The memorandum summarizes a request from the Kansas Lottery Gaming Facility Review Board for additional information about two competing casino applications in Kansas. Specifically, it provides details about 1) drainage and flooding issues at the proposed sites, 2) local approvals and endorsements for the sites, and 3) the experience of one applicant, Peninsula Gaming, with regulatory bodies in other states where criminal charges have been filed against the company and its executives related to campaign contributions. It concludes that the significant risks associated with approving Peninsula's application, including possible disqualification or inability to finance the project, outweigh any potential benefits over the other applicant, Global.
The document notifies James J. Bickerton that his public records request regarding emails, correspondence, and plans related to the Waikiki War Memorial Natatorium between November 2011 and the present has been received and will be granted in its entirety. The requester is responsible for any fees and the records will be available for immediate pickup.
Community Health Alliance's amended lawsuit against its former employeeThis Is Reno
James Fleming, who is being sued by his former employer, the Community Health Alliance fired back at the health nonprofit in court filings last week.
He denies wrongdoing and accuses CHA of interfering with the federal investigation into Fleming’s allegations that CHA committed fraud.
Fleming filed a response to CHA's complaint Feb. 4 after CHA applied for a temporary protective order seeking to prevent Fleming from talking about CHA negatively. CHA also filed an amended complaint that removed most mentions of Reno city council member, also CHA’s CEO, Oscar Delago.
The memorandum recommends that the City Council support and approve the Texas Opioid Abatement Fund Council and Settlement Allocation Term Sheet. This would provide the City of Alamo Heights with an initial $28,198 from the opioid settlement funds. The term sheet establishes a Texas Opioid Council to oversee allocation of settlement funds for approved opioid abatement purposes according to guidelines in the settlement agreement. Staff recommends the Council authorize acceptance of the term sheet and adopt its allocation method for opioid settlement proceeds.
Discriminatory Use of Criminal & Eviction Records in Rental ApplicationsEGDunn
The document discusses how denying rental housing applications based on criminal or eviction records can disproportionately impact protected classes like people of color and women. While safety and financial responsibility are legitimate concerns for landlords, simply rejecting applicants with any criminal or eviction history may not be justified and could violate fair housing laws by having an unjustified disparate impact. The document argues landlords must consider individual circumstances of an applicant's criminal or eviction history on a case-by-case basis to avoid unfairly discriminating against protected groups.
1) The defendants filed a notice of proposed mediation order with the court to schedule mediation for the case of Traian Bujduveanu v. Dismas Charities, Inc. et al.
2) The proposed mediation order schedules mediation for November 1, 2011 at 10:30am at the offices of Lance Wogalter, P.A. in Boca Raton, Florida.
3) The order requires all plaintiff and defendants to appear for court ordered mediation on that date to mediate the matters in this case.
Defendants dismas charties. inc.. ana gispert, derek thomas and adams leshota...Cocoselul Inaripat
1) The defendants filed a notice of proposed mediation order with the court to schedule mediation for the case of Traian Bujduveanu v. Dismas Charities, Inc. et al.
2) The proposed mediation order schedules mediation for November 1, 2011 at 10:30am at the offices of Lance Wogalter, P.A. in Boca Raton, Florida.
3) The order requires all plaintiffs and defendants to attend and mediate the matters in dispute.
9/10 SAT 8:30 | Land Use Law Update - What's NewAPA Florida
Marcie Oppenheimer Nolan
Nancy Stroud
James E. White
Johanna M. Lundgren
This session focused on the recent state and federal cases impacting daily activities of planners, focusing on “hot button” land uses which involve layers of local, state and federal regulations,
and emphasizing the needs of local government planners in understanding the legal constraints on the treatment of certain land uses. Planners also learned best practices for addressing locally unwanted land uses (“LULUs”) such as “pain clinics”, halfway houses and rehabilitation centers and “big box” commercial uses that pose significant compatibility issues and challenges
for local governments.
This document is a notice of filing a proposed mediation order in a case between plaintiff Traian Bujduveanu and defendants Dismas Charities Inc., Ana Gispert, Derek Thomas, and Adams Lashanda. It notifies the court that the defendants have filed a proposed order setting mediation for this case on November 1, 2011 at 10:30am at the offices of Lance Wogalter, P.A. in Boca Raton, Florida. The proposed order is attached.
The document notifies James J. Bickerton that his public records request regarding emails, correspondence, and plans related to the Waikiki War Memorial Natatorium between November 2011 and the present has been received and will be granted in its entirety. The requester is responsible for any fees and the records will be available for immediate pickup.
Community Health Alliance's amended lawsuit against its former employeeThis Is Reno
James Fleming, who is being sued by his former employer, the Community Health Alliance fired back at the health nonprofit in court filings last week.
He denies wrongdoing and accuses CHA of interfering with the federal investigation into Fleming’s allegations that CHA committed fraud.
Fleming filed a response to CHA's complaint Feb. 4 after CHA applied for a temporary protective order seeking to prevent Fleming from talking about CHA negatively. CHA also filed an amended complaint that removed most mentions of Reno city council member, also CHA’s CEO, Oscar Delago.
The memorandum recommends that the City Council support and approve the Texas Opioid Abatement Fund Council and Settlement Allocation Term Sheet. This would provide the City of Alamo Heights with an initial $28,198 from the opioid settlement funds. The term sheet establishes a Texas Opioid Council to oversee allocation of settlement funds for approved opioid abatement purposes according to guidelines in the settlement agreement. Staff recommends the Council authorize acceptance of the term sheet and adopt its allocation method for opioid settlement proceeds.
Discriminatory Use of Criminal & Eviction Records in Rental ApplicationsEGDunn
The document discusses how denying rental housing applications based on criminal or eviction records can disproportionately impact protected classes like people of color and women. While safety and financial responsibility are legitimate concerns for landlords, simply rejecting applicants with any criminal or eviction history may not be justified and could violate fair housing laws by having an unjustified disparate impact. The document argues landlords must consider individual circumstances of an applicant's criminal or eviction history on a case-by-case basis to avoid unfairly discriminating against protected groups.
1) The defendants filed a notice of proposed mediation order with the court to schedule mediation for the case of Traian Bujduveanu v. Dismas Charities, Inc. et al.
2) The proposed mediation order schedules mediation for November 1, 2011 at 10:30am at the offices of Lance Wogalter, P.A. in Boca Raton, Florida.
3) The order requires all plaintiff and defendants to appear for court ordered mediation on that date to mediate the matters in this case.
Defendants dismas charties. inc.. ana gispert, derek thomas and adams leshota...Cocoselul Inaripat
1) The defendants filed a notice of proposed mediation order with the court to schedule mediation for the case of Traian Bujduveanu v. Dismas Charities, Inc. et al.
2) The proposed mediation order schedules mediation for November 1, 2011 at 10:30am at the offices of Lance Wogalter, P.A. in Boca Raton, Florida.
3) The order requires all plaintiffs and defendants to attend and mediate the matters in dispute.
9/10 SAT 8:30 | Land Use Law Update - What's NewAPA Florida
Marcie Oppenheimer Nolan
Nancy Stroud
James E. White
Johanna M. Lundgren
This session focused on the recent state and federal cases impacting daily activities of planners, focusing on “hot button” land uses which involve layers of local, state and federal regulations,
and emphasizing the needs of local government planners in understanding the legal constraints on the treatment of certain land uses. Planners also learned best practices for addressing locally unwanted land uses (“LULUs”) such as “pain clinics”, halfway houses and rehabilitation centers and “big box” commercial uses that pose significant compatibility issues and challenges
for local governments.
