarly details the latest in a long string of gaffes by the Malaysian-gaming syndicate backed Mashpee tribal council in their quest for casino gold.  Bottom line, Taunton can anticipated even longer delays, lawsuits and black eyes associated with hopes for jobs and any far-fetched economic upsides to locating an Indian reservation casino in town.

The territorial challenge to the Mashpee Wampanoag will be hard to beat back given that their own Mashpee tribal membership ordinances have geographically defined residency requirements that excludes anyone who lives more than 20 miles away from Mashpee from being able to claim they are a Mashpee Wampanoag.  Of course, the tribe's own council chairman Cedric Cromwell didn't follow this ordinance - he lived in Attleboro when he "found" his Indian roots in 2006.

Taunton is 50 miles away from Masphee - well outside their own defined territorial boundaries - but less than 20 miles from the Pocasset headquarters and well within their historically defined boundaries.  Sadly, the Pocasset lack federal recognition and the Masphee have a very bad history of playing well with others so any compromise is unlikely.  Regardless, existing federal laws will block the Masphee from moving forward anytime in the near future.  Don't hold your breath Taunton, your wild ride with the Mashpee tribe is only just beginning. 

Residents of Taunton aren't even eligible to be members of Mashpee Wampanoag .

What are they thinking?

Proposed Wampanoag Indian casino, hotel, restaurant, bar and hotel complex location in Taunton, MA

Other Native American tribes outraged at exclusion and special treatment of Mashpee Wampanoag

While Mass legislators led by top casino interest campaign contribution beneficiaries Therese Murray and Deval Patrick continue to push lobbyist written legislation giving special preference to Indian gaming with a unique carve out design to benefit only the Mashpee band of the Wampanoag tribe, other tribes apparently aren’t happy.  Murray went so far as to block an amendment which simply said the state would be authorized to negotiate with ANY federally recognized tribe in order to protect the Mashpee from potential legitimate competition.  Talk about lobbyist power - Bill Delahunt is earning his keep so all those contributions from his federal congressional PAC to state lawmakers is paying off.

The Cape Cod times reports that other Native American tribes, including Pocasset Pokanoket tribe, issued a press release Monday afternoon saying it had sent a 500-page document to the federal Bureau of Indian Affairs objecting to the Mashpee tribe’s application to put land into federal trust and saying the tribe has “absolutely no social or political ties to any part of Massachusetts except on Cape Cod.”

“There should be no advantage for any tribe,” Lesley Rich, an attorney for the Pocasset tribe, said in a phone interview. “The Pocassets are trying to protect their rights.”

George Spring Buffalo, the Pocasset leader, called it “an absolute injustice” for the Legislature to exclude state-recognized tribes from the process. 

This is just the latest blow to the scheme to turn over all gaming for Southeastern Massachusetts tax-free to  the Mashpee band and their Malaysian backers at Genting Group.  While current federal law makes such a move illegal, Therese Murray and the Governor are so in the pockets of Cedric Cromwell and the Mashpee band's lobbyists partnered with slot machine interests which will benefit from sales tax-free and fee-exempt sales to Indian tribes that they are insisting on pushing this through.  Even if Murray and Patrick are successful, and somehow the U.S. Congress passes a new law making their deal legal, the Mashpee will still have to get federal permissions which can be blocked by any number of reasons - including opposition by other tribes.

All this means the only jobs Southeastern Massachusetts will see from this deal will be lobbyists and lawyers.  The campaign contribution gravy train will continue for Therese Murray and her allies in the Senate.  Hope there is enough cash to overcome the damage to their constituents from this fiasco.

Tribal elders, traditionalists seek to oust Cedric Cromwell for financial abuses

Thousands of dollars in credit card expenses for limousines and country club meals lobbying for casino cash by Cedric Cromwell has Mashpee Wampanoag tribe members seething!  Other financial records are still being kept secret from the tribe with members complaining to the feds demanding an investigation and are calling for Crush the Competition Cromwell's ouster.

