Compliance Updates
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.
Additional details regarding the transition will be forthcoming.
Compliance Updates
PA Gaming Control Board Renews License for Wind Creek Bethlehem Casino
The Pennsylvania Gaming Control Board (Board) unanimously voted to renew the Category 2 stand-alone casino license of Wind Creek Bethlehem LLC, operator of Wind Creek Bethlehem casino in Northampton County.
In making the decision, the Board determined that Wind Creek Bethlehem LLC had fulfilled the obligations under its previously approved casino operator’s license and therefore qualified to have its license renewed for an additional five-year period.
The decision to renew the license was based on a process utilized by the Board that enables both the operator and the public to provide information relevant to the renewal decision. A public input hearing was held in July 2024 in the casino’s host municipality, the City of Bethlehem, where personnel of Wind Creek Bethlehem submitted exhibits and presented testimony on various aspects of the facility’s operation since its last license renewal was granted. The public was also permitted to provide testimony about the casino and its impact in the community.
In reaching its decision, the Board also received information from local government officials, community groups and the PA State Police, along with the Gaming Control Board’s Office of Enforcement Counsel, Bureau of Investigations and Enforcement, Office of Compulsive and Problem Gaming, and Bureau of Casino Compliance.
Additionally, a public hearing was held in Harrisburg to permit Board members to further question Wind Creek Bethlehem LLC representatives about any remaining issues prior to voting on the renewal.
Since its opening in May 2009 through September 2024, Wind Creek Bethlehem has generated over $7 billion in revenue from the play of retail slot machines and table games, sports wagering and iGaming, and has returned to the Commonwealth a total of $2.9 billion from tax revenue, assessments and fees. Wind Creek Bethlehem currently operates 2318 slot machines, 202 table games and a 20-table poker room while providing employment to 2242 persons directly or through third-party tenants in the events center, food and beverage outlets or retail stores. 94% of those employees are Pennsylvania residents.
Compliance Updates
PrizePicks Awarded Fantasy Sports Licenses in Delaware and Missouri
PrizePicks, the largest daily fantasy sports operator in North America, announced it has been awarded Daily Fantasy Sports Operator Licenses in Delaware and Missouri. The company will launch Arena, its innovative peer-to-peer fantasy sports contest, in both states.
“We are proud that Arena has been approved in every state where it has been submitted. We’ve seen strong player adoption to date and we look forward to replicating our success in these new markets with a fun gaming experience. We’d like to extend our gratitude to the Delaware Division of Gaming Enforcement, the Delaware Lottery, and the Missouri Gaming Commission for their thoughtful collaboration,” said PrizePicks CEO Mike Ybarra.
Arena offers a unique leaderboard style peer-to-peer gaming experience, allowing players to compete for prizes against one another. Participants are grouped based on their number of entries and experience level. Since launching in January, players on Arena have built over 20 million peer-to-peer lineups. With these new state launches, Arena will now be available in 15 states across the US.
Compliance Updates
574 Slot Machines, Bingo Halls and Online Betting Modules were Destroyed by Coljuegos
The Illegal Operations Control Department destroyed 574 gambling items that had been seized because they were operating without authorization in departments such as Cundinamarca, Atlántico, Valle del Cauca, among others, and which stopped transferring around $63.545 million to the health system.
“The destroyed items were valued at around $169 million and belonged to criminal structures that were dedicated to operating games of chance and luck without authorization and without paying the respective monopoly rents,” said Marco Emilio Hincapié, president of Coljuegos.
Among the destroyed items were electronic slot machines, bingo chairs, roulette wheels, poker tables, Keno and online betting modules, each of them composed of computers, CPUs, televisions, ticket machines, among others.
“In total, we have completed 7,934 destroyed items, valued at more than $1.5 billion. Due to these illegal activities, the health system has lost more than $200 billion in recent years, resources that would have allowed us to serve more Colombians under the subsidized regime,” said the president of the entity.
Hincapié also said that in the coming days, Coljuegos will continue destroying another 117 electronic slot machines, 350 bingo elements (chairs, tables and boards), 8 poker tables and 252 sports betting modules.
“Never before has an administration attacked illegality in the industry so strongly. We are doing this at the behest of our president Gustavo Petro, who has always asked us to fight corruption and to decisively strike the mafias that operate unauthorized games in various regions of the country,” said Hincapié.
It is worth mentioning that illegal gambling organizations in Colombia are failing to pay the State around $1.5 billion annually for exploitation rights, resources that could be allocated to the health of low-income citizens.
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