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Their estimated $231 million income, after prize payouts, will nearly
equal the state's take from the Oregon State Lottery. But for the
most part, the tribes' gambling income won't be taxed, regulated
or even disclosed. In 10 quick years, Oregon has lurched from outlawing
most commercial gambling
to offering more types of games than Nevada. It is spending millions
to promote them. And this all has happened with little public input.
When all of the tribes' casinos are fully operating next year, they
will employ about 2,600 people, gross $231 million after paying winning
bettors and have a combined annual payroll of $46 million. The gross
earnings estimate is based on accepted gaming formulas, tested in Nevada
and in tribal casinos in Minnesota, that project earnings based on the
number of video slot machines. The slots
typically provide 70 percent of a casino's earnings. Counting
the casinos, lottery and racetracks, Oregon's gambling industry in
1996 will directly employ at least 3,575 people -- more than worked
this year at Nike Inc. or Weyerhaeuser Corp.
A three-month inquiry into the new tribal casinos by The Oregonian – to be detailed Sunday and Monday -- shows that:
*State and federal oversight of the casinos is extremely limited. The federal Indian Gaming Regulatory Commission, for example, has only eight investigators to cover 139 gambling operations in 24 states.
*Tribal oversight of the casinos could be risky. As sovereign nations, tribes appoint their own gaming commissions, which include members who share in the casino benefits. This is akin to putting directors of the Mirage or the Flamingo on the Nevada Gaming Control Board.
*Millions of the tribes' dollars are going to professional gambling companies based in Nevada, New Jersey and California that put up development money for the casinos. Three of the companies have obtained management contracts giving them 30 percent of the casino profits. The companies also get loan payments.
*One Oregon tribal leader, who made a deal with a California company to develop a huge casino in North Bend, obtained a contract guaranteeing him a $500,000 payment if he loses his job.
*If courts rule in their favor, at least two Oregon tribes hope to set up casinos off their reservations and nearer to urban population centers, including Salem, Eugene and Medford.
- -
As the casinos open and compete with the Oregon lottery for gambling
dollars, some critics predict a taxpayer backlash. Because the tribes'
casinos will pay no taxes or publicly share revenue, they could divert
money from the Oregon State Lottery -- which earned the state $252
million last fiscal year -- forcing taxpayers to dig deeper into
their pockets to finance schools and government.
Possibly.
A more widely held scenario is that Oregonians' appetite for gambling can't be satiated and that the tribal casinos simply will expand the market.
Instead of drawing customers away from the lottery -- which contributed more money to the state general fund last year than any other state revenue source except the income tax -- tribal operations are likely to create more gambling and a whole new crop of gamblers, predicts Eugene M. Christiansen, a prominent gambling consultant. "I don't see any end to it," Christiansen said of the tribal boom. "Not in my lifetime. Not in North America."
Even the Oregon State Lottery's own sales projections point to an expanding market of gamblers, and there is hard evidence that people will gamble more if given the opportunity.
For example, when the lottery first offered video poker in 1992 and had only 897 machines in the entire state, the average weekly earning for each machine was $336. Four years later, with 7,437 machines available, the average weekly take nearly tripled to $957 a machine.
Howard J. Shaffer, a gambling addiction specialist at Harvard Medical
School, says that results partly from the fact that 80 percent of the
money -- whether played in the machines or casinos -- will come from the
20 percent of patrons with the heaviest gambling habits.
- -
Here's how the Indian casinos in Oregon are shaping up:
CHINOOK WINDS, Lincoln City
The Comstock Hotel and Casino of Reno, Nev., a private partnership,
loaned the Confederated Tribes of Siletz at least $3.9 million to
establish the Chinook Winds Gaming Center in Lincoln City, and Comstock
manages it for a cut of the profit. The Siletz, with Comstock backing,
tried originally to put a casino on nonreservation land in Salem. They
settled for Lincoln City only after then-Gov.
Barbara Roberts blocked the Salem site. The Siletz are
pursuing an appeal in federal court that would allow the off-reservation
casino and open the door for similar projects by other tribes.
Meanwhile, the Siletz are running a temporary casino near the
beach while constructing a permanent building next door that will put
more than three acres of gambling under one roof.