Meanwhile Cromwell is being accused of attempting to change the Mashpee Wampanoag charter to privatize the tribe and lock in his ownership of any potential future casino cash in cahoots with his Malaysian gambling syndicate partners at Genting.  Perhaps he'll have a place on the board for Governor Patrick and Senator Therese Murray for all their assistance.

ReelWamps tells the story here: http://reelwamps.com/archives/traditionalists-plan-ouster-of-cromwell-administration

Is Massachusetts ready for Wampa World Indian Gaming?

Indian reservation gaming was originally created to help desperately poor Native American’s living in isolated locations with no existing local businesses or opportunities to make money.  They were not ever meant to co-exist in urban, densely populated areas with existing businesses and opportunities for income.  That’s all about to change in the Bay State.

Brought to Southeastern Massachusetts by Deval Patrick and the Malaysian money bags at Genting, and courtesy of Cedric  Cromwell, let’s see what they have in store for a quiet community somewhere near Mashpee and how this will be VERY DIFFERENT from the state’s two other proposed non-Indian reservation casinos. 

Do you ever wonder why Cedric “Crush the Competition” Cromwell always refers to his Asian gaming syndicate backed scheme as an Indian Casino Resort Complex and not just plain old slots in a box casino?  Because unlike the other proposed casino developments, Indian reservation gaming is so, so much more.

Hotels, shops, restaurants and more!  But let’s look at Wampa World slots in a box component first.  And this is probably the real reason Deval “I don’t count every check” Patrick and Therese “Ca-Ching!” Murray conspired to put the non-competitive, Indian gaming preference language in their bill.

·        Unrestricted, unregulated, no-license fee, no sales tax slot machines:

All the other non-Indian casinos in the state will be given a maximum number of slots they can operate; watch out for a number around 2,000 machines per casino.   These restrictions are in place for many reasons, not the least of which is state treasury officials know that slot machines, more than any other type of gaming, compete directly with state lottery ticket sales – the more slots, the less lottery cash for state coffers. 

State officials cannot regulate the number of slots or any other operational aspect of gaming held on an Indian reservation casino.   The Foxwoods’ Indian Casino has 7,200 one armed bandits – slot machine lobbyists like Doug Rubin start to salivate when they see the potential of unrestricted slots.  Rubin is conveniently the Governor’s former point man on Massachusetts gaming legislation.  An Indian casino means an additional minimum $100 - $250 million in tax-free sales for his clients compared with non-Indian casinos.  Ca-Ching indeed!

Wampa World slots will not be regulated or licensed by the state.  Other casinos will be required to have their slots inspected and tested to ensure payouts are as advertised.  The non-Indian casinos will pay annual licensing fees to the state for each machine for this consumer protection oversight.  Not at Wampa World!  No outside inspectors will be allowed, neigh permitted, to check out any Wampa World slot or any other aspect of their operations.   No license fees will be paid.  No revenue sharing or taxes linked to the consumer cash lost.  “Bandit” hardly seems strong enough, Wampa World will have thousands upon thousands of one-armed-thugs. 

So, aside from “crush the competition” slots, Wampa World will also have:

·        Tax-free, unregulated sales of tobacco, liquor and other goods available 24 hours a day, seven days a week!

Other casinos can vie for local community restricted and defined business licenses to sell such products, not Wampa World.    Local taverns closing at 1 a.m. putting a damper on your party attitude, not a problem at Wamp World as State blue laws and local ordinances about liquor sales don’t apply here.  Fire water 24 hours a day, seven days a week.  For all those 3:00 a.m. to 9:00 a.m. problem drinkers, you now have a friend in Southeastern Massachusetts. 

Cigarette taxes keeping you from buying more smokes?  That’s not a problem at Wampa World where state taxes and restrictions on sales of tobacco to minors don’t apply.  Area liquor and convenience stores which made their living on sales of highly taxed goods like tobacco are in for a tough time though as Wampa Word’s 24-7 tax free conveniences will kill local businesses faster than you can say “crush the competition!”  Oh, and Wampa World will be a smokers paradise outside of the reach or eyes of state laws restricting smoking in public places and businesses.   Just another added benefit for the reservation “employees” who won’t enjoy any labor or related protections at Wampa World.

