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ANDREW W. TWIETMEYER State Bar No. 254436 1 LAW OFFICE OF ANDREW
W. TWIETMEYER
10780 Santa Monica Blvd., Suite 401 2 Los Angeles, CA 90025
fFU[L~[Q) SUPERIOR COURT OF CALIFOR IA
COUNTY OF RIVERSIDE Tel: (310)909-7138
3 Fax: (310)446-2140 email: [email protected]
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5 Attorney for Plaintiff, BENEDICT COSENTINO
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JUN 11 2013 R. Alessandro
SUPERIOR COURT OF THE STATE OF CALIFORNIA 7
COUNTY OF RIVERSIDE 8
9 UNLIMITED JURISDICTION
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11 BENEDICT COSENTINO,
12 Plaintiff,
13 vs.
14 STELLA FULLER (an individual); JOHN R. MAGEE (an individual);
JASON P.
15 MALDONADO; (an individual); WILLIAM R. RAMOS (an individual);
ROBERT B. VARGA
16 (an individual); and DOES 1 to 50 inclusive, 17
Defendants.
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Case No.: MCC 1300396
DECLARATION OF BENEDICT COSENTINO IN OPPOSITION TO DEFENDANTS'
MOTION TO QUASH/MOTION TO DISMISS COMPLAINT
Date: June 24, 2013 Time: 9:00 a.m. Dept.: 12
Complaint filed: March 25, 2013
[Opposition to Motion to Quash/Motion to Dismiss; Evidentiary
Objections to Declaration of Mark Macarro; and [Proposed] Order on
Evidentiary Objections to Declaration of Mark Macarro; Request for
Judicial Notice filed concurrently]
23 DECLARATION OF BENEDICT COSENTINO
24 I, Benedict Cosentino, declare as follows:
25 1. I am over 18 years of age and have personal knowledge of
the facts in this
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DECLARATION OF BENEDICT COSENTINO IN OPPOSITION TO DEFENDNTS'
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declaration except for those matter which I declare upon
information and beliefwhich matters
I believe to be true. If called as a witness, I could and would
competently testify to these facts
under oath.
1. In April, 2007, I started working as a table games dealer at
the Pechanga Casino.
2. When I started that job, I already had 9 years of experience
working as a table games
dealer in other Casinos in Nevada and California.
3. During my first day on the job, I attended an orientation
session. In that session, a
representative of the Pechanga Casino's human resources
department told me that I should come
forward if I saw anything improper happening at the Pechanga
Casino. He told me, we don't
retaliate.
4. In my first few months of employment at the Pechanga Casino,
I saw numerous
instances of what I believed to be criminal misconduct including
an online casino being operated
from the floor of the Pechanga Casino; brokered marriages to
immigrant workers; loan sharking;
buying and selling jobs at the Pechanga Casino; extortion and
bribery; comp fraud; rampant
employee theft; collusion between corrupt dealers, supervisors
& players.
5. I was very troubled by what I saw, and, in or about June
2007, I confided in my
licensing agent at the Pechanga Casino, Ms. Hiroko Arnold about
what I had witnessed.
6. Shortly thereafter, I received a call from Pechanga Casino
compliance officer, Tim
Hawk. Mr. Hawk told me that he gave my contact information to
Walter McKinney and Martin
Hughes of McKinney Investigations, LLC.
7. I am informed, and believe that I can prove, that in 2006,
the Pechanga Development
Corporation hired McKinney Investigations to conduct an internal
investigation into criminal
corruption involving employees of the Pechanga Casino.
8. In or about July 2007, I met with Mr. McKinney and Mr. Hughes
and told them what
I had witnessed happening at the Pechanga Casino. Mr. Hughes
asked me if I would assist the
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California Department of Justice as a confidential informant. I
agreed to do so.
9. Thereafter, I assisted the Department of Justice as an
informant on numerous criminal
investigations.
10. I agreed to assist law enforcement because I could not bear
to stand idle while the
Pechanga Band was robbed by their patrons and their own
employees.
11. In acting as a confidential informant, I risked my personal
safety to help prevent theft
from the Pechanga Band and to protect the integrity of the
Pechanga Casino's gaming activities.
I never asked for any payment or reward, and never received any.
I was just doing what I
thought any decent person was obligated to do.
12. I am informed, and believe that I can prove, that with my
assistance, law enforcement
identified corrupt Pechanga Casino employees and patrons, and
developed evidence which lead
to several convictions.
13. In May 2009, I accompanied Mr. McKinney and Mr. Hughes to a
meeting with the
Pechanga Gaming Commission. The Commission was then lead by
Chairman Norman Pico.
Mr. Pico passed away in 2010. Defendants Maldonado, and Ramos
also sat on the Commission
at that time.
14. In that May 2009 meeting, I told the Commission about my
assistance to McKinney
Investigations and the Department of Justice as a confidential
informant. I told the Commission
about the ongoing criminal activities happening at the Pechanga
Casino. Chairman Pico thanked
me repeatedly and asked me why I had gotten involved. I replied
that to see what I saw and do
nothing would have been too hard to live with.
15. I am informed, and believe that I can prove, that after the
May 2009 meeting, the
Commission sought the assistance of the United States Department
of Justice, the California
Department of Justice and the Riverside County District
Attorney's Office in investigating
criminal corruption at the Pechanga Casino involving vendors,
employees, and elected officials
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of the Pechanga Band.
16. From then on, Chairman Pico frequently sought me out to
speak with me about what
was happening on the Pechanga Casino floor. Chairman Pico
repeatedly thanked me for my
help.
17. I am informed, and believe that I can prove, that in or
about late 2009, Defendant
Fuller was elected to the Commission.
18. I am informed, and believe that I can prove, that on more
than one occasion when the
Commission met with investigators to discuss the investigation
at the Pechanga Casino,
Chairman Pico insisted that Defendant Fuller leave the room.
19. In October 2010, Chairman Pico passed away leaving a vacant
seat on the
Commission which then consisted of Defendants Fuller (who became
Chairwoman), Vargas,
Ramos, and Maldonado.
20. I am informed, and believe that I can prove, that on March
6, 2011, the Pechanga
Band held an election to fill the empty seat on the Commission
left when Chairman Pico passed
away. Defendant Magee was elected to fill that seat on the
Commission.
21. I am informed, and believe that I can prove, that on March
29, 2011, the Commission
notified the Pechanga Casino's director of table games, Thomas
Butler, by email, that the
Commission wanted to meet privately with me at 11:00 a.m. on
Friday April 1, 2011. The
Commission did not send that email to me or otherwise notify me
of its desire to meet with me.
22. Instead, I learned about the March 29, 2011 meeting the
following day from my
licensing consultant, Valentina Hildebrand. Ms. Hildebrand
surreptitiously informed me about
the meeting and asked me not to tell anyone that she had told
me.
23. Ms. Hildebrand also gave me a copy of the March 29, 2011
email. A true and correct
copy of the email that Ms. Hildebrand gave me is attached to
this declaration as Exhibit "A."