THE MILL, North Bend
Full House Resorts Inc. -- an Indian Wells, Calif., company partly
owned by former Chrysler Chairman Lee Iacocca -- spent more than $10
million lavishly remodeling a North Bend plywood plant into a casino for
the Coquille Tribe. Full House leases the property from the tribe, which
leases part of it back for the casino. The original deal called for Full
House to receive rent and loan payments as well as a cut of profits
from The Mill, as the casino is known. Both Full House
and the casino's top manager, Bruce Anderson, get $500,000 "golden
parachute" payments if the deal unravels.
Full House recently revised the contract and is in the process
of turning the financing over to GTECH, a giant Rhode Island gambling
equipment manufacturer that runs the Oregon State Lottery's on-line
games. Meanwhile, Coquille officials have discussed putting casinos
off-reservation in Eugene and Medford, according to sources outside the
tribe.
WILDHORSE, Pendleton
Capital Gaming International Inc. of Atlantic City, N.J., loaned the
Confederated Tribes of the Umatilla Indian Reservation $7.5 million to
build the Wildhorse Gaming Resort near Interstate 84 east of Pendleton.
Besides collecting loan payments, Capital gets about 30 percent of the
casino's profits under a five-year management contract.
COW CREEK, Canyonville
In another deal, Capital loaned the Cow Creek Band of Umpqua Indians
$1.28 million to help finance the Cow Creek Gaming Center along Interstate
5 near Canyonville, south of Roseburg. Earlier this month the Cow
Creeks bought out the Capital contract and now run the casino
themselves.
FIVE BEAR, Coos Bay
Capital Gaming had an agreement with the Confederated Tribes of Coos,
Lower Umpqua and Siuslaw Indians to develop and manage a casino in Coos
Bay. But the tribe dropped Capital earlier this month and began talks
with ROI Inc., another New Jersey company started by former Capital
executives.
SPIRIT MOUNTAIN, Grand Ronde
John Hancock Insurance Co. loaned $19 million to build and equip the
$25 million Spirit Mountain Casino for the Confederated Tribes of the
Grand Ronde Community. Located on Oregon 18 between McMinnville and
Lincoln City, the casino opened Wednesday under tribal management.
INDIAN HEAD, Kah-Nee-Tah
The Confederated Tribes of Warm Springs have invested $6 million of
tribal money to install a small casino at the tribes' popular Kah-Nee-Tah
resort 70 miles east of Portland near U.S. 26. Like the Grand Ronde, the
Warm Springs are running their own gambling operation, hiring experienced
staff instead of signing contracts with management firms. The only
Oregon tribes without definite gambling plans at the moment are the
Klamath, near Klamath Falls, and the Burns Paiute Tribe of remote
southeastern Oregon.
- -
Regulation and oversight of the Indian casinos remain major questions swirling around these new enterprises. That's not to say that tribes can't effectively run their own casinos. In fact, throughout the nation, many tribes have proven to be savvy managers and gambling entrepreneurs, running clean, crime-free programs. Four tribes in San Diego County, for example, are widely praised not only for managing casinos that reap combined gross revenues exceeding $250 million annually but also for their progressive community service programs.
Still, Indian casinos have not been immune to infiltration by the occasional corrupt individual or even organized crime:
*In 1993, Chicago mob boss John "No Nose" DiFronzo and his gambling consultant, Donald "The Wizard of Odds" Angelini, were convicted of trying illegally to take over gambling operations on the Rincon Indian Reservation near San Diego.
*In May 1994, four people were charged with racketeering, illegal gambling and money laundering in an alleged scheme involving rigged slot machines on the Morongo Indian Reservation near Palm Springs, Calif.
*Last month, Darrell "Chip" Wadena and two other officials of the White Earth band of Chippewa Indians in Minnesota were charged in a 44-count federal indictment with stealing more than $400,000 by rigging bids at the band's Shooting Star casino.
Part of the problem is that federal oversight of the Indian casinos
has turned out to be a paper tiger. The National Indian Gaming Commission,
for example, remained virtually an empty shell as Congress provided
little money to hire a staff. The commission didn't even have an
office or enough commissioners to make legal decisions for nearly
four years after it was created in 1988, and it didn't hire its first
investigator until 1993, five years after the Indian Gaming Regulatory
Act
was passed.
Today the federal commission still only has eight investigators to cover 139 tribal gambling operations in 24 states. By comparison, the Nevada Gaming Control Board has a staff of 450 and an annual budget of $20 million.
