07 (

UE 15: 48 FAX 202 326 3629

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.., I FEDERAL ' TRADE

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DAN G. BOGDEN

United States Attomey

By: , ROCER W. 'WENTHE

Bar Number: 8920

Assistant United States Attorney

333 South La Vegas Boulevard

LloydOeorge Feder Building, Suite 5000

Las Vegas, Nevada 89101

(702) 388 6336

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D(PUTY

UNED STATES DISTlUCT COURT

FOR THE DISTRCT OF NBV ADA

Defendats.

. ) . ,) ..

CONSENT DEf;REE

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UNTED STATES OF AMRICA

Plaintiff, cv - 04-0963 -RLH-P AL

IMPERI P ALACE JNC., d. a. IMBRI

PALCE CASINO; and

'IMPERI PALACE OF MISSISSIPPt INC.

. 

WHAS Plainti the United States of Amerca. has onuenced ths action by filing the

Complaint herein Defcnd ts nave waived serice of the Sumons and Ccmplaintj the paries

have been represented by the a.ttrneys whose: names appear hereafteri and the psries have agreed

to settlement of this action upon the following terms md conditioD,, without adjudication of any

issue of fact or law and wtthout Defendants admtting liabilty or fault for any of1he matters

alleged in the Cornplaint;
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'\JL. 'WU.WU .lU. FEDERAL TRADE

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THREFORE on the joint motion of Plaitiff an Defen t$. it is hereby ORDERE

ADJUGBD. AN DECiwED as fcll

FIDINGS

This Cour Jias jurscJ tion of the subject mattc: and of the paries.

The Complaint states a clai upon which relief may be grted agait the

Defendants under S tions S(a)(l). 13(b), and 16(a) offhe Federal Trad Commssion Act FTC

Act"). 15 U.8.C, n 4S(a)cl), 53(b) an S6(a) and underthe' Fair Credit Reorting Act ("FCRA"

15 D. C. 91681-1681U'

DE'fINITION

3. As 1.OO in tfs Consept De.rce:

'Fair Credt R.epcrtn& Act" or "FCRA" refers to 15 D. C. 1681 l681u, as

amended

Adverse acticn.

consumer

 

COIUu:er report;" consuer reportg ageny':

and " employment puroses.' mean the ter as defined in Section 6Q3 of the

FCRA. 15 C. f' 16813. as a.enc;d.

CIVIL PENALTIES

-4. . In settlement and release of all matters that ar set fort in the COI1plait

Defendants, atd theii successors and assigns, sha.ll pay to Plaitiff a civil penalty. without any

adission ofliabilty. pursuant to SectioD 621(a) ofthe FCRA, 15 C. 9 1681s(a), in the

. amount of $325.000.00.

De:fcndants shall make the payment required by Paragraph 4 with ten (10) days of"

Consent Decree

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the date of entr of ths Consent DCIfee by electronic fud trfer in a.ccordance with instrtions

pl'o ided by the Offce of Consumer Litigation. Civil Division. u.s. D Brent of Justice

Washington 20S30. for appropriate disposition.

In the event of any defa. lt in paymen which default continues for ten days beyond

thf: due date ofpayment, the entire unpaid penalty, togethCl with iD erest, as r;omputed pursuant to

28 C. 1961 from the date of default to the elate of payment, shall immediately bf:come due

and payable.