24. My regular Friday shift began at 12:00 p.m. However, on
Thursday, March 31, 2011,
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my floor supervisor informed me that I was to report to work and
start my shift that Friday at
10:00 a.m.
25. I was dismayed to learn that the Table Games Department had
rescheduled my shift
to conflict with my 11:00 a.m. meeting with the Commission.
However, to protect Ms.
Hildebrand's confidence, I did not protest the scheduling
change. I assumed that the scheduling
change was an unfortunate coincidence and that, when summoned by
the Commission, my
supervisor would simply relieve me from my shift.
26. After I left work on March 29, 2011, I made three calls to
agents at the California
Department of Justice with whom I had worked in my capacity as a
confidential informant.
27. Each of those agents told me that if the Commission asked me
about my activities as
a confidential informant, I could not reveal any information
about open cases because some of
the open cases involved family members of Defendant Fuller.
28. On Friday April 1, 2011, I commenced my shift at 10:00 a.m.
At 11:00 a.m. I was
still at my assigned table with chips in play. The rules of the
Pechanga Casino strictly forbade
me from leaving my table until relieved by another dealer.
29. At approximately 11:25 a.m., another dealer finally appeared
at my table and relieved
me. My floor supervisor then told me to go to the Pechanga
Casino's table games office.
30. I did as I was told. When I arrived at the table games
office I was left standing there
for approximately twenty minutes. Mr. Butler's secretary, Marcia
Yount, then told me that I was
supposed to have met with the Commission at 11:00 a.m. I
explained that I was at my table with
chips in play working my assigned shift, and that I was not
relieved until 11:25.
31. Pechanga Casino Day Shift Relief Supervisor, Valeri
Pinnochi, then informed me that
I was suspended pending an investigation. I was immediately
escorted from the Pechanga
Casino and told that I was barred from the premises until
further notice.
32. In the following days, I called the Pechanga Casino every
few days to inquire about
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my status and when I could return to work. No one returned my
calls.
33. I am informed, and believe that I can prove, that on April
19, 2011, defendant Ramos,
caused a letter to be sent to my former address--though I had
provided the Pechanga Casino with
a current P.O. Box where I was receiving mail--and where I had
received prior correspondence
from the Pechanga Casino.
34. The April 19 Letter (which was given to me personally more
than two weeks later)
stated that the Commission had suspended my license with intent
to revoke, and that I had the
right to petition the gaming Commission for a hearing on the
suspension and revocation.
35. Because Defendant Ramos sent the April 19 Letter to my
former address, I did not
receive the letter. Consequently, I did not know that I could
petition the Commission to request
a hearing on my suspension, and therefore, I did not petition
the Commission to request any
such hearing.
36. A true and correct copy of the April 19 Letter (which the
Commission's secretary
gave me on May 4, 2011) is attached to this Declaration as
Exhibit "B."
37. After being escorted from the Pechanga Casino on April 1,
2011, I had spent more
than a month without any income, and was unsure whether I had a
job at the Pechanga Casino.
On or about May 3, 2011, a friend of mine, Lucy Allen, persuaded
me to call Defendant Ramos
to inquire about my status.
38. On or about May 4, 2011, I called Defendant Ramos and asked
him whether I had
been fired. Defendant Ramos told me repeatedly that I was not
fired and that the Commission
just wanted to talk with me. Defendant Ramos requested that I
meet with the Commission.
39. Defendant Ramos did not tell me that the Commission had
suspended my license
with the intent to revoke it. Nor did he tell me that I could
petition the Commission to request a
hearing on the suspension and revocation of my license.
Therefore, I did not request any such
hearing.
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40. Instead, at Defendant Ramos's request, I agreed to meet with
the Commission hoping
that I could get back to work as I had been without an income
for more than a month.
41. Defendant Ramos referred me to the Commission's secretary
Sally Bora. I spoke
with Ms. Bora by telephone on May 4, 2013. Ms. Bora told me that
she had a letter for me and
asked me for my address.
42. I did not feel comfortable sharing my home address,
therefore, I requested that she
send the letter to my P.O. Box. Ms. Bora replied that the
Commission would not send
correspondence to a P.O. Box. Therefore, I told Ms. Bora that I
would come to retrieve the letter
personally from her.
43. On May 5, 2011, I went to retrieve the letter from Ms. Bora.
When I arrived, Ms.
Bora gave me a copy of the April 19, 2011 Letter (a true and
correct copy of which is attached to
this Declaration as Exhibit "B") informing me, for the first
time, that the Commission intended
to revoke my license.
44. After receiving the April 19, 2011 letter, I was unsure what
I should do. I had met
with the Commission about my cooperation with law enforcement
when Norman Pico
was chairman. However, now that Norman Pico had passed away, and
now that Department of
Justice representatives had told me that Defendant Fuller's
family members might be implicated
in some of the cases I was involved in, I was unsure why the
Commission wanted to meet with
me.
45. Ms. Bora called me again on or about May 6, 2011. She told
me that she had
scheduled my meeting with the Commission for May 11, 2011 and
that she had a letter
confirming the date for me. I told her to keep the letter and
that I would pick it up when I
arrived.
46. Despite my misgivings, I desperately needed a job and hoped
that I would simply be
given the opportunity to explain why I was unable to attend the
April 1, 2011 meeting.
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Therefore, on May 11, 2011, I returned to the offices of the
Commission for the meeting as
scheduled.
47. When I arrived at the offices of the Commission on May 11,
2011, Ms. Bora gave me
a copy of the letter, which is dated May 4, 2011. A true and
correct copy of the May 4, Letter is
attached to this Declaration as Exhibit "C."
48. The letter states that I requested a hearing on my
suspension. That is not true.
49. On the contrary, I had agreed to meet with the Commission
pursuant to Defendant
Ramos's request during our telephone conversation of May 4,
2011. I told Ms. Bora that I never
requested a hearing, but that I was meeting with the Commission
at the Commission's request.
50. Ms. Bora offered no explanation for the letter.
51. I then met alone with the five members of the Commission
(Defendants Fuller,
Vargas, Ramos, Maldonado, and Magee). No one other than those
five Defendants and I was
present for the duration of the meeting.
52. Each of the five Commissioners shook my hand and thanked me
for meeting with
them. Defendant Ramos asked me if they could record the meeting,
and Defendant Fuller told
me that the meeting was between the five Commissioners and me
only, and that "nothing said
would leave the room." I agreed to allow the Commission to
record the meeting.
53. The meeting then commenced. I asked the Commissioners if I
was fired. Defendants
responded that I was not fired.
54. The Commission then proceeded to ask me questions about my
assistance to
McKinney Investigations and the Department of Justice as a
confidential informant.
55. The meeting was not conducted as a hearing on my fitness to
retain my Pechanga
Gaming License. Instead, the meeting felt more like an
interrogation session during which
Defendants pressured me to disclose what information I knew and
what I had shared with
McKinney Investigations and law enforcement.
