NOTICE OF VIOLATION 

TO: George Scott, Town IGng 

Thlopthlocco Tribal Town 

PO Box 188 

Clearview Road 

Oltemah, Oklahoma 74859 

Alan Scott, Tribal Gaming Commission Chairman 

Thlopthlocco Tribal Town 

P.O. Box 188 

Okeinah, Oklahoma 74859 

S & H Atlanta, LLC, Agent for Service 

Mercury Gaming Group, LLC 

3348 Peachtree Road, NE 

Suite 900 

Atlanta, GA 30328 

Michael R. Gavenchak, Agent for Service 

The Titan Network, LLC 

303 Peachtree Street NE 

2800 Suntrust Plaza 

Atlanta, GA. 30308 

Michael R. Gavenchak 

325 Crooked Stick Drive 

Alpharetta, GA 30004 

Anthony DeMartino Jr. 

410 Park Creek Way 

Alpharetta, GA 30022 

Douglas Philip Pattison 

3410 Galt Ocean Dr #1503N 

Ft. Lauderdale. FL 33308 

Adelino J. Vazquez 

960 East Paces Ferry Road 

Atlanta, GA 30326 
A. Notification of Violatioli 

1. Notice of Violation - Titan Network, LLC, Mercury Gaming Group LLC, and Anthony 

DeMartino, Jr., Michael Gavenchak, Doug Patlison and Adelino Vazquez in their 

official and individ~tal capacities. 

The National Indian Gaming Commission Chairwoman gives notice that Titan Network, 

LLC and Mercury Gaming Group, LLC, located in Atlanta, Georgia, and Anthony 

DeMartino, Jr., Michael Gavenchak, Doug Pattison and Adelino (Lino) Vazquez 

(collectively referred to as Respondents) in their official and individual capacities managed 

the Thlopthlocco Tribal Town's (Tribe) Golden Pony Casino (Casino) located in Okemah, 

Oklahoma without an approved management contract in violation of the Indian Gaming 

Regulatory Act and NIGC regulations from September 6,2005 to December 31,2010. 25 

U.S.C. $5 2710(d)(9); 2711; 25 C.F.R. 5 573.6(a)(7). 

The NIGC Chairwoman further gives notice that Mercury, Anthony DeMartino, Jr. and 

Michael Gavenchak failed to submit the Management Agreement between the Tribe and 

Mercury to the NIGC within 60 days of its execution in violation of NIGC regulations. See 

25 C.F.R. 5 533.2. 

2. Notice of Violation - Thlopthlocco Tribal Town 

The NIGC Chairwoman - gives notice that the Tribe. with headauarters in Clearview. 

~klahoma,' permitted the Respondents to manage the Casino without an approved 

management contract in violation of IGRA and NIGC regulations from September 6,2005 

to ~ecember 31,2010. See 25 U.S.C. $5 2710(d)(9); 2711; 25 C.F.R. 5 573.6(a)(7). 

The NIGC Chair also gives notice that the Tribe failed to submit the Management 

Agreement between it and Mercury to the NIGC within 60 days of its execution in violation 

of NIGC regulations. See 25 C.F.R. 5 533.2. 

Under IGRA and NIGC regulations, the Chairwoman may issue a notice of violation to any 

person for violation of any provision of IGM, NIGC regulations, or any provision of a 

tribal gaming ordinance or resolution approved by the Chair. 25 U.S.C. 2713(a); 25 

C.F.R. 5 573.3(a). 

C. Applicable Federal and Tribal Laws 

1. Management and control of a gaming operation by an entity other than the Tribe 

without a management contract approved by the Chair violates IGM's Congressionally 

mandated policies of shielding the Tribe from organized crime and other corrupting 

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

' The Tribe receives mail in Okemah, Oklahoma 
influences; ensuring that the Tribe is the primary beneficiary of the gaining operation; 

and protecting such gaming as a ineans of generating tribal revenue. See 25 U.S.C. 

5 2702(2), (3). 

2. IGRA requires the NIGC Chair's approval of any management contract for the 

operation and management of class IS or class 111 gaming. 25 U.S.C. $5 271 l(a); 

2710(d)(9). 

3. NIGC regulations reinforce this requirement, mandating that "[s]ubject to the [Chair's] 

approval, an Indian tribe may enter into a inanagement contract for the operation of a 

class I1 or class I11 gaming activity." 25 C.F.R. 5 533.1. Management contracts 

become effective upon the Chair's approval. 25 C.F.R. 5 533.1(a). A tribe or a 

management contractor shall submit a management contract to the Chair for review 

within 60 days of execution by the parties. 25 C.F.R. 5 533.2. 

4. A management contract is defined by NIGC regulations as "any contract, subcontract, 

or collateral agreement between an Indian tribe and a contractor or between a contractor 

and a subcontractor if such contract or agreement provides for the management of all or 

part of a gaming operation." 25 C.F.R. 5 502.15. 

5. Management contracts that have not been approved by the Secretary of the Interior 01 

the Chair are void. 25 C.F.R. 5 533.7. 

6. NIGC regulations at 25 C.F.R. 5 502.19 define a "primary management official" as: 

(a) The person having management responsibility for a management contract; 

(b) Any person who has authority: 

(1) To hire and fire employees; or 

(2) To set up working policy for the gaming operation; or 

(c) The chief financial officer or other person who has financial management 

responsibility. 

(d) Any other person designated by the tribe as a primary management official. 

7. 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. 

§ 573.6(a)(7). 

8. The Chair has the authority to levy and collect civil fines, not to exceed $25,000 per 

violation per day, against the tribal operator of an Indian game or a management 

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

regulations. 25 U.S.C. $2713(a)(l). NIGC regulations further provide the Chair with 

authority to levy and collect civil fines. Specifically, "[the Chair] 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 [Chair] 

may treat each daily illegal act or oinission as a separate violation." Icl. at (a)(2); see 
accordance with . . . this part to determine whether a civil fine will be assessed, the 

amount of the fine, and, in the case of continuing violations, whether each daily act 01 

omission will be deemed a separate violation for purposes of the total civil fine . 

assessed."). 

9. Failure to comply with any provision of IGRA, NIGC regulations, or an approved tribal 

gaming ordinance is grounds for issuance of a notice of violation. 25 U.S.C. 8 2713; 25 

D. NIGC Guidance and Applicable Case Law 

1. The NIGC has issued guidance on what constitutes management for purposes of IGRA. 

Management encompasses activities such as planning, organizing, directing, 

coordinating, and controlling any aspect of the gaming activity. See NIGC Bulletin No. 

94-5. The performance of any one of theseactivities with respect to all or part of a 

gaming operation constitutes management. A parly is required to obtain the NIGC 

Chair's approval of a management contract before performing management activities at 

a gaming operation. Id. 

2. Management enlployees are "those who formulateand effectuate management policies 

by expressing and making operative the decision of their employer." N.L.R.B. v. Bell 

Aerospace Co., 416 U.S. 267,288 (1974). Whether particular employees are 

"managerial" is not controlled by the specific job title of the position held by the 

employee. Waldau v. M.S.P.B., 19 F.3d 1395 (Fed.Cir. 1994). Rather, the question 

must be answered in terms of the employee's actual job responsibilities, authority, and 

relationship to management. Id at 1399. An einployee can qualify as management if 

he actually has authority to.take discretionary actions - thus being a de jure manager - or 

if he recommends discretionary actions that are implemented by others possessing 

actual authority to control employer policy, thus being a de facto manager. Id, at 1399 

(citing N.L.R.B. v. Yeshiva, 444 U.S. 672,683 (1980)). 

3. Permitting a person or persons to directly manage operations of a casino transfers 

management responsibility to a third party in violation of the IGRA. See Wells Fargo 

Banlc v. Lake of the Torches Economic Development Corp., 658 F. 3d 684,698 (7th Cir. 

201 1). 

4. Control over the hiring of casino employees constitutes management activity under 

IGRA. Id. at 699. 

5. An operating lease that affords a third-party company the opportunity to "set up 

working policy" and to develop employment procedures for a tribal gaming operation 

constitutes a management conlract under IGRA. See First American Kiclcapoo 

Operations, LLC v. MultiMedin Games, 412 F 3d 1166, 1172 (10th Cir. 2005). 
E. Circumstances of the Violations 

Based on the totality of the circ~~mstances set forth below, Respondents managed the 

Tribe's Casino, both as de facto and de jure managers and the Tribe allowed such 

management, in substantial violation of IGRA and of NIGC regulations. See 25 U.S.C. 

$9 2711(a) and 2710(d)(9); 25 C.F.R. $$ 533.1 and 573.6(a)(7). In addition, the Tribe 

and Mercury and it's principals failed to submit the Management Agreement within 60 

days of its execution as required by NIGC regulations, 25 C.F.R. 5 533.2. 

F. Backwound 

The Parties and Other Key Participants 

The Tribe is a federally recognized Indian tribe. It owns and operates the Golden Pony 

Casino which is located on land placed in trust prior to October 17, 1988 in Okemal~, 

Oltlahoma. The Tribe has conducted gaming at this location since the early 1990s. 

The Tribe's governing body, the Business Committee ("BC"), is comprised of five 

elected officers: the Town King (also called the Meldto), two Warriors, a Treasurer, a 

Secretary, and five advisors who are appointed by the officers. George Scott, the Town 

King since October 2009, has been a BC member since October 2002. He servectas 

Acting Town ICng from approximately July 2005 until January 2007. He served as an 

advisor to the Business Committee following the January 2007 Tribal elections. He was 

appointed as Warrior on July 30,2007 when the position became vacant by the 

appointment of Vernon Yarholar as Town IGng. Ron Barnett was the Tribal 

Administrator from August 2004 until December 2006 and has been the Tribal 

Treasurer since January 2007. 

Titan incorporated on December 14,2000 as a limited liability company located in 

Atlanta, Georgia. Tony DeMarlino is the Chief Executive Officer and Michael 

Gavenchak is the President. 

Mercury is a casino management company organized on April 1,2005, by Titan 

executives DeMartino and Gavenchak, along with an experienced casino manager, 

Doug Pattison, who serves as its Chief Executive Olficer. Mercury is located at the 

same address as Titan. DeMartino stated that he and Gavenchak brought Pattison on 

because of his gaming management experience. Titan and Mercury have, as noted by 

the Tribe's auditing firm, "substantially the same members and owners." 

Adelino (Lino) Vazquez has, at various times, been employed by and negotiated 

business on behalf of, Titan and Mercury. A Vazquez business card describes him as 

Titan's "Director of External Affairs." Vazquez was listed on Mercury's website on 

July 22,201 1 as the "Director of Business Development." 
The Janzcnry 15,2005 Conszclting Agreement & related addenda 

On January 15,2005, Titan and the Tribe executed a Consulting Agreement for a six 

month term, with a starting date of January 1,2005; and with compensation to Titan at 

the rate of $15,000 per month. Under the January 15 Consulting Agreement, Titan was 

to complete a feasibility study within three months; a marketing and advertising 

recommendation within two months; a development analysis within four months; and to 

generally assist with human resources as needed. 

The January 15,2005 Consulting Agreement also provided that: 

Should Titan become aware of any other issues affecting the 

gaming facilities and operations, it may provide notice in writing 

or otherwise to management of the gaming facilities, the 

Thlopthlocco Tribal Town Gaming Commission and 

Thlopthlocco's Business Committee of the nature of the issue and 

any recommendations regarding the issue. 3 

On February 21,2005, Gavenchak wrote a letter to then Town Icing Lewis McGertt in 

which he referred to the relationship between Titan and the Tribe as a "partnership, the 

success of which was dependent on each partner achieving their respective milestones 

during the 90 day period." The letter outlined "90 day deliverables" that each party 

would achieve. 

One of the deliverables that Gavenchak outlined was for the Tribe to "approve and enter 

into a management agreement for the Okemah facility." On June 3,2005, the Tribe 

signed a Management Agreement with the recently incorporated Mercury 

On June 27,2005, Gavenchak wrote a follow-up letter to Town King McGertt in which 

he assessed the progress made in reaching the "milestones" outlined in his prior letter. 

He referred to the previous six months as a "consulting period" and stated he was "very 

excited about the Management Agreement between the [Tribe and Mercury]." He 

noted, however, that, "[als we work together over the next several months while the 

NIGC is reviewing the Management Agreement, there are still many things.. .to be 

accomplished." Those items included: 

[I]mprovements that are physicaUstnlctura1 in nature, 

logistical and staff related; 

2 Although the Consulting Agreement reflects a term starting January 1, 2005, the BC did not approve it until 

January 7, 2005 and it was not executed until January 15, 2005. At aJanuary 15,2005 BC meeting, a motion was 

passed to change the date of the Consulting Agreement to February 1,2005. The initial payment to Titan under the 

Consulting Agreement was made on January 18,2005. 

While standing alone, this provision may not he evidence of management, it does provide context for Respondents' 

actions. 

The pariies actions in entering into a Management Agreement evidence their intent that Mercury manage the 

Casino. 
a revised gaming floor plan and games selection 

recominendations and operating recommendations; 

advertising and promotions activities for the remainder of 

2005 and in summary foim for 2006; and 

a branding plan for the new name, an outdoor advertising 

plan, and a promotions program and schedule. 

Letter from Gavenchak to McGertt of 6127105 at 1-2. 

Gavenchak's letter included a June 28,2005 internal Titan nlemorandum addressed to 

himself, Lino Vazquez and Tony DeMartino from Mercury CEO Doug Pattison in 

which Pattison wrote, "[wle met again with [the tribal accountants] to review the most 

recent financial statement and noted several items of interest." These items included the 

need to adjust staffing levels, impose tighter controls on concession products, and renegotiate vendor commissions. Pattison added that "[wle began discussions to identify a 

new full service bank to better handle the current and future needs of the [Clasino." 

Enclosed with the memorandum were bank proposals that Pattison and Gavenchak, as 

Mercury representatives, had negotiated on behalf of the Tribe. Pattison advised that 

"[ilmmediate steps [must] be talcen to address the above observations." 

With the January 15,2005, Consulting Agreement set to expire in three days, 

Gavenchak expressed the need for Titan to have greater involvement in the casino: 

[tlhere are several critical initiatives in place that are required to insure [sic] the 

ultimate goals for the gaming facility.. .to effect these requirements, our team 

members will be spending substantially more time in the [Clasino, require 

greater access to systems and staff as well as the time of the [BC]. 

(Letter from Gavenchak to McGertt of 6127105 at 3) 

On July 22,2005, an NIGC Field Investigator5 met with Enus Wilson, the Casino 

General Manager, who expressed frustration that the Tribe was paying Titan for 

suggestions he had already made to the BC. He informed the Field Investigator that if 

the BC extended the January 15,2005 Consulting Agreement, he would resign. On July 

29,2005, an Addendum was executed extending the term, and on August 15,2005, 

Wilson resigned. 

The July 29,2005 Addendum extended the January 15,2005 Consulting Agreement 

"until the earlier of i) June 30, 2006, and [sic] ii) such time as the Gaming Facility 

Management Agreement between [the Tribe and Mercury] dated June 3,2005 is 

approved by the [NIGC] . . .." 

The Addendum also gradually increased Titan's monthly payment from $15,000 to 

$50,000, with the condition that "in the event that gaming revenues are less than 

The NIGC has recently changed the title of this position from Field Investigator to Compliance Officer. 
$500,000.00 in any calendar month after June 2005.. .Titan's compensation shall be 

reduced to $15,000.00 for said month." In this way, Titan's performance was tied to 

revenue such that the better Titan and the Casino perIormed, the more money Titan 

would make, a fundamental element of ma~~agement agreements. See NIGC Bulletin 

94-5 ("The presence of all or part of these activities in a contract with a tribe stroi~gly 

suggests that the contract or agreement is a management contract requiring Commission 

approval. Such activities or requirements with respect to the gaming operation include, 

but are not limited to, the following: . . . Compensation based on a percentage fee 

(performance) . . .."). 

Approximately six months later, a second Addendum was executed. This March 1, 2006 

Addendum set Titan's compensation at $50,000 per month and eliminated the link 

between compensation and gaming revenues. During an interview with NIGC 

personnel, Acting Town King George Scott explained that this change was made out of 

concern "that a performance type of contract ... would probably be considered a 

management contract." 

The February 22,2006 Addendum also extended the term of the January 15,2005 

Consulting Agreement by an additional year and eliminated the reference to bridging 

the Consulting Agreement to the June 3,2005 Mercury Management Agreement. This 

particular modification had no real effect, however, because neither the Tribe nor 

Mercury had yet submitted the Mercury Management Agreement to the NIGC for 

review and approval. Therefore, there was no possibility that it could be approved. 

NIGC Office of General Counsel Reviews January 15,2005 Consulting Agreement and 

Addenda 

On July 31,2006, theNIGC Office of General Counsel wrote to the Tribe, Titan, and 

Mercury expressing concem that "Titan [was] exerting management over the [Casino]." 

This concem was based on a review of monthly reports detailing Titan's work at the 

Casino from August, September, and October of 2005, as well as copies of the January 

15,2005 Consulting Agreement, and the July 29,2005 and Febn~ary 22,2006 addenda. 

The NIGC OGC letter opined that the terms of the Consulting Agreement - its lengthy 

period and broad scope - were indications of a management relationship. It also noted 

that, based on information in Titan's monthly reports, it appeared that: 

Titan is planning and coordinating fundamental aspects of the 

Tribe's gaming facility and is therefore a de facto manager, 

because [Titan] possesses the ability to develop policies and 

procedures and recommends action that is then implemented by 

others possessing actual authority. 

The letter recommended that, "the parties immediately reassess their relationship and 

advise us of what action, if any, they will be taking to alleviate our concerns." 
The Tribe responded on August 18,2006, and, while not denying the factual bases for 

the NIGC OGC's concerns, asserted that "Titan has not engaged in any mailagemeilt 

activities under its Consulting Agreement with the [Tribey because Titan's activities 

were limited to presenting recommendatioils (or identifying options) and had no 

decision-making authority. 

The Tribe also pledged that it would soon make the Management Agreement available 

to the NIGC for its review and approval and added that, in the future, it would: 

review the activities of Titan under the Consulting Agreement and 

establish a more effective conlmunication process between Titan and the 

[BC]. The coininunication process will clearly demonstrate that Titan 

acts only when requested to do so by the [BC], that Titan responds to 

[BC] requests with written proposals and/or recommendations, and that 

the [BC] acts affirmatively in either accepting or rejecting the proposals 

brought by Titan at the BC's request. 

In separate letters, Mercury and Titan both concurred with the Tribe's position. (Letter 

fiom Pattison to Dittler of 8/21/06) and (Letter from Gavenchak to Dittler of 8/22/06). 

