Mashpee Wampanoag tribe financial scandal broadens; Senate legislation still includes Cromwell preference

As Massachusetts Senators wind down ‘debate’ on a Bay State casino gaming bill which includes a special interest preference for the Mashpee Wampanoag, ongoing claims of financial improprieties by tribal leadership are growing.   The Mashpee band of the Wampanoag tribe, led by council chairman Cedric Cromwell, are under fire now for being in default on mortgage payments and failing to repay loans to early investors who backed their lobbying and legal costs for gaining required federal recognition as a tribe – a first step towards establishing an Indian reservation land-in-trust casino complex.

According to a new report in the Cape Cod Times, the Mashpee band owes real estate developer Herb Strather of Detroit more than $25 million.  The report also notes that the tribe is in default on the mortgage for a farm purchased for the tribe by Strather.  Strather is just one of several questionable “investors” in the Mashpee tribe scheme to open an Indian gaming resort complex in Massachusetts.  The Mashpee had also engaged the same South African investors behind the Mohegan tribe – Sol Kerzner and Len Wolman.  Both Strather and Kerzner have past charges of bribery and other claims.  How much is owed to Kerzner and Wolman is unknown as the tribal council has refused to open their financial books to members.  Under Cromwell, the tribe severed its relationship with Strather, Kerzner and Wolman in 2009 when the Mashpee Wampanoag became partners with another foreign gaming syndicate. The tribe owes its current backers, the Genting Group of Malaysia, in excess of $25 million.  Genting’s alleged ties to organized crime and terrorist groups make for a trifecta of corruption ties among Mashpee backers.  Foreign backed investors of Indian gaming and corruption are common according to a Time Magazine report exposing the problems with unregulated, tax-exempt Indian casinos including those of the Wampanoag investors.  Conservative estimates of tribal debts are in excess of $50,000,000 – with no accounting to the tribe of how that money was spent or repayment plans.  Cromwell apparently defaults, literally, to claims of tribal sovereignty anytime he’s questioned about this.

This latest news comes on the heels of reports that tribal elders seeking to recall Cromwell are calling on the Bureau of Indian Affairs to investigate the current council leadership for violating the tribe’s charter, financial improprieties and failing to make public the finances behind their casino related dealings.  Tribe members claim that Cromwell recently filed paperwork to change the tribe’s charter in such a manner that would essentially privatize the group’s casino interests and turn over the ownership to him and other council members.  Cromwell and other council members Aaron Tobey, Mark Harding, and Maria Stone have already established a for-profit real estate development arm called “First Light Corporation” using tribal resources to make real estate purchases associated with their casino endeavors.  Cromwell has reportedly used tribal credit cards to bill thousands of dollars for limousines, meals, travel and lobbying related expenses without any accounting or disclosure to the tribe or state regulators.

What tribe members do know is that Cromwell came to his position, backed by the Genting Group of Malaysia, under clouded allegations of election improprieties.  Cromwell’s tribal membership, which he gained only in 2006, qualifications have been questioned.  Cromwell had personally defaulted on his home mortgage and had liens for unpaid utilities prior to taking his new position.  Yet, today he apparently has a new unencumbered mansion on Cape Cod, membership records are locked away from prying eyes and his personal financial problems are no longer making newspaper headlines.

Massachusetts elected officials, led by Senator Therese Murray and Governor Deval Patrick, have taken hundreds of thousands of dollars in campaign contributions from the foreign money backed lobbyists behind the Wampanoag scheme.  They are paying back those lobbyists, like Bill Delahunt, with a special set-aside that ensures the Mashpee Wampanoag and no other tribe will gain exclusive and tax-free gaming rights to 1/3 of the state.  That this political scandal continues unchecked is beyond imagination.  That the Commonwealth’s financial and job needs are being put behind the interests of a small special interest group with such a long history of corruption and improprieties is immoral and criminal.

Wampanoag financial backers a terror funding source?

How sadly ironic as we prepare for the 10th anniversary of the 9/11 terrorist attacks and its tragic ties to Boston to learn that Massachusetts politicians like Deval Patrick, Therese Murray and Karen Spilka have been taking campaign contributions from lobbyists on the payroll of a Malaysian gambling syndicate interests now accused of funding and associating with Islamic extremist and terrorists on U.S. watch lists - according to a report in the Florida Clarion.


