National Indian Gaming Commission 

NOTICE OF VIOLATION 

To: Tonkawa Tribe of Oklahoma 

Attn: Anthony Street, President (Agent for Service of Process) 

1 Rush Buffalo Road 

Tonkawa, Oklahoma 74653 

Edward Street 

1000 Allen Drive, P.O. Box 147 

Tonkawa, OK 74653 

Oakland Enterprises 

Attn: Edward Street 

1000 Allen Drive, P.O. Box 147 

Tonkawa, OK 74653 

1. The Chairman of the National Indian Gaming Commission (NIGC) hereby gives 

notice that the Tonkawa Tribe of Oklahoma, Edward Street and Oakland Enterprises 

(hereafter referred to as "the Tribe", "Street", and "Oakland Enterprises" located in 

Tonkawa, Oklahoma, have violated the Indian Gaming Regulatory Act ("IGRA"), 25 

U.S.C. $2701 et seq., and NIGC regulations, 25 C.F.R. $ 501 et seq. 

2. Authority. Under regulations of the MGC, the Chairman of the MGC 

(hereinafter "Chairman") may issue a Notice of Violation (hereinafter 'WOV") to any 

person for violation of any provision of the IGRA, NIGC regulations, or any provision of 

a tribal gaming ordinance or resolution approved by the Chairman. 25 C.F.R. $ 573.3. 

Under 25 U.S.C. $ 2713(a)(3) the Chairman shall provide the tribal operator of an Indian 

game or a management contractor with a written complaint stating the act or omissions 

which form the basis for the belief that there has been a violation of IGRA, NIGC 

regulations, or tribal regulations or ordinances, and the action being considered by the 

NIGC. 

3. The circumstances of the violations are: 

A. On or about September 27, 1999, Don Patterson (Patterson), then 

President of the Tonkawa Tribe, a federally recognized Indian tribe, 

informed the NIGC Tulsa Region Office of the Tribe's intent to reopen its 
gaming facility, located in Tonkawa, Oklahoma, with the possibility that 

the facility would be managed by tribal member Edward Street (Street). 

B. On or about December 1, 1999, during a site visit to the Tonkawa Bingo 

Gaming ("casino" or "gaming facility"), located at 1000 Allen Drive, 

Tonkawa, Oklahoma, NIGC field representatives were informed by 

Patterson, that Street, doing business as Oakland Enterprises, had assumed 

management of the Tonkawa Casino. 

C. On or about December 1, 1999, NIGC field investigator Marci Pate Ober 

(Pate Ober) advised Street and Patterson that a management contract was 

required to be submitted to the NIGC for approval, and that Oakland 

Enterprises could not manage the operation until the agreement was 

approved. 

D. On or about March 14, 2000, a proposed management contract between 

the Tribe and Street was received by the NIGC DC office. On April 14, 

2000, the NIGC sent a letter to Street and the Tribe requesting documents. 

These documents were never provided to the NIGC. 

E. On or about June 2, 2000, NIGC field investigator Pate Ober met with 

Street and Patterson to conduct a conference call with NIGC Financial 

Analyst Elaine Trimble-Saiz (Trimble-Saiz). During this call Patterson 

and Street were informed that the contract could not be approved because 

the Tribe was needed to receive at least 70% of the gaming revenue. 

Patterson and Street were informed that to continue with the management 

contract approval process they must submit background information, fees 

for the cost of conducting a background investigation, a business plan, and 

income statements. On August 15, 2000, Field Investigator Pate Ober 

issued a Potential Notice of Violation (PNOV) for allowing a management 

contractor to operate the Tribe's gaming enterprise without a contract 

approved by the NIGC Chairman. 

F. In a letter dated February 5, 2002, Fred Stuckwisch (Stuckwisch), then 

NIGC Director of Contracts, notified both the Tribe and Street that the 

NIGC could not approve a revised contract submitted on October 3,2001, 

because of multiple legal deficiencies. 

G. On February 8, 2002, Pate Ober conducted an unannounced site visit to 

the Tonkawa Bingo and Casino. During this visit Street informed her that 

he had retained attorney Ken Bellmard (Bellmard) to make revisions to the 

management contract. 

H. In a letter dated August 20, 2002, from Stuckwish, the NIGC reiterated to 

Patterson and Street that the management contract submission requests 

made on February 5,2002, had not been responded to. 
I. On March 6, 2003, the NIGC received via facsimile from Bellmard the 

newest revision to the Tonkawa management contract. This 

correspondence indicated that the Tribe would submit additional 

information. 

J. On April 15, 2003, Stuckwish, sent a deficiency letter to the Tribe and 

Street outlining the submission requirements for approval of a 

management contract. The letter stated that the Tribe had 45 days to 

address the stated concems or that the contract would be deemed 

withdrawn. On June 5, 2003, Stuckwisch, issued a letter to the Tribe 

stating that due to the parties' failure to respond to NIGC concems, the 

contract was deemed to have been withdrawn from the approval process 

and that no fbrther action would be taken. No contract between the Tribe 

and Oakland Enterprises has ever been approved by the NIGC Chairman. 

K. On or about June 6,2003, the Tonkawa Tribal Council advised the NIGC 

that they wished to employ Street as an employee of the Tonkawa Bingo 

and Gaming facility. However, the Tribe has not provided W-2 forms 

showing that Street was ever employed by the Tribe. 

L. On August 11, 2003, Field Investigator Pate Ober conducted a site visit to 

determine whether Oakland Enterprises and Street were continuing to 

manage the Tonkawa Bingo and Casino. During the visit Street and 

Bellmard confirmed that nothing had changed since the management 

contract was withdrawn. Street and Bellmard stated that the checks for the 

casino are still written by Street, the gaming accounts are still in Oakland 

Enterprises' name, the employees are still Oakland Enterprises employees, 

and that the profit split is still the same as it was before the management 

contract was withdrawn. 

M. Between February 3, 2005, and March 1, 2005, Pate Ober interviewed 

several employees of the Casino as well as employees and officials of the 

Tribe. These individuals stated that since 1999, Oakland Enterprises, 

through Street, has been responsible for the management of the Tonkawa 

Bingo and Casino by hiring and firing of all employees of the casino, that 

the casino employees are not employees of the Tribe but rather employees 

of Oakland Enterprises, that the payroll checks for the casino employees 

are signed by Street and that the name on the payroll checks is Oakland 

Enterprises. Furthermore, Oakland Enterprises controls the placement of 

machines; authorizes all expenditures; and controls the gaming facility 

accounting and revenue. These individuals further stated that Oakland 

Enterprises is not a tribal corporation but is an entity that is solely owned 

by Street. 
N. On March 1, 2005, Pate Ober interviewed Street. This interview was 

conducted as part of an investigation to determine whether Street was 

managing the Tonkawa Casino without a contract approved by the NIGC 

Chairman. Street stated that he has been the casino general manager since 

1999. Street stated that Oakland Enterprises generates profit and losses 

statements every month that are provided to the Tribe. Street stated that he 

is responsible for the hiring and firing of all casino employees. Street 

stated that he and the casino supervisors determine gaming employee 

wages, benefits, and promotions. Street further stated that he signs off on 

all casino expenditures without any tribal approval. Street stated that the 

casino's Federal Identification number belongs to Oakland Enterprises. 

Street stated that the casino has five operating accounts that are all in the 

name of Oakland Enterprises. Street stated that Bellmard is the attorney 

for Oakland Enterprises and he is also the attorney for the Tribe. Street 

stated that Oakland Enterprises paid Bellmard7s attorney fees out of 

Street's share at the casino. Street stated that he receives forty percent 

(40%) of the OTB revenue and thirty-five percent (35%) of the gaming 

machine revenue. Street stated that he is also paid a salary of $1000 a 

week from Oakland Enterprises. Street stated that he is the only person 

who has a Temporary Employment Agreement with the Tribe. Street 

stated he could not recall how long he and the Tribe have worked under 

the Temporary Employment Agreement. Street stated that he worked 

under the management agreement for a period of time and that there was 

not much difference between the management agreement and the 

temporary employment agreement. Street stated that since the 

management contract was withdrawn there have been no changes to the 

way the casino is being operated. Street stated that Oakland Enterprises is 

not a Tribal entity. Street stated that he is the sole owner of Oakland 

Enterprises. 

0. Since 1999, Oakland Enterprises, thorough Street, has continually 

managed the Tonkawa Bingo and Casino without a contract that has been 

approved by the Chairman of the NIGC. 

4. Respondents are in violation of IGRA and NIGC regulations, which provide as 

follows: 

A. IGRA requires that tribes obtain the approval of the Chairman of the 

NIGC to enter into a management contract for the operation and 

management of a gaming operation. 25 U.S.C. 271 I. 

B. NIGC regulations mandate that "Subject to the Chairman's approval, an 

Indian tribe may enter into a management contract for the operation of a 

class I1 or class I11 gaming activity." 25 C.F.R. $ 533.1. Management 

contracts become effective upon approval by the Chairman. 25 C.F.R. $ 
533.1(a). All management contracts not approved by the Secretary of the 

U.S. Department of the Interior must be submitted to the NIGC for review 

upon their execution. 25 C.F.R. $ 533.2. 

C. Management contracts and changes in persons with a financial interest in 

or management responsibility for a management contract that have not 

been approved by the Secretary of the Interior or the Chairman of the 

NIGC are void. 25 C.F.R. $ 533.7. 

D. NIGC regulations provide that it is a substantial violation of IGRA for a 

management contractor to operate a gaming operation without an 

approved contract. 25 C.F.R. 4 573.6(a)(7). 

5. To correct these continuing violations, Respondents shall, within 5 days: 

A. The Tribe andlor any tribal entity shall ensure that Street, Oakland 

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

associated with Street, including any entity in which Street or an 

entity owned by him is a shareholder, does not exercise control or 

authority over the employees at any of the Tribes gaming facilities. 

B. Street must cease, and cause any entity owned or controlled by 

Street to cease, all management, control, or authority over any and 

all gaming operations associated with the Tribe. 

C. Cease and desist all gaming at the Tonkawa Bingo and Casino. 

6. Appeal.' 

Within 30 (thirty) days after service of this NOV, Respondents may appeal to the 

full Commission under 25 C.F.R. Part 577 by submitting a notice of appeal and, if 

desired, request for hearing to the National Indian Gaming Commission, 1441 L 

Street, NW, Suite 9100, Washington, DC 20005. Respondents have a right to 

assistance of counsel in such an appeal. A notice of appeal must reference this 

NOV. 

Within ten (10) days after filing a notice of appeal, Respondents must file with the 

Commission a supplemental statement that states with particularity the relief 

desired and the grounds therefore and that includes, when available, supporting 

evidence in the form of affidavits. If Respondents wish to present oral testimony 

or witnesses at the hearing, Respondent must include a request to do so with the 

supplemental statement. The request to present oral testimony or witnesses must 

specify the names of proposed witnesses and the general nature of their expected 

testimony, whether a closed hearing is requested and why. Respondents may 

waive in writing their right to an oral hearing and instead elect to have the matter 

determined by the Commission solely on the basis of written submissions. 

7. Fine--Submission of Information. 
The violation cited above may result in the assessment of a civil fine against 

Respondents in an amount not to exceed $25,000 per violation per day. Under 25 

C.F.R. 9 575.5(a), Respondents may submit written information about the 

violation to the Chairman within 15 days after service of this NOV (or such 

longer period as the Chairman of the Commission may grant for good cause). 

The Chairman shall consider any information submitted in determining the facts 

surrounding the violation and the amount of the civil fine, if any. 

8. Closure 

Under 25 U.S.C. 8 271 3(b)(1) the violations cited ab 

permanent closure of the gaming facility. , 

/ 

pvemaygsult in the ./ 

Dated: February 2,2006 

P&W. Hogen 

Chairman 

National Indian Gaming Commission