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56. During the course of the interrogation, Defendant Fuller
repeatedly interrupted me,
scowled at me, and at one point, even shouted at me.
57. The interrogation went on for over an hour. At the end of
the interrogation,
Defendant Fuller stated to me, before she left the room, that
the Commission would notify me of
its decision.
58. Because the meeting had focused on interrogating me about my
cooperation with law
enforcement, I did not understand what decision she was talking
about, so I asked her, what
decision? Ms. Fuller responded that she was referring to the
Commission's decision about
revoking my gaming license.
59. When I exited the room where I had just been interrogated,
Raymond Miranda was
standing right outside the room. He entered the elevator with me
and stared at me as I rode the
elevator to the first floor and exited the building. I am
informed, and believe that I can prove,
that Raymond Miranda is Defendant Fuller's father.
60. On May 13, 2011, Defendant Ramos telephoned me and left a
voicemail. I returned
Defendant Ramos's call and we spoke.
61. During the course of that call, Defendant Ramos repeatedly
pressured me to resign
from employment at the Pechanga Casino. Defendant Ramos told me
that, if I would not resign,
the Commission would revoke my gaming license.
62. Mr. Ramos told me a revocation would likely prevent me from
ever getting another
job in any tribal casino.
63. I was confused by Defendant Ramos's insistence that I
resign, and shocked to learn
that the Commission was intent upon revoking my gaming license
if I refused to resign.
64. I asked Defendant Ramos if the Commission intended to revoke
my gaming license
because I missed the April 1, 2011 meeting. Defendant Ramos told
me that missing the April 1
meeting was one reason, however, Defendant Ramos also admitted
that the Commission
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received a letter from my supervisor stating that he had kept me
at my table and thereby
prevented me from attending the April 1 meeting.
65. I asked Defendant Ramos what would happen to my supervisor
and he told me that
the Commission was "looking into it."
66. Since Defendant Ramos made clear to me that the Commission
had been informed
that I was prevented from attending the April 1, 2011 meeting, I
asked Defendant Ramos again
why the Commission intended to revoke my license.
67. Defendant Ramos said that the other reasons for revoking my
gaming license were
"personal," and that Defendant Ramos could not share them with
me.
68. I asked Defendant Ramos if the Commission had voted
unanimously to revoke my
Gaming License. Defendant Ramos refused to tell me whether or
not the vote was unanimous.
69. I refused to resign stating that I had done nothing wrong,
and that if I was not going
to be able to return to work at the Pechanga Casino, then I
needed to apply for unemployment
insurance benefits while I sought another job. Defendant Ramos
stated that the Commission
would send me a letter revoking my gaming license.
70. On or about May 18, 2011, I received a Team Member
Separation Form from the
Pechanga Casino. The form was mailed to my P.O. Box. The form
indicates that my
employment with the Pechanga Casino was involuntarily terminated
as of May 17, 2011 because
I was unable to maintain my gaming license. Two true and correct
copies of the form (one
printed in high contrast for legibility of the handwriting
thereon) are attached to this declaration
as Exhibit "D."
71. On or about May 25, the Commission's secretary, Sally Bora,
telephoned me to
inform me that she had a letter for me to pick up. The letter
was addressed to me at my former
address and signed by Defendant Fuller. A true and correct copy
of that May 25 letter is attached
to this declaration as Exhibit "E."
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72. To date, no reason for my revocation has ever been provided
to me.
73. I am informed, and believe that I can prove, that because
the Commission had no
legitimate reason for revoking my gaming license, neither the
Commission nor any Defendant
reported the revocation of my gaming license to the National
Indian Gaming Commission.
74. I am informed, and believe that I can prove, that despite
Defendants' promise that my
May 11, 2011 meeting with the Commission would remain strictly
between the five
Commissioners and me, Defendants have shared the transcript or
recording of that meeting with
third persons.
75. In July 2011, Defendant Ramos contacted me and requested
that I meet with him. I
met with Defendants Ramos for approximately two hours during
which time he went through an
extensive list of Pechanga Casino employees and he asked me to
identify any corrupt employees
on the list. I assisted Defendant Ramos by identifying both
corrupt and trustworthy employees.
76. Tribal member Raymond Basquez and his wife Linda contacted
me in or about
October 2011, and asked me to meet with Pechanga Tribal Council
member, Ken Perez.
77. During the next several weeks, I met with Mr. Perez several
times and spoke with
him by telephone on numerous occasions. He asked me to meet with
the Pechanga Tribal
Council and tell them about my experience at the Pechanga
Casino.
78. Mr. Perez asked me to draft a timeline of what had happened
to me so that he could
review it prior to the meeting. I drafted a timeline by hand on
four sheets of legal paper. Mr.
Perez wrote notes in the margin of the timeline. A true and
correct copy of the timeline, with Mr.
Perez's hand-written comments visible in the margins, is
attached to this declaration as Exhibit
"F."
79. On December 13, 2011, pursuant to Mr. Perez's request. I met
privately with the
Pechanga Tribal Council. I told them about my experience
including 1) how I witnessed
criminal activity at the Pechanga Casino; 2) how I came forward
to report that criminal activity;
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3) how I assisted law enforcement in rooting out corruption and
convicting Pechanga Casino
employees and patrons who had robbed money from the Pechanga
Band; 4) how I was
summoned to a meeting with the Commission that my supervisors
prevented me from attending;
5) how I was suspended from work at the Pechanga Casino on April
1, 2011; 6) how on May 11,
2011, the Commission summoned me to its offices to interrogate
me about my assistance to law
enforcement; and 7) how, after interrogating me, the Commission
demanded that I resign and
revoked my gaming license when I refused to do so.
80. As I was explaining this time line to the Tribal Council,
Tribal Councilwoman
Corrina Hicks observed that revocation of a gaming license was
tantamount to an accusation of
theft, and that Pechanga would never hire someone who had had
their license revoked.
81. The Members of the Pechanga Tribal Council in attendance at
the December 13, 2011
meeting all thanked me and apologized to me for what I had been
through. However, I was not
offered the opportunity to return to my former job, or to any
job at Pechanga.
82. I am informed, and believe that I can prove, that after I
met with the Pechanga Tribal
Council, the Tribal Council met with Manny Sanchez, an agent
with local office of the National
Indian Gaming Commission with whom I had worked in my capacity
as a confidential
informant.
83. I am informed, and believe that I can prove, that Manny
Sanchez corroborated my
account to the Tribal Council.
84. I am informed, and believe that I can prove, that prior to
my meeting with the Tribal
Council, McKinney Investigations's internal investigation of
criminal corruption at the Pechanga
Casino had been placed on hold.
85. I am informed, and believe that I can prove, that after the
Tribal Council met with me
and then with Mr. Sanchez, the Pechanga Tribal Council decided
to have McKinney
investigations present the results of its internal investigation
to the Pechanga Band.
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86. I am informed, and believe that I can prove, that on or
about March 11, 2012,
McKinney Investigations gave a presentation to the general
membership of Pechanga Band
about its internal investigation of criminal corruption related
to the Pechanga Casino.
87. I am informed, and believe that I can prove, that during the
March 11, 2012
presentation, McKinney Investigations presented evidence that
one or more of Defendant
Fuller's family members was involved in criminal corruption
related to the Pechanga Casino.
88. I am informed, and believe that I can prove, that during the
March 11, 2012
presentation, McKinney Investigations (without revealing my
identity) told the general
membership: 1) how I had come forward to report witnessing
criminal activity at the Pechanga
Casino; 2) how I had assisted law enforcement in rooting out
corruption and convicting
Pechanga Casino employees and patrons who had robbed money from
the Pechanga Band; 3)
how I was summoned to a meeting with the Commission that my
supervisors prevented me from
attending; 4) how I was suspended from work at the Pechanga
Casino on April 1, 2011; 5) how
on May 11, 2011, the Commission summoned me to its offices to
interrogate me about my
assistance to law enforcement; and 6) how, after interrogating
me, the Commission demanded
that I resign and revoked my gaming license when I refused to do
so.
89. I am informed, and believe that I can prove, that Defendant
Fuller then rose to speak
and repeatedly identified me by name and falsely stated that I
am a convicted felon.
90. I am informed, and believe that I can prove, that
immediately after the March 11,
2012 presentation, the Pechanga Band imposed sanctions on one or
more members of Stella
Fuller's family.
91. I am informed, and believe that I can prove, that within
days of the March 11, 2012
presentation, Defendant Fuller resigned from the Commission
under pressure from the Pechanga
Band.
92. On March 16, 2012, Defendant Magee telephoned me and asked
me to come to meet
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14DECLARATION OF BENEDICT COSENTINO IN OPPOSITION TO DEFENDNTS'
MOTION TO
QUASH/MOTION TO DISMISS COMPLAINT
1
2
3
4
5
6
7
8
9
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11
12
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15
16
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18
19
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22
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at the Pechanga Band's legal office on March 19, 2012.
93. At that meeting, Pechanga Deputy General Counsel, Steve
Bodmer gave me a letter
signed by Defendant Vargas and addressed to my former address.
My name is misspelled in the
letter. When I pointed that out, Mr. Bodmer reached over and
crossed out a misplaced letter 'n'
from my last name. The March 16, 2012 letter states that the
Commission had reconsidered the
revocation of my license and that my license is no longer
considered to be revoked. A true and
correct copy of that March 16, 2012 letter is attached to this
declaration as Exhibit "G."
94. I did not understand, and I still do not understand, the
meaning or value of the March
16, 2012 letter. I told Mr. Bodmer that if I disclosed to
prospective employers that my license
had ever been revoked, I would never be hired. Mr. Bodmer told
me to tell any casino where I
applied for work simply that I had quit working at the Pechanga
Casino. He said, other casinos
would never know that Pechanga had revoked my license. I
reminded him that if any casino
found out that I had been revoked I would be fired for not
disclosing the revocation. Mr.
Bodmer offered no advice on that problem.
95. Before leaving the March 16, 2012 meeting, I requested a
copy of the March 16,
2012 letter with my name spelled correctly. On or about June 13,
2012, I received a copy of the
letter with my name spelled correctly by certified mail
addressed to my P.O. Box. A true and
correct copy of that letter is attached to this declaration as
Exhibit "H."
96. I am informed, and believe that I can prove, that attached
to this declaration as
Exhibit "I" is a true and correct copy of the Pechanga Gaming
Commission Hearing
Regulations that the Pechanga Band adopted in March
2012--immediately after rescinding its
revocation of my license.
97. I am informed, and believe that that I can prove, that the
Pechanga Band adopted the
new Pechanga Gaming Commission Hearing Regulations in response
to my case, and to ensure
that the Pechanga Gaming Commission does not act outside the
bounds of its lawful authority
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15DECLARATION OF BENEDICT COSENTINO IN OPPOSITION TO DEFENDNTS'
MOTION TO
QUASH/MOTION TO DISMISS COMPLAINT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
again in the future.
98. Since the termination of my employment at the Pechanga
Casino, I have applied for
work as a table games dealer at numerous tribal casinos.
99. Each and every such job application has required me to state
my reasons for leaving
my prior position. I have answered those inquiries by stating
that the Commission suspended
and revoked my class A gaming license in May 2011. I have been
denied employment at every
Casino where I have applied.
100. In or about September 2012, I became aware that the Pala
Casino had open positions
for table games dealers. I called the Human Resources
representative at the Pala Casino to
inquire whether it was worth my time to apply for a position.
She told me that Pala has never
hired anybody who has had their gaming license revoked, but that
I was welcome to apply and to
explain the revocation and reinstatement.
101. After that call, on September 25, 2012, I emailed Mr.
Bodmer to let him know that I
was having difficulty finding work since receiving the March 16
Letter, and to alert him that I
would be listing several individuals from Pechanga as references
on my application at Pala. I
also asked Mr. Bodmer to let me know if there was anything
Pechanga did not want me to
disclose to Pala. A true and correct copy of my email to Mr.
Bodmer is attached to this
declaration as Exhibit "J."
102. Pala refused to review my application. I was told that I
would not even be eligible to
work in housekeeping because of the revocation of my gaming
license. On September 28, 2012,
I again emailed Mr. Bodmer informing him of my inability to
secure employment in my chosen
field. A true and correct copy of my September 28, 2012 email is
attached to this declaration as
Exhibit "K." I have never received any response from Mr. Bodmer
to the attached September
2012 emails.
103. I no longer hold out much hope that I can ever return to
work as a table games dealer.
-
Even if I were offered such a job, I worry about my safety in
such a position. Therefore, I have 2 applied for work with numerous
non-casino employers. However, I still have not been
3 successful in finding work.
4 104. Every prospective employer, whether a casino or not,
inquires about my last position
5 and my reason for leaving. I always truthfully disclose that
my employment was terminated
6 because my gaming license was revoked.
7
8 I declare under the penalty of perjury under the laws of the
State of California that the 9 foregoing is true and correct.
10
11 Executed this Li day of June, 2013 at 12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
BENEDICT COSENTINO
16 DECLARATION OF BENEDICT COSENTINO IN OPPOSITION TO DEFENDNTS'
MOTION TO
QUASH/MOTION TO DISMISS COMPLAINT
-
Exhibit "A"
-
Doreen.f:!S From: Sent To: Cc.: Subject
Salty Borra Tuesday, March 29, 201112:21 PM Marcia Youn~ Thomas
Butler; Kathy Kiyabu-Bagozzl PGC Commissioners; Doreen May; PGC
Reception; Jaime Joe; Chanda Corbin RE: Benedict "Benny" Cosentino,
Table Games Dealer, License# 14167
Please be advised the Gaming Commissioners would like to meet
with Mr. Cosentino this Friday April 1st at ll:OOam. Please have
him report to the Gaming Commission Office 3rd floor conference
room.