In addition, legal jurisdiction is fragmented. The Indian Gaming Regulatory Act puts bingo and similar games under the tribes and the Indian Gaming Regulatory Commission. But it puts casino games, such as slot machines and craps, under whatever rules the tribes can negotiate with the states.
Oregon's state-tribal compacts -- casino gambling agreements -- spell
out the numbers and types of games that each casino can have and give the
Oregon State Police considerable access to casino offices and records.
Day-to-day security is provided by tribal gaming commission employees
as state police personnel generally remain in their district offices.
Nelson Kempsky, the executive director of the Conference of Western
Attorneys General, says state oversight of tribal casinos is conceptually
flawed. "In Nevada, the state gets around 40 percent of its total income
from casino
gaming, so they have an awesome incentive to make sure the count
is correct, and the rules are followed," Kempsky said. "But a state
regulating Indian gaming has no financial incentive because the state
gets no money from it."
Even the compact requirements that sound good on paper don't really amount to much, some experts say. For instance, Oregon's tribal compacts require casinos to have annual certified audits. But A. Scott Bodeau, chief lawyer for the Nevada Gaming Control Board, says the requirement may not mean much without a program of surveillance and the ability to freeze a counting room without notice.
The basic inventory of a casino, Bodeau says, is cash, and auditors may be left adding up numbers that may or may not be real. Another problem is the shortage of technical experts. "One of the hardest jobs," one law enforcement official said, "is trying to find people who have a combination of electrical engineering and computer skills to have a clue what the (video slot) machines are doing."
That makes the tribal boards primarily responsible for watching out for cheats and skimmers and for deciding how the profits are to be put into community projects or divvied up among members.
Joe H. Lane, the chairman of the Siletz Tribal Gaming Commission, wonders why anyone would worry about tribal members regulating their own casino. "We don't see that as a conflict," said Lane, who once headed the Marion County Republican Party. "We are overseeing our own interests, so we should be more concerned than anyone else."
Craig Dorsay, a Portland lawyer who represents the tribes, agrees. "Do you have to have people from Washington and Nevada on the Oregon Lottery Commission?" he asked facetiously. He points out that Indian tribes are sovereign nations and are no more obligated to invite outsiders to oversee their business than Oregon would be.
Nevertheless, some tribes, including the Grand Ronde, do have
nontribal members on their gaming commissions, including people with
accounting and law enforcement backgrounds.
- -
Who, exactly, will benefit from the casinos?
It should be the tribal members, as new jobs are created, and the
gambling profits are funneled to social services and economic development.
None of the Oregon tribes is considering giving money directly to
members. And, of course, the management companies get their cut first.
Of about 36,000 Oregonians who identify themselves as Native Americans,
only about 15,000, or 42 percent, belong to tribes that own casinos.
Requirements for tribal enrollment vary. Some, like the Grand Rondes,
accept as little as one-sixteenth Indian blood. Others, like the
Warm Springs, require as much as
one-fourth descent. Few of the enrolled members of most
Oregon tribes live traditional lifestyles on reservations. Most live
somewhere else, and about a third typically live out of state.
But Stephen D. Beckham, a history teacher and Indian scholar at Lewis & Clark College, says casinos may revitalize tribes where government programs have failed. "This particular form of economic development does appear to be working," Beckham said. "It has created a new infrastructure. It's generated jobs. It has enabled a number of native people for the first time to at least get out of underemployment and some instances into full employment."
In other parts of the country, a few small tribes with very large casinos have turned their members into multimillionaires. But in Oregon, tribal leaders talk more about jobs and using casino earnings as a springboard for other types of community development. "Our job is to set up the business and run it and make it profitable," said Bruce Thomas, the president of the Grand Ronde tribe's Spirit Mountain Development Corp., "and the tribe then decides how the revenue is distributed. And I can tell you that there are lots of needs. "The tribal elders that live out here need housing. Education is lower than the national average, and we need to solve that problem. Health care is a big concern. Retirement plans are being considered."
Thomas sees the casino as a stepping stone toward more conventional
kinds of economic development. "Gaming comes and goes," he
said. "We want to diversify and do other things -- find other sources
of income so that the tribes can have prosperity long-term. That
all takes capital."
One thing the casinos clearly will do is provide a lot of jobs. The
Grand Rondes eventually will employ more than 1,000 workers, mostly in
full-time jobs with a full package of medical, dental and retirement
benefits.
