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Swanny Notes :What was Abramoff doing with the Indians?
An ongoing federal inquiry into the finances of the Seminole Tribe
won't affect its compact with the state to expand gambling, officials
said.
The Seminole Tribe, owner of the Hard Rock chain with more than $1
billion a year in estimated revenue, remains under federal scrutiny by
the National Indian Gaming Commission years after initial reports
surfaced of lavish expenditures within the tribe.
Commission
Chairman Philip Hogen characterized the current investigation as ''a
continuing inquiry'' into the way the tribe uses its revenues. Under
federal law, the tribe must spend its gambling revenues in broad areas
that benefit the tribe as a whole. Non-gaming revenues are not
federally regulated.
''This is an ongoing process,'' Hogen said Monday. ``Great progress has been made, but I don't know that we're there yet.''
The
once-destitute tribe purchased the Hard Rock chain for $965 million
this year. Earlier this month, it entered into an agreement with Gov.
Charlie Crist to expand gambling operations at its seven casinos. In
exchange, the Seminoles will pay the state a minimum of $100 million a
year.
The federal Indian Gaming Commission, charged with
overseeing tribal gambling operations, has been reviewing the Seminole
Tribe's expenses after a 2004 audit revealed problem areas of spending.
Since then, the tribe has complied with all the NIGC requirements,
according to Seminole spokesman Gary Bitner.
''Since the NIGC
audited the tribe in 2004 and spelled out the changes that needed to
take place, the tribe has been very careful to comply with NIGC
regulations and is in compliance,'' Bitner said.
A series of
articles in The Sun-Sentinel newspaper has raised questions about
tribal spending and whether some tribe leaders have especially
benefited from the new wealth.
COMMISSION'S POWERS
State
and local governments can't tell tribes how to spend their profits. But
the 1988 Indian Gaming Regulatory Act does give the NIGC the power to
shut down Indian casinos, or levy fines, if leaders don't prove the
money is being spent as required.
Bitner said Monday that the
tribe has spent its non-gambling revenues for discretionary purposes as
allowed by federal regulations. In 2006, he said, the tribe generated
$49.48 million in non-gaming revenue -- from moneymakers like cigarette
sales, hotel room rentals, retail lease payments, citrus and cattle --
and spent $44.82 million for the so-called ``reservation allocations.''
He
said the tribe also added staff, including Chief Financial Officer Jim
Raker, to make sure the tribe's ballooning revenues were handled
properly.
''We feel like we are in compliance and have paid very careful attention to implementing all the requirements,'' he said.
Some
tribe members have criticized the discretionary spending by some
leaders, which can come at the expense of rank-and-file members. Tribe
member Andrew Bowers, who lives on the Brighton reservation and served
on the tribal council for two years until he lost an election this
year, said other members have raised the issue with him.
''The general feeling is that some people get more than the others,'' he said.
The
pending federal inquiry will have no impact on the governor's decision
to enter into a gambling compact with the tribe, said George LeMieux,
Crist's chief of staff and his lead negotiator.
''The Seminole
Tribe was not concerned how we would spend the money that we would
receive and really didn't feel like it was their place and, by the same
token, we didn't tell them how they should spend their money,'' he
said. ``It's up to the federal government.''
During compact
negotiations, the tribe gave the state a rare chance to review its
gambling operation's financial records, LeMieux said. The state's
experts concluded the tribe has ''a tremendously sophisticated and
well-run organization,'' he said.
The question of how the tribe distributed its gambling profits to members ''was not an issue,'' he added.
Seminole
General Counsel Jim Shore called the operation of the gambling business
and the management of the tribe ``two different things.''
He said he hasn't concluded whether the commission's review will turn up anything significant.
''If
these things are true, or close to true, the National Indian Gaming
Commission will be the agency that comes in to deal with it,'' Shore
said.
OUTSIDE MONITORS
He said the
commission previously has brought in outside experts to make sure
gambling proceeds were being spent in five federally permitted
categories: tribal government operations; the general welfare of the
tribe and its members; economic development; charitable organizations;
or to help pay for the operations of local government agencies.
Shore said credibility and financial integrity are important to the tribe -- that's why it allowed the state to see its books.
''If
you lose credibility in these situations, that's the worst thing,'' he
said. ``So hopefully we were able to prove to the state that our
credibility is up front and untarnished.''
Added Hogen about the
tribe's old accounting methods: ``They were running their business out
of a shoebox back in the days when they had no money. We told them they
can't do it that way anymore.''
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