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ANDREW W. TWIETMEYER State Bar No. 254436

LAW OFFICE OF ANDREW W. TWIETMEYER
10780 Santa Monica Blvd., Suite 401
Los Angeles, CA 90025
Tel:
(310)909-7138
Fax: (310)446-2140
email: awt@twietmeyerlaw.com

fFU[L~[Q)
SUPERIOR COURT OF CALIFOR IA
COUNTY OF RIVERSIDE

R. Alessandro

Attorney for Plaintiff, BENEDICT COSENTINO

JUN 11 2013

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

UNLIMITED JURISDICTION

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BENEDICT COSENTINO,

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Plaintiff,
vs.
STELLA FULLER (an individual); JOHN R.
MAGEE (an individual); JASON P.
MALDONADO; (an individual); WILLIAM R.
RAMOS (an individual); ROBERT B. VARGA
(an individual); and DOES 1 to 50 inclusive,

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Defendants.

Case No.: MCC 1300396

DECLARATION OF BENEDICT
COSENTINO IN OPPOSITION TO
DEFENDANTS' MOTION TO
QUASH/MOTION TO DISMISS
COMPLAINT
Date: June 24, 2013
Time: 9:00 a.m.
Dept.: 12
Complaint filed: March 25, 2013
[Opposition to Motion to Quash/Motion to
Dismiss; Evidentiary Objections to
Declaration of Mark Macarro; and
[Proposed] Order on Evidentiary Objections
to Declaration of Mark Macarro; Request
for Judicial Notice filed concurrently]

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DECLARATION OF BENEDICT COSENTINO

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I, Benedict Cosentino, declare as follows:

1.

I am over 18 years of age and have personal knowledge of the facts in this

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DECLARATION OF BENEDICT COSENTINO IN OPPOSITION TO DEFENDNTS' MOTION TO
QUASH/MOTION TO DISMISS COMPLAINT

declaration except for those matter which I declare upon information and beliefwhich matters

I believe to be true. If called as a witness, I could and would competently testify to these facts

under oath.

1.

In April, 2007, I started working as a table games dealer at the Pechanga Casino.

2.

When I started that job, I already had 9 years of experience working as a table games

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dealer in other Casinos in Nevada and California.

3.

During my first day on the job, I attended an orientation session. In that session, a

representative of the Pechanga Casino's human resources department told me that I should come

forward if I saw anything improper happening at the Pechanga Casino. He told me, we don't

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retaliate.

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4.

In my first few months of employment at the Pechanga Casino, I saw numerous

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instances of what I believed to be criminal misconduct including an online casino being operated

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from the floor of the Pechanga Casino; brokered marriages to immigrant workers; loan sharking;

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buying and selling jobs at the Pechanga Casino; extortion and bribery; comp fraud; rampant

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employee theft; collusion between corrupt dealers, supervisors & players.

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5.

I was very troubled by what I saw, and, in or about June 2007, I confided in my

licensing agent at the Pechanga Casino, Ms. Hiroko Arnold about what I had witnessed.
6.

Shortly thereafter, I received a call from Pechanga Casino compliance officer, Tim

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Hawk. Mr. Hawk told me that he gave my contact information to Walter McKinney and Martin

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Hughes of McKinney Investigations, LLC.

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7.

I am informed, and believe that I can prove, that in 2006, the Pechanga Development

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Corporation hired McKinney Investigations to conduct an internal investigation into criminal

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corruption involving employees of the Pechanga Casino.

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8.

In or about July 2007, I met with Mr. McKinney and Mr. Hughes and told them what

I had witnessed happening at the Pechanga Casino. Mr. Hughes asked me if I would assist the

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DECLARATION OF BENEDICT COSENTINO IN OPPOSITION TO DEFENDNTS' MOTION TO
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California Department of Justice as a confidential informant. I agreed to do so.

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Thereafter, I assisted the Department of Justice as an informant on numerous criminal

investigations.
10.

I agreed to assist law enforcement because I could not bear to stand idle while the

Pechanga Band was robbed by their patrons and their own employees.
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In acting as a confidential informant, I risked my personal safety to help prevent theft

from the Pechanga Band and to protect the integrity of the Pechanga Casino's gaming activities.

I never asked for any payment or reward, and never received any. I was just doing what I

thought any decent person was obligated to do.

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I am informed, and believe that I can prove, that with my assistance, law enforcement

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identified corrupt Pechanga Casino employees and patrons, and developed evidence which lead

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to several convictions.

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13.

In May 2009, I accompanied Mr. McKinney and Mr. Hughes to a meeting with the

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Pechanga Gaming Commission. The Commission was then lead by Chairman Norman Pico.

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Mr. Pico passed away in 2010. Defendants Maldonado, and Ramos also sat on the Commission

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at that time.

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14.

In that May 2009 meeting, I told the Commission about my assistance to McKinney

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Investigations and the Department of Justice as a confidential informant. I told the Commission

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about the ongoing criminal activities happening at the Pechanga Casino. Chairman Pico thanked

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me repeatedly and asked me why I had gotten involved. I replied that to see what I saw and do

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nothing would have been too hard to live with.

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15.

I am informed, and believe that I can prove, that after the May 2009 meeting, the

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Commission sought the assistance of the United States Department of Justice, the California

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Department of Justice and the Riverside County District Attorney's Office in investigating

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criminal corruption at the Pechanga Casino involving vendors, employees, and elected officials

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DECLARATION OF BENEDICT COSENTINO IN OPPOSITION TO DEFENDNTS' MOTION TO
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of the Pechanga Band.

16.

From then on, Chairman Pico frequently sought me out to speak with me about what

was happening on the Pechanga Casino floor. Chairman Pico repeatedly thanked me for my

help.

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17.

I am informed, and believe that I can prove, that in or about late 2009, Defendant

Fuller was elected to the Commission.

18.

I am informed, and believe that I can prove, that on more than one occasion when the

Commission met with investigators to discuss the investigation at the Pechanga Casino,

Chairman Pico insisted that Defendant Fuller leave the room.

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19.

In October 2010, Chairman Pico passed away leaving a vacant seat on the

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Commission which then consisted of Defendants Fuller (who became Chairwoman), Vargas,

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Ramos, and Maldonado.

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20.

I am informed, and believe that I can prove, that on March 6, 2011, the Pechanga

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Band held an election to fill the empty seat on the Commission left when Chairman Pico passed

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away. Defendant Magee was elected to fill that seat on the Commission.

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I am informed, and believe that I can prove, that on March 29, 2011, the Commission

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notified the Pechanga Casino's director of table games, Thomas Butler, by email, that the

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Commission wanted to meet privately with me at 11:00 a.m. on Friday April 1, 2011. The

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Commission did not send that email to me or otherwise notify me of its desire to meet with me.

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Instead, I learned about the March 29, 2011 meeting the following day from my

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licensing consultant, Valentina Hildebrand. Ms. Hildebrand surreptitiously informed me about

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the meeting and asked me not to tell anyone that she had told me.

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Ms. Hildebrand also gave me a copy of the March 29, 2011 email. A true and correct

copy of the email that Ms. Hildebrand gave me is attached to this declaration as Exhibit "A."
24.

My regular Friday shift began at 12:00 p.m. However, on Thursday, March 31, 2011,

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DECLARATION OF BENEDICT COSENTINO IN OPPOSITION TO DEFENDNTS' MOTION TO
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my floor supervisor informed me that I was to report to work and start my shift that Friday at

10:00 a.m.

25.

I was dismayed to learn that the Table Games Department had rescheduled my shift

to conflict with my 11:00 a.m. meeting with the Commission. However, to protect Ms.

Hildebrand's confidence, I did not protest the scheduling change. I assumed that the scheduling

change was an unfortunate coincidence and that, when summoned by the Commission, my

supervisor would simply relieve me from my shift.

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26.

After I left work on March 29, 2011, I made three calls to agents at the California

Department of Justice with whom I had worked in my capacity as a confidential informant.

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Each of those agents told me that if the Commission asked me about my activities as

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a confidential informant, I could not reveal any information about open cases because some of

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the open cases involved family members of Defendant Fuller.

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On Friday April 1, 2011, I commenced my shift at 10:00 a.m. At 11:00 a.m. I was

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still at my assigned table with chips in play. The rules of the Pechanga Casino strictly forbade

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me from leaving my table until relieved by another dealer.

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29.

At approximately 11:25 a.m., another dealer finally appeared at my table and relieved

me. My floor supervisor then told me to go to the Pechanga Casino's table games office.
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I did as I was told. When I arrived at the table games office I was left standing there

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for approximately twenty minutes. Mr. Butler's secretary, Marcia Yount, then told me that I was

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supposed to have met with the Commission at 11:00 a.m. I explained that I was at my table with

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chips in play working my assigned shift, and that I was not relieved until 11:25.

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31.

Pechanga Casino Day Shift Relief Supervisor, Valeri Pinnochi, then informed me that

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I was suspended pending an investigation. I was immediately escorted from the Pechanga

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Casino and told that I was barred from the premises until further notice.

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32.

In the following days, I called the Pechanga Casino every few days to inquire about

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DECLARATION OF BENEDICT COSENTINO IN OPPOSITION TO DEFENDNTS' MOTION TO
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my status and when I could return to work. No one returned my calls.

33.

I am informed, and believe that I can prove, that on April 19, 2011, defendant Ramos,

caused a letter to be sent to my former address--though I had provided the Pechanga Casino with

a current P.O. Box where I was receiving mail--and where I had received prior correspondence

from the Pechanga Casino.

34.

The April 19 Letter (which was given to me personally more than two weeks later)

stated that the Commission had suspended my license with intent to revoke, and that I had the

right to petition the gaming Commission for a hearing on the suspension and revocation.

35.

Because Defendant Ramos sent the April 19 Letter to my former address, I did not

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receive the letter. Consequently, I did not know that I could petition the Commission to request

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a hearing on my suspension, and therefore, I did not petition the Commission to request any

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such hearing.

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36.

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A true and correct copy of the April 19 Letter (which the Commission's secretary

gave me on May 4, 2011) is attached to this Declaration as Exhibit "B."

37.

After being escorted from the Pechanga Casino on April 1, 2011, I had spent more

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than a month without any income, and was unsure whether I had a job at the Pechanga Casino.

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On or about May 3, 2011, a friend of mine, Lucy Allen, persuaded me to call Defendant Ramos

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to inquire about my status.

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38.

On or about May 4, 2011, I called Defendant Ramos and asked him whether I had

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been fired. Defendant Ramos told me repeatedly that I was not fired and that the Commission

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just wanted to talk with me. Defendant Ramos requested that I meet with the Commission.

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39.

Defendant Ramos did not tell me that the Commission had suspended my license

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with the intent to revoke it. Nor did he tell me that I could petition the Commission to request a

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hearing on the suspension and revocation of my license. Therefore, I did not request any such

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hearing.

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DECLARATION OF BENEDICT COSENTINO IN OPPOSITION TO DEFENDNTS' MOTION TO
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Instead, at Defendant Ramos's request, I agreed to meet with the Commission hoping

that I could get back to work as I had been without an income for more than a month.
41.

Defendant Ramos referred me to the Commission's secretary Sally Bora. I spoke

with Ms. Bora by telephone on May 4, 2013. Ms. Bora told me that she had a letter for me and

asked me for my address.

42.

I did not feel comfortable sharing my home address, therefore, I requested that she

send the letter to my P.O. Box. Ms. Bora replied that the Commission would not send

correspondence to a P.O. Box. Therefore, I told Ms. Bora that I would come to retrieve the letter

personally from her.

43.

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On May 5, 2011, I went to retrieve the letter from Ms. Bora. When I arrived, Ms.

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Bora gave me a copy of the April 19, 2011 Letter (a true and correct copy of which is attached to

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this Declaration as Exhibit "B") informing me, for the first time, that the Commission intended

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to revoke my license.
44.

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After receiving the April 19, 2011 letter, I was unsure what I should do. I had met

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with the Commission about my cooperation with law enforcement when Norman Pico

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was chairman. However, now that Norman Pico had passed away, and now that Department of

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Justice representatives had told me that Defendant Fuller's family members might be implicated

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in some of the cases I was involved in, I was unsure why the Commission wanted to meet with

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me.

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45.

Ms. Bora called me again on or about May 6, 2011. She told me that she had

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scheduled my meeting with the Commission for May 11, 2011 and that she had a letter

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confirming the date for me. I told her to keep the letter and that I would pick it up when I

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arrived.

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Despite my misgivings, I desperately needed a job and hoped that I would simply be

given the opportunity to explain why I was unable to attend the April 1, 2011 meeting.

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DECLARATION OF BENEDICT COSENTINO IN OPPOSITION TO DEFENDNTS' MOTION TO
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Therefore, on May 11, 2011, I returned to the offices of the Commission for the meeting as

scheduled.

47.

When I arrived at the offices of the Commission on May 11, 2011, Ms. Bora gave me

a copy of the letter, which is dated May 4, 2011. A true and correct copy of the May 4, Letter is

attached to this Declaration as Exhibit "C."

48.

The letter states that I requested a hearing on my suspension. That is not true.

49.

On the contrary, I had agreed to meet with the Commission pursuant to Defendant

Ramos's request during our telephone conversation of May 4, 2011. I told Ms. Bora that I never

requested a hearing, but that I was meeting with the Commission at the Commission's request.

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50.

Ms. Bora offered no explanation for the letter.

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51.

I then met alone with the five members of the Commission (Defendants Fuller,

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Vargas, Ramos, Maldonado, and Magee). No one other than those five Defendants and I was

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present for the duration of the meeting.

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52.

Each of the five Commissioners shook my hand and thanked me for meeting with

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them. Defendant Ramos asked me if they could record the meeting, and Defendant Fuller told

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me that the meeting was between the five Commissioners and me only, and that "nothing said

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would leave the room." I agreed to allow the Commission to record the meeting.

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53.

The meeting then commenced. I asked the Commissioners if I was fired. Defendants

responded that I was not fired.

54.

The Commission then proceeded to ask me questions about my assistance to

McKinney Investigations and the Department of Justice as a confidential informant.

55.

The meeting was not conducted as a hearing on my fitness to retain my Pechanga

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Gaming License. Instead, the meeting felt more like an interrogation session during which

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Defendants pressured me to disclose what information I knew and what I had shared with

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McKinney Investigations and law enforcement.

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DECLARATION OF BENEDICT COSENTINO IN OPPOSITION TO DEFENDNTS' MOTION TO
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56.

During the course of the interrogation, Defendant Fuller repeatedly interrupted me,

scowled at me, and at one point, even shouted at me.

57.

The interrogation went on for over an hour. At the end of the interrogation,

Defendant Fuller stated to me, before she left the room, that the Commission would notify me of

its decision.

58.

Because the meeting had focused on interrogating me about my cooperation with law

enforcement, I did not understand what decision she was talking about, so I asked her, what

decision? Ms. Fuller responded that she was referring to the Commission's decision about

revoking my gaming license.

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59.

When I exited the room where I had just been interrogated, Raymond Miranda was

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standing right outside the room. He entered the elevator with me and stared at me as I rode the

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elevator to the first floor and exited the building. I am informed, and believe that I can prove,

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that Raymond Miranda is Defendant Fuller's father.

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60.

