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2002 - Harness Tracks of America, Inc.

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HARNESS TRACKS OF AMERICA<br />

Executive Newsletter<br />

A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />

Stanley F. Bergstein, Editor<br />

THE GAO SPEAKS UP<br />

Another voice has been heard from on the Internet<br />

gaming issue, this time in Washington where the<br />

General Accounting Office said that ambiguities<br />

contained in the Wire Act could legally hamper the<br />

applicability <strong>of</strong> the act to Internet gambling. That<br />

probably is not what congressmen Michael Oxley<br />

<strong>of</strong> Ohio, John LaFalce <strong>of</strong> New York and Spencer<br />

Bachus <strong>of</strong> Alabama were looking for when they<br />

asked the GAO to prepare an interim statement<br />

for a report, due in November, that they had requested.<br />

According to Interactive Gaming News,<br />

the GAO did not report any firm conclusion about<br />

the legality <strong>of</strong> Internet betting, but did note that<br />

“certain ambiguities” may limit its applicability,<br />

one example being whether its provisions apply to<br />

all types <strong>of</strong> betting or are limited to sporting events<br />

and contests. The Department <strong>of</strong> Justice, <strong>of</strong><br />

course, takes the view that the Wire Act is not<br />

limited, but the GAO points out that case law is<br />

conflicting on the issue. In another view <strong>of</strong> the<br />

issue, Frank Fahrenkopf, spokesmen for the<br />

nation’s casinos, continues to walk a tightrope, or<br />

continues to try to stand on both sides <strong>of</strong> the issue.<br />

The former Republican party chairman<br />

blamed Bill Clinton for the present problems <strong>of</strong><br />

the Internet issue, charging in a recent speech that<br />

the Department <strong>of</strong> Justice was simply echoing the<br />

arguments <strong>of</strong> the Clinton administration, even<br />

though it presumably has the full backing <strong>of</strong> the<br />

present administration to do what it pleases.<br />

Fahrenkopf wants it both ways, saying the recent<br />

letter from assistant U.S. Attorney General<br />

Michael Chert<strong>of</strong>f declaring that Internet gambling<br />

is illegal “was meaningless,” but at the same time<br />

saying his <strong>America</strong>n Gaming Association still opposes<br />

it. Some <strong>of</strong> his biggest members still want<br />

it, however, so Fearless Frank has to stride like a<br />

colossus on both sides <strong>of</strong> the issue, the<br />

Janus <strong>of</strong> Internet gambling. He called the<br />

assistant attorney general’s letter “a minority<br />

view,” saying courts will decide the issue.<br />

September 24, <strong>2002</strong><br />

CONNECTICUT GETS QUASHED<br />

As reported here yesterday, the state <strong>of</strong> Connecticut<br />

has been seeking to have a federal moratorium<br />

declared on recognition <strong>of</strong> Indian tribes, in<br />

an effort to slow down the spread <strong>of</strong> Indian gaming.<br />

Its Democratic senator Christopher Dodd<br />

tried yesterday, introducing the moratorium bill and<br />

saying on the floor that the tribal recognition process<br />

was broken and needed to be fixed, adding<br />

that “I don’t know anyone who really disagrees<br />

with that.” Shortly after, he discovered that 80 <strong>of</strong><br />

his colleagues apparently disagreed, as they voted,<br />

80 to 15, to reject Dodd’s amendment. The Las<br />

Vegas Review-Journal attributed the defeat to the<br />

growing influence <strong>of</strong> tribal gambling advocates on<br />

Capitol Hill, noting that in July, the House voted<br />

273-151 to deny the creation <strong>of</strong> a federal commission<br />

to study whether organized crime has infiltrated<br />

Indian gaming. Senator Dodd was joined in<br />

his amendment push by fellow Democrat Joseph<br />

Lieberman, opposing the efforts <strong>of</strong> the Eastern<br />

Pequot tribe to build still another major casino in<br />

Connecticut, joining the Mashantucket Pequot’s<br />

Foxwoods Resort and the Mohegan Sun. Their<br />

quest was quashed by another Democrat, Senator<br />

Daniel Inouye <strong>of</strong> Hawaii, chairman <strong>of</strong> the Senate<br />

Indian Affairs Committee, who led the opposition<br />

and noted that the Eastern Pequots had sought<br />

tribal recognition 24 years ago, long before Indian<br />

gaming was ever dreamed <strong>of</strong> as an issue. Inouye<br />

disputed the idea that most Indian tribes are seeking<br />

recognition for gambling purposes, pointing out<br />

that the largest Indian tribe in North <strong>America</strong>, the<br />

Navajos, will not permit gambling on their lands.<br />

CASE IN HOT WATER...AGAIN<br />

Walter Case, who failed to show up for 36 drives<br />

at the Delaware County Fair, has been barred from<br />

that track and fined $1,800. Little Brown Jug boss<br />

Tom Thomson acknowledged Case’s huge<br />

talent, but asked, “What good is it? He’s<br />

got to get his life together.”

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