Duty Free without the burden of a TSA security check!  Wampa World will have shopping of all stripes and kinds.  From clothing to perfume, you need no longer patronize the local shoppe when tax-free goods sold all day and night will be available “on the reservation” at Wampa World.  Southeastern Massachusetts shopkeepers should file their disaster recovery paperwork with FEMA now, because thanks to Governor Patrick’s Indian gaming preference legislative addendum, Hurricane Cedric will be a Category 5 catastrophe for existing tax paying, law abiding businesses. 

·        Round the clock hospitality.  Hotels, bars, restaurants and entertainment of all stripes will be available at Wampa World.

Hotel rooms rented with state taxes, local fees or zoning and licensing requirements will be a thing of the past if Wampa World opens.  Even quaint inns and local bed and breakfasts won’t be able to compete with thousands of hotel rooms which pay no taxes or fees built without zoning restrictions on land which pays no local property taxes.

Theaters, cabarets, discos and more!  Local community theater and arts groups watch out.  The big acts are coming.  No sharing ticket fees with localities, property taxes or other pesky entertainment license expenses at Wampa World. 

Bars, bars and more bars!  No license requirements or pesky blue laws requiring they close by 2:00 a.m. and not serve before 11:00 a.m.  Wampa World bars will sell untaxed liquor without restrictions 24-7.  And don’t bother calling the local cops if you don’t like what you see; local police aren't invited at Wampa World.   Local pubs that must pay state taxes, respect local zoning and ordinances and are restricted from happy hour promotions and give-aways will soon go-away if Wampa World and Cedric “Crush the Competition” Cromwell get their way.

Restaurants will be in abundance.  From fast food and all-you-can-eat buffets to chic high-end eateries, Wampa World will offer food without the burden of meal taxes or local health and sanitation inspectors.   The anti-nanny culture critics will love Wampa World’s cuisine – no obesity Nazi nutrition labeling requirements and smoke ‘em if you got ‘em (and we don’t mean ribs) before during and after you’ve gorged at the trough.    Ask the local restaurant owners on the Cape and South Shore how excited they are about this competition coming their way!

Wampa World promises to be a neo-Sodom and Gomorrah of tax-exempt, unregulated, local competition-crushing activity.  Local communities will have no control over what happens “on the reservation” as local and state law enforcement will have no jurisdiction at Wampa World.   Now, this won’t happen for many, many years because right now Wampa World in Massachusetts would be illegal, requiring an Act of Congress and years of administrative wrangling – but right now, that’s all the Southeastern “Region C” has to look forward to under the current legislative special interest Indian gaming language.

Remember to thank the Governor and Senator Murray next time you see them.  Better yet, demand your state representatives and senators vote to eliminate the competition crushing, no state income benefit special deal.  Laws created to enable Indian gaming were never meant to be corrupted to fit “newly” created tribes and this type of lobbyist fueled gaming scheme.

Only one thing is faster and more damaging than Hurricane Irene to Massachusetts this week.

No more controversial issue has been rammed through the Massachusetts Legislature faster and with more frenzy in recent history than Governor Patrick’s lobbyist-written casino gaming bill.  NENC reports how the behind close-door dealings caught everyone by surprise this week putting out the proposed bill and announcing a quick after labor day “debate” and vote.

The speed with which the lobbyists are seeking push this past will leave no room for any real debate or analysis of the downsides to state revenues, delayed jobs and loss of local control by localities this special-interest laden bill presents.  Faster and with more irreversible damages to the state than Hurricane Irene, watch this lobbyist fueled vortex strip away any potential Massachusetts has for transparent, non-corrupt and highest potential return to the taxpayer gaming.   What we’ll get is billions in taxpayer losses at the gaming tables largely shipped tax-free to overseas investors backing groups like the Mashpee Wampanoags with little to no return to the state.  And, local communities will lose all control over zoning, local business protections and law enforcement. 

Check out Kathleen Norbut’s interview on NECN detailing these types of concerns:

Thank you to the cast of characters responsible for this casino storm -  Governor Deval "I don't count all the checks" Patrick, former Patrick aid turned slot industry lobbyist Doug Rubin, Gregory "revenue recapture" Bialecki, Stan "sexual assault" McGee, Therese "Ca-ching" Murray, Cedric "I will crush the competition by not paying taxes or fees" Cromwell and the gang at Genting for their tens of millions in cash used to fuel lobbyists and campaign contributions to corrupt legislators.

How the special interest lobbyists’ campaign contributions paid off today; what it will cost us tomorrow.

One need not read past the second page of the proposed gaming bill to see who’s in the driver’s seat.  What’s amazing is how our state legislators could read this and not realize how ridiculous every rule written after page two will look if this passes.  Starting with Section 2 of this legislation we are told right up front that a special interest preference for an Indian casino is going to create expensive problems for the state right from the start:

Section 2:  “To provide for certain costs associated with the implementation of expanded gaming in the commonwealth, including, but not limited to, costs related to legal, financial and other professional services required for the negotiation and execution of a compact with a federally recognized Indian tribe in the Commonwealth to establish a casino in region C…. $5,000,000

OK, so what does this mean?

• ·        More money, taxpayer funds,  for lawyers, lobbyists and public relations flacks – which they anticipate will be needed with an Indian gaming preference (Note: there isn’t anything in the Bill which says the Indian tribe should pay for this courtesy – just the taxpayers!)

• ·        The only “federally recognized” tribe “in the Commonwealth” are the Wampanoag – so why not just say so?  Of the five Wampanoag bands, only the Mashpee are vying for a casino in region C (defined in the legislation as Bristol, Plymouth, Nantucket, Dukes and Barnstable counties)…  Thank you Bill Delahunt and the hundreds of thousands spend on other casino lobbyists paid by Genting and the Wampanoag.

• ·        Negotiate and execute a compact?  When are the Massachusetts legislators going to bone up on their federal law and recent Supreme Court rulings?  Calling it a compact doesn’t change the fact that ONLY the federal government can enter into any binding or enforceable agreements with an Indian tribe.   Spending $5 million of the taxpayer money on lawyers and lobbyists won’t change that.  Once the Wampanoag get their special set aside deal with the state and open up their doors, they can walk away from any deal cut with no repercussions whatsoever.

SECTION 89:  (c) The governor shall only enter into negotiations under this section with a tribe that has purchased, or entered into an agreement to purchase, a parcel of land for the proposed tribal gaming development and scheduled a vote in the host communities for approval of the proposed tribal gaming development…  The commission shall issue a request for applications for a category 1 license in Region C. 

• The people of Region C - Bristol, Plymouth, Nantucket, Dukes and Barnstable counties will have no opportunity to weigh options for a non-Indian casino under this proposed legislation; even though the state legislators from this part of the Commonwealth have opposed bringing Indian gaming to their communities…

That aside, the remainder of the bill has extensive language about rules, investigations and enforcements for casinos in the state.  So we shouldn’t be worried about corruption or unintended ill affects these casinos will have.  Well, that’s to say nobody outside of “region C” (Southeast MA).  None of the proscribed rules in this bill will have ANY standing, jurisdiction or effect on an Indian casino.  Let’s review some of them:

Section 8: “…The commissioner of alcoholic beverages control commission shall establish a gaming liquor enforcement unit whose responsibilities shall include enforcing, regulating and controlling the distribution of alcoholic beverages in a gaming establishment…

• ·        This should read “Except for the set-aside Indian casino,” of course, because no state authority can regulate or review what goes on in an Indian casino…   They will pay no state taxes or fees on liquor; they will have no restrictions whatsoever on who is sold liquor or at what times it is sold.  Other than any self-imposed, self-regulated rules on this topic, anything goes.  And, there will be nothing anyone in the local community or state can do about it.

