SETTLEMENT AGREEhlENT 

This Settlement Agreement is entered into by and betwccn the Chairman of the National 

Indian Gaming Commission ('NIGC") and all of the Respondents named in NOV-06-03, 

NOV-06-08 and CFA-06-08. Those Respondents are: Marc E. Dunn, an individual ("Mr. 

Dunn"); Oklahoma Management Enterprises, Inc. ("OME"); Native American 

Enterprises & Rcsourcc Managcmcnt, Inc.("NAEW); Wolf Tree Development Company, 

Inc.; Right Source Marketing, LLC.; Hybrid Enterprises. L.L.P.; S.S.E.&L, Inc.; Stratus 

Properties, L.L.C.; and Dunn Plastering & Stucco, Inc. (collectively, "Respondents"). 

In resolution of NOV-06-03, NOV-06-08, CFA-06-08, and the administrative appeals 

thereof, the NlGC and Respondents agree to the following Consent Findings and Terms 

of Settlement. 

CONSENT FINDINGS 

1. The Quapaw Tribc, a fcdcrally-recognized Indian tribe, owns the Quapaw Casino 

and KV Resort ("Quapaw Casino") in Miami, Oklahoma. 

'7 

. Prior to January 20,2001, the Quapaw Tribe used a third-party management 

company callcd Wolf Tree Dcvclopmcnt Company, Inc. ("Wolf Tree") to manage 

the Quapaw Casino. 

3. In September 2000, Mr. Dunn and a minonty-interest partner incorporated NAE, 

making Mr. Dunn the President and Chief Executive Officer of NAE. In December 

2000, Mr. Dunn caused NAE to incorporate OME as a wholly-owned subsidiary of 

NAE, making Mr. Dunn the President, Secrctary and Chief Exccutive Officer of 

OME. 

4. On January 20,200 1, Mr. Dunn caused OME to buy one hundred percent (1 00%) of 

the shares of Wolf Tree. 

5. I'hc affiliated corporations of OME, NAE and Wolf Tree, which Mr. Dunn owned 

and controlled, managed the Quapaw Casino from January 20,2001, through April 

4, 2005. 
6. On August 29,2001, the Quapaw Tribe and OME entered into a Gaming 

Managcmcnt Agrccmcnt. On April 10,2002, the Quapaw Tribe and OME 

submitted this agreement to the NIGC for rcview undcr thc Indian Gaming 

Regulatory Act ("IGRA"), 25 U.S.C. 4 271 1. NIGC staff identified dcficicncics in 

this subnlission by letters dated April 26,2002, August 21,2002, and January 24, 

2003. 

7. On June 26,2003, OME and a tribal entity called the Quapaw Gaming Corporation 

cntcred into a revised Gaming Management Agreement. On July 15.2003, the 

Quapaw Gaming Corporation and OME submitted this agreement to the NIGC for 

review. NIGC staff identified deficiencies in this submission by lcttcr dated July 

3 1,2003. 

8. By letter dated August 8,2003, the NIGC informed Mr. Dunn and OME that the 

NIGC was making an enforcement inquiry into the possible management of the 

Quapaw Casino without an approved managcmcnt contract. At about this time, the 

NIGC suspended review of the pending Gaming Management Agreement. The 

NIGC has never approved a gaming management agreement between the Quapaw 

Trihc and any of the Respondents. 

9. On January 19,2006, the Chairman of the NIGC served a notice of violation, NOV06-03, against Respondents. On March 27,2006, the Chairman of the NIGC served 

NOV-06-08, which amended NOV-06-03, against Respondents. 

10. On April 12,2006, the Chairman of the NIGC issued a proposed civil fine 

assessment, CFA-06-08, against Respondents. The proposed civil fine in CFA-06- 

OX was eleven million dollars ($1 1 million). 

1 1. Respondents initiated administrative appeals of the notices of violation and 

proposed civil fine assessment, which were consolidated before the undersigned 

Presiding Official under 25 C.F.R. part 577. 

TERMS OF SETTLEMENT 

12. This Settlement Agreement shall become binding and effective on the date that it is 

signed by the last party to sign the agreement ("Effective Date"). 

13. Respondents acknowledge that IGRA and the NIGC's regulations authorize thirdparty management of an Indian gaming operation only under a management 

contract that has been approved by the Chairman of the NIGC. Respondents admit 

that Mr. Dunn owned and controlled third-party management companies that 

managed the Quapaw Casino without an NIGC-approved management contract, in 

violation of IGRA and the NIGC's regulations. 
14. Mr. Dunn agrees that after the Effective Datc, hc and any company in which he has 

an ownership interest greater than one quarter of one percent (0.25%) will never 

have any further involvement of any kind, direct or indirect, in the Indian gaming 

industry. Likewise, all other Kespondents agree that they shall never have any 

further involvement in the Indian gaming industry. For purposes of this Scttlemcnt 

Agrccmcnt, "involven~ent" shall be interpreted broadly, with the intent that Mr. 

Dunn will never again conduct any business whatsoever with any Indian gaming 

operation, either in his individual capacity or through a corporate entity. Prohibited 

"involvement" includes, but is not limited to: managing an Indian gaming 

operation; being employed to work in or for an Indian gaming operation; providing 

goods or services to an Indian gaming operation, including devclopmcnt or 

consultation services; providing financing to or for an Indian gaming operation; or 

leasing anything to an Indian gaming operation. 