On May 13, 2011, Defendant Ramos telephoned me and left a voicemail. I returned

Defendant Ramos's call and we spoke.

61.

During the course of that call, Defendant Ramos repeatedly pressured me to resign

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from employment at the Pechanga Casino. Defendant Ramos told me that, if I would not resign,

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the Commission would revoke my gaming license.

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62.

Mr. Ramos told me a revocation would likely prevent me from ever getting another

job in any tribal casino.

63.

I was confused by Defendant Ramos's insistence that I resign, and shocked to learn

that the Commission was intent upon revoking my gaming license if I refused to resign.
64.

I asked Defendant Ramos if the Commission intended to revoke my gaming license

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because I missed the April 1, 2011 meeting. Defendant Ramos told me that missing the April 1

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meeting was one reason, however, Defendant Ramos also admitted that the Commission

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DECLARATION OF BENEDICT COSENTINO IN OPPOSITION TO DEFENDNTS' MOTION TO
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received a letter from my supervisor stating that he had kept me at my table and thereby

prevented me from attending the April 1 meeting.

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65.

I asked Defendant Ramos what would happen to my supervisor and he told me that

the Commission was "looking into it."

66.

Since Defendant Ramos made clear to me that the Commission had been informed

that I was prevented from attending the April 1, 2011 meeting, I asked Defendant Ramos again

why the Commission intended to revoke my license.

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67.

Defendant Ramos said that the other reasons for revoking my gaming license were

"personal," and that Defendant Ramos could not share them with me.
68.

I asked Defendant Ramos if the Commission had voted unanimously to revoke my

Gaming License. Defendant Ramos refused to tell me whether or not the vote was unanimous.
69.

I refused to resign stating that I had done nothing wrong, and that if I was not going

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to be able to return to work at the Pechanga Casino, then I needed to apply for unemployment

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insurance benefits while I sought another job. Defendant Ramos stated that the Commission

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would send me a letter revoking my gaming license.

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70.

On or about May 18, 2011, I received a Team Member Separation Form from the

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Pechanga Casino. The form was mailed to my P.O. Box. The form indicates that my

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employment with the Pechanga Casino was involuntarily terminated as of May 17, 2011 because

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I was unable to maintain my gaming license. Two true and correct copies of the form (one

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printed in high contrast for legibility of the handwriting thereon) are attached to this declaration

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as Exhibit "D."

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71.

On or about May 25, the Commission's secretary, Sally Bora, telephoned me to

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inform me that she had a letter for me to pick up. The letter was addressed to me at my former

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address and signed by Defendant Fuller. A true and correct copy of that May 25 letter is attached

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to this declaration as Exhibit "E."

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DECLARATION OF BENEDICT COSENTINO IN OPPOSITION TO DEFENDNTS' MOTION TO
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72.

To date, no reason for my revocation has ever been provided to me.

73.

I am informed, and believe that I can prove, that because the Commission had no

legitimate reason for revoking my gaming license, neither the Commission nor any Defendant

reported the revocation of my gaming license to the National Indian Gaming Commission.

74.

I am informed, and believe that I can prove, that despite Defendants' promise that my

May 11, 2011 meeting with the Commission would remain strictly between the five

Commissioners and me, Defendants have shared the transcript or recording of that meeting with

third persons.

75.

In July 2011, Defendant Ramos contacted me and requested that I meet with him. I

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met with Defendants Ramos for approximately two hours during which time he went through an

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extensive list of Pechanga Casino employees and he asked me to identify any corrupt employees

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on the list. I assisted Defendant Ramos by identifying both corrupt and trustworthy employees.

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76.

Tribal member Raymond Basquez and his wife Linda contacted me in or about

October 2011, and asked me to meet with Pechanga Tribal Council member, Ken Perez.
77.

During the next several weeks, I met with Mr. Perez several times and spoke with

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him by telephone on numerous occasions. He asked me to meet with the Pechanga Tribal

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Council and tell them about my experience at the Pechanga Casino.

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78.

Mr. Perez asked me to draft a timeline of what had happened to me so that he could

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review it prior to the meeting. I drafted a timeline by hand on four sheets of legal paper. Mr.

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Perez wrote notes in the margin of the timeline. A true and correct copy of the timeline, with Mr.

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Perez's hand-written comments visible in the margins, is attached to this declaration as Exhibit

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"F."

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79.

On December 13, 2011, pursuant to Mr. Perez's request. I met privately with the

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Pechanga Tribal Council. I told them about my experience including 1) how I witnessed

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criminal activity at the Pechanga Casino; 2) how I came forward to report that criminal activity;

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DECLARATION OF BENEDICT COSENTINO IN OPPOSITION TO DEFENDNTS' MOTION TO
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3) how I assisted law enforcement in rooting out corruption and convicting Pechanga Casino

employees and patrons who had robbed money from the Pechanga Band; 4) how I was

summoned to a meeting with the Commission that my supervisors prevented me from attending;

5) how I was suspended from work at the Pechanga Casino on April 1, 2011; 6) how on May 11,

2011, the Commission summoned me to its offices to interrogate me about my assistance to law

enforcement; and 7) how, after interrogating me, the Commission demanded that I resign and

revoked my gaming license when I refused to do so.

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80.

As I was explaining this time line to the Tribal Council, Tribal Councilwoman

Corrina Hicks observed that revocation of a gaming license was tantamount to an accusation of
theft, and that Pechanga would never hire someone who had had their license revoked.
81.

The Members of the Pechanga Tribal Council in attendance at the December 13, 2011

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meeting all thanked me and apologized to me for what I had been through. However, I was not

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offered the opportunity to return to my former job, or to any job at Pechanga.

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82.

I am informed, and believe that I can prove, that after I met with the Pechanga Tribal

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Council, the Tribal Council met with Manny Sanchez, an agent with local office of the National

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Indian Gaming Commission with whom I had worked in my capacity as a confidential

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informant.

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83.

I am informed, and believe that I can prove, that Manny Sanchez corroborated my

account to the Tribal Council.

84.

I am informed, and believe that I can prove, that prior to my meeting with the Tribal

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Council, McKinney Investigations's internal investigation of criminal corruption at the Pechanga

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Casino had been placed on hold.

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85.

I am informed, and believe that I can prove, that after the Tribal Council met with me

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and then with Mr. Sanchez, the Pechanga Tribal Council decided to have McKinney

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investigations present the results of its internal investigation to the Pechanga Band.

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DECLARATION OF BENEDICT COSENTINO IN OPPOSITION TO DEFENDNTS' MOTION TO
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86.

I am informed, and believe that I can prove, that on or about March 11, 2012,

McKinney Investigations gave a presentation to the general membership of Pechanga Band

about its internal investigation of criminal corruption related to the Pechanga Casino.

87.

I am informed, and believe that I can prove, that during the March 11, 2012

presentation, McKinney Investigations presented evidence that one or more of Defendant

Fuller's family members was involved in criminal corruption related to the Pechanga Casino.

88.

I am informed, and believe that I can prove, that during the March 11, 2012

presentation, McKinney Investigations (without revealing my identity) told the general

membership: 1) how I had come forward to report witnessing criminal activity at the Pechanga

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Casino; 2) how I had assisted law enforcement in rooting out corruption and convicting

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Pechanga Casino employees and patrons who had robbed money from the Pechanga Band; 3)

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how I was summoned to a meeting with the Commission that my supervisors prevented me from

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attending; 4) how I was suspended from work at the Pechanga Casino on April 1, 2011; 5) how

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on May 11, 2011, the Commission summoned me to its offices to interrogate me about my

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assistance to law enforcement; and 6) how, after interrogating me, the Commission demanded

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that I resign and revoked my gaming license when I refused to do so.

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89.

