2 February 18, 1997 SMOKE SIGNALS Casino case sets legal precedent in Oregon Tribal Council minutes By Tracy Dugan A legal precedent has recently been set in the state of Oregon concerning a trial between Spirit Mountain Casino and a former employee. Dong Ok Lee has been convicted of cheating the Casino in Polk County Circuit Court in Dallas. Lee was employed by Spirit Mountain as a dealer last year. During that time, the Casino's surveillance team noticed some irregularities in his dealing style and behavior, so he was placed under observation. One night he was observed "dumping the table" by the surveillance employees, and was monitored on camera for a period of three hours before the pit was closed down and he and the customers at his table were questioned. "Dumping the table" is a term used in casinos to describe a dealer who is purposely altering the games to give the customers an advantage over the house. Lee admitted to cheating and was arrested by Oregon State Police. The surveillance tapes showed him revealing both of his blackjack cards to the players so they would know how to bet, skipping players, and giving one person's card to someone else. Lee had been receiving tips which far and away exceeded the average gratuity amount a dealer will earn on a typical shift. After Lee's arrest, the Polk County D.A. received the evidence, and it was presented to a grand jury who indicted him for felony theft. The defense attorney argued that the blackjack chips that were used in the theft had no monetary value above what it costs to make them, which is about forty cents. Therefore, Lee really didn't steal as much as the Casino claimed. But the judge in the case ruled that casino chips are a symbol of indebtedness, and therefore had a value equal to their face value. (A $5 chip is worth $5, not the forty cents it costs to make it.) The defense attorney also argued that when he altered the play, Lee's actions didn't constitute theft, just because he let the players win. They could have won any way. But here, the judge said that because the Casino lost the opportunity to win (in accordance with the predeter mined odds in a typical game of blackjack), it was consid ered theft. Because this was the first criminal action suit involving a casino in Oregon, there was no prior case law for the judge to rely on when making his decision. The judge set a precedent in his ruling. Now there is a case in the legal books other judges can use as guidance in their rul ings if a similar case ever goes to trial. The judge ordered Mr. Lee to serve 10 days in jail and pay $3,000 in fines and court costs. He is on probation for five years, and may not enter the premises of Spirit Moun tain Casino during this time. He is also prohibited from going to work at another casino in Oregon. Joe Smith, Director of the Gaming Commission, said, "Because of the sharing of information agreement we have with the National Indian Gaming Association, chances are, if Mr. Lee ever tries to apply for a job in any Indian Casino, they will be advised of his conviction." In other words, because he tried to steal from Spirit Mountain Casino, Dong Ok Lee will probably be banned for life from the gaming profession, even in Las Vegas and Atlantic City. The Casino has hired a top-notch group of security and surveillance employees to guard against instances of theft such as this. When these criminals are apprehended, it saves the Tribe and its members money. Wednesday, January 29, 1997 Ed Larsen, Vice Chair, called the meeting to order at 5 : 1 0 p.m. Kathryn Harrison was ill, and her absence was ex cused. A quorum of eight members were present. Linda Layden, Housing Program Manager for the Tribe, made some recommendations to Council regarding changes in the existing housing programs (see story, this page). Patti Tom-Martin, a member of the Tribe's Health Com mittee, made a recommendation to Council regarding three vacant seats on the Committee, and who the members feel would be best qualified to serve. A comment was made from an attendee that no notice of vacancy was published in Smoke Signals, so that all of our qualified tribal mem bers would have a chance to apply to be on the Health Com mittee if they desired. Council decided to publish a notice in Smoke Signals (see page 5) before approving the three members the Committee recommends. Joe Smith, Director of the Gaming Commission, deliv ered the Commission's Quarterly Report to Tribal Council. Mike Larsen, Chairman of Spirit Mountain Board of Di rectors, presented Council with the names of three people the Board recommends to serve on SMDC BOD. Council approved to appoint Len Bergstein, Clyde Hamstreet, and Clyde Stryker to the Board of Directors. Tribal member Michael Reibach, Director of Spirit House, Inc., presented Council with documentation proving Spirit House as being listed under Oregon's non-profit business status. Currently Spirit House is providing shelter for nine tribal people. Council requested some documentation de tailing the budget and services Spirit House provides. The meeting was adjourned at 7:30 p.m. Changes made to some housing grant programs The Tribal Council approved several changes recom mended by the Grand Ronde Tribal Housing Authority for the repair and down payment grant programs operated by the Authority and funded by the Tribe. The Emergency Repair program grant amount is increased from $2,500 to $3,000 to keep up with the rising costs of emergency repair work. Income limits have been added at the same level as the Major Rehabilitation program (there were no income limits in 1996). Major Rehabilitation can now be considered for homes that were repaired prior to 1996 with BIA HIP funds and still need major improvements. Tribal homeowners within the Authority's ten county service area are encouraged to call for information about the Major Rehabilitation program if they need major home repairs. The Down Payment program has added maximum an nual gross household income limits of $65,000 (there was no limit in 1996). This year 30 of the funds available for this program are being targeted to applicants outside of the ten county service area. This corresponds to the percent age of those applicants currently on file. There is a long waiting list for the Down Payment program at this time. Tribal members may obtain information on these pro grams by calling Bryan Langley at the Grand Ronde Tribal Housing Authority at 879-2467 or toll free at 1-800-422-0232, extension 2467. Smoke Signals is a publication of the Confederated Tribes of the Grand Ronde Community of Oregon. We have established an Editorial Policy to encourage input from readers about stories printed in Smoke Signals, as well as other tribal issues. However, all letters must be received at the newspaper office with author's signature, address, and phone number in order to be considered for publication. Letters must be printed or typed, and cannot exceed 300 words. Smoke Signals reserves the right to edit any letter for clarity and length, and to refuse publication of any letter or any part of a letter that may contain libelous statements or personal attacks. Not all letters are guaranteed publication upon submission. Published letters do not necessarily reflect the opin ions of Smoke Signals, tribal employees, or Tribal Council. Mail letters to: SMOKE SIGNALS, 9615 Grand Ronde Road, Grand Ronde, OR 97347. mmmmm Housing Authority recruits Board Commissioner N The Housing Authority is recruiting persons inter ested in serving on the Board of Commissioners. Two positions will expire as of March 28, 1997. The term of office is three years. Both of these positions are currently held by non-tribal members, and these two positions are open to both tribal and non-tribal mem bers. One of the two Commissioners is expected to re-apply. Anyone who is interested in serving on the Board should have a demonstrated interest in housing and experience in the housing field in some capacity such ' as: affordable housing development, property man agement, residential building construction, housing financing, housing planning, or other related areas. There is a need at this time for someone in the bank ing industry or business arena to balance the Board's expertise. The Board oversees all housing management and operations for the Tribe, and is responsible for policy making decisions. The Board meets approximately every two weeks on Monday evenings at 6:00 p.m. Interested applicants should send a letter outlining their interest and qualifications to: Linda Layden, Director Grand Ronde Tribal Housing Authority 9615 Grand Ronde Road Grand Ronde, Oregon 97347 ALL LETTERS NEED TO BE RECEIVED BY MARCH 3rd TO BE CONSIDERED.