This document is a notice of filing a proposed mediation order in a case between plaintiff Traian Bujduveanu and defendants Dismas Charities Inc., Ana Gispert, Derek Thomas, and Adams Lashanda. It notifies the court that the defendants have filed a proposed order setting mediation for this case on November 1, 2011 at 10:30am at the offices of Lance Wogalter, P.A. in Boca Raton, Florida. The proposed order is attached.
Presentation on the probable disparate impact of judicial records systems on the rental housing opportunities of African-American women with children. Given at 2011 Access to Justice Conference in Kennewick, Wash.
Fond du Lac County may pursue a grant to construct a fish cleaning station at Columbia Park. The $90,000 project would be 50% funded by a grant from the Wisconsin DNR. It would include a concrete slab, shelter, tables, and a fish grinding disposal unit with utilities. The station aims to avoid fish waste being placed in park garbage bins. The Fond du Lac County Board will vote on applying for the grant at their February 10 meeting.
- In May 2020, a settlement was reached between the Texas AG and multiple drug companies over fraudulent and reckless opioid marketing that contributed to addiction and overdoses, which will provide funds to Texas cities. The City Manager and Attorney will present information on allocating the city's share of settlement funds.
The Connecticut Supreme Court ruled that the state's ban on same-sex marriage violates the state constitution. The Court found that (1) the statutory scheme discriminates on the basis of sexual orientation, (2) sexual orientation should be considered a quasi-suspect classification under the state constitution, and (3) the state failed to provide sufficient justification for excluding same-sex couples from marriage. The Court reversed the trial court's ruling in favor of the state and directed the trial court to grant summary judgment to the plaintiffs.
The document contains several local news articles from the Sierra County Sentinel newspaper including:
1) Sierra Vista Hospital is facing financial losses of $2.46 million over the first six months of the fiscal year due to a reduction in patient volume. Hospital authorities are implementing cost-cutting measures and service revisions to improve income.
2) Local governments are hoping to receive capital outlay funding from the New Mexico state legislature for infrastructure projects such as streets, water systems, facilities improvements, and a regional animal shelter.
3) A Super Bowl food and funds drive will be held at Walmart to benefit the Matthew 25 Food Pantry, which assists food-insecure individuals in Sierra County. National Honor Society students are
This document is a stipulation for dismissal with prejudice of a civil rights lawsuit filed by the American Civil Liberties Union of Hawaii and Pamela Lichty against Dean H. Seki, Comptroller of the Department of Accounting and General Services for the State of Hawaii. It includes a settlement agreement requiring the defendant to pay attorneys fees and costs, cease enforcement of certain permit requirements for expressive activities on state property, revise relevant administrative rules and policies, and provide periodic updates on implementation to plaintiffs' counsel. The purpose is to ensure individuals can engage in expressive activities on state property with constitutional time, place and manner restrictions.
Primary global, full tilt poker, bp, bof a in court newsvincentjohn174
A former executive at expert- networking firm Primary Global Research LLC, James Fleishman, was found guilty of helping pass confidential information to fund managers as part of an insider-trading scheme. Fleishman, of Santa Clara, California, was found guilty yesterday by a Manhattan federal jury of conspiracy to commit securities fraud and conspiracy to commit wire fraud. The jury deliberated for about six hours before reaching a verdict. U.S. District Judge Jed Rakoff set sentencing for Dec. 21. Until then, Fleishman, who faces as long as 25 years in prison, remains free on bond. He and his lawyer, Ethan Balogh, declined to comment as they left the courthouse. “We had enough evidence to find the defendant guilty of both counts,” said jury foreman Ben Stein, who works in the information-technology sector of a financial-services business. “It was not easy, but we had lots of evidence.” Since November, 15 people have been charged by federal prosecutors in the office of Manhattan U.S. Attorney Preet Bharara in a probe of expert networkers and hedge fund managers. Twelve have pleaded guilty, including Noah Freeman, a former portfolio manager with SAC Capital Advisors LP, and Samir Barai, the founder of Barai Capital Management LP. Fleishman, 42, was the second to go to trial. Winifred Jiau, a former Primary Global consultant who was convicted at trial in June of securities fraud and conspiracy, is scheduled to be sentenced today in Manhattan federal court. Prosecutors said Fleishman obtained and passed confidential data from technology company employees who were moonlighting as consultants for Mountain View, California-based Primary Global. The secret tips were given to fund managers who paid Primary Global for consultation calls, prosecutors said.
The case is U.S. v. Nguyen, 11-cr-32, U.S. District Court, Southern District of New York (Manhattan).
Lawsuits/Pretrial
Full Tilt Paid Board With Players’ $440 Million, U.S. Says Full Tilt Poker paid board members more than $440 million using funds it had told its online poker players would be available to them for withdrawal at any time, U.S. prosecutors said. Manhattan U.S. Attorney Preet Bharara’s office yesterday asked U.S. District Judge Leonard B. Sand for permission to add the new allegations to a civil forfeiture case first filed against Full Tilt, PokerStars, Absolute Poker and other businesses in April. “Full Tilt insiders lined their own pockets with funds picked from the pockets of their most loyal customers while blithely lying to both players and public alike about the safety and security of the money deposited with the company,” Bharara said in statement. The forfeiture action parallels criminal charges also brought by Bharara against the poker companies and 11 people, alleging bank fraud, money laundering and illegal gambling. Prosecutors said that after the U.S. enacted a law in 2006 barring banks from processing payments to offshore gambling websites, Full Tilt, PokerStars
Phil Bazzani's York Herald Newsletter, number 10. Reprinted here with permission. http://www.gloucestercountyva.com Visit us for breaking news not found anywhere else.
This document is a joinder by the Official Committee of Unsecured Creditors in two motions to transfer venue of the bankruptcy case from the United States Bankruptcy Court for the District of Delaware to the District of Colorado. The debtor operates a golf club and community in Colorado and most of its creditors, including secured creditors, unsecured creditors, and equity holders are located in Colorado. The committee argues that transferring the case to Colorado would promote the efficient administration of the estate and be more convenient for the parties given the location of witnesses, assets, and ongoing related litigation in Colorado state courts.
This document is a joinder by the Official Committee of Unsecured Creditors in two motions to transfer venue of the bankruptcy case from the United States Bankruptcy Court for the District of Delaware to the District of Colorado. The debtor operates a golf club and community in Colorado and most of its creditors, including secured creditors, unsecured creditors, and equity holders are located in Colorado. The committee argues that transferring the case to Colorado would promote the efficient administration of the estate and be more convenient for the parties given the location of witnesses, assets, records, and ongoing related litigation in Colorado state courts.
This order appoints Elizabeth J. Cabraser as Lead Counsel and Chair of the Plaintiffs' Steering Committee (PSC) in the Volkswagen "Clean Diesel" multi-district litigation. It also appoints 21 additional attorneys to the PSC and designates their responsibilities. Finally, it appoints a Government Coordinating Counsel to represent the interests of the United States Government in the litigation.
This document is a motion filed by the plaintiffs' attorneys requesting permission from the court to file a fourth amended complaint. Specifically, the motion requests: (1) changing the class definition; (2) removing Michele Reinhart as a plaintiff and adding George and Susie Pfau; and (3) adding claims against additional defendants including Central Asia Institute and MC Consulting for alleged RICO violations. The motion also details why the plaintiffs' counsel believes the additional claims and parties are necessary.
Gaggero/Mooring/Walters/Praske/Chatfield/Sulphur County Records/Cases 4jamesmaredmond
This document is a notice of deposition and request for production of documents from the law firm Kessel & Associates, representing defendant Sequoia Insurance Company, to plaintiff Sulphur Mountain Land and Livestock Company regarding a lawsuit over an insurance claim. It schedules depositions of Sulphur Mountain's person most knowledgeable on January 9, 2007 to be questioned on various topics related to the property damage claim. It also requests the production of documents related to the property, insurance policies, damage events, investigations and communications regarding the claim. Sulphur Mountain's attorneys respond with objections to some of the deposition notices and requests and provide certain documents in response to the request.