Genting Malaysia, the money behind Cedric Cromwell and the Mashpee Wampanoag casino scheme, is accused by the Clarion investigative report of a disturbing pattern of mult-imillion dollar payments to Islamic extremist organizations and affiliations with individuals and groups on U.S. terrorist watch lists.

"Genting executives told Senate investigators at the time that the millions of dollars funneled to various Islamic extremist organizations known to finance jihad were made under direst and viewed as a cost of doing business for a Chinese businessman in heavily Islam-run Malaysia. Investigators had reason to be skeptical when photos of K.T. Lim and North Korean dictator Kim Jong-il surfaced. The Senate investigators also obtained photos of Lim socializing with at least two Islamic figures wanted by the United States for terrorist activities."


Perhaps Governor Patrick should have been "counting every check" when the Boston Globe reported earlier this year that he'd failed to keep his pledge on casino campaign cash coming from groups lobbying on behalf of the Genting-financed Mashpee Wampanoag.  Therese Murray's "Ca-ching" statements after receiving more money from gaming lobbyists than any other state legislator have a less appealing tone knowing it was Genting cash laundered through the Mashpee Wampanoag and their lobbyists.

Worse than the funding source is Murray and Patrick's proposed, lobbyist written special interest gaming legislation for Massachusetts which turns over control of Southeastern Massachusetts to Genting (the de facto owners of the Mashpee Wampanoag tribe since the tribe is now more than $25 million in debt to the Malaysian syndicate).  Genting will take the first slice of any of the un-audited, un-regulated and tax-free casino profits from the Governor's proposed Indian-only gaming zone in Region C.  If past foreign-financed Indian casino schemes are any indicator, Genting will funnel somewhere between $300 to $400 million tax-free a year out of Massachusetts to their Malaysian bank accounts.  The same bank accounts which apparently have been used to get Wampanoag and lobbyist campaign contributions into the hands of Massachusetts politicians while simultaneously giving tens of millions of dollars to extremist groups linked to global terrorism.

Another troubling claim in the report include Genting business links with Chinese organized crime triads.  Under the proposed legislation, the finances and background of all groups seeking gaming licenses in the state will be under investigations to ensure no organized crime or hints of corruption exist.  However,  if the Governor's scheme goes through, the Mashpee Wampanoag will be exempt under federal Indian gaming rules from any state-related background investigations or oversight.  Here is what the Clarion had to say about Genting's organized crime connections:

"Senate investigators were also interested in K.T. Lim’s relationship with Stanley Ho, the Asian casino magnate who has been identified as a member of the Chinese Triad, the Chinese crime organization, by the U.S. Justice Department and by the Royal Canadian Mounted Police. Ho has been denied a casino license in every jurisdiction except in Macau and North Korea. Genting has refused to address their business dealings with Ho and his company Shun Tak Holdings Ltd."


It doesn't take a a forensic accountant to perform basic due diligence on the Mashpee Wampanoag financiers.  Given the tribe's wretched recent history of convictions on fraud and political corruption charges one would think the Commonwealth's leadership would be paying just the slightest bit of attention to this issue and Genting's history of involvement in Indian gaming in the U.S.  For example, the Clarion reports:

• "Genting made millions of dollars as the money-men behind two controversial Indian Casino gaming developments in the Eastern United States. In both cases, Genting operations were directed by G. Michael Brown, a former New Jersey Attorney General who was later charged with embezzlement and cocaine use...."  Strike One!
  
  
• "Genting was the financier of the Seneca Niagara Casino Hotel in Niagara Falls, New York. Genting charged the tribe an exorbitant 28 percent interest rate, potentially in violation of the Indian Gaming Regulations under the Bureau of Indian Affairs. Genting also stayed in the deal for almost 15 years when they were legally limited to five. Seneca Tribal Council members have testified that armed Chinese thugs showed up to collect Genting’s money when tribal lawyers pointed out that Genting was violating the law..."   Strike Two!

This latest revelation of funding and other ties to terrorists groups should be strike three. All of this is public record information.  Isn't it time we put the breaks on the special interest plans to set-aside Southeastern Massachusetts for any non-transparent, non-tax paying, non-competitive casino development schemes?

Hey Governor Patrick! Are the Globe, Ledger and South Coast Today all wrong?

The Boston Globe, Quincy Patriot Ledger and South Coast Today have all editorialized that the gaming legislation proposed by Governor Deval Patrick and Senator Therese Murray is a flawed special interest give-away that’s a bad deal for the Commonwealth.   Yet this lobbyist written legislative scheme was voted out of the Joint Committee on Economic Development and Emerging Technologies headed by Senator Karen Spilka (D-Ashland) and Representative Joseph Wagner (D-Chicopee).   It should surprise no one that Senator Spilka and Representative Wagner join Governor Patrick and Senator Murray on the list of top recipients of campaign contributions from lobbyists representing the Indian gaming and slot machine industries.  What is surprising is that so few Senators or Representatives are speaking out against this special interest give-away at the taxpayers’ expense.

What do the local newspapers have to say?

Boston Globe: Casino bill deeply flawed; rank & file should kill it

“Any casino legislation should also provide a level playing field for would-be operators. Instead, under the current proposal, Native American tribes would have a one-year head start for the license designated for Southeastern Massachusetts. It effectively amounts to a no-bid contract for the Mashpee Wampanoag…  carving out a special process for a group with strong lobbying muscle remains problematic. Patrick opposed no-bid contracts in negotiations last year - and shouldn’t have shifted now.”

South Coast Today: Cards stacked against Southeastern Massachusetts

“While western and northern Massachusetts get to start clean in seeking the best option for casinos there, Southeastern Massachusetts will operate with a big handicap: a pledge to allow Indian tribes a year to work out their own deals with partners of their own choosing. And that means the interests of the region as a whole and of everyone who lives here come after the financial interests of the tribes. That's not comforting, especially considering how badly Mashpee Wampanoag tribal leaders treated the town of Middleboro, which they wooed as a mate previously in a plan to land a resort casino, then spurned for another pretty face when Fall River came knocking with a dowry of ready-to-develop acreage that UMass Dartmouth had been promised for the new biotech park the region had been pushing for years. The tribe is thrilled with the gambling bill and wants to do business with a Malaysian company, Genting. The tribe would first have to find land and work out a gaming compact with the governor… In short, if this legislation is approved, Southeastern Massachusetts is left to wait at least a year while the two tribes sort out their legal challenges and the Mashpee tribe tries to convince people that it should be trusted with developing the region's one and only casino… If casino gambling is to be a benefit to Massachusetts, it must do more than send a share of gaming receipts to the state treasury. It must foster growth beyond its own property boundaries or it will do more harm than good. It is hard not to wonder whether or not Patrick, DeLeo and Murray took that into consideration when they locked the doors and made Southeastern Massachusetts play a hand from a deck stacked against it.”

Patriot Ledger: Yes to casino bill, with some changes

“The bill creates a preference for giving an Indian tribe in Southeastern Massachusetts the casino license for the region… The Mashpee Wampanoags have been trying for years to open a casino in Middleboro or elsewhere in Southeastern Massachusetts. Requiring them to acquire land, get clearance from federal authorities and work out a compact with the state by July 31 of next year borders on the impossible. The time limit will almost certainly be challenged in the courts and could delay for years the opening of any casino in Southeastern Massachusetts and perhaps elsewhere in the state. This needs to be changed.”

Change is needed.  It’s time for our elected officials to say where they stand:

Are you for turning over Southeastern Massachusetts’ economic opportunity to a Malaysian gambling syndicate partnered with a corruption-tainted Indian tribe who will pay no taxes or fees, delay job creation and remove local controls over law enforcement and zoning?

Or,

Are you for transparent, regulated, tax-paying developers who can be trusted to enter into legally binding agreements with local communities paying off for the state treasury and jobs as soon as possible?

Governor Deval Patrick and Greg Bialecki – masters of misdirection and deceit

Greg Bialecki says Indian gaming is inevitable in Massachusetts if the state legalizes gambling.  Governor Deval Patrick insists carving out the Southeastern corner of the Commonwealth is the only way to protect the state from this inevitability.  Really?    

Let’s put aside the fact the Mr. Bialecki has now defined “inevitable” as Mashpee Wampanoag-only gaming (by his and the governor’s initial rationale for including his set-aside preference language  to legislators this bill should cover all the federally recognized tribes with any potential to someday get land in trust for a casino).  And, let’s put aside the fact that current law, defined by a Supreme Court case (Carcieri v. Salazar) prohibits this from happening absent an act of Congress changing said law. 

