SETTLEMENT AGREEMENT # 12-1 

This Settlement Agreement ("Agreement") is entered into by and between The Titan 

Agency, L.L.C., Mercury Gaming Group LLC, Anthony DeMartino, Jr., Michael Gavenchak, 

and Douglas Pattison and the Chairwoman of theNationa1 Indian Gaming Commission ("NIGC 

Chair" or "Chairwoman"), relating to the matters contained in the NIGC Chairwoman's Notice 

of ViolationNo. NOV-12-1. 

RECITALS 

1. Whereas, the Indian Gaming Regulatory Act, 25 U.S.C. 4 2701 et seq. ('TGRA"), 

authorizes the NIGC Chairwoman to issue civil fines for violations of the IGRq National 

Indian Gaming Commission ("NIGC") regulations, or tribal regulations, ordinances, or 

resolutions approved by the NIGC Chairwoman under 25 U.S.C. $5 2710, 2712. 25 

U.S.C. 3 2713(a)(1). 

2. Whereas, under the regulations of the NIGC, 25 C.F.R. $ 573.3(a), the NIGC 

Chairwoman may issue a Notice of Violation ("NOV") to any person for violations of 

any provision of the IGRA, MGC regulations, or any provision of a tribal gaming 

ordinance or resolution approved by theChairwornan. ,. .. . , .; . ... .. . , : .:,, " ' 

.. , . .. . . .. . . . .. . . , . . : . 

3. Whereas, under NIGC regulation, 25 C.F.R. 5 573:6(a)(7), it is a substantial vio1ation:of 

IGRA for amthird party to ,manage all or part ofan Indian gaming operation with0ut.a 

contract approved by the NIGC Chair. 

4. Whereas, on August 22, 2012, the MGC Chairwoman issued NOV-12-1 alleging that 

The Titan Network LLC ("Titan"), Mercury Gaming Group LLC ("Mercury"), Michael 

Gavenchak, Anthony DeMartino and Douglas Pattison, managed the Thlopthlocw Tribal 

Town's (Tribe) gaming facility, known as the Golden Pony Casino (Gaming Facility"), 

&om on or about September 6, 2005 to and includmg December 31, 2010, without a 

management contract approved by the NIGC Chair Titan, Mercq, Gavenchak, 

DeMartino and Pattison deny same. 

5. Whereas, Titan, Mercury; Michael Gavenchak, Anthony DeMartino, Douglas Pattison 

and them Chairwoman desire to resolve this matter without undertaking the burdens, 

costs, risks and uncertainties associated with formal administrative and judicial 

proceedings. ..~ . . 

6. Therefore, base& on the above Bnd foregoing as well as the ten& set. out, herein and 

below, the NIGC Chairwoman and Titan,: Mercuryj ,Michael Gavenchak, Anthony 

DeMmtino and Douglas Pattison have agreed to execute this Agreement and perform in 

accordance with the following .covenants and. conditions: . . . . . ... . . . . 
TERMS OF SETTLEMENT 

7. This Agreement is entered into by Titan, Mercury, Michael Gavenchak, Anthony 

DeMartino and Douglas Pattison and the MGC Chairwoman pursuant to 25 C.F.R. 

5 584.10 and shall be effective upon execution by the parties ("Effective Dote"). 

8. Titan, Mercury, Michael Gavenchak, Anthony DeMartino and Douglas Pattison agree 

that the NIGC possesses jurisdiction over this action, and that them Chairwoman has 

authority to levy and collect civil fines for such violations. 25 U.S.C. $2713(a). Neither 

this Agreement nor its terms may be construed as an admission of liability, responsibility 

or violation by the respondents. The allegations remain specifically denied. 

9. Titan, Mercury, Michael Gavenchak, and Anthony DeMhno agree that they will never 

contract or agree to do business with an Indian gaming operation, either in their 

individual capacity or as an owner or part owner or partner or shareholder, whether silent 

or otherwise, of any company, corporation, LLC, partnership, or any other entity. 