Thank you, Sally
sa!fy 'Borra 'DiYecttn' of .lU:tm.si:ne 'Pecft.anea
{951) 77 :Jax (9SJ.)
1
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Exhibit "B"
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Temerula Band of Luiserio Mission Indians
PEOL\NW\ CiAMIN
-
Attachment (Pechanga Gaming Commission Hearing & License
Regulations)
18.5Appeal of Denial, Suspension or Revocation of License
(Gaming License Regulations)
18.5.1 Decisions of the Gaming Commission regarding the denial,
suspension or revocation of licenses shall be final and effective
when issued.
18.5.2 An applicant or licensee whose license is denied, revoked
or suspended may, within fifteen (15) days after the date ofreceipt
of a written decision of the Gaming Commission, file a petition
with the Gaming Commission requesting a hearing to reconsider the
decision. The petition must set forth the basis of the request for
consideration. If no petition for reconsideration is filed within
the time prescribed, the decision shall be deemed final and not
subject to further reconsideration. appeal, or review by the Gaming
Commission.
18.5.3 Notwithstanding the above, a member of the Band may, in
addition, appeal a denial, suspension or revocation of a license to
the General Membership under the following procedures. Such appeals
from Tribal Members must be in writing and be delivered to the
Band's Business Council within thlrty (30) days of receiving notice
of the denial, suspension or revocation. The General Membership
shall consider the evidence presented by the applicant and the
Gaming Commission, prior to making a determination on the licensing
decision. The appellant and the Gaming Commission may offer such
information and documents as are relevant to the determination of
the applicant's suitability for a license and may call witnesses to
testify in such a proceeding if such witnesses can provide
information regarding the applicant's suitability. No determination
of the General Membership shall be considered valid if it would
place the Band in violation of an applicable tribal-state compact,
the IGRA and regulations promulgated thereunder, or any other
applicable law. Any license so issued based on a reversal of the
Gaming Commission denial, revocation or suspension shall be issued
for a period of no longer than o;e (1) year.
17 .0 Hearings Closed to Public (Gaming License Regulations)
All hearings regarding gaming licensing proceedings or
reconsideration of an application shall be closed to the public
unless specifically opened to the public by a two-thirds (2/3)
majority vote of the Gaming Commission.
14.0 Notification of Licensing Action (Gaming License
Regulations)
The Gaming Commission shall promptly notify, in writing, each
applicant upon the grant or denial of the license. To the extent
required under federal or state laws and regulations, or other
applicable law, the Gaming commission shall promptly notify the
NIGC and any other applicable federal or state agency of all
licenses issued.
5.0 Availability of Rules and Regulations (Hearing
Regulations)
Upon request, the Gaming Commission shall make available a copy
of these regulations to any licensed applicant, emp]oyee, or
Petitioner at the office of the Gaming Commission.
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PECHANGA !NDIAN RESERVATION TEMECULA BAND OF- LUISENO MISSIOl\I
INDIANS
GAMING COMMISSION
REQUEST FOR RECONSIDERATION OF COMMISSION DECISION
I, request that the Pechanga Gaming Commission reconsider its
decision to 0 Deny/ 0 Revoke/ 0 Suspend my gaming license and
consider the following information:
If more space is needed, attach additional page(s).
Please notify me of the date and time for my hearing. My address
is: ______ _
My telephone number is: ('--_ ____,) ______ _ (,__~) ______ _
Daytime Evening
PRINT Full Name (legibly) Signature
Date Signed
Options for filing a petition to request a hearing:
1. Return the completed form in person to the Pechanga Gaming
Commission office
2. Call the Pechanga Gaming Commission office at (951) 770-2794
to schedule a hearing 3. Mail the completed form to the Pechanga
Gaming Commission office via Certified Mail
within the fifteen (15) day time frame stated in your letter
Note: You will be notified via Certified Mail of the date and
time ofyc;>ur hearing
04.HearingRegs/ .Ol FORM96-00I (Rev. IJ/09)
-
Exhibit "C"
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May4, 2011
6e.nedict Cosentino 40515 Denise Road Hemet, CA 92544
Mr. Cosentino,
Temecula Band of Luiseno Mission Indians
PECHANCiA OAMINu COMMISSION
The Pechanga Gaming Commission is in receipt of your request for
a hearing regarding your Gaming License status. Your hearing date
is scheduled for Wednesday, May 11th at 11:30am. The hearing will
take place in the Pechanga Gaming Commission offices. Please ca!l
951693-1821, ext. 2794 to confirm the date and time of your
hearing.
Regards,
Pechanga Gaming Commission
P.O. Box 1238 + Temecula, CA 92593 45000 Pechanga Pkwy. +
Temecula, CA 92592 + 951/693-1821 + 951/695-4673 fax
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Exhibit "D"
-
TEAM MEMBER SEPARATION FORM
'
Team Member Name:--------'------------B~#: ~' 1 / / , 1 Date;
\in, 1 } - l j -~~ Fu~T~ Q Pan:-cimc 0 Position: ': ; : Dare of
Hire: ' ' ; ' Last Day Worked: ________ Separation Date (if
diffctcnt from IDW): (!''"" i U
VOLUNTARY RESIGNATION DETAILS OF VOLUNTARY RESIGNATION
D To look fi:>r other employment OTo accept anodler position
with:-- -------0 Oiss:ttis&ction with job/salary DRdocation co:
______________ _ 0 To attend school 0 Transport.adon problems 0
Pcnonal rea5Qns (specify in .. detaili' seaion) 0 Medical/Health
reasons (explain in "details" section) 0 Failed to recum from Lave
of Absence D Abandonod pSition (aplain in details ..acction) 0
Other (explain in details'" sea:ion)
Was Leve of Absence avaibbld Was Leave of Absence requested? Was
Leave of Absence gnum:d?
Ycs O NoO YesD NoO YcsO NoD
INVOLUNTARY TERMINATION PtEASF PROVIDE DETAILS OF FINAL INCIDENT
BELOW
0 Layoff (Lack of work/Rt!ductlon In force) DTemporary Layoff-
Scheduled rerum date:------~
0 Failure to meet employer cxpcctations (Inability) 0 Poor
performance {No misconduct) D I=ubordinuion/Rcfus21 ro follow
instructions 0 Flllnrc to fullow ~ 0 Violation of company policy or
rule D Falsification of rewrds 0 Absenteeism (Use dares/re9SOns) 0
Tardiness (JiSt dattslreMOns) 0 Intoxiaclon (:Jcohol/drugs} D
Unauthorhcd removal of company propcny 0 Other Mlscondoo: (~in
details" ~on)
Plea'le am.ch copies of any rekvanc wamlngs
Supervisor Name:----~-----~----_.._ ___
Badgc#:...;::::~~=---l>ho.tie#: --------Emplo~ has received a
copy of this form: Yes 0 No 0
Employee Signature Dare
0Te2nl Member refused to sign ~ployee unavailable fur sigrunwe,
copy mailed
Original: Human Resources Canary: Deparcmcnt Supervisor~ Pink:
Employee
-
.
t . ~:s:
. R'!Jq\~
~1.-.L----L Date: ___:::u__.:;_~ -----4(,.__'. .:..i...I\ -I
Part-time 0
. :m. WW):...,.;,,; .. i~lf,~' i ;,__ -4lf-.. ~ :.::i."'.< '"
"~~: .. ,.
