NATIONAL INDIAN GAMING COMMISSION 

NOTICE OF VIOLATTON 

TO: Ha-Chunk Nation 

Attn: WiIfrid CleveIand, President 

(AGENT FOR SERVICE OF PROCESS) 

PO Box 667 

Black Rivcr Falls, Wisconsin 546 15 

FAX: (715) 284-9805 

EIo-Chunk Nation Gaming Commission 

Attn: Sharon Whitebear 

PO Box 667 

Black River Falls, Wisconsin 546 15 

FAX: (715) 284-7550 

I. Notification of Violation 

The Chairman of the National Indian Gaming Commission (NYGC) hercby gives notice 

that the Ho-Chunk Nation (Respondent or Tribe), located in Black River Falls, 

Wisconsin, has vioIated NlGC regulations by failing to submit time1 y quarterly 

statements and the requisite fee payments for the first, second, third, and fourth quarters 

of calendar year 2008 for five gaming operations. 

2. Authority 

Under the Indian Gaming Regulatory Act (IGRA) and NTGC regulations, the Chairman 

of the NIGC (Chairman) may issue a Notice of Violation (NOV) to any person For 

violation of any provision of the IGRA, NIGC regulations, or any provision of a tribal: 

gaming ordinance or resolution approved by the Chairman. 25 U.S.C. Ij 2713; 25 C.F.R. 

g 573.3. 

3. Applicahlc Federal Laws 

A. TGRA rcquircs the NIGC to establish a schedule of fees to be paid to the 

Commission annually by each gaming operation that conducts a cIass I1 or class 

111 gaming activity. 25 U.S.C. $271 7. 
B. NIGC regulations require that each gaming operation under the jurisdiction of the 

Commission shall pay to the Commission annual fees as established by the 

Commission. 25 C.F.R. 5 5 14.1 (a). 

C. Each gaming operation subject to the jurisdiction of the Commission and not 

exempt from paying fees pursuant to the seIf-regulation provisions shall fiIe with 

the Commission a quarterly statement showing its assessable gross revenues for 

the previous calendar year. 25 C.F.R. 8 5 14.1 (c). 

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

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

jurisdiction of the NIGC. 25 C.F.R. 5 5 14.1 (~112). The quarterly statements shall 

be transmitted to the Commission and arrive no later than the due date. 25 C.F.R. 

5 514.l(c)(4). 

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

fees due each quarter with the quarterly statement. 25 C.F.R. 3 5 14.1 (c)(5). 

F. NIGC regulations define "gaming operation" as "each economic entity that is 

licensed by a tribe, operates the games, receives the revenues, issues the prizes 

and pays the expenses." A gaming operation may be operated by a tribe directIy; 

by a management contractor; or, under certain conditions, by another person or 

otherentity. 25 C.F.R. $ 502.10. 

4. Role of Quarterlv Fees and Quarterly Statements 

The annual fees collected by the NIGC are necessaFy in order to fund the agency's 

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

submitted by Tndian gaming operations, NIGC must set a Tee rate sufficient to fund its 

annual budget. yet may not exceed the fee cap set by Congress. Thus, it is imperative 

that the NIGC receive quarterly statements from the gaming operations in a timely 

manner so that the NIGC is able to set accurate preliminary and final fee rates. 

5. Circumstances of the Violation 

A. Respondent is a federally recognized Indian Tribe with tribal headquarters in 

Black River Falls, Wisconsin. 

B. The Tribe operated its gaming operations, Ho-Chunk Bingo and Casino, Majestic 

Pines Bingo and Casino, Whitetail Grossing Casino, Dejope Bingo, and Rainbow 

Casino, during all of 2007 and 2008 through December 3 1,2008. 