A review of Titan's monthly reports and other evidence establish that the parties did not 

establish a communication process that would demonstrate the relationship was merely 

a consulting one. In fact, the evidence shows the opposite: that Titan/Meikry oped; 

managed the Tribe's Casino and did not recommend so much as decide what needed to 

be done and then do it. 

On September 24,2006, over one year after it was executed, the Tribe sent a copy of the 

Mercury Management Agreement to the NIGC for its review. 

On October 4, 2006, the NIGC OGC sent a letter to all parties reiterating the coilcerns 

expressed in the July 31,2006 letter and informing them that the matter had been 

"referred to the Directors of the Divisions of Enforcement and Contracts for purposes of 

monitoring." 

On December 27,2007, the Tribe and Titan signed anew Consulting Agreement for a 

term of four years, with compensation at $50,000 a month, including all travel and outof-pocket expenses. While the language of this Consulting Agreement was similar in 

many respects to the January 15,2005 Consulting Agreement, it was different in one 

important respect: it el~minated references to fixed time periods for achieving discrete 

goals. For instance, the marketing analysis, which in the January 15, 2005 Consulting 

Agreement was to be completed within two months, was now open-ended. 

Wit11 respect to the out-of-pocltet expenses, beginning in January 2008 and through 

June 1, 201 1, Titan consistently invoiced the Tribe for expenses in the amount of 

$3,340 per month. This mqnthly amount is just shy of the $3,500 expense amount 

identified in the Consulting Agreement as requiring tribal pre-approval. The NIGC has 

obtained documentation showing that when Vazquez incurred travel-related out-of- 
pocket expenses, such expenses were reiinbursed by Titan, which in turn invoiced the 

Tribe separately from the $3,340 amount and was reimbursed by the Tribe. Former 

Casino CEO Dillon Byrd stated to the NIGC that in his opinion, TitadMercury's travel 

related expenses should be paid from Titan's consulting fee and not be paid by the Tribe 

as a separate expense. 

Over the next several years, the Tribe did not follow tluough on its commitment to 

"establish a more effective communication process between Titan and the BC." 

Virtually no catalog of Titan recommendations was kept and there is no documentation 

showing specifically what Titan recommended, to whom, when, how it was considered 

or whether it was accepted or implemented. In fact, the BC made very few attempts to 

conduct oversight over TitantMercury and, in general, was merely updated at monthly 

BC meetings by TitadMercury about its Casino management activities as reflected in 

Titan monthly reports. As Doug Pattison explained to BC members at a March 6, 2007 

meeting, "you pick the time and we'll be there and just explain what we've done the past 

month and what's going on." At the sane meeting Pattison also stated "normally we 

come in and we really talk more short term we talk about how did last month go, and 

what we plan on doing in the next month or two months'' See March 6,2007 audiotape 

of Business Committee meeting. 

Although Acting Town King George Scott and Tribal Treas~trer Ron Barnett both told 

NIGC representatives that most of the recommendations made by Titan were not 

documented because they were oral and typically made in a casual, informal way 

throughout any given day, their statements conflict with Pattison's statement as well as 

the monthly reports prepared by the Respondents. 

Lastly, the NIGC requested that the Tribe and the Respondents produce all email 

comnlunications between their respective personnel. An examination of what was 

produced did not reveal any communications showing recommendations made by 

Respondents and approval by the BC prior to implementation. 

In 2011, in lieu of providing the NIGC documentation showing the implementation of 

the "more effective communication process," the Tribe advised the NIGC that, "[tlhe 

recommendations made by Titan are generally contained in the monthly reports. Casino 

management (general manager, marketing, etc.) would generally decide whether to 

follow the recommendations." 

As set forth below, TitadMercury's constant and wide-ranging "recommendations" 

constituted management. The extent and the consistency with which Casino personnel 

followed these "recommendations" demonstrate Respondents' actual control over 

Casino operations and management decisions relating to hiring, firing, and coordinating 

and planning other Casino activities and policies. Interviews with former Casino 

General Managers and a former Promotions Manager further demonstrate Respondents' 

de facto and de jure management of the Casino. 
G: Summary of Violation 

Based on a thorough review of the record before me, I conclude that Merc~lry, 

Mercury's representatives, and tlie Tribe violated tlie IGRA and NIGC regulations by 

failing to timely submit to the NIGC the Management Agreement executed between 

them on June 3, 2005, and that Respondents and the Tribe violated the IGRA and NIGC 

regulations by Respondent's de facto and de jure management of the Casino without an 

NIGC approved management contract; Respondent's de facto aiid'de jure management 

of the hiring and firing of Casino managers and control over job changes; 

Titan/Mercury, Pattison and Vazquez's de jure management of Casino marketing and 

advertising; Respondent's de jure management of the Casino's contrach~al 

relationships with gaming machine vendors; and TitanMercury and Pattison's cle facto 

management of the Casino's budget. 

Untimely submission ofManapement Contract 

NIGC regulations provide that a tribe or a management contractor shall submit a 

management contract to the Chair for review within 60 days of execution by the parties. 

25 C.F.R. 533.2. On June 3,2005, the Tribe and Mercury executed a Management 

Agreement for the Casino. On September 29, 2006, over one year after it was executed, 

the Tribe submitted a copy of the Mercury Management Agreement to the NIGC for its 

review. Because neither Mercury, Tony DiMartino, Michael Gavenchak nor the Tribe 

timely submitted the Management Agreement, all are in violation of NIGC regdations. 

25 C.F.R. 5 533.2. 

Respondents' de facto and de iure management of the Casino without an NIGC 

approved manaEernent contract 

IGRA and NIGC regulations prohibit the management of any part of an Indian gaming 

operation by a third party without benefit of an NIGC approved management contract. 

25 U.S.C. 

5s 2710 (d)(9) and 271 1, and 25 C.F.R. 5 573.6(a). Respondents exerted management 

control and decision-making authority over the hiring and firing of Casino management, 

a management function, from September 2005 to October 2010, without an NIGC 

approved management contract. Furthermore, the Tribe allowed Respondents to exert 

such control in violation of IGRA and NIGC regulations. 

Following Wilson's departure on August 15,2005 the Casino operated for several 

weeks without a General Manager. On September 9,2005, Assistant General Manager 

Darin Price was promoted briefly to Acting General Manager, and then promoted to 

General Manager on September 22,2005. During this time, a TitanIMercury staffer 

was on-site approximately 70% of the time that the Casino was open. On October 11, 

2005, only 19 days after Price was promoted to General Manager, he was replaced by 

Joe Cavilla. 
Acting Town King George Scott and Tribal Administrator Ron Bamett acknowledged 

their reliance on Titail's expertise to nln the Casino during this time of transition. As 

Bainett stated, Vazquez was so often on-site at the Casino, operating out of office space 

lie shared with Bamett and the Acting Town Icing, because the Tribe needed him to 

implement the Titan recommei~dations. Implementatioil of recomlnendatioils is a 

maiiageinent function. 

Following Wilson's departure, the Tribe requested Titan assist in identifying someone 

for the position. Mercury CEO Doug Pattisoil recommended Joe Cavilla, a fonner 

employee of Doug Pattison. No other prospective General Managers were iiiterviewed 

or presented to the BC. The job opening was not advertised. On October 11, 2005, the 

BC hired Joe Cavilla as the new General Manager. Cavilla was terminated on August 

13,2006, shortly after the OGC letter expressing concern was sent to the Tribe and 

Titanh4ercury. 

In approximately August 2006, Darin Price was again promoted to Casino General 

Manager. Price voiced his complaints to others at tlie Casino that Titan was "doublebilling" the Tribe. Price was fired between late April and mid-May, 2008. 

Carl Noon was promoted to the Acting General Manager position in late April of 2008. 

Upon his promotion, Pattison visited the Casino and talked to Noon about Casino 

operations. Pattison told Noon that Titan's relationship to the Tribe was similar to a 

partnership. 

Town King Scott explained during an interview with NIGC personnel that of all the 

Casino General Managers between 2005 and 2010, only Cavllla demonstrated expertise 

in comprehending financial statements, iiiterpretiilg gaming machine data, 

understanding cash flows, negotiating with vendors, and s~~ccessfully marketing and 

promoting the Casino. Also according to Town King Scott, only Cavilla possessed tlie 

ability to take advice and implement it. Acting Town Icing Scott believed that things 

improved after the BC hired Titan because it was always a struggle to get the General 

Managers to lake and follow advice, and recommendations, and to put those 

recommendations into action. From Town King Scott's point of view, the Casino was 

successful when the General Managers followed what Titan recommended. 

Against this backdrop, monthly reports between September 2005 and December 2010 

reflect Respondents' involvement in a wide range of Casino management actions. As 

set forth more fully below, TitanIMercury managed the following areas of the Casino: 

a. Budget preparation and process; 

b. Advertising and promotions; 

c. Vendor negotiations; 

d. Human resources; 

e. Cash systems negotiation; and 

f. Employee maiiuals and training. 
When the Casino operated without a General Manager, Respondents actively managed 

the Casino as de jure managers. Later, the Tribe's leadership made it clear to the 

succession of Casino General Managers that they were to take and impleinent 

Respondents' recommendations, thereby making Respondents clefacto managers. In 

this way, Respondents were both de jure and de facto managers of the Tribe's Casino 

from September 6,2005, to December 31,2010, without a management contract 

approved by the Chair in violation of IGRA and NIGC regulations. 25 U.S.C. $5 2710 

(d)(9) and 271 1, and 25 C.F.R. § 573.6(a) Furthermore, the Tribe allowed and actively 

encouraged Respondents to manage the Casino without an approved management 

contract from December 6,2005 to December 31,2010, in violation of 25 U.S.C. 

