Wednesday, May 4, 2016

Pala Interactive - Still No Poker?

Online Poker Report - GAN Annual Report Expects Real Money Gaming Deal With The Borgata To Begin In Summer 2016


The existence of the relationship with GAN does not absolutely show that the Borgata wants to end the partnership with partypoker now that GVC has taken over. There is no reason why the Borgata can’t add extra brands to its gaming offer.

The industry rumor mill has Pala Interactive listed as a potential online poker provider if partypoker were to exit the market. PalaCasino is live in New Jersey, but despite developing proprietary software, Pala has not yet launched a poker product.

CEO Jim Ryan said that he would like to see the impact of PokerStars before making that decision.
Unless there is a dramatic change in the New Jersey market, such as partypoker exiting, Pala online poker looks unlikely to make an independent entry – the return on investment probably isn’t there.

Read Full Article -->Online Poker Report - GAN Annual Report Expects Real Money Gaming Deal With The Borgata To Begin In Summer 2016


Reinstatement_Restitution said...

The poker software is developed, but the product has not launched?

What could be the hold-up?

They probably still need to work on the superuser cheating feature. Right now its own good enough to fool Indians...

Anonymous said...

that's unfortunate, I hope we see some return on the $70M

Reinstatement_Restitution said...

How is that going to happen? The majority owner of Pala Interactive is Robert Smith. The only ones who benefit are the Pala EC who sit on the Board of Directors and the other partners.

Think about it for a moment. If Pala Interactive is successful then the Pala EC gets profit sharing and phantom stock. The ultimate goal is probably to sell out to a bigger company and take the money. PBMI members won't see a cent.

By the way, even though Pala Interactive uses the Band's name, all the investment came from loans on the future revenue of the Casino. The Casino is owned by the Pala Gaming Authority. There is no obligation on the part of the Pala Gaming Authority to share an return on investment with the Pala members.

The money is gone. The only way to recover it is to act as a General Council and revoke the Pala Gaming Authority Ordinance.

I am not holding my breath for that one.

TheReal_Kilma_Lattin said...

PalAnonymousWatch! Where bullshit does the talkin’ while people do the stalkin’. The official site where WE don’t know anything because We don’t know Who is Doing What or Who!

After a few years of knowing about this hot little mess, I’ve finally decided to officially dip my toe in the pool. So, (Ripley’s) believe it or not…. this is ACTUALLY MY FIRST-EVER POSTING to PalAnonymousWatch! and I could not be more thrilled about it! I’m truly as pumped as Trump to submit. BTW: You’ll know it’s my first-ever posting for two (2) really obvious reasons:

FIRST-- because I actually sign my name and stand behind everything I say. Why? Because I write the truth as I know it and I’ve always been proud of my work.

SECOND-- because my unique writing style is unlike anyone else’s. Why? Because.

Unlike Mr. Harris and Pink Willy, I will not make blogging on PalAnonymousWatch! the focus of my day (so please allow some extra time to respond). That being said, I would like to jump in sometimes and talk about actual issues. If it turns weird or hateful, I’ll just quit and go work on something else. But if something peaks my interest, I’d be happy to chime in.

That being said, what’s up PW? Let’s get creepy in this cyber-teepee!

Anonymous said...

@2:10PM did you not read the Pala Watch intro.

Anonymous said...

Fine, Kilma is it true that you knew that Margarita Brittain was a full blood Indian and that you felt disenrollments were the wrong way for the tribe to go? Now be honest, you have a son that you want to be truly proud of you for your honesty. Why have you not stood up for us, when you know this truth?

Reinstatement_Restitution said...

I hope you know I am not Wilie Pink. At first I used this name because I did not want there to be repercussions against my family. Now I use it for consistency. I am not hiding though. My name is Paul Johnson, and I tell the truth. Always.

So if you want a dose of honesty just read my posts. The information on Pala interactive comes from the company's filings. There are public disclosure requirements for conducting business I'm New Jersey.

Reinstatement_Restitution said...

I hope you know I am not Wilie Pink. At first I used this name because I did not want there to be repercussions against my family. Now I use it for consistency. I am not hiding though. My name is Paul Johnson, and I tell the truth. Always.

So if you want a dose of honesty just read my posts. The information on Pala interactive comes from the company's filings. There are public disclosure requirements for conducting business I'm New Jersey.

TheReal_Kilma_Lattin said...

Dear Anonymous at 3:14 PM: it’s important to note that my answers are solely my opinion, and in no way do I speak for anyone else. Also, keep in mind that I was NOT on the EC when the 2nd (much larger) dis-enrollment happened. I got off the EC in January of 2012 to focus on finishing my MBA from the University of Southern California. According to public documents, the dis-enrollment of the 150 happened at an EC meeting in February of 2012, a month after I was replaced. So why they have me listed me on the lawsuit is interesting; I wasn’t a part of the decision.

I see your question as having 3 parts:

1. Your question: Is it true that I knew MB was a full-blood?

My answer: I honestly don't know if MB was a full-blood or not. At first I thought she was only half, now I don't know. I've seen paperwork that says she's half, and I've seen paperwork that says she's full. Does anyone REALLY know? The only way to scientifically prove it, with 99% accuracy, is with a DNA test. At the time it was under review, I recommended an independent 3rd party take a look at everything so I didn't have to touch it. I knew it would be messy. Initially, with the first 8, the paperwork given to me for a decision said she was only half. Then after, I saw stuff that said she was full. So, Like everyone else at this point, I'm stuck with a bunch of conflicting federal paperwork.

2. Your question: Did I feel the dis-enrollment was the wrong way for the Tribe to go?

My answer: dis-enrollments are rough on any tribe. Personally, I ran for office in 2005 because I wanted to build our Tribe up and move us successfully into the future, a goal that I still take to heart every day. If you’re asking how I felt at the time? I personally struggled with the dis-enrollment; it was hard on me. I can honestly say that I lost sleep because I knew it would tear open our social fabric.

I've always been of the opinion that all decisions are best made with clear and convincing evidence. Please keep in mind, I was not on the EC when the second (much larger) disenrollment happened, so I don’t know what evidence was used for that disenrollment meeting in February.

Personally, I don’t like disenrollment. It’s a scary thought that can too easily generate fear and anxiety in good people. I would like to see the power of dis-enrollment rest with the judgement of the entire tribe (about 1000 members), not the judgement of 6 on a committee, but that's just me. I think the GC should have the say in who is a member, or who is not a member. The number 6 as about one-half of 1% of the number 1,000 (6/1,000 = .0063).

The public court documents state: the enrollment ordinance is clear, the executive committee is the enrollment committee, and they hold the power to determine membership with the tribe. And according to federal law and the Constitution of the United States, no authority in the United States can determine tribal membership. Tribes are 100% free to handle enrollment. The Pala GC gave all enrollment authority to the EC via the enrollment ordinance. So it seems the EC was acting within its authority under the ordinance.

So if the Tribe decides they want a say in any future enrollment matters, they will need to vote to change the ordinance and take the power back.

Fact: did you know that my son is a Trujillo/Nejo? Did you know that his Pala blood went down as a result? This decision affected my favorite little person on the whole planet.

3. Your question: Why have I not stood up for you?
My answer: I’m flattered you think I actually have that much influence over what happens. The truth is, I don’t. Not from where I sit. Like most, the best I can do is listen and voice my opinion when appropriate.

I hope this makes sense. I'm signing off for a while but I'll read the replies. If possible, state your name and keep it classy.

Anonymous said...

Kilma that was out of nowhere but entertaining. So why post now on this post is it related to Pala interactive?? As a previous poster asked so you know Margarita Britten was FULLBLOOD and the disenrollments were wrong?? Can you comment on this? If you want to be an honest good man then be one.

Anonymous said...

@Kilma, thank you for your answer, although I feel it is half truth, because I feel you left to save yourself from the mess of the disenrollment and the hate being spewed by LeRoy and Robert. I also notice that you make sure to let us know that you were not part of the large disenrollment, yet you were part of the first one, so no matter what your hands are dirty and I also feel that deep down inside you know that we are being treated unfairly. I also don't think you realize how much your resignation letter meant to the disenrollees right when we were getting our notices. You had given us a sign of hope that at least someone was decent among the EC. I gained a respect for you for making your thoughts public, but does that make, not doing anything about it, right?I am not sure, but I do know we are going to continue to fight this because it is the right thing to do.

