Bettor Racing, Inc. v. National Indian Gaming Comm., No. 15-1335 (8th Cir. 2016)Annotate this Case
Bettor Racing sought judicial review of NIGC finding that Bettor Racing had committed three violations of the Federal Indian Gaming Regulatory Act, 25 U.S.C. 2711(a), and NIGC's issuance of a Notice and Civil-Fine Assessment. The court concluded that the facts support NIGC’s finding that Bettor Racing (1) operated without an NIGC-approved management contract, (2) operated under two unapproved modifications, and (3) held the sole proprietary interest in the gaming operations. Therefore, the district court did not err in upholding the charged violations. The court also concluded that the district court did not err in finding the $5 million fine both reasonable and constitutional. Finally, the court rejected Bettor Racing's contention that NIGC violated its right to due process when the agency dismissed the case on summary judgment without a hearing because NIGC relied on undisputed facts in reaching its conclusion. Accordingly, the court affirmed the judgment.