$5 2710(d)(9) and 271 1, and 25 C.F.R. 5 573.6(a). 

Respondents' de jure and de-facto management of the hirinn and firinn of Casino 

mananers and control over employee job channes 

IGRA and NIGC regulations prohibit the management of any part of an Indian gaming 

operation by a third party without benefit of an NIGC approved management contract. 

25 U.S.C. 

§§ 2710(d)(9) and 2711, and 25 C.F.R. § 573.6(a). Respondents exerted management 

control over the hiring and firing of Casino management, a management function, from 

September 2005 to October 2010, without an NIGC approved management contract. 

Furthermore, the Tribe allowed Respondents to exert such control in violation of IGRA 

and NIGC regulations. Specifically, Respondents exerted management control over the 

hiring and firing of Casino managers Carl Noon, Harvey Thompson, and Darin Price, 

and over employee changes related to Kenna Smith and Marlc Lantis. 

Vazquez arranged to have a new position of Assistant Human Resources created and to 

have Noon promoted lo that position. Vazquez subsequently told General Manager 

Darin Price to fire Assistant General Manager Thompson. Shortly thereafter, Vazquez 

informed Noon that he would take Thompson's former job as Assistant General 

Manager. Not long after Noon was promoted to Assistant General Manager, Vazquez 

informed TitanMercury representatives Gavenchak, DeMartino and Pattison that Price 

had "gone bad" and had attempted to convince the BC that TitadMercury was not 

necessary. In response, Gavenchak instructed Vazquez to get Price fired. Within three 

weeks, the BC fired Price. Noon was then promoted to General Manager. 

Approximately two months after receiving a substantial pay increase, Noon was fired 

after speaking withNIGC representatives about TitannClercury's activities at the 

Casino. 

Vazquez, as a TitanJMercury representative, also exerted control over job changes 

within the Casino. While General Manager Noon was away from the Casino and 

without his permission, Vazquez transferred Promotions Manager Kenna Smith to an 

entirely different job monitoring the Casino's compliance with federal tax reporting 

mandates. Upon her transfer, Vazquez directed General Manager Noon to re-hire 

former Casino promotions employee Marlc Lantis, which he did. 
Through direct actions and influence over BC decisions, Respondents exerted 

management control and decision-malting authority over the hiring and firing of Casino 

inanagement from September 2005 to October 2010, without a management contract 

approved by the Chair in violation of IGRA and NIGC regulations. 25 U.S.C. $5 2710 

(d)(9) and 271 1, and 25 C.F.R. 5 573.6(a). Furthermore, the Tribe allowed Respondents 

to exert such management control over decisions regarding the hiring and firing of 

Casino managers without an approved management contract from September 2005 to 

October 2010, in violation of IGRA and NIGC regulations, 25 U.S.C. $5 2710 (d)(9), 

271 1 and 25 C.F.R. 5 573.6(a). 

IGRA and NIGC regulations prohibit the management of any part of an Indian gaming 

operation by a third party without benefit of an NIGC approved management contract. 

25 U.S.C. $5 2710(d)(9) and 271 1, and 25 C.F.R. 5 573.6(a). Respondents exerted 

management control and decision-malting authority over Casino marketing and 

advertising from August 2008 to February 16,2010, without an NIGC approved 

management contract. Furthermore, the Tribe allowed Respondents to exert such 

control in violation oTIGRA and NIGC regulations. 

In particular, Respondents exerted management control over Casino promotions and 

billboard advertising. This control over promotions began in earnest after General 

Manager Price was terminated, at which point Vazquez told then Promotions Manager 

Smith that promotions would be done "in-house" by Titan personnel. 

Around August 2008, Vazquez insisted,'against General Manager Noon's wishes, that 

the Casino give away motor scooters. After the scooter promotion ended, Noon advised 

Vazquez that it was not a successful promotion. Nevertheless, Vazquez ordered more 

scooters for a subsequent promotion. 

At a December 3,2009 BC meeting, Vazquez informed the BC that Joy Larios, a 

Mercury employee, was working with the Casino's advertising and marlceting 

department and with the General Manager on new promotions. According to Smith, 

Vazquez decided that Larios would put the promotions together and told Smith to 

forward her promotional ideas to Larios for Larios' approval prior to placement of 

advertisements regarding the promotions. On December 8,2009, Larios directed 

Smith's work on promotions at the Casino; she asked Smith to work on rules and 

procedures for an ~ipcoining promotion. Smith later explained that everything she did 

with marketing and promotions as the manager of that department was to be approved 

by Larios and Vazquez, although she did not always seek their approval. 

At the December 3,2009 BC meeting, Vazquez also reported that the Casino was 

investing more money in obtaining vendor participation in marketing and advertising. 

Further, he advised that TitanJMerc~uy had received a promise of an additional $8,000 

toward promotions from one vendor and were planning to get $5,000 more from each of 
the other vendors. Consisteilt with Vazquez's comments to the BC, he e~~couraged 

vendors to contribute more t~~oiley to Casino promotions. According to Cletus Colbert, 

former Casino Compliance Officer, around May 2010, Vazq~lez urged Tribal Gaming 

Commissioner Scott to reduce the fees vendors pay to the Commission so that Vazquez 

could reasonably request that the vendors contribute money to Casino promotions. Later 

that month. Cominissioner Scott did reduce the vendor fees. 

TitanIMercury, Vazquez and Pattison also controlled billboard advertising. From the 

beginning of his employment with the Casino, Noon understood that Vazquez and Titan 

were in charge of the billboard advertising. At one point, General Manager Noon 

suggested making a change to the billboards and Vazquez responded that he would first 

need to check with Titan Noon stated that following this he was not allowed to make 

changes to the billboard graphics. 

On February 16,2010, Vazquez sent an email to Kristin Lamont, an account executive 

with Lindmark Outdoor Advertisements regarding art for the Casino billboards, which 

was designed by Titan's art department and approved by Doug Pattison. 

Through his direct actions, Vazquez, at various times either as an employee ofMercury 

or Titan, exerted management control and decision-making authority over Casino 

marketing and advertising from August 2008 to February 16,2010, without a 

management contract approved by the Chair in violation of IGRA and NIGC 

regulations. 25 U.S.C. 5 2710(d)(9) and 2711; 25 C.F.R. § 573.6(a). In addition, at 

various times Mercury employee Joy Larios directed and approved Casino work, 

including directly contacting Casino game vendors and directing Casino employees. 

Furthermore, the Tribe allowed Vazquez, variously an employee of Mercury or Titan, to 

exert such manageinent control over Casino marketing and advertising without an 

approved management contract from August 2008 to Febmary 16,2010, in violation of 

IGRA andNIGC regulations, 25 U.S.C. $5 2710 (d)(9) and 271 1, and 25 C.F.R. 

5 573.6(a). 

Respondents' de lure management of the Casino's contractual relationshtos with 

gaminp machine vendors 

IGRA and NIGC regulations prohibit the management of any part of an hdian gaming 

operation by a third party without benefit of an NIGC approved management contract. 

25 U.S.C. $5 2710(d)(9) and 2711, and 25 C.F.R. § 573.6(a). TitaniMercury 

representatives exerted management control and decision-making authority over the 

Casino's gaming machine vendors fromBeptember 2005 to February 17,2010, in 

violation of IGRA and NIGC regulations. Furthermore, the Tribe allowed 

TitaidMercu~ry representatives to exert such control in violation of IGRA and NIGC 

regulations. 

Titanmercury monthly reporls tout progress in reducing gaming machine vendor 

percentages. In the September 2005 monthly report, Titan takes credit for reducing the - - 

percentage that the Casino paid to three machine vendors. In addition, in its October 
2005 monthly report, Titan took credit for reducing the percentage for all but one game 

vendor. Later reports in 2009 and 2010 similarly tout Titan's work vis-A-vis gaming 

machines by stating that TitadMercury met with two game machine vendors to increase 

the number of gaming machines on the floor. 

On December 3,2009, Vazquez advised the BC that TitadMercury was re-negotiating 

the percentage split for Class I11 machines in an effort to reduce the vendor share on 

those machines. Vazquez further advised the BC that there likely would be mother two 

to five machine vendors added pending on-going negotiations. 

This activity is consistent with the expectation among Tribal leadership that the General 

Managers were to rely on Titan's expertise and experience in vendor negotiations. 

According to Acting Town Icing Scott, the Casino General Managers did not have the 

knowledge or the experience to negotiate vendor contracts and that Titan was able to get 

better terms for the Casino. 

Through their direct actions, Vazquez at various times either as an employee of 

Mercury or Titan, and Wallace, a Mercury employee, planned, directed, 'andlor 

controlled the Casino's contractual relationships with gaming machine vendors at 

various times between September 2005 and February 17,2010, without a management 

contract approved by the NlGC Chair in violation of IGRA and NIGC regulations. 25 

U.S.C. 5 2710(d)(9) and 2711, and 25 C.F.R. 5 573.6(a). 

Furthermore, the Tribe allowed Vazquez and Joe Wallace, a Mercury slot machine 

expert, to plan, direct, and control the Casino's contractual relationships with gaming 

machine vendors without a11 approved management contract from September 2005 to 

February 17, 2010, in violation of IGRA and NIGC regulations, 25 U.S.C. 5 2710(d)(9) 

and 271 1, and 25 C.F.R. 5 573.6(a). 

