NOTICE OF VIOLATION 

Ref No.: NOV-99-02 

January 14, 1999 

VTX FLY .AND CERTIFIED MAIL 

To: Dean Mike, Chairman 

Twenty-Nine Palms Band of Mission Indians 

46-200 Hamson Street 

Coachelle, CA 92236 

Fax (760) 775-4639 - 

Respondent 

1. Under National Indian Gaming Commission (hereinafter rnfe--A ' - I- "NfK"; 

regulations, the Chairman may issue a notice of violation to any persor. .or tioiation of any Qusu ' provision of the Indian Gaming Regulatory Act (hereinafter referred to as "IGRA") or 

NIGC regulation or any provision of the tribal ordinance or resolution approved by the 

Chairman. 25 C.F.R fj 573.3. 

2. The Chaixman hereby gives notice that the Twenty-Nine Palms Band of Mission Indians 

(hereinafter referred to as the "Tribe" or the "Respondent") is in violation of IGRq its 

tribal gaming ordinance1 and NIGC regulations as follows: 

a. The IGRA states that a tribe may engage in gaming if, among other requirements, 

a tribe's approved gaming ordinance requires submission to the hiGC of an annual 

independent audit of the gaming operation. 25 U.S.C. tj 271 0(b)(2)(C) and 

(d)(2)(A). 

b. Section 607 of the Approved Ordinance requires the Tribe to arrange for an annual 

outside audit and Section 305 authorizes gaming consistent with the provisions of 

IGRk 

c. MG€ regulations require that a tribe cause to be conducted annual independent 

audits of the financial statements of each gaming operation on Indian lands and 

submit a copy of the audit report(s) and any management letter(s) settin, 0 forth the 

br 

On November 4, 1993, the Tribe adopted a ~aming ordinance (hereinafter referred to as 

the "Approved Ordinance") which was approved by the Chairman of the ZUiGC on January 4, 

1994 (attached as Exhibit 1). 
results of the annual audit(s) to the MGC within 120 days after the end of each 

fiscal year. 25 C.F.R $5 571.12-13. 

d. As of the date of this Notice of Violation (hereinafter referred to as "NOV"), the 

NIGC has not received the Respondent's audit report and management letter for 

Spotlight 29 Casino for the fiscal year ended February 28, 1998. These items were 

due to the MGC no later than June 28, 1998. 

I. On October 2, 1998, the Tribe submitted an unsigned draft copy of the 

Spotlight 29 Casino audit report for the fiscal year ended February 28, 

1998. In the letter submitted with this draft copy, Mr. Gene Garnbaie, Vice 

President and General Counsel for the Tribe, stated that the final copy 

would be forwarded in the near future. . . 

u. On December 2, 1998, the MGC called Mr. Gambale and informed him 

that the NIGC still had not received the audit report for the fiscal year 

ended February 28, 1998, nor the management letter. Mr. Gambale said the 

items would be sent to the MGC. To date, the items have not been 

received by the NIGC. 

e. As of the date of this NOV, the MGC has not re-'- .-' 'he T2 - ~ndent's zudit 

report and management letter for Spotlight 29 Casino for the hscal year ended 

February 29, 1996, and including the period of January 2, 1995 (date of 

commencement of operation) to February 28, 1995. These items were due to 

the NIGC no later than June 28, 1996. 

I. The records indicate that as of this date, the Twenty-Nine Palms Band of 

Mission Indians submitted an unsigned, draft copy of the Spotlight 29 

Casino audit report for the fiscal year ended February 29, 1996, and 

including the period of January 2, 1995 (date of commencement of 

operation) to February 28, 1995. The NIGC has not received a final 

signed copy of this audit report nor any management letter. 

f. Unsigned, draft copies of audit reports do not satisfy the requirements at 25 

C.F.R. $3 571.12-13. 

3. The measures required to correct the ongoing violation are: 

a. The Respondent must submit the audit report and any management letter for 

Spotlight 29 Casino for the fiscal year ended February 28, 1998, to the h?GC 

within ten (1 0) days. 

b. The Respondent must submit the audit report and any manazement letter for 

Spotlight 29 Casino for the fiscal year ended February 29, 1996, and including - the 
period of January 2, 1995 (date of commencement of operation) to February 28, 

1995, to the MGC within ten (10) days. 

The audit reports and management letters should be submitted to: Chairman, National 

Indian Gmng Commission, 1441 L Street, NW, 9th Floor, Washington, DC 20005. 

4. The violations cited in this NOV may result in the assessment of civil fines against the 

Respondent in an amount not to exceed 325,000 per violation per day. Under 25 C.F.R. 

$ 575.5(a), the Respondent may submit written informatiorr 2bl-l!t '' '-'?+inns to the 

NIGC Chairman within 15 days after service of this NOV (or such lonzer pencc; as the 

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

information submitted in determining the facts surrounding the violations and the amount 

of the civil fine, if any. Such information should be subrnitted to the address set forth in 

paragraph 3. 

The Respondent may appeal the allegations contained in this NOV to the MGC within 30 

days after service of this NOV. 25 C.F.R Part 577. The Respondent may appeal the 

allegations by submitting a Notice of Appeal to the MGC at the address set forth in 

paragraph 3 above. The Respondent has a right to be represented by counsel in such an 

appeal. A Notice of Appeal must reference this NOV. Within ten (10) days after filing a 

Notice of Appeal, the Respondent must file with the NIGC a supplemental statement that 

states with particularity the relief desired and the grounds therefore and includes, when 

available, supporting evidence in the form of affidavits. 

If' the Respondent wishes to present oral testimony or witnesses at a hearing, the 

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

to present oral testimony must spec@ the names of the proposed witnesses and the 

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

why. The Respondent may waive the right to an oral hearing and instead elect to have the 

matter determined by the NIGC solely of the basis of the written submissions. 

6. A copy of the regulations cited in this NOV is attached for your information. 

/- I Y-77 

Montie R Deer, Chairman Date 

National Indian Gaming Commission 

Mai Dinh, MGC Attorney 

(202) 632-7003 

Fax (202) 632-7066