, .
. .
... :..:.;;~1"r ~: ....,~ ... .::\ TMS:-!5~ iii~ , .: if
-
Exhibit "E"
-
May 25, 2011
Benedict Cosentino 40515 Denise Rd Hemet, CA 92544
Dear Mr. Cosentino,
Temerula Band of Luisefio Mission Indians PE01AN
-
Exhibit "F"
-
v ,-t-- - ( I '....l--....-------
( .. d - -----r----
u
- ~---sftrltr &lj ~o~fiJ. llc~e~J~ VJKJ tevo/
-
Exhibit "G"
-
March 16, 2012
Benedict C~entino 40515 Denise Rd Hemet, CA 92544
Temecula Band of Luiseno Mission Indians
PEOIANCiA GAMING COMMISSION
Dear Benedict Consentino,
The Pechanga Gaming Commission wishes to inform you that we have
reconsidered the revocation of your Gaming License. After further
review, your Gaming License status with the Pechanga Gaming
Commission is no longer considered to be revoked.
The Pechanga Gaming Commission determines suitability based upon
standards set forth by the Tribe and the National Indian Gaming
Commission. Ultimately, it is our goal to serve the best interests
of all involved, including the licensee. It is our belief that this
action best serves those interests.
The Pechanga Gaming Commission shall maintain a copy of this
letter as part of your licensing file.
Sincerely,
/:?f~/ ~ / ?7~~~
Robert Vargas Vice-Cha inn an PECHANGA GAMING COMMISSION
P.O. Box 1238 t Temecula, CA 92593 'l-5000 Pechanga Pkwy.
Temecula, CA 92592 t 951/693-T 821 + 951/695-4673 fax
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Exhibit "H"
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Temecula Band of Luiseflo Mission Indians
PEOIAN
-
Exhibit "I"
-
PGC Hearing Regulations Page 2of10
1.0 General Provisions
PECHANGA GAMING COMMISSION HEARING REGULATIONS
Adopted 3/27I12
l. I Authority. The Pechanga Gaming Act of 1992 ("Act"), duly
adopted by the Pechanga Band of Luisefio Indians ("Tribe"),
authorizes and requires the Commission to regulate, license, and
control gaming on the Tribe's Reservation. The Pechanga Gaming
Commission ("Commission") has the duty and responsibility to
conduct background investigations for gaming license applicants and
to grant or deny licenses based on those findings, as well as to
suspend or revoke any gaming license if a licensee is not in
compliance with applicable laws and regulations. The Commission
also has the duty and responsibility to conduct such hearings as
are needed to resolve disputes that may arise in association with
the Tribe's Gaming Activities.
1.2 Scope. These Hearing Regulations shall govern all hearings
conducted by the Commission, including those conducted by the
Review Panel, as described herein. The Commission shall ensure that
all hearings are conducted efficiently and in accordance with
principles of due process of law.
1.3 Definitions.
1.3.1 "Act" shall mean the Pechanga Gaming Act of 1992.
l.3 .2 "Business day" shall mean Monday through Friday,
excluding tribal or federal holidays.
1.3.3 "Commission" shall mean the Pechanga Gaming
Commission.
1.3.4 "Compact" shall mean the Tribal-State Compact between the
Tribe and the State of California, as amended.
l .3.5 "Gaming Operation" shall mean the Tribe's governmental
project, which offers and operates Class Ill gaming activities,
whether exclusively or otherwise, and which project shares all
aspects of the sovereign immunity of the Tribe.
1.3.6 "Indian Gaming Regulato1y Act" or "IGRA" shall mean the
Indian Gaming Regulatory Act, 25 U.S.C. 2701 et. seq.
1.3.7 "NIGC" shall mean the National Indian Gaming
Commission.
1.3.8 'Tribe" shall mean the Pechanga Band ofLuiseiio
Indians.
2.0 Licensee Duties and Responsibilities
2.1 Licensee Standard of Conduct. It is the duty and
responsibility of each person associated with the Tribe's Gaming
Operation to conduct themselves with integrity, honesty, and with
the decorum and manners necessary to reflect positively on the
Tribe, its members, and the Gaming Operation. Applicants or
licensees who fail to abide by these standards, 01 who violate
tribal rules, laws, customs, or
-
PGC Hearing Regulations Page 3of10
Adopted 3/2 7 / l 2
traditions, any license or Compact requirement, or any other
applicable law or regulation, arc subject to Commission sanctions
including suspension, revocation or denial of a gaming license.
2.2 Licensee Duty to Report. Each licensee is responsible for
providing accurate and updated information on a timely basis to
correct and supplement any information requested on the gaming
license application. Failure to do so may result in disciplinary
action up to and including denial or revocation of a gaming
license.
3.0 License Creates No Vested Right
A gaming license is a privilege subject to denial, revocation or
suspension at any time. The issuance of a gaming license shall not
be construed as granting any vested right in or to such license,
any employment, or any other opportunity by virtue of which the
license holder may become eligible.
4.0 Notice of Licensing Action 01 Decision
4. I Notice Required. The Commission shall provide written
notice to each applicant upon the denial of a license and to each
licensee upon revocation or suspension of a license.
4.2 Notice Content. The notice shall summarize the action taken
and state that the action can be appealed to the Review Panel
within fifteen ( 15) business days after the receipt of the written
notice. A copy of these Hearing Regulations shall accompany the
notice.
4.3 Notice Delivery. Written notice under these Hearing
Regulations shall be considered properly given if delivered
personally with a signed acknowledgment upon receipt, or if sent
via certified mail through United States mail services. Notice
provided through any means shall be considered properly given if
the recipient acknowledges receipt in writing.
5.0 Request for Reconsideration by the Review Panel
5. l Opportunity for Review. Any applicant or licensee who
receives a written notice in accordance with Section 4 of these
Hearing Regulations may file a Request for Reconsideration with the
Review Panel. The Review Panel shall be comprised of two (2)
Commissioners and one (I) senior Commission staff member.
5.2 Filing of Request. A Request for Reconsiderntion must be on
the form provided by the Commission and must be filed with the
Commission within fifteen (15) business days after the receipt of
the written notice. If no Request for Reconsideration is properly
filed within the time prescribed, the action and/or decision
relayed within the notice shall be deemed final and not subject to
further reconsideration or appeal.
5.2.1 Suppo1ting Documentation. Any applicant or licensee who
files a Request for Reconsideration with the Review Panel
("Requester") may attach additional information setting forth the
basis of the Request.