Prohibited activities include, but are 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 marketing, development or 

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

leasing anythtng to an Indian gaming operation. 

10. Douglas Pattison agrees that he shall not contract or agree to do business in the Indian 

gaming industry for a period of two (2) years, such period commenced on October 7, 

201 1 and ending on October 6,2013. During the period identified herein, Douglas 

Pattison agrees that he will not conduct any business whatsoever with any Indian gaming 

operation, either in his individual capacity or as an owner or part owner or partner or 

shareholder, whether silent or otherwise, of any company, corporation, LLC, partnership, 

or any other 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 marketing, 

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

operation; or leasing anything to an Indian gaming operation 

11. Douglas Pattison fuaher agrees to report quarterly in writing to the NIGC all contacts 

(whether verbal, electronic, or in writing), that he has either personally, or as an owner or 

part owner or pama or shareholder, whether silent or otherwise, of any company, 

corporation, LLC, partnership, or any other entity, with any Indian Tribe regarding 

employment, consulting, development, financing, equipment leasing or any other 

business involvement in tribal gaming operations for a period of two (2) years starting 

October 7,2013. 

12. IfDouglas Pattison, either personally, or as an owner or part owner or partner or 

shareholder, whether silent or otherwise, of any company, corporation, LLC, partnership, 
or any other entity, contracts with or otherwise enters into any working relationship or 

agreement that involves gaming activity with any Indian Tribe, he shall advise the MGC, 

withim thirty (30) days of the starting date of such employment or agreement or working 

relationship, in writing of the nature of ~e employment, agreement, or relationship 

and shall submit to the NIGC all employment, consulting, development, finance, 

equipment lease or other agreements which were entered into with the Tribe or any of its 

entities or any of its management contractors. Mr. Pattison agrees that this requirement 

shall apply for a period of two (2) years starting October 7,2013. 

13. Titan, Merciuy, Michael Gavenchak, Anthony DeMartino and Douglas Pattison agree to 

a collective civil fine in the amount of Five Hundred Thousand Dollars ($500,000.00). 

Two Hundred Thousand Dollars ($200,000) shall be made payable to the U. S. 

Department of Treasury and received by the NIGC within 180 days of the date ofthis 

Agreement. The remaining Three Hundred Thousand Dollars ($300,000) shall be stayed 

pending full compliance with the terms ofthis Agreement. 

14. Titan, Mercury, Michael Gavenchak, Anthony Dehktino and Douglas Pattison further 

agree that this Agreement hlly resolves their appeal ofNOV 12-1. 

15. Titan, Mercuv, Michael Gavenchak, Anthony DeMartino, and Douglas Pattison are 

aware of their rights to: 

A Submit written information about the violation to the Chairwoman prior to 

issuance of a civil fme assessment by the Chairwoman and to have at least 

fifteen (15) days after the issuance of a notice of violation to do so under 

25 C.F.R 5 575.5; 

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

584 or 585; 

C. A hearing to contest the matter under 25 C.F.R. Part 584; 

D. Request areduction or waiver of a civil fine under 25 C.F.R. 5 575.6; and 

E. Seek judicial review of any fmal determination by the full Commission 

pursuant to 25 U.S.C. $2714. 

16. In exchange for the terms, condition% and understandings set forth herein, Titan, 

Mercury, Michael Gavenchak, Anthony DeMartino and Douglas Pattison hereby waive 

thc rights specified in SectionFifleen (15) of this Agreement and any other right to seek 

judicial review or otherwise challenge or contest the Chairwoman's actions under this 

Agreement, including the right to have the Chaiioman provide her written analysis of 

the factors to be considered in assessing a civil fine set forth under 25 C.F.R. 5 575.4. 

17. Atter the Effective Date, the NIGC shall inform the Presiding Official that the parties 

have entered a settlement agreement and shall transmit a copy of the Agreement to the 

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

dismiss the administrative appeal. Titan, Mercury, Michael Gavenchak, Anthony 
DeMartino and Douglas Pattison consent to the Motion to Certify the Settlement 

Agreement and the NIGC may represent that such consent is given. 

