Showing posts with label Corruption; Pechanga Casino;. Show all posts
Showing posts with label Corruption; Pechanga Casino;. Show all posts

Monday, January 25, 2010

WHY we should demand OPEN audits of Indian Gaming in California

One of our contributors, who is known as Atilla the CPA explains why we need to have more light shining of Indian Gaming in California.

The Casino tribes promised they would take care of our budget issues if we gave them more machines. How's that working out for us?
They said that non gaming tribes would benefit. How's that working out for them?
They said they would take care of their tribal members. How's that working out for over 3,000 tribesman who have been terminated from tribes like Pechanga, Enterprise, Redding, San Pascual, Picayune?

Here's Attila the CPA's post:

The courts offer a forum for resolving many disputes but there are many matters that can’t be effectively resolved by judges and juries, and are effectively resolved in other ways. The courts are reluctant to interfere in who may be a shareholder in a business, or a member of an Indian tribe. Courts cannot second-guess the kind of expenditures that enterprises can make in the furtherance of legitimate purposes except in limited circumstances.


In most enterprises there is a need for professional managers to represent the interests of the owners. This separation of “ownership” and “management” gives rise to needed mechanisms to assure management serves the needs of the owners, and does not confuse management’s interest with the interests of the owners. These “Internal Controls” assure the free flow of reliable information from business and governmental managers to the owners. This information flow assures that shareholders are treated fairly, and that business or government entities expenditures legitimately further the interest of the business or governmental enterprise. It is through fair and complete reporting from managers, that the owners protect their interest.

There are bad guys out there!

In order to prevent Organized Crime from taking over Indian Gaming, The National Indian Gaming Commission and others have developed Minimum Internal Control Standards for Indian Gaming (MICS). There has been considerable resistance from the tribes over the implementation, and content of the MICS, and who should enforce these rules. Some of the tribes want another bite at the apple in drafting the rules.

Who can we trust?

The Tribes say that they can do it themselves; the NIGC says that it is their job, and Jerry Brown; the California Attorney General says that it is his job. While they squabble over who has oversight over enforcement, Tribal Members and the Public pay the price for inaction.

Where the #$%@ are the Auditors?

CPA’s routinely examine payments to shareholders to verify that all shareholders are treated fairly and paid according to terms of the entities entity’s enabling documents, For Indian Tribal Governments, This audit step confirms adherence to policies as outlined in the tribal bylaws and compliance with documentation standards applicable to governmental entities. Tribal compliance with the policies is not exempt from verification under auditing rules. Other audit procedures confirm that regulatory requirements and tax rules are followed, and that Officers and Employees don’t divert organizational resources to themselves.

The Indian Gaming Regulatory Act requires that a CPA firm audit Tribal gaming activities. Additionally The White House Office of Management and Budget requires that a CPA audited Annual Report, along with a report of Internal Control deficiencies be submitted as a condition for receiving Public Funds. The tribal annual reports must follow Governmental Accounting Standards Board accounting rules and disclosure rules and be available to the Public. While the tribes have often placed restrictions on the availability of these reports, they are available, as evidenced by the Torres Martinez Audit Reports published recently by the Palm Springs Desert Sun in conjunction with yet another Indian Country scandal.

There are significant resources fighting against effective oversight of tribal leaders. Tribal leaders fear disclosure. Politicians like Jerry Brown drag their feet to slow the implementation of needed oversight in order to increase their share of tribal campaign financing kitty. Additionally, tribal members have been reluctant to insist on accountability from their leaders out of fear of disenrollment and other forms of retaliation.

Let’s put it in the newspaper!

Now is the time to hold the tribal leaders feet to the fire, and demand full disclosure of internal control deficiencies, and their stewardship of tribal resources. The Palm Springs Desert Sun, to their credit, has shown us how to do it. We must insist that the Pechanga Audit reports be made public, and that Internal control deficiencies be corrected, and that the BIA and other Federal and State agencies be required to explain any failures to exercise their oversight responsibilities.

Wednesday, August 5, 2009

Pechanga Development Corp. Official David Miranda REMOVED by Pechanga Tribal Council

Pechanga Develoment Corp. Official David Miranda accuses the Pechanga Tribal Council led by Mark Macarro of using McCarthyite tactics in his removal from his position.

He has published handouts and flyers reportedly distributed to Pechanga tribal members. David Miranda made his case for tentative reinstatement and Original Pechanga's Blog has been provided copies of these handouts.

We will the address the issues raised by Miranda and review the political implications of the actions by the Pechanga Tribal Council in a series of posts starting tomorrow. Please check the blog for updates.

Saturday, November 1, 2008

CA Tribes Like Pechanga, Not Buying As Many Politicians This Year

The Press Enterprise reports that the Big 4 tribes: San Manuel, Morongo, Agua Caliente and pechanga aren't spending the money greasing the palms of local politicians this election cycle. Could it be that the money spent on the February propositions tapped out their political budget?

Word on the street is that Pechanga has been trying to get the other tribes to share some of their burden as they had to pay so much more in television ads trying to erase the STENCH of their betrayal of their tribal members. Pechanga spent about $50 million more than some of the other tribes, running an infomercial on local television filled with half truths.


The February ballot fight over casino-expansion agreements for the Morongo, Pechanga and Agua Caliente tribes and the Sycuan tribe in San Diego County burned through nearly $150 million. The three Inland tribes put up nearly $110 million of that, according to state records.
The casino business, meanwhile, has slowed. In July, the Pechanga casino laid off 400 workers because high gas prices and the struggling economy (NOT TO MENTION the negative publicity)were keeping customers away.


So, here is what has happened:

Two years ago, the region's wealthiest tribes -- the Agua Caliente Band of Cahuilla Indians in the Coachella Valley, the Morongo Band of Mission Indians near Banning, the Pechanga Band of LuiseƱo Indians near Temecula, and the San Manuel Band of Mission Indians near Highland -- spent an average of $1.3 million each in direct contributions to state candidates, political parties and independent expenditures in the months leading up to the November 2006 election, according to state campaign-finance reports.
As of Friday, the four tribes had spent a fraction of that. Much of the money came only in the past day or two, less than a week before Election Day.


Why keep paying for someone when they are already in your pocket? And, has anyone checked to see HOW MUCH, Pechanga Spokesman Macarro has donated out of his OWN pocket? Politicians, if they don't contribute from their OWN wallets, that means they don't trust OR care about you.

Saturday, July 26, 2008

Does Pechanga have to Pay into Unemployment Fund?

As a sovereign nation, is the Pechanga Tribe required to pay into the State unemployment fund? Will those affected by the layoffs be able to collect unemployment? Is this a good time for the Unions to come in and try to organize the tribes, or are they just so weak they don't have the spirit to work hard?

Monday, June 2, 2008

Temecula AGAINST Pechanga's Land Transfer and Darrell Issa's HR 2963! UPDATE

UPDATE: CONTACT INFO FOR DARRELL ISSA BELOW

The City of Temecula has sent a letter to Rep. Darrell Issa in opposition to HR2963, which is a land transfer to the Pechanga Band of Unconstitutional Indians. The reason: Pechanga LIED about their last land transfer, that we discussed HERE. Pechanga said that they wanted the last land transfer to preserve the cultural resources and according the the letter from the city of Temecula:

In 2004, the City was supportive of HR 4908 (Issa) but did request that if in the future the Band's plans for the area changed, the Tribe consult with the City to ensure that all local issues are appropriately addressed. As a result, we are more concerned now because these opens space areas now contain the Pechanga tribe's golf course. These land uses were "wswitched out" irrespective of the representations made in teh federal environmental documentation.

In other words for Pechanga, "a lie is as good as the truth, if you can get someone to believe it."

The city of Temecula believs a strong and accountable enforcement provision is necessary. We've been saying that for quite a while about the Indian Civil Rights Act that Pechanga cares nothing about.

City of Temecula Leaders... won't you join the disenfranchised Pechanga people who have lost their citizenship (not membership) in Pechanga? Or, does it only bother you when a golf course ruins your view? Time to stand up for what is right.

UPDATE: The process calls for Pechanga to get 1200 additional acres from the rest of the United States. Perhaps they should get the parcel reduced by..say..25%, since that is how much they have reduced their tribal citizenship. NO LAND FOR PECHANGA until they restore the civil rights they took away from the people.

Contact Info for Darrell Issa:

San Diego County Office1800 Thibodo Road, #310Vista, CA 92081phone: 760-599-5000 fax: 760-599-1178

Washington D.C. Office211 Cannon HouseOffice BuildingWashington, DC 20515phone: 202-225-3906 fax: 202-225-3303

Friday, May 30, 2008

Pechanga: Expanded GAMING Problems: We TOLD YOU SO. Temecula Suffers

We TOLD YOU this would happen. Temecula loses money from gaming, the state gets it. Trickle down economics doesn't work if the State doesn't balance it's budget. Temecula gets hosed.
Pechanga is in NO hurry to negotiate. BE SURE to read the comments at the article link below.

TEMECULA: New slots equal $ for state, but what about the city?

By NICOLE SACK - Staff Writer
TEMECULA ---- The billboards along Interstate 15 announced the news clearly: "1,300 New Slot Machines."Inside the Pechanga Casino, signs asked patrons to "pardon our digital dust," as the number of slot machines increased from 2,000 to 3,300.New agreements between Gov. Arnold Schwarzenegger and four Indian tribes approved by voters earlier this year have paved the way for four tribes in the state to add 17,000 new slot machines. Locally,
Pechanga, got the green light to add up to 5,500.
The new agreements, popularly referred to as compacts, alter the way the tribes will be contributing money to adjacent cities and counties that are most affected by the additional traffic and increased crime that nearby casinos can bring. Now, instead of the tribes contributing a set amount to offset local impacts, each city and county will have to meet with the tribes in their area to negotiate for a new cut of the gaming pie.
The legal language within the compacts states that before any "project" begins, Pechanga must negotiate an intergovernmental agreement with the city and the county to deal with any negatives effects that project would have on the surrounding area.But even members in the governor's office, say that those "projects" are evaluated on a case-by-case basis.
Who evaluates those case-by-case scenarios? That appears to be anyone's guess.

Temecula had been a direct beneficiary of that money, receiving $2.7 million in 2006.Although the tribe no longer has to make that payment, it is making another ---- much larger ---- one. But now the money is being paid directly to the general fund, the state's main operating account.According to the terms of the new compact, Pechanga's annual payment to the general fund is a minimum of $42.5 million ---- all of which is swept into the state's bank account and none of which is passed on to local governments.

Read full article
HERE Read this article on Pechanga

Thursday, May 29, 2008

Pechanga.net's Editor V.Rocha Eloquently Defending Pechanga's Actions

UPDATE 2: Pechanga Chairman Macarro, of Colton, CA, enters the discussion by throwing his cousin Victor under the bus in his response to Tamra Brennan, of NDNnews. He advises NOT to view Victor's website.

From: Mark Macarro
To: ; Marc Luker ; Pechanga Tribal Council (Council Members Only) ; norman@pechanga-nsn.gov
Sent: Wednesday, May 28, 2008 5:32 PM
Subject: Re: Regarding Pechanga response letter

Tamra,

Victor is a tribal member but his website is a private project and is privately owned by him. The tribe has no role in
pechanga.net nor does the tribe advise or consent on his editorial content. (Ya think the tribe wouldn't say anything to Victor if he published the stories of what goes on at Pechanga?)
Further, Victor doesn't represent the tribe in any capacity, officially or unofficially. (So that LINK to the Pechanga Casino is there by accident? Oh, and the name of that website again is??)

What he does is his own business--literally. My suggestion to you however, is ignore him and stop responding. Out of the millions of websites out there, you choose to spend your time on Victor? (Nice one, cousin Mark! EVERYONE, DON'T SPEND TIME on my Cousin Victor's website)

Don't let him control you like this.And stop sending the Pechanga Tribal Council emails please. You are now spamming and it is not appreciated.

Thank you.

OP: A letter of concern over the response of a highly regarded (in his own mind) Pechanga member, over what the tribe has done to their people is considered SPAM?

UPDATE:Victor keeps on showing his conversational skills. Not bad for an Eisenhower HS boy. His mom must be proud of him showing his Rialto skills. Here, he replies to Tamra Brennan, proprietor of http://www.ndnnewscom/ a site that you should ALL take the time to visit and learn more about what's happening in Indian Country.


From:
Victor Rocha
To:
Tamra@NDNnews.com
Sent: Tuesday, May 27, 2008 10:36 AM
Subject: RE: Regarding Pechanga response letter
What a bunch of retarded drivel. If you spent more time on your crappy website than worrying about Pechanga…. you’d still have shitty website.
Victor Rocha
www.pechanga.net

From:
Tamra@NDNnews.com [mailto:Tamra@NDNnews.com] Sent: Tuesday, May 27, 2008 8:13 AMTo: victor@pechanga.netSubject: Regarding Pechanga response letter

Victor,

Your actions and email response to Marcie were deplorable, and a prime example of the disgrace Pechanga has become with eliminating your Tribal Members. You represent a media news source for the Tribe, your response was extremely unprofessional and a great representation of the Tribe! I wonder how the Tribal Council will feel about you speaking to a member of the general public with these vulgar statements, on their behalf. I hope that all of the major media in San Diego and Riverside Counties, read your disgusting remarks, it will show them exactly what Pechanga is all about and what they really represent, Disrespect and GREED. How much is enough Victor? Do you and the Tribal Council even realize that your actions are a prime example of assimilation? When money comes before your own people, before your own relations, that is assimilation.
Tribal gaming has attributed to and brought the dominant cultures disease, greed.

