National Indian Gaming Commission 

NOTICE OF VIOLATION 

To: Carl Venne, Chairman (Agent for Service of Process) 

Crow Tribal Council 

P.O. Box 159 

Crow Agency, MT 59022 

FAX: (406) 638-3773 

Robert Rides A Horse Sr., Chairman 

Crow Tribal Gaming Commission 

P.O. Box 159 

Crow Agenq, MT 59022 

FAX: (406) 638-4467 

Sam S. Painter 

Elk River Law Office, P.L.L.P. 

P.O. Box 928 

Billings, MT 59101 

FAX: (406) 259-3251 

1. Notification of Violation 

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

the Crow Tribe of Montana, also known as the Crow Tribal Counul, Crow Indian Tribe, or 

Crow Nation (Respondent or Tribe), located in Crow Agency, Montana, is in violation of the 

Indian Gaming Regulatory Act (IGRA) and NIGC regulations for failure to conduct 

background investigations, inchding federal criminal history checks, on key employees and 

prirnary management officials, failute to make eligibility determinations of suitability for 

employment in a gaming operation based on sufficient background investigations, and 

I failure to notify the NIGC when it licenses key employees and primary management 

officials. 

Under regulations of the National Indian Gaming Commission, the Chairman of the NIGC 

(Chairman) may issue a Notice of Violation (NOV) to any person for violation of any 
provision of the Indian Gaming Regulatory Act (IGRA), NIGC regulations, or any provision 

of a m%al gaming ordinance or resolution approved by the Chairman. 25 C.F.R. § 573.3. 

3. A~~licable Fderal and Tribal Laws 

A. 25 U.S.C. § 2710@)(2)(F)(i) - IGRA requires that a tribe have in place an 

adequate system to ensure that background investigations are conducted on key 

employees and primary management officials of a gaming operation. 

B. 25 U.S.C. § 2710@)(2)0(iii(I) - IGRA requires that tribal gaming operations 

issue tribal licenses for pritnary management officials and key employees of the 

gaming enterprise with prompt notification to the Commission of the issuance of 

such licenses. 

C. 25 U.S.C. 5 2710@)(2)0(iii(Il) - IGRA requires that a tribal gaming operation 

shall maintain a standard whereby any person whose prior activities, criminal 

record, if any, or reputation, habits and associations pose a threat to the public 

interest or to the effective regulation of gaming, or create or enhance the dangers - 

of unsuitable, unfair, or illegal practices and methods and activities in the 

conduct of gaming shall not be eligible for employment. 

D. 25 U.S.C. $2710@)(2)(F)(iii(III) - IGRA requires that a tribal gaming operation 

notify the Commission of the background investigation results before issuing a 

license to key employees or primary management officials. 

E. 25 C.F.R. § 556.4 - NIGC regulations require that a tribe shall perform a 

background investtgation for each primary management official and for each key 

employee of a gaming operation. 

F. 25 C.F.R. § 522.2(h) and 25 C.F.R. $556.4(a)(14) - NIGC regulations require 

that a tribe shall collect fingerprints from an applicant for a primaq management 

official or key employee position and conduct a criminal history check including 

a check of the criminal history record infonnation maintained by the FBI. 

G. 25 C.F.R § 556.4@) - NIGC regulations require that a tribe shall conduct an 

investigation sufficient to make a suitability determination regarding the licensing 

of the person pursuant to 25 C.F.R. § 558.2. 

H. 25 C.F.R. § 556.5(a) - NIGC regulations require that when a mbe employs a 

primary management official or a key employee, the mbe shall forward to the 

Commission a completed employment application. 

I. 25 C.F.R. § 556.5@) - NIGC regulations require that, before issuing a license to 

an employee, a tribe shall forward to the Commission an investigative report on 

each background investigation including the following. (1) Steps taken in 
conducting a background investigation; (2) Results obtained; (3) Conclusions 

reached; and (4) The bases for those conclusions. 

25 C.F.R. §556.5(c) - NIGC regulations require that a tribe shall include a copy 

of the ebbility determination made by the tribe pursuant to 25 U.S.C. § 558.2 

with the investigative report forwarded to the Commission. 