5.2.2 Tribal Member. Notwithstanding subsection 5.2 above, any
member of the Tribe who receives a written notice in accordance
with Section 4 of these Hearing Regulations shall have sixty (60)
days after the receipt of the written notice to file a Request for
Reconsideration by
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PGC Hearing Regulations Page 4of10
Adopted 3/27/12
the Review Panel. Such Request must be on the form provided by
the Commission. If no Request for Reconsideration is filed within
the time prescribed, the action and/or decision relayed within the
notice shall be deemed final and not subject to further
reconsideration or appeal.
5.3 Hearing Date. Upon receipt of a properly filed Request for
Reconsideration, the Review Panel shall set the matter for hearing.
The date set for the hearing shall be no more than thirty (30) days
from the date of receipt of the Request.
5.3. l Continuance. Requestor may, for good cause, request a
continuance of the hearing. To be considered, the Review Panel must
receive the request for continuance, including the basis for such
request, at least three (3) business days before the date set for
the hearing. The Review Panel may grant or deny the request for
continuance and such decision shall be final.
5.4 Notice of Hearing. The Review Panel shall notify the
Requestor in writing of the date, time, and location of the henring
at least fifteen (15) days before the date set for the hearing.
Notice shall be provided in accordance with Section 4.3 of these
Hearing Regulations.
5.5 Costs of Review. Requestor shall be responsible for his or
her costs associated with the hearing.
5.6 Withdrawal of Application. An Applicant may request to
withdraw his or her application by submitting a written request for
withdrawal to the Commission. The Commission, in its sole
discretion, may grant or deny the request for withdrawal.
6.0 Discovery Procedures for Hea1'ings
6.1 Witnesses. Each pa1ty shall submit to the Commission a list
of persons that it intends to call as witnesses no later than five
(5) business days before a scheduled hearing. The day the list is
received by the Commission shall be considered a full day's notice.
Where known, each witness shall be identified by name, employer,
title, and address. In its sole discretion, the Review Panel and/or
the Commission may prohibit any witness from testifying at a
hearing.
6.2 Documents. Each party shall submit to the Commission a copy
of all documents or other tangible items that it intends to offer
as evidence no later than five (5) business days before a scheduled
hearing. The day the documents are received by the Commission shall
be considered a full day's notice. In its sole discretion, the
Review Panel and/or the Commission may deny admission of any
document or tangible item into evidence.
6.3 Confidential Materials. Any document believed to contain
confidential information shall be clearly designated as such by the
submitter before being submitted to the Commission.
6.3. I Use of Confidential Documents. Documents that have been
designated as confidential shall not be disclosed by the Review
Panel and/or the Commission (except as may be required under any
applicable law, cou1t order, or the Compact) without first
providing the submitter the opportunity to challenge such
action.
6.3 .2 Tribal Proprietary Information. The Review Panel and/or
the Commission shall take such steps as necessary to protect the
confidentiality of the Tribe's proprietary information (including
in camera inspections of any books, records, or relevant evidence)
where such information is needed in the course of
deliberations.
-
PGC Mearing Regulations Page 5of10
Adopted 3/27112
6.4 Briefing. Requestor may, but is not required to, file a
written brief concerning the issue(s) under review. Any such brief
must be filed no later than five (5) business days before a
scheduled hearing, and may contain a summary of the Requestor's
position, an argument supporting the Requestor's position, and a
statement of the action desired.
6.5 Subpoenas. The Commission has the power and discretion to
issue subpoenas and to impose reasonable penalties for
noncompliance. Subpoenas may be issued to compel any person to
appear at a hearing, to give oral testimony, or to produce
documents or other tangible items.
7.0 Hearing Procedures
7.1 Hearings Closed to Public. All licensing hearings shall be
closed to the public.
7.2 Designated Hearing Official. One of the Commissioners
serving as a member
-
PGC Hearing Regulations Page 6of10
Adopted 3/27/12
7.5 Disruptive Conduct. The Review Panel and/or Commission shall
have the authority to eject any person from the hearing who is
disruptive, disorderly, or who shows a lack of proper respect for
the Review Panel and/or Commission or the nature of the
proceedings.
7.6 Ex Parte Communications Prohibited. An ex parte
communication is a communication of any kind between the Requestor
and a member of the Review Panel and/or the Commission concerning
the action(s) and/or event(s) under review that is made outside the
official proceeding and, where applicable, without the
participation of any other party. No ex. parte communication
regarding the action(s) and/or event(s) before the Review Panel
and/or the Commission shall be made by or on behalf of those party
to a hearing before a decision is rendered.
7.6. l Penalty for Violation. In the event the Commission
determines that an ex patte communication has been made in
violation of these Hearing Regulations, the Commission shall have
the authority to impose any sanction it deems appropriate.
7.7 Additional Evidence. At the close of the hearing, the Review
Panel and/or Commission may request additional infonnation or a
briefing on the issues.
7.8 Standard of Review. In any case that comes before t11e
Review Panel and/or Commission, the Review Panel and/or Commission
may review all findings of fact and of law, or proceed pursuant to
a de novo standard. Upon a finding of good cause, the Review Panel
and/or Commission shall have the authority to affirm, modify,
reverse, and/or vacate any and all decisions, sanctions, and/or
denials under review.
7.9 Hearing Record. The hearing record shall include all
documents and evidence received or considered by the Review Panel
and/or Commission, as well as any filings, the minutes or other
recording of the hearing, and any decision, opinion, or
findings.
7. l 0 Decision of Review Panel. The decision of the Review
Panel must be in writing and a copy of this decision shall be
served upon all parties in accordance with Section 4.3 of these
Hearing Regulations. The Review Panel must issue a decision within
thirty (30) days from the close of the hearing. The decision shall
summarize the action taken and state that the action can be
appealed to the full Commission. A copy of these Hearing
Regulations shall accompany the decision.
8.0 Appeal to the Commission
8.1 Opportunity for Appeal. Any applicant or licensee who
receives a written decision from the Review Panel in accordance
with these Hearing Regulations may appeal that decision to the
Commission by filing a Petition for Appeal.
8.2 Filing of Petition for Appeal. A Petition for Appeal must
set fotth the basis of the appeal and must be filed with the
Commission within thirty (30) days after the date of the Review
Panel's written decision. If no Petitioq for Appeal is filed within
the time prescribed, the decision of the Review Panel shall be
deemed final and not subject to further appeal.
8.2. l Content of Petition for Appeal. A Petition for Appeal
must set forth the basis of the appeal and may include a summary of
the filer's position (the "Petitioner"), an argument supporting the
Petitioner's position, and a statement of the action desired.
-
PGC Hearing Regulations Page 7 of 10
Adopted 3/27/12
8.2.2 Tribal Member. Notwithstanding subsection 8.2 above. any
member of the Tribe who receives a written decision from the Review
Panel in accordance with these Hearing Regulations shall have sixty
(60) days after the date of receipt of the written notice to file a
Petition for Appeal. If no Petition for Appeal is filed within the
time prescribed, the decision of the Review Panel shall be deemed
final and not subject to further appeal.
