STIPULATED NOTICE OF VIOLATION AND 

AGREED CTVIL FINE ASSESSMENT 

To: 

John Berrey 

Chairman 

Quapaw Tribe of Oklahoma 

P.O. Box 765 

Quapaw, Oklahoma 74363 

J R Mathews 

President 

Quapaw Gaming Corporation 

P.O. Box 765 

Quapaw, Oklahoma 74363 

NOTICE 

I. The Chairman of the National Indian Gaming Commission ("NIGC") hereby gives notice 

that the Quapaw Tribe of Oklahoma and the Quapaw Gaming Corporation (hereafter 

referred to as "the Tribe" and the "QGC") located in Quapaw, Oklahoma, have violated 

the Indian Gaming Regulatory Act ("IGRA"), 25 U.S.C. 5 2701 el seq., and NIGC 

regulations, 25 C.F.R. tj 501 et seq. 

2. The circumstances of the violation are: 

A. On or about May of 2003, the Enforcement Division of the NIGC initiated 

an inquiry into the management of the Quapaw Casino, a wholly-owned 

enterprise of the Quapaw Tribe ("Tribe7'), a federally recognized Tndian 

tribe, to determine whether the facility was being managed in the absence 

of a management contract approved by the Chairman in violation of the 

IGRA. 

On or about January 20,2001, Marc E. Dunn ("Dunn"), Oklahoma 

Management Enterprises, Inc. ("OME7>), andlor Native American 

Enterprises & Resource Management, Inc. ("Native American 

Enterprises") assumed management of the Quapaw Casino. 
On August 29, 2001, the Tribe and,ent entered into a Gaming 

Management Agreement. The agreement formalized the arrangement 

whereby Dunn, OME, and/or Native American Enterprises managed the 

Quapaw Casino for the Tribe which was not approved by the Chairman of 

the NIGC I 

Although the Tribe submitted the Augmst 2001 management agreement to 

the NIGC on April 10, 2002 seeking review and approval by the 

Chairman, the submission was not approved due to deficiencies in the 

submission which were brought to the Tribe's attention by letters dated 

April 26,2002, August 2 1, 2002, and January 24, 2003. 

On July 1 5, 2003, the QGC submitted a modified Gaming Management 

Agreement, dated June 26, 2003, to the NIGC for review and approval 

Similar to August 2001 management agreement, the Tribe, QGC, Dunn, 

OME, and/or Native American Enterprises acted pursuant to the June 2003 

management agreement, allowing pnn, OME, and/or Native American 

Enterprises to manage and operate the Quapaw Casino despite the fact that 

such agreement was not approved by the Chairman of the NIGC. 

By letter dated July 3 1, 2003, the NGC advised the Tribe of deficiencies 

in the submission. On August 27,2003, additional information and 

documentation was submitted to thh. NIGC in support of the management 

contract submission. I 

On August 8, 2003, the NIGC notified the Tribe by letter that the NlGC 

had initiated an inquiry into the possible management of the Quapaw 

Casino without an approved managyment contract and directed the 

submission of certain documents and materials. 

On September 5,2003, the Chairman of the Quapaw Tribe and other 

Quapaw tribal representatives met hith the Chairman of the NIGC and 

other MGC members to discuss theipending inquiry. During the meeting, 

the Chairman informed the Quapaw Chairman and tribal representatives 

that he had instructed the Contracts Division to suspend review of the 

management contract submission pqnding the outcome of the inquiry. 

Following the meeting the Tribe timely submitted the documents and 

materials requested in the letter of August 8, 2003 then later responded 

timely to a separate request for documents fi-om the Director of 

Enforcement made October 16,2003. 

1 Nahve American Enterprises owns one hundred pmnt (100 %) of the shares of OME. Marc E. Dunn is the 

'resident and the Director of Native American Enterprises. 

2 
K. Throughout the period of inquiry, which extended from May 2003 through 

November 19, 2004, the Quapaw Tribe cooperated with the NlGC to 

provide documents and materials related to the Quapaw Casino. 

L. Consequently, fiom approximately January 20, 200 1 through November 

1 9, 2004, Dunn, OME, and/or Native American Enterprises managed the 

Quapaw Casino at Miami, Oklahoma without a management contract 

approved by the Chairman of the NIGC in violation of TGRA, 25 U.S.C. 

3 271 1, and NlGC regulations, 25 C.F.K. Parts 533 and 573 with the 

knowledge of the Tribe and the QGC. 

3. The Chairman has authority to levy and collect appropriate civil fines, not to exceed 

$25,000 per violation, against the tribal operator of an Indian game or a management 

contractor engaged in gaming for any violation of any provision of IGRA and NIGC 

regulations. 25 U.S C. 5 2713(a)(l); 25 C.F.R. 5 575.4. "If noncompliance continues for 

more than one day, the Chairman may treat each daily act or omission as a separate 

violation." 25 C.F.R $ 575.4 (a)(2). 

4. The Chairman acknowledges, however, that prior to the execution of this Stipulated 

Notice of Violation the Quapaw Tribe took affirmative steps to correct the circumstances 

giving rise to this matter by severing all business ties involving Indian gaming with 

Dunn, OME, and Native American Enterprises and pledging to assume full managerial 

and operational control over the Quapaw Casino. While such action represent a 

significant step toward compliance, the following additional corrective actions are 

required by the Tribe and QGC: 

A. The Tribe, QGC, andlor any tribal entity shall prohibit Dunn, OME, and 

Native American Enterprises, and/or any other entity owned in whole or 

part or otherwise associated with Dunn, including any entity in which 

Durn or an entity owned by him is the majority shareholder, fiom any 

association of any kind with the Quapaw Casino, any tribal gaming 

activity, and any tribal gaming facility. 

B. The Tribe, QGC, andlor any tribal entity shall not employ or retain Dunn, 

or any entity owned in whole or part or otherwise associated with Dunn, , including any entity in which Dunn or an entity owned by him is the 

majority shareholder, to operate, manage, consult, or provide any type of 

materials, machines, or services related directly or indirectly to the 

operation or management of any of its gaming facilities. 

C. The Tribe, QGC, and/or any tribal entity shall not permit Dunn, OME, 

Native American Enterprises, or any entity owned in whole or part by or in 

any way associated with Dunn, including any entity in which Dunn or an 

entity owned by him is the majority shareholder, to develop, finance, or 

otherwise have a direct or indirect financial interest in any existing or 
future gaming facility and/or operation or to provide any type of materials, 

machines, goods or any type of services to the Tribe's existing or hture 

gaming facilities or operations. 

D. The Tribe, QGC, and/or any tribal entity shall not enter any type of 

arrangement with Dunn, OME, Native American Enterprises, any entity 

owned in whole or part by Dunn, any entity in any way associated with 

Dunn, including any entity in which Dunn or an entity owned by him is 

the majority shareholder, that provides Dunn or such entities, either 

directly or indirectly, with a sum of money and/or future sums of money as 

consideration for such entities' past gaming-related services to the Tribe or 

any tribal entity and/or as consideration for the prohibition of such 

gaming-related services in the future. 

E. The Tribe, QGC, andlor any tribal entity shall not have any type of 

relationship involving Indian gaming with Dunn, OME, Native American 

Enterprises, any entity owned in whole or part by Dunn, any entity in any 

way associated with Dunn, andlor any entity in which Dunn or an entity 

owned by him is the majority shareholder. 

AGREEMENT FOR SETTLEMENT 

5. This Agreement js entered into by and between the Quapaw Tribe of Oklahoma and the 

QGC, by duly authorized officers or agents, and the Chairman of the NIGC pursuant to 

25 C.F.R. § 575.6 (b) and shall be effective upon execution by the parties and receipt of 

payment from the Tribe by the NIGC. 

6. The Tribe and QGC admit the facts set forth in Paragraphs One (1) and Two (2) of this 

Agreement; agree that the NIGC possesses jurisdiction over this action; and agree to 

comply with the corrective measures set forth in Paragraph Four (4) of this Agreement. 

7. The Tribe and QGC are aware of their rights to: 

A. submit written information about the violation to the Chairman prior to 

issuance of a civil fine assessment by the Chairman and to have at least 

fifteen (1 5) days after the issuance of a notice of violation to do so under 

25 C.F.R. 575.5; 

B. appeal the notice of violation to the full Commission under 25 C.F.R. 

FJ 577; 

C. obtain a hearing to contest the matter under 25 C.F.R. 5 577; 

D. seek a reduction or waiver of a civiI fine under 25 C.F.R. €j 575.6; and 
E. appeal any final determination by the full Commission to a federal district 

court under 25 U.S.C. 27 14. 

8. In exchange for the terms, conditions, and understandings set forth herein, the Tribe and 

QGC hereby waive the rights specified in Paragraph Seven (7) of this Agreement and any 

other right to seek judicial review or otherwise challenge or contest the Chairman's 

actions under this Agreement, including the right to have the Chairman provide his 

written analysis of the factors to be considered in Assessing a civil fine set forth under 25 

C.F.R. tj 575.4 up to the amount of $50,000.00 

9. Furthermore, the Tribe and QGC attest that: 

A. As of the date of execution of this instrument, it has severed all business 

ties with Dunn, OW, and Native merican Enterprises, any entities 

owned in whole or part by Dunn, any entity otherwise associated in any 

way with Dunn, and/or any entity in which Dunn or an entity owned by 

him is the majority shareholder. , 

B. The Tribe agrees to fully comply with the corrective measures set forth in 

Paragraph Four (4) of this instrument. 

C. The Tribe and QGC agree to proviqb full cooperation to the NIGC in 

relation to any enforcement action tbken by the NIGC against Dunn, 

OME, and/or Native American ~ntdr~rises formanaging the Quapaw 

Casino without an approved managkment contract, including but not 

limited to providing documents, witnesses, and/or declarations in regard to 

the management of the Quapaw caiino by Dunn, OME, and/or Native 

American Enterprises from ~anuar~20, 2001 through the date of this 

Agreement. 

10. The Tribe, QGC, and the Chairman desire to resolye this matter without undertaking the 

burdens, costs, risks, and uncertainties associated $ith formal administrative and judicial 

proceedings. 

1 1. Lfthis agreement is accepted by the Tribe, QGC, atjd the Chairman, the Chairman will, 

without further notice, simultaneously issue the ~dtice of Violation (set forth in 

Paragraphs One (1) through Four (4) of this Agreeinent) and a Final Civil Fine 

Assessment Order which shall become a final ordet of the Commission and shall contain 

the following text: 

CIVIL FINE ASSESSMENT - Pursuant to:the Lndian Gaming Regulatory Act 

("IGRA"), 25 U.S.C. 2701 et seq., and by virtue of the authority vested in the 

Chairman of the National Indian Gaming Commission ("NIGC"), the Chairman 

has found the Quapaw Tribe of Oklahoma (''Tribe") and the Quapaw Gaming 

Corporation ("QGC"), located in Miami, Oklahoma, to be in violation of Section 
271 I of Title 25 of the United States Code, and regulations adopted by the MGC 

pursuant to its authority under these laws. Accordingly, the Tribe shall pay a civil 

fine of fiRy thousand dollars ($50,000.00). Furthermore, the Tribe, QGC, and any 

tribal entity shall prohibit Marc E. Dunn, OME, and Native American Enterprises, 

any entity owned in whole or part by Dunn, and/or any entity in which Dunn or an 

entity owned by him is the majority shareholder from any involvement 

whatsoever, now or in the hture, with any Quapaw gaming facilities and/or 

operations. 

12. The Tribe agrees to pay the aforementioned civil fine to the NIGC on or before April 15, 

2005. Payment shall be submitted to the NIGC, 1441 L Street N. W., Suite 9100, 

Washington, D.C. 20005, payable to the United States Treasury. 

13. This agreement shall not become public unless and until it is accepted and signed by the 

Chairman of the NIGC. However, upon its acceptance by the Chairman of the NGC and 

his signature, this agreement will become public. 

14. The Chairman agrees upon execution of this Agreement that the NlGC shall not institute 

further proceedings or actions or assess any additional sanctions against the Quapaw 

Tribe or any entity ofthe Quapaw Tribe or the officers and/or directors of such tribal 

entities, including the members of the Business Committee, arising out of, or related to, 

the subject matter of this Agreement for actions or omissions occurring prior to April 5, 

2005, unless the Tribe, QGC, and/or any tribal entity fails to comply with this 

Agreement. If the Tribe or any of its tribal entities fail to comply with this Agreement, 

the Chairman reserves the right to initiate an enforcement action as outlined under 25 

C.F.R. 3 573.6, which may result in additional fines or closure of Quapaw tribal gaming 

facilities. 

15. The Chairman agrees to confer with the Quapaw Tribe prior to any settlement with Dunn, 

OME, or Native American Enterprises in connection with any action or proceeding 

involving Dunn, et al's involvement with the Quapaw Casino between January 20, 2001 

through November 19, 2004, in order that the Tribe may provide information which may 

be usehl or helphl to the NIGC. 

16. In the event that the Commission should issue a final order concluding that Dunn, et al, 

has violated any provision of the IGRA, the Chairman agrees to assist the Tribe recover 

any finds or property that Dunn may have unlawfblly or improperly obtained from the 

Quapaw Tribe by providing the Tribe any documents which may lafilly be conveyed to 

the Tribe or by any other action that is lawful. 

ADDITIONAL COVENANTS 

17. This Agreement constitutes the entire agreement between the Chairman, the Tribe, and 

the QGC and supersedes all prior verbal or written agreements and understandings 

between the parties related to the subject matter hereof. No warranties, representations, 
covmanta, or iipmmzts gihall be bind* ~rpon~lany party mcapt EI W forth berein. Any 

modification or waiver ofany .~:UTII of this Apemnt ~4~ the wdific%tion nr 

WGV~~ lolftcrm, be ia wrm'q aad srg~cd 'by 811 t~c MU. 

18.m Tibe and QGC stipulate that the Ndte of Vialatian shatlba dd a fiDa orda of 

the Cda and a hd ag- & ~UEUDUI ttr 25 C3.R. 9 577.9(13). 

19, Tha Wman, theTdq and QGCexpress~~grueand~~~timt is aftZle 

~sgtncc in this Ageemant. Ihe dralf Wein aad abaw sst &dl be birding upon tbe 

partks,th&ag3nt~.hits~reprrscntarS~,~r3and4gb~. 

20.AsIgnaturt~by&shnilesMb&enadtoh?a~ri~dshall 

be eS-e and binding fw puqme ofthe Apenwt. 

For the Qqmv TAbe of Oklahoma 

By: 

For b National Idan Gmhg commioaion; ,, I' 

, ,//' 

/' , ,'_ ,, * 

t--w By: /' ,(*L/r*- 

Pup N. Hoged