Titan/Mercury and Pattison's clelfacto management of the Casino's o~erating burlget 

IGRA and NIGC regulations prohibit the management of any part of an Indian gaming 

operation by a third party without benefit of an NIGC approved management contract. 

25 U.S.C. 55 2710(d)(9) and 2711, and 25 C.F.R. 5 573.6(a). TitadMercury and 

Pattison exerted management control and decision-making authority over the 

development of the Casino's operating budget from September, 2005 to December 31, 

2010 without anNIGC approved management contract. Furthermore, the Tribe allowed 

TitadMercury and Pattison to exert such control in violation of IGRA and NIGC 

regulations. 

Titail monthly reports between September 2005 and December 2010 detailed its 

substantial control over the development of Casino operating budgets. For example, on 

August 29,2007, Pattison forwarded via email a draft budget to Dylan Byrd, then 

Casino CFO and a number of other individuals including Michael Gavenchak and 

Vazquez, recommending they follow a similar budgeting process to years past. 

~ccording'to CFO Byrd, Pattison's draft budgets were routinely passed without any 
substantial alteration and that the Casino adhered completely to those budgets 

throughout the years. Byrd further states that Pattison regularly resisted pressure from 

the BC to review his draft budgets. 

Email messages confirm this process. The budget was presented to the BC two days 

after Pattison's email. The next day, Pattison was apprised of the BC's reaction to his 

budget. "Wanted to let you laow that the budget meeting was a non-event ...In the 

benediction they prayed for wisdom to know what to do with the budget. They were 

pleased that the distribution [of money from the Casino to the Tribe] was increasing. 

Let me blow where we need to go from here. I certainly didn't get any direction [from 

the BC] last night." 

TitanIMercury and Pattison managed the Casino budget from September, 2005 to 

December 31,2010 without a management contract approved by the Chair in violation 

of IGRA and NIGC regulations. 25 U.S.C. §§ 2710(d)(9); 2711, and 25 C.F.R. 

§ 573.6(a). Furthermore, the Tribe allowed TitadMercury and Pattison to manage the 

Casino budget without an approved management contract from August, 2005 to 

December, 31,2010, in violation of IGRA and NIGC regulations, 25 U.S.C. 

5s 2710(d)(9); 2711, and 25 C.F.R. 5 573.6(a). 

FIRST VIOLATION 

The Tribe and Mercury violated NIGC regulations by failing to timely submit the 

Management Agreement executed between them on June 3.2005 

1. NIGC regulations provide that a tribe or a management contractor shall submit a 

management contract to the Chair for review within 60 days of execution by the parties. 

25 C.F.R. 5 533.2. 

2. Town King George Scott explained that when the Tribe executed the January 15,2005 

Consulting Agreement with Titan, it was to be a bridge to a management contract. 

3. On June 3,2005, the Tribe and Mercury executed a Management Agreement for the 

Casino. 

4. A July 29,2005 Addendum extended the first Consulting Agreement until the earlier of 

June 30,2006, or such time as the Management Agreement between the Tribe and 

Mercury, dated June 3,2005 was approved by the NIGC. At this point, the Management 

Agreement had not been submitted to the NIGC for review. 

5. On September 29,2006, over one year after it was executed, the Tribe submitted a copy 

of the Mercury Management Agreement to the NIGC for its review. 

6. The Tribe ultimately withdrew the Management Agreement in September 2009. 
7. The Tribe did not submit the Management Agreement until more than a year after it was 

executed. 

8. Therefore, because neither party to the Mai~agement Agreement timely submitted it, 

both parties are in violation of NIGC regulations. 25 C.F.R. 5 533.2. 

SECOND VIOLATION 

Respondents and the Tribe violated IGRA and NIGC regulations -by Respondents'de facto 

and de iure management of the Casino without an NIGC approved mai~agement contract 

Titan's management of Casino when no General Manager was overseeing Casino operations 

1. Following Wilson's departure on August 15,2005, the Casino operated for several 

weeks without a General Manager on staff. On Aug~~st 24,2005, the11 Tribal 

Administrator Ron Bamett issued a memorandum to all Casino employees entitled 

"Maintaining present schedules" in which he advised employees that the Busiiless 

Committee had approved the "Titan Consulting Agreement," that Enus Wilson was no 

longer the Casino General Manager, and that during this transition phase "while the 

Titan Consulting Team [became] established", any questions should be directed to 

"Titan representative Lino Vazquez." On September 9,2005, Assistant General 

Manager Darin Price was promoted to Acting General Manager, and then promoted to 

General Manager on September 22,2005. During this time, a TitanMercury staffer 

was on-site approximately 70% of the time that the Casino was open. On October 11, 

2005, only 19 days after Price was promoted to General Manager, he was replaced by 

Joe Cavilla. 

2. Titan's September 2005 monthly report shows Titan involved at that time in a wide 

range of Casino management actions. The report notes Titan's completion of over 90% 

of these actions, as reproduced below: 

Operations/Financial 

Implemented numerous promotions (e.g. jacl<pots, TGIF promo and buffet 

etc.) and other operations measares resulting in Casino's highest volume 

generating month in history. COMPLETE 

Developed three (3) year budget for approval COMPLETE 

* Obtained architects/engineer plan to improve facility - see attached 

COMPLETE 

Temporarily relocated unacceptable break room and finalized other Casino 

floor improvements COMPLETE 

Outdoor advertising plan submitted for approval and execution 

COMPLETE 

Sign company plan lor 90 foot backlit sign and to allow Tribe to finance 

PENDING 

Tlnee Game vendors now at 20% [reduction from higher split of revenue] 

COMPLETE 
Reviewed August 2005 financial statement identifying profit enhancement 

opport~~ilities COMPLETE 

\ 

0 Concession stand improvement plan - PENDING 

HR and Staff 

Prepared and submitted Golden Pony Casino Employee Handbook for Legal 

Review - COMPLETE 

Identified and recruited General Manager - Joe Cavilla - with cominercial 

casino experience. COMPLETE 

Corrected [Human Resources] function - successf~illy reduced staff count 

and excess payroll COMPLETE 

Rectified employee schedule issues and achieved improved service levels 

and operational efficiency COMPLETE 

* Obtained Employee Uniform program and submitted for approval 

COMPLETE 

Advertising and Public Relations 

Submitted Outdoor Campaign for approval and implementation 

COMPLETE 

* Negotiated advertising rates with relevant local publications and Radio and 

implemented campaign COMPLETE 

Negotiatinglreviewing prospect of large sign financing see above 

PENDING 

3. Subsequent Titan monthly reports detail similar management activities undertaken and 

either accomplished by Titan or pending completion by Titan. Following is a partial list 

of Titan accomplishments from Titan monthly reports between October 2005 and 

December 2010. 

Oct. 2005: All but one game vendor now at 20% 

Outdoor Campaign approved and implemented 

Local publications and radio campaign in place 

Dec. 2005: Met with reps from Global Cash Advance and Casino 

management. Awaiting final contract proposal 

April 2006: Continued monitoring and development of in-casino promotions 

June 2006: Begun preparation of new Operating Budgets for fiscal 

years ended Sept. 30,2007-2009 for BC review and approval 

Global Cash Advance contacted to train casino 

personnel 

Sept. 2006: Completed preparation ofnew Operating Budgets for fiscal 

years ended September 30,2007-2009 for BC 
review and approval 

Global Cash Advance scheduled to train casino personnel 

Feb. 2007: Created budgeting process 

Assisted in negotiation of signage 

Fully develop direct mail program 

March 2007 Creating effective radio advertising campaign 

July 2007 Continue to improve current number and performance 

of gaming machines 

August 2007 Took over oversight of HR to successfully reduce staff count 

and payroll. Prepared and submitted 16 job descriptions for 

review and comment. 

Oct. 2007 Prepared operating budget for year ended September 30,2008 

Dec. 2007 Identified new ATM provider. Casino will receive 100% of fees 

Feb. 2008 Creating effective radio advertising campaign 

July 2008 Continue to recommend effective marketing promotions and 

advertising 

March 2009 Prepared operating budget for year ended Sept. 30,2010 . 

Discussion with Class III slot machine manufacturers 

regarding installation and alternative financing 

August 2009 Class I11 slot machines ready for installation. Additional vendors 

reviewed for consideration and further analysis of Class I1 games 

in process 

Oct. 2009 New back office system (Table Trac) has been installed and 

employees are being trained 

Repositioning of ATM on floor 

Feb. 2010 Continue to improve current number and performance of Dec. 2010 

gaming machines. Met with AGS and VGT to increase # of games 

Prepared operating budget for year ended Sept. 30,2010 

Continue to recommend effective marketing promotions and advertising 

4, All Titan monthly reports in the NIGC's possession are attached to and incorporated in 

this notice of violation. 
5. Monthly reports were not presented to the BC as options, but as actions already talten. 

6. Tracey Hill states that during her tenure on the BC, the BC was left out of the Casino 

decision-making process. She states she "cannot recall a single instance in which Titan 

or Lino brought to us a recommendation for BC approval.. .or asked us for authorization 

to proceed with some action." 

7. Email records show that Pattison was working with Finley & Cook personnel between 

August 15,2005 to October 11,2005 (when no General Manager was on staff) to create 

the Casino budget; an action wholly outside the terms of the Consulting Agreement. 

For example, on September 6,2005, Finley & Cook supervisor Paula Brown wrote to 

Pattison, "[c]ould you please clarify what years you want changed to 5,000 [sic] on 

Promotion expense for Oct, Nov, Dec." 

8. These management activities coincide with Gavenchak's June 27,2005 pledge that 

Titan would be "spending substantially more time in the [Clasino." 

9. Without a General Manager during this time to make these management decisions, 

tribal leaders at that time - Acting Town King George Scott and Tribal Administrator 

Ron Barnett - aclcnowledged their reliance on Titan's expertise to run the Casino. (This 

reliance continued through a succession of General Managers). As Barnett stated, 

Vazquez was so often on-site at the Casino, operating out of office space he shared with 

Barnett and the Acting Town King, because the Tribe needed him to implement the 

Titan recommendations. 

10. Although the Tribe has asserted that the monthly reports contain Titan's 

recommendations, which were then either accepted or rejected, the reports themselves 

say otherwise. The reports are phrased as items to accomplish, and then it is noted 

whether that item was completed or is still pending. 

Joe Cavilla 's Tenure as General Manager 

11. Unable to recn~it a General Manager, the Tribe requested Titan assist in identifying 

someone for the position. 

12. Mercury CEO Doug Pattison recommended Joe Cavilla, a former employee of Doug 

Pattison. No other prospective General Managers were interviewed or presented to the 

BC. The job opening was not advertised. On October 11,2005, the BC hired Joe 

Cavilla as the new General Manager. 

13. During Cavilla's tenure as Casino General Manager, Titan reimbursed him monthly for 

various living expenses, including rent, gas, food, and utilities as well as travel-related 

expenses of airfare and parking. 

14. Town King Scott explained during an interview with NIGC personnel that of all the 

Casino General Managers between 2005 and 2010, only Cavilla demonstrated expertise 
in compreliending financial statements, interpreting gaining machine data, 

understanding cash flows, negotiating with vendors, and successfully marketing aid 

promoting the Casino. Also according to Town Icing Scott, only Cavilla possessed the 

ability to take advice and implenient it. Acting Town Icing Scott believed that things 

improved after the BC hired Titan because it was always a struggle to get the General 

Managers to take and follow advice, and recommendations, and to put those 

recoininendations into action. 

15. From Town King Scott's point of view, the Casino was successf~~l when the General 

Managers followed what Titan recommended. 

16. In discussions with the NIGC in November 201 1, Tribal Treasurer Ron Barnett 

described the process in more detail: 

Usually, most of the recommendations were made on a day to 

day basis between the consultant and the General Manager or, 

and, would tie in to [the] Mekko and Treasurer.. .for example.. . it 

looks like the carpet needs cleaning. So.. .you guys do business 

with anybody? No. Let's. .. see who's out there. And, do you 

have Tribal members that do that kind of thing? No. Well, then I 

recommend, you laow, let's ask around and see who does good 

work around here and see if we can get somebody. We 

recommend that the carpets need cleaning, you laow, things as 

obvious as that. 

17. Cavilla was terminated after approximately one year as General Manager, and shortly 

after the OGC letter expressing concem was sent to the Tribe and TitanMercury. His 

termination is not reflected in any BC meeting minutes provided to the NIGC. George 

Scott advised the NIGC that he asked Cavilla to resign. Some time in 2009, Pattison rehired Cavilla as a Mercury slot machine expert. 

18. Lino Vazquez, who at that time was Mercury's Director of Business Development, then 

brought Cavilla back to the Casino as a consultant for Titan. 

19. According to Barnett, in this capacity, from his termination as General Manager through 

September 201 1, several times a year Cavilla visited the Casino to determine the mix 

and placement of games on the Casino floor. 

Darin Price's and Carl Noon's Tenures as General Manager 

20. In approximately August 2006, Darin Price was promoted to Casino General Manager. 

21. According to Price, at a gaming convention in the fall of 2006, Pattison introduced hiin 

to Joy Larios, a Las Vegas based promotions expert doing business as "Rooftop 

Creative", and also employed by Mercury as its director of promotions. 
22. In approximately March 2007, Price told Keima Smith, then Casino promotions 

manager, that he and Vazquez had decided that Smith should contact Larios and have 

her handle advertisement layout, posters and direct mailing for the Casino. Smith did so. 

23. Price resented that the Casino paid Larios for these services because while apparently 

acting pursuant to her role as owner of Rooftop Creative, Larios had initially identified 

herself as a Mercury employee. Price felt that if she was employed by Mercury, her 

services should have been included as part of Titan's monthly fee. 

24. Price voiced his complaints to others at the Casino that Titan was "do~lble-billing" the 

Tribe. He also claimed to colleag~~es that he had evidence that Tribal leaders George 

Scott and Ron Barnett had accepted gifts from Titan. Price was fired between late April 

and mid-May, 2008. 

25. Carl Noon was promoted to the Acting General Manager position in late April of 2008 

with minimal prior experience in casino general management. Upon his promotion, 

Pattison visited the Casino and talked to him about Casino operations. Pattison told 

Noon that Titan was there to help him and that their relationship was similar to a 

partnership. 

26. Upon becoming General Manager in June of 2008, Noon's interactions with Vazquez 

increased dramatically and they communicated on a daily basis. Vazquez promised 

Noon that he would obtain for Noon a higher salary. 

27. Noon noticed that Scott or Barnett would contact Vazquez about Casino business and 

then Vazquez, in turn, would bring these matters to Noon's attention. This led Noon to 

believe that Vazquez had more management authority than he did. 

28. Whether one is a manager is not controlled by the specific job title of the position held 

by the employee. Waldnu v. M.S.P.B., 19 F.3d 1395 (Fed.Cir. 1994). Rather, the 

question is answered in terms of actual job responsibilities, authority, and relationship 

to management. Id. at 1399. An employee can qualify as management if he 

recommends discretionary actions that are implemented by others possessing actual 

authority to control employer policy, thus being a de facto manager. Id. at 1399 (citing 

N.L.R.B. v. Yeshiva, 444 U.S. 672,683 (1980)). 

29. As set forth above, TitantMercury managed the following areas of the Casino: 

a. Budget preparation and process; 

b. Advertising - and promotions; 

c. Vendor negotiations; 

d. Human resources; 

e. Cash systems negotiation; and 

f. Employee manuals and training 

30. When the Casino operated without a General Manager, Tita~~/Mercury managed the 

Casino. Later, the Tribe's leadership made it clear to the succession of Casino General 
Managers that they were to take and implement TitaniMercury's recommendatioiis. In 

this way, TitadMercury was both a de jure and a de facto manager of the Tribe's 

Casino from September 6,2005, to December 31,2010, without a management contract 

approved by the Chair in violation of IGRA and NIGC regulations. 25 U.S.C. 

$5 2710(d)(9) and 271 1, and 25 C.F.R. § 573.6(a) 

31. Furthermore, the Tribe allowed and encouraged TitanMercury to manage the Casino 

without an approved management contract from December 6,2005 to December 31, 

2010, in violation of 25 U.S.C. $5 2710(d)(9) and 271 1, and 25 C.F.R. 5 573.6(a). 

THIRD VIOLATION 

TitanIMercurv and the Tribe violated IGRA aid NIGC regulations by TitadMercurv's 

de facto management of the hiring and firing of Casino managers 

Hiring and Firing of Casino Managers and Control over Employee Job Changes, 

1. Carl Noon was hired in February 2007 as a night shift floor supervisor. Vazquez told 

him that he would get Noon "off the floor" and into an office job. Shortly thereafter, 

General Manager Price informed Noon that a new position would be created for him 

aid in July 2007, Noon was promoted to the newly created position of Assistant Human 

Resources Director. 

2. In December 2007, Vazquez informed Price that Tribal Gaming Commissioner 

Clarence Yarholar did not like the Casino's Assistant General Manager, Harvey 

Thompson. Vazquez told Price that he must fire Thompson. 

3. Shortly after this meeting, Vazquez told Noon that Noon would be replacing Thompson 

as Assistant General Manager. After Price fired Thompson, Vazquez told Noon, "we're 

going to get you in that office." 

4. A few weeks later, Price informed Noon that he was to be promoted to Assistant 

General Manager and in January 2008, Noon became the Assistant General Manager. 

5. On April 10,2008, Vazquez sent an email to Gavenchak, DeMartino, and Pattison 

alerting them that, "Darin has gone bad! It seems he has been trying to convince some 

people on the [BC] that we are not necessary and that he is capable of running things 

himself." 

6. Gavenchak replied to Vazquez, "Get him fired asap if true." 

7. Over the next several weelts, Vazquez remained at the Tribe and met daily with tribal 

leaders. 

8. Less than threc weeks later, on April 29,2008, the BC voted to fire Price effective the 

following day. It does not appear as though Price was immediately fired however, 
because on May 5,2008, Town IGng Vernon Yarholar requested the Tribal Attorney to 

prepare a legal memorandum advising the Tribe on the "potential separation of Darin 

Piice." A representative of TitaidMercury also requested similar advice from the tribal 

attorney because in his May 9,2008 memorandum the tribal attorney states he received 

a request for [Price's] termination by the Tribe's gaming consultants and prospective 

managers, 

9. The legal memorandum cautioned the Tribe that TitanIMercnry has served as 

'consultants' for almost four years and that based on the einail exchange [between 

Vazquez and Gavenchak] one could consider TitanMercury to be exercising 

management f~~nctions byordering that Mr. Price should be 'fire[d] asap!' 

