1 1 STATE OF NEW JERSEY 2 CASINO CONTROL COMMISSION 3 - - - - - - - - - - - - - - - - - - - 4 5 PUBLIC MEETING NO. 10-04-21 6 7 - - - - - - - - - - - - - - - - - - - 8 9 Wednesday, April 21, 2010 10 Atlantic City Commission Offices 11 Joseph P. Lordi Public Meeting Room - First Floor 12 Tennessee Avenue and Boardwalk 13 Atlantic City, New Jersey 08401 14 10:33 a.m. to 11:00 a.m 15 16 17 Certified Court Reporter: Darlene Sillitoe 18 - - - - - - - - - - - - - - - - - - - - - - - - - - - 19 20 ATLANTIC CITY COURT REPORTING, LLC 21 CERTIFIED COURT REPORTERS AND VIDEOGRAPHERS 22 1125 ATLANTIC AVENUE, SUITE 416 23 ATLANTIC CITY, NEW JERSEY 08401 24 (609) 345-8448 www.accourtreporting.com 25 2 1 B E F O R E : 2 CASINO CONTROL COMMISSION: LINDA M. KASSEKERT, CHAIR 3 SHARON ANNE HARRINGTON, VICE CHAIR MICHAEL C. EPPS, COMMISSIONER 4 WILLIAM T. SOMMELING, COMMISSIONER EDWARD J. FANELLE, COMMISSIONER 5 6 PRESENT FOR THE CASINO CONTROL COMMISSION: DARYL W. NANCE, ADMINISTRATIVE ANALYST 7 DANIEL J. HENEGHAN, PUBLIC INFORMATION OFFICER 8 OFFICE OF THE GENERAL COUNSEL: DIANNA W. FAUNTLEROY, GENERAL COUNSEL/EXECUTIVE 9 SECRETARY TERESA M. NAGENGAST, SENIOR COUNSEL 10 SETH H. BRILLIANT, SENIOR COUNSEL ROBERT A. MONCRIEF, COUNSEL 11 TRACY E. RICHARDSON, COUNSEL BERNADETTE T. FRIGEN, PROGRAM SUPERVISOR 12 SANDRA DeLIA, LEGAL SUPPORT SPECIALIST 13 DIVISION OF GAMING ENFORCEMENT: DEPUTY ATTORNEYS GENERAL 14 JOHN E. ADAMS, JR., DEPUTY ATTORNEY GENERAL BRIAN C. BISCIEGLIA, DEPUTY ATTORNEY GENERAL 15 TIMOTHY C. FICCHI, DEPUTY ATTORNEY GENERAL MARY JO FLAHERTY, DEPUTY ATTORNEY GENERAL 16 CHARLES F. KIMMEL, DEPUTY ATTORNEY GENERAL 17 18 19 20 21 22 23 24 25 3 1 A P P E A R A N C E S : 2 ITEM NO. 3 DARYL W. NANCE, ADMINISTRATIVE ANALYST MARY JO FLAHERTY, DEPUTY ATTORNEY GENERAL 3 KAREN M. WOSNACK, ESQ. FOR: HARRAH'S ATLANTIC CITY 4 ITEM NO. 4 DARYL W. NANCE, ADMINISTRATIVE ANALYST 5 MARY JO FLAHERTY, DEPUTY ATTORNEY GENERAL N. LYNNE HUGHES, ESQ. 6 FOR: HARRAH'S ATLANTIC CITY OPERATING COMPANY, LLC 7 ITEM NO. 6 TERESA M. NAGENGAST, SENIOR COUNSEL 8 TIMOTHY C. FICCI, DEPUTY ATTORNEY N. LYNNE HUGHES, ESQ. 9 FOR: BALLY'S PARK PLACE, INC. 10 ITEM NO. 7 TERESA M. NAGENGAST, SENIOR COUNSEL TIMOTHY C. FICCI, DEPUTY ATTORNEY GENERAL 11 N. LYNNE HUGHES, ESQ. FOR: BOARDWALK REGENCY CORPORATION 12 ITEM NO. 12 TRACY E. RICHARDSON, COUNSEL 13 JOHN E. ADAMS, JR., DEPUTY ATTORNEY GENERAL 14 STERNS & WEINROTH, PC PAUL O'GARA, ESQ. 15 FOR: TROPICANA ENTERTAINMENT, INC. AND TROPICANA ATLANTIC CITY CORP. 16 ITEM NO. 13 TRACY E. RICHARDSON, COUNSEL 17 MARY JO FLAHERTY, DEPUTY ATTORNEY GENERAL STERNS & WEINROTH, PC 18 PAUL O'GARA, ESQ. FOR: COLUMN FINANCIAL, INC., AND 19 CREDIT SUISSE HOLDINGS (USA) 20 ITEM NO. 14 SETH H. BRILIANT, SENIOUR COUNSEL CHARLES F. KIMMEL, DEPUTY ATTORNEY GENERAL 21 FREDERICK T. CUNNINGHAM, ESQ. FOR: TRUMP MARINA ASOCIATES, LLC 22 ITEM NO. 15 ROBERT A. MONCRIEF, COUNSEL 23 TIMOTHY C. FICCHI, DEPUTY ATTORNEY GENERAL KAREN M. WOSNACK, ESQ. 24 FOR: RIH ACQUISITIONS NJ, LLC 25 4 1 AGENDA PUBLIC MEETING NO. 10-04-21 2 April 21, 2010, 10:33 a.m. ITEM PAGE VOTE 3 1 Ratification of the minutes of the 8 8 April 7, 2010, public meeting 4 2 Applications for employee and casino service industry licenses 5 1 initial and/or renewal of casino key 8 9 and casino employee licenses 6 5 initial and/or renewal of casino key 9 9 and casino employee licenses 7 Application of Mary R. Kramer for renewal 10 10 of a casino key employee license and for 8 qualification as Vice President of Design and Construction (Regional) for RIH 9 Acquisition, NJ, and Resorts International Hotel, Inc. 10 3 Petition of Boardwalk Regency Corporation 11 