INJU CTION

Defendats. their uccessors d assign. and their offcers. agents, serants

I;ployees and attom ys. and a11 persons in active concer Or paricipation with anyone or more of

them who reeeive actual notice of ths Consent Decree by personal servce r otherwise. are .

hereby enjoined, directly or though y corporation, subsidi8I. division or other device from the

following:

a.. When Wling a consumer report for employment puroses, fa.ilng to provide to a

consumer to who the consumer repon relates, before taking adver c action a.gainst

the consumer based. in whole or in par on inormation contained in the consumer

report (1) a copy of the consumer report, and (2) a Qescription m writing of the

conswncr s rights under the FCRA;

After takg adverse action agai$t " I;onsumer based in whole or in par on

information contained in a. consumer report, failing to provide to the consumer; (1)

notice of the adverse a.tion taken: (2) the name, ad.dress and telephone numbe:r of

Consent Decree

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the consumer reortg agency (including a. toll-fro telephone number established

by the agcXIcy if the agency compiles and maitais fies on consumer on a 

nationwide;basis) frm which the consumer report was obtained; (3) a statement

that the conSumer reporting agency did not make the decision to take the adverse

action an is unable to provide the consumer the $pl! itc reasons why the vcrse

action was takcn and (4) notice of the consumer s right to (A) obtai, unr

Section 612: fth FCU. 15 U.s.C. 1681j, within 60 days after receiving notice

of the adver e action, a ftee copy of the consumer report from the consumer i '

report agency from which the report was obtained, and (B) dispute. under

Section 61 of the FCRA, 15 D. C. 168li. with a consumcrreorting genc:y the

accury or' completeness of any inonnation in a. consumer rq;ort fushed by the

agency; and

Failing otherse to comply with Sections 604 and 615 oftle FCRA. 15 U.

1681 b an 168bn, as they may be amended from time to tie.

oTHER PROVISIONS

DefenaJts an their successorS an -.ssigns. sbl with th (30) days of the

entr of this Consent Decrce, ptOvide a coPy oftbs Consent Decree to (a) each of their officers

agents, servants, employees, and attorneys having decision-making authority with respect to the

subject matter ofthia Consent Decree and (b) to each of their officerl'. agents, servants. employees

and attorneys who use consumer 

orts for employment purposes- Defendants aha.l 

ecure from

eaGh such pcr on a signcd st;;.ternent acknowledgig receipt of a copy of this Consent Decree, and

Consept Decree

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shall. with ten (10) days of complying with this paxagraph, file an affdavit with the Cour 'and

SCI the Federal Trade Comrssion by mailng a copy theref to the Assooiate Director for

Financ:ial Practices) Burea of Consumer Protection, Feders. Tr Commission. Washington,

C. 20580. setting forU the fact and :maner of its compliance, including the name and title of

each person to whQIQ ii copy of the Consent Decree haB been provided.

. For a 'perod of five (5) years from the date of entr of this Consent Decree,

Defendants. their successors and assigns sh provide ii copy ofthis Consent Decree to each new

offcer. a.gent. ' ant, employee and 1i1.omcy who u es consumer reports for employment

puroses. Defendants 5hall secur frm each such pers n a signed statement acknowledging

rec ipt of a copy of s Consent Decree.

10. For a period offive (5) years from the date of entJ ofths Consent Di?c;ree

Defendants, their successors an a igns, sh maintain and. make available to the Federal Trade

Conuission, within seven (7) days of th receipt of a wrtton request, business records

demonstrating 'cdmpliance with the terms '"and ''provisions of thS' Consent Decree.

11. Defendants. their succeSSOrB and assigns. shall notify the Associate Director for

Financial Practices, Bureau ofConsumer Protection. Federal TIjlde Commission. Washington,

C. 20580, at least thrt (30) days pror to any change in Defendan ' business. including, but not

limited to, merger. incorporation, dissolu.tion. assignent, d flak, which resultg in the emergence

of a successor cOlpotation. the creaton or c:ssolution of a snbsidia: or parent. or any other

change which may affect Defendants' obligations und.er this Consent Decree.

12. Defendants are hereby requied, in accordce with 31 C. 7701 , to fuish 

Consent Decree

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the Federal Trade Comm Sion its taxpayer identifyng numbers, which shal be used for.puroses

of collecting and reportt1 on any delinquent amount arsing O\1t of Defenants' rela.tionship with

the governent"

13. This Cour shall retain jursdicti of ths matte for the puroses of enabling any of

the paries to ths Comient 

ecee to apply to the Court at an tie tor suoh fuer order or

diectives as may: be necessar Dr appropriat for the intelpretation or modication of this Consent

Decree, for the enforcement of compliance therwith or for the pwrshent of violations thereof

or as justice may require. 

