Chapter 12-9 ENFORCEMENT

CHAPTER 12-9
ENFORCEMENT

12-9-1 Criminal Enforcement.

(A) Indians. In enforcing this title, the Nation shall exercise concurrent criminal jurisdiction with the State over Indians in accordance with 18 U.S.C. §3243, subject to the provisions of the Tribal-State Gaming Compact.

(B) Non-Indian. In enforcing the terms and provisions of this title, the State shall exercise exclusive criminal jurisdiction over non-Indians in accordance with 18 U.S.C. §3243.

(Enacted by PBP TC No. 2020-363, December 9, 2020)

12-9-2 Civil Enforcement.

In enforcing this title with respect to all transactions or activities which relate to gaming on the Reservation, the Nation shall exercise civil jurisdiction over Indians and non-Indians.

(Enacted by PBP TC No. 2020-363, December 9, 2020)

12-9-3 Cross-Deputization Agreement.

To the extent permitted by law, the Nation and the State agree to enter into such cross- deputization agreements as may be necessary and proper to facilitate cooperation between the Tribal law enforcement agency and State law enforcement personnel.

(Enacted by PBP TC No. 2020-363, December 9, 2020)

12-9-4 Prohibited Acts.

With respect to the jurisdiction the Nation exercises in this title, in addition to other civil and criminal offenses provided for herein, the following acts are prohibited and subject any violator to either civil or criminal penalties, whichever is applicable, or both, as specified herein:

(A) Participating in any Class II or Class III gaming activity which is not authorized by this title and licensed by the Tribal Gaming Commission;

(B) Knowingly making a false statement in an application for any gaming license, employment with any operator, or with the Tribal Gaming Commission;

(D) Attempting to bribe any person participating in any gaming activity;

(E) Offering or accepting a loan, financing, or other thing of value between a Tribal Gaming Commission member or employee thereof and any person participating in any gaming activity;

(F) Failing to keep sufficient books and records to substantiate receipts, disbursements, and expenses incurred or paid from any gaming activity;

(G) Falsifying any books or records which relate to any transaction connected with any gaming activity;

(H) Conducting or participating in any gaming activity which in any manner results in cheating or misrepresentation, and which allows any other disreputable tactics which detract from the fair nature and equal chance of involvement between gaming players, or which otherwise creates an advantage over and above the chance of such gaming activity and which affects its outcome;

(I) Using bogus or counterfeit cards or dice, or substituting or using any game cards or dice that have been tampered with, altered, or marked;

(J) Employing, or having on one’s person or otherwise being within one’s control, any device which may be used to facilitate cheating in a gaming activity;

(K) Conducting gaming activity with, or allowing taking part in gaming activity by or with, an intoxicated or disorderly player;

(L) Allowing or taking part in the sale of liquor at gaming facilities in violation of this title;

(M) Accepting consideration other than money, personal checks, or other approved consideration for the chance to play or take part in any gaming activity;

(N) Using bogus or counterfeit chips or charitable gaming tickets, or substituting or using any cards, charitable gaming tickets, or gaming equipment that has been marked or tampered with;

(O) Tampering with any gaming equipment or device, to manipulate the outcome or the payoff of the gaming equipment or device;

(P) Claiming, collecting, taking, or attempting to claim, collect, or take money or anything of value in or from a gaming facility to which one is not entitled; or claiming, collecting, or taking an amount greater than the amount actually won in a game;

(Q) Falsifying, destroying, wrongfully altering, or failing to produce any books, data, records, or other information relating to the gaming enterprise required to be produced under applicable law;

(R) Offering or attempting to offer anything of value, to a licensee in an act that is an attempt to induce, or may be perceived as an attempt to induce, the licensee to act in a manner contrary to the official duties of that licensee;

(S) Acceptance by a licensee of anything of value with the expectation that the receipt of value is intended, or may be perceived as intended, to induce the licensee to act in a manner contrary to their official duties;

(T) Converting for personal enrichment any assets or property of the gaming enterprise, or diverting gaming revenues for any purpose not authorized by the Nation;

(U) Defrauding the Nation, the gaming enterprise, any gaming licensee, or any game participant in relation to any gaming activity or promotion;

(V) Placing unlicensed or unauthorized gaming equipment on the gaming floor and permitting its play;

(W) Refusing to comply with any lawful order, directive, or command of the State Gaming Agency or Tribal Gaming Commission;

(X) Altering or counterfeiting a gaming license;

(Y) Knowingly aiding, abetting, or conspiring with another person, or knowingly causing any person to violate any provision of this title or any rule or regulation adopted thereunder;

(Z) Operating, using, or making available to the public any illegal gaming equipment, device, apparatus, material, or equipment;

(AA) Selling, holding out for sale, or transporting into or out of the jurisdiction of the Nation any illegal gaming equipment, device, apparatus, or material;

(BB) Assisting or allowing any person who is underage to take part in a game of chance;

(CC) Possessing any illegal narcotics or controlled substances on any licensed gaming facility;

(DD) Stealing or attempting to steal funds or other items of value from any gaming facility or from the Tribal Gaming Commission;

(EE) Conspiring with or inducing any person to violate any of the provisions of this title or any Nation or Federal law; or

(FF) Knowingly employing any person who has been convicted of, or entered a plea of nolo contendere to, a crime of theft, embezzlement, fraud, a gaming crime, or any other crime which, if perpetrated on the operator’s premises, would threaten the fairness or integrity of the game or create a threat to the public.

(Enacted by PBP TC No. 2020-363, December 9, 2020)

12-9-5 Criminal Violation.

Any Indian who violates any provision of this title or any order or decision of the Tribal Gaming Commission shall be guilty of a crime and may be required to pay a fine not to exceed five thousand dollars ($5,000) or be incarcerated for not to exceed two (2) years. Each day during which any such violation continues shall constitute a separate violation of this title.

(Enacted by PBP TC No. 2020-363, December 9, 2020)

12-9-6 Civil Violation.

Any non-Indian who violates any provision of this title or any order or decision of the Tribal Gaming Commission shall be liable for a civil fine not to exceed five thousand dollars ($5,000) for each such violation. Each day during which any such violation continues shall constitute a separate violation of this title. The amount of any such civil fine may be recovered in a civil action in the Tribal Court.

(Enacted by PBP TC No. 2020-363, December 9, 2020)

12-9-7 Cumulative Remedies.

All remedies provided for in this title shall be cumulative and the imposition of one such remedy shall not bar or affect imposition of any other, nor bar the power of the Tribal Court to punish for contempt or impose any criminal remedy upon any offender.

(Enacted by PBP TC No. 2020-363, December 9, 2020)

12-9-8 Purpose of Civil Penalties.

Civil fines imposed pursuant to this title are intended to be remedial and not punitive, and are designed to compensate the Nation for the damage done to the peace, security, economy, and general welfare of the Nation and the Reservation, and to compensate the Nation for costs incurred by the Nation in enforcing this title. Civil fines imposed pursuant to this title are also intended to coerce all people into complying with this title and any other applicable law and not to punish such people for violation thereof.

(Enacted by PBP TC No. 2020-363, December 9, 2020)

12-9-9 Civil Action of Penalties.

In enforcing the civil penalty provisions of this title, the Tribal Gaming Commission shall proceed, in the name of the Nation, against a person for violation of any such provision by civil complaint pursuant to the provisions of this title. The Tribal Gaming Commission in such action shall have the burden of showing, by the preponderance of the evidence, that such person violated the applicable provision of this title or any other applicable law.

(Enacted by PBP TC No. 2020-363, December 9, 2020)

12-9-10 Seizure of Property.

All property utilized in violation of this title shall be subject to seizure by order of the Tribal Court.

(Enacted by PBP TC No. 2020-363, December 9, 2020)

12-9-11 Reporting of Offenders.

The Clerk of the Tribal Court shall, upon final conviction of any person under this title, report the name of such person to the Tribal Gaming Commission and, in the case of conviction of an Indian with regard to Class III gaming, to the State.

(Enacted by PBP TC No. 2020-363, December 9, 2020)

12-9-12 Appeal of Final Tribal Gaming Commission Decisions to Tribal Court.

The Tribal Gaming Commission’s final decision(s) concerning the enforcement and application of this title may be appealed to the Tribal Court in accordance with the rules of the Tribal Court within thirty (30) days from the date of the Tribal Gaming Commission’s action or decision, excluding actions and decisions made pursuant to Section 12-3-18, which are not subject to appeal to the Tribal Court. The Tribal Court may reverse an action or decision of the Tribal Gaming Commission upon finding that the action or decision of the Tribal Gaming Commission was arbitrary and capricious or contrary to the law.

(Enacted by PBP TC No. 2020-363, December 9, 2020)