I am informed, and believe that I can prove, that Defendant Fuller then rose to speak

and repeatedly identified me by name and falsely stated that I am a convicted felon.
90.

I am informed, and believe that I can prove, that immediately after the March 11,

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2012 presentation, the Pechanga Band imposed sanctions on one or more members of Stella

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Fuller's family.

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91.

I am informed, and believe that I can prove, that within days of the March 11, 2012

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presentation, Defendant Fuller resigned from the Commission under pressure from the Pechanga

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Band.

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92.

On March 16, 2012, Defendant Magee telephoned me and asked me to come to meet

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DECLARATION OF BENEDICT COSENTINO IN OPPOSITION TO DEFENDNTS' MOTION TO
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at the Pechanga Band's legal office on March 19, 2012.

93.

At that meeting, Pechanga Deputy General Counsel, Steve Bodmer gave me a letter

signed by Defendant Vargas and addressed to my former address. My name is misspelled in the

letter. When I pointed that out, Mr. Bodmer reached over and crossed out a misplaced letter 'n'

from my last name. The March 16, 2012 letter states that the Commission had reconsidered the

revocation of my license and that my license is no longer considered to be revoked. A true and

correct copy of that March 16, 2012 letter is attached to this declaration as Exhibit "G."

94.

I did not understand, and I still do not understand, the meaning or value of the March

16, 2012 letter. I told Mr. Bodmer that if I disclosed to prospective employers that my license

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had ever been revoked, I would never be hired. Mr. Bodmer told me to tell any casino where I

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applied for work simply that I had quit working at the Pechanga Casino. He said, other casinos

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would never know that Pechanga had revoked my license. I reminded him that if any casino

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found out that I had been revoked I would be fired for not disclosing the revocation. Mr.

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Bodmer offered no advice on that problem.

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95.

Before leaving the March 16, 2012 meeting, I requested a copy of the March 16,

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2012 letter with my name spelled correctly. On or about June 13, 2012, I received a copy of the

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letter with my name spelled correctly by certified mail addressed to my P.O. Box. A true and

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correct copy of that letter is attached to this declaration as Exhibit "H."

19

96.

I am informed, and believe that I can prove, that attached to this declaration as

20

Exhibit "I" is a true and correct copy of the Pechanga Gaming Commission Hearing

21

Regulations that the Pechanga Band adopted in March 2012--immediately after rescinding its

22

revocation of my license.

23

97.

I am informed, and believe that that I can prove, that the Pechanga Band adopted the

24

new Pechanga Gaming Commission Hearing Regulations in response to my case, and to ensure

25

that the Pechanga Gaming Commission does not act outside the bounds of its lawful authority

26
27
28
14
DECLARATION OF BENEDICT COSENTINO IN OPPOSITION TO DEFENDNTS' MOTION TO
QUASH/MOTION TO DISMISS COMPLAINT

1
2
3
4

again in the future.

98.

Since the termination of my employment at the Pechanga Casino, I have applied for

work as a table games dealer at numerous tribal casinos.

99.

Each and every such job application has required me to state my reasons for leaving

my prior position. I have answered those inquiries by stating that the Commission suspended

and revoked my class A gaming license in May 2011. I have been denied employment at every

Casino where I have applied.

8
9

100. In or about September 2012, I became aware that the Pala Casino had open positions
for table games dealers. I called the Human Resources representative at the Pala Casino to

10

inquire whether it was worth my time to apply for a position. She told me that Pala has never

11

hired anybody who has had their gaming license revoked, but that I was welcome to apply and to

12

explain the revocation and reinstatement.

13

101. After that call, on September 25, 2012, I emailed Mr. Bodmer to let him know that I

14

was having difficulty finding work since receiving the March 16 Letter, and to alert him that I

15

would be listing several individuals from Pechanga as references on my application at Pala. I

16

also asked Mr. Bodmer to let me know if there was anything Pechanga did not want me to

17

disclose to Pala. A true and correct copy of my email to Mr. Bodmer is attached to this

18

declaration as Exhibit "J."

19

102. Pala refused to review my application. I was told that I would not even be eligible to

20

work in housekeeping because of the revocation of my gaming license. On September 28, 2012,

21

I again emailed Mr. Bodmer informing him of my inability to secure employment in my chosen

22

field. A true and correct copy of my September 28, 2012 email is attached to this declaration as

23

Exhibit "K." I have never received any response from Mr. Bodmer to the attached September

24

2012 emails.

25

103. I no longer hold out much hope that I can ever return to work as a table games dealer.

26
27
28
15
DECLARATION OF BENEDICT COSENTINO IN OPPOSITION TO DEFENDNTS' MOTION TO
QUASH/MOTION TO DISMISS COMPLAINT

Even if I were offered such a job, I worry about my safety in such a position. Therefore, I have
2

applied for work with numerous non-casino employers. However, I still have not been

successful in finding work.

104. Every prospective employer, whether a casino or not, inquires about my last position

and my reason for leaving. I always truthfully disclose that my employment was terminated

because my gaming license was revoked.

8
9

I declare under the penalty of perjury under the laws of the State of California that the
foregoing is true and correct.

10

11

Executed this

Li day of June, 2013 at

12
13
14

BENEDICT COSENTINO

15
16

17

18
19

20
21
22
23
24
25
26

27
28
16
DECLARATION OF BENEDICT COSENTINO IN OPPOSITION TO DEFENDNTS' MOTION TO
QUASH/MOTION TO DISMISS COMPLAINT

Exhibit "A"

Doreen.f:!S
From:
Sent
To:

Salty Borra
Tuesday, March 29, 201112:21 PM

Cc.:

Marcia Youn~ Thomas Butler; Kathy Kiyabu-Bagozzl

PGC Commissioners; Doreen May; PGC Reception; Jaime Joe; Chanda Corbin

Subject

RE: Benedict "Benny" Cosentino, Table Games Dealer, License# 14167

Please be advised the Gaming Commissioners would like to meet with Mr. Cosentino this Friday April 1st at ll:OOam.

Please have him report to the Gaming Commission Office 3rd floor conference room.
Thank you,

Sally

sa!fy 'Borra
'DiYecttn' of.lU:tm.si:ne
'Pecft.anea
{951) 77

:Jax (9SJ.)

Exhibit "B"

Temerula Band of Luiserio Mission Indians

PEOL\NW\ CiAMIN<i COMMISSION

April 19, 2011

Benedict Cosentino
40515 Denise Rd
Hemet. CA 92544

Notite of Suspension with intent to Revoke Class A Gaming License

Effective as of April 19, 2011

Dear Mr. Cosentino,

The Pechanga Gruning Commission has reviewed your application for a Class A Gaming
License in cotmeetion with your employment. and has determined that you are not suitable for a
gaming license.
We have notified Pechanga Reson & Casino and the Security Department of the Pechanga
Resort & Casino that your Class A License has been suspended with the intent to revoke. As a

result, you are not eligible to work at the Pechanga Resort & Casino.
You have fifteen (15) days from the date of this letter to contact the Gaming commission and
request a hearing for reconsideration of the above decision. The appeal procedures are set forth
on the attached sheet. Should you choose not to request reconsideration of the above decision.

your license inelig1oility will stand.

w~~
William Ramos - Chairman
PECHANGA GAMING COMMISSION

Attachment

45000

P.O. Box l 238 lemecula. CA 92593

Temecula, CA 92592 951/693-1821 951/695-4673 fax

Pechanga Pkwy.

Attachment
(Pechanga Gaming Commission Hearing & License Regulations)

18.5Appeal of Denial, Suspension or Revocation of License (Gaming License Regulations)

18.5.1 Decisions of the Gaming Commission regarding the denial, suspension or
revocation of licenses shall be final and effective when issued.