With all the Harvard law degrees in the Patrick Administration one would think they might at least have a cursory familiarity with the headline making news in other gaming states where Indian casino applications from federally recognized and eligible tribe are being summarily rejected by the Department of Interior.  A minor legal impediment called the Indian Gaming Regulatory Act (IGRA) and those administering it at the Department of Interior’s Bureau of Indian Affairs will determine whether or not any tribe will be granted land in trust for the purposes of casino and other developments. 

A key provision under IGRA is that the governor of a state has veto power over the land into trust acquisition.  If Governor Patrick or any future governor views Indian gaming as a risk from which we need to be protected he has the power to prevent it in Massachusetts. 

Sec. 2719. Gaming on lands acquired after October 17, 1988: The Secretary, after consultation with the Indian tribe and appropriate State and local officials, including officials of other nearby Indian tribes, determines that a gaming establishment on newly acquired lands would be in the best interest of the Indian tribe and its members, and would not be detrimental to the surrounding community, but only if the Governor of the State in which the gaming activity is to be conducted concurs in the Secretary's determination.

The Governor clearly has some other agenda in mind and it doesn’t include the people’s interest.  Legislators from Southeastern Massachusetts “the surrounding community” oppose an unregulated, tax-exempt Indian casino complex and other regional tribes oppose the Mashpee-only plan.  Other IGRA requirements for allowing new lands in trust for Indian gaming include having BOTH a modern and historical connection to proposed casino site.

Let’s see how BIA and the courts have dealt with a few recent applications, after years of review and administrative procedures that our local band of would be casino kingpins in Mashpee will just begin if the Governor’s legislation is passed:

·        September 2011 – Guidiville Pomono Tribe casino plans for Richmond, CA – REJECTED. (Reasons: lack of support of the California Governor, lack of both historical AND MODERN connection to proposed site, opposition from other tribes.)

·        September 2011 – Jemez Pueblo Tribe casino plans for Anthony, NM – REJECTED. (Reasons: distance from tribe and opposition from other tribes in proximity)

·        August 2011 – Tenth Circuit affirms BIA rejection of Miami Tribe casino plans for Kansas City, MO – REJECTED. (Reasons: concerns over fractionation of land and long range interests of landowners.)

·        February 2011 – Stockbridge-Munsee Mohegan Tribe casino plan for Bridgeville, NY – REJECTED (Reasons: viability of proposal and lack of ability to legally take land in trust under current law)

How do we think the administrators at IGRA will feel about the Masphee Wampanoag tribe application?

·        Ability to govern? Hmm, history of tribal leadership convictions on fraud, corruption and other nefarious charges.   Financial backing from a foreign gambling syndicate with ties to Chinese Triad organized crime.  Might not be a good resume for good government.

·        Modern connection to proposed site?  Even the current Mashpee tribe chairman Cedric Cromwell lacks a modern connection to Mashpee, what possible current day connections can the Mashpee claim to Raynham, Middleboro, Foxboro, Fall River or the other “off reservation” (if they even had a reservation) sites they have planned?

·        Economic impact on and support of other tribes?  We already know the Rhode Island Narragansett tribe has plans for neighboring Twin Rivers and will oppose.  The Aquinnah Wampanoag are asserting their rights (and they are the only federally recognized tribe in Massachusetts with land in trust on which they could legitimately argue for a right to gaming).  Of course the Mohegan’s who want another casino in Palmer, MA will not want Mashpee competition.  The Pequots at Foxwoods will have their say.   Doesn’t look good on that front either. 

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.

Is Cedric Cromwell the Mashpee’s Manchurian Candidate?

How did Cedric Cromwell a lifelong resident of Dorchester and Attleboro become Mashpee Wampanoag Chairman from otherwise obscurity to the tribe and Wampanoag people’s community in Mashpee?  Just last Saturday he was reported raising a celebratory toast at the Willowbend Country Club along side of Senate President Therese Murray and former Congressman turned lobbyists Bill Delahunt on their victorious legislative scheme to create a tax-free, non-competitive haven for Indian-only gaming in Southeastern Massachusetts.  It begs the question, was Cedrick planted there on behalf of deep pocketed, behind the scenes foreign gambling syndicates to do their bidding funneling billions of dollars in tax-free slot machine income out of Massachusetts into overseas bank accounts?