This document is a memorandum submitted to the Gaston County Clerk of Superior Court regarding a public records lawsuit filed by Dan Deitz and Ellen Deitz Tucker against the City of Belmont and its City Manager. The memorandum provides background on the lawsuit, which seeks access to an investigative report into the Belmont Police Department that was compiled by a private firm, ISS Agency. The memorandum argues that the ISS report is not a confidential personnel record exempt from disclosure under the public records law, and requests that the court declare the report a public record subject to disclosure in its entirety or require Defendants to produce public portions of the report.
This complaint was submitted to Caltrans by California LULAC. The complaint was drafted by Jerry Dinzes and Dave McClure for the California LULAC's executive director.
SharonsDefaultJudgmentvsCitySt.Paul,MN 5 jul07ratasslegal 22Sharon Anderson
Sharon Anderson aka Peterson Scarrella decades fighting City St. Paul,MN Filing for Office to Make Government Accountable current on the MN Ballot Republican 4 MN Attorney General http://sharon4mnag.blogspot.com Civil Rights Activist Forensic Files also at http://sharon4anderson.org
Confessions of Judgement in Kyko Global Inc vs Madhavi Vuppalapati & Prithvi ...mh37o
The judgement was passed in favour of Plaintiffs Kyko Global Inc. Confessions of Judgement in Kyko Global Inc vs Madhavi Vuppalapati & Prithvi Info Solutions Ltd
Motion for Leave To Amend And Add Known Jane DoesJRachelle
This document is a motion filed by Howard K. Stern as executor of the estate of Vickie Lynn Marshall (Anna Nicole Smith) in a civil action. It requests leave from the court to amend and supplement the original complaint, join additional defendants, and amend the case caption. The motion states that discovery has revealed new information supporting the original claims and identifying previously unknown defendants. It also describes events that have occurred since the original complaint that could be added. The executor seeks to add claims involving additional conversions of estate property and to join new parties involved in the unauthorized transfers.
Planning in the courts by Nancy Stroud, James White & David TheriaqueAPA Florida
This document summarizes two land use cases: St. John's River Water Management District v. Koontz, where the Florida Supreme Court ruled that an agency's denial of a permit based on improper monetary conditions could result in a taking; and Herrin v. Volusia County, where an administrative judge reviewed a comprehensive plan amendment for a large development under new statutory standards. It also briefly discusses Martin County Conservation Alliance v. Martin County, where an appeals court sanctioned organizations for filing an appeal without standing.
order Order on Motion for Miscellaneous Relief Order on Motion to Amend/Correct Fri 12:58 PM
ORDER granting in part and denying in part 60 Motion for Leave to Add Joinder of Additional Plaintiffs and for Leave to Add Facts to the Complaint; granting 62 Motion to Amend 60 Motion. Signed by Judge Jackson L. Kiser on 4/8/16.
Materials from New Jersey Institute for Continuing Legal Education webinar on the latest developments in eminent domain and regulatory takings in New Jersey.
This document summarizes a court case involving a bounced check dispute between North Star International Travel and Engr. Jose Cayanan. The key details are:
1) Cayanan issued five checks totaling over P2.5 million to North Star to cover money North Star sent to Nigeria at Cayanan's instruction, as well as for airplane tickets North Star provided to Cayanan's clients. However, the checks bounced due to insufficient funds.
2) Cayanan was criminally charged and acquitted for bouncing the checks. However, the Court of Appeals ruled he was still civilly liable to pay North Star the value of the bounced checks.
3) The court upheld this ruling,
Presentation on the probable disparate impact of judicial records systems on the rental housing opportunities of African-American women with children. Given at 2011 Access to Justice Conference in Kennewick, Wash.
Fond du Lac County may pursue a grant to construct a fish cleaning station at Columbia Park. The $90,000 project would be 50% funded by a grant from the Wisconsin DNR. It would include a concrete slab, shelter, tables, and a fish grinding disposal unit with utilities. The station aims to avoid fish waste being placed in park garbage bins. The Fond du Lac County Board will vote on applying for the grant at their February 10 meeting.
- In May 2020, a settlement was reached between the Texas AG and multiple drug companies over fraudulent and reckless opioid marketing that contributed to addiction and overdoses, which will provide funds to Texas cities. The City Manager and Attorney will present information on allocating the city's share of settlement funds.
The Connecticut Supreme Court ruled that the state's ban on same-sex marriage violates the state constitution. The Court found that (1) the statutory scheme discriminates on the basis of sexual orientation, (2) sexual orientation should be considered a quasi-suspect classification under the state constitution, and (3) the state failed to provide sufficient justification for excluding same-sex couples from marriage. The Court reversed the trial court's ruling in favor of the state and directed the trial court to grant summary judgment to the plaintiffs.
The document contains several local news articles from the Sierra County Sentinel newspaper including:
1) Sierra Vista Hospital is facing financial losses of $2.46 million over the first six months of the fiscal year due to a reduction in patient volume. Hospital authorities are implementing cost-cutting measures and service revisions to improve income.
2) Local governments are hoping to receive capital outlay funding from the New Mexico state legislature for infrastructure projects such as streets, water systems, facilities improvements, and a regional animal shelter.
3) A Super Bowl food and funds drive will be held at Walmart to benefit the Matthew 25 Food Pantry, which assists food-insecure individuals in Sierra County. National Honor Society students are
This document is a stipulation for dismissal with prejudice of a civil rights lawsuit filed by the American Civil Liberties Union of Hawaii and Pamela Lichty against Dean H. Seki, Comptroller of the Department of Accounting and General Services for the State of Hawaii. It includes a settlement agreement requiring the defendant to pay attorneys fees and costs, cease enforcement of certain permit requirements for expressive activities on state property, revise relevant administrative rules and policies, and provide periodic updates on implementation to plaintiffs' counsel. The purpose is to ensure individuals can engage in expressive activities on state property with constitutional time, place and manner restrictions.
Primary global, full tilt poker, bp, bof a in court newsvincentjohn174
A former executive at expert- networking firm Primary Global Research LLC, James Fleishman, was found guilty of helping pass confidential information to fund managers as part of an insider-trading scheme. Fleishman, of Santa Clara, California, was found guilty yesterday by a Manhattan federal jury of conspiracy to commit securities fraud and conspiracy to commit wire fraud. The jury deliberated for about six hours before reaching a verdict. U.S. District Judge Jed Rakoff set sentencing for Dec. 21. Until then, Fleishman, who faces as long as 25 years in prison, remains free on bond. He and his lawyer, Ethan Balogh, declined to comment as they left the courthouse. “We had enough evidence to find the defendant guilty of both counts,” said jury foreman Ben Stein, who works in the information-technology sector of a financial-services business. “It was not easy, but we had lots of evidence.” Since November, 15 people have been charged by federal prosecutors in the office of Manhattan U.S. Attorney Preet Bharara in a probe of expert networkers and hedge fund managers. Twelve have pleaded guilty, including Noah Freeman, a former portfolio manager with SAC Capital Advisors LP, and Samir Barai, the founder of Barai Capital Management LP. Fleishman, 42, was the second to go to trial. Winifred Jiau, a former Primary Global consultant who was convicted at trial in June of securities fraud and conspiracy, is scheduled to be sentenced today in Manhattan federal court. Prosecutors said Fleishman obtained and passed confidential data from technology company employees who were moonlighting as consultants for Mountain View, California-based Primary Global. The secret tips were given to fund managers who paid Primary Global for consultation calls, prosecutors said.
The case is U.S. v. Nguyen, 11-cr-32, U.S. District Court, Southern District of New York (Manhattan).