According to information supplied by the different tribes, Oregon Indian casino jobs will pay an average starting wage of about $415 a week, or $21,605 a year. For perspective, a wood products mill just down the road from Spirit Mountain starts workers at $5.75 an hour, or $230 a week.
So far, however, about three-fourths of the Oregon casino jobs seem
to be going to non-Indians.
Cow Creek Gaming Center, for example, listed only three tribal members
and one other Indian on its 204-person payroll last month. Those
statistics don't sit well with Sue M. Shaffer, the tribe's 71-year-old
chairwoman. She says she has a hard time persuading tribal members
to go to work in their own casino. Rubbing her fingers together, she does
an impression of members who, she says, pressure her to pass out
dividends from the casino instead of taking jobs there. “ `Give
me
money,' " Shaffer mimics. " `We don't want to work. We want to
have multigeneration welfare.' " Shaffer, noting that she worked
multiple jobs to put herself through school some years ago, refuses
to even consider giving free checks. Instead, money from the casino is
going into tribal land acquisition, debt retirement and other community
purposes.
- -
The marketing war already has begun.
Frequent television ads compete for attention as the rival casinos and the Oregon State Lottery woo customers. On Wednesday, the Grand Ronde gaming hall opened 30 miles west of Salem, raising the stakes and making it the closest casino to Portland -- only 65 miles.
A composite picture of the typical tribal casino customer is a 55-year-old white woman tossing money into a video slot. To keep customers wagering, enormous air-cleaning systems flush away the smoke so gamblers can puff without leaving the action. Automatic bank teller machines are installed on many of the casino floors so gamblers can tap their plastic if they run short of cash. And, to encourage women to spend their time gambling instead of standing in line in a restroom, most of the new casinos provide twice as many women's toilets as men's.
How much the tribes are spending on advertising is unclear. But in fiscal 1995, the Oregon State Lottery spent $4.4 million on advertising to convince citizens that gambling is wholesome fun and potentially profitable. The ad messages seem to be working. State lottery revenues increased 25 percent, from $535 million to $672 million -- with the lion's share coming from video poker receipts in places with a "family-oriented atmosphere," according to a senior state economist, Dave Griffiths.
But William R. Eadington, a University of Nevada professor who keeps
a close watch on the gambling industry, says placing video poker
machines in places that cater to families is dangerous business.
"I would say that video lottery terminals, video poker machines, are
the most addictive form of modern gaming," Eadington said. "Ninety-seven
percent of the problem gamblers who are women play video poker, and
only video poker. Which means if you introduce video poker into a
new area, you create a whole new group of gamblers." MONDAY: What
the future might hold as gambling spreads. Source: 10/22/95, The
Oregonian, by James Long and Steve Mayes.
In responding to the Task Force's request, my staff and I reviewed studies
and statistics from other jurisdictions, academic writing, newspaper articles,
and other periodicals. We also spoke with law enforcement, and state and
local officials in Colorado, Michigan, Nevada, California, Mississippi,
Missouri, Louisiana, Pennsylvania, Rhode Island, Iowa, South Dakota, Massachusens
and Connecticut, as well as with analysts and attorneys from the U.S. Department
of Justice and the
National Association of Attorneys General. Finally, in a visit to Atlantic
City, we met with law enforcement and regulatory officials in the New Jersey
Division of Gaming Enforcement, the Atlantic County prosecutor, Atlantic
City police officers, social services officials, and casino security.
In conducting this study, I posed the following questions. Based on the experiences of other states, does crime increase with the introduction of casino gaming? What would the causes be of any increase in crime? Would there be attendant costs and other implications? Finally, how well would Maryland be able to handle any potential effects on criminal activity?
This report addresses these issues and presents the data which is the basis of my own unequivocal conclusion that casinos are a bad idea for Maryland. The experiences of other states paint a grim picture. The details vary, but both the statistics and the experience of responsible officials convey a consistent and oppressive message. A wide range of evidence is set forth in the report, but a few examples are illustrative.
In the last year, crime on the Mississippi Gulf Coast has increased in every category, with murder, rape, robbery and car theft at least doubling. Juvenile violent crime has shot up 65% in the last two years, alcohol-related accidents increased 101% in the first half of 1994, and police describe a staggering increase in fraud and embezzlement.