His “membership” in and history with the tribe is vague at best.  He appears to have come on the scene with his name on formal rolls only around 2006.  This coincides with significant investments in the tribe by overseas backers, the likes of which Time Magazine reported were “helping” tribes establish membership with their own genealogists as part of efforts to secure tribal status for the sole purposes of creating tax-exempt Indian gaming operations.

Tribal elders certainly hold no fond sentiments or recollections of either Cedric or his maternal family ties to the tribe.  Cromwell derives at least 50 percent of his genealogy from his father’s Nova Scotia, Canadian birthplace so his claims to Wampanoag ancestry come via his mother, Connie “Lone Eaglest” Tobey.   Via this line his Wampanoag “blood” ties are 1/40^th at best.  In fact, several elders have claimed Connie’s family were descendants of former African slaves who took on the Mashpee Tobey family name in relative recent history with questionable Native American genealogical evidence at best.   However, Lone Eaglest and her relatives took control of the tribal genealogy and membership records during the election which brought her son Cedric to power and have locked them away from view of questioning tribe members ever since.

It wouldn’t be the first time someone in the Wampanoag leadership turned from one race to another lured by overseas gaming syndicate dollars.  One of Cedric’s tribal council chair predecessors Glenn Marshall was fighting for local Portuguese-American rights before he too found his niche in the lucrative gaming Indian  ancestral scheme.  Marshall, of course, was found guilty of fraud, rape and various other crimes associated with the Wampanoag Indian gaming ventures so perhaps he’s not the best role model if we’re to give Chairman Cromwell any benefits of the doubt - and doubts there are many. 

But how Cedric Cromwell became a member of the Mashpee Wampanoag, let alone Council Chair, of what Governor Patrick is now helping become a multi-billion dollar casino enterprise is a miraculous mystery indeed.  Cedric certainly didn’t rise to his position of power and influence from any record of stellar previous accomplishment.  His lowly roots as an IT administrator with a financial services company with only an Associates’ degree from a local community college isn’t what one would highlight as a calling card to the tribe begging them to call him into service.  In fact, prior to securing his tribal chairman role and financing from the Malaysian gambling syndicate Genting, Cedric was in default on his mortgage, taxes and utility bills.  Again, not what one looks for in the leader of a community in need of financial acumen and integrity. 

Perhaps it was his strong ties to the Mashpee community and prior service to the tribe?  Again, tribal elders don’t recall Cedric, let alone his mother Connie, being part of the local Pow Wows or other activities until right about the time promises of casino gold started to appear.  In fact, a requirement of tribal membership is having documented “vital records” showing “tribal community involvement” for a minimum of twenty years.  Further, the membership requirement includes residency “near Mashpee” which is specifically defined as within 20 miles.  (Mashpee Ordinance 9/21/2006, 1-2)

However, not only are there no “vital records”  showing community involvement prior to Cedric’s name being added to the tribe’s formal census, there are vital records proving he did not and still does not meet the residency requirements.  Cedric’s mother Connie left the Mashpee area and any association with the local tribe at the age of five.  She moved to Boston, married James Oliver Cromwell of Nova Scotia and raise Cedric and brother Craig in the Dorchester neighborhood (60-plus miles from Mashpee).  Even after finding his native ancestral roots, Cedric moved from Dorchester to Attleboro (also more than 50 miles from Mashpee) where he lives today.  His brother, by all accounts not a registered member of the Mashpee Wampanoag, and mother still reside in Dorchester.

So, how does someone with a highly questionable, 1/40^th at best claim of Native American ancestry, with no documented evidence of association with or even residential proximity to a newly recognized Indian tribe rise in less than a few years to become the go-to-guy for Governor Deval Patrick and Massachusetts Senate President Therese Murray to tap into tens of thousands of dollars in campaign contributions and lobbyist cash from the tribe? 

If you ask the tribal elders they’ll tell you – Cedric Cromwell is Genting’s Manchurian Candidate positioned to do their bidding.  Only unlike the movie, Cedric wasn’t brainwashed into his role, he appears to be happily complicit up to his neck in this scheme which will leave the Wampanoag people riddled with debt and the Commonwealth of Massachusetts robbed of otherwise taxable casino income.

Goodnight Tropical Storm Irene; Good morning Hurricane Cedric

The damage and mess from Irene we awake to tomorrow morning may cause us to rethink where and how we build near the shore and along overflowing rivers.  Utility trucks will move in to restore services, insurance companies will swarm the area to make estimates and start the process of bringing back normalcy to the storm ravaged Commonwealth.