18.5.2 An applicant or licensee whose license is denied, revoked or suspended may,

within fifteen (15) days after the date ofreceipt of a written decision of the Gaming
Commission, file a petition with the Gaming Commission requesting a hearing to
reconsider the decision. The petition must set forth the basis of the request for
consideration. If no petition for reconsideration is filed within the time prescribed, the
decision shall be deemed final and not subject to further reconsideration. appeal, or
review by the Gaming Commission.
18.5.3 Notwithstanding the above, a member of the Band may, in addition, appeal a
denial, suspension or revocation of a license to the General Membership under the
following procedures. Such appeals from Tribal Members must be in writing and be
delivered to the Band's Business Council within thlrty (30) days of receiving notice of
the denial, suspension or revocation. The General Membership shall consider the
evidence presented by the applicant and the Gaming Commission, prior to making a
determination on the licensing decision. The appellant and the Gaming Commission may
offer such information and documents as are relevant to the determination of the
applicant's suitability for a license and may call witnesses to testify in such a proceeding
if such witnesses can provide information regarding the applicant's suitability. No
determination of the General Membership shall be considered valid if it would place the
Band in violation of an applicable tribal-state compact, the IGRA and regulations

promulgated thereunder, or any other applicable law. Any license so issued based on a
reversal of the Gaming Commission denial, revocation or suspension shall be issued for a
period of no longer than o;e (1) year.
17 .0

Hearings Closed to Public (Gaming License Regulations)

All hearings regarding gaming licensing proceedings or reconsideration of an
application shall be closed to the public unless specifically opened to the public by a twothirds (2/3) majority vote of the Gaming Commission.

14.0 Notification of Licensing Action (Gaming License Regulations)

The Gaming Commission shall promptly notify, in writing, each applicant upon
the grant or denial of the license. To the extent required under federal or state laws and
regulations, or other applicable law, the Gaming commission shall promptly notify the
NIGC and any other applicable federal or state agency of all licenses issued.
5.0

Availability of Rules and Regulations (Hearing Regulations)

Upon request, the Gaming Commission shall make available a copy of these
regulations to any licensed applicant, emp]oyee, or Petitioner at the office of the Gaming
Commission.

PECHANGA !NDIAN RESERVATION TEMECULA BAND OF- LUISENO MISSIOl\I INDIANS

GAMING COMMISSION

REQUEST FOR RECONSIDERATION OF COMMISSION DECISION

I,

request that the Pechanga Gaming

Commission reconsider its decision to 0 Deny/ 0 Revoke/ 0 Suspend my gaming license and
consider the following information:

If more space is needed, attach additional page(s).

Please notify me of the date and time for my hearing. My address is: _ _ _ _ _ __

My telephone number is: ('--_ ____,) _ _ _ _ _ __

Daytime

PRINT Full Name (legibly)

(,__~)

_______
Evening

Signature

Date Signed

Options for filing a petition to request a hearing:

1. Return the completed form in person to the Pechanga Gaming Commission office

2. Call the Pechanga Gaming Commission office at (951) 770-2794 to schedule a hearing
3. Mail the completed form to the Pechanga Gaming Commission office via Certified Mail
within the fifteen (15) day time frame stated in your letter

Note: You will be notified via Certified Mail of the date and time ofyc;>ur hearing

04.HearingRegs/ .Ol

FORM96-00I (Rev. IJ/09)

Exhibit "C"

Temecula Band of Luiseno Mission Indians

PECHANCiA OAMINu COMMISSION

May4, 2011
6e.nedict Cosentino
40515 Denise Road
Hemet, CA 92544

Mr. Cosentino,

The Pechanga Gaming Commission is in receipt of your request for a hearing regarding your Gaming
License status. Your hearing date is scheduled for Wednesday, May 11th at 11:30am. The hearing will
take place in the Pechanga Gaming Commission offices. Please ca!l 951693-1821, ext. 2794 to confirm

the date and time of your hearing.

Regards,
Pechanga Gaming Commission

P.O. Box 1238

45000 Pechanga Pkwy.

Temecula, CA 92593

+ Temecula, CA 92592 + 951/693-1821 + 951/695-4673 fax

Exhibit "D"

TEAM MEMBER SEPARATION FORM

Team Member Name:----- - - - ' - - - -- - - - -- - - B~#:
Position:

-~~

': ; :

Dare of Hire:

''

;'

'

~' 1

Date;

Fu~T~ Q Pan:-cimc 0

Last Day Worked: _ _ _ _ _ _ _ _ Separation Date (if diffctcnt from IDW):

VOLUNTARY RESIGNATION

\in,

(!''""

lj

DETAILS OF VOLUNTARY RESIGNATION

D To look fi:>r other employment

OTo accept anodler position with:-- - - - - - - 0 Oiss:ttis&ction with job/salary
DRdocation co: _ _ _ _ _ _ __ __ _ _ _ __

0 To attend school
0 Transport.adon problems
0

Pcnonal rea5Qns (specify in ..detaili' seaion)

0 Medical/Health reasons (explain in "details" section)

0 Failed to recum from Lave of Absence
D Abandonod p<>Sition (aplain in details..acction)

Was Leve ofAbsence avaibbld

Was Leave ofAbsence requested?

0 Other (explain in details'" sea:ion)

Was Leave ofAbsence gnum:d?

INVOLUNTARY TERMINATION

Ycs O NoO
YesD NoO
YcsO NoD

PtEASF PROVIDE DETAILS OF FINAL INCIDENT BELOW

Plea'le am.ch copies ofany rekvanc wamlngs

0 Layoff (Lack of work/Rt!ductlon In force)

DTemporary Layoff- Scheduled rerum date:------~

0
0

Failure to meet employer cxpcctations (Inability)

Poor performance {No misconduct)

D I=ubordinuion/Rcfus21 ro follow instructions

0 Flllnrc to fullow ~
0 Violation ofcompany policy or rule

D Falsification of rewrds

0 Absenteeism (Use dares/re9SOns)

0 Tardiness (JiSt dattslreMOns)
0 Intoxiaclon (:Jcohol/drugs}
D Unauthorhcd removal of company propcny
0 Other Mlscondoo: (~in details" ~on)

Supervisor Name: ----~-----~----_..__ _ _ Badgc#:...;::::~~=---l>ho.tie#: - - - - - - - Emplo~ has received a copy of this form: Yes 0

Employee Signature
0Te2nl Member refused to sign

No 0

Dare

~ployee unavailable fur sigrunwe, copy mailed

Original: Human Resources

Canary: Deparcmcnt Supervisor~

Pink: Employee

. R'!Jq\~

~1.-.L----L Date: ___:::u__.:;_~-----4(,.__

'.

.:..i...I\-

IPart-time 0

.:m. WW):...,.;,,;
.. i~lf,~
' i ;,__
-4lf..~

:.::i."'.<

'"

"~~:..,.

,.

...:..:.;;~1"r
t .

~:s:

~:....,~....::\

TMS:-!5~
iii~ , .: if

Exhibit "E"

Temerula Band of Luisefio Mission Indians

PE01AN<iA <iAMIN<i COMMISSION

May 25, 2011

Benedict Cosentino
40515 Denise Rd
Hemet, CA 92544

Re: Notice of Results of Hearing held May 11, 2011

Dear Mr. Cosentino,

Your licensing application has again been reviewed by the Pechanga Gaming Commission in a
hearing held on May 11, 2011 and it has been determined that you are not suitable for a Class A
Gaming License therefore your license is hereby revoked

In accordance with the Gaming Ordinance of the Temecula Band of Luiseno Mission Indians a
license may be revoked upon a finding by the Commission of a violation of the Gaming
Ordinance or regulations. A person holding a Gaming License shall be notified in writing that
hisJher license has been revoked.

Notice of restrictions are as follows: you are hereby restricted from the Pechanga Resort &
Casino Property for a period of twelve (12) months.