JUGMENT IS T1:REFORE ENTERD in favor of Plaintiff and against Defenants,

pursuat to all the tenns and conditions recited above.

Dated ths day of 2004.

. I UNTED TA TBS DISTlUCT JUGE 

The: pares. by their respective counsel, heroby consent to the ters and conditions of the

Consent Decree as set fort above and consent to the entr thereof. Defendats waive any righ

tht may arse; under the Equal AC es9 to Justice Act, 28 U. C. 2412"amended bv 'Pub. L. 104-

121, 110 Stat., 847 . 863 64 (1996).

Consent Decree

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FOR TH UNTED STATES OF AMERCA:

PETER D. KEISLER

Assistant Attorney General

, Civil Division

S. Deparc;nt of Justice

DANffL G. BOGDBN

United Sta.tes Attorney

Distrct of Nevada

Assis an United States Attorney

333 South Las Vegas Boull:ward

Lloyd George Federal Building. Suite 5000

Las Vegas) Nevada 89101

(702) 388-6336

EUGENE M. THIOLF

Dirctor

Offce of Consumer Litigation

.. .... 

ELIETH STEIN

Attomay

Office of Consumer Litigation

Civil Divisicn '

S. Deparent of Justice

on. D.C. 20530

(202) 307-0486

Consent Decree

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-13-2004 rUE 09: 38 AM

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. ,

FOR. THE FEERA TRAE COMMSSION:

URston 

i8.t Director fer 'financial Practices

, Ronald G. I!iac

Attorney

d::!

Attorney

Division of Financial :pracl Ce&

BureaU of Consumr Protection

Federal Trade Comssionl

Washington. D.C. 20580 

(202) 326-3231 . 

FOR IMstU PALCE. INC.

Ji'etry Eng Ild

President

FOR IMIA ALcf OF MlSSISS1PPI. INC.

President

1:. 

() 

'Jam ii 

.. 

ton, E Sq. 

,,

Nit:,z, wa.lton -i., fle.aton, ' Ltd.

601 $outb Tenth Street , suite 20l

La. Veqas, Nevada 89101

'1G ) 474-4004

torrieY for Defendant

Consent pecX'e'

pa.ge 8 of 8
... .

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REASONS FOR SETTLEMENT

This statement accmpanies th Consent Decree exeouted by defendants hnperal Palace.

Ino., d. a. Imperal Palace Casino, an Jmpm Palace of Mississippi, Inc. to 5eUle 

an action for

civil penalties an equitable relief based on defendants' violations of the Fair Crdit Reportg

Act, 1 S U . 1681 et seq.

Pun\lant to Section 5(tn)(3) oftbe Federal Trae: Commission Act. as 

amended

(15 US.C. 45(m)(3)), the Commssion hereby !Sets fort its reasons for settlement by.entz of ii

Coraent Decee and injunction:

On the basis of the allegations contained in th atachec Complaint, the

Commissi n believes that the pa.yment of a $325 000 civil penalty by defendants

constitPtc:s an appropriate amount on which to bw;e settement. 

The ciyil penty

aIount should ensure compliance with the law by defendants and others who

might otherse violate: the Fai Crit Reporting Act. Furer. the provisions

enjoing defendants frm violatig tbe Fair Credit Reportin Act constitute an

effective means to assura defendats' futu compliance with the law.

Additionally. with the entt of such a Consent Decree the time and expense of

litigation wil be a.voided.

For the foregoing reason, the Commission beUeveil that $ettlement with the defendantlO

by entry of the attached Consent Decree: is justified and well within 

the public interest.