Tukumay said...

Kilma, this is Joseph Harris.

I have posted the BIA 1989 FINAL decision after an 8 year investigation into her blood line that
determined Margarita Britten was fullblood on this blog numerous times. What more do you need? I find it troubling that you stil don't know Margarita was full blood. The reality is that everyone's blood line
at Pala could be called into question based on documents as there is conflicting evidence all across the board. Why were the Britten's singled out? Was it politically motivated?

As far as DNA goes, I would like to understand how you think a DNA test could prove
Margarita Britten was full blood. Do you think there is a full blood Cupeno gene? What
genetic markers are you proposing to be accepted as Cupeno? According to tradition
the Cupeno were wiped out by the Digueno except Kisily Pewish who then married 2 Luiseno and a Digueno or 2 Digueno and a Luiseno depending on which version you read. So how to you propose to use genetic markers to determine one's Cupeno blood?

And, even if it were possible, why only the Brittens? Why not everyone?

Anonymous said...

And why don't you, Kilma, look at your own Nolasquez Yawui blood and take the cut in blood thru their since you were so willing to take it thru the Britten line. How about being totally honest.

Anonymous said...

Kilma this didn't just affect your most favorite person in the world you just threw a whole generation of your great grandchildren out of the band. How will they look on you.

Anonymous said...

Great way to launder millions of dollars through a phony gambling site. And who benefits from it? Robert. ...the sovereign laws can't protect him in Jersey can they?

Anonymous said...

Looks like someone is trying to get back in with EC because he knows there will be an opening on the EC.

Anonymous said...

Kilma playing politics he knows there will be an opening on EC. Trying to make himself look good to powers that be.

TheReal_Kilma_Lattin said...

Dear Joseph, I understand your frustration and fear. But I think the court documents are right, under the Band's enrollment ordinance, the EC has the final say in determining membership within the Tribe. So no matter what is submitted or proven, their vote is final and no other body on the planet can change it. A tribe ultimately determines its membership. And the Pala Tribe gave its enrollment authority to the enrollment committee (currently the EC). They decide who is in, and who is out, like it or not, that's the final answer. Personally, I think that power should rest with the tribe as a whole, but that's just me. I'm just one vote and my voice doesn't have much, (if any) influence anymore. In the last election I got 55 votes, which is awesome, but I'm not winning any elections unless I can get 200 or more votes.

As for DNA. I established the tribe's DNA policy, so I understand this a little. As far as I know, you are correct, there are no genetic markers for specific tribes (that I know of). However, there are genetic markers for American Indian versus Non-American Indian. So, if there is a significant presence of Non-American Indian genetic markers, then it's safe to assume that one parent was not American Indian. On the other hand, if there is a total presence of American Indian genes, then it's safe to assume the person was all native (4/4).

So I'm American Indian and German/Irish. My DNA test would show that I have American Indian markers, and Caucasian markers. But it would not distinguish between my Cahuilla, Diegueno, Yaqui, Juaneno, Cupeno. Nor would it distinguish between what countries I'm from in Europe. It would merely indicate that I'm American Indian and European.

To the rest of you: I know things are weird around Pala. I wish they weren't. If you see me around, just know that I come in peace and I don't want any trouble. I'm old enough to own up to my mistakes. At this point in my life, I mean well, and truly enjoy helping others. I love open and honest conversation. I also love comedy, so if we can laugh a little, that would be a bonus.

Peace out, I'm tired, goodnight creepy Anonymous people.

Anonymous said...

I'd like to ask kilma why it is he was speaking with and willing to cooperate with the dis enrolled lawyer linn. And she was informing us he was giving her some damning information against the ec and very helpful to our case then all of a sudden he is no longer speaking and being represented by Sara deutschke along with the other criminals. Looks very suspicious to me. Seems to me that doing right has a price tag. Or maybe someone suggested letting something out of the bag if you don't get in line. Be honest.

Reinstatement_Restitution said...

Robert Smith has invoked sovereign immunity many times in legal actions. If he is sued over Pala Interactive he will most certainly invoke immunity again.

The Anchor Management Gaming Contract between PBMI and Anchor Gaming contained a provision for the formation of a Gaming Authority. The General Council approved the Pala Gaming Authority Ordinance in order to satisfy that contractual agreement. That Ordinance contains a provision for the Casino to be assigned to the Pala Gaming Authority if necessary to obtain financing.

That is how the Pala Gaming Authority was assigned ownership and management interest in the Pala Casino. When Anchor Gaming was acquired by IGT they negotiated a buy out of the Contract with the Pala Gaming Authority. PBMI paid nearly $80 million to Anchor Contract for their interest in the Pala Casino. That made the Pala Gaming Authority sole owner of the Pala Casino.

Pala Interactive is a not a money laundering scheme. It is conversion of assets. It takes assets of the PBMI and converts them to individuals, in this case Robert Smith as majority owner, and Theresa Nieto and Howard Maxcy as Directors.

Anonymous said...

If Robert told people not to post on this sight or they will be in trouble then Kilma's post are either a set-up to get people's names and Robert won't touch him or he is being honest and taking a chance, or maybe a little of both. Not sure what to think, but at least he is responding maturely.

Anonymous said...

I'm very curious, do the tribal members not believe that Smith/Nieto and other EC members are stealing the tribes money and diverting tribal money to Pala interactive to get the money themselves? Or do they not care certain EC members are getting rich from the tribes money as long as they (the members) get their percap (which actually should be more)? Or are they just too scared to speak up and do anything about their tribal leaders taking more for themselves? Will it only end when the ones involved walk away with all the money and leave Pala hanging with debt, and everyone's asking what happen we should have done something they can't do this its unfair? PUT IN NEW TRIBAL LEADERS NOW TO AUDIT ALL TRIBAL FINANCES AND PROVE ONCE AND FOR ALL WHERE PALA'S MONEY IS GOING. Tribal casinos are doing great they just extended their gaming compacts several tribes in the area are expanding or remodeling jamul is opening a casino and Smith/Nieto say we're breaking even or down for the month. Either they are lying and taking the money or management is incompetent?? Either Pala and Pala casino needs change to become profitable and compete with the other casinos or we need an accurate accounting of how much money the casino,gas station and mini mart are making!! David Duro is a good man and would be good on the EC he always runs but we need an honest election to get in new people. Kilma could be good we would have to see how he handles tribal issues from now till then.

TheReal_Kilma_Lattin said...

Dear Anonymous at 10:04AM: I am a risk taker, it's part of my personality. I enjoy conversation and will respond maturely as long as everyone is being cordial and mature as well.

Dear Anonymous at 5:41AM: Attorney Lynn contacted me early on and asked me some very basic questions about my roll on the Executive Committee. Not long after, Attorney Lynn informed me I was being named on the lawsuit, which didn't make sense to me. So to protect myself from the Attorney Lynn and the lawsuit I needed representation and Sara was my counsel, for which I was grateful. Nothing shady.

Dear Anonymous at 11:01PM: I enjoy politics, at every level. It's genuinely interesting to me. I enjoy government and the good it can do for people.

Now if you'll excuse me, today is my Aunt Mary Bear Magee's birthday from Pechanga and we are having some dinner with Pechanga family. Be sure to tell her Happy Birthday if you see her.

Peace out.

Reinstatement_Restitution said...

Please allow me the observation Kilma, that though you state your intention is to talk about the issues, you the issue at hand concerning Pala Interactive. There are no blog police here, but when you claim you mean what you say, forgive me if I hold you to it.

I'll let Pala Interactive idle for the moment and address some of your other comments.

In your first post you said you write the truth, then you backtracked and said your answers are only your opinion. I can easily separate the two, but I caution other readers to distinguish between the truth and opinion. The truth can be supported by facts; opinion is a personal statement often designed to promote an individual's interests.

The blood degree of Margarita Britten keeps cropping up. It was answered with finality by the BIA in 1989; she was full blood. I find it absolutely hilarious that you are so willing to accept the Court's determination on the enrollment ordinance and the Constitution, but not the BIA's decision on MB's full blood. Just a reminder for everybody else, the Court did not determine the validity of the Pala Constitution. They just agreed with the BIA that the statute of limitations had expired and that any appeal was disallowed.

DNA testing for MB means you would have to disinter her and cross your fingers that the sample hasn't deteriorated so much that you can get valid results. It is also a condition imposed after the fact since the Pala Constitution states that lineal descent from those on the 1913 Pala Allotment Roll and 1/16th blood degree establishes eligibility for enrollment. This means DNA testing is not required for those already enrolled; it can only be imposed on applicants no matter what the enrollment ordinance says since an ordinance cannot contradict the Constitution.

The enrollment ordinance itself is deceptive. It states that the EC's intent is not to affect membership status for those already enrolled in the prefatory statements. The AS-IA ruled that prefatory statements are non-operative and so not part of the law. Also in the prefatory statements is the effectivity and approval requirements of the Ordinance. Are not those then non-operative also? The attorney for the Aguayo Plaintiff's missed this point, so the Court did not have this argument to consider when it made its determination.

Also the enrollment ordinance say applicants could be reviewed but is silent on previously enrolled members. The interpretation that this means the EC can disenroll members is deceitful. If the General Council had known that the intent of the EC was to use the Enrollment Ordinance to justify disenrollment, the vote may have been different. Instead the Enrollment Ordinance says that the EC's intent was not to affect the membership status of those already enrolled.

I appreciate the maturity to own up to your own mistakes, but you have not owned up to any mistakes. You served on the EC when a great many mistakes were made. Things like the first eight disenrollments, the approval of the Pala Raceway despite being voted down by the General Council, the failure to provide audited financial reports to the General Council, the reported losses of the economic development fund, the drafting of an enrollment ordinance that delegated authority to disenroll members, the retention of numerous attorneys, specifically Sarah Setshwaelo, without approval of the General Council, and so much more.

I don't expect you to respond to any of these cited improprieties. It would be admission of guilt and complicity. On the other hand if you really are owning up to your mistakes I could only believe it if you do respond. Otherwise you are just as creepy as the Anonymous posters you ridicule seeking to justify wrongdoing by deflecting attention away from misdeeds with disingenuous claims of honesty.

Anonymous said...

Trying to win friends and influence people. Kinda early no voting til november what's up. Go Kilns.

TheReal_Kilma_Lattin said...

Dear Reinstatement_Restitution, you're clearly an educated man. I'm not saying you're right, but I'm saying you can write. Some of your stuff is not accurate and one-sided, but I can follow your logic.

Reinstatement_Restitution said...

There is a certain amount of interpretation involved in any analysis and assessment. That does not mean it is one-sided. Instead it means that the analysis and assessment was performed with a purpose.

When you say, "some of your stuff is not accurate," you make a very vague statement. Which "stuff" might that be? I will of course support my statements with facts, but it would be interesting to see what you think strays from the facts.

In the end I think all the blog readers are interested in the truth about what has happened in the Pala Band's government. They certainly are not getting that from their current leaders. I hope you will respond to the cited actions and share the reasoning behind opening the Pala Raceway in contradiction of the General Council vote, or the claim that the Band's financial information is confidential even from the Band which has led to a refusal to disclose audited statements.

These things are troubling and indicative of an attitude of the Band's leaders toward the members that at best can be described as condescending, at worst, punitive. I look forward to your response.

TheReal_Kilma_Lattin said...

Dear Paul Johnson, I'm getting old and it's been four years since I was on the council, but if my memory serves me correct, the General Council DID approve the racetrack a couple different times. I wrote the minutes from those meetings, so I pray that I got that correct! If I didn't, let me know.

In all seriousness, it was an important topic at the time, so the people who were at the meeting should remember. Perhaps you were not at the meeting and you're going off the words of others? And in all fairness, if you have proof that the racetrack was not approved, I'd love to see it.

As an aside, I'm not "in the tank" for the racetrack, in my opinion it's a huge waste of water. But that's just me. I think the land for the racetrack could be used for other purposes like, tribal housing, or? You name it. Again, just my personal opinion.

As for the Band's financial information. It should remain confidential, but if a member wants to see it, they should be able to see it.

Back to your topic about New Jersey online gaming. I think New Jersey turned out to be a big disappointment for everyone, not just Pala. Anyone who entered the online gaming market hoping to make money in New Jersey and Nevada has been disappointed. The actual numbers did not match the financial predictions, and that information is available from multiple sources. So the sad truth is that no one is really making money in New Jersey; no one could've predicted that because the projections prior to regulation of the market were much higher.

To me, New Jersey represents a good test market for if (hopefully when) the California online market opens.

Also, with software, you have to workout the bugs and glitches. I know because I digitized our traditional tribal game of Peon, available on the Apple Store for free if you're interested in seeing it. It took a few months for my developers and I to work through the bugs and glitches of Peon--and it's a pretty simple game. In addition, my PEON game isn't even played for real-money (which is a much more complicated affair). So hopefully we iron out any bugs or glitches and get a better ROI in California one day.

I've met Jim Ryan in person. Given his experience and skill-set, he strikes me as a capable human for the job. But, I'm not a part of any committee or business board, so I have no set of facts or figures from which to work--so I'll defer any comment about projections or plans because I simply don't know. I can only hope he has Pala's best interest at heart moving forward.

K. Lattin

Reinstatement_Restitution said...

This is all about honesty, so I will be upfront. What actually happened with the Pala Raceway was that the contract and permit were approved without a vote by the General Council. PBMI members were faced with a decision that had already been made without their approval. I understand if you don't remember it all clearly. I am not getting any younger either.

The Pala Raceway has never brought in income for the Band, so it's been a failed investment. The EC has reported that it makes enough to pay off the taxes. As Adam Sandler would say, "Whoop-di-de-doo." At least Robert Smith got his bribe money. We all saw the check. Hope you got your cut.

As for the Band's financial information there is a federal regulation (IGRA) that says the Casino's audited financial statement is supposed to be reported to the Band on a quarterly basis. Of course in Pala federal regulations don't have much meaning or else you would know this. It's okay. I know you were just following Robert Smith's lead, and it's not like you were the treasurer.

Online gaming in New Jersey happened after you resigned, so I don't expect you to take responsibility for the decision to take money away from PBMI members to invest in a company that hasn't generated any return on investment. I do wonder about the Pala Gaming Authority and your role as an EC member. Did you have any involvement in the decisions to take Casino money and use it in ways that did not benefit PBMI members?

Pala Interactive is clearly a scheme to take Casino money and convert it to individual interests. No one in Pala is ever going to get any share in the profits except the EC members that sit on the Board of Directors. How do you feel about that? You seem disappointed that the investment performance is poor, but you do realize that PBMI members will never participate in profits if there are any, don't you?

If New Jersey is a test market, then apparently all the millions invested in online gaming in California have been wasted. The lobbying costs to pass legislature approving online gaming in California have been astrnomical. That does not account for any business start up costs, which will be even more exorbitant. Add to that the fact that it will not be regulated by the NIGC, and so there is no guarantee that the Band's members will ever see any benefit. It's yet another of the schemes of Robert Smith to reap personal profit from the Band's income and then to report a loss.

Software glitches will not be hindrance. Such obstacles are easily overcome in this market. It is just a matter of throwing enough money at it. The real problem lies in creating a software environment that enables theft and cheating that will pass regulatory requirements. That is my guess why the online poker gaming has not been launched.

You are so funny sometimes. I'm sure Jim Ryan is a great guy. What has that got to do with PBMI? The Band will never see cent one from Pala Interactive. The Band has no interest in the joint venture. Robert Smith is using the name and the sovereign immunity of the Band to set himself up with a nice return. If you have different information I would be interested in hearing it. Right now there is no report provided to the General Council on Pala Interactive performance. There is no statement of the Band's interest, or projections of what benefit it will bring. Instead the entire deal was enacted in secrecy and it was only the public notices about the joint venture and pressure from members that led to Robert Smith admitting there was such a company.

Speaking favorably about such a scheme is an interesting tactic. What do you hope to gain from it?

Reinstatement_Restitution said...

It's okay Kilma if your memory is not exact on the details regarding Pala Raceway. What really happened is that the contract and permit for construction were approved without General Council authorization. The matter became very heated as King Freeman raised the point that the EC overstepped its authority, and there was a petition circulated for the Band to assume control of the operation. So the General Council never actually did vote against the Raceway since the deal was consummated behind the Band's back.

The Band's financial information should be reported to the General Council on a periodic basis. The IGRA requires that the Casino's audited financial statement be disclosed to the tribe operating the gaming enterprise quarterly. Withholding these reports is a violation of the IGRA.

Online gaming in New Jersey is not profitable as you say. Robert Smith brokered the deal for Pala Interactive, and gave himself 62.5% interest in the company. There is no contractual requirement for profits to be shared with the Band, nor does the Band participate in the ownership of the joint venture. It is a company that operates for the benefit of the Pala EC.

The software development is another profit opportunity for Robert Smith. He gave himself 62.5% ownership of the software also. Even if Pala Interactive is unprofitable the software can be licensed to other gaming companies and Robert Smith will profit. Do you think that it is a conflict of interest for the Band's Chairman to use the Casino's revenue to fund a company that operates for his benefit?

It matters not to me what quality of businessman Jim Ryan is. He works for Robert Smith. The whole deal is a scheme to defraud the PBMI. Pala Interactive uses the name of Pala, claims to be owned by PBMI, and leverages the sovereign immunity and privileges of the Band to operate online gaming that is not regulated by the NIGC. The Band does not benefit. The Band has not been informed in any way regarding the investment, the performance, or the obligations of the Band in regards to Pala Interactive. If it is a losing prospect, and there is no way to tell since there is no financial data available, then the Casino revenue is funding the company.

That is money out the door that could benefit the Band, and it is wholly irresponsible, corrupt, and criminal for the Chairman to treat the Casino as his piggy bank.

Reinstatement_Restitution said...

Kilma, it's okay if you don't remember all the details clearly. I know these things happened years ago. For what its worth, the Pala Raceway contract and permit were approved by Robert Smith without General Council authorization. This led to King Freeman raising the issue that the EC overstepped its authority, and a petition was circulated trying to get the Band to assume control of the Raceway operation. So the Raceway was not voted down by the GC; the GC never had a chance to vote on it before construction began.

The Band's financial information should be reported to the General Council on a periodic basis. The IGRA requires that the audited financial statement from the gaming enterprise be presented to the Indian gaming entity on a quarterly basis. Withholding such financial information is a violation of the IGRA. The kind of financial reporting the EC gives to the Band is useless. There is no detail, it is not tied to any financial statement, and it appears to be based upon the amount of per-capita distributed as a percentage of total revenue. The Band never knows the actual performance of its investments, doesn't know if the per-capita should be adjusted based on performance, and has no way of driving improvement in performance. It is a complete failure on the part of the EC, and would be called malfeasance in the real world where share holders have a right to know about the status of their investment.

Pala Interactive is a scheme to convert Casino revenue to personal interest in the ownership of the company and the revenue generated from online gaming and software licensing. It is not an investment of the Band because the Band does not participate in it. The funds used to keep the business afloat while it builds its customer base are not reported. The company is not reported as an asset of the Band. The Band's name is used without compensation to the Band.

It really doesn't matter how competent Jim Ryan is. He works for Robert Smith who is the majority owner of joint venture. He does not report to the Band. No one in the Band knows anything about Pala Interactive. It has not appeared on a General Council meeting agenda. There is no reason for Jim Ryan to operate Pala Interactive in the Band's best interest. He reports to the shareholders, not to the Band.

The General Council has been lied to. Robert Smith approved the Memorandum of Agreement on his own say so. He authorized the use of loan money backed by the collateral of future gaming revenue to fund the start up costs. He set himself up as majority owner and other EC members sit on the Board of Directors. The PBMI has been and continues to be defrauded. If this is new information to you then I can understand your comments. If you already knew this then you are participating in the attempt to defraud the Band.

Uncle said...

Kilma, why has Smith and Nieto blamed you for the disenrollments of the second round of 154 Tribal Members?
Why haven't you spoken up before and help these people.
What are your intentions for the future as far as running for office?
Are you willing to run for Chairman if you are nominated ?
I believe that you have the smarts and the guts to do the right thing for the people of Pala.
I know that there are a lot of Members that have said that if you run for the top spot that you would get their votes.
You don't have to answer this question right now, but it's something for you to think about , and also for the Members to also think about.

Anonymous said...

why don't Robert take the homes away from the one that were arrested in Pala look it up, arrests in Pala,Robert took away Bernies home,it is not bad as these 3 people that were arrested.They should kick these 3 out of pala for life.

Anonymous said...

I agree with 8:15