NOTICE OF VIOLATION 

To: Marc E. Dunn 

555 West Southern Hills Rd. 

Phoenix, Arizona 85023 

Marc E. Dunn 

President 

Oklahoma Management Enterprises, Inc. 

1006 W. Adams Street 

Phoenix, Arizona 85007 

Marc E. Dunn 

President 

Oklahoma Management Enterprises, Inc. 

1 1 11 Brickyard Road #204 

Salt Lake City, Utah 841 06 

Marc E. Dunn 

President 

Native American Enterprises & Resource Management, Inc. 

1006 W. Adarns Street 

Phoenix, Arizona 85007 

WAS, Inc. 

Arizona Statutory Agent for Oklahoma Management Enterprises, Inc.; Native American 

Enterprises & Resource Management, Inc.; Hybrid Enterprises, L.L.P; S S E & L, Inc.; & 

Stratus Properties, L.L.C.. 

4201 N. 21'' Street 

Suite 100 

Phoenix, Arizona 8501 6 

Oklahoma Secretary of State 

Oklahoma Registered Agent for Oklahoma Management Enterprises, Inc. 

2300 N. Lincoln Blvd. 

Suite 101 

Oklahoma City, Oklahoma 73 105 

Corporation Service Company 

Oklahoma Registered Agent for Right Source Marketing, L.L.C. 
1 15 SW 89'h Street 

Oklahoma City, Oklahoma 73 139 

Marc E. Dunn 

President 

S.S.E. & L, Inc. 

1006 W. Adams Street 

Phoenix, Arizona 85007 

Marc E. Dunn 

President 

Dunn Plastering & Stucco, Inc. 

1006 W. Adarns Street 

Phoenix, Arizona 85007 

Marc E. Dunn 

President 

Wolf Tree Development Company, Inc. 

1006 W. Adams Street 

Phoenix, Arizona 85007 

Marc E. Dunn 

Hybrid Enterprises, LLP 

1707 E. Highland Avenue 

#I90 

Phoenix, AZ 85016 

Marc E. Dunn 

Right Source Marketing, LLC 

1707 E. Highland Avenue 

#I90 

Phoenix, AZ 85016 

Marc E. Dunn 

Stratus Properties, LLC 

1707 E. Highland Avenue 

#I90 

Phoenix, AZ 85016 

1. The Chairman of the National Indian Gaming Commission ('NGC") hereby gives notice 

that Marc Dunn, Oklahoma Management Enterprises, Inc. and Native American 

Enterprises & Resource Management, Inc. (hereafter referred to as "Dunn," "OME," 
"Native American Enterprises," and "~es~ondents'"), manager of the Quapaw Casino & 

R.V. Resort (hereafter referred to as the "Quapaw Casino"), are in violation of the Indian 

Gaming Regulatory Act ("IGRA"), 25 U.S.C. $ 2701 et seq., and NIGC regulations, 25 

C.F.R. 5 501 et seq.. 

2. The circumstances of the violation are: 

The Quapaw Tribe (the "Tribe") is a federally recognized Indian Tribe with tribal 

headquarters in Quapaw, Oklahoma. The Tribe owns a gaming operation known as the 

Quapaw Casino & R.V. Park located in Miami, Oklahoma. The Tribe has operated this 

gaming operation since approximately July 2000. 

On February 19,2000, the Tribe entered into a gaming management contract with Wolf 

Tree Development Company, Inc. Pursuant to this contract, Wolf Tree Development was 

retained to "manage, operate, and maintain the tribal gaming facility currently known as 

the Quapaw Casino and adjacent RV Park." The contract explicitly stated that "[elxcept 

as otherwise provided in this Agreement, Wolf Tree shall have complete responsibility 

for operation and maintenance of the gaming facility." This gaming management 

contract was never submitted to the NIGC for its review nor did the Chairman of the 

NIGC approve this contract. 

Oklahoma Management Enterprises, Inc. ("OME) is an Arizona corporation that 

incorporated on December 20,2000. It is in the business of "Property and Business 

Management;" specifically, as represented in its workers compensation insurance policy, 

the "management 1 operation of [a] Class 2 gaming facility." Marc Dunn is the President 

and the Secretary of OME. 