8.3 Request of Record. Upon receipt of a properly filed Petition
for Appeal, the Commission shall request that the Review Panel
compile and transmit the complete record of the case to the
Commission. Such record should include the hearing record, as well
as all written documents either filed with or issued by the Panel
related to the matter.
8.4 Consideration of Petition for Appeal. Within fifteen ( l 5)
business days of receipt of a properly filed Petition for Appeal,
the Commission shall review the Petition and determine what action
shall be taken. The Commission shall have the authority to affirm,
modify, reverse, and/or vacate any and all decisions, sanctions,
and/or denials under review and such decision shall be final. The
Commission shall also have the authority to conduct a hearing in
the matter.
9.0 Commission Heal'ing
9.1 Hearing Date. Where the Commission decides to conduct a
hearing, the matter shall be set for hearing on a date no more than
thirty (30) days from the date of the Commission's decision to
conduct such hearing.
9. J. I Continuance. Petitioner may, for good cause, request a
continuance of the hearing. To be considered, the Commission must
receive the request for continuance, including the basis for such
request, at least five (5) business days before the date set for
the hearing. The Commission may grant or deny the request for
continuance and such decision shall be final.
9.2 Notice of Hearing. The Commission shall notify the
Petitioner in writing of the date, time, and location of the
hearing at least fifteen ( 15) days before the date set for the
hearing. Notice shall be provided in accordance with Section 4.3 of
these Hearing Regulations.
9.3 Discovery Procedures for Hearings. Discovery shall be
conducted in accordance with Section 6 of these Hearing
Regulations.
9.4 Hearing Procedures. The hearing shall be conducted in
accordance with Section 7 of these Hearing Regulations.
9.5 Costs of Appeal. Petitioner shall be responsible for his or
her costs associated with the hearing.
9.6 Withdrawal of Application. An Applicant may request to
withdraw his or her application by submitting a written request for
withdrawal to the Commission. The Commission, in its sole
discretion, may grant or deny the request for withdrawal.
9.7 Commission Decision. The Commission's decision shall be in
writing and shall be final. A copy shall be served upon all parties
within thi1ty (30) days from the close of the hearing unless the
Commission, in its sole discretion, extends the time for issuance
of the final decision. In no event shall the Commission issue the
final decision more than thirty (30) days from the close of the
hearing.
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PGC Hearing Regulations Page 8of10
10.0 Sanctions
Adopted 3/27/12
I 0.1 Authority to Issue Sanctions. If any party fails to comply
with any provision of these Hearing Regulations, any order of the
Review Panel and/or Commission, or any other applicable law,
regulation or agreement, the Commission may impose sanctions upon
him or her.
10.2 Available Sanctions. Sanctions imposed by the Commission
may include, but not be limited to, the following:
10.2. I An order striking or prohibiting the use of any witness,
document, evidence, or other tangible item or any part thereof;
I 0.2.2 An order staying further proceedings or dismissing the
proceedings or any part thereof, or entering a judgment by default
against the disobedient pa1ty;
10.2.3 A finding against the disobedient party;
10.2.4 Suspend, deny, or revoke any gaming or gaming-related
license, including machine and vendor licenses; or
l 0.2.5 Any other sanction deemed appropriate.
11.0 Tribal Member A1>peal to General Membership
Notwithstanding anything herein, a member of the Band may, in
addition, appeal a revocation, denial or suspension of a gaming
license to the General Membership under the following procedures.
Such appeals from Tribal Members must be in writing and be
delivered to the Band's Business Council within thirty (30) days of
receiving notice of the revocation, denial, or suspension. The
General Membership shall consider the evidence presented by the
appellant and the Gaming Commission before making a determination
on the licensing decision. Appellant and the Gaming Commission may
offer such information and documents as are relevant to the
determination of the appellant's suitability. No determination of
the General Membership shall be considered valid if it would place
the Band in violation of the compact, !GRA or any regulations
promulgated thereunder, or any other applicable law. Any license
issued and/or reinstated based upon a reversal of a Gaming
Commission action shall remain valid for a period of no longer than
one ( l) year.
12.0 State and/or Fede.-al Review
In addition to being licensed by the Commission, applicants and
licensees may also be subject to further licensing requirements
imposed by or through the NIGC and/or the California Gambling
Control Commission ("CGCC"). If the NIGC or CGCC objects to the
licensing of an applicant before the Commission's issuance of a
license to that applicant, the Commission must consider the NIGC's
or the CGCC's objections before issuing the license. If the NIGC or
the CGCC objects to the licensing of an applicant after a license
has been issued, the Commission must suspend the license pending
investigation and a possible hearing based on the NIGC's or the
CGCC's objections.
13.0 Notice of Revocation to National Indian Gaming
Commission
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PGC Hearing Regulations Page 9of10
Adopted 3/27 /! 2
Upon a final decision of revocation of a gaming license or a
decision to reinstate a gaming license, the Commission shall notify
the NIGC of its decision.
14.0 Availability of Rules and Regulations
Upon request, the Commission shall make a copy of these Hearing
Regulations available to any applicant or licensee at the Office of
the Commission.
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Exhibit "J"
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From: [email protected] To: [email protected]
Subject: Pala Date: Tue, 25 Sep 2012 13:51:26 -0700
Steve, I have had no success in bying to gain employment since
you sent me my gaming license reinstatement letter. All of the
casinos I have applied at have not responded to my applications. It
is because I listed gaming license revocation as reason for
termination at PRC. Pala has a few open positions in their table
games department I intend to apply for. I spoke to a HR
representative from Pala. She told me Pala has never hired anybody
who has had their gaming license revoked, but I am welcome to apply
and to explain my revocation and reinstatement. On the application
one of the questions is if I ever had my gaming license revoked. I
think it will be best for me to put everything on the table and
hope Pala offers me employment. I am also going to list Mark
Macarro, Ken Perez, John Palinkas, Willie Ramos, Jason Maldonaldo,
Mike Galavan, and 9 DOJ Agents as references. I will also indude my
revocation and reinstatement letters. I will be obligated to answer
any questions Pala might have if I am considered for employment. I
am emailing you this so nobody will be surprised if they are
contacted by Pala. I have been unemployed for 18 months. It is my
duty to provide for my 2 year old son. Open positions in my career
field are few. I have to go back to work. If there is anything you
feel I should not disclose to Pala on Thursday, let me know.
- Sincerely, Benedict Cosentino
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Exhibit "K"
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From: [email protected] To: [email protected]
Subject: Pala employment application Date: Fri, 28 Sep 2012
15:09:05 -0700
Steve, Pala was not interested in my application. HR did not
want to review it. I did not Ust any of the DOJ Agents as
references. I chose to just list the Pechanga tribal members as
references with hopes of them giving me a good reference so I could
put this nightmare behind me and
. provide for my 2 year old son. Pala said I would not be
eligible to even work in house keeping because of my revocation. I
am right back to square 1. I knew when PGC revoked my gaming
license because I refused to resign I would never work in my chosen
career field again.