Lest we be too distracted and relieved that the damages and tragic losses weren't worse, a new storm is brewing and when this one passes through there will be no way to fix its damage to Cape Cod, the Islands and Southeastern part of Massachusetts.   And the cause of this storm won't be global warming or unavoidable confluences of tropical depressions.  The cause of this damage wreaking is simple - greed, ignorance and corruption.  Lobbyists fueled by overseas investors and slot machine companies have stuffed campaign cash into the pockets of Governor Deval Patrick, Senator Therese Murray and others in the legislature who see fit to legislate a no-bid, non-competitive special carve out for a casino which will operate outside of any state rules or controls and in the words of tribal leader Cedric Cromwell "crush the competition" by paying no taxes or fees.

Following Hurricane Cedric we will have no recourse, no recovery, no  rebuilding.  The estimated billions of dollars Massachusetts residents spend in a Wampanoag casino will not flow back into state coffers but head overseas tax-free to Malaysian gambling giant Genting's bank accounts.  Tribal leaders like Cedric will continue to pocket six figure salaries, but the tribe will simply sink further into debt.

All because Governor Patrick and Greg Bialecki say Indian gaming is an inevitability and because Mashpee Wampanoag chair Cedric Cromwell asserts his 12,000 year ancestral right to open a casino.  Neither claim is true.  No tribe has opened a new casino with new land in trust without the support of the state in which they operate.  While many of those states now (California and Minnesota for example) wish they hadn't approved such deals, the Wampanoags could never open a casino without the complicity of the Massachusetts Governor and legislature.

Why would they delay jobs we could have today?  The Wampanoag still have to get federal laws changed and stand in a very, very long line while overcoming administrative hurdles required by the Department of Interior not just to take lands into trust but to then secure federal licenses required for creating a casino complex.

The language of the Governor's special interest bill before the legislatures DOES NOT say the Wampanoag's only have a year to accomplish this unlikely scenario at which time the bidding will be open to competition for a Region C casino.  The language, probably written by someone like Wampanoag lobbyist Bill Delahunt, only says after one year if the appointed commissions determines that the tribe will not get land in trust can they open up the region.  This language makes it open for the commission to allow the Wampanoag any number of years to continue to lobby and push for land in trust legislation and permissions as long as they believe the "may someday" get land in trust and permission to open a casino.

Why the special treatment for a group which will pay no taxes and remove local controls over zoning and law enforcement?   The state of Rhode Island is already preparing to fight the Wampanoag casino because their governor knows he can use federal rules requiring Indian casino's proposals must demonstrate no negative economic impact on other existing jobs or industries in the region.   So Rhode Island will be fighting to block Indian gaming in Southeastern Massachusetts, localities and other developers are already threatening lawsuits.   Hurricane Cedric's damage will be felt here for years, long after Governor Patrick is gone but sitting on a nice bank account filled with special interest campaign cash.

David Nunes - The Casino Man!

The first casualty of addiction, like that of war, is the truth. One traveling salesman, among many, tells the tale of what we can expect over the coming weeks as special interests try to push bad gaming legislation through the Massachusetts State House.

At first it seemed that David Nunes, the self-styled multi-millionaire operating from a post office box in Aspen Co., was simply another carpet bagging developer who came strolling through the state some 12 years ago with his Harold Hill “Music Man” scam of promises to make millions of dollars for any and all who bought his shtick. Of course to anyone wary of swampland real estate salesmen it was clear he wasn’t selling facts. His blustering zeal with which he made his claims suggest he was even lying to himself.

That was then, this is now.

Today’s read in the Boston Globe confirms what many in the Commonwealth have long suspected: David H. Nunes a full-blown addict in search of casino gold incapable of telling the truth not only to himself, but most important to the taxpayers of Massachusetts.

“If this is a straight-up competition about which location will produce the highest returns for the Commonwealth, there is no doubt in my mind that our site will deliver’’.

Well David Nunes’ mind is a fantastical place to which he should sell time shares to other Don Quixote windmill tippers. Follow him at your own risk. Nunes is emblematic of the special interests seeking to manipulate the legislative process for personal gains that do nothing for the Commonwealth’s financial interests, job growth or local community support. They’ll say anything to excite their audience – in this case our state legislature – into a frenzy to act without full deliberation or thought.