What this amounts to is, a modern day cultural genocide and is resulting in what Native people have been fighting since 1492, only now, it is Indians ~vs.~ Indians. You are falling into what the dominant society has been attempting to accomplish for hundreds of years; to conquer and divide. All Native people will be affected by this in the end. Our ancestors fought against genocide with thousands giving their lives to protect the way of life for the people. I think they would be disgusted and appalled with this disease that is tearing apart and dividing Indian Country. Tribal gaming should have strengthened Tribal Sovereignty, brought financial freedom to the people and given hope for the future generations. Instead in cases, such as Pechanga and many others that have eliminated tribal members, it has brought disunity and greed.

It is bad enough that Tribal Sovereignty is a issue that has to be fought to keep in place, why continually fight each other? Today, Native people continue to be suppressed, ignored and cultures disrespected. The continual division in Indian Country over tribal gaming, dis-enrollment issues and blood quantum issues could ultimately be the destruction of Native people. If everyone would unite as one people, one nation, we would become stronger and more powerful. This would be a step forward in ensuring as Indian people we don’t loose our ways, or let them succeed in the pursuit of Native People's extinction.


Tamra Brennan
Founder/Director
www.NDNnews.com

Victor is the first cousin of Pechanga Chairman Mark Macarro, whom another cousin of theirs has accused him of making threats to her. They are keeping their cousin out of the tribe in the illegal moratorium.
Marcie's letter details her feelings about what Pechanga's actions have done to the Native American community and how she feels that Pechanga could solve this travesty of justice.

From: Marcie
Sent: Sunday, May 25, 2008 8:25 PM
To=victor@pechanga.net
Subject: Re: Disenrollment

To Whom it may concern:
Chairman Macarro,Tribal Council,

I am part of the Native American Community and find what you have done to generations of legitimate tribal members in the name of greed just another form of Indian Genocide. Only this is being done by their own people. How can you live with yourselves?

We as Native Americans have fought for generations against the genocide from white settlers against all our Nations and for what? GREED!!!! Yet it would seem that some tribes such as yours have not learned a very hard lesson by past acts against our people. Greed for our land caused the massacre of many thousands of our people. Greed to own something caused the mass anihilation of the buffalo herds so that we would starve to death and the settlers could waste the meat and only take the hides to sell for money.

Our own people over hunted to trade hides to the settlers for their trinkets and weapons and wiped out their own food sources so that their people went hungry, my tribe included. For what ? Greed! Has all these trials of our ancestors taught you nothing?

Bring All your people back home where they belong and apologize for your greed and irresponsibility to your people. You are setting a precedent of scorn for your actions against your own people. I am ashamed of you and your tribe for it's actions as are so many others.

You Shame the traditional Native People of this continent! The Casino money should be going to improve substandard housing, medical care, substance abuse, the tribal elders needs, better education for your children etc. You are teaching by example that the invaders of this country are right and greed is what counts and people , your families, your children all will learn from your example that nothing counts except self and money.

This Earth will never be again in balance with tribes like you contributing to it's imbalance by throwing away relatives, your own people. We are supposed to be the stewards of this land. As well as our people. You are not stewards, you are no better than those who massacred our ancestors.

Marcie
Mvskoke
Fla.USA

Author and Editor Rocha's eloquent response, apparently speaking for Pechanga, as he responded without authorization. Will he be censured?

From: Victor Rocha
Date: 5/25/2008 11:44:25 PM
To: Marcie
Subject: RE: Disenrollment

Blah, blah, blah, blah!
STFU & GFY
Victor Rocha
http://www.pechanga.net/

Feel free to respond to Victor at his pechanga.net site and tell your friends! I've kept Marcie's email private, but Victor's is public. Thank you Marcie, for speaking out on this, I'll make sure Pechanga receives it, as well as Temecula area businesses.