NATIONAL INDIAN GAMING COMMISSION 

NOTICE OF VIOLATION 

TO: Muscogcc Crcck Nation 

Attn: AD Ellis, Principal Chief 

P.O. Box 580 

Hwy 75, Loop 56 

Qkrnulgee, OK74447 

FAX: (918) 758-1434 

Jason Nichols, Gaming Commissioner 

(AGENT FOR SERVICE OF PROCESS) 

Officc of Public Gaming 

1616 East 81" St. 

P.O. Box 700833 

Tulsa, OK 74 1 36 

FAX: (9 I 8) 296-0393 

Roger Wiley, Attorney General 

Muscogee Creek Nation 

P.O. Box 580 

Okrnulgee, OK 74447 

FAX: (918) 756-2445 

1. Notification of Violni 

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

notice that thc Muscogee Creek Nation (Respondent, Nation, or Tribe), located in 

Olanulgee, Oklahoma, has violated NIGC regulations by failing to submit timely 

quarterly statements and fee payments, Speci ficalIy, the Nation made an untirneIy 

fee payment for the Creek Nation Duck Creek Casino for the quarter ending June 

30,2008, and an untimely quarterly statement and fee payment for the quarter 

ending September 30,2008. h addition, the Nation failed to submit quarterly 

statements for the Creek Nation Duck Creek Casino for the quarters ending 

September 30 and December 3 1 of calendar year 2008. Finally, the Nation filed 

untimely quarterly statements and fee payments for the Creek Nation EufauIa 

Casino for the quarters ending March 3 1, June 30, and September 30 of calendar 

year 2008. 
Under the Indian Gaming Regulatory Act (IGM) and NIGC tcgulatians. the 

Chaiman of the NIGC (Chairman) may issue a Notice of Violation (NOV) 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 U.S.C. 9 2713: 25 C.F.R. tj 573.3. 

3. Applicable Federal Laws 

A. IGRA requires the NIGC to establish a schedule of fees to be paid to the 

Commission annually by each gaming operation that conducts a class 11 or 

class I11 gaming activity. 25 U,S.C. Ij 2717. 

B. NIGC regulations require that each gaming operation under the 

jurisdiction of the Commission shalI pay to the Commission annual fees as 

established by the Commission. 25 C..F.R. 5 5 14.1 (a). 

C. Each gaming operation subject to the jurisdiction of ~hc Commission and 

not exempt from paying fees pursuant to thc self-tegulation provisions 

shall file with the Commission a quarterly statement showing its 

assessable gross revenues for the previous calendar pr. 25 C.F.R. 8 

5 14. I (c). 

D. The quarterly statements are due March 3 1, June 30. September 30, and 

December 3 1 of each calendar year the gaming operation is subject to the 

jurisdiction of the NTGC. 25 C.F.R. 8 5 14. I (cS(2). The quarterly 

statements shall be transmitted to the Commission and arrive no later than 

the due date. 25 C.F.R. $ 5 I4.l(c)(4$. 

E. NIGC regulations require each gaming operation to remit to the 

Commission the fees due each quarter with the quarterly statement. 25 

C.F,R. 5 5 14.1 (cS(5). 

F. The NlGC may assess a penalty for failure to file timely a quarterly 

statement. 25 C.F.R. 5 5'14.1(~)(9). 

6. NIGC regulations define "gaming operation" as "each economic entity 

that is licensed by a tribe. operates the games, receives the revenues, 

issues tbc prizes and pays tlre expenses." A gaming operation may be 
operated by a tribe directly; by a management contractor; or. under certain 

conditions. by another person or othcr entity. 25 C.I:.R. fj 502.1 0. 

Role of Quarterly Fees and Quarterly Statements 

The annual fees collected by the NIGC are necessary in order to hd the agency's 

oversight and regulation of Indian gaming and are based upon the quarterly 

statements submitted by Indian gaming operations. NIGC rnuslt set a fee rate 

suflicient to fund its annual budget. yet may not exceed the fee cap set by 

Congress. Thus, it is imperative that the NIGC receive quarterly statements from 

the gaming operations in a timely manner so that the NTGC is able to set accurate 

preliminary and final fee rates. 

5. Circumstances of the Violation 

A. Respondent is a federally recopized Indian Tribe with tribal headquarters 

in Okmulgee. Oklahoma. 

B. The Tribe operated its gaming operation. Creek Nation Casino Duck 

Creek. during all or part of 2007 and 2008. 

C. The Tribe operated its gaming operation, Creek Nation Casino Eufaula, 

during all or part of 2007 and 2008. 

D. The NTGC received an untimely quarterly statements andor fee payments 

for the Creek Nation Casino Duck Creek as follows: 

For the quarter ending June 30. 2008, an untimely quarterly 

statement and fee payment was received on July 22, 2008.22 days 

I ate: 

For the quarter ending September 30, 2008, an untimely fee 

payment was received on December 3Q. 2008.9 1 days late. 

E. The NIGC did not receive quarterly statements for the Creek Nation Duck 

Creek Casino for the quarters ending September 30 and December 3 1 of 

calendar year 2008. 

f. The NIGC received an untimely quarterly statements and/or fee payments 

for the Creek Nation Casino Eufaula as follows: 
For the quarter ending March 3 1,2008, on April 1 5.2008, 15 days 

late: 

For the quarter ending June 30,2008, on July 8,2008,s days late; 

For the quarter ending September 30, 2008. on October 6.2008. 6 

days late. 

G. Failure to submit quarterly statements is a violation of NIGC 

regulations. 

14. Untimely submission of quarterIy statements and fee payments is a 

violation of NIGC regulations. 

6. Measures Required to Correct the Violation 

While there is no remedial action that can correct the untimely submissjon of 

quarterly statements and fees. improved controls to ensure timely submission of 

future quarterly statements and fees should be put in place. Moreover, to correct 

the on-going violation. the Tribe should immediately submit the outstanding 

quarterly statements. 

7. Appeal 

Within thirty (30) days after service of this Notice of Violation. Respondent may 

appeaI 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 

Cornmission, E 44 1 L Street NW, Ninth Floor, Washington, DC 20005. 

Respondent has a right to assistance of counsel in such an appeal. A notice of 

appeal must reference this Notice of Violation. 

Within ten (1 0) days after filing a notice of appeal, Respondent must file with the 

Commission a supplemental statement that states with particularity the relief 

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

evidence in the Zonn of affidavits. If Respondent wishes 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. Respondent may 

waives its right to an oral hearing and instcad elect to have the matter determined 

by the Commission solely on the basis of written submissions. 

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

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

C.F.R. Ij 575,5(a), Respondent may submit written information about the violation 

to the Chairman within fifteen (1 5) days after service of this notice of violation 

(or such longer period as die Chairman may grant for good cause). The Chairman 

shall consider my information submitted in determining the facts surrounding the 

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

Dated thisye-of M&h. 2009 ,, 

~IP N. I-IOGEN 7 

Chairman 

Staff Attorney 
Certificate of Service 

I cel-tify that this Notice of Violation was sent by facsimile transmission and certified 

U.S. mail, return receipt reqncstcd, on this 4Ih day of March, 2009 to: