NATIONAL INDIAN GAMING COMMISSION 

NOTICE OF VIOLATION 

TO: PokagonBandofPotawatomi Indians 

Attn: John Miller, Chairman 

(AGENT FOR SERVICE OF PROCESS) 

58620 Sink Road 

Dowagiac, Michigan 49047 

FAX: (269)782-9625 

Pokagon Band Gaming Commission 

Attn: Steve DuCharrne, Chairman 

10528 Mat~dIin Road 

New Buffalo. Michigan 491 1 7 

FAX: (269) 926-547 1 

1 . Notification of Violation 

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

that the Pokagon Band of Potawatorni Indians (Respondent or Tribe), located in 

Dowagiac. Michigan, has violated NIGC replations by Sailing to submit timely quasterly 

statcments and Fcc payments for the quarters ending March 3 1, June 30, and December 

3 1 for Calendar Year 2008. 

2. Authority 

Under the Indian Gaming Regulatory Act (IGRA) and NIGC seplalions, the Chairman 

of the NIGC (Chairman) may issue a Notice of Violation WOV) to any person for 

violation of any provision of the IGRA, NlGC regulations. or any provision of a tribal 

gaming ordinmcc or resoIution approved by the Chairman. 25 U.S.C. FC; 27 13; 25 C.F.R. 

3 573.3. 
3. Applicable Federal Laws 

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

Commission annually by cach gaming operation that conducts a class 111 or class 

111 gaming activity. 25 U.S.C. 4 2717. 

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. Jj 514.l(a). 

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

exempt from paying fees pursuant to the self-reguIation provisions shall file with 

the Commission a quasterly statement showing its assessable gross revenues for 

the previous calendar year. 25 C.F.R. 5 I 4.1 (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 ta the 

jurisdiction of the NIGC. 25 C.F.R. 5 51 4.1 (cS(2). The quartcrIy statements shall 

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

514.1(~)(4). 

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

fees due each quarter with the quarterly statement. 25 C.F.R. $ 5 1 4.1 (c)(5). 

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

licensed by a tribe, operates the games, rcceives the revenues. issues the prizes 

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

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

other entity. 25 C.F.R. 8 502.1 0. 

4. Role of Quarterly Fees and Quarterly Statements 

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

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

submitted by Indian gaming operations. NIGC must set a fee rate suffjcient 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 federal1 y recognized Indian Tribe with tribal headquarters in 

Dowagiac. Michigan. 
B. The Tribe operated its gaming operation, Four Winds Casino. during all or part of 

2007 and 2008. 

C. The NIGC received an untimeIy quarterIy statement and fee payment for the 

quarter ending March 3 1,2008 on April 2,2008,2 days late. 

D. The NIGC received an untimely quarterly statement and fee payment for the 

quarter ending June 30,2008 on July 15,2008. 15 days Iate. 

E. The NIGC received an untimeIy quarterly statement and requisite fee payment for 

the quarter ending December 3 1.2008 on January 22,2009.22 days Iate. 

F. The failure to submit timely quarterly statements and fee payments are a violation 

of NJGC regulations. 

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. 

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

to the full Commission under 25 C.F.R. Part 577 by submitting a notice of appeal, and, if 

desired, request for hearing to the National Indian Gaming Commission, 1441 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 VioIation. 

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

Commission a supplemental statement that states with particularity the rcIief 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 general 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 dctcrmined 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 Chairman 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 

fine. if any. 

@/PW HEATI 1ER L. MCMILLAN 

Staff ,4tt.omey 
Certificate of Service 

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

certified U.S. mail, return reccipt requested this 28th day of January, 2909. 

Pokagon Rand of Potawatomi Indians 

Attn: John Miller, Chairman 

(AGENT FOR SERVICE OF PROCESS) 

58620 Sink Road 

Dowagiac, Michigan 49047 

Pokagon Bad Gaming Commission 

Attcn: Steve DuChame, Chairman 

10528 Maudlin Road 

New Buffalo, Michigan 49 1 17 

I - Frances ~ra'ga L/ J 

Office of the General Counsel 

National Indian Gaming Commission 

1441 L Street, NW - Suite 9100 

Washington, D.C 20005