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In the Matter of 

Seminole Tribe of Florida, Respondent 

regarding an Indian gaming operation in 

Immokalee, Florida 

STIPULATED NOTICE OF VIOLATION AND AGREED CIVIL FINE ASSESSMENT 

To: The Honorable James E. Billie, Chairman 

Seminole Tribe of Florida 

6300 Stirling Road 

Hollywood, FL 33024 

NOTICE 

1. Pursuant to the Indian Gaming Regulatory Act ("IGRA or "Act"), and by virtue of 

authority vested in the Chairman of the National Indian Gaming Commission ("NIGC"), 

the Chairman hereby gives notice that the Seminole Tribe of Florida (hereafter referred 

to as the Tribe), located in Hollywood, Florida, are in violation of Section 2711 of Title 25 

of the United States Code, and regulations adopted by the NIGC pursuant to its authority 

under the Act. 

2. The circumstances of the violations are: 

A. The Tribe operates a gaming facility on Indian land in Irnmokalee, Florida. 

B. In February 1994, Pan American & Associates Ltd. ("Pan American") began 

managing the Tribe's gaming facility in Immokalee, Florida. Thereafter, a 

management agreement dated August 25, 1994, was executed by James 

Billie for the Tribe and Jim R. Clare on behalf of Pan American. That 

agreement appeared to formalize the arrangement whereby Pan American 

managed the Immokalee Indian gaming operation for the Tribe. Although 

the agreement recited that it would become effective upon approval by the 

Chairman of the National Indian Gaming Commission, such approval was 

not obtained. 

C. Thus, from February 1994, until February 1999, Pan American did manage 

the Tribal gaming operation at Immokalee, Florida without a management 

contract approved by the Chairman of the National Indian Gaming 

Commission. 
D. Such a management arrangement constituted a violation of 25 U.S.C. § 2711, 

and 25 C.F.R. Part 533. 

3. To correct this continuing violation the Tribe shall ensure 1) that no direct or 

indirect financial connection exists between Pan American and any person employed at 

the Immokalee gaming operation, and 2) that Pan American exercise no control or 

authority over employees of the Immokalee gaming operation. 

AGREEMENT FOR SETTLEMENT 

4. This Agreement (Agreement) is entered into by and between the Seminole Tribe 

of Florida by a duly authorized office or agent and the Chairman of the National Indian 

Gaming Commission (Chairman), relating to the role of Pan American in the Tribe's 

gaming operation at Immokalee, Florida, from February 1994, to February 1999. 

5. This Agreement is entered pursuant to 25 C.F.R. 9 575.6(b). The Agreement shall 

be effective upon signature by all parties and receipt of payment by the National Indian 

Gaming Commission. 

6. Respondent admits the facts set forth in Paragraphs One (1) and Two (2) above and 

that NIGC possesses jurisdiction over this action. 

7. Respondent is aware of its rights to: 

a. submit written information about the violation to the Chairman prior to 

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

fifteen days after the issuance of a notice of violation to do so) under 25 

C.F.R. § 575.5; 

b. appeal the notice of violation to the Commission under 25 C.F.R. § 577; 

c. obtain a hearing to contest the matter under 25 C.F.R. 5 577; 

d. seek a reduction or waiver of a civil fine under 25 C.F.R. § 575.6; and 

e. appeal any final determination by the Commission to a federal district court. 

8. Respondent nevertheless waives the rights specified above and any other right to 

seek judicial review or otherwise challenge or contest the Chairman's actions under this 

agreement. Respondent also waives any right to have the Chairman provide his written 

analysis of the factors to be considered in assessing a civil fine set forth under 25 C.F.R. 

g 575.4. 

9. Respondent affirms that Pan American has ceased all involvement in the 

Immokalee gaming operation. 
10. The Tribe and the Chairman are desirous of resolving the matter without the costs 

w and uncertainties of formal administrative and judicial proceedings. 

11. If this agreement is accepted by the Chairman, the Chairman will issue a Civil Fine 

Assessment which shall become a final order of the Commission and shall contain the 

following text: "CML FINE ASSESSMENT - Pursuant to the Indian Gaming Regulatory 

Act ("IGRA" or "Act"), and by virtue of authority vested in the Chairman of the National 

Indian Gaming Commission ("NIGC"), the Chairman has found the Seminole Tribe of 

Florida (hereafter referred to as the Tribe), located in Hollywood, Florida, to be in violation 

of Section 2711 of Title 25 of the United State Code, and regulations adopted by the NIGC 

pursuant to its authority under these laws. Accordingly, Respondent shall pay civil fines 

as follows: The Tribe shall pay the sum of three million dollars ($3,000,000.00). Pan 

American has agreed to return to the Tribe the sum of two million dollars ($2,000,000.00) 

which shall constitute a return of income from the Immokalee operation. Pan American 

has ceased all involvement in the Immokalee gaming operation." 

12. This agreement shall not become public unless and until it is accepted by the 

Chairman. This agreement contemplates that if it is accepted by the Chairrnan, the 

Chairman will, without further notice to the Respondent, simultaneously issue the Notice 

of Violation (set forth in Paragraphs One (1) through Three (3) above), and the Civil Fine 

Assessment (set forth in Paragraph Eleven (11) above. At such time as they are executed 

by the Chairman, these documents become a matter of record. 

( the ~rilal Council 

Seen 'wed: 

PAN AMERICAN & ASSOCIATES LTD. 

by and through its General Partner 

Pan American & Associates, Inc. 

Jim R. Clare, President 

A fl 6~1 

Montie R. Deer 

Cha i man 

National Indian Gaming Commission