Lawsuits/Pretrial
Full Tilt Paid Board With Players’ $440 Million, U.S. Says Full Tilt Poker paid board members more than $440 million using funds it had told its online poker players would be available to them for withdrawal at any time, U.S. prosecutors said. Manhattan U.S. Attorney Preet Bharara’s office yesterday asked U.S. District Judge Leonard B. Sand for permission to add the new allegations to a civil forfeiture case first filed against Full Tilt, PokerStars, Absolute Poker and other businesses in April. “Full Tilt insiders lined their own pockets with funds picked from the pockets of their most loyal customers while blithely lying to both players and public alike about the safety and security of the money deposited with the company,” Bharara said in statement. The forfeiture action parallels criminal charges also brought by Bharara against the poker companies and 11 people, alleging bank fraud, money laundering and illegal gambling. Prosecutors said that after the U.S. enacted a law in 2006 barring banks from processing payments to offshore gambling websites, Full Tilt, PokerStars
Phil Bazzani's York Herald Newsletter, number 10. Reprinted here with permission. http://www.gloucestercountyva.com Visit us for breaking news not found anywhere else.
This document is a joinder by the Official Committee of Unsecured Creditors in two motions to transfer venue of the bankruptcy case from the United States Bankruptcy Court for the District of Delaware to the District of Colorado. The debtor operates a golf club and community in Colorado and most of its creditors, including secured creditors, unsecured creditors, and equity holders are located in Colorado. The committee argues that transferring the case to Colorado would promote the efficient administration of the estate and be more convenient for the parties given the location of witnesses, assets, and ongoing related litigation in Colorado state courts.
This document is a joinder by the Official Committee of Unsecured Creditors in two motions to transfer venue of the bankruptcy case from the United States Bankruptcy Court for the District of Delaware to the District of Colorado. The debtor operates a golf club and community in Colorado and most of its creditors, including secured creditors, unsecured creditors, and equity holders are located in Colorado. The committee argues that transferring the case to Colorado would promote the efficient administration of the estate and be more convenient for the parties given the location of witnesses, assets, records, and ongoing related litigation in Colorado state courts.
This order appoints Elizabeth J. Cabraser as Lead Counsel and Chair of the Plaintiffs' Steering Committee (PSC) in the Volkswagen "Clean Diesel" multi-district litigation. It also appoints 21 additional attorneys to the PSC and designates their responsibilities. Finally, it appoints a Government Coordinating Counsel to represent the interests of the United States Government in the litigation.
This document is a motion filed by the plaintiffs' attorneys requesting permission from the court to file a fourth amended complaint. Specifically, the motion requests: (1) changing the class definition; (2) removing Michele Reinhart as a plaintiff and adding George and Susie Pfau; and (3) adding claims against additional defendants including Central Asia Institute and MC Consulting for alleged RICO violations. The motion also details why the plaintiffs' counsel believes the additional claims and parties are necessary.
Gaggero/Mooring/Walters/Praske/Chatfield/Sulphur County Records/Cases 4jamesmaredmond
This document is a notice of deposition and request for production of documents from the law firm Kessel & Associates, representing defendant Sequoia Insurance Company, to plaintiff Sulphur Mountain Land and Livestock Company regarding a lawsuit over an insurance claim. It schedules depositions of Sulphur Mountain's person most knowledgeable on January 9, 2007 to be questioned on various topics related to the property damage claim. It also requests the production of documents related to the property, insurance policies, damage events, investigations and communications regarding the claim. Sulphur Mountain's attorneys respond with objections to some of the deposition notices and requests and provide certain documents in response to the request.
This document is a memorandum submitted to the Gaston County Clerk of Superior Court regarding a public records lawsuit filed by Dan Deitz and Ellen Deitz Tucker against the City of Belmont and its City Manager. The memorandum provides background on the lawsuit, which seeks access to an investigative report into the Belmont Police Department that was compiled by a private firm, ISS Agency. The memorandum argues that the ISS report is not a confidential personnel record exempt from disclosure under the public records law, and requests that the court declare the report a public record subject to disclosure in its entirety or require Defendants to produce public portions of the report.
This complaint was submitted to Caltrans by California LULAC. The complaint was drafted by Jerry Dinzes and Dave McClure for the California LULAC's executive director.
SharonsDefaultJudgmentvsCitySt.Paul,MN 5 jul07ratasslegal 22Sharon Anderson
Sharon Anderson aka Peterson Scarrella decades fighting City St. Paul,MN Filing for Office to Make Government Accountable current on the MN Ballot Republican 4 MN Attorney General http://sharon4mnag.blogspot.com Civil Rights Activist Forensic Files also at http://sharon4anderson.org
Confessions of Judgement in Kyko Global Inc vs Madhavi Vuppalapati & Prithvi ...mh37o
The judgement was passed in favour of Plaintiffs Kyko Global Inc. Confessions of Judgement in Kyko Global Inc vs Madhavi Vuppalapati & Prithvi Info Solutions Ltd
Motion for Leave To Amend And Add Known Jane DoesJRachelle
This document is a motion filed by Howard K. Stern as executor of the estate of Vickie Lynn Marshall (Anna Nicole Smith) in a civil action. It requests leave from the court to amend and supplement the original complaint, join additional defendants, and amend the case caption. The motion states that discovery has revealed new information supporting the original claims and identifying previously unknown defendants. It also describes events that have occurred since the original complaint that could be added. The executor seeks to add claims involving additional conversions of estate property and to join new parties involved in the unauthorized transfers.
Planning in the courts by Nancy Stroud, James White & David TheriaqueAPA Florida
This document summarizes two land use cases: St. John's River Water Management District v. Koontz, where the Florida Supreme Court ruled that an agency's denial of a permit based on improper monetary conditions could result in a taking; and Herrin v. Volusia County, where an administrative judge reviewed a comprehensive plan amendment for a large development under new statutory standards. It also briefly discusses Martin County Conservation Alliance v. Martin County, where an appeals court sanctioned organizations for filing an appeal without standing.
order Order on Motion for Miscellaneous Relief Order on Motion to Amend/Correct Fri 12:58 PM
ORDER granting in part and denying in part 60 Motion for Leave to Add Joinder of Additional Plaintiffs and for Leave to Add Facts to the Complaint; granting 62 Motion to Amend 60 Motion. Signed by Judge Jackson L. Kiser on 4/8/16.
Materials from New Jersey Institute for Continuing Legal Education webinar on the latest developments in eminent domain and regulatory takings in New Jersey.
This document summarizes a court case involving a bounced check dispute between North Star International Travel and Engr. Jose Cayanan. The key details are:
1) Cayanan issued five checks totaling over P2.5 million to North Star to cover money North Star sent to Nigeria at Cayanan's instruction, as well as for airplane tickets North Star provided to Cayanan's clients. However, the checks bounced due to insufficient funds.
2) Cayanan was criminally charged and acquitted for bouncing the checks. However, the Court of Appeals ruled he was still civilly liable to pay North Star the value of the bounced checks.
3) The court upheld this ruling,
This document is a motion to change venue from Riverside County Superior Court to Los Angeles County Superior Court. It argues that venue is improper in Riverside County because the defendants reside in Los Angeles County and did not enter into any contracts in Riverside County. It cites sections of the California Code of Civil Procedure allowing transfer when the county of filing is improper. The motion requests the court order transfer of venue to Los Angeles County and require the plaintiff to pay costs associated with the transfer.
Fleet v. Bank of America case from California Court of AppealLegalDocsPro
This Fleet v. Bank of America case was recently decided by a California Court of Appeal. This case was decided by Division Three of the Fourth District Court of Appeal on August 25, 2014, on September 23, 2014 the Court granted the request of several parties for publication. The case involved allegations by the Fleets of fraud on the part of Bank of America during the loan modification process.