Sincerely,

Stella Fuller - Commissioner

Pechanga Gaming Commission

Attachment
P.O. BoX J 238 t Temecula, Cl\ 92593
45000 Pechanga Pkwy. t Temerula, CA 92592 951/693-1821 95 1/695-4673 tax

Exhibit "F"

v
I

,-t-- -

'....l--....-------

..
-

d-----r----

~---sftrltr &lj ~o~fiJ. llc~e~J~

---- 1[11

!' ; [

'MJ_ ~ Nh

f)Jt[{r'L

VJKJ

tevo/<R-f

____

e\#<95 () H-v&2flt<<f'"ft-_,

Exhibit "G"

Temecula Band of Luiseno Mission Indians

PEOIANCiA GAMING COMMISSION

March 16, 2012

Benedict C~entino
40515 Denise Rd
Hemet, CA 92544

Dear Benedict Consentino,

The Pechanga Gaming Commission wishes to inform you that we have

reconsidered the revocation of your Gaming License. After further review, your
Gaming License status with the Pechanga Gaming Commission is no longer
considered to be revoked.
The Pechanga Gaming Commission determines suitability based upon
standards set forth by the Tribe and the National Indian Gaming Commission.
Ultimately, it is our goal to serve the best interests of all involved, including the

licensee. It is our belief that this action best serves those interests.
The Pechanga Gaming Commission shall maintain a copy of this letter as part
of your licensing file.

Sincerely,

/:?f~/ ~

/
?7~~~

Robert Vargas
Vice-Cha inn an

PECHANGA GAMING COMMISSION

P.O. Box 1238 t Temecula, CA 92593

'l-5000 Pechanga Pkwy. Temecula, CA 92592 t 951/693-T 821

+ 951/695-4673 fax

Exhibit "H"

Temecula Band of Luiseflo Mission Indians

PEOIAN<iA GAMING COMMISSION

March 16, 2012

.Benedict Cosentino
P.O. Box 893032
Temecula, CA 9z5g9

Dear Benedict Cosentino,

The Pechanga Gaming Commission wishes to inform you that we have
reconsidered the revocation of yom Gaming License. After further review, your Gaming
License status with the Pechanga Gaming Commission is no longer considered to be
revoked.
The Pechanga Gaming Commission determines suitability based upon standards
set forth by the Tribe and the National Indian Gaming Commission. Ultimately, it is our
goal to serve the best interests of all involv~ including the licensee. It is our belief that
this action best serves those interests.
The Pechanga Gaming Commission shall maintain a copy ofthis letter as part of
your licensing file.
Sincerely,

r.o. BOX I 238 Temecula, Cl\ 'jZ~.,3

45000 Pechanga Pkwy. Temecula, CA 92592 t 951/6931821 t 951/695-4673 tax

Exhibit "I"

PGC Hearing Regulations

Page 2of10

Adopted 3/27I12

PECHANGA GAMING COMMISSION

HEARING REGULATIONS

1.0

General Provisions

l. I
Authority. The Pechanga Gaming Act of 1992 ("Act"), duly adopted by the Pechanga
Band of Luisefio Indians ("Tribe"), authorizes and requires the Commission to regulate, license, and
control gaming on the Tribe's Reservation. The Pechanga Gaming Commission ("Commission") has the
duty and responsibility to conduct background investigations for gaming license applicants and to grant or
deny licenses based on those findings, as well as to suspend or revoke any gaming license if a licensee is
not in compliance with applicable laws and regulations. The Commission also has the duty and
responsibility to conduct such hearings as are needed to resolve disputes that may arise in association with
the Tribe's Gaming Activities.
1.2
Scope.
These Hearing Regulations shall govern all hearings conducted by the
Commission, including those conducted by the Review Panel, as described herein. The Commission shall
ensure that all hearings are conducted efficiently and in accordance with principles of due process of law.

1.3

Definitions.
1.3.1

"Act" shall mean the Pechanga Gaming Act of 1992.

l.3 .2 "Business day" shall mean Monday through Friday, excluding tribal or federal
holidays.
1.3.3

"Commission" shall mean the Pechanga Gaming Commission.

1.3.4 "Compact" shall mean the Tribal-State Compact between the Tribe and the State
of California, as amended.
l .3.5 "Gaming Operation" shall mean the Tribe's governmental project, which offers
and operates Class Ill gaming activities, whether exclusively or otherwise, and which
project shares all aspects of the sovereign immunity of the Tribe.

1.3.6 "Indian Gaming Regulato1y Act" or "IGRA" shall mean the Indian Gaming
Regulatory Act, 25 U.S.C. 2701 et. seq.

2.0

1.3.7

"NIGC" shall mean the National Indian Gaming Commission.

1.3.8

'Tribe" shall mean the Pechanga Band ofLuiseiio Indians.

Licensee Duties and Responsibilities

2.1
Licensee Standard of Conduct. It is the duty and responsibility of each person associated
with the Tribe's Gaming Operation to conduct themselves with integrity, honesty, and with the decorum
and manners necessary to reflect positively on the Tribe, its members, and the Gaming Operation.
Applicants or licensees who fail to abide by these standards, 01 who violate tribal rules, laws, customs, or

PGC Hearing Regulations

Page 3of10

Adopted 3/2 7/ l 2

traditions, any license or Compact requirement, or any other applicable law or regulation, arc subject to
Commission sanctions including suspension, revocation or denial of a gaming license.
2.2
Licensee Duty to Report. Each licensee is responsible for providing accurate and updated
information on a timely basis to correct and supplement any information requested on the gaming license
application. Failure to do so may result in disciplinary action up to and including denial or revocation of
a gaming license.

3.0

License Creates No Vested Right

A gaming license is a privilege subject to denial, revocation or suspension at any time. The
issuance of a gaming license shall not be construed as granting any vested right in or to such license, any
employment, or any other opportunity by virtue of which the license holder may become eligible.

4.0

Notice of Licensing Action 01 Decision

4. I
Notice Required. The Commission shall provide written notice to each applicant upon
the denial of a license and to each licensee upon revocation or suspension of a license.
4.2
Notice Content. The notice shall summarize the action taken and state that the action can
be appealed to the Review Panel within fifteen ( 15) business days after the receipt of the written notice.
A copy of these Hearing Regulations shall accompany the notice.
4.3
Notice Delivery. Written notice under these Hearing Regulations shall be considered
properly given if delivered personally with a signed acknowledgment upon receipt, or if sent via certified
mail through United States mail services. Notice provided through any means shall be considered
properly given if the recipient acknowledges receipt in writing.

5.0

Request for Reconsideration by the Review Panel

5. l
Opportunity for Review. Any applicant or licensee who receives a written notice in
accordance with Section 4 of these Hearing Regulations may file a Request for Reconsideration with the
Review Panel. The Review Panel shall be comprised of two (2) Commissioners and one (I) senior
Commission staff member.
5.2
Filing of Request. A Request for Reconsiderntion must be on the form provided by the
Commission and must be filed with the Commission within fifteen (15) business days after the receipt of
the written notice. If no Request for Reconsideration is properly filed within the time prescribed, the
action and/or decision relayed within the notice shall be deemed final and not subject to further
reconsideration or appeal.

5.2.1 Suppo1ting Documentation. Any applicant or licensee who files a Request for
Reconsideration with the Review Panel ("Requester") may attach additional information setting
forth the basis of the Request.
5.2.2 Tribal Member. Notwithstanding subsection 5.2 above, any member of the Tribe
who receives a written notice in accordance with Section 4 of these Hearing Regulations shall
have sixty (60) days after the receipt of the written notice to file a Request for Reconsideration by

PGC Hearing Regulations

Page 4of10

Adopted 3/27/12

the Review Panel. Such Request must be on the form provided by the Commission. If no
Request for Reconsideration is filed within the time prescribed, the action and/or decision relayed
within the notice shall be deemed final and not subject to further reconsideration or appeal.
5.3
Hearing Date. Upon receipt of a properly filed Request for Reconsideration, the Review
Panel shall set the matter for hearing. The date set for the hearing shall be no more than thirty (30) days
from the date of receipt of the Request.
Requestor may, for good cause, request a continuance of the
5.3. l Continuance.
hearing. To be considered, the Review Panel must receive the request for continuance, including
the basis for such request, at least three (3) business days before the date set for the hearing. The
Review Panel may grant or deny the request for continuance and such decision shall be final.
5.4

Notice of Hearing. The Review Panel shall notify the Requestor in writing of the date,

time, and location of the henring at least fifteen (15) days before the date set for the hearing. Notice shall
be provided in accordance with Section 4.3 of these Hearing Regulations.
5.5

Costs of Review. Requestor shall be responsible for his or her costs associated with the

hearing.
5.6
Withdrawal of Application. An Applicant may request to withdraw his or her application
by submitting a written request for withdrawal to the Commission. The Commission, in its sole
discretion, may grant or deny the request for withdrawal.

6.0

Discovery Procedures for Hea1'ings

6.1
Witnesses. Each pa1ty shall submit to the Commission a list of persons that it intends to
call as witnesses no later than five (5) business days before a scheduled hearing. The day the list is
received by the Commission shall be considered a full day's notice. Where known, each witness shall be
identified by name, employer, title, and address. In its sole discretion, the Review Panel and/or the
Commission may prohibit any witness from testifying at a hearing.
6.2
Documents. Each party shall submit to the Commission a copy of all documents or other
tangible items that it intends to offer as evidence no later than five (5) business days before a scheduled
hearing. The day the documents are received by the Commission shall be considered a full day's notice.
In its sole discretion, the Review Panel and/or the Commission may deny admission of any document or
tangible item into evidence.
6.3
Confidential Materials. Any document believed to contain confidential information shall
be clearly designated as such by the submitter before being submitted to the Commission.
6.3. I Use of Confidential Documents. Documents that have been designated as
confidential shall not be disclosed by the Review Panel and/or the Commission (except as may be
required under any applicable law, cou1t order, or the Compact) without first providing the
submitter the opportunity to challenge such action.
6.3 .2 Tribal Proprietary Information. The Review Panel and/or the Commission shall
take such steps as necessary to protect the confidentiality of the Tribe's proprietary information
(including in camera inspections of any books, records, or relevant evidence) where such
information is needed in the course of deliberations.

PGC Mearing Regulations

Page 5of10

Adopted 3/27112

6.4
Briefing. Requestor may, but is not required to, file a written brief concerning the
issue(s) under review. Any such brief must be filed no later than five (5) business days before a
scheduled hearing, and may contain a summary of the Requestor's position, an argument supporting the
Requestor's position, and a statement of the action desired.
6.5
Subpoenas. The Commission has the power and discretion to issue subpoenas and to
impose reasonable penalties for noncompliance. Subpoenas may be issued to compel any person to
appear at a hearing, to give oral testimony, or to produce documents or other tangible items.

7.0

Hearing Procedures
7.1

Hearings Closed to Public. All licensing hearings shall be closed to the public.

7.2
Designated Hearing Official. One of the Commissioners serving as a member <~f the
Review Panel shall preside over all hearings before the Review Panel. The Commission Chair or bis or
her designee shall preside over all hearings before the Commission. Such Designated Hearing Official
shall call the hearing to order and contrnl the presentation of evidence, the appearance of witnesses, and
the order of the hearing.
7.3
Matter Introduction. Once the hearing is called to order, a summary of the matter under
review shall be presented. Such introduction shall include an introduction of all individuals present at the
hearing and, where needed, an explanation of attendance. Such introduction shall also summarize the
procedural history of the matter, explain why the hearing is being held, and summarize how it will be
conducted.
7.4
Presentation of Evidence. After the matter has been introduced, the hearing shall begin
with opening statements of all parties. The Commission shall present its opening statement first by
briefly stating its case and the evidence by which it expects to support it. The Requestor may then do the
same, or may preserve his or her opening statement to the beginning of his or her presentation of
evidence. Each party will then be provided the opportunity to present their evidence in full, and then
rebut the evidence against them.
7.4.1
Witness Testimony. All witness testimony shall be taken under oath and may
include any matters that the Review Panel and/or Commission deems relevant. The Review
Panel and/or Commission may ask questions of witnesses and may request or allow additional
evidence at any time. The Review Panel and/or Commission shall not be bound by technical
rules relating to witnesses. Witnesses shall be permitted to speak only when recognized. Failure
to appear and testify fully at the time and place designated may result in sanctions.
7.4.2 Evidence Admissibility. The Review Panel and/or Commission shall admit all
evidence deemed relevant, and shall exclude that which is immaterial or unduly repetitious. The
Review Panel and/or Commission shall not be bound by technical rules relating to evidence.
7.4.3
Burden of Proof. The burden shall be on the Requestor to present any and all
information at the hearing that Requester considers applicable to the issues, including whether the
evidence and information previously considered was erroneous, whether it was erroneously
interpreted, or whether it was considered in error.

PGC Hearing Regulations

Page 6of10

Adopted 3/27/12

7.5
Disruptive Conduct. The Review Panel and/or Commission shall have the authority to
eject any person from the hearing who is disruptive, disorderly, or who shows a lack of proper respect for
the Review Panel and/or Commission or the nature of the proceedings.
7.6
Ex Parte Communications Prohibited. An ex parte communication is a communication of
any kind between the Requestor and a member of the Review Panel and/or the Commission concerning
the action(s) and/or event(s) under review that is made outside the official proceeding and, where
applicable, without the participation of any other party. No ex. parte communication regarding the
action(s) and/or event(s) before the Review Panel and/or the Commission shall be made by or on behalf
of those party to a hearing before a decision is rendered.
7.6. l Penalty for Violation. In the event the Commission determines that an ex patte
communication has been made in violation of these Hearing Regulations, the Commission shall
have the authority to impose any sanction it deems appropriate.
7.7
Additional Evidence. At the close of the hearing, the Review Panel and/or Commission
may request additional infonnation or a briefing on the issues.
7.8
Standard of Review.
In any case that comes before t11e Review Panel and/or
Commission, the Review Panel and/or Commission may review all findings of fact and of law, or proceed
pursuant to a de novo standard. Upon a finding of good cause, the Review Panel and/or Commission
shall have the authority to affirm, modify, reverse, and/or vacate any and all decisions, sanctions, and/or
denials under review.
7.9
Hearing Record. The hearing record shall include all documents and evidence received
or considered by the Review Panel and/or Commission, as well as any filings, the minutes or other
recording of the hearing, and any decision, opinion, or findings.
7. l 0
Decision of Review Panel. The decision of the Review Panel must be in writing and a
copy of this decision shall be served upon all parties in accordance with Section 4.3 of these Hearing
Regulations. The Review Panel must issue a decision within thirty (30) days from the close of the
hearing. The decision shall summarize the action taken and state that the action can be appealed to the
full Commission. A copy of these Hearing Regulations shall accompany the decision.

8.0

Appeal to the Commission

8.1
Opportunity for Appeal. Any applicant or licensee who receives a written decision from
the Review Panel in accordance with these Hearing Regulations may appeal that decision to the
Commission by filing a Petition for Appeal.
8.2
Filing of Petition for Appeal. A Petition for Appeal must set fotth the basis of the appeal
and must be filed with the Commission within thirty (30) days after the date of the Review Panel's
written decision. If no Petitioq for Appeal is filed within the time prescribed, the decision of the Review
Panel shall be deemed final and not subject to further appeal.
8.2. l Content of Petition for Appeal. A Petition for Appeal must set forth the basis of
the appeal and may include a summary of the filer's position (the "Petitioner"), an argument
supporting the Petitioner's position, and a statement of the action desired.