10. The tribal attorney advised the Tribe that firing Price could be constr~~ed as retaliation 

for his whistle-blowing on Merc~uyiTitan's alleged conduct. 

11. In April 2010, while Noon was at a meeting in San Diego, Vazquez arranged to have 

Smith transferred from her position as Casino promotions manager to a job ensuring the 

Casino's compliance with federal income tax reporting requirements. 

12. Vazquez then directed Noon to re-hire former Casino employee Mark Lantis, who had 

handled promotions before Smith. AlthoughNoon was reluctant, Vazquez insisted. ln 

April 2008, just prior to Price's termination, Vazquez told Noon that the BC would 

promote Noon to Acting General Manager. 

13. On April 29,2008, the BC voted to promote Noon to Acting General Manager. At this 

meeting Town King Vernon Yarholar told Noon that he was to "work with Titan." 

14. In July or August 2010, Vazquez told Noon he was working to get Noon a pay raise. 

Vazquez said he wo~lld address the issue at an upcoming BC meeting. Approximately a 

month later, Noon received a 25% raise. 

15. In October 2010, approximately two months after receiving this substantial pay raise, 

Noon met with NIGC representatives to discuss Titan's activities at the Casino.' 

16. Approximately a month later, Noon was called into a meeting with Vazquez, Town 

King Scott and BC MemberITribal Treasurer Barnett. He was asked what NIGC 

representatives had discussed with him and what information Noon had provided. They 

telephoned attorney David McCullough and he participated in the conversation as well. 

17. About three weeks after the meeting, and only a few months after receiving a 25% pay 

raise, Noon was fired. 

18. In late 201 1, BC MemberITribal Treasurer Barnett told NIGC representatives that Noon 

was terminated because "he.. .had some personal problems[.]" 
19. Acting Town Icing Scott painted a different picture of why Noon was fired. He 

explained that n~anageinent of the Casino overwhelmed Noon. 

20. Whether one is a manager is not controlled by the specific job title of the position held 

by the employee. WalcEnu v. M.S.P.B., 19 F.3d 1395 (Fed.Cir. 1994). Rather, the 

question is answered in terms of actual job responsibilities, authority, and relationship 

to management. Id at 1399. An einployee can qualify as management if he actually has 

authority to take discretionary actions - thus being a de jure manager - or he 

recommends discretionary actions that are implemented by others possessing actual 

authority to control employer policy, thus being a de facto manager. Icl. at 1399 (citing 

N.L.R.B. v. Yeshiva, 444 U.S. 672,683 (1980)) 

21. Through his direct actions and his influence over BC decisions, Vazquez, at various 

times either as an employee of Mercury or Titan, exerted management control and 

decision-malting authority over the hiring and firing of Casino management from 

February 2007 to October 2010, without a inanagement contract approved by the Chair 

in violation of IGRA and NIGC regulations. 25 U.S.C. 55 2710(d)(9) and 271 1, and 25 

C.F.R. 5 573.6(a). 

22. Vazquez arranged to have a new position of Assistant Human Resources created, and to 

have Noon promoted to that position. Vazquez subsequently told General Manager 

Price to fire Assistant General Manager Thompson. Shortly thereafter, Vazquez 

informed Noon that he would replace Thompson as Assistant General Manager. Not 

long after Noon was promoted to Assistant General Manager, Vazquez informed 

Gavenchak, DeMartino and Pattison that Price had "gone bad" and was trying to 

convince the BC that TitadMercury was not necessary. Gavenchak instructed Vazqnez 

to get Price fired. Within three weeks, the BC fired Price. Noon was then promoted to 

General Manager. Approximately two months after receiving a substantial pay 

increase, Noon was fired after speaking with NIGC representatives about 

TitanMercury's activities at the Casino 

23. In addition, while General Manager Noon was away from the Casino and without his 

permission, Vazquez transferred Proinotions Manager Smith to an entirely different job 

monitoring the Casino's compliance with federal tax reporting mandates. Upon her 

transfer, Vazquez directed General Manager Noon to re-hire former Casino promotions 

employee Mark Lantis. 

24. The Tribe allowed Respondents, to exert such management control over decisions 

regarding the hiring and firing of Casino managers without an approved management 

contract from February 2007 to October 2010, in violation of IGRA and NIGC 

regulations, 25 U.S.C. $5 2710(d)(9), 2711 and 25 C.F.R. 5 573.6(a). 
FOURTH VIOLATION 

TitadMercurv violated IGRA and NIGC regulations by managing 

Casino marketing and advertising 

Titan/Mercury controls Casino promotions 

1. After General Manager Price was terminated, Vazquez told Smith to send to him via 

email any promotional ideas she was considering and told her that promotions 

would now be done in-house, by Titan persomlel. 

2. Around August 2008, Vazquez decided the Casino should give away promotional 

motor scooters. Noon was opposed to the idea but Vazquez insisted. Smith came to 

work one day to find an invoice on her desk fkom Atlanta on Wheels. When Smith 

asked Noon about the scooters, he told her that Vazquez wanted to use them in a 

promotion. 

3. Noon and Smith did not think the scooter promotion went well and Noon so advised 

Vazquez. Nevertheless, Vazquez ordered more scooters. 

4. At a November 24,2009 BC meeting, Vazquez, referring to Mercury's Joy Larios, 

informed the BC that Larios was working with the Casino's advertising and 

marlceting department and the General Manager to set up new promotions and to get 

them on the Casino calendar for the following six months. 

5. Two weeks later, on December 8,2009, Larios directed Smith's worlc at the Casino. 

She asked Smith to work on n~les and procedures for an upcoming promotion. 

6. Smith discussed this with Noon, who related that Vazquez wanted Larios to put the 

promotions together and that Smith was to forward the promotional ideas to Larios 

for Larios' approval prior to placement of advertisements regarding the promotions. 

7. Smith later explained that everything she did with marketing and promotions as the 

manager of that department had to be approved by Vazquez and Larios. 

8. At a December 3,2009 BC meeting, Vazquez reported on marketing and 

advertising, stating that vendors' participation in promotions the prior year was 

weak but that it was getting better. Vazquez further reported that more money was 

being invested in obtaining vendor participation in marketing and advertising. 

Further, he advised that they had received a promise of an additional $8,000 from 

one vendor and were planning to get $5,000 more from the rest of the vendors. He 

ended by reassuring the BC that Titan planned to continue receiving vendor 

investment in marlceting and advertising throughout the upcoming year. 

9. Vazquez encouraged vendors to contribute more money to Casino promotions. 

Cletus Colbert, Compliance Officer from May 23,2008 until March 10,201 1, 
recalls attending a May 2010 meeting with Vazqnez, Noon, and Tribal Gaming 

Coinnlissioner Alan Scott. Prior to the meeting, Vazquez told Colbert that Colbert 

should tell Commissioner Scott to reduce the fees vendors paid to be licensed to do 

business with the Tribe as an incentive for the vendors to increase their investment 

in Casino promotions. Colbert told Vazquez that Vazquez should tell Scott himself. 

During the meeting Vazquez, with Noon's backing, urged Commissioner Scott to 

reduce the fees. Later that month, Commissioner Scott reduced the fees and sent an 

enlail to Colbert relaying the decrease in vendor fees. 

10. Meanwhile, Mercury's Joy Larios was directly contacting game vendors on behalf 

of the Casino in efforts to organize Casino promotions. 

Titan/Merctiry Controls Billboard Advertising 

11. From the beginning of his employment with the Casino, Noon understood that 

Vazquez and Titan were in charge of the billboard advertising. At one point, Noon 

suggested making a cha~ge to the billboards and Vazquez responded that he would 

first need to check with his Titan advertising team. Noon stated that following this 

he was not allowed to make changes to the billboard graphics. 

12. On February 16,2010, Vazquez sent an email to Kristin Lamont, an account 

executive with Lindmark Outdoor advertisements, to let her know that he would 

have Titan's art department forward new layout in the next several days. After 

Titan's art department finished the billboard design, it was forwarded to Vazquez 

who in turn forwarded it to Doug Pattison for his approval. 

13. Through his direct actions, Vazquez, at various times either as an employee of 

Mercury or Titan, exerted management control and decision-making authority over 

Casino marketing and advertising fiom Aug~lst 2008 to Febmary 16,2010, without 

a management contract approved by the Chair in violation of IGRA and NIGC 

regulations. 25 U.S.C. 5 2710(d)(9) and 271 1; 25 C.F.R. 5 573.6(a). In addition, at 

various times Mercury employee Joy Larios directed and approved Casino work, 

including directly contacting Casino game vendors and directing Casino employees. 

14. Furthermore, the Tribe allowed Vazquez, variously an employee of Mercury or 

Titan, to exert such management control over Casino marketing and advertising 

without an approved management contract from August 2008 to Febn~ary 16,2010, 

in violation of IGRA and NIGC regulations, 25 U.S.C. 55 2710(d)(9) and 271 1, and 

25 C.F.R. 5 573.6(a). 
FIFTH VIOLATION 

Titdercurv and the Tribe violated IGRA and NIGC regl~lations bv Titdercurv's 

management of the Casino's contractual relationships with asinine, nlachine vendors 

1. Early Titan monthly reports tout progress in reducing gaming machine vendor fees. 

In the September 2005 monthly report, Titan takes credit for reducing the 

percentage 3 Casino vendors received from the gaming machines they provided. 

2. In the October 2005 monthly report, Titan taltes credit for having reduced that fee 

on all but one game vendor. 