In the first fifteen years Atlantic City had casinos, violent crime rose by 199%, and larceny skyrocketed 481%. In Black Hawk, Colorado, calls for service went from about 25 a year before gaming, to between 15,000 and 20,000 today. In Deadwood, South Dakota, arrests have increased 262% since the advent of casinos.
In a hearing before Congress on September 29th of this year, a former
Chicago mobster revealed how Chicago organized crime "welcomed" the introduction
of legalized gaming into Illinois; it "created a brand new market for us."
In Biloxi, Mississippi, two former President Casino employees were indicted
last year on federal racketeering charges in connection with an organized
crime scheme that
allegedly bilked the casino out of more than $500,000. In New Orleans,
13 people pled guilty this year to charges that they used a video poker
company to skim profits into the coffers of the Marcello, Genovese, and
Gambino mob families of Louisiana and New York.
As these examples and the full report make clear, casino gaming would unquestionably bring more crime to Maryland.
We could, of course, take certain steps to attempt to minimize this disaster. We would certainly try to take a percentage of casino profits and use it for increased law enforcement resources - more police on the streets, more prosecutors, prisons, and courts, strict regulatory mechanisms, extensive background checks of all casino-related industries. But even if we were able to do all that and more, the fact is that crime in this State would still rise. We would still have many, many more victims of crime, and we already have far too many. It is simply a fiction to delude ourselves that it is possible to have casinos without more crime.
As outlined in the report, casinos would bring increases in virtually every area of criminal activity. These increases would be caused in part by the greater volume of people and money flowing through the State. Yet introducing casinos is not, as some proponents maintain, the equivalent of bringing Disney World to Maryland. The surge in crime would be greater than that which would result from a new Disney park because crime increases from casinos are attributable to more than simply heightened tourism. Crime would rise because of the crime-related problems of compulsive gamblers, the constant exposure of casino workers to substance abuse and other social ills, the pervasive availability of alcohol to casino patrons, and the growing problem of teenage gambling addiction.
The effect of casinos on crime is also different because of the interest of organized crime. Known mob figures frequent casinos to gamble and launder money, and organized crime families attempt continually to infiltrate ancillary industries and to capitalize on an increased market for drugs, illegal gambling, and other ills.
These increases in all types of criminal activity would, in turn, impose
tremendous costs on Marylanders. There would be the daunting costs of bolstering
every segment of our criminal justice system. There would be the incalculable
costs to crime victims in losses of economic, health, and emotional well-being,
as well as, too often, loss of life. Finally, there would be loss of the
perception, and I like to believe still the reality, that Maryland remains
a place to live, visit, and raise families
safely.
We do not need to bring this upon ourselves. We already have crime problems
in this State that sometimes seem insurmountable, and law enforcement all
over the State works every day to try to get them under control. Violent
crime and drugs are destroying some of our communities and threatening
others. Domestic violence and child abuse are scourges upon women and children.
Our criminal justice system is bursting at the seams. A decision to legalize
casino gambling would be a deliberate public policy decision that would
make this crisis worse. That simply makes no
sense.
Once we let casinos in, there is no going back. If we ever allow ourselves to become dependent on the relatively small percentage of casino profits we would be allotted, we would never be able to give it up. We would be trapped - trapped in a dependency on uncertain revenue in exchange for a precipitous decline in the quality of life for all Marylanders. This is too great a price to pay.
Our problems demand of us that we find solutions. Casinos are not a solution to anything. Instead, they will exacerbate existing problems and create new ones. Casinos create more crime. They create more victims of theft, of domestic violence, of drunken driving. They cause the loss of more teenagers to gambling, drug abuse, and crime.
Whatever dubious financial benefits might flow from casino gaming are outweighed by the tremendous social costs. Casinos would forever damage the quality of Maryland life. I urge the Task Force and the people of this State to resist the temptation of money that would benefit too few at the cost of too many.
In a day and age when a paramount concern of our citizens is crime, it is nothing short of incredible to think that our State would seriously consider opening its arms to an industry that would only increase this terrible problem.
And that is the nub of it: a vote for casino gaming in Maryland is a
vote for more crime in Maryland. I vote nay, and I urge you to do the same.
J. JOSEPH CURRAN, JR. , Attorney General of Maryland, October 16, 1995.
Source: 10/16/95 Cecil
County Magazine, by J. Joseph Curran, Jr.
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P.O. Box 1212 Florence, Oregon 97439 |
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