NATIONAL INDIAN GAMING COMMISSION 

NOTICE OF VIOLATION 

TO: Brandon Same Sr. (Agent for Sewice of Process) 

Chairman 

Crow Creek Sioux Tsibe 

PO Box 50 

Fort Thompson, SD 57339 

FAX: (605) 245-2470 

Tina Grey Owl 

Chaiman 

Crow Creek Gaming Commission 

PO Box 437 

Fort Thompson, SD 57339 

FAX: (605) 245-2647 

I. Notification of Violation 

The Chairman of the National Indian Gaming Commission WGC) hereby gives notice 

that the Crow Creek Sioux Tribe (Respondent ar Tribe), located in Fort Thompson, South 

Dakota, has violated NIGC regulations by failing to timely submit quarterly statements 

and fee payments for all quarters of calendar year 2008. 

2. Authority 

Under the Indian Gaming Regulatory Act (IGRA) and NIGC 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 

earning ordinance or resolution approved by the chairman. 25 U.S.C. 5 271 3; 25 C.F.R. L 

fi 573.3. 

3. Applicable Federal Laws and TrfbaI Ordinance Provisions 

A. ICRA requires the NTGC to estabIish a schedule of fees to be paid to the 

Comission annually by each gaming operation that conducts a class 11 or class 

JIl gaming activity. 25 U.S.C. 8 27 17. 

B. NIGC regulations require that eadl gaming operation under the jurisdiction of the 

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

Commission. 25 C.F.R. 514.1 (a). 
C. Each gaming operation subject to the jurisdiction of the Commission and not 

excrnpl from paying fees pursuant to the self-regulation provisions shaII file with 

the Commission a quarterly statement showing its assessable gross revenues for 

the previous calendar year. 25 C.F.R. $5 14. T (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 NJGC. 25 C.F.R. $5 14.1 (c)(2). The quarterly statements shalI 

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

$- 5 14,1(c)(4), 

E. WlGC regulations requirc each gaming operation to remit to thc Commission the 

fees due each quarter with the quarterly statement. 25 C.F.R. 4 5 14.1 (c){S). 

F. The NIGC may assess a penalty for failure to file timely a quarterly statement. 25 

C.F.R. 9 5 14.1 (c)(9$. 

G. MGC regulations define "gaming operation" as '"each economic entity that is 

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

and gays 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. 5 502.10. 

4. Role of Quarterly Fees and Quarterly Statements 

The annual fees coIIected 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. WGC must set a fee rate sufficient to fund its 

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

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

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

5. Circumstances of the Violation 

A. Respondent is a federally recognized lndian tribe with tribal headquarters in Fort 

Thompson, South Dakota. 

B. The Tribe operated its gaming operation, Lode Star Casino, during all or part of 

2007 and 2008. 

C. The WGC received untimely quarterly statements and fee payments for the hde 

Star Casino as follows: 
For the quarter ending March 3 1,2008, NIGC received statements and 

fees February 20,2009,326 days late. 

For the quarter ending June 30,2008, NIGC received statements and 

fees February 20,2009,235 days late. 

For the quarter ending September 30,2008, NIGC received 

statements and fees February 20,2009, 1 43 days Iate, 

For the quarter ending December 3 I, 2008, NTGC received 

statements and fees February 20,2009,51 days Iate. 

13. By failing to submit timely statements and fees, the Tribe has violated NIGC 

regulations. 

6. Measures Requited to Correct the Violation 

While there is na remedial action that can correct the untimely submission of quartcrIy 

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

statements and fee shouId be put in place. 

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

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

Within ten (1 0) 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 availabIe, 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 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. 9 575.5(a3, 

Respondent may submit written inionnation about the violation to the Chairman within 

fifteen (15) days after service of this notice of violation (or such longer period as the 
Chairman may pt for good cause). The Chairman shall consider any infomation 

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

fine, if any. 

9. Assessment of Interest 

Interest may be assessed at rates set by the Secretary of the Treasury on amounts 

remaining unpaid afier their due date. 3 1 U.S.C. 5 37 1 7 and 25 C.F.R. 9 5 14.1 (c)(10). 
Certificate of Service 

I certify that this Notice of Violation (NOV-09- 1 61 was sent to the following by facsimile 

transmission and Certified U.S. mail. Rchlm Receipt Requested this day of April, 2009. 

Brandon Same, Sr., Chairman 

Agent for Service of Process 

Crow Creek Sioux Tribe 

P.O. Box 50 

Fort Thompson, South Dakota 57339 

Fax: 605-245-2470 

Tina Grey Owl, Chairman 

Crow Creek Gaming Commission 

P.O. Box 437 

Fort Thompson, South Dakota 57339 

Fa: 605-245-2647 

8," Frances ~aua 

Office of the General Counsel 

National Indian Gaming Commission 

1441 L Street, NW - Suite 9 100 

Washington, D.C 20005 

202-632-7003