On January 20,2001, OME entered into a Stock Purchase Agreement with all persons 

who owned the outstanding shares of Wolf Tree Development Company, Inc. to purchase 

all of these shares. This agreement states that "Wolf Tree, since its inception, has been in 

the business of managing a Class I1 gaming enterprise owned by the Quapaw Tribe of 

Oklahoma pursuant to that certain Gaming Management Contract dated February 19, 

2000." Further, the agreement set forth that "Jake Prince hereby represents and warrants 

that he will use his best efforts to help the Purchaser obtain all necessary consents from 

the Quapaw Tribe's Business Committee for the purpose of consummating the 

transactions contemplated herein, and for the purposes of hlfilling the requirements 

under the Gaming Management Contract and the Financing Agreement." 

I Respondents also include the following companies, that are wholly owned by Marc E. Dm and were involved 

with the Quapaw casino: S.S.E. & L. Inc.; Durn Plastering & Stucco, Inc.; Wolf Tree Development Company, Inc.; 

Hybrid Enterprises, LLP; Right Source Marketing, LLC; and Stratus Properties, LLC. 

* Policy # 01691256, CornpSource Oklahoma, Policy Period 2/28/02 to 3/1/03. 
Confirming the existence of the stock purchase agreement, the Accountant's Audit 

Report of the Quapaw Casino for the period ended on September 30,2001, states 

"Oklahoma Management Company took over the management of the operations of the 

Quapaw Casino and R.V. Park. Oklahoma Management Company purchased the right to 

manage the casino from Wolf Tree Development Company." 

Native American Enterprises & Resource Management, Inc. is also a Arizona corporation 

engaged in business of managing gaming operations on Indian lands. Native American 

Enterprises & Resource Management, Inc. owns one hundred percent (100%) of the 

shares of OME. Marc Dunn is the President and the Director of Native American 

Enterprises. 

On January 20,2001, Dunn, OME, andlor Native American Enterprises took over 

operations at the Quapaw Casino fi-om Wolf Tree Development and managed and 

directed the gaming operation continuously until April 4,2005. 

On August 29,2001, the Tribe and OME entered into a Gaming Management Agreement. 

Under this agreement, OME~ exercises broad managerial authority over all aspects of the 

Quapaw Casino. 

On December 2 1,2002, the Quapaw Tribal Business Committee passed Resolution No. 

1221 02 C, authorizing "the Tribal Chairman to establish or direct to be established a 

corporation under the color of Quapaw law to interact with and manage Oklahoma 

Management's management of the Quapaw Casino and RV Park." On June 21,2003, the 

Quapaw Gaming Corporation ("QGC") was established and chartered as a tribal 

corporation solely owned by the Quapaw Tribe of Oklahoma. 

On June 26,2003, the QGC and OME modified the Gaming Management Agreement. 

Such agreement also provided OME with broad managerial authority. The June 26 

Gaming Management Agreement states that "the QGC is a corporation wholly owned by 

the Tribe and formed under the business and corporate laws of the Tribe on January 18, 

2003 whereby the Tribe delegated to the QGC the authority to interface on the Tribe's 

behalf with any gaming management contractor who seeks to operate the Quapaw Casino 

and RV Park." 

Since at least August 29,2001, the Tribe, QGC, and Dunn, OME, andlor Native 

American Enterprises have been operating with the understanding that they were 

following the initial and subsequent gaming management agreements until April 4,2005. 

Nonetheless, even if the parties did not follow these agreements to the letter, from 

approximately January 20,2001 through April 4,2005, Dunn, OME, andlor Native 

American Enterprises managed and operated the Quapaw Casino. 

3 OME includes the actions of its President and Secretary, Marc Dunn, and the actions of its shareholder, Native 

American Enterprises. 

