California Files Lawsuit Against Iipay Nation of Santa Ysabel

California Files Lawsuit Against Iipay Nation of Santa Ysabel, which the Iipay Nation of Santa Ysabel launched earlier this month. California wants to pull the plug.

The Iipay Nation of Santa Ysabel is dealing with a lawsuit that is federal the State of Ca over its online gaming activities. The state desires the plug pulled on the go-it-alone operator that is tribal previously this month launched its online bingo service, The tribe has also established its intention to offer online poker to Californians, irrespective of if the state chooses to legalize and regulate it or otherwise not, and has regularly said the launch of its internet poker site,, is ‘imminent.’

While the tribal operator believes it ‘is exerting its sovereign right under the Indian Gaming Regulatory Act (IGA) to control and conduct Class II gaming from the tribe’s booking,’ the 14-page lawsuit issued by the California Attorney General this week asserts that the tribe’s actions are ‘an imminent danger to the general public wellness, safety, and welfare.’

The state is seeking ‘orders temporarily restraining, and permanently enjoining, the Tribe’s providing and conducting Web gambling in breach regarding the Compact as well as in violation of state and federal law.’

Breach of State Gaming Compact

‘This action seeks injunctive that is appropriate to stop unlawful Internet gambling; Defendant Iipay country of Santa Ysabel, also known as Santa Ysabel Band of Diegueno Mission Indians (Tribe), has begun to offer a facsimile of bingo over the world wide web to bettors, who are not located on the Tribe’s Indian lands,’ it states. ‘In addition to violating state and federal law, the Tribe’s conduct materially breaches the tribal-state class III gaming lightweight (Compact) between the Tribe and also the State.’

The tribe believes that it has discovered a loophole in the Indian Gaming Regulatory Act (IGRA) that permits the offering of ‘Class II gaming,’ defined in the act as bingo and poker. The tribe has underlined that it is interested just in Class II gaming that is online. ‘House-banked games and slot machines are thought as Class III games, and will only be offered in a casino that is tribal contract with the state via a Tribal-State Gaming Compact,’ it says on its internet site. ‘Santa Ysabel has already established such a tight aided by the state since 2005, but has no plans to offer course III gaming through its interactive site.’

However, it’s an area that is incredibly gray. IGRA was drawn up in 1988 and consequently makes no provision for internet gambling. Additionally, their state thinks that the offering of any type of video gaming to Californians who’re perhaps not predicated on tribal land is a breach of both state and federal legislation, pure and simple.

Tribe Snubs Offer of Talks

Ca wrote to your tribe asking to carry a meeting to discuss its online gambling ambitions but was rebuffed. In its response to the letter the tribe reiterated its plans to offer Class II online gaming which it believed was its right in the absence of a ‘specific state prohibition on this type of gambling activity.’

‘The Tribe advised that it had no intention of discussing with the State any federal statutes, including IGRA plus the UIGEA,’ stated court documents.

The Iipay nation negotiated its video gaming compact with Ca in 2003 and opened a land-based casino, The Santa Ysabel Casino, in 2007. Nonetheless, the casino closed its doors in 2007, leaving the tribe millions with debt.

Jason Chaffetz Appointed Head of National Watchdog Committee

Representative Jason Chaffetz, that is a co-sponsor of the Restoration of America’s Wire Act.

Representative Jason Chaffetz (R-Utah) happens to be named because the successor to Darrel Issa as chairman of the Committee on Oversight and Government Reform, very committees that are powerful the House of Representatives. Worryingly for the internet gambling industry, Chaffetz is also, with Senator Lindsey Graham, a sponsor for the Restoration of America’s Wire Act, the Adelson backed bill that seeks to introduce a federal ban on all online gaming.

As head of the committee it will be Chaffetz’s responsibility to behave as a government watchdog and interrogator and investigations that are initiate government policy choices. He may also be the committee that is only with the power to issue subpoenas without a committee vote.

Among the policies that Chaffetz was particularly thinking about investigating recently is the decision associated with Obama administration to reinterpret the Wire Act, because it relates to online gambling. In 2011 the Department of Justice issued a legal opinion which stated that the 1961 bill prohibited only sports betting throughout the internet, and not any other kind of gambling.

Be Vigilant

‘To have gaming on every smartphone in the united kingdom, I just think it is an idea that is bad’ Chaffetz has said. ‘This is the start. I’m afraid that from reaching all the states if we don’t move quickly and get some decent regulations in place, which we really don’t have right now, it will be too late to stop it.

