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More Than OK

Oklahoma is home to one of the largest casino industries in the United States, with well over 100 tribal casinos located throughout the state. These casinos play a significant role in the state’s economy, supporting nearly 76,000 jobs and generating $1.69 billion in tax revenue and tribal revenue share payments to all levels of government, per the American Gaming Association’s 2022 State of the States report.

In this article, we will examine the current state of the casino industry in Oklahoma, the long history of Oklahoma gaming compacts and the future outlook for tribal gaming in Oklahoma and beyond.

Market Overview

The Oklahoma casino industry is a major contributor to the state’s economy, providing significant amounts of revenue, jobs and entertainment to the citizens of the state. The Sooner State is home to 142 casinos and gaming enterprises, making it one of the largest gaming markets in the United States. The industry started in the early 1990s when the state government passed a law allowing for the development of gaming facilities. This led to a surge in the number of casinos, which now range from large, resort-style casinos to smaller, local gaming centers.

The National Indian Gaming Commission (NIGC) reports annual revenues by region. Oklahoma is split between two separate regions—Oklahoma City and Tulsa—as seen in the map at right. Unfortunately, these two regions encompass three different states, bleeding north into Kansas and south into Texas.

By using deductive reasoning, we estimate that of the $6.2 billion of revenue generated by these two regions, approximately $5.5 billion was generated by Oklahoma in FY 2021. This is roughly a 45 percent increase over FY 2020, which is to be expected given pandemic-related impacts. Interestingly, this makes Oklahoma one of the top five largest gaming markets in the country, including both commercial and tribal states.

According to the FY 2022 annual report of the Oklahoma Gaming Compliance Unit (OGCU), “the State of Oklahoma collected over $191.5 million in tribal gaming exclusivity in fiscal year 2022… based on over $3.19 billion in Class III electronic games and non-house-banked card games.”

This represents an increase over the previous year of 18 percent, outpacing the commercial market growth rate of 14 percent. The NIGC report represents total gross gaming revenue (GGR), while the OGCU only identifies the revenues on which exclusivity fees are paid—Class III revenue. Therefore, the difference between the NIGC figure and the OGCU figure is the Class II revenue generated by the state.

Oklahoma is a unique gaming market with regards to the significant amount of Class II gaming machines compared to Class III. Historically, Class II machines have been utilized to backfill markets that have surpassed their allotment of Class III machines, or to offer a different style of machine to the gaming patron. In Oklahoma, tribes have used Class II machines to help reduce exclusivity fees paid to the state while maintaining a quality gaming product, a model that has not been as successful in other gaming markets around the country.

Like the rest of the country, Covid-19 impacted the Oklahoma gaming market to the tune of 16 percent. While not the largest impact seen across U.S. gaming markets, it was significant enough to create job loss and decrease critical funding for non-gaming businesses as well as services offered to tribal members. Larger Oklahoma tribes like the Cherokee, Choctaw and Chickasaw Nations have been at the forefront of recovery and growth, and continue to invest heavily in their casino operations, build new facilities and expand existing ones.

These tribes have been successful in attracting new customers, increasing their market share and growing their revenue. The strong recovery in FY 2021 (32 percent) and FY 2022 (18 percent) indicates a resilient market and a trend that the Oklahoma market should continue to see moving forward.

The Compact Chronicle

Following the 1987 U.S. Supreme Court ruling in California v. Cabazon Band of Mission Indians and the 1988 Indian Gaming Regulatory Act passed by Congress, a framework for regulating tribal gaming activities was installed in the form of a compact.

Compacts are government-to-government working agreements on issues of mutual interest. This could cover any topic from services, land use and taxes to the use of natural resources or, in this instance, gaming. A gaming compact is a legal agreement between a Native American tribe and a state government that allows the tribe to operate certain types of gambling activities on their tribal lands in the state. Tribal gaming compacts are required by federal law for Class III gaming, which includes slot machines, casino-style games, and certain types of parimutuel betting.

The first compact in Oklahoma was signed in 1992 with a more substantial statewide compact being enacted in 2004 by state legislature and voter approval. This included significant expansion of the types of Class III games being offered as well as an agreement from the tribes to pay a Class III exclusivity fee in exchange for the prohibition of non-tribal gaming in the state. That compact expired in 2019, but was extended for another 15 years following a ruling by the Oklahoma Supreme Court.

Shortly following, the state and Governor Kevin Stitt negotiated new compacts with four tribes in a multifaceted effort to: 1) increase tax revenue to the state, which is used to support education; 2) bring Oklahoma more in line with what other states receive in exclusivity fees; and 3) allow some of the state’s smaller tribes to benefit from new and more lucrative casino locations.

Signed in the months after the majority of tribes in Oklahoma believed the Model Gaming Compact had automatically renewed, these compacts with the Otoe-Missouria Tribe, Comanche Nation, United Keetoowah Band of Cherokee Indians and Kialegee Tribal Town were controversial from the beginning, and by 2021 the Oklahoma Supreme Court had ruled them illegal. With that decision, Oklahoma tribes have reverted back to the original compact that was extended for an additional 15 years, now set to expire December 31, 2034.

Commercial Expansion of Oklahoma Tribes

Historically, tribes with extra resources generated by casino revenues often have focused on diversification outside of gaming. According to a piece by Michael Soll and Jeff Hartmann published in last year’s edition of Tribal Government Gaming, “many had ownership positions in a variety of businesses, but investment capital was limited and risk was quite measured.” This has led tribes to look in a different direction, a direction they are much more familiar with—the gaming industry.

In recent years, tribes have recognized the value they bring to the industry after being such a vital part of it for so long. Most tribes have compacts that limit the number of casinos they are allowed to have or the number of machines they are able to operate. Further, in many cases, opening a neighboring casino would simply cannibalize existing revenue streams instead of creating new ones. The obvious next move? Redirect much of the investment money previously used for outside investment back into the gaming industry, and more specifically, into the commercial gaming market.

As mentioned in the same article by Soll and Hartmann, “the road to commercial gaming investment by tribes dates back more than 15 years, having gained momentum following the Mohegan Tribe’s entry to the Poconos market in 2005, followed closely by the Seminole Tribe of Florida’s acquisition of Hard Rock International in 2006.” The Mohegan and Seminole Tribes paved the way for what has become a much more common outlet for tribes across the country, and Oklahoma is no exception.

In the early 2000s, the Cherokee and Chickasaw Nations entered the commercial market with the renovation of the Will Rogers Downs racetrack and casino in Claremore, Oklahoma, and the Remington Park racetrack and casino in Oklahoma City. Since then, the commercialization of Oklahoma tribes had cooled off until recently.

In today’s U.S. gaming environment, new markets are relatively rare. Areas of the country that accept gaming already have legalized casinos, while the ones against it have made their stance clear, even going so far as to enact legislation to prevent it in some cases. Accordingly, tribes looking to enter the commercial gaming environment must either: 1) purchase an existing commercial operation; or 2) wait for existing markets to expand.

Acquisition has been a major driver over the past several years, most notably with the Poarch Brand of Creek Indians’ purchase of Sands Bethlehem and the Seminole Tribe of Florida’s purchase of the Mirage in Las Vegas. Earlier this year, the Cherokee Nation became Oklahoma’s first tribe to enter the fray, finalizing their purchase of the Gold Strike Casino Resort in Tunica, Mississippi from MGM Resorts International. Chuck Garrett, president and CEO of Cherokee Nation Entertainment, told Business Wire, “This acquisition is a natural evolution for our company. Building our business outside of Oklahoma is a huge step that strengthens our ability to boost the Cherokee Nation economy while also building on our reputation of being a strong community partner and industry leader.”

Though less prevalent, expansion opportunities do occasionally emerge. After a long history of slot operations, Arkansas passed an amendment in 2018 to allow four full-scale casinos in the state. Its Pine Bluff license was awarded to Oklahoma’s Quapaw nation in 2019, marking the tribe’s first venture into commercial gaming.

“The Nation spent over five years working to bring a casino to the Jefferson County area, and to get the support of local government to make this happen made it all the better,” said Quapaw Nation Chairman Joseph Byrd. “The ability for tribes to leverage our level of expertise and grow into new markets is great for tribes as a whole.”

Aside from being awarded the license, Byrd also was extremely satisfied by the nation’s ability to open and operate a casino of this category during the middle of a pandemic: “When so many other businesses were failing, I am proud of our ability to move forward and open this casino.” The Arkansas facility generates nearly $150 million in GGR to support members of the nation.

While the Cherokee and Quapaw Nations are the only two Oklahoma tribes currently operating commercial gaming facilities outside of the state, they may not be the last. The Cherokee and Choctaw Nations both are vying for the final license in Arkansas, and the Osage Nation is exploring an opportunity to build a casino at Lake of the Ozarks in Missouri. The Chickasaw Nation also has partnered with several other entities proposing a $3 billion casino resort in Coney Island, New York. These nations join other large tribes across the United States seeking diversification in the gaming sector versus outside of it, a trend we believe will continue into the foreseeable future.

Conclusion

The Oklahoma gaming market is as unique as any that exists in the country. It creates tens of thousands of jobs, millions of dollars of revenue to the state, and billions in economic impact to direct and indirect entities associated with the industry. It is also a market approaching severe saturation.

To move forward, the state and its tribes must adapt and find new ways to grow to create long-term sustainability for the industry. As we’ve examined, both show a willingness to do so, but how these moves evolve the industry locally and the tribes in the context of a national, and possibly international, gaming industry will be interesting to watch.

Achieving the Upper Hand

The Department of the Interior (DOI) is revising its rules for review and approval (or disapproval) of tribal-state Class III compacts. The Rulemaking Announcement began with an extended review of tribal comments on a consultation draft. Comments on the public draft were due by March 1. The proposed rules would add guidelines and guardrails to existing DOI practice by publicly codifying current legal and administrative standards.

Currently, tribes wishing to conduct gaming under the Indian Gaming Regulatory Act (IGRA) must negotiate a compact—allocating gaming regulatory responsibility—with the state, then submit that compact for DOI review. The Secretary has 45 days to approve or disapprove the compact. Without any action, the compact is “deemed approved,” meaning that it goes into effect upon publication—but only to the extent it is consistent with law.

Nearly 35 years after the 1988 enactment of IGRA, the tribal-state gaming compact process remains problematic. Early fights concerned the scope of gaming that states must negotiate. When the Supreme Court rejected the Seminole Tribe’s suit to enforce good-faith compact negotiations against the state of Florida, as barred by state sovereign immunity, states seized leverage. Some compacts incorporated provisions that infringed on other tribal sovereign rights, in violation of IGRA. Absent a congressional “Seminole fix” to restore negotiation obligations, the secretary must protect tribes against state overreach.

Illegal Provisions

After a long struggle to achieve a compact, tribes have sometimes accepted questionable concessions, such as impermissible state taxes, allocation of state jurisdiction and non-gaming subject matter, and have asked the secretary to take no action on the compact, allowing it to go into effect as “deemed approved.”

The strategy permitted a tribe to establish a relatively stable basis for Class III gaming, even when some provisions diminished tribal rights protected by IGRA. The proposed regulations contemplate that a guidance letter, issued after the 45-day period, may list all provisions in a “deemed approved” compact found to violate IGRA. Upon publication, the compact is fully effective only to the extent consistent with IGRA. Compacted gaming can begin, but illegal provisions (even if not listed in the guidance letter) remain subject to challenge in court.

Violation of IGRA – But Still Approved?

By law, the secretary may disapprove a compact only if it violates IGRA, any other federal law or the trust obligation of the United States, but disapproval is not required. Sometimes, the DOI affirmatively approves a compact containing illegal provisions. The proposed rules recite the secretary’s discretion to do so.

This practice has and will continue to engender confusion for tribes attempting to negotiate new compacts. For example, in 2012, the DOI rejected a compact that would have governed Mashpee Wampanoag gaming in Massachusetts, detailing a number of violations, including attempts to regulate Class II gaming. But in 2021, the secretary affirmatively approved Arizona compacts that specifically limit tribes’ authority to conduct Class II games, perpetuating earlier compact provisions that included Class II positions in the number of maximum gaming positions permissible.

The proposed guidelines include regulation of Class II gaming in a list of activities that are considered evidence of a violation of IGRA, but this list will be only as helpful as the secretary’s willingness to enforce it.

Revenue Share

The regulations discuss “great scrutiny” of revenue sharing provisions to determine if any amounts in excess of regulatory fees are impermissible taxes, with specific reference to whether the state has provided substantial economic benefits to justify revenue sharing. Revenue sharing provisions have been perennially controversial since they were first approved nearly 30 years ago.

The Rincon Tribe successfully established, in 2010, that California offered inadequate consideration for significant revenue share demands in a compact amendment. By regulation, such a demand is “evidence of a violation of IGRA” and a basis to demonstrate in court that the state has not negotiated in good faith. Because California had earlier waived its sovereign immunity, Rincon could secure a remedy.

Protecting 21st Century Gaming Expansion

Competition for sports betting is fierce and litigious. The proposed regulations acknowledge tribes’ right to negotiate the conduct of statewide remote wagering or iGaming, provided that either state law or the compact establishes that the wagering take place at a server located on Indian lands, that the tribe regulates the gaming, and the player is not located on another tribe’s Indian lands.

Whether approved or “deemed approved,” compacts may still be challenged. In Florida, third-party competitors are seeking to invalidate sports betting provisions of the “deemed approved” 2021 compact for the Seminole Tribe. More recently, in Washington state, a card room seeks to invalidate sports betting provisions by claiming that tribal exclusivity violates Equal Protection.

Each case challenges the DOI directly and leaves out the compacting parties, while the impacted tribes have intervened as the “real party in interest” for the limited purpose of interposing their own sovereign immunity to defeat the challenge, preventing a court from considering the complaint at all. Decades after state sovereign immunity barred tribes from compelling compact negotiation, tribes are deploying their sovereign immunity to protect hard-won compact terms. A variant on the long-sought “Seminole fix.”

While they stop short of a “Seminole fix,” the proposed regulations announce standards to enhance protection of tribal compact rights. It remains to be seen how they will be applied and enforced.

Celebrating Native Women

Indian Gaming Association (IGA) Chairman Ernie Stevens Jr. and several IGA board members joined the 27th annual National Indian Women’s “Supporting Each Other” luncheon hosted in conjunction with the National Congress of American Indians (NCAI) Executive Council Winter Summit at the Capital Hilton on Wednesday, February 22, 2023.

Honorees included Marilynn Malerba, chief of the Mohegan Tribe of Connecticut and the first Native American to serve as U.S. Treasurer, and Shannon Holsey, president of the Stockbridge-Munsee Band of Mohican Indians, who also serves on the executive board as the treasurer of NCAI.

Chairman Stevens said, “I always look forward to joining in on this recognition yearly. It sets the stage to recognize and celebrate the outstanding contribution of these honorees as our Indian Country Warriors, always ready to stand and defend tribal sovereignty and our people.

“For over two decades, I have been honored to participate in this fantastic luncheon, where we have recognized and celebrated the leadership of many outstanding Native women leaders. It’s a natural place for me as I have grown up in this industry and worked side-by-side with these amazing women.”

He added, “Our women are our strength and our resilience and ensure our future. Without a doubt, Treasurer Malerba and President Holsey are two of the truest examples of the strength of leadership in Indian country. These great women leaders have been strong advocates for not only the tribal communities they represent but are the greatest example of leaders who have dedicated their lives to advancing all of Indian country.”

Minnesota Lieutenant Governor Peggy Flanagan presented the luncheon keynote. Flanagan was recently elected to her second term and is the first Native American to be elected to that post in Minnesota. She served in the Minnesota House of Representatives from 2015 to 2019.

The event was sponsored by the Indian Gaming Association, Tulalip Tribes, Indigenous Pact, Pechanga Tribe, National Indian Health Board, Seattle Indian Health Board, the Lummi tribe, the Jamestown S’Klallam Tribe, Emily’s List and AD PRO.

Voluntary Compliance and the Letter of Concern

When tribes think of the National Indian Gaming Commission’s compliance efforts, they might only think about the Notice of Violation (NOV) and assume it is the agency’s go-to enforcement tool to obtain compliance with IGRA. As I have written previously, any enforcement action I take is based on an exhaustive investigation and analysis of the unique circumstances involved, and it is not something I take lightly.

When NIGC must take enforcement action, we do so to preserve the integrity of the industry and protect the valuable tool Indian gaming represents for many tribes. But it is critically important for the Indian gaming community to understand that the majority of NIGC compliance efforts do not result in the issuance of an NOV and a subsequent Civil Fine Assessment that may result in an operation’s closure or a daily penalty of over $57,000 for each violation.

NOVs are rare. It is far more likely that noncompliance is addressed first with technical assistance efforts followed by a Letter of Concern (LOC). The agency uses the LOC to alert tribes to concerns regarding compliance with IGRA or NIGC regulations that have not been resolved through technical assistance efforts. The LOC identifies the concern(s) and provides a time period for the tribe to respond with corrective actions. Often, the LOC process results in resolution of the matter without penalty.

NIGC’s record usage of LOCs in recent years underscores the agency’s dedication to engagement in its oversight responsibilities and to a collaborative resolution of potential enforcement matters. In FY2022, NIGC issued 22 LOCs—only one resulted in an NOV. Of those remaining, 70 percent have been satisfied and 30 percent are working through their corrective action plan.

This voluntary compliance approach is NIGC’s proactive and collaborative handshake with gaming tribes to meet IGRA’s mandates. The agency is committed to providing gaming tribes with the best resources to help them successfully operate and regulate their gaming in a manner that sustains for generations what has become the lifeblood for many tribes’ communities.

Below is a short journey into aspects of the agency’s compliance environment. These highlights point out that the agency would rather use voluntary compliance than enforcement actions when possible.

NIGC and Regulatory Compliance

First, while tribes’ regulatory bodies and NIGC may have distinct oversight responsibilities, there is a shared interest in protecting tribal assets derived from gaming. Through NIGC’s Division of Compliance, the agency monitors tribal gaming operations, provides technical assistance and training, cultivates local-level relationships and supports the work of more than 6,000 tribal gaming regulators.

The division includes eight regional offices, an Audit Program and an Environmental Public Health and Safety (EPHS) Program. The Region Offices are comprised of compliance and audit staff, who conduct routine site visits and assessments at tribal gaming facilities, and perform audits and investigations to monitor compliance with the IGRA, NIGC regulations and tribal gaming ordinances or resolutions approved by the NIGC chair.

In addition, other NIGC components, including the agency’s Finance, Technology, Public Affairs and General Counsel divisions, regularly provide a variety of assessment, advisory, planning and communication tools in coordination with the NIGC Compliance Division to encourage tribes’ proactive efforts at compliance.

When technical assistance and training, intermediate communications and the LOC do not result in compliance with IGRA, NIGC regulations or the tribal gaming ordinance, the NIGC will undertake enforcement action. Enforcement actions may include imposing appropriate sanctions for violations, such as civil penalties, issuing orders for temporary closure and referring criminal matters to appropriate tribal, federal and state entities.

Fortunately for both patron and operator alike, these measures are few and far between. A majority of the time, once alerted to a violation, gaming tribes and NIGC work with a tribe’s regulatory staff and their gaming operations to correct the problem. This is what NIGC calls “voluntary compliance.”

The Letter of Concern

NIGC has historically approached IGRA violations with the mindset that once alerted, tribes will remediate a violation in a reasonable time if given a chance to correct it. Voluntary compliance is the agency’s goal. The first step to voluntary compliance is to alert the tribe to a potential violation; the agency codified that approach in 2012.

Set forth in 25 C.F.R. 573, an LOC describes the available facts and information, includes a preliminary assessment regarding the incident or condition and provides a tribe with a time period for its response. Voluntary compliance is often achieved when a tribe and the NIGC staff are able to resolve any potential enforcement issues prior to the chair issuing an enforcement action.

Over the past 10 years, LOCs have been used to address concerns such as a tribe not maintaining sole proprietary interest in and responsibility for the conduct of any gaming activity; entering and operating under contracts that contain management provisions which have not been submitted and approved by the NIGC chair; using net gaming revenues for purposes other than those set forth in IGRA (commonly called a misuse of revenue); instances where the construction, maintenance and operation of the gaming facility is conducted in a manner that does not adequately protect the environment, public health and safety of employees and patrons; failing to submit timely audits; failing to submit required licensing notices for facilities or employees; and instances where internal controls do not protect the integrity of gaming and protect tribal assets.

Recently, NIGC investigations revealed two tribes did not have an internal audit function for their Class II gaming operations. Internal audits as well as independent financial reviews are often the most effective tools to ensure a tribe is fully aware of how its licensed gaming operates and makes decisions impacting the tribal community’s access to gaming resources. For that reason, Part 543 of the NIGC Minimum Internal Control Standards (MICS) requires internal auditor(s) perform gaming operations audits for each department (at least annually) to review compliance with tribal and operational internal controls and NIGC MICS.

The agency issued an LOC in both instances, requiring the tribes to submit a plan of action to establish an internal audit function within a given time. Both tribes submitted an appropriate and timely plan and were able to successfully address the concerns. As a result, the NIGC issued LOC Satisfaction Letters and did not recommend further enforcement action.

NIGC Resources

Both the tribes in the example and similar past results demonstrate that the LOC approach works. As a fellow regulatory body in this process, NIGC provides tribes with the resources to keep compliant with IGRA and NIGC regulations. The agency maintains resources and processes in place to address compliance concerns that include offering tribes legal opinions and declination letters, management contract reviews, training materials, in-person and virtual technical assistance and training, site visits, required ordinance audits, Agreed Upon Procedures (AUP) audits and reviews, Internal Control Assessments (ICA) and EPHS assessments—all at no additional cost.

Since many tribes are well under way in their fiscal year operations, I encourage gaming leaders at all levels to take advantage of the tools and decades of regulatory expertise from a national perspective that NIGC has to offer. Again, by working proactively with NIGC, gaming tribes can quickly and efficiently resolve potential issues before they become major violations and help all of us protect the hard-fought reputation for integrity Indian gaming has earned over the past 35 years.

 

In 2021, the NIGC launched the NIGC’s Report A Violation campaign so the NIGC could more easily receive any information about potential violations of federal law or regulations in the Indian gaming industry. You may access the tab by isiting www.NIGC.gov.

Online Gaming: Risk & Reward

On Super Bowl Sunday, some 50 million Americans placed $16 billion worth of bets on the big game—an all-time high, more than double the $7.5 billion wagered in 2022, according to the American Gaming Association.

But sports fans in California were out of luck. Though the state has 69 casinos, there are no sportsbooks, online or retail. That’s because the tribes who run those casinos don’t want sports betting—not without a guarantee that it’s theirs alone to offer.

The most populous state in the U.S., home of 16 major league sports teams, is also the biggest untapped sports betting market. But for tribal operators, the promise of a new industry comes with considerable risk: the specter of competition from out-of-state commercial operators.

Last November, competing propositions—a retail sports betting bill from the tribes, and an online and mobile version from FanDuel, Draft

Kings, BetMGM and others—failed at the polls, despite an onslaught of advertising (the two sides spent a combined $460 million to push their proposals).

Jacob Mejia, vice president of public affairs for the Pechanga Development Corporation, told CalMatters.com that tribes were less interested in introducing retail sportsbooks than they were in blocking mobile betting. The online measure, he said, was “the biggest threat to Indian gaming in a generation.”

The issue is tabled for now, but it’s sure to be back. At G2E last fall, Mark Macarro, chairman of the Pechanga Band of Luiseño Indians, suggested mobile sports betting in California could be the first domino that kicks off full online casino gaming, which could become “a disaster,” he warned.

“Thank goodness that’s not going to happen this cycle,” Macarro said, in comments made weeks before voters cemented that decision at the polls. “But it’s going to repeat in two years.”

Define ‘Online’

In California, online casino games are still prohibited by the state penal code, under the theory that online bets don’t exist only at the location of a casino server, but wherever the gambler is, and in the vast “out-there” of the internet.

In 2014, when an enterprising California tribe asserted its right to offer online bingo, the Ninth District Court of Appeals stepped in. While the servers were located on tribal land, which presumably made the bets permissible, the court ruled that online bets placed by people not physically on the reservation would violate the Unlawful Internet Gaming Enforcement Act (UIGEA).

That decision meant the end of gaming by the Iipay Nation of Santa Ysabel, whose remote location and limited slot inventory made it hard to compete with larger, more centrally located venues. Shortly after the tribe’s online casino closed, the retail gaming hall followed (it is now a marijuana dispensary).

And then there’s Florida. In 2021, Governor Ron DeSantis and the Seminole Tribe agreed to a “hub-and-spoke” sports betting model, whereby the tribe would offer mobile bets throughout the state via servers on Seminole lands. But Judge Dabney Friedrich called a halt to the launch. He said the model was “legal fiction” for the reasons stated above: the bets would take place beyond tribal land, in the hands of statewide bettors as part of the virtual ether. Two years later, the two sides remain at an impasse.

Double Jeopardy

Tribes have two good reasons to be skeptical of online and mobile betting. One is the potential impact of online business on casino foot traffic. While commercial casinos face the same challenge, it could be harder to navigate for smaller operations, which may not have the reach of, say, a Caesars or an MGM. But how much does online gaming actually threaten land-based?

“To some extent, it’s an unanswered question,” says Brian Wyman, gaming analyst and senior vice president of operations and data analytics for The Innovation Group (TIG). “Most operators agree that in the long run, online gaming will at least partially cannibalize land-based—some people will save the trip and stay home, and others may play online on Tuesday, then say, ‘Oh, that was my budget, I won’t go to the casino on Friday.’”

Big operators work around it by using online as a “hook,” with app-based rewards to be redeemed at the land-based venue or sister resorts around the country. In that way, online gaming gives broader-based operations “the ability to optimize their reach and their brand,” says Chris Irwin, TIG’s senior vice president of Native American Services. “If you’re an online gambler in North Jersey, you can get points to go down to Atlantic City and stay for a weekend. Or you can go out to Vegas to stay, or other properties around the country. It’s really incentive-driven. Not many tribes can capitalize on that.”

Creeping Commercialism

The second reason and the larger concern among tribes is the possibility that online gaming will be thrown open to commercial operators or operating partners, creating competition that was unimaginable when many tribal compacts were written.

That possibility is already a reality in some states. If California voters ultimately approve online and mobile gaming, they must also decide whether to restrict it to reservations or make it available statewide. In the latter case, the licenses could be up for grabs by behemoths like FanDuel and DraftKings—and lawmakers would like nothing more than to dip into those deep pockets. Needless to say, that kind of competition could siphon off revenues that tribal nations rely on.

“In a lot of markets, gaming and the exclusive access to gaming is the lifeblood of tribal governments, supporting hospitals, supporting police and fire departments,” says Wyman. “It’s no exaggeration to say this is a matter of life and death.”

As Sheila Morago, executive director of the Oklahoma Indian Gaming Association, recently pointed out, “This is actually money for higher education, for health care, for infrastructure.” In comments to GamingToday.com, Morago said, “They’re not making decisions on whether or not you get a new yacht or enough money to buy a new Mercedes. It’s about making sure that our kids have money to go to school.”

Despite the longstanding ties between tribal and state governments as well as the jobs and revenues that tribes have added to local and state economies, the big guns of commercial gaming are “willing to pay big taxes and fees that historically haven’t come from tribes,” says Irwin. “Tribes may pay exclusivity fees, but not at the level of what commercial operators might pay in taxes.”

As a result, “tribes would rather not have sports betting at all than jeopardize any part of the business they’re doing right now. It’s opening a Pandora’s box that could lead to commercial gaming not previously in the market.”

High Stakes

For casinos, iGaming wasn’t a possibility until 2011, when the U.S. Department of Justice ruled that the federal Wire Act applied only to sports betting, not iGaming in general. The potential for widespread sports betting didn’t follow until 2018, when the Supreme Court overturned the Professional and Amateur Sports Protection Act (PASPA), opening the door to a legal industry on a state-by-state basis. While iGaming and mobile sports betting go hand-in-hand, they’re different animals, with different profit margins.

New Jersey, for example, legalized iGaming in November 2013; in the first year, operators generated $124 million in gross gaming revenue, “a drop in the bucket compared to what they were making on brick-and-mortar facilities,” says Irwin.

While the industry was slow to take off, it’s been accelerating ever since. In 2022, online casinos in the state brought in more than $1.6 billion in revenue, up 21.6 percent over 2021 and a 13-fold increase over nine years. Those figures, with all those zeroes, have lawmakers salivating.

For all the hype about sports betting and the many billions of dollars in play, the profit margin is pretty meager compared to casino gaming—typically less than 5 percent. It could be argued that tribes aren’t missing much by sitting out that game.

But revenues aside, they must take into account consumer demand. Could tribal operators risk alienating customers who expect or demand mobile and online options?

In 2021, Connecticut lawmakers voted overwhelmingly for a bill to legalize online casino games, mobile sports betting and an online lottery. It was the first overhaul of the state’s gaming laws since the 1990s, when the Mashantucket Pequot and Mohegan tribes opened Foxwoods and Mohegan Sun, respectively.

Connecticut’s agreement “preserved our tribal sovereignty and allowed us to still operate from a point of exclusivity,” says Anika Howard, president and CEO of WONDR NATION, the Mashantucket Pequot Tribal Nation’s gaming and entertainment company.

A Workable Model

Wondr Nation (formerly Mashantucket Pequot Interactive) manages Foxwoods’ social casino and collaborates with DraftKings on co-branded Foxwoods iGaming and sports betting offerings. The subsidiary’s stated goal is to create “maximum opportunities, profitability and impact for industry partners,” expand the tribe’s online footprint and enable it to partner with other Native American tribes and tech firms.

Howard acknowledges concerns that, as legal online gaming proliferates, “the powers-that-be could use it as an opportunity to roll back some of the provisions made in tribal compacts.

“We made a slight compromise on sports” in Connecticut, she says, “because we felt like the bigger opportunity was in online gaming. And so it starts with the strategy. What do you really want to accomplish?”

For Foxwoods, “the goal is to increase revenue, increase opportunities and increase player satisfaction by providing something that people are already doing—playing online, in the legal market or not.

“We’ve entered a mobile-first society,” Howard continues. “At this point, it’s expected—if you can buy coffee with your mobile phone, why can’t you play your favorite casino game or make a sports bet on your mobile phone? Taking out some of the political dynamics, you have to start with the players who make up your customer base. You want to create an experience that works for your player.”

She disputes the notion that online casinos are a direct threat to land-based patronage: “The reality is more nuanced. Some players are very distinctly online players—just because you don’t have an online offering doesn’t mean they’re going to come to the casino and play. Ironically, in remote locations, this can be an opportunity to increase the player base if there are challenges with going there physically. Give people an opportunity to play remotely, and you’re capturing an audience you didn’t have before.”

Some Michigan tribes, too, have made their peace with online gaming. In 2020, when mobile sportsbooks and online casinos became legal there, Bryan Newland, then chairman of the Bay Mills Indian Community, said Detroit’s three commercial casinos—MotorCity, Greektown, and MGM Grand—plus the state’s iLottery were “eating our lunch year after year.”

Newland told Pechanga.net, “We were faced with the prospect of evolve or die when it comes to internet gaming.”

Bay Mills teamed with DraftKings to run its online and retail sportsbooks and online casino, reportedly with positive results. Another Michigan tribe wasn’t as lucky. The Hannahville Indian Community, which operates the

Island Resort & Casino in the state’s Upper Peninsula, partnered with TwinSpires, a unit of Churchill Downs, on iGaming. But in 2022, TwinSpires ditched its online gaming business (except for horse racing), leaving the tribe high and dry.

“We were kind of shocked,” Tony Mancilla, Island Resort’s general manager, told the New York Times. “We had our prom dress on, and we didn’t have a date.”

In the aftermath, Hannahville’s iGaming revenues took a dive, dropping almost two-thirds from $16.7 million in 2021 to $5.8 million in 2022. The tribe has since joined with 888 and Sports Illustrated to offer online sports betting, but hasn’t resumed online casino games. According to the Times, it’s now focusing on investments in real estate and golf courses as revenue generators.

Cutting a Path

David Bretnitz is senior director of sales for Kambi, a provider of sports betting technology to tribal and commercial operators. He says the mobile industry can drive “greater share of wallet and future-proof tribes’ businesses” by bringing in a new customer demographic. But how to get the pieces in place, while safeguarding tribal rights along the way?

“First, I think we can all agree that tribes have the wherewithal to do this on their own,” says Bretnitz. “So there are two options: going the B2C route, where you partner with one of those larger commercial groups to get to market, or utilizing a company that provides B2B services.”

There are advantages and drawbacks to both, he says. “Partnering with a B2C company provides national brand recognition that lets tribes compete a bit more and hand off those day-to-day management responsibilities. For the tribe that’s very well-versed on the gaming side but has zero experience in sports betting, they get a guaranteed revenue stream, albeit less than if they were to partner with a B2B provider.”

In such deals, he says, the bigger slice of the revenue pie goes to the commercial group, “which bears the brunt of the responsibility as far as risk, the on-property buildout for a sportsbook if that’s in play, or setting up that online sportsbook. So they’re taking on more of that exposure.”

On the B2B side, “the strength of the sportsbook product itself will allow tribes to ultimately operate on their own. A high-performance sportsbook enables them to go out and compete with the FanDuels and DraftKings, while retaining full control of their brand, maintaining their (league) partnerships, and controlling the vision going forward. And the lion’s share of the revenues stays with that tribe. So—more risk, more reward.”

Tribes don’t need to compete from a marketing perspective, he adds, offering $2,000 sign-on bonuses just to build a database, like the big names in the space. “They can measure success in driving long-term sustainable revenues versus just saying, ‘We acquired a customer.’”

‘A Unified Voice’

To date, only six U.S. states have iGaming, while mobile sports betting has spread to 26 states and counting. As the rollout continues, expect mixed results depending on the market.

Meanwhile, California remains the holy grail for commercial operators.

Last fall at G2E, DraftKings CEO Jason Robins said Prop 27—the sports betting initiative supported by commercial sportsbooks and a handful of tribes—will be back, and “more than likely” will pass in 2024.

But maybe not—Prop 27 didn’t just fall short at the polls last November, it flamed out, rejected by more than 82 percent of voters (Prop 26, the tribal measure, lost by 67 percent, but the tribal coalition behind it was more intent on defeating 27 than passing 26). James Siva, chairman of the California Nations Indian Gaming Association and a member of the Morongo Band of Mission Indians, slammed the commercial measure as “a massive explosion of gaming that (would) directly undercut tribal sovereignty and self-sufficiency.” Siva added that having online betting “dictated” to sovereign nations is “unacceptable.”

“Whether online gaming is three years down the line, five years down the line, if it’s 10 years down the line,” he said, “it needs to be a tribal decision.”

For that reason, Wyman says, tribes must “structure legislation so all the tribes support it; otherwise, they’ll have to fight about it every time it comes up. They need to do what they can, year in and year out, to make sure they control the conversation and speak with a unified voice when it comes to legislative matters, making sure they maintain exclusivity around online gambling of all forms, casino and sports.”

Tribal Casinos 3.0

Those of us who can remember the birth of tribal government gaming recall the rudimentary buildings that housed the slot machines or a few table games. Some tribes used converted community centers. Others rented trailers and lashed them together, so finding your favorite machine was something like the Yellow Brick Road. Still others erected Sprung Structures, which were essentially large tents crammed with slots.

It didn’t take long for tribes to realize that these temporary facilities were holding them back, and they began to build more elaborate casinos, sometimes with small hotels and a few restaurants. As quickly as they upgraded, the market showed up, and those facilities were deemed outdated.

That happened quickly to the casinos nearest the most populated areas. Take Foxwoods, for example, the gaming effort of the Mashantucket Pequot tribe. It started out as a bingo hall, and has expanded several times over the years. In 1990, the tribe won a high-profile legal ruling that held tribal gaming halls could offer the same gaming options that were permitted elsewhere in Connecticut. Since “casino nights” were a staple of charities in the state, that meant Foxwoods could install the table games that were the centerpiece of such events.

Instantly, Foxwoods added several buildings that would house the tables. But then-general manager Mickey Brown had higher aspirations. Visitors to the under-construction casino area were shown electrical conduits beneath the carpets, a sure sign the place was being wired for slots. And in just a year or so, Brown negotiated a deal with the state where the tribes (Mohegan Sun had begun its journey) would pay a 25 percent share of the slot revenue to the state—please don’t call it a “tax”—and the race was on.

It was something of an arms race between Foxwoods and Mohegan Sun, as expansion at one property led to another at the competing property.

And even now, with fierce and abundant competition, the building goes on. Last summer during Foxwoods’ 30th anniversary, officials announced an $85 million expansion project that they call the “next-generation casino.” It includes:

  • 50,000 square feet of gaming space to include both table games and slot machines
  • A 13,000-square-foot celebrity chef branded restaurant to be revealed later this year
  • New high-limit slot area
  • An expansive 40-seat bar featuring over 35 slot machines
  • New Grand Pequot Cage that will support both casinos
  • A new 15-seat public bar

While this is modest compared to previous expansions, which included hotel towers and separate boutique hotels, meeting space, a zip line attraction, an outlet mall and many other amenities, it shows Foxwoods’ management understands that it must keep up with the new competition to maintain their market share.

And that’s not all. In February, Foxwoods broke ground on a $300 million Great Wolf Lodge, an indoor-outdoor waterpark with families as the primary target market. The partnership, similar to its deal with the Tanger Outlets, will expand the attractions that today reach far beyond gaming.

“For us at Mashantucket, it’s always been a vision of ours to have a resort beyond gaming, and councils long before any of us who are standing here today were dreaming about having an indoor waterpark here,” said Rodney Butler, chairman of the Mashantucket Pequot Tribal Nation.

The facility will include over 550 family-friendly rooms, a 91,000-square-foot waterpark and a 60,000-square-foot dry entertainment center with things like a ropes course, mini bowling, restaurants and an arcade, and is expected to bring more than 500 jobs to the region.

Loaded Gun

The Gun Lake Casino was just a glimmer in the eye of Michigan’s Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians, better known as the Gun Lake Tribe, when the Mashantucket Pequots opened Foxwoods in the early 1990s. In fact, at that time, the Gun Lake Tribe had only just applied for federal recognition, often a long and drawn-out process. But the tribe had all the required history and could back it up, so five years later, it achieved recognition and began the equally arduous process of taking land into trust for a reservation.

Five years after that, the process was concluded and the tribe hired Station Casinos to build and operate the Gun Lake Casino, which opened in 2011, ushering in a new era of economic prosperity. Station built a serviceable casino for the tribe but it quickly realized something larger would be necessary, and the first expansion was under way. Now in phase five of its expansion project, led by current President and CEO Sal Semola, who was hired following the end of the Station management contract, the Gun Lake Casino is about to add a hotel and an “Aquadome,” an indoor swimming space with multiple pools and areas for banquets and entertainment.

Semola came on board at the end of phase four and is enthusiastically supporting the fifth. But even phase five is playing catchup, as the two closest competitors will still have larger properties than Gun Lake.

“When I first came on, I came on midway through what was characterized as the phase three expansion, which was rather modest in the sense it was maybe 100 slot machine additions to the casino floor,” Semola says. “But it was really about a connector building for a parking garage that was needed in anticipation of meeting the needs of future expansions due to the increased traffic and also the depletion of existing surface parking.

“And then phase four, which we just completed in September 2021, consisted of three new F&B outlets and began to set the table for phase five.”

Paul Bell, the lead architect for HBG Design, says the expansion was a reaction to the desires of Gun Lake tribal leadership.

“The Gun Lake owners have set their sights on creating a premier entertainment destination resort in the Midwest,” says Bell. “They want to expand their catchment zone to include larger cities as far away as Chicago and Detroit. I think this fifth phase will create that true super-regional resort with an expansion program designed to drive that traffic in from both of those metropolitan areas.”

Semola explains the location of Gun Lake Casino and why it has been necessary to constantly grow.

“We are just outside of Grand Rapids located off highway 31, which is the north-south artery for Western Michigan,” he says. “So it’s highly trafficked, and we’re equidistant between Grand Rapids, which is the second-largest city in the state, and Kalamazoo, Michigan as well.”

Semola says that the area is growing quickly.

“Our area is somewhat rural—we’re in the town of Wayland—but in just the time that I’ve been here, we’ve seen a lot of growth and development in the area. Even the airport—Grand Rapids International Airport—is undergoing an expansion. And Grand Rapids itself is kind of moving south towards where the casino’s located. So, they’ll continue to benefit from that growth as well.”

Although phase five is the first project that HBG, which has 40-plus other tribal clients, is doing with the Gun Lake tribe, Bell is already impressed with the leadership.

“I and many of my colleagues here at HBG Design we’ve realized that competition in most markets continues to be intense,” he says. “Progressive owners are always elevating their amenity offerings to keep up with that. While the casinos will always have their bread-and-butter patrons at the resort, we also see a continuing trend of owners working to attract more diverse, multi-generational customers through unique out-of-the-box non-gaming amenities, the Aquadome being a prime example of this.

“In addition, retail, other non-gaming entertainment brings in all ages of people to fit this goal. Owners create through this, these opportunities, a lot more revenue and continue to stay relevant and top-of-mind in the market.”

Bell praises tribal leadership for bringing their vision to the tribal economy. They are currently developing a non-gaming mixed-use development on tribal land that will diversify the economy.

Semola agrees about the foresight of tribal leadership.

“The tribal leaders are extremely forward-thinking,” he says. “I think that when you take into account that they’ve only been on their own, outside of the umbrella of a management company for four years, they’re much further along in terms of that cycle of evolution, in terms of how they look at business and the future. So, as tribal gaming enterprises become more mature over time, they realize that there’s economic opportunities that they can comfortably participate in outside of the sovereignty umbrella, and they become more comfortable investing in that area.”

Bell also credits Semola as being a driving force behind the gaming expansion.

“He has been an absolute joy to work with,” says Bell. “He is a very fun, energetic leader. He’s extremely passionate, an entrepreneurial leader for Gun Lake. He has been engaged in the design process from the beginning. He’s really a key driver in Gun Lake’s long-term development vision.

“I believe beyond what we’re working on with him right now, the current phase five project, as he is constantly looking ahead for new opportunities to identify the next big thing that will attract the market to Gun Lake Casino Resort and maintain a cutting-edge position across the industry and marketplace.”

Semola says the idea for the Aquadome came to him while he was at a conference at Harrah’s Atlantic City, which has a similar facility, a dome over several pools and hot tubs. But the Aquadome is different, he says.

“The Aquadome is designed to be a multi-purpose atrium, and it has three pools. It has a family-oriented pool which is located adjacent to a concession snack bar and some locker rooms. It also has an adult pool that is tiered with a VIP-level pool with a swim up-bar. That creates this great vibrant environment during the day—hot or cold seasons—where their guests can come and enjoy the aqua elements.

“But at night, this facility then converts over to an entertainment facility that is able to provide live performances as well, and sell VIP cabanas and so forth around the pool for those live concerts or DJ dance events, whatever type of entertainment we would choose to engage in based upon their market feasibility and entertainment preferences.”

The tribe chose the right designer for this kind of element—Bell says that although the idea for the Aquadome came from the tribe, HBG has lots of examples.

“We have done massive atriums in the past for Gaylord resort properties,” Bell says. “One in Orlando, the Gaylord Palms, and we did another one in Grapevine, Texas called the Gaylord Texan. Those were much larger than this. So we have learned through those project experiences how to design a dynamic atrium environment.

“Now while those were designed for a completely different purpose than what this one is designed for, we went to the school of hard knocks on both of those projects. The shape of the Aquadome really is derived from all the sun angles and site analysis to create an optimal environment for indoor swimming and aquatic activities during the day.”

Semola wanted more from the Aquadome than just swimming, however.

“We were focused on building a hotel convention space and the Aquadome, all three of those pieces, from a construction standpoint, from a financial performance standpoint, and without question, the Aquadome modeled the best,” Semola says. “But what it didn’t give us was that even playing field as it pertains to some of the other casinos in the area, where they could do a sit-down concert or a large banquet. We needed a 2,000-capacity event type of space. So looking at the Dome, the challenge was how, do we get as much versatility in that space as possible?

“Ultimately working with the HBG design team, we came up with the idea of the pools being pushed out of the center, not just one pool, but multiple pools pushed out, which opened up the center. So now we can have that sight line for those types of concerts, or we can just make it a party with a DJ—your typical nightlife. For banquets, we built a production kitchen where we can easily accommodate up to 800 people. We are just looking to try to create as much versatility and utility value out of the space as possible. And I’m really happy with the way that it’s evolved thus far.”

Muckleshoot Magic

The Seattle area is very competitive when it comes to tribal gaming. Lots of the reservations where the casinos are located are land-constrained, but recently, there has been a rush of expansions on the books, including the Muckleshoot casino.

And this one will be worth the wait.

Muckleshoot’s four-year, multi-phased expansion project speeds toward a fall 2023 completion. The final piece will be a transformative 18-story resort tower, rising to a prominent 198.8 feet with a definitive glass exterior.

The elevated vantage point will provide a priceless view, including a panoramic look at Mt. Rainier, the Olympic Mountains and the Seattle skyline.

Design changes that pushed back the opening from 2022 to 2023 will enable the property to make a more grandiose entry into the marketplace—and it will be grandiose indeed.

The new tower will be the tallest building between Seattle and Tacoma, Washington, according to company officials. The casino is located in the Seattle suburb of Auburn.

The immense glass edifice will be adorned with several cutting-edge features, such as:

  • A steakhouse on the roof of the building
  • An indoor-outdoor pool
  • A spa with 5,500 square feet, including 10 private rooms
  • Numerous restaurants

Along with the building’s height, it will represent the Muckleshoot Tribe’s growing presence in the gaming world.

It will be similar in profile to the statement made in Connecticut over the years by the aforementioned Foxwoods and Mohegan Sun casino expansions. The new buildings are a sign of economic health, vitality and the intent to accommodate larger gambling throngs.

Officials hail the finished expansion project as an inducement for adult getaways that span attending a concert, eating at high-level restaurants and getting a massage, all with a view that won’t quit.

Once the tower is completed, Muckleshoot will have 157,000 square feet of continuous gaming, 29,000 total square feet of event space and almost a dozen dining choices.

The hotel is the final phase of construction in a huge expansion project announced in February 2019. The expansion plan included a redesigned casino floor with 10,000 additional square feet of gaming space, three new restaurants and a new center bar, a 20,000-square-foot Events and Conference Center, a new exterior facade and a Muckleshoot Tribe History Cultural Center.

It celebrated the grand opening of its new Caesars Sportsbook just two days before the Cincinnati Bengals played the Los Angeles Rams in the 2022 Super Bowl.

The impact accelerated during the 2022-23 season, as the book operated for the entire season. That meant six months of substantial weekly betting action on professional and college football, sports wagering’s two highest revenue sources during that time.

Features at Caesars Sportsbook at Muckleshoot include:

  • Video wall (12-by-24-feet) showing multiple games
  • 20 big-screen TV monitors
  • Seating capacity for 92 guests
  • Four live betting windows and nine self-service betting kiosks

Tribal officials say that Muckleshoot also offers the largest smoke-free gaming area in Washington state.

Acres Manufacturing

Acres Manufacturing Company is a leading casino loyalty and technology expert and the creator of Foundation, a first-of-its-kind casino management system. Armed with massive amounts of real-time data, an adaptable credit meter on any game and bonuses deployable to a player’s mobile device, casinos can use it to optimize every customer relationship and maximize long-term profitability.

Foundation delivers real-time data from every slot machine to a transaction engine that can interface with any other data source, allowing a new dynamic between real-world and in-game events. The adaptable credit meter empowers casinos to change the player experience by changing the credit meter balance on any game, for any reason, at any time. With Foundation, funds can be sent from a player’s bank account to any machine. An NFL touchdown can trigger a bonus. And an unruly losing streak can be instantly mitigated in the interest of long-term loyalty.

Foundation enables players to intuitively fund slots and tables via their mobile devices. Casinos can easily interface non-gaming payment terminals, allowing a single-wallet solution across the entire operation. Layered with the real-time data and bonusing capability, Foundation makes the mobile device an integral component of the player experience. This best-of-breed solution is also the quickest and easiest path to cashless gaming for virtually any casino.

Big things are happening at Acres. Flexible bonusing that can be adjusted on the fly may sound like a pipe dream, but Acres is making it real. Visit Booth 262 at NIGA to learn more and see the newest solution in action: Precision Bonusing. And be sure to join the Survivor Blackjack tournament to earn more chances to win in the Orange Blast game.

Acres recently announced the debut of the Foundation App Store, an open-to-all environment that allows any developer to provide applications for any slot machine or table game deploying Acres’ Foundation. The Foundation App Store enables casino operators to seamlessly add the newest content from developers through an open API in an effort to quickly address evolving consumer interests.

For more information on Acres, Foundation, and the newest releases, visit AcresManufacturing.com.

AmericanChecked

AmericanChecked is a nationally accredited background screening company with deep roots in service to Indian Country. For nearly 20 years, the AmericanChecked team has been proud to help protect tribes and those they serve.

The company knows it is vital for tribal gaming clients to partner with a company they can rely on to conduct critical background investigations. AmericanChecked has provided background screening services to more than 150 tribal entities. The company is immersed in listening, sharing and understanding the intricate needs of tribal gaming enterprises. From compliance to protecting children, AmericanChecked speaks from a place of understanding, achievement and reputation.

Not all background searches are created equal, and neither are AmericanChecked’s customers. Its team of experts works with each client to create the perfect screening program from a robust menu of services. The menu includes comprehensive criminal background checks, drug screening, vendor screening, employment and license history verifications, fingerprinting services, continuous monitoring, credit history, references and more. Every report goes through a nine-touchpoint verification process to ensure it is delivered with the most accurate information.

However, expert customer care is what sets AmericanChecked apart from others in the background screening industry. AmericanChecked believes in the power of customer service provided by an FCRA-certified staff. With a customer satisfaction rate that exceeds the industry standard, AmericanChecked’s culture is centered around providing over-the-top service and prompt solutions to customers’ questions.

The AmericanChecked team has been honored to receive numerous awards and recognition, including the Better Business Bureau Torch Award and the Fortune Magazine Inner City Award. It was nominated as one of the Tulsa Fast 40, a list of the fastest growing companies compiled by the Tulsa Journal-Record, and was also named one of Oklahoma Magazine’s Best Places to Work.

For more information, visit americanchecked.com.

AGS

AGS is focused on creating a diverse mix of entertaining gaming experiences for every player.

Powered by high-performing Class II and Class III slot products, an expansive table products portfolio, real-money gaming platforms and content, highly rated social casino solutions and best-in-class service, AGS offers an unmatched value proposition for its casino partners.

In 2022, AGS continues to propel its hardware form factors—the Orion Curve slot cabinet, the Starwall x Orion immersive video canvas, and most recently, the Orion Curve Premium platform.

Making a splash is AGS’ new Orion Curve Premium platform, a stunning 10-foot-tall showcase designed to add attraction across the casino floor. Featuring an eye-catching 360-degree video display and theme-specific illuminated wedge spacers, the Orion Curve Premium is available in multiple configurations, offering an intimate, theater-like gaming experience. This deluxe package will feature an array of new titles, as well as two new titles inspired by the wildly popular Rakin’ Bacon! game: Rakin’ Bacon! Deluxe Pirate Plunder and Golden Blessings.

The award-winning Starwall x Orion video merchandising masterpiece is a large-format freestanding video display for AGS’ premium Orion Portrait games. The Starwall combines hundreds of LED tiles to create a seamless video display that is synchronized with game play to attract players from across the casino floor and immerse players in the game. AGS launched Starwall x Orion with enhanced versions of its classic and high-performing games Jade Wins Deluxe and Golden Wins Deluxe. A plethora of new game content, including the anticipated Golden Dragon and Golden Guardian, also will be released.

The Orion Curve cabinet, with its 49-inch curved portrait monitor, offers an array of content to delight players, with multiple proprietary game families expanding in 2022: Coin Bonanza, Ultimate Choice Jackpots and Money Charge Jackpots.

In its table products portfolio, AGS recently launched the Pax S single-deck packet shuffler for specialty games. Featuring sophisticated and secure card-recognition technology, the Pax S fits into existing table cutouts for ease of installation and offers casino operators a new choice for dealing all the most popular proprietary games available today.

AGS also expands on the award-winning Bonus Spin Xtreme, the anticipated progressive side-bet system, featuring three concentric wheels and the ability to link all table games within a casino to a single shared progressive jackpot.

For more information, visit playags.com.

BetConstruct

The developing U.S. market needs providers who can follow all the rules and requirements to protect both players and operators as well as dare to be different and offer unique and creative sets of products. BetConstruct is a global technology provider for online and land-based gaming industry. The company’s knowledge and experience will surely help many potential US operators succeed in their operations and avoid the unforeseen hitches in running their business.

BetConstruct’s offerings include Online and Retail Sportsbook, RNG & Live Casinos, Esports, Poker, Skill Games, Social Gaming Platform, Sports Data Solutions, Land-based solutions and more. All partners benefit from the company’s Spring Platform with its powerful backoffice tools and all-inclusive services. From stand-alone setup to turn-key and white label solutions, BetConstruct offers its partners an unparalleled opportunity to succeed.

Taking into consideration the needs and priorities of local operators and their players, BetConstruct has a special offer for the USA region. The company distinguishes three major profiles – tribes, casinos and lottery – and delivers comprehensive software packages with dedicated trading, risk management, dedicated support, land-based operation set up and marketing services. Custom packages and requests are available too. With any offering BetConstruct will contribute to the success of any business, be it online operation, land-based or both.

For more information, visit betconstruct.com.