The Court of Appeal reversed the Judgment entered in the case and reversed the order sustaining the demurrer to the cause of action for fraud as to Bank of America and several other individual defendants, as well as reversing the order sustaining demurrers to the breach of contract and promissory estoppel causes of action against Bank of America athough the Court did affirm the order sustaining the demurrers without leave to amend against several other defendants including Recon Trust. The Court also affirmed the order sustaining the demurrer to the cause of action for accounting without leave to amend. This case is very good news in my opinion as this case may represent a turning point as it is the only published case from California that I am aware of in which an appeals Court appears to be at least considering the possibility that the big banks may be engaging in a pattern of fraud and deceit.
This document summarizes several stories from the Trinity Standard newspaper. It describes an adoptable dog named Sassy available from Paws of Trinity County animal shelter. It also summarizes the results of the 4-H shooting competition and cook-off, naming the winning teams. Finally, it provides a brief overview of items discussed at the Trinity County Commissioners Court meeting, including ambulance contracts, speed limit signs, and grant project updates.
The document outlines the objectives of the Springbank Community Planning Association (SCPA). It lists the following objectives:
(1) To provide a forum for residents to discuss issues and improve the community.
(2) To respond to development plans submitted to Rocky View County to ensure they meet community goals for development pace and type.
(3) To consider future development while protecting citizens' well-being and the environment.
(4) To establish communication between community groups, residents, and government authorities.
(5) To raise funds through contributions and other lawful means to achieve these objectives.
This group of experienced regional casino developers and operators proposes to build Kansas Crossing casino and hotel in southeast Kansas. The development is expected to generate $69 million in initial construction spending, create hundreds of jobs, and generate $10 million annually for state and local governments through taxes. As the largest entertainment venue in the region, Kansas Crossing aims to boost tourism by attracting out-of-state visitors and partnering with local organizations to promote southeast Kansas.
This document summarizes Douglas Walker's presentation on forecasting economic impacts and competitive impacts of casinos in southeast Kansas. Some key points:
- Walker estimates that a new casino would result in a 9.9% increase in employment, 3.4% increase in average weekly wages, and 1.7% increase in the number of establishments in the county. Crawford County is estimated to see larger gains due to its larger population.
- 14 casinos in northeast Oklahoma located within 25 miles of the Kansas border could competitively impact the proposed southeast Kansas casinos. Walker uses a model of competition among Missouri casinos to analyze these competitive effects.
- Location and distance between casinos may impact competition based on Hot
The document provides an analysis of the potential fiscal impacts of three proposed gaming facilities - Camptown Casino, Kansas Crossing Casino, and Castle Rock Casino - in southeast Kansas. It summarizes the methodology used, including adjustments made to the revenue estimates provided by the applicants. Revenue estimates over 5 years are provided for the state of Kansas, local counties and cities, school districts, and other impacted entities. Estimated costs to local and state governments to provide services to each facility are also summarized. The analysis finds differences between the revenue and cost estimates provided by EEC and the original numbers submitted by the applicants.
Civic Economics (Dan Houston, Matt Cunningham)krgc
The document analyzes the potential economic impacts of three proposed gaming facility projects in Kansas: Camptown, Kansas Crossing, and Castle Rock. It finds that Castle Rock would have the largest economic impact during construction, supporting over 900 jobs and contributing $134.2 million to total economic output. During operations in 2019, Castle Rock is estimated to support 584 jobs and contribute $72.9 million to economic output, more than the other two proposals. The analysis examines impacts from construction spending, facility operations, gaming revenues, and local resident spending.
Union Gaming Analytics was commissioned by the Kansas Lottery Gaming Facility Review Board to evaluate three applicants for a gaming license in southeast Kansas. The analysis included projections for gross gaming revenue, visitation numbers, tax revenue, and economic impacts for each applicant. The methodology involved examining demographic data within drive time radii of the proposed sites, establishing a theoretical gaming market, and applying proprietary capture rates to project revenues and visitation from local, near-local, and regional populations. Consultants then evaluated the economic and fiscal impacts, amenities, and financial suitability of each applicant.
The document analyzes and evaluates the financial suitability of three applicants for a gaming license in Southeast Kansas: Frontenac Development, Castle Rock Casino Resort, and Kansas Crossing Casino. For each applicant, it summarizes the ownership structure, project budget, proposed financing sources, and Union Gaming's analysis and conclusion on their financial viability and ability to fund the projects. While Frontenac and Kansas Crossing were deemed sufficiently capitalized, Castle Rock's ability to obtain the required debt financing was called into question due to uncertainties around land valuation and high projected leverage.
The three proposed casino projects in Kansas Southeast Zone are similar in their Phase 1 concepts, having a minimum critical mass to win the bid but also achieve initial success. Camptown and Kansas Crossing propose smaller local casinos, while Castle Rock proposes a larger regional destination. All have similar potential for Phase 1 success despite different strengths and weaknesses. The key decision is whether to prefer two smaller local casinos or one larger regional casino. The regional casino has the greatest revenue potential but also the least room for error. The owner/team's ability to adapt may be more important than initial plans. However, the tax rate difference between Kansas and Oklahoma gives Oklahoma casinos an advantage in any marketing war.
This document provides an overview and analysis of projections for new casinos proposed in southeastern Kansas. It discusses the use of gravity models to project gaming revenues and financial performance based on location, size, competition and other factors. Specifically, it examines how spending declines with distance from a casino based on players' club and other data. Bigger casinos are generally better due to economies of scale. The presentation compares various existing casinos' "power ratings" which reflect their overall attractiveness based on revenues adjusted for location.
Camptown Casino will be located in Frontenac, Kansas. It will include 750 slot machines, 20 table games, a 62-room hotel, and Gilley's Saloon entertainment venue. Phil Ruffin, an experienced casino operator, will personally finance the $84 million project. It is projected to create 300 jobs and attract nearly 1 million visitors annually from Missouri, Kansas, and other nearby states. Camptown aims to open sooner than competing proposals and will donate $50,000 annually to the local school district.
2015 LGFRB Presentation Castle Rock Casino Resort krgc
This document provides details about the proposed Castle Rock Casino Resort development project. It outlines the developers, architects, management company, contractors, and legal consultants involved. It also provides information on the size and amenities of the casino, hotel, meeting space, and other facilities. Projected revenues, taxes, employment, and visitation are presented. The management and development experience of the casino operator, American Casino and Entertainment Company, is summarized.
Global Gaming KS, LLC presented to the Kansas Lottery Gaming Facility Review Board on their proposal for a gaming facility. They argued that their selected Exit 19 site is clean with infrastructure, has community support, and avoids legal issues. Their planned 260,000 square foot facility with hotel would open fully within 14 months. While an interim facility lacks appeal, their permanent destination-quality development would include restaurants, entertainment, and gaming expansion over time. They believe revenue differences between Exit 19 and 33 sites are negligible and addressed counterarguments.
The document discusses two proposed casino projects in Kansas - Kansas Star and WinSpirit. Kansas Star promises to invest $260 million, build amenities sooner including a 100,000 square foot event center and $25 million equestrian complex, and generate more gaming revenue, taxes, and jobs for the state. It argues Kansas Star's management team has more experience building and operating successful casino projects on time and on budget and will spend more on advertising to drive higher revenue. The document positions Kansas Star as the best and most lucrative choice for Kansas.
The document discusses the benefits of meditation for reducing stress and anxiety. Regular meditation practice can calm the mind and help prevent worrying thoughts. Meditation lowers stress levels in the body by reducing blood pressure and cortisol levels.
Dean Macomber summarizes his analysis of Global Gaming's proposal for a race track as a tourism generator. He finds that Global's projections of attracting a "Big Event" with 50,000-100,000 visitors are speculative given the limited number of comparable racing events and competition from existing tracks. Their projections of smaller events generating the remaining 50,000 visitors also seem aggressive. In contrast, an equestrian center like Peninsula proposes could attract equine, entertainment, and convention events more reliably as a tourism generator.
peninsula plans meet or exceed drainage standardskrgc
The document is a letter from Christopher Young, a civil engineering consultant, to the chairman of the Kansas Lottery Gaming Facility Review Board regarding a proposed drainage system for a proposed Kansas Star Casino development. Young serves as the City Engineer for Mulvane, Kansas and has reviewed drainage plans submitted by the developer. He concludes that the proposed drainage improvements, including a detention pond facility, will meet or exceed the City of Mulvane's stormwater drainage policy by having outflow rates less than existing conditions for 2-, 5-, 10-, and 100-year storm events.
This document is a response from Cummings Associates to submissions from Global Gaming Solutions regarding revenue projections and the effects of distance on revenues. Cummings disagrees with some of Global Gaming's assertions, such as that the revenue differential between two proposed casino sites is mostly due to attractiveness rather than distance. Cummings also argues that survey data is not an accurate predictor of economic behavior like casino spending. Overall, Cummings believes distance has a larger impact on revenues than Global Gaming suggests, based on Cummings' analysis of casino performance data from multiple markets.
The marketing plan outlines a soft opening period followed by a grand opening 90 days later for a new casino in Sumner County, Kansas. The $1 million budget will be used for advertising, promotions, and community events to generate awareness and excitement. Key objectives include building a local player base within 100 miles, attracting travelers on Interstate 35, and establishing the casino as a new entertainment destination through gaming, restaurants, a hotel, and live entertainment events.
- The proposed Kansas Star Casino development will include new drainage infrastructure to improve drainage conditions for surrounding landowners.
- Runoff from the development and surrounding areas will be conveyed via three new swales to a 29.8-acre dry bottom detention basin located at the southeast corner of the site.
- Water in the detention basin will drain by gravity and pumping to existing culverts under 140th Avenue at a rate of 25 cfs or less, which is less than the culverts' capacity. This will ensure no adverse impacts from increased runoff.
1. MEMORANDUM
TO: Matt All, Chair
Kansas Lottery Gaming Facility Review Board
FROM: Board of County Commissioners,
Sumner County, Kansas
DATE: December 10, 2010
RE: Request for additional information
________________________________________________________________________
During its telephone meeting of December 7, 2010, the Kansas Lottery Gaming
Facility Review Board asked the local governing body to provide additional information
about the following issues in regard to the competing applications: 1) drainage and
flooding issues at the proposed sites; and 2) the status of local approvals, which includes
endorsement, zoning, permits and platting.
Drainage and flooding.
The proposed Global site near Exit 19 of the Kansas Turnpike has no drainage or
flooding issues. Indeed, this site is superior even to the other Exit 19 sites considered by
Sumner County in the first two rounds of this process.
The proposed Peninsula site nearest Exit 33 of the Kansas Turnpike is known as
Site A. Local residents continue to complain of drainage and flooding issues associated
with the site.
The proposed Peninsula site within the city limits of Mulvane (Site B) is two miles
east of Site A. Because Site B is within Mulvane’s jurisdiction, Sumner County has not
formally considered drainage and flooding issues associated with this site. However, it is
common knowledge that Site B lies directly adjacent to Cowskin Creek and is frequently
under water.
Endorsement.
The proposed Global site near Exit 19 is within Sumner County and has been
endorsed by the Sumner County Board of County Commissioners.
The annexation litigation, Sumner County v. City of Mulvane, case no. 101975,
was concluded in Mulvane’s favor on December 7, 2010, when the Kansas Supreme
2. Court denied Sumner County’s petition for review. Thus, the proposed Peninsula site
nearest Exit 33 of the Kansas Turnpike (Site A) is within the jurisdiction of Mulvane and
has been endorsed by the Mulvane City Council.
Peninsula Site B is within the city limits of Mulvane and has been endorsed by the
Mulvane City Council.
Zoning, permits and platting.
The proposed Global site near Exit 19 has all zoning and required permits in place.
The Mulvane City Council has zoned and approved a special use permit for
Peninsula Sites A and B. Platting is not yet complete for either site.
The actions of the Mulvane City Council in zoning and permitting Peninsula Sites
A and B are challenged in two lawsuits recently filed by Sumner County citizens in
Sumner County District Court. They are Sutherland, et al. v, Sumner County, Kansas, et
al., case no. 2010 CV 186 (Site A); and Sutherland v. City of Mulvane, et al., case no.
2010 CV 187 (Site B). The petitions filed in both lawsuits are attached for the Review
Board’s reference.
Both suits challenge the legality of the zoning and special use permits for Sites A
and B. Sumner County, its officials, and the City of Mulvane and its officials are named
defendants in the Site A suit. The City of Mulvane and its officials are named defendants
in the Site B suit. Answers to these two petitions are due later this month.
Peninsula’s experience with regulatory bodies in other states.
During its December 7, 2010, telephone meeting, there was some discussion that
the Review Board desired further information about the applicants’ experience with
regulatory bodies in other states where they do business.
In May 2010, the Iowa Racing and Gaming Commission rejected Peninsula’s bid,
along with Webster County Gaming, LLC, to operate a casino in Fort Dodge, Iowa.
According to published reports, factors at play in the denial were strong local opposition
to a casino, fear that the new casino would siphon revenue from existing casinos, and
allegations of improper funneling of campaign contributions from Peninsula, and others
involved in the casino bid, to Governor Chet Culver, who supported a casino in Fort
Dodge. A copy of the article is attached.
In fact, the allegations regarding improper campaign contributions appear to have
2
3. surfaced during a routine background investigation of the Fort Dodge application done by
the Iowa Racing and Gaming Commission. The allegations stem from Peninsula’s
payment of a $25,000.00 consulting fee to three men who then contributed the same
amount to Culver’s re-election campaign.
On October 11, 2010, a special prosecutor in Polk County, Iowa, filed criminal
charges against M. Brent Stevens, chief executive officer of Peninsula Gaming; Jonathan
Swain, Peninsula’s chief operating officer; Curtis Beason, a lawyer for Peninsula; and
Peninsula Gaming itself, along with one other man and another gaming entity. They were
charged with making a campaign contribution in the name of another and willful failure
to disclose a campaign contribution.
Peninsula’s lawyer, Beason, was also charged with one count of obstruction for
allegedly providing investigators with altered documents that contained false statements.
The charge also alleges Beason provided false statements to law enforcement officials.
The campaign finance charges are serious misdemeanors, carrying a maximum
sentence of one year in jail and a $1,875.00 fine. The obstruction charge against Beason is
an aggravated misdemeanor, carrying a maximum sentence of two years’ imprisonment
or one year in jail and a $6,250.00 fine.
Stevens, Swain and Peninsula entered not guilty pleas at an arraignment on
November 1, 2010 in Polk County, Iowa. A trial date was initially set for January 5, 2011.
On Tuesday, November 30, Stevens, Swain and Peninsula asked the Court for more time
to complete pretrial discovery and now seek to push the trial date to March or April 2011.
On Wednesday, December 1, Stevens told this Review Board that he looked forward to a
resolution of the criminal charges “very, very soon.”
The former chair of the Iowa Racing and Gaming Commission, Diane Hamilton,
was quoted in the Des Moines Register as stating that if Peninsula is found to have acted
improperly, it could jeopardize the company’s existing Iowa gambling licenses. A copy of
the article is attached for the Review Board’s reference.