4 
On April 10,2002, the initial Gaming Management Agreement between the Tribe and 

OME, dated August 29,2001, was submitted to the NIGC for review. The Tribe, Dunn, 

and OME were advised in writing of the deficiencies in their submission on April 26, 

2002, August 21,2002, and January 24,2003. Further, they were advised that 

management contracts that have not been approved by the Chairman of the NIGC are 

void and no action should be taken under the agreement until it is approved. On July 15, 

2003, the NIGC received a revised Gaming Management Agreement between the QGC 

and OME for its review. By letter dated July 31,2003, the Tribe, QGC, Dunn, and OME 

were advised of the deficiencies in their second submission. In such correspondence, 

they were once again informed that a gaming management contract that has not been 

approved by the Chairman is void and no action shall be taken under it. On August 27, 

2003, additional information and documentation was submitted to the MGC in support of 

the management contract submission. 

On or about May of 2003, the Enforcement Division of the NIGC initiated a managing 

without an approved contract investigation as to the Quapaw Casino. On September 5, 

2003, the Chairman of the Quapaw Tribe was informed that the Contracts Division of the 

NIGC would not proceed with its review of the management contract submission until 

the Enforcement Division of the NIGC completed its in~esti~ation.~ 

The Gaming Management Contract between the QGC and OME has never been approved 

by the Chairman of the NIGC. Nor was the initial Gaming Management Contract, dated 

August 29,2001, between the Tribe and OME approved by the Chairman. Despite this 

fact, Dunn, OME, andfor Native American Enterprises operated gaming at the Quapaw 

Casino without obtaining approvals necessary to fulfill the provisions of the IGRA and 

the requirements set forth in NIGC regulations. Accordingly, Dunn, OME, andlor Native 

American Enterprises unlawhlly managed a gaming facility on Indian lands. 

3. Authority: Under IGRA and NIGC regulations, the 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 U.S.C. $ 2713; 25 C.F.R. § 573.3. 

4. Applicable Federal laws and regulations: 

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. 5 271 1. 

B. NIGC regulations reiterate this requirement, mandating 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 

4 The Contracts Division would not proceed with its review of the management contract until the Enforcement 

Division concluded its investigation because managing without an approved contract impacts a manager's suitability 

determination by the Chairman. See 25 U.S.C. 4 271 l(eX1XD); 25 C.F.R. $533.6(b)(v) and (c). 

5 
C.F.R. tj 533.1. Management contracts become effective upon approval 

by the Chairman. 25 C.F.R. 5 533.1 (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. 5 

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 are void. 

25 C.F.R. $ 533.7. 

D. Subject to the approval of the Chairman, a management contractor may 

assign its rights under a management contract to the extent permitted by 

the contract. 25 C.F.R. 535.2. A tribe or management contractor shall 

submit such assignment to the Chairman upon execution. Id. 

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

management contractor to operate a gaming operation without an 

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

F. The Chairman has the 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). 

G. NIGC regulations reiterate the authority of the Chairman to levy and 

collect civil fines. Specifically, the regulation states "[tlhe Chairman may 

assess a civil fine, not to exceed $25,000 per violation, against a tribe, 

management contractor, or individual operating Indian gaming for each 

notice of violation issued." 25 C.F.R. 5 575.4. Moreover, "[ilf 

noncompliance continues for more than one day, the Chairman may treat 

each daily illegal act or omission as a separate violation." Id. at (a)(2). 

5. Role of Approval of Management Contracts: Operation of the Quapaw Casino & R.V. 

Park by Dunn, OME, andlor Native American Enterprises without a management 

contract approved by the Chairman threatens the NIGC's ability to achieve its 

Congressionally mandated goals of shielding the Tribe fiom organized crime and other 

corrupting influences; ensuring that the Tribe is the primary beneficiary of the gaming 

operation; and ensuring that gaming is conducted fairly and honestly by both the operator 

and players. See 25 U.S.C. 5 2702(2). 

6. Respondents violated IGRA and NIGC regulations in the following manner: 
Operation of the Quapaw Casino & R.V. Park by Dunn, OME, andlor Native American 

Enterprises from January 20,2001 through April 4,2005 failed to satisfy the 

requirements of IGRA and MGC regulations. 