PGC Hearing Regulations

Page 7 of 10

Adopted 3/27/12

8.2.2 Tribal Member. Notwithstanding subsection 8.2 above. any member of the Tribe
who receives a written decision from the Review Panel in accordance with these Hearing
Regulations shall have sixty (60) days after the date of receipt of the written notice to file a
Petition for Appeal. If no Petition for Appeal is filed within the time prescribed, the decision of
the Review Panel shall be deemed final and not subject to further appeal.
8.3
Request of Record. Upon receipt of a properly filed Petition for Appeal, the Commission
shall request that the Review Panel compile and transmit the complete record of the case to the
Commission. Such record should include the hearing record, as well as all written documents either filed
with or issued by the Panel related to the matter.
8.4
Consideration of Petition for Appeal. Within fifteen ( l 5) business days of receipt of a
properly filed Petition for Appeal, the Commission shall review the Petition and determine what action
shall be taken. The Commission shall have the authority to affirm, modify, reverse, and/or vacate any and
all decisions, sanctions, and/or denials under review and such decision shall be final. The Commission
shall also have the authority to conduct a hearing in the matter.

9.0

Commission Heal'ing

9.1
Hearing Date. Where the Commission decides to conduct a hearing, the matter shall be
set for hearing on a date no more than thirty (30) days from the date of the Commission's decision to
conduct such hearing.
9. J. I Continuance.
Petitioner may, for good cause, request a continuance of the
hearing. To be considered, the Commission must receive the request for continuance, including
the basis for such request, at least five (5) business days before the date set for the hearing. The
Commission may grant or deny the request for continuance and such decision shall be final.
Notice of Hearing. The Commission shall notify the Petitioner in writing of the date,
9.2
time, and location of the hearing at least fifteen ( 15) days before the date set for the hearing. Notice shall
be provided in accordance with Section 4.3 of these Hearing Regulations.
9.3
Discovery Procedures for Hearings. Discovery shall be conducted in accordance with
Section 6 of these Hearing Regulations.
9.4
Hearing Procedures. The hearing shall be conducted in accordance with Section 7 of
these Hearing Regulations.
9.5

Costs of Appeal. Petitioner shall be responsible for his or her costs associated with the

hearing.

9.6
Withdrawal of Application. An Applicant may request to withdraw his or her application
by submitting a written request for withdrawal to the Commission. The Commission, in its sole
discretion, may grant or deny the request for withdrawal.
9.7
Commission Decision. The Commission's decision shall be in writing and shall be final.
A copy shall be served upon all parties within thi1ty (30) days from the close of the hearing unless the
Commission, in its sole discretion, extends the time for issuance of the final decision. In no event shall
the Commission issue the final decision more than thirty (30) days from the close of the hearing.

PGC Hearing Regulations

Adopted 3/27/12

Page 8of10

10.0

Sanctions

I 0.1
Authority to Issue Sanctions. If any party fails to comply with any provision of these
Hearing Regulations, any order of the Review Panel and/or Commission, or any other applicable law,
regulation or agreement, the Commission may impose sanctions upon him or her.
10.2
Available Sanctions. Sanctions imposed by the Commission may include, but not be
limited to, the following:

10.2. I An order striking or prohibiting the use of any witness, document, evidence, or
other tangible item or any part thereof;
I 0.2.2 An order staying further proceedings or dismissing the proceedings or any part
thereof, or entering a judgment by default against the disobedient pa1ty;

10.2.3 A finding against the disobedient party;

10.2.4 Suspend, deny, or revoke any gaming or gaming-related license, including
machine and vendor licenses; or
l 0.2.5 Any other sanction deemed appropriate.

11.0

Tribal Member A1>peal to General Membership

Notwithstanding anything herein, a member of the Band may, in addition, appeal a revocation,
denial or suspension of a gaming license to the General Membership under the following procedures.
Such appeals from Tribal Members must be in writing and be delivered to the Band's Business Council
within thirty (30) days of receiving notice of the revocation, denial, or suspension. The General
Membership shall consider the evidence presented by the appellant and the Gaming Commission before
making a determination on the licensing decision. Appellant and the Gaming Commission may offer
such information and documents as are relevant to the determination of the appellant's suitability. No
determination of the General Membership shall be considered valid if it would place the Band in violation
of the compact, !GRA or any regulations promulgated thereunder, or any other applicable law. Any
license issued and/or reinstated based upon a reversal of a Gaming Commission action shall remain valid
for a period of no longer than one ( l) year.

12.0

State and/or Fede.-al Review

In addition to being licensed by the Commission, applicants and licensees may also be subject to

further licensing requirements imposed by or through the NIGC and/or the California Gambling Control
Commission ("CGCC"). If the NIGC or CGCC objects to the licensing of an applicant before the
Commission's issuance of a license to that applicant, the Commission must consider the NIGC's or the
CGCC's objections before issuing the license. If the NIGC or the CGCC objects to the licensing of an
applicant after a license has been issued, the Commission must suspend the license pending investigation
and a possible hearing based on the NIGC's or the CGCC's objections.

13.0

Notice of Revocation to National Indian Gaming Commission

PGC Hearing Regulations

Adopted 3/27 /! 2

Page 9of10

Upon a final decision of revocation of a gaming license or a decision to reinstate a gaming

license, the Commission shall notify the NIGC of its decision.

14.0

Availability of Rules and Regulations

Upon request, the Commission shall make a copy of these Hearing Regulations available to any
applicant or licensee at the Office of the Commission.

Exhibit "J"

From: bcosentino@hotmail.com
To: sbodmer@pechanga-nsn.gov
Subject: Pala
Date: Tue, 25 Sep 2012 13:51:26 -0700

Steve, I have had no success in bying to gain employment since you sent me my gaming
license reinstatement letter. All of the casinos I have applied at have not responded to my
applications. It is because I listed gaming license revocation as reason for termination at PRC.
Pala has a few open positions in their table games department I intend to apply for. I spoke to
a HR representative from Pala. She told me Pala has never hired anybody who has had their
gaming license revoked, but I am welcome to apply and to explain my revocation and
reinstatement. On the application one of the questions is if I ever had my gaming license
revoked. I think it will be best for me to put everything on the table and hope Pala offers me
employment. I am also going to list Mark Macarro, Ken Perez, John Palinkas, Willie Ramos,
Jason Maldonaldo, Mike Galavan, and 9 DOJ Agents as references. I will also indude my
revocation and reinstatement letters. I will be obligated to answer any questions Pala might
have if I am considered for employment. I am emailing you this so nobody will be surprised if
they are contacted by Pala. I have been unemployed for 18 months. It is my duty to provide for
my 2 year old son. Open positions in my career field are few. I have to go back to work. If
there is anything you feel I should not disclose to Pala on Thursday, let me know.
- Sincerely, Benedict Cosentino

Exhibit "K"

From: bcosentino@hotmail.com
To: sbodmer@pechanga-nsn.gov
Subject: Pala employment application
Date: Fri, 28 Sep 2012 15:09:05 -0700
Steve, Pala was not interested in my application. HR did not want to review it. I did not Ust any
of the DOJ Agents as references. I chose to just list the Pechanga tribal members as references
with hopes of them giving me a good reference so I could put this nightmare behind me and
. provide for my 2 year old son. Pala said I would not be eligible to even work in house keeping
because of my revocation. I am right back to square 1. I knew when PGC revoked my gaming
license because I refused to resign I would never work in my chosen career field again.