On Wednesday, December 1, Stevens told this Review Board that even if he and
others were convicted of the charges, those convicted individuals would step aside and
the project would move forward. This assertion ignores the fact that Peninsula Gaming as
a corporate body – not just its executives – has been charged with crimes. Peninsula
Gaming can hardly “step aside” without collapsing this project.
Another reality is that the criminal charges compromise Peninsula’s ability to
finance the project it proposes. The mere existence of criminal charges calls into question
3
4. whether Peninsula will be able to secure $50 million in financing. Criminal convictions
would likely eliminate Peninsula’s access to the credit market. Criminal convictions could
also jeopardize Peninsula’s licenses in Iowa and Louisiana and eradicate the cash flow
from those operations needed to finance this project.
Summary: risks vs. benefit.
The significant risk of Peninsula’s disqualification outweighs any benefit of
selecting Peninsula over Global. While the Review Board may not wish to usurp the
perceived role of the Kansas Racing and Gaming Commission in completing background
checks on the applicants, it must weigh the risks associated with approving Peninsula’s
application. If Peninsula cannot pass the background check at this time, or if matters
unfold in the Iowa criminal case such that Peninsula is later disqualified – or facing
disqualification, chooses to withdraw – this process must start anew for a fourth time.
Another year (or more) of gaming revenue will be lost. Other applicants may not return.
There is no benefit to approving Peninsula’s application which outweighs the
obvious and significant risks.
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17. Des Moines Register Staff Blogs » Charges filed against casino execs, others over Culver ... Page 1 of 4
- Des Moines Register Staff Blogs - http://blogs.desmoinesregister.com/dmr -
Charges filed against casino execs, others over Culver campaign
contributions
Posted By Tom Witosky On October 11, 2010 @ 8:20 pm In Iowa Politics Insider,News | No
Comments
Two casino executives, a Davenport lawyer and a Fort Dodge businessman were charged
Monday with making illegal campaign contributions to Gov. Chet Culver’s re-election campaign.
The charges were filed in Polk County District Court by Lawrence Scalise, special prosecutor in
an investigation into $25,000 in campaign contributions to Culver’s campaign in 2009. The
contributions were made at a time when the Iowa Racing and Gaming Commission was
considering a casino license application for Fort Dodge, in Webster County.
The filing of criminal charges regarding campaign contributions in Iowa is rare, said Charles
Smithson, executive director of the Iowa Ethics and Campaign Disclosure Commission. This is
the first time it has happened in his nine-year tenure, he said.
The Des Moines Register first reported in April that the Iowa Division of Criminal Investigation
was looking into whether Dubuque-based Peninsula Gaming Partners had aligned with
supporters of the proposed Fort Dodge casino to make improper contributions to Culver.
Webster County Gaming was the official applicant for the Fort Dodge license. Its management
firm, Webster County Entertainment, was negotiating with Peninsula to have Peninsula operate
the proposed casino.
In Iowa, it is illegal to make, or knowingly receive, a political contribution in another’s name.
No charges were filed against Culver or anyone involved with his campaign. Culver campaign
officials said last summer that the campaign had donated $25,000 to charity, one of the
methods allowed by law to dispose of questionable campaign contributions.The news, three
weeks and a day before Culver faces re-election, is good news for his campaign, Drake
University political science professor Arthur Sanders said.
Charged with making a campaign contribution in the name of another were M. Brent Stevens,
chief executive officer of Peninsula Gaming; Jonathan Swain, Peninsula’s chief operating officer;
Curtis Beason, a Davenport lawyer; Steven Daniel, the Fort Dodge businessman who headed
Webster County Entertainment; Peninsula Gaming; and Webster County Entertainment. They
also were charged with willful failure to disclose a campaign contribution.
Beason also was charged with one count of obstruction for allegedly providing investigators with
altered documents that contained false statements. The charge also alleges Beason provided
false statements to law enforcement officials.
The campaign finance charges are serious misdemeanors, carrying a maximum sentence of one
year in jail and a $1,875 fine. The obstruction charge against Beason is an aggravated
misdemeanor, carrying a maximum sentence of two years’ imprisonment or one year in jail and
a $6,250 fine.
The four men are to be arraigned at 8 a.m. Nov. 1.
Peninsula Gaming says it’s innocent of charges
Peninsula Gaming, a casino entertainment holding company with gaming operations in Iowa and
18. Des Moines Register Staff Blogs » Charges filed against casino execs, others over Culver ... Page 2 of 4
Louisiana, issued a statement denying the charges. The company operates the Diamond Jo
casinos in Dubuque and Worth County.
“Peninsula has, during its 11-year history, always adhered to the highest standards of
regulatory compliance and ethical business practices and has an impeccable record of
responsibility and excellence in the gaming industry,” the statement said. “We look forward to a
positive resolution of this matter.”
Daniel, a longtime Fort Dodge businessman, could not be reached for comment. He insisted to
Register reporters in April that the contributions were legal.
“I’ve never been told by Peninsula or anybody to make a contribution to Governor Culver,” said
Daniel, a tire shop owner who had been trying to land a Fort Dodge casino for 10 years.
Monty Fisher, Daniel’s lawyer, said Monday that he had not seen the allegations, “but I am
disappointed that my client has been charged.
Beason, who could not be reached for comment, argued in an April 8 memo that a $25,000
payment from Peninsula officials to Daniel’s management company, Webster County
Entertainment, was to pay for some of the group’s expenses as part of a deal to have Peninsula
manage the proposed Fort Dodge facility.
The Division of Criminal Investigation began looking at campaign contributions from supporters
of the Fort Dodge casino as part of its routine review of the backgrounds of applicants for casino
licenses. Daniel and two other partners in Webster County Entertainment, James Kesterson and
Merrill D. Leffler, contributed a total of $25,000 to Culver in late 2009.
Earlier that fall, Peninsula had paid the three men $25,000. Peninsula described the payment as
a consulting fee for their work on the project.
Kesterson and Leffler were not charged but are listed as prosecution witnesses.
Potential effect unclear on existing licenses
One question raised by the filing of the charges on Monday is whether Peninsula Gaming could
lose its state licenses to operate its two casinos.
The Diamond Jo Dubuque casino had gross gambling revenue of $68.4 million from 1.1 million
admissions for the year ending June 30. The Diamond Jo Worth County casino had gross
gambling revenue of $80.3 million from 1.2 million admissions.
State law requires that “a license shall not be granted if there is substantial evidence that the
applicant is not of good repute and moral character or if the applicant has pled guilty to, or has
been convicted of, a felony.”
The charges filed Monday are not felony counts. Members of the Iowa Racing and Gaming
Commission said it was premature to speculate whether they might take action against
Peninsula Gaming if the company and its executives are convicted of the allegations.
“ We need to see how this whole process plays out,” said Greg Seyfer, a Cedar Rapids attorney
who is the commission’s chairman.
Seyfer and Commissioner Paul Hayes of Urbandale both said they viewed the allegations as
isolated instances of problems in Iowa’s casino industry.
“We have been pretty tough,” Hayes said. “I think we have what we believe is a clean industry,
19. Des Moines Register Staff Blogs » Charges filed against casino execs, others over Culver ... Page 3 of 4
and we want to keep it that way.”
Fort Dodge Mayor Matt Bemrich, who has been a strong advocate of a casino license for his
community, said he was shocked to hear charges had been filed.
Bemrich said he hopes the allegations don’t hurt his city’s chances of seeking a casino license in
the future.
The Rev. Carlos Jayne, a United Methodist minister who has long fought Iowa’s gambling
industry, said the charges prove his long-held argument that the gambling industry eventually
leads to corruption.
“These guys get arrogant,” Jayne said. “They assume that they can do anything. … It wouldn’t
have made any difference if it were a Republican governor or a Democratic governor because
there was a license to be gotten.”