IGRA and NIGC regulations mandate that a tribe or the management contractor obtain 

the approval of the Chairman of the NIGC to enter into a management contract for the 

operation and management of its gaming operation. 25 U.S.C. 9 271 1; 25 C.F.R. $9 

533.1 and 533.2. Management contracts become effective upon approval by the 

Chairman. 25 C.F.R. 5 533.1(a). And, management contracts that have not been 

approved by the Chairman are void. 25 C.F.R. 5 533.7. Further, 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 are void. 25 C.F.R. 9 533.7. 

On February 19,2000, the Tribe entered into a gaming management contract with Wolf 

Tree Development Company, Inc. This gaming management contract was never 

submitted to the NIGC for its review nor did the Chairman of the NIGC approve this 

contract. 

On January 20,2001, Oklahoma Management Enterprises, Inc. ("OME") purchased all 

the outstanding shares of Wolf Tree Development Company, Inc. This purchase resulted 

in Native American Enterprises, the one hundred percent (1 00%) shareholder of OME, 

also in effect owning all the shares of Wolf Tree Development Company, Inc. Thus, 

OME, and, in effect, Native American ~nterprises', took over the management of the 

operations of the Quapaw Casino and R.V. Park, having purchased the right to manage 

the casino from Wolf Tree Development Company. In so doing, the Tribe and OME 

violated NIGC regulations by failing to obtain the Chairman's approval of the 

management contract and approval of the change in the persons with a financial interest 

in the contract and management responsibility for the contract. See 25 C.F.R. 5 533.7. 

NIGC regulations further direct that all management contracts must be submitted to the 

NIGC for review upon their execution. 25 C.F.R. 533.2. On August 29,2001, the Tribe 

and OME entered into a Gaming Management Agreement. Under this agreement, OME~ 

exercised broad managerial authority over all aspects of the Quapaw Casino. OME 

violated this regulation by failing to submit the contract on or near August 29,2001. In 

fact, the agreement was not submitted for review to the NIGC until April 10,2002. 

Subsequently, the Quapaw Gaming Corporation ("QGC") and OME modified the 

Gaming Management Agreement on June 26,2003. This agreement also provided OME 

* Marc Dunn is the President of both OME and Native American Enterprises. 

6 OME includes the actions of its President and Secretary, Marc Dunn, in his official and individual capacity; the 

actions of its shareholder, Native American Enterprises; and the actions of Native American Enterprises' President 

and Director, Marc Dunn, in his official and individual capacity. In essence, Marc Dunn was doing business as 

OME andlor Native American Enterprises. 
broad management authority. From August 29,2001, the Tribe, QGC, and Dunn, OME, 

andlor Native American Enterprises operated with the understanding that they were 

following the initial and subsequent gaming management agreements until April 4,2005. 

Both of these agreements were never approved by the Chairman of the NIGC. 

Consequently, by acting pursuant to these unapproved management agreements, QGC, 

Dunn, OME, and/or Native American Enterprises violated IGRA, 25 U.S.C. $271 1, and 

NIGC regulations, 25 C.F.R. $ 533. 

It is a substantial violation of IGRA for a management contractor to operate a gaming 

operation without an approved contract. See 25 C.F.R. 5 573.6(a)(7). On or about 

January 20,2001, Dunn, OME, and/or Native American Enterprises took over operations 

of the Quapaw Casino from Wolf Tree Development Company. In fact, OME was 

"doing business as" the Quapaw Casino. Thus, even if the parties were not following the 

terms of the unapproved management contracts, Dunn, OME, and Native American 

Enterprises managed and operated the Quapaw Casino from January 20,2001 through 

April 4,2005 in the absence of a management contract approved by the Chairman of the 

NIGC.' Accordingly, Dunn, OME, and/or Native American Enterprises unlawhlly 

managed a gaming facility on Indian lands. The Respondents are therefore in violation of 

IGRA, 25 U.S.C. 5 271 1, and NIGC regulations, 25 C.F.R. 5 533. 

7. To correct this violation: 

There is no cure for this violation, as the Quapaw Tribe on or about April 5,2005 

directed Dunn, OME, andfor Native American Enterprises to cease managing and 

operating the Quapaw Casino. Moreover, the Tribe committed that from April 1 1,2005 

forward the Tribe, QGC, and/or 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, and any entity in any way associated with Dunn. 

