Feds up ante on tribe over poker tournament

LAS CRUCES — The federal entity that regulates tribal gaming has issued a subpoena to the Fort Sill Apache Tribe of Oklahoma, seeking details about a poker tournament the tribe hosted last month in Akela.

The National Indian Gaming Commission, in a July 15 letter, demanded the tribe provide information, including a description of the tournament, the number and names of participants and the names of employees.

The commission warned against ignoring the subpoena.

"Failure to obey this subpoena may lead to court action and an order of contempt of court," according to the document.

The tribe, however, responded with a July 15 letter of its own, saying it was hesitant to provide the information because it believes the federal government might pass the information to New Mexico gaming officials, who also are investigating the tournament. "Therefore, before we intend to voluntarily provide this information, we seek some sort of written assurance that this information will not be used by the NIGC or the Department of Justice to prosecute our employees or customers or that the information will not be provided to the State of New Mexico," said Fort Sill Apache Tribe Chairman Jeff Houser in the letter.

The subpoena was issued by Philip N. Hogen, gaming commission chairman, and Norman H. DesRosiers, gaming commission vice chairman.
Reached by phone Wednesday afternoon, NIGC spokesman Sean Pensoneau declined to comment on the matter.

The tribe hosted the tournament June 22 at its casino east of Deming. Tribal officials said their intent was to force the NIGC to take formal administrative action against the tribe, which would provide a basis for a tribal lawsuit against the government.

The New Mexico Gaming Control Board and the New Mexico State Police also are investigating the tournament.

The tribe earlier this year sought approval from the NIGC to begin gaming at Akela.

Gov. Bill Richardson has opposed the casino, calling it illegal. In addition, an attorney for the National Indian Gaming Commission wrote an opinion in May indicating the tribe didn't have legal grounds to open the casino. But before the opinion could become finalized, the tribe withdrew an application for a gaming authorization that was pending before the commission.

The tribe has contended a 2007 settlement agreement in Oklahoma that involved the federal government provides legal grounds for it to open the Akela casino.

Tuesday, Richardson during a visit to Las Cruces said the state will keep the tribe from conducting further gaming.

"We'll react, and we're not going to let them open," he said.

Silver City Sun News

News Added: 17 July, 2008

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