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Compliance Updates

NIGC Announces Departure of Chairman E. Sequoyah Simermeyer

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NIGC Announces Departure of Chairman E. Sequoyah Simermeyer

 

The National Indian Gaming Commission (NIGC) announced the resignation of E. Sequoyah Simermeyer, as the chairman of NIGC, effective Saturday, Feb. 24, 2024.

Simermeyer, confirmed by the U.S. Senate in November 2019, led the Agency through unprecedented challenges of a global pandemic. During this time, the Agency helped set the regulatory conditions for a multi-year, post-pandemic recovery, where Indian gaming gross revenues rose to a record $40.9B last year. Prior to his tenure as chairman, Simermeyer served with NIGC as associate commissioner and director of the Office of Self-Regulation since 2015.

Reflecting on his time at the Agency, Simermeyer said, “I’ve witnessed firsthand how tribes across the Indian gaming industry have pursued economic sustainability through gaming by relying on – and cultivating – the robust regulatory reputation for which Indian gaming is well known, and made better when supported by effective and efficient measures by Indian gaming’s regulators. I’m proud of the integral part this Agency has played in meeting the challenges of an evolving industry, and encouraged that NIGC’s strong cadre of professionals will continue to work hand-in-hand with gaming operations to ensure tribal gaming remains primarily for the benefit of its citizens as the Indian Gaming Regulatory Act (IGRA) mandated 35 years ago.”

From day one, Simermeyer established industry integrity, preparedness, outreach, and Agency accountability as strategic goals for the Agency, leading NIGC through a period of growth and expansion of programs and services available to gaming tribes.

Under Simermeyer’s leadership, the Agency took steps to grow its capacity to provide outreach, training and technical assistance to gaming tribes, notably formalizing its Environmental Public Health and Safely (EPHS) program to assist tribes with overall operational preparedness, and expanding the Agency’s ability to provide cybersecurity technical assistance as the industry faced emerging threats from cybercrimes, including NIGC’s first Chief Information Security Officer. His “3 for 35” campaign for workforce preparedness, aimed at building regulatory capacity to future-proof tribal gaming, was also an Agency signature outreach effort during his tenure.

NIGC’s efficient and effective approach to regulation was driven by its formalized, collaborative tribal consultation process, where over the past three years, the Agency published eight final rules to keep pace with changing regulatory conditions and industry best practices, while allowing tribes the maximum flexibility allowed under IGRA to pursue efficiencies intended to help operations grow and thrive. To further strengthen its compliance and oversight functions, the Agency also rolled out the “Report a Violation” tool on its website to allow for reporting suspected IGRA violations. NIGC also provided important clarity in the wake of industry-wide questions arising from emerging topics such as significant court decisions on sports betting, the impact of cannabis on licensing and the use of gaming revenue, and the independence of tribal gaming regulatory bodies.

Simermeyer also positioned the Agency as a lead collaborator with federal agencies and organizations similarly dedicated to the success of tribal gaming. NIGC’s annual multiagency Cybersecurity Symposium, Anti-Money Laundering/Banking Security Act (Title 31) regulatory training conference and ongoing partnership with the Department of Homeland Security’s Blue Campaign to prevent human trafficking, are all examples. He also led the Agency to pursue memoranda of understanding with federal agencies like the Federal Reserve Bank of Minneapolis, to promote a shared interest in researching the impacts of lending to tribes engaged in gaming and facilitating tribal access to capital.

Focusing on Agency operations, Simermeyer led the Agency through a multi-year IT security modernization plan to improve NIGC’s internal cybersecurity and resilience. Additionally, he transformed the Agency’s Criminal Justice Information System (CJIS) Audit program to better align with FBI requirements. As another step towards transparency and accountability, the Agency reimagined its fiscal annual report to better tell the story of its commitment to preserve and protect Indian gaming under IGRA, and the stories of the employees behind it. Perhaps most important, under Simermeyer’s leadership, the Agency achieved a 91% employee satisfaction rating on the 2023 Federal Employee Viewpoint Survey (FEVS), making the NIGC one of the best places to work in the federal government.

On transitioning to the next stage of his career, Simermeyer is grateful for his nearly nine years with the Agency. “My time with NIGC has been some of the most memorable and impactful years of my career. As a Native person, I’m truly blessed to have been surrounded by experts dedicated to protecting and preserving the valuable resource Indian gaming represents for our communities. I’m thankful for the advice and counsel of my fellow commissioners and NIGC staff, and the support and hard work of the nearly 5,000 tribal regulators who work alongside NIGC day-in and day-out to keep Indian gaming strong now, and for the next 35 years,” said Simermeyer.

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Additional details regarding the transition will be forthcoming.

Compliance Updates

Honolulu Mayor Signs New Laws Targeting Illegal Game Rooms

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Last Thursday, Honolulu Mayor Rick Blangiardi signed into law three bills — Bills 11, 12 and 13 — each of which are related to illegal gambling in the county.

The first, Bill 11, sets requirements on “electronic amusement devices” in public establishments. Operators of the establishment are now required to obtain a permit from the Honolulu Police Chief to use such a device on the premises, or else forfeit the device.

The Police Chief could deny a permit application if the proposed location of the device “would be reasonably likely to result in an increase in criminal activity, vandalism, litter, noise or traffic congestion,” according to the bill. The bill also requires anyone with a permit to allow a police officer to enter the premises and inspect the device and other records.