25 C.F.R. § 558.2 - NIGC regulations require that an authorized tribal official 

shall review a person's prior activities, criminal record, if any, and reputation, 

habits and associations to make a finding concerning the ebbility of a key 

employee or a primary management official for employment in a gammg 

operation. If the authorized mbal official, in applying the standards adopted in a 

tribal ordinance, determines that employment of the person poses a threat to the 

public interest or to the effective regulation of gaming, or creates or enhances the 

dangers of unsuitable, unfair, or illegal practices and methods and activities in the 

conduct of gaming, a management conttactor or a mbal gaming operation shall 

not employ that person in a key employee or primary management official 

position. 

25 C.F.R. § 558.3(a)(l) NIGC regulations require that a tribal gaming operation 

forward the Commission a completed application for employment when a key 

employee or primary management official begins work at a mbal garmng 

operation. 

25 C.F.R. § 558.3(a)(2) NIGC regulations require that a tribe conduct a 

background investigation pursuant to 25 C.F.R. Part 556 to determine the 

eligibility of key employee or primary management official for continued 

employment in a gaming operation. 

25 C.F.R. § 558.3@) NlGC regulations require that, upon completion of a 

background investigation and a determination of ehgibility for employment in a 

gaming operation, a tribe shall forward a report to the Commission within sixty 

(60) days after an employee begins work or within sixty (60) days of the 

Chairman's approval of an ordinance under 25 C.F.R. Part 523. 

25 C.F.R. § 558.3@) NIGC regulations require that a gaming operation shall not 

employ a key employee or primary management official who does not have a 

license after ninety (90) days. 

Section 13.A of the Crow Tribe Gaming Ordinance (CTGO), Resolution No. 

92-26, approved by the NIGC Chairman on February 8,1994, state that mbal 

employee licenses shall be valid for a period of one year. 

Sections 14.A.1 and 14.D.6 of the CTGO requires that an application to receive 

a gaming license shall not be granted unless the Tribal Gaming Commission 

hds that the person is eligible and suitable for work in a gaming facility. 
R. Section 14.B.2.a of the CTGO requires that no primq management official or 

key employee shall be employed in a mbal gaming facility who has not applied 

for and received a tribal license. 

S. Section 14.C.4(13) requires the mbe to conduct FBI criminal history checks 

through processing by a law enforcement agency. The First Amendment to 

CTGO requires the tribe to submit hgerprints for to the NIGC for processing. 

T. Section 14.D.1 of the CTGO requites the Tribal Gaming Commission to 

conduct a background investigation which verifies all information on the 

employment application, and obtain a criminal history record of potential key 

employees and primary management officials. 

U. Section 14.D.2 of the CTGO requires the Tribal Gaming Commission to prepare 

a report listing: (1) Steps taken in conducting a background investigation; (2) 

Results obtained; (3) Conclusions reached; and (4) The bases for those 

conclusions. 

V. Section 14.D.3 of the CTGO requires the Tribal Gaming Comrnission to review 

the background investgation report and make an el&bility determination of 

whether an applicant for a key employee or primary management official position 

is suitable for work in a gaming operation. 

W Section 14.D.4 of the CTGO requires the Tribal Gaming Commission to notlfj 

the NIGC prior to issuing an employee license. 

X. Section 14.D.6 of the CTGO requires that the Tribal Gaming Commission shall 

notify the NIGC prior to issuing a garning license, and shall forward to the 

NIGC the investigative report and a copy of the eligibility determination 

Y. Crow Tribe Description of Procedures Pursuant to C.F.R § 522.2@), (c), (f), Q 

- Background Checks section requires the mbal police to perform criminal 

background checks and to report the criminal history background investigation 

to the NIGC. The Tribal Gaming Commission will perform a civil background 

check and verification, including a full credit report, hnancial institution records, 

and contact of personal references. 

2. Crow Tribe Description of Procedures Pursuant to C.F.R. § 522.2@), (c), (f), (h) 

-Tribal Licensing states that temporary licenses will be valid for only ninety (90) 

days, and that employee licenses shall be valid for a period of one year. 

4. Role of Backmound Investimtions and Em~lovee Licensing 

The background investigation and licensing process for Key Employees and Primary Management 

Officials is crucial to maintaining the integrity of Indian gaming. Submission of the completed 
application, background investigation report, and licensing determination to the NIGC so that it 

may object to the issuance of a license is an integral part of this process as laid out in the IGRA. 

Gaming is a cash intensive business that requires a carefully screened employee base and careful 

implementation of internal controls. The background investigation and licensure process helps 

insure that employees who have access to cash and other gammg resources are worthy of positions 

of trust. Accordingly, under IGRA, the licensure of Key Employees and Primary Management 

Officials is a key tribal governmental responsibility. 

I 5. Circumstances of the Violation 

A. Respondent is a federally recognized Lndian Tribe with triial headquarters in 

Crow Agency, Montana. 

B. Respondent operated its gaming fadty, Little Big Horn Casino (Casino), 

located in Crow Agency, Montana, during all or part of the following years: 

2003,2004,2005, and 2006. 

C. The NIGC received zero (0) copies of completed employment applications 

for a key employee or primary management official for the Casino during all 

or part of 2003,2004,2005, and 2006 despite the hire of new employees 

during those years. 

D. The NIGC received zero (0) background investigation reports for the Casino 

detailing the steps taken in conducting a background investigation; results 

obtained; concIusions reached; and the bases for those conclusions during all 

or part of 2003,2004,2005, and 2006 despite the hire of new employees 

dwing those years. 

E. The NIGC received zero (0) fingerprint cards from the tribe for processing 

and dissemination of Federal Bureau of Information (FBI) criminal history 

information during all or part of 2003,2004,2005, and 2006 despite the hire 

of new employees during those years. 

F. The NIGC received zero (0) notices from the Tribe that it had licensed a new 

key employee or primary management official for the Casino during all or 

part of 2003,2004,2005, and 2006 despite the hire of new employees during 

those years. 

G. The Tribe failed to conduct background investigations of its employees 

sufficient to enable the Tribal Gaming Commission to make eligibility 

determinations of the suitability of the employees for work in a gaming 

operation. 

H. The Tribe is in violation of the IGRA, NIGC regulations, and the Tribal 

gaming ordinance as follows: 
i. NIGC regulations require that a tribal gaming operation forward the 

Commission a completed employment application when a key employee or 

primary management official beps work or is employed at a tribal gmg 

operation. 25 C.F.R. §§ 558.3(a)(l), 556.5(a). The Tribe has failed to submit 

completed employment applications for key employees or primary 

management officials 

ii. The IGRA and NIGC regulations requite the Tribe to conduct background 

investigations of applicants for key employee or primary management official 

positions 25 U.S.C. $2710@)(2)(F)@; 25 C.F.R. §§ 556.4,558.3(a)(2). That 

background investigation shall be sufficient to enable the Tribe to make an 

ebbility determination of an individual's suitability to work in the Tribe's 

gaming operation. 25 C.F.R. § 556.4@). The Tribe's gaming ordinance 

requires the Tribal Gaming Commission to conduct a background 

investigation which verifies all information on the employment application 

and to obtain a criminal history record for potential key employees or 

primary management officials. CTGO § 14.D.1. The Tribe has failed to 

conduct background investigations on its currently employed key employees 

or primaty management officials, or, if it has begun the background 

investigations, has obtained only partial results insufficient to enable the 

Tribe to make ebbility determinations of suitability for work in a gaming 

facility. 

iii. NIGC regulations and the Tribe's gaming ordinance require the Tribe to 

create and forward to the NIGC background investigation reports including: 

(1) Steps taken in conducting a background investigation; (2) Results 

obtained; (3) Conclusions reached; and (4) The bases for those conclusions. 