Section 9: “… (b) There shall be in the department of the attorney general a division of gaming enforcement…. (c) The division shall enforce criminal violations of chapter 23K which shall include, but not be limited to: (1) investigating and prosecuting allegations of criminal activity related to or impacting the operations of gaming establishments or games; (2) receiving and taking appropriate action on referrals for criminal prosecution….

• ·        As with section 8, this should read “Except for the set-aside Indian casino” because, on Indian casinos we don’t need no stinkin’ badges – at least not from local or state law enforcement.  Only   the FBI can be called in, and only when a tribe violates its own constitution, to investigate and act on crimes committed on Indian lands in trust.  So write down this number (617) 742-5533 – it’s for the FBI field office.  Remember this when some minor is over served at an Indian casino and kills your child in a car accident.  Good luck trying to sue Tribe for damages – they are untouchable in U.S. courts and by state or local law enforcement.

Section 15:  …The colonel of state police shall establish a gaming enforcement unit the responsibilities of which shall include, but not be limited to, the investigation of criminal violations of chapter 23K or any other general or special law pertaining to gaming….

• ·        Need we repeat? Let’s just ask the State Police how much time and energy we can expect from the FBI – did you write down the number (617) 742-5533 - with all their homeland security and other duties…  So, we’ll just have to live with whatever crime and corruption the Wampanoag’s happen to run across in their operation.  Which, given their tribal leadership’s past convictions on such petty crimes as rape,  embezzlement, making illegal campaign contributions and other campaign finance law violations, tax fraud, filing false tax returns, wire fraud, social security fraud, etc…  should give us no pause to worry.  If this were any organization other than an Indian tribe their past would immediately disqualify them from receiving a gaming license under this state scheme – yet another double standard.

Section 16:…. Chapter 23K, Section 1. (1) ensuring public confidence in the integrity of the gaming licensing process and in the strict oversight of all gaming establishments through a rigorous regulatory scheme… (2) establishing the financial stability and integrity of gaming licensee, as well as the integrity of their sources of financing… (3) gaming licensees shall be held to the highest standards of licensing…  (6) promoting local small businesses… (9) any license awarded by the commission shall be a revocable privilege… (16) monitor the conduct of licensees and other persons have a material involvement, directly or indirectly, with a licensee.. (19) request and receive.. criminal and background investigations for the purposes of evaluating employees and applicants for employment by… any regulated entity…  (20) be present, through its inspectors and agents, at all times, in gaming establishments for the purposes of: (i) certifying revenue; (ii) receiving complaints from the public… (iii) examining records of revenues and procedures and inspecting and auditing all books, documents and records of licensees… (22) inspect and have access to all equipment and supplies in a gaming establishment…  (25) levy and collect assessments, fees and fines… (26) collect taxes and fees…

• ·        The list here is too long to bother detailing, suffice to say – nothing in this legislation will apply or be enforceable with an Indian casino.  It won’t matter if we spend $5 million to negotiate a “compact” which mirrors these laws. Existing federal laws are crystal clear about the absolute independence from local laws, law enforcement, taxes, fees, zoning or rules as apply to Indian tribes and what happens in their lands-in-trust reservation casinos.  The state WILL NOT be able to review their books, conduct background investigations on their employees, have inspectors onsite, audit their books, collect any taxes, fees or fins, or do anything about public complaints.

The special interest lobbyists for the Malaysian gaming syndicate behind the Wampanoags and the slot machine industry (Doug Rubin) who similarly benefit from additional unrestricted, non-taxed and no-license fees slot machine sales to Indian tribes (estimated to be worth between $200 and $300 million) won today.  It’ll be up to the state legislature to see if this sticks.

Massachusetts casino bill a boon to special interest lobbyists

Wow is all one can say.  How Greg "revenue recapture" Bialecki and Governor "I don't count the checks" Patrick got this casino lobbyist written gift in front of any 2011 legislature is beyond words.  (Well, I'm sure Therese "Ca-ching!" Murray has some idea.)  It's as if we were back in the old days of behind closed door politics being run by mob bosses and bag men.

Click here if you want to read the copy of bill shared with the Associated Press.

Which lobbyists wrote this?  Liberty Square? Bill Delahunt?  Genting?  A sad state of affairs indeed.