C. The NIGC received untimcIy quarter1 y statements and fee payments for HoChunk Bingo and Casino as follows: 

For the quarter ending March 3 1,2008 on May 2,2008,33 days Iate 
For the quartet ending June 30,2008 on July 15,2008, 15 days late 

For the quarter ending September 30,2008 on October 20,2008,20 days late 

For the quarter ending December 31,2008 on January 23,2009,23 days late 

D. The NIGC received untimely quarterly statements and fee payments for Majestic 

Pines Bingo and Casino as foIlows: 

For the quarter ending March 3 1,2008 on May 2,2008,33 days late 

For the quarter ending June 30,2008 on July 1 5,2008, 1 5 days late 

For the quarter ending September 30,2008 on October 20,2008,20 days Iate 

For the quarter ending December 3 1,2008 on January 23,2009,23 days late 

E. The NIGC received untimely quarterly statements and fee payments for Whitetail 

Crossing Casino as follows: 

For the quarter ending March 3 1,2008 on May 2,2008.33 days late 

For the quarter ending June 30,2008 on July 15,2008, 15 days late 

For the quarter ending September 50,2008 on October 20,2008,20 days Iate 

For the quarter cnding December 3 1,2008 on January 23,21109.23 days late 

F. The NIGC received untimely quarterly statements and fee payments for Dejope 

Bingo as follows: 

For the quarter ending March 3 1,2008 on May 2,2008,33 days late 

For the quarter ending June 30,2008 on July 15,2008, 15 days late 

For the quarter ending September 30,2008 on October 20,2008,20 days Iate 

For the quarter ending December 3 1,2008 on January 23,2009,23 days late 

G. The NIGC received untimely quarterly statements and fee payments for Rainhow 

Casino as follows: 

For the quarter ending March 3 1,2008 on May 2,2008,33 days late 

For the quarter ending June 30,2008 on JuIy 15,2008, 1 5 days Iate 

For the quarter ending September 30,2008 on October 20,2008,20 days late 

For thc quarter ending December 3 l, 2008 on January 23,2009,23 days late 

H. Untimely submission of quarterIy statements and the requisite fee payments are a 

violation of NIGC se~wIations. 

6. Measures Required to Correct the Violation 

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

statements and fees, improved controls to ensure timely submission of future quarterly 

statements and fees should be put in place. 
7. Appeal 

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

to the fuII 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, I441 L Street 

NW, Ninth Floor, Washington, DC 20005. Respondent has a right to assistance of 

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

Within ten (10) days after filing a notice of appeal, Respondent 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 Respondent wishes to present oral testimony or witnesses at the hearing, 

Respondent must include a request to do so with the supplemental statement, The request 

to present oral testimony or witnesses must specify the names of proposed witnesses and 

the genera1 nature of their expected testimony, whether a closed hearing is requested and 

why. Respondent may waives its right to an oral hearing and instead elect to have the 

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

8. Fine-Submission of Information 

The violation cited above may result in the assessment of a civil fine against Respondent 

in an amount not to exceed $25,000 per violation per day. Under 25 C.F.R. 5 575.5(a). 

Respondent may submit written information about the violation to the Chairrnan within 

fifteen (1 5) days after service of this notice of violation (or such longer period as the 

Chairman may grant for good cause). The Chairman shall consider any information 

submitted in determining the facts surrounding the violation and the amount of the civil 

V 

Chairman 

Staff Attorney 
Certificate of Service 

I certify the this Notice of Violation was sent to the following by facsimile transmission and 

certi ficd U.S. mail, return rcccipt requested this 28th day of January, 2009. 

Ho-Chunk Nation 

Ath: Wil ftid Cleveland. President 

(A3ent far Service of Process) 

P.O. Box 667 

Black River Falls, Wisconsin 546 15 

Fax: 7 1 5-284-9805 

Ho-Chunk Nation Gaming Commission 

Attn: Sharon Whitebear 

P.O. Box 667 

Hack River Falls, Wisconsin 5461 5 

Fax: 715-284-7550 

r 

; QLL (Ccv 

~rance~~~ua ' 

Office of the General Counsel 

National Indian Gaming Commission 

1441 L Street, NW - Suite 9100 

Washington, D.C 20005