25 C.F.R §556.5@); CTGO § 14.D.4. The report must be forwarded to the 

Commission within sixty (60) days after an employee begins work. 25 C.F.R 

§ 558.3@).The Tribe has failed to prepare background investigation reports 

for its employees, and has further failed to forward such reports to the 

NIGC within sixty (60) days after an employee has begun work. 

iv. NIGC regulations and the Tribe's gaming ordinance require the Tribe to 

collect fingerprint cards from each applicant, and to process the cards for 

criminal history checks through the FBI fingerprint database. 25 C.F.R 

556.4(a)(14); CTGO $14.C.4(13). The Tribe is to send the fingerprint 

cards to the NIGC for processing. First Amendment to Crow Tribe Gaming 

Ordinance. The Tribe has failed to forward fingerprint cards to the NIGC 

for processing of FBI criminal history checks. 

v. The IGRA, NIGC regulations, and the Tribe's gaming ordinance require the 

Tnie to make an elqgbility determination of a person's suitability to work in 

a gaming operation. 25 U.S.C. §2710@)(2)~(ri(II); 25 C.F.R $8 556.5(c), 

558.2; CTGO § 14.D. The Tribe is to forward such ebbility determination 

to the NIGC when forwarding the background investigation report. 25 

C.F.R. $ 558.2; CTGO 14.D.6. The Tribe has failed to make eligibility 

determinations of a person's suitability to work in a gaming operation and 

has failed to forward such eligibility determinations to the NIGC. 
vi. The IGRA and the Tribe's gaming ordinance require the Tribe to issue a 

Tribal license to each primary management official and key employee. 25 

U.S.C. § 2710@)(2)(F)(ii)(I); CTGO § 14.B.2.a. The Tribe may not issue a 

license until the Tribal gaming commission has review the applicant's 

background investigation. CTGO 5 14.A.1. The Tribe must notify the 

Commission of the background investigation results before issuing a license 

to a key employee or primary management official. 25 U.S.C. 

§ 2710@)(2)(F)(i1](III); CTGO § 14.D.4. Respondent has failed to review 

applicants' background investigation reports, including the results of federal 

criminal history checks, prior to issuing gaming licenses to key employees 

and primary management officials. 

vii. NIGC regulations require that a gammg operation shall not employ a primary 

management official or key employee who does not have a license after 

ninety (90) days. 25 C.F.R. § 558.3@). The CTGO allows employees to work 

with a temporary license for no more than ninety (90) days, after which the 

employees must receive a mial employee license valid for a period of one 

year. Crow Tribe Description of Procedures Pursuant to C.F.R. § 522.2@), 

(c), (9, (h). Respondent has failed to notify the NIGC of any licenses issued 

to key employees or primary employment officials. 

6. Measures Requited to Correct these Violations 

In order to correct the past and ongoing violations of the IGRA, NIGC Regulations, and the Tribe's 

gaming ordinance, Respondent must 

A. Within 15 days, collect fingerprint cards fiom all current casino employees 

who hold key employee or primary management official positions at the 

Casino and send them to the NIGC with appropriate fees for processing; 

B. Within 30 days, perform complete background investigations and obtain FBI 

criminal history checks on all current primary management officials and key 

employees and create background investqption reports; 

C. Within 45 days, review the completed background investigation reports, 

containing FBI criminal history information, key employees or primary 

management officials and make eligibility determinations of suitability for 

employment in a gaming operation; 

D. Within 60 days, notify the NIGC whether a key employee or primary 

management official has been granted a Tribal gaming license and submit to 

the NIGC a copy of the completed employment application, background 

investigation report, and eligibility determination; 

E. Not employ persons as key employees or primary management officials 

whose ninety (90) day temporary licenses have expited; and 

F. No* the NIGC in 15 day intervals of the measures taken to correct this 

violation. The required information must be submitted to the Chairman, 

National Indian Gaming Commission, 1441 L Street, NW, Suite 9100, 

Washington, DC 20005. 

7. Appeal 
Within 30 (thuty) 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 and, if 

desired, request for hearing to the National Indian Gaming Commission, 1441 L Stteet, 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 (10) 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 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 wimesses and the 

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

Respondent may waive 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. Temporary Closure Order or Fine--Submission of Information 

The violation cited above may result in a temporary closure order or 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. $575.5(a), Respondent may submit written information about the violation to the 

Chairman within 15 days after service of this notice of violation (or such longer period as the 

Chairman of the Commission may grant for good cause). The Chairman shall consider any 

inn in determining the facts suloundmg the violation and the amount of 

the ci fine, if any. 

National Indian Gaming Commission 

staff Attorney