8. Appeal. 

Within thirty (30) days after service of this Notice of Violation, 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, Ninth Floor, Washington, DC 20005. Respondents have the right to assistance of 

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

7 The Quapaw Tribe admitted that Marc E. Dunn, OME, and Native American Enterprises assumed management of 

the Quapaw Casino on January 20,2001. See Stipulated Notice of Violation and Agreed Civil Fine Assessment, 

dated April 1 1,2005, fl2 and 6. The Tribe further admitted that the parties acted pursuant to the August 29,2001 

and June 26,2003 management agreements, which formalized the arrangement whereby Dunn, OME andlor Native 

American Enterprises managed the casino, and that such agreements were not approved by the Chairman of the 

NIGC. The Tribe severed all business ties with Dunn, OME, and Native American Enterprises before April 8, 

2005. Id. 7 9(A). 

8 
Within ten (1 0) days after filing a notice of appeal, Respondents must file with the 

Commission supplemental statements that state 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, 

Respondents must include a request to do so with each 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 their right to an oral hearing and instead 

elect to have the matter determined by the Commission solely on the basis of written 

submissions. 

9. 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. 575.5(a), 

Respondents 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 the 

Chairman of the Commission may grant for good cause). The Chairman shall consider 

any information submitted in determining the facts 

amount of the civil fine, if any. 

National Indian Gaming Commission 

Wnior Attorney w 
Certificate of Service 

I certify that this Notice of Violation was sent by FedEx this 19th day of January 2006 to: 

Marc E. Dunn 

555 West Southern Hills Rd. 

Phoenix, Arizona 85023 

Marc E. Dunn 

President 

Oklahoma Management Enterprises, Inc. 

1006 W. Adams Street 

Phoenix, Arizona 85007 

Marc E. Dunn 

President 

Oklahoma Management Enterprises, Inc. 

1 1 1 1 Brickyard Road #204 

Salt Lake City, Utah 84106 

Marc E. Dunn 

President 

Native American Enterprises & Resource Management, Inc. 

1006 W. Adams Street 

Phoenix, Arizona 85007 

WAS, Inc. 

Arizona Statutory Agent for Oklahoma Management Enterprises, Inc.; Native American 

Enterprises & Resource Management, Inc.; Hybrid Enterprises, L.L.P; S S E & L, Inc.; & 

Stratus Properties, L.L.C.. 

4201 N. 2 1' Street 

Suite 100 

Phoenix, Arizona 8501 6 

Oklahoma Secretary of State 

Oklahoma Registered Agent for Oklahoma Management Enterprises, Inc. 

2300 N. Lincoln Blvd. 

Suite 101 

Oklahoma City, Oklahoma 73 105 

Corporation Service Company 

Oklahoma Registered Agent for Right Source Marketing, L.L.C. 

1 15 SW ~9'~ Street 

Oklahoma City, Oklahoma 73 139 
Marc E. Dunn 

President 

S.S.E. & L, Inc. 

1006 W. Adams Street 

Phoenix, Arizona 85007 

Marc E. Dunn 

President 

Dunn Plastering & Stucco, Inc. 

1006 W. Adams Street 

Phoenix, Arizona 85007 

Marc E. Dunn 

President 

Wolf Tree Development Company, Inc. 

1 006 W. Adams Street 

Phoenix, Arizona 85007 

Marc E. Dunn 

Hybrid Enterprises, LLP 

1707 E. Highland Avenue 

#I90 

Phoenix, AZ 85016 

Marc E. Dunn 

Right Source Marketing, LLC 

1707 E. Highland Avenue 

#I90 

Phoenix, AZ 85016 

Marc E. Dunn 

Stratus Properties, LLC 

1707 E. Highland Avenue 

#I90 

Phoenix, AZ 85016 
Darrin C. Jeffi-ies 

Gregory W. MacNabb 

Plattner, Schneidman & Schneider, P.C. 

4201 North 24'h Street, Suite 100 

Phoenix, AZ 0501 6 

(Counsel for Marc E. Dunn and Oklahoma Management Enterprises, Inc.)