12 (d/b/a Caesars Atlantic City) for the 11 issuance of a temporary casino key employee license to Ryan Hammer pursuant to NJSA 12 5:12-89(e) and to permit him pursuant to NJAC 19:43-2.6 to assume the duties and 13 exercise the powers of Assistant General Manager without first having been qualified 14 (PRN 0961008) 4 Petition of Harrah's Atlantic City 13 14 15 Operating Company, LLC, for issuance of a temporary casino key employee license 16 to Stanford Le pursuant to NJSA 5:12-89(e) and to permit him pursuant to NJAC 19:43-2.6 17 to assume the duties and exercise the powers of Vice President of Marketing without first 18 having been found qualified (PRN 0961009) 5 Stipulations of settlement and consent agreements: 19 a) Randi L. Montague (09-0608-RC) 15 16 b) Alexander Almonte-Gonzalez (09-0692-ER) 15 16 20 c) Rene Bermudez (09-0684-EA) 15 16 6 Stipulation of settlement in State v. 16 18 21 Bally's Park Place, Inc., (d/b/a Bally's Park Place Hotel & Casino) (09-0642-VC) 22 7 Stipulation of settlement in State v. 18 19 Boardwalk Regency Corporation (d/b/a Caesars 23 Atlantic City) (09-0641-VC) 8 Stipulation of settlement in State v. adj. 24 Trump Taj Mahal Associate, LLC (d/b/a Trump Taj Mahal Casino Resorts (09-0386-VC) 25 5 1 CONTINUED AGENDA PUBLIC MEETING NO. 10-04-21 2 April 21, 2010, 10:33 a.m. ITEM PAGE VOTE 3 9 Reconsideration of Commission final orders due to non-compliance of conditions therein: 4 a) Kathryn Bozil (09-0676-NC) 19 22 b) Joel Robles-Santiago (a/k/a Joel 22 24 5 Damian Robles (09-0553-NC) 10 Consideration of forfeiture orders in: 24 27 6 a) Adamar of New Jersey, Inc. (09-0610-VC) 7 b) Marina District Development Company, LLC (09-0633-VC) 8 c) Boardwalk Regency Corporation (09-0646-VC) 9 11 Petition of Tropicana Entertainment, Inc., adj. and Tropicana Atlantic City Corp. for 10 approval of amended and restated Audit Committee Charter (PRN 0961001) 11 12 Petition of Tropicana Entertainment , 27 29 Inc., and Tropicana Atlantic City Corp. 12 requesting permission for Todd E. Greenberg to assume the duties and exercise the powers 13 of Senior Vice President and Chief Strategy Officer of Tropicana Entertainment, Inc., 14 pursuant to NJAC 19:43-2.7(c) (PRN 0951003) 13 Petition of Column Financial, Inc., and 29 33 15 Credit Suisse Holdings (USA), Inc., for rulings with respect to the release of 16 certain conditions imposed by Resolution No. 09-11-19-1A (PRN 0891001) 17 14 Petition of Trump Marina Associates, LLC, 33 35 (d/b/a Trump Marina Hotel Casino) for 18 permission to transfer progressive slot jackpots pursuant to NJAC 19:45-1.39(n) 19 and for a waiver of NJAC 19:45-1.39(n)2 pursuant to NJAC 19:40-1.3(d) (PRN 1051001) 20 15 Application of RIH Acquisitions NJ, LLC 36 37 (d/b/a Atlantic City Hilton) for an 21 amendment to its certificate of operation to reconfigure its casino floor (PRN 0911001) 22 PUBLIC PARTICIPATION: 23 Franklin Johnson 38 24 25 6 1 E X H I B I T S : 2 NO. DESCRIPTION EVD 3 4 P-1 Remand for hearings 1 license X 5 P-2 Grant 5 licenses X 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (Exhibits retained by Commission.) 25 7 1 (Public Meeting 10-04-21 was commenced 2 at 10:33 a.m.) 3 MR. NANCE: Good morning. I'd like to 4 read an opening statement: 5 This is to advise the general public 6 that in compliance with Chapter 231 of the 7 public laws of 1975 entitled the "Open Public 8 Meeting Act," the New Jersey Casino Control 9 Commission on October 15, 2009, filed with the 10 Secretary of State at the State House in 11 Trenton, New Jersey, a notice of this hearing. 12 On October 16, copies were mailed to 13 subscribers. 14 Members of the press will be