Greg Bialecki: Indian gaming liar, stooge or both?

State House News Service is reporting today that Governor Deval Patrick’s point man on gambling legislation Gregory Bialecki is on the march to mislead lawmakers about a “Tribal Gaming Reality” in an attempt to push the Governor’s agenda of including an Indian casino preference in pending Massachusetts gambling legislation.  Bialecki has written lawmakers making blatantly misleading and false statements about the Wampanoag’s status and legal ability to engage in Indian gaming.  

Is Bialecki just a liar?  Is he an ignorant stooge working on behalf of the Governor’s lobbyist cronies like Doug Rubin?  Regardless, he’s either a very dumb lawyer or dumb politician, because people in his position tend to get in big trouble when they mislead the legislature through deceit or ignorance.

We know about Bialecki’s history of inconsistencies, contradictions and misleading statements to legislators and the public on casino gaming issues, but this latest round of blatant lies and misdirection takes the cake.  Here’s what State House News reports the Governor’s gaming henchman is telling legislators:

BIALECKI: GAMBLING LEGISLATION MUST ADDRESS ‘TRIBAL GAMING REALITY’
If Massachusetts lawmakers and Gov. Deval Patrick legalize casino gambling, Native American tribes will be “legally entitled to conduct gaming” as soon as they obtain land, Patrick’s economic development chief said Friday in a letter to lawmakers. “Governor Patrick believes that limiting the number of destination resort casinos to no more than three distributed throughout defined regions of the state is the best way to maintain valuable market capacity and maximize short and long-term job creation and economic development opportunities for the entire commonwealth,” wrote Greg Bialecki, secretary of housing and economic development, in a letter to members of the state’s southeastern legislative delegation. “The federally recognized Mashpee Wampanoag tribe in Southeastern Massachusetts will be legally entitled to conduct gaming on their tribal lands upon successful resolution of their land-in-trust application with the Federal government. We believe it is important that any gaming legislation account for and address this tribal gaming reality.” Lawmakers from New Bedford, Fall River and other southeastern Massachusetts communities are urging the administration and legislative leaders to ensure that the tribes receive no favorable treatment in long-anticipated gambling legislation. They argued that favoring the tribes would disadvantage interested developers in other parts of the region and that a tribal casino could get bogged down in litigation, delaying any potential benefits.

What’s so deceitful and absurd about Bialecki’s statements on behalf of Governor “I don’t count every check” Patrick is the suggestion that Indian tribes like the Wampanoag will have the right and will start setting up casinos the minute Massachusetts makes them legal.  The fact is, current federal law and the Supreme Court Carcieri Decision make it illegal for an Indian tribe like the Mashpee Wampanoag to establish necessary lands in trust to set up an Indian casino.

This is not some simple matter of “resolving their land in trust application issue” and Bialecki and the Governor know this.  There is no current resolution pending anywhere for the Wampanoag – just ask the Department of the Interior.  The United States Congress must FIRST draft and pass legislation which would make it legal for the newly recognized tribes like the Wampanoag to take lands into trust for the purposes of creating a reservation on which they could then apply for permission to create a casino. 

Such legislative “fixes” to the Carcieri Decision have been attempted multiple times over multiple years and have failed.  The chances of such legislation passing anytime soon are slim to none as Senators and Representatives from states with established Indian and other gaming operations which would suffer from the new competition have successfully prevented this in the past and have pledged to do so in the future.  Do Bialecki and Patrick really believe New York, Rhode Island and Connecticut lawmakers have any interest whatsoever in helping move legislation that will create economic harm to their states?  The Governor of Rhode Island recent commissioned a study on the economic impact a casino located in Southeast Massachusetts will have on that state’s Twin Rivers casino - specifically for the purpose of having the evidence ready for required Department of Interior reviews to block the Wampanoag's plans. 

Let’s say the Wampanoag’s lobbyists, like Bill Delahunt, are somehow able to magically get this legislation passed and signed into law.  Once that happens the Wampanoag then need to BEGIN (not resolve some existing application in process) the process of securing lands in trust.  There are nearly 2,000 existing applications already ahead of the Wampanoag’s for this purpose at the Department of the Interior.  Further, the tribe would also need to secure a gaming license with significant regulatory hurdles and requirements, one of which is addressing potentially negative economic impact such a license might have on existing business.  On this one point alone, the Governor of Massachusetts (or Rhode Island or Connecticut for example) would be able to block such a gaming operation if it threatened to take jobs or business away from an existing operation.  This land in trust application and gaming license process at best is a 3-5 year process to resolution – with many tribes not receiving permission and others taking 15 years or more to resolve.

The facts are clear.  Bialecki and the Governor are twisting the facts and manipulating the truth when they make representations to legislators that there is an Indian gaming reality pending for Massachusetts.  In fact, the best way to ensure Massachusetts sees no jobs or economic benefits in the near term from approved gaming is to include a tribal preference.   Indian gaming offers no benefits to the state even if after years of legislative haggling and administrative processes the Wampanoag’s are allowed to build their reservation casino complex.   If this very unlikely series of events happens, then the state cannot regulate or influence what happens on Indian reservations in any manner whatsoever.

1.      The state cannot tax or share in their profits (less money for the state). 

2.      The state cannot secure license fees or sales taxes on slot machines sold (again, less money for the state). 

3.      The state cannot tax liquor, food, clothing, hotel rooms or other items sold on Indian reservation casino shopping malls and resorts (less money for the state, lost tax money from existing business and unfair competition resulting in lost jobs and income for local business). 

Why Governor Patrick and his crack casino team think this is a good outcome for the people of Massachusetts is beyond imagination.  Our elected officials understand that non-competitive special interest carves outs like this are bad for the state.  As we truly cannot believe the Governor and Bialecki are simply ignorant of these facts?  Or are they just lying stooges for their Indian gaming and slot machine industry pals and campaign contributors?

David Nunes: One Gambling Addict Massachusetts Can’t Afford

David Nunes with his Crossroads Massachusetts, LLC is the latest player attempting to disrupt the current legislative process to create enabling rules for casino gambling in Massachusetts.  Nunes, an Aspen Colorado resident and developer, is threatening try and game the system with non-competitive slots and preferences for Indian gaming.  He has stretched his Massachusetts connections via Crossroads, LLC lobbying and campaign cash for more than a decade in a desperate attempt to feed a habit of corruption and special preference in his venture to add millions to a personal fortune that is anything but common in the Commonwealth.

Nunes – a purported three-time loser in his attempts to pass casino legislation including special preferences to benefit his narrow interests on the East Coast striking out, most notably, in Rhode Island with mega-partner Donald Trump – is so hooked in trying to cut a deal for his own benefit, he’s spent 13 years trying to game the state.  His lobbying efforts, nearly $100,000 spent in the past three years alone, apparently haven’t paid off sufficiently in spite of tens of thousands in political campaign contributions.  As a result, Nunes is threatening to take his marbles, lose as they may be, and play a different game.  This time dragging the state into a ballot measure process in which only he would be allowed, along with two Indian gaming operations, to open a casino in Massachusetts.

Boldly proclaiming to the Herald, "This is my life insurance policy," Nunes claims he’ll funnel new cash into an initiative process and not let anybody else even compete adding, “If I’m going to spend the money for the initiative, I’m not going to do it so somebody else can win.”   Nunes claims he’ll throw hundreds of thousands of dollars more to gather the thousands of signatures necessary to place his special preference question on the November 2012 ballot.  OK, so will have another year of disruption with some carpet bagging money bags allowed to put a measure on the state ballot that serves no one’s interests other than his own?  Who wouldn’t love to have that kind of dough and gall?

So just who is David Nunes; Why has he spent a fortune, brags he is prepared to spend even more, to support an industry that nearly one-third of Massachusetts residents oppose? Why the special deal for Indian gaming in his brazen and otherwise self-serving ballot tactic?  Send me your dirt, while I start digging.  Somebody this hair brained must have piles under the carpet...