‘ Many parents already can see how easy it is for a young kid to have hooked on a video game that does not involve cash. You put them on the online plus they are gambling with cash, now you’ve got a real issue.’

Previously this week, a tweet from Poker Players Alliance President John Pappas allayed fears that the home Judiciary Committee would hold a duck that is lame RAWA, as had been rumored, citing a supply with understanding of the Committee’s plans. However, there is still concern that RAWA could be mounted on a bigger piece of legislation, just as UIGEA was tagged on the Safe Ports Act in 2006. Pappas has asked those in the gambling that is online to keep their eyes and ears peeled.

Determination to Push RAWA Through

‘ These fundamental changes need to go through Congress,’ Chaffetz has said, of their determination to push the act through. ‘By restoring the original interpretation of the Wire Act, we are putting the genie back within the bottle and allowing for an open debate to take place…’

Chaffetz has stated that as mind of this committee he is committed to adopting an even more bipartisan approach than their predecessor, and is prepared to function more closely with Democrats. ‘ I have the best respect and admiration for Congressman Issa, but I don’t plan to be Darrell Issa-like,’ Chaffetz told The Hill recently. ‘just how you are doing things issues in this body, and exactly how we do things will be a bit different.’

But, despite this, he remains a committed conservative, who represents one of the strongest Republican strongholds in the country. Utah is also 1 of 2 states, one other being Hawaii, where all types of gambling are prohibited, including lotteries.

Admiral Linked to Counterfeit Chips Because Of DNA Proof

Rear Admiral Timothy Giardina was linked to three chips that are counterfeit NICS investigators because of DNA evidence. (Image: Navy)

Navy back Admiral Timothy Giardina not only used three poker that is counterfeit at the Horseshoe Casino in Council Bluffs, Iowa, last year, but may also have really made them himself. Those allegations come from a Naval Criminal Investigative Service (NCIS) report that was obtained by the Associated Press via a Freedom of Information Act, a written report that outlined the evidence detectives had gathered against the admiral.

Giardina was banned from the Horseshoe after being caught utilizing three fake $500 potato chips in June 2013. At the right time, Giardina was vice Admiral and the second in demand at US Strategic Command, which oversees the military’s nuclear arsenal.

Giardina First Claims He Bought Chips, Then Backtracks

Initially, Giardina told investigators that he had purchased four of the $500 chips from the man in the bathroom. Later, he backtracked, admitting his lie and saying that he instead simply found the chips into the bathroom alternatively. In a statement to Admiral Bill Gortney made in April 2014, Giardina said that he regretted lying, but nonetheless maintained that he didn’t understand the potato chips were fake whenever he utilized them.

‘we must have either told the facts or stayed silent in place of lying concerning the events whenever questioned,’ Giardina said. ‘This lapse in judgment doesn’t make me a thief and an unlawful.’

Making use of the chips that are counterfeit enough for Giardina become banned from the Horseshoe and another Harrah’s casino for 90 days. When he then attempted to play anyway, Giardina was banned for life from all Caesars properties. That alone ended up being a rigid penalty for the admiral, who had been playing about 15 hours a week at the Horseshoe and had been known there as ‘Navy Tim.’ But Giardina’s insistence that he wasn’t mindful the chips had been fake was critical to his career that is military there isn’t any restriction on legal gambling even for officers with access to classified information.

‘Regardless of anyone’s opinion on the matter, disapproval associated with legal way in that we spent portions of my off-duty time is not sufficient grounds to allege criminal misconduct,’ Giardina stated.

Navy Fired, Demoted Giardina

But punishment nevertheless arrived. Last September, Giardina was denied access that is further classified information. He had been then fired from Strategic Command a later, demoted from vice admiral to rear admiral, and assigned to staff duty at navy headquarters in washington month. Whilst the Navy wasn’t certain they had enough evidence to convict Giardina, and thus avoided a court martial, they did fundamentally find him responsible of two counts of conduct unbecoming an officer in a May 2014 proceeding that is non-judicial.

Now, the thinking behind those beliefs has become clear. Based on the report that is newly-released NICS investigators found DNA evidence that linked Giardina to the creation of this chips. The counterfeits were created by taking $1 potato chips and painting them to seem like $500 chips, then affixing $500 stickers. While investigators couldn’t find any fingerprints on the chips, they did match a DNA sample from Giardina to one through the adhesive paper used regarding the phony chips.

The new revelations from the report came as no surprise for the local prosecutor that initially investigated the case.

‘we never ever really bought his story about finding them in the john,’ stated Pottawattamie County Attorney Matt Wilber. ‘There ‘s no concern in my mind that it was not a true story.’

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