15. OME. NAE and Wolf Tree shall pay a civil fine of ten million dollars 

($10,000,000) to the U.S. Department of Treasury, delivered to thc NIGC. This 

civil fine shall be due within thirty (30) days after the Effective Date, and the total 

amount to be paid is $1 0,000,000. No other person or entity shall be liable for 

paymcnt of the $10 million civil fine under this paragraph, except that if any 

Respondent breaches any other paragraph of this Settlement Agreement, then any 

and all Respondents shall be liable for the $I 1 million civil fine under Paragraph 22 

of this Settlement Agreement. 

16. Mr. Dunn shall pay or cause to be paid a personal civil fine of fifty thousand 

dollars ($50,000) to thc 1J.S. Department of Treasury, delivered to the NIGC. 

Mr. Dunn may pay this fine 

in two installments. Mr. Dunn's first payment of $10,000 shall be due within Lhirty 

(30) days after the Effective Date. Mr. Dunn's final payment of S40,000 shall be 

duc within ninety (90) days after the Effective Date. 

17. The parties agree that the civil fines herein each constitute a fine under 25 U.S.C. 

2713 levied by the NIGC, an agency of the fcderal government, which is not 

compensation for actual pecuniary loss. 

18. The NIGC agrees that this Settlement Agreement resolves any and all claims under 

the NIGC's jurisdiction against Respondents related to any activities at thc Quapaw 

Casino oceumng before the Effective Datc. 

19. Respondents agree that the Settlement Agreement resolves all their appeals of 

NOV-06-03, NOV-06-08 and CFA-06-08, and Respondents waive all rights to 

pursue an appeal of the Presiding Official's order pursuant to this Settlement 

Agreement dismissing Respondents' administrative appeals, and further waive any 

further procedural steps before the NIGC regarding these matters. 
20. After thc Effective Date, the NIGC shall inform the Presiding Official that the 

parties havc cntered a settlement agreement and shall request a stay of all 

procecdlngs in the appeal pending notification that the NIGC has received the civil 

fine referenced in Paragraph 16. Respondents hereby consent to the notice and 

motion for stay referenced in the preceding sentence, and the NIGC may represent 

that Respondents have given their consent. Aflcr the NIGC has received the civil 

fine referenced in Paragraph 16, the NIGC shall transmit a copy of the Settlement 

Agreement to the Presiding Official and shall request that the Presiding Official 

certify the Settlement Agreement and dismiss the administrative appeal. 

Respondents hereby consent to the motion for settlement agreement certification 

and to dismiss the administrative appeal referenced in the preceding sentence, and 

the NIGC may represent that Respondents have given their consent. 

2 1. The parties agree that the Presiding Official's certification of the findings and 

agrecmcnt shall constitute dismissal of the appeal and final agency action under 25 

CFR 577.9(d). 

If any Respondent breaches Paragraph 14 of this Settlement Agreement by 

maintaining or initiating involvement in the Indian gaming industry after the 

Effective Date, Respondents agree and consent that a civil fine of $1 1 million will 

become fully due and payablc on the date of breach, offset by any civ~l fine that 

Respondents may have paid pursuant to this Settlement Agreement. In such 

circumstance, the NIGC shall issue a written notice (also known as a demand letter) 

to Respondents pursuant to NIGC debt collection regulations, 25 C.F.R. Part 5 13. 

Respondents agree that the NIGC and/or U.S. Department of Treasury may proceed 

with debt collection of the $1 1 million civil fine (less amounts already paid) against 

all or any of the Respondents, and may assess interest, penalties and administrative 

costs from thc date of breach of this Settlement Agreement, as provided in 25 

C.F.R. $ 513.5. In such circumstance, Respondents waive any rights to an oral 

hearing under 25 C.F.R. 5 5 1 3.6, but thc NIGC shall provide Respondents with a 

reasonable opportunity to submit written material supporting a request to reconsider 

the determination that Respondents are in breach of the Settlement Agrccmcnt or to 

challenge the method by which the NIGC calculated the debt. 

23. This Settlement Agreement is the entire agreement, and supersedes all prior verbal 

or written agreements and understandings between the parties relatcd to thc subject 

matter hereof. No warranties, representations, covenants, or agreements shall be 

binding upon any party except as set forth herein. Any amendments to this 

Settlement Agreement must be in writing and signed by both parties. 

24. The parties expressly agree and acknowledge that time is of the esscncc in this 

Settlement Agreement. This Settlcment Agreement shall be binding on the parties, 

thcir agents,+, representatives, successors and assigns. 
25. This Settlement Agreement may be executed in one or morc countcrparts and each 

shall constitute an original. A signature produced by facsimile shall be deemed to 

be an original signature and shall be effective and binding for the purposes of this 

Settlement Agreement. 

SIGNATURES 

Philip N. Hogen, Chairman 

National Indian Gaming Commission On behalf of Respondents 

Dated: 

With the authority vcstcd in me by 25 C.F.R. 8 577.9,I hereby accept and certify this 

Settlement Agreement. 

Thomas K. ~fiz, Presiding Official 

Dated: 
'' JUN .26.2EB7.a : 4 : 40PM bJRTcnFfiLL ECONOMID? S 

n% TIME 06/B '07 14:s~ 

To-National lndiar Gami Paac 006