The Fine Point Group Wins Major Legal Victory Against Pueblo of Pojoaque in Buffalo Thunder Casino Dispute

SANTA FE, N.M., Dec. 12, 2011 /PRNewswire/ -- The Pojoaque Tribal Court has rendered a significant decision against the Pueblo of Pojoaque's gaming operations and in favor of The Fine Point Group for illegal tribal actions in terminating a business relationship between them. 

The Decision was rendered on December 9th by The Honorable June Lorenzo, a pro-tem Judge appointed by the Pueblo to hear The Fine Point Group's case. Judge Lorenzo ruled that the Tribe and various tribal officials acted illegally in terminating contracts and revoking a tribal gaming license in March 2011.  She ruled in favor of the firm on all issues while rejecting the Pueblo's justification for refusing to pay tens of millions of dollars owed Fine Point. 

"Judge Lorenzo's ruling clearly indicates that the conduct of several individuals, including Pueblo Governor George Rivera, who simultaneously – and contrary to federal indian gaming law and National Indian Gaming Commission policy – serves as Governor of the Pueblo, Chairman of the Tribal Gaming Commission, and President of two tribal gaming companies, was so inappropriate that it could not even pass muster within the Pueblo's own court," said Dennis Whittlesey, an Indian gaming law specialist in the Washington, DC office of Dickinson Wright, LLP, who serves as FPG's tribal gaming counsel.   "We are hopeful that with this definitive ruling, delivered by a judge hand-selected by the Pueblo itself, the Pueblo will demand that Mr. Rivera's conduct cease and the situation amicably resolved."

The Fine Point Group is also represented by Paul Bardacke, Kerry Kiernan, and Travis R. Steele of the New Mexico law firm of Sutin, Thayer & Browne, a firm with extensive litigation and Indian gaming expertise.  Bardacke, a former New Mexico Attorney General, served as the state's Chief Negotiator in developing gaming compacts with 16 New Mexican tribes and pueblos.  

In late 2010, The Fine Point Group entered into a consulting agreement with Buffalo Thunder, Inc. and Pojoaque Gaming, Inc., subsidiaries of Buffalo Thunder Development Authority, which is a wholly-owned tribal corporation.  The firm was hired as part of the proposed restructuring of more than $250M in casino development bonds that the Pueblo was unable to repay.  These now-heavily discounted bonds are owned by a variety of banks, hedge funds, and other institutional investors. 

The Pueblo's illegal contract and gaming license actions were taken only a few months after the documents were executed, and the Tribal Court specifically ruled each of those actions void ab initio and ordered reinstatements retroactive to the dates on which they were terminated.

Judge Lorenzo's Decision and the relevant briefs describing the case can be found at www.thefinepointgroup.com/buffalothunder.aspx

Contact:  Dennis Whittlesey, (202) 659-6928

About Dickinson Wright

Dickinson Wright is a full service law firm, employing more than 270 attorneys in offices located in Detroit, Nashville, Washington, DC, Toronto, Phoenix, Las Vegas, Troy (MI), Lansing (MI), Grand Rapids (MI) and Ann Arbor (MI).  The firm also has affiliate relationships with law firms in Malta and Lima, Peru.  The firm's Gaming Law Practice Group is recognized as preeminent both nationally and internationally, and two of its partners are Past Presidents of the International Masters of Gaming Law.  Mr. Whittlesey chairs the firm's Indian Gaming Group and represents Indian Tribes throughout the country, as well as local governments and developers in their relationships with tribes.  He has negotiated Tribal-State Gaming Compacts in various states, as well as comprehensive agreements for municipal services for tribal gaming and entertainment facilities throughout the country.  He recently was named Best Lawyers' "2012 Washington, DC Gaming Law Lawyer of the Year."

About Sutin, Thayer & Browne

Sutin, Thayer & Browne is one of New Mexico's largest law firms, with offices in Albuquerque and Santa Fe, providing exceptional service to a wide range of clients for 65 years.  Sutin counsels tribes, tribal entities and companies doing business in Indian country. Its Indian Law team has special expertise and background in Indian law, especially regarding Indian gaming and state compacts. Sutin also handles issues of tribal sovereignty and jurisdiction, government relations, civil litigation, commercial transactions, mortgage and commercial finance, real estate, land disputes, tribal probates, bond issues, taxation, statutory drafting, natural resource law, environmental law and water law.  Sutin lawyers are licensed to practice in the state courts of New Mexico and Colorado, the federal courts of the District of New Mexico and the Tenth Circuit, and the tribal courts of Acoma Pueblo, Hopi Tribe, Isleta Pueblo, Jicarilla Apache Tribe, Laguna Pueblo, Navajo Nation, Santa Clara Pueblo, Southern Ute Tribe, Ute Mountain Ute Tribe, Ysleta del Sur Tribe, and Zuni Pueblo.

About The Fine Point Group

Headquartered in Las Vegas, and with offices in Florida, Pennsylvania, Mississippi, and New Jersey, The Fine Point Group is one of the gaming industry's leading full-service management and consulting firms. In six years from its founding, the firm has completed engagements in 20 U.S. states and eight countries, and has more than a dozen, full-time, gaming experts – all of whom had years of property-level gaming expertise prior to joining the firm.  FPG is an Associate Member of the National Indian Gaming Association, and works with tribal clients in Washington, Oregon, California, Michigan, Minnesota, and Florida.  Named "one of the most sought-after consultants in the industry" by Global Gaming Business magazine, the firm specializes in asset optimization of gaming assets around the world. For more information, please visit http://www.thefinepointgroup.com.

SOURCE The Fine Point Group