18. The parties agree that the Presiding Official's certification of the Agreement shall 

constitute dismissal of the appenl and final agency action pursuant to 25 C.F.R. § 

584.10(d). 

19. The Chairwoman agrees that, upon execution of this Agreement, the NIGC shall not 

institute further proceedings or actions or assess any additional sanctions against Titan, 

Mercury, Michael Gavenchak, Anthony DeMartino and Douglas Pattison for actions or 

omissions arising out of, or related to, the subject matter of NOV 12-1 and occurring 

prior to the Effective Date; provided that, if Titan, Mercury, Michael Gavenchak, 

Anthony DeMartino or Douglas Pattison fail to comply with any term or condition of this 

Agreement, each agrees that the stayed portion of the civil fine imposed in Section 

Fourteen (14) of this Agreement shall become fully due and payable on the date of the 

breach ofthis Agreement. In such circumstance, the NIGC shall issue awritten notice to 

Titan, Mercwy, Michael Gavenchak, Anthony DeMartino and/or Douglas Pattison in 

accordance with 25 C.F.R. 5 513.4. NIW regulation, 25 C.F.R. 3 513.6, will govern any 

request by Titan, Mercury, Michael Gavenchak, Anthony DeMartino andlor Douglas 

Pattison forthe Commission to reconsider the debt. 

ADDJTIONAL COVENANTS 

20. This Agreement constitutes the entire agreement between the NIGC Chairwoman and 

Titan, Mercury, Michael Gavenchak, Anthony Debfartino and Douglas Pattison relating 

to the enforcement action set forth above, and supersedes aU prior verbal or written 

agreements and understandings between the parties related to the subject matter hereof. 

No manties, representations, covenatas, or agreements shall be binding upon any party 

except as set forth herein. Any modification or waiver of any term of this Agreement 

must be in writing and signed by all the parties. 

21. The Parties agree and understand that this Agreement is intended to apply only to those 

gaming entities under the jurisdiction of the NIGC pursuant to the IGU 

22. Titan, Mercury, Michael Gavenchak, Anthony DeMartino and Douglas Pattison agree 

that this Agreement shall be deemed to be the subject of a final order of the NIGC under 

25 C.F.R. 5 575.4(c)(l) and a final agency action pursuant to 25 C.F.R 5 584.10(d). 

23. The NIGC Chairwoman and Titan, Mercury, Michael Gavenchak, Anthony DeMartino 

and Douglas Pattison expressly agree and acknowledge that time is of the essence in this 

Agreement. The recitals herein and above set shall be binding upon the parties, their 

agents, heirs, personal representatives, successors and assigns. 

24. Titan, Mercury, Michael Gavenchak, Anthony DeMartino and Douglas Pattison agree 

that, aRer tile Effective Date, this Agreement shall be a public document and may be 

published or disclosed by either party. 
25. This Agreement may be executed on one or Inore counterparts and each shall constit~rte no 

original. A signatrue pruduced by facsimile shall be deemed to be m original signature 

and shall be eflective and binding for purpose of the Agreement. 

Date: 

I 

By: Date: 

[ADD NAME] for Mercury 

By: / Date: 

By: Date: T//T//s 

Anthony ~ebdrtino 

By: Date: 

Douglas Pattison 

By: Date: 

Tracie L. Stevens, Chainvoinan 

National Indian darning Comu~ission 
25. This Agreement may be executed on one or more counterparts and each shall constitute an 

original. A signature produced by facsimiie shall be deemed to be an original signature 

and shall be effective and biding for purpose of the Agreement. 

By: Date: 

[ADD NAME] for Titan 

Jy: Date: 

L [ADD NMNr Mercury 

By: Date: 

Michael Gavenchak 

By: Date: 

Anthony DeMartino 

*Y. Date: 

Douglas Pattison 

By: Date: 

Tracie L. Stevens, Chairwoman 

9h4 //3 

National Indian Gaming Commission