SETTLEMENT AGREEMENT 

This Settlement Agreement ("Agreement") is entered into by and between Adelino bVazquez and the Chainvotnan of the National Indian Gaming Commission ("NIGC Chair" or '1,) 

"Chairwoman"), relating to the matters contained in the NIGC Chairwoman's Notice of 9 

Violation No. NOV- 12- I. \ 

\ 

\9 

RECITALS 

1. Whereas, the Indian Gaming Regulatory Act, 25 U.S.C. 5 2701 et seq. ("IGRA"), 

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

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

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

U.S.C. 5 2713(a)(l). 

2. Whereas, under the regulations of the NIGC, 25 C.F.R. 5 573.3(a), the NIGC 

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

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

ordinance or resolution approved by the Chairwoman. 

3. Whereas, under NJGC regulation, 25 C.F.R. 5 573.6(a)(7), it is a substantial violation 

of IGRA for a third party to manage all or part of an Indian gaming operation without a 

contract approved by the NIGC Chair. 

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

Adelino Vazquez, along 'Titan Nelworlc LLC ("Titan"), Mercury Gaming Group LLC 

("Mercury"), Michael Gavenchak, Anthony DiMartino and Douglas Pattison, managed 

thc Thlopthlocco Tribal Town's (Tribe) gaming facility, known as the Golden Pony 

Casino ("Gaming Facility"), from on or about September 6, 2005 to and including 

December 3 1,201 0, without a management contract approvcd by the NIGC Chair. 

5. Whereas, Adelino Vazquez and the NIGC Chairwoman desire lo resolve this matter 

without undertaking the burdens, costs, risks and uncertainties associated with formal 

ad~ninislrative and judicial proceedings. 

6. Therefore, based on the above and [oregoing as well as ihe terms set out herein and 

below, the NIGC Chairwoman and Adelino Vazquez have agreed to execute this 

Agreement and perform in accordance with the following covenants and conditions: 
TERMS OF SETTLEMENT 

7. This Agreement is entered into by Adelino Vazquez and the NIGC Chairwoman pursuant 

to 25 C.F.R. 8 584.10 and shall be effective upon execution by the parties ("Effective 

Date"). . 

8. Adelino Vazquez acknowledges that IGRA and NIGC regulations authorize a third party 

to manage a gaming operation or a part thereof only under a management contract that 

has been approved by the NIGC Chair. 

9. Adelino Vazquez agrees that the NIGC possesses jurisdiction over this action, and that 

the NIGC Chairwoman has authority to levy and collect civil fines for such violations. 25 

U.S.C. 5 2713(a). 

10. Adelino Vazquez agrees that he shall not be employed nor shall he enter into any 

consulting or other work with the Tribe now or at any time in the future. 

11. Adelino Vazquez agrees that he shall not be employed nor shall he enter into any 

consulting or other business with any Indian gaming operation for a period of one 

year, which period began at midnight on November 1,2012 and expires at midnight on 

October 31,2013. 

12. Adelino Vazquez agrees to report quarterly in writing to the NIGC of all contacts 

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

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

partnership, or any other cntily, with any Indian Tribe regarding employment, consulting, 

development, financing, equipment leasing or any other business involvement in tribal 

gaming operations for a period of three years from the datc of this Agreement. 

13. If Adelino Vazquez, either personally, or as part owner or partner or shareholder, whether 

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

contracts with or otherwise enters into any working relationship or agreement that 

involves gaming activity with any Indian Tribe, he shall advise the NIGC, within thirty 

(30) days of the starting date of such employment or agrccnlent or working relationship, 

in writing of the nature ofthe employment, agreement, or relationship and shall submit 

for NIGC review all employment, consulting, development, finance, equipment lease or 

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

management contractors. Mr. Vazquez agrecs that this provision shall apply for a period 

of three years from the datc of this Agreement. 
14. Adelino Vazquez agrees to a civil fine in the amount of One Hundred and Fifty Thousand 

Dollars ($1 50,000.00), which shall be suspended so long as there is complete co~iipliance 

with each and every term ofthis Agreement. 