3. Later reports in 2009 and 2010 similarly tout Titan's work vis-A-vis gaming 

machines by stating that Titan met with AGS and VGT, two game machine vendors, 

to increase the number of gaming machines on the floor. 

4. TitaniMercury's routine presentations to the BC typically included updates about 

on-going vendor negotiations and game machine planning. At a December 18, 2008, 

BC meeting, Vazquez stated that Titan was "loolting at" game machine vendor 

MultiMedia, as well as Cadillac Jack and others. 

5. Approximately a year later, at a December 3,2009 BC meeting, Vazquez reported 

that game machine vendors were significantly more cooperative than initially 

expected. He advised that they were re-negotiating the percentage split for Class 111 

machines, and were hoping to reduce the vendor share on those machines to 15%. 

6. Regarding the Class I11 machines, Vazquez advised the BC that they now had 

approximately 18 machines from Bally's, 10 from Cadillac Jack, another 10 from 

NOVA and that there likely would be another two to,five machine vendors added 

pending on-going negotiations. 

7. On January 26,2010, Joe Wallace, a Mercury slot machine expert, emailed Noon a 

proposed agreement with gaming machine vendor JFW and recommended that "we 

have your legal representative review [this]." Noon forwarded it for legal review. 

According to Noon, Vazquez negotiated this agreement. 

8. On February 17,2010, Noon forwarded to Wallace and Vazquez aBally 

Technologies vendor agreement and asked for review and advisement as to its 

contents. Wallace replied to Noon with instn~ctions Tor continuing the negotiations 

stating that "I want to keep this moving through and we should probably have this 

decided by the end of the week." 

9. It is not surprising Titan would be involved in vendor negotiations because of the 

expectation among Tribal leadership that the General Managers were to rely on 

Titan's expertise and experience in vendor negotiations. According to Acting Town 

King Scott, the Casino General Managers did not have the knowledge or the 
experience to negotiate vendor coiltracts and that Titan was able to get better terins 

for the Casino than the General Managers could have. 

10. On October 7, 201 1, Titan submitted a letter to the Tribe terminatiilg the Consulting 

Agreement. By that time, Titan had operated at the Casino under the various 

agreements and addenda for almost 7 years. 

11. The Tribe paid Titan a total of approximately $3.8 million, not including expenses 

of up to $3,500 per month. 

12. Through their direct actions, Vazquez at various times either as an employee of 

Mercury or Titan, and Wallace, a Mercu~y employee, planned, directed, andlor 

controlled the Casino's contractual relationships with gaming machine vendors at 

various tiines between September 2005 and February 17,2010, without a 

management contract approved by the Chair in violation of IGRA and NIGC 

regulations. 25 U.S.C. 5 2710(d)(9) and 271 1, and 25 C.F.R. 3 573.6(a). 

13. Furthermore, the Tribe allowed Vazquez and Wallace to plan, direct, and control the 

Casino's contractual relationships with gaming machine vendors without an 

approved management contract from September 2005 to Febn~ary 17,201 0, in 

violation of IGRA and NIGC regulations, 25 U.S.C. 3 2710(d)(9) and 271 1, and 25 

C.F.R. 5 573.6(a). 

SIXTH VIOLATION 

Titanmercury and the Tribe violated IGRA and NIGC regulations by TitaniMercury's 

management of the Casiilo's budget 

1. On August 29,2007, Pattison wrote an email to Dylan Byrd, then Casino CFO; Sam 

Rowe, and Kevin Huddleson of Finley & Cook; and Michael Gavenchak and Vazquez, 

stating: 

Gentlemen, [tlhis was only the first pass at the 2007-2008 budget for the 

[Casino]. I've made critical changes to the attached budget and forwarded them 

to Kevin. However, Mercury Gaming has not yet finalized the plan and camlot 

accept any responsibility for any premature review of a work product that is not 

yet complete. Carefill review and many years of experience resulted in a 2006- 

2007 [Casino] budget that was incredibly accurate in spite of many unforeseen 

obstacles during the fiscal year. We would recommend that the process Tor this 

budget season remain similar to prior years. 

2. Pattison speaks as though Mercury is ordinarily responsible for the Casino's financial 

planning. 

3. In the email, Pattison advises the others to avoid a "premature review" of his draft and 

to follow a similar process to years past. 
4. According to CFO Byrd, Pattison reglarly resisted pressure from the BC to review his 

draft budgets. 

5. CFO Byrd also noted that Pattison's draft budgets were routinely passed without any 

substantial alteration and that the Casino adhered completely to those budgets 

throughout the years. 

6. Subsequent emails confirm this process. Two days after Pattison's email, on August 31, 

2007, the budget was presented to the BC. The next day, Finley & Cook manager 

Kevin I-Iuddleson apprised Pattison of the BC's reaction to his budget. "Wanted to let 

you laow that the budget meeting was a non-event ... In the benedictioil they prayed for 

wisdom to lcnow what to do with the budget. They were pleased that the distribution [of 

money from the Casino to the Tribe] was increasing." 

7. Huddleson concluded the email by asking Pattison, "Let me laow where we need to go 

from here. certainly didn't get any direction [from the BC] last night." 

8. Icenna Smith, former Casiilo promotions manager, recalls that at the beginning of Carl 

Noon's tenure as General Manager, Noon told her he was unhappy because Sam Rowe 

of Finley & Cook reported casino financial information directly to Vazquez, rather than 

to Noon. 

9. Titan monthly reports detailed its substantial input and influence over the Casino 

budgeting process: 

Sept 2005: Developed 3 year budget 

June 2006: Begin preparation of new operating budgets for fiscal 

years ended September 30 2007,2008 and 2009 

Sept. 2006: Completed preparation of new Operating Budgets for 

fiscal years ended September 30,2007-2009 for BC 

review and approval 

July-Aug 2006: . Completed preparation of new operating budgets for 

2007-2009 

Feb. 2007: Created budgeting process 

Sept. 2007: Continued to develop three year budgets 

0ct.-Dec. 2007: Prepared operating budget for year ended September 30, 

2008 
March 2009: Prepared operating budget for year ended September 30, 

2010 

Dec. 2010: Prepared operating budget for year ended September 30, 

2010 

10. TitanIMercury actively managed the Casino budget from September 6, 2005 to 

December 3 1,2010 without a management contract approved by the Chair in violation 

of IGRA and NIGC: regulations. 25 U.S.C. 5 2710(d)(9); 271 1, and 25 C.F.R. 

5 573.6(a). 

11. Furthermore, the Tribe allowed TitanJMercury to actively manage the Casino budget 

without an approved management contract fiom August, 2005 to December, 31,2010, 

in violation of IGRA and NIGC regulations, 25 U.S.C. 5 2710(d)(9); 271 1, and 25 

C.F.R. 3 573.6(a). 

H. Measures Required to Correct the Violations 

There is no cure for these violations. Titan and Mercury either directly managed part of the 

Casino or acted as de j~ure managers of part of the Casino, and such actions cannot be cured. 

There is no cure for the fail~ure to timely submit the Management Agreement because the time 

to submit the Management Agreement has lapsed. 

I. Appeal 

Within 30 days after service of this NOV, any party served with this NOV 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. Appellants have a right to assistance of counsel in such an 

appeal. A notice of appeal must reference this Notice of Violation. 

Within ten days after filing a notice of appeal, an Appellant 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 an 

Appellant wishes to present oral testimony or witnesses at the hearing, it 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. An appellant may waive its right to 

an oral hearing and instead elect to have the matter determined by the Con~mission solely on 

the basis of written submissions. 

J. Fine-Submission of Information 

The violations cited above may result in the assessment of a civil fine against the Tribe and 

Respondents in an amount not to exceed $25,000 per violation per day. Under 25 C.F.R. 
5 575.5(a), the Tribe and Respondei~ts may subinit written information about the violation to 

the Chairwon~an within 15 days after service of this notice of violation (or such longer period 

as the Chairwoman nmy grant for good cause). The Chairwoman shall consider any 

infor~nation submitted in determining the facts surrounding the violations and the amount of the 

civil fine, if any. 

Dated this &<August, 2012 

#kA(' 

Tracie L. Stevens, Chairwoman 

cc: Alan Scott, Chairman, Thlopthlocco Tribal Town Tribal Gaming Commission (Agent for Service) 
Certificate of Service 

I certify that this Notice of Violation was sent by certified U.S. mail and retunl receipt 

requested, on this &day of August 2012 to: 

George Scott, Town King 

Thlopthlocco Tribal Town 

PO Box 188; Clearview Road 

Okemah, Oklahoma 74859 

Alan Scott, Tribal Gaming Commission 

Chairman Thlopthlocco Tribal Town 

P.O. Box 188 

Okeinah, Oklahoma 74859 

S & 13 Atlanta, LLC, Agent for Service 

Mercury Gaming Group, LLC 

3348 Peachtree Road, NE, Suite 900 

Atlanta,GA 30328 

Michael R. Gavenchak, Agent for Service 

The Titan Network, LLC 

303 Peachtree Street NE 

2800 Suntn~st Plaza 

Atlanta. GA. 30308 

Michael R. Gavenchak 

325 Crooked Stick Drive 

Alpharetta, GA 30004 

Anthony DeMartino Jr. 

410 Park Creek Way 

Alpharetta, GA 30022 

Douglas Philip Pattison 

3410 Galt Ocean Dr #1503N 

Ft. Lauderdale, FL 33308 

Adelino J. Vazquez 

960 East Paces Ferry Road 

Atlanta, GA 30326