This is Nunes today floating his “boon for the economy” trial balloon responding to the smoke filled backroom agreement the legislature reached with no public input yesterday on a proposal to bring casino gambling to the state.

If Massachusetts got a dime for every time David Nunes, Cedric Cromwell or the other casino king wannabees, who bent the truth for their own selfish purposes, nobody would be talking about casinos or gambling. Nunes’ gaffes alone would balance the budget. Nunes may not have the billions (or millions) to back up his bluster like the Asian gaming syndicate hiding behind the Wampanoag, but he certainly sells a good story.

The fact is there is nothing straight up about any of the competition Nunes or the Mashpee Wampanoag and Genting cabal wants, because they want no competition at all.

As has been reported here, Nunes claims he is prepared to spend millions to game the system with non–competitive bids and special preferences. The slot industry and Indian gaming groups already have spent their millions – which have paid off in round one with the Governor and Therese Murray’s special-interest laden bill being pushed down the throats of our elected representatives as a done deal.

And if that doesn’t work, well we can count on Nunes to keep threatening to delay, derail and otherwise obfuscate this process until somebody (probably Genting) pays him to go away. Who can forget his brazen threats from earlier this month about launching his statewide initiative? About 50 cards short of a full deck, it’s a one of a kind, openly rigged process that bars competition and ensures he cleans up on his way out of town. “If I’m going to spend the money for the initiative, I’m not going to do it so somebody else can win.”

Spoken like a true addict who has never met the truth. The lobbyists got money in the Governor’s bill to help protect racehorses, perhaps they should put in a few bucks for addiction recovery services as well.

But it gets worse.

Do a little digging and you’ll find more proof of a deluded addict who will do anything to earn a buck?

An acquaintance claims Nunes’ business skills consist of talking his way into high-powered firms only to be fired a short time later. Easy money.

Then there is there is the old “bait and switch” approach – or more appropriately in Nunes’ case “bait and tackle”.

Among the many companies Nunes owns there is Ajax Gaming Ventures. It sounds an awful lot like the Trump owned business of the same name, with one key difference:

David Nunes’ Ajax Ventures shares its street address with a bait and tackle store….and/or it used too. Ajax Ventures. A powerhouse -- run out of a Post Office Box? Kinda like Cedric Cromwell’s “powerhouse” and “crush the competition” position of being in default on his home mortgage before his cash savior Genting bailed him out.

So who can believe David Nunes when he talks about what’s good for the Commonwealth. Cedric Cromwell claiming his 12,000 year ancestral right to open a casino? How is it our state legislature is being held hostage to the self-interests’ of snake oil salesmen like these? Well, to steal a phrase from H.L. Mencken, “Nobody ever went broke underestimating the intelligence of Massachusetts politicians.”

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.

Deal cut & Gov’s latest scheme to circumvent no-patronage and no-bid contract pledges

"My objection there was that those were no-bid contracts," Patrick is reported as saying in the Boston Herald. "I am not going to support no-bid contracts. That’s not going to change."  That’s plain malarkey and misdirection, again, from Governor “too slick for it to stick” Patrick.

This is clearly just a play with words and another hollow pledge like his continually broken promise to not take money or have meetings with casino lobbyists.  Patrick’s new pledge and his assertion that oversight would be “above politics” will be null and void with his reported “closed door” deal struck with Indian gaming and slots lobbyists for tribal preference carve out.  You’ll note the Governor says only “one competitively bid slot parlor” while keeping the door open for multiple racetrack slots.  Anyone following these shenanigans knows this is simply code that some deal has been cut between the Governor and Senate President Therese Murray with Speaker DeLeo. 

You see Deval Patrick  and Therese Murray wanted a set aside for the Wampanoag (and thus his pal Doug Rubin and the slot machine companies whose lobbyists funnel cash to Patrick for his higher office political ambitions) who are now dealing with the Raynham Racetrack with their Malaysian financial backers.  To quote Therese Murray – “Ca-ching!”  Because, this likely takes care of Speaker DeLeo’s Suffolk Downs constituents but really means no-bid contracts and nothing but patronage for Cedric Cromwell’s gang on the South Shore while the Governor can still pay-off his promises to Rubin and the other lobbyists whose companies and off-shore interests benefit from this deal.

Patrick claims, "We need appointees who are above politics, whose ethics rules are even more rigorous than the reformed rules we put in place a couple of years ago. I think they need to be adequately compensated. I think they need to have appropriate oversight -- independent, yet appropriate oversight."

Yet, this or any de facto tribal preference setting aside “slot parlors” for racetracks or any Indian gaming in Massachusetts would be out of the purview of any state established oversight.  Further, the concept of any set-aside or preference negates the principal of “no bid” contracts for any Massachusetts gaming operation.  By setting aside “slots in boxes” for racetracks or other operations by tribal gaming groups, the governor guarantees no competition for gaming on those or nearby potential properties.  So what will it be Governor?  Will we be reading in the Globe or Herald again, like with your repeated casino lobbyist contributions and meetings, that this pledge is broken?  The problem is another too cute for school trick of words here by the Governor as the assurance is meaningless from the start.

Even the dimwitted Scott Harshbarger sees through these schemes noting, “The secret, ongoing negotiating sessions” among the governor and legislative leaders.  Harshbarger added, “Legislative leaders and the governor need to have this debate in the light of day and must openly address the many issues that have changed since the last true analysis of casino impacts was done - from economic costs and benefits to public safety, law enforcement and regulatory structures.  Ramming through a misguided proposal with little true debate will only worsen public mistrust in state government.”

We’re told gaming is a done deal in Massachusetts so we should just shut up and take it.  Why should we be forced to take the worse deal?  Will this “done deal” plan will be presented and rammed through the legislature without even as much as an evaluation of its downsides when compared to a simple, fully competitive and open opportunity to get the best possible deal for the state and people alike?  

Massachusetts casino gaming with a tribal preference – do our elected officials understand what they’re doing to us?

Lobbyists for Indian tribes, financed by their backers in Malaysia and South Africa, along with the lobbyists for the slot machine and video poker companies have been paid millions of dollars and have funneled hundreds of thousands more in campaign cash to state legislators to make sure special tribal preference language is part of Massachusetts gambling legislation.  They’ve impressed upon our politically correct elected officials that we owe this to the disenfranchised Native Americans living among us.  What’s really behind this scheming?  

The Massachusetts Indian tribes, mainly the Mashpee Wampanoag, need this special carve out because they currently don’t qualify to set up an Indian casino and need this tribal preference to hold off any competition until such a time as they’re able to overcome all the various hurdles they face.  Previous Massachusetts gaming legislative proposals mistakenly believed they could force the tribes to pay fees and share revenues – something the Supreme Court and Indian Gaming regulatory authorities have clearly said cannot be enforced.  Once a tribe like the Mashpee Wampanoag qualifies under federal law, they won’t need any state permission or legislation to set up a casino.  The Mashpee Wampanoag and their financial backers from Malaysia know this and their position was made clear by the tribe in 2010 telling the media:

If the Mashpee tribe does not get the (sole, non-competitive) commercial license in this part of the state, it will compete head-on with the company that does, Tribal council chairman Cedric Cromwell said. "If we have land into trust, we could do class II gaming and not give (the state) a dime.” Adding, “We will destroy the competition, because we won’t pay licensing fees or taxes and we will provide a great player experience with more wins.”

“Great player experience with more wins” is code for more, unrestricted slot machines.  And, the slot machine and video poker companies are big players here.  These companies, like the one represented by former Deval Patrick aid Doug Rubin, benefit more from Indian casino operations than state regulated non-Indian casinos – selling slot machines at $10,000 to $30,000 apiece and up means more than $100 million in sales for each Indian casino like Foxwoods.  Slot limits, sales taxes and licensing fees required by the state when slot companies sell to non-Indian casinos makes those much less attractive and less lucrative than Indian gaming operations which are free from such messy restrictions and costs imposed by the state.

Governor Deval Patrick, Senator Therese Murray and these gambling lobbyists hope we’re not paying attention to the details and costs for the Commonwealth, our local communities and the people of Massachusetts if this special interest carve out is included in the legislation which is expected to be presented to the legislature this September.  We are paying attention and suggest that our elected officials in the State Legislature pay heed as well.

A tribal preference, no matter how crafted, will mean three simple things: 1. Less revenue for the state budget; 2. Longer wait for desired development and casino jobs; and 3. Loss of local jurisdiction and controls for the impacted communities.  Who benefits?  Just the tribe’s foreign financial backers and the slot machine companies.  We’re watching.