Culver: We knew we acted appropriately
In March, Culver urged the Racing and Gaming Commission to approve all four pending
applications for casino licenses. Ultimately, the commission approved only one license, for Lyon
County.
The Culver campaign issued this statement Monday afternoon: “We are pleased but not
surprised that the findings confirm what we have been saying all along. No one in my office or
my campaign did anything wrong; we complied with all campaign finance laws. ”
Culver trailed Republican former Gov. Terry Branstad by 19 percentage points in The Des
Moines Register’s Iowa Poll, taken Sept. 19 to 22.
The news comes not a minute too soon for Culver, said Sanders, the Drake professor, whose
study areas include the role of money and interest groups.
“The Culver people would be happy to have it brought up, and brought up now,” Sanders said.
“They can argue that they were acting honorably, as was found, and that anyone trying to bring
this up is simply smearing them. Culver is in a very defensible position.”
Court documents list Culver and James Larew, Culver’s chief of staff, as prosecution witnesses.
Branstad, who has regularly mentioned the investigation, continued Monday to suggest
impropriety.
“Iowans can draw their own conclusions about the circumstances surrounding this pay-for-play
scandal and whether or not this passes the smell test,” Branstad campaign spokesman Tim
Albrecht said.
— Staff writers William Petroski and Thomas Beaumont contributed to this article.
Article printed from Des Moines Register Staff Blogs:
http://blogs.desmoinesregister.com/dmr
URL to article: http://blogs.desmoinesregister.com/dmr/index.php/2010/10/11
/charges-filed-against-casino-execs-others-over-culver-campaign-contributions/
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contribution in another's name.
Peninsula Gaming officials
request 60-day trial delay No charges were filed against Culver or anyone
involved with his campaign. Culver campaign
By TOM WITOSKY • twitosky@dmreg.com • officials said last summer that they had contributed
November 30, 2010 $25,000 to charity, one of the methods allowed by
law to dispose of questionable campaign
Two Peninsula Gaming executives accused of
contributions.
making an illegal $25,000 contribution to Gov. Chet
Culver's re-election campaign have asked for a delay All four men and both companies were charged
of their trial. with making a campaign contribution in the name of
another, as well as willful failure to disclose a
The defense lawyer for M. Brent Stevens, Peninsula campaign contribution.
Gaming chief executive, and Jonathan Swain, the
company's chief operating officer, has requested a The charges are serious misdemeanors and carry a
60-day trial delay, court documents filed Monday maximum sentence of a year in prison and a $1,250
show. The defense needs more time to complete fine.
depositions and evaluate evidence, attorney Guy
Cook said. Beason also was charged with obstructing
prosecution. He allegedly caused "physical
Culver, who lost in his re-election bid earlier this evidence, that is, documents that would be
month, is scheduled to give a deposition to defense admissible in trial, to be altered, and then provided
lawyers on Dec. 17, Cook's motion stated. said altered documents containing false statements"
to investigators, records showed. That charge is an
James Larew, Culver's chief of staff and legal aggravated misdemeanor, carrying a maximum
counsel, is scheduled to be deposed on the same sentence of two years in jail and a $6,250 fine.
day, court records showed.
In his motion, Cook said a delay, which isn't
All of the defendants contend that the opposed by prosecutor Lawrence Scalise, is needed
contribution, which was solicited by Culver in because defense lawyers received the state's
November 2009 and paid in two $12,500 evidence last week.
installments by Steve Daniel, Merrill Leffler and
James Kesterson, was legal.
Culver's role in soliciting the contribution will be
used by the defense in an attempt to show that their
clients did nothing illegal, Cook said.
Stevens and Swain are scheduled to go on trial Jan. Advertisement
5, along with Daniel, a Fort Dodge businessman,
and Davenport lawyer Curt Beason.
The four men, along with Peninsula Gaming and
Webster County Entertainment, have been charged
with making the $25,000 contribution illegally to
Culver's campaign in late 2009. The contribution
was made at a time when the Iowa Racing and
Gaming Commission was considering a casino
license application for Fort Dodge, in Webster
County.
It was first reported in April that the Iowa Division of
Criminal Investigation was looking into whether
Peninsula Gaming of Dubuque had aligned with
supporters of the proposed Fort Dodge casino to
make improper contributions to Culver. In Iowa, it is
illegal to make, or knowingly receive, a political
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Both lawyers asked the judge to require prosecutors
Casino contribution defense to provide more specific facts about their clients'
cites '95 court ruling alleged wrongdoing.
By TOM WITOSKY • twitosky@dmreg.com • Cook said the charges failed to cite the particular
December 1, 2010 individual who made the illegal contribution and
which defendants aided and abetted in the
A 1995 Iowa Supreme Court decision could haunt
contribution.
prosecutors attempting to convict four men accused
of making an illegal contribution to Gov. Chet
Citing the Azneer case, Cook also argued that
Culver's re-election campaign.
prosecutors failed to provide any evidence that the
defendants willfully failed to disclose the
Defense lawyers cited the case involving Leonard
contribution to the Iowa Ethics Campaign Disclosure
Azneer, former president of Des Moines University,
Board.
in procedural arguments Tuesday designed to raise
questions about whether a special prosecutor has
In 1995, the Iowa Supreme Court ruled that Azneer
provided sufficient evidence to justify a trial.
could not be prosecuted for making illegal
campaign contributions unless prosecutors could
"There may be five volumes of evidence, but overall
prove that Azneer knew that it was against the law.
the evidence is skinny in this case," Guy Cook,
attorney for two executives of Peninsula Gaming, Azneer had admitted to receiving reimbursement
told District Associate Judge William Price. "There is from the university for $80,000 in political
a lot of paper, but the charges are unclear and contributions he made to state and federal
inconsistent." candidates from 1983 through 1992, but claimed he
didn't know those contributions were illegal.
But Richard McConville, one of the prosecutors
handling the case, said there is sufficient evidence The state charges against Azneer were dropped after
presented to take the case to trial and obtain the decision.
convictions.
Cook said the same evidence is required against the
"The evidence shows there was intent to make an
defendants in the Culver case because the statute
illegal political contribution and not to disclose
requires proof that the action taken was willful.
who actually was making the contribution,"
McConville said.
"That decision is clear," Cook said. "You must prove
a defendant in case like this was aware of the statute
Cook represents M. Brent Stevens, Peninsula
and intended to violate it."
Gaming's chief executive, and Jonathan Swain, the
company's chief operating officer. They are
scheduled to go on trial Jan. 5, along with Fort Advertisement
Dodge businessman Steve Daniel and Davenport
lawyer Curt Beason.
The four men, along with two companies, Peninsula
Gaming and Webster County Entertainment, have
been charged with illegally funneling a $25,000
contribution to Culver's campaign in late 2009. All
four men and both companies have pleaded not
guilty to charges they aided and abetted the making
of a campaign contribution in the name of another,
as well as willful failure to disclose a campaign
contribution.
But Cook and Monty Fisher, Daniel's attorney,
raised a legal question that brought up the Azneer
case in contending that the charges are not specific
enough to warrant a trial.
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But McConville expressed confidence that the
charges against the four men were appropriate.
He said the money was illegally funneled into
Culver’s campaign when Peninsula Gaming paid
$25,000 to Webster County Entertainment. That
money was then directed to Culver’s campaign by
Daniel, a co-owner of Webster County
Entertainment, and two of his partners.
“The evidence shows that money was paid to a
campaign that didn’t actually come from the people
who actually were making the contribution and that
any reporting of those contributions didn’t disclose
the actual contributor,” McConville said.
The contributions were made at a time when the
Iowa Racing and Gaming Commission was
considering a casino license application for Fort
Dodge, in Webster County.
All four defendants attended Tuesday’s hearing.
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