Meanwhile, Bill 12 allows the Honolulu Department of Planning and Permitting to deny permit applications for properties that have been cited for a gambling-related public nuisance within the previous two years.

And Bill 13 allows landlords to request a police escort while inspecting a private property for nuisance claims, with the accompanying officers authorized to document law violations or unsafe conditions, and to warn people not authorized to be there to leave.

In tandem, the three bills are meant to clamp down on illicit gambling rooms, which often become hotspots for associated complaints of criminal behavior.

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Compliance Updates

PHAI Files Lawsuit in Pennsylvania Over Caesars’ Dangerous Online Casino Promotion and “Pay Through Bonuses”

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The Public Health Advocacy Institute (PHAI), a nonprofit advocacy organization that continues to lead the movement to develop a comprehensive public health response to the threat posed by the gambling industry, announced a new lawsuit filed in Philadelphia, Pennsylvania, seeking to expose and stop an alleged dangerous, misleading, and illegal “deposit match” promotion by Caesars Online Casino and its brick-and-mortar partner Harrah’s Philadelphia Casino.

In this promotion, Caesars and its partners are luring new customers with a false and misleading promise of a “$2500 deposit match,” according to the lawsuit. Only in the small-print terms and conditions is it disclosed that a new customer playing Blackjack is required to gamble and risk $375,000 in just the first seven days after opening an account. In other words, no money or winnings can be withdrawn unless a total of $375,000 is gambled and risked. All money lost during the first 7-day period is kept by Caesars and Harrah’s Casino.

The lawsuit alleged that Caesars and its partners have effectively rewritten the laws of the Commonwealth of Pennsylvania by mandating that new customers gamble up to $375,000 before being paid any of their winnings. The public is not told that the promotion is designed to snare new customers in a “wild chase of action,” where the bonus is unattainable and therefore impossible to win.

Under the leadership of Executive Director Mark Gottlieb, PHAI continues to spearhead the burgeoning movement to bring comprehensive public health change to the threat posed by the gambling industry and its partners across the US.

Gottlieb said: “We know the gambling industry, with the assistance of the American Gaming Association (AGA) and the National Council of Legislators from Gaming States (NCLGS), is aggressively attempting to push the legalization of online casino gambling across the United States. Thus far, the seven states with online casino gambling seem ill-prepared or unwilling to regulate the wild tactics of the industry. This promotion, engineered by Caesars, is among the most egregious we have seen to date.”

Dr. Harry Levant, Director of Gambling Policy at PHAI, warned that Caesars and others in the gambling industry are acting with impunity, disregarding existing laws, and placing the public directly at risk.

According to Dr. Levant: “It is unconscionable for a gambling company to knowingly require people to gamble excessively and put their mental health at risk as a condition to cash out their winnings. More importantly, nothing in Pennsylvania’s gambling rules or laws permits a casino to refuse payment unless and until customers begin gambling to excess. This is dangerous to Caesar’s customers, immoral, and just plain wrong.”

PHAI Director of Litigation Andrew Rainer, Esq., said: “PHAI continues to utilize the courts to protect clients and the public from unreasonable risks of harm caused by the negligent, careless, and reckless conduct of the gambling industry.”

PHAI Founder and President. Dr. Richard Daynard said: “The mission of the Public Health Advocacy Institute is to protect public health and advance social justice. The days of the gambling industry disregarding public health and safety are coming to an end. When Caesars doesn’t play fair, it puts players’ health at risk.”

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The case is Brubaker vs Chester Downs and Marina LLC et al. (Ct of Common Pleas, Philadelphia County, First Judicial District, Case ID 250602325).

In December 2023, PHAI and its Center for Public Health Litigation filed a class action suit against DraftKings in Massachusetts that garnered nationwide headlines. In August 2024, a judge in Massachusetts denied DraftKings’ motion to dismiss, allowing the litigation to move forward.

In October 2024, PHAI filed a lawsuit against the Massachusetts Gaming Commission, asking the court to compel the MGC to adhere to state law and turn over data that casinos compile to track player behavior. Under Section 97 of the Expanded Gaming Act, the Massachusetts Gaming Commission is required to collect behavioral data from casino operators and share anonymized customer data with researchers. This data is essential for analyzing what casino practices are causing harm and who is being harmed. The Gaming Commission has been subject to the legal requirement to collect this data since its formation in 2011. Now, more than a decade later, the Commission has yet to collect a single piece of data from any licensee or make any data available to researchers.

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Compliance Updates

The Saskatchewan Indian Gaming Authority (SIGA) Selects New Board Chair

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The Saskatchewan Indian Gaming Authority (SIGA) has announced Chief Tammy Cook-Searson, of the Lac La Ronge Indian Band, as its new Board Chair for SIGA’s Board of Directors.

SIGA is a non-profit First Nation gaming operator for seven land-based casinos and the online gaming platform PlayNow.com in Saskatchewan.

Chief Cook-Searson first joined SIGA’s Board of Directors in 2018 and has been a regular SIGA Board member as well as a member of SIGA’s Audit & Finance Committee.

She is serving in her 20th year as Chief of Lac La Ronge Indian Band and has a Master of Business Administration (MBA) degree and a graduate diploma in management from Athabasca University. She also holds honorary degrees from the University of Regina, the Saskatchewan Indian Institute of Technologies (SIIT) and Saskatchewan Polytechnic.

Chief Cook-Searson replaces outgoing Board Chair former Chief of Muskowekwan First Nation Reginald Bellerose, who has held the Board Chair position since February 4, 2015.

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