15. Adelino Vazquez agrees to provide full cooperation to the NIGC in relation to the 

pending administrative appeal involving TitanlMercu~y, Anthony DeMartino, Jr., 

Michael Gavenchak, and Doug Pattison arising out of NOV 12-1 against TitanMercury, 

Anthony DeMartino, Jr., Michael Gavenchak, and Doug Pattison for managing the 

Gaming Facility without an approved management contract from September 6, 2005, 

to and including December 31, 2010. Such cooperation includes but is not limited to: 

(I) providing NIGC all documents or other evidence in Adelino Vazquez's possession 

related to the acts at issue in the above administrative appeal; and (2) making himself 

available for interviews, declarations and testimo~iy for purposes of the matters described 

in this provision. Adelino Vazquez represents that he has provided all documents or 

other materials requested by the NIGC and related to this matter and also represents that 

no other documents responsive to the request of the NIGC andlor related to this matter 

are within his possession, custody or control. The NTGC specifically acknowledges that 

as of the date of this Agreement Mr. Vazquez has provided documents or other materials 

in response to the request by the NIGC. 

16. Adelino Vazquez is aware of his rights to: 

A. Submit written information about the violalion to the Chairwoman prior to 

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

fifteeli (1 5) days after the issuance of a nolice or violation to do so under 

25 C.F.R. IJ 575.5; 

B. Appeal the notice or violation to the lull Commission under 25 C.F.R. 

Part 584 or 585; 

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

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

E. Seek judicial review of any final determination by the hll Comrnissio~i 

pursuant to 25 U.S.C. 5 2714. 

17. In exchange for the terms, conditions, and understandings set forth herein, Adelino 

Vazqucz hcreby waives the rights specified in Section Sixteen (16) of this Agreement 

and any other right to seek judicial review or otlicrwise challenge or contest the 

Chairwoman's actions under this Agreement, including the right Lo have the Chairwoman 

provide her written analysis of the factors to be considered in assessing a civil fine set 

forth under 25 C.F.R. 5 575.4. 

18. Adelino Vazquez further agrees that this Agreement fully resolves his appeal of NOV 12- 

I. To that end, Adelino Vazquez waives all rights to pursue an appeal of thc Presiding 

Official's order relative to this Agrccmcnt; waives all rights to any rurther proceedings 
before the NTGC regarding this matter; and waives all rights to judicial review of such 

proceedings. 

19. After the Effective Date, the NIGC shall inform the Presiding Official that the parties 

have entered into a settlement agreement and shall transmit a copy of the Settlement 

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

the Settlement Agreement and dismiss the administrative appeal. Adelino Vazquez 

consents to the motion to certib the Settlement Agreement and the NIGC may represent 

that such consent is given. 

20. The parties agree that the Presiding Official's certification of the Settlement Agreerne~it 

shall constitute dismissal of the appeal and final agency action pursuant to 25 C.F.R. 9 

584.10(d). 

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

institute further proceedings or actions or assess any additional sanctions against Adelino 

Vazquez for actions or omissions arising out of, or related to, the subject matter of NOV 

12-1 and occurring prior to the Effective Date; provided that, if Adelino Vazquez fails 

to comply with any term or condition of this Agreement, he agrees that the suspended 

portion of the civil fine imposed in Section Fourteen (14) orthis Agreement shall become 

fully due and payable on the date of the breach ofthis Agreement. In such circumstance, 

the NIGC shall issue a written notice to Adelino Vazquez. Adelino Vazquez agrees that 

he waives any rights to an oral hearing under 25 C.F.R. 5 513.6. The NIGC shall provide 

Adelino Vazquez with a reasonable opportunity to submit written material supporting 

a request to reconsider the determination that Adelino Vazquez is in breach of the 

Agreement. 

ADDITIONAL COVENANTS 

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

Adelino Vazquez relating to the enforcement action set forth above, and supersedes all 

prior verbal or written agreements and understandings between the parties related to the 

subject matter hereof. No warranties, representations, covenants, or agreements shall be 

binding upon any party except as sct forth herein. Any modification or waiver of any 

term of this Agreement must be in writing and signed by all the parties. 

23. Adelino Vazquez and the TTGC agree that this Agrcement shall be deemed to be the 

subject of a final order of the NTGC under 25 C.F.R. 5 575.4(c)(l) and a final agency 

action pursuant to 25 C.F.R. 584.10(d). 

24. The NIGC Chairwonian and Adelino Vazquez expressly agree and acknowledge that 

time is of the essence in this Agreement. The recitals herein and above set shall be 

binding upon the parties, their agents, heirs, personal representatives, successors and 

assigns. 

25. The parties agree that, after the EfTective Date, this Agreement shall be a public 

document and may be published or disclosed by either party. 
26. This Agreement may be executed on one or more counterparts and each shall constitute 

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

ctive and binding for purpose of the Agreement. 

Date: 45dB-/3 

For the National Indian Gaming Commission: 

Tracie L. Stevens, Chairwoman 

National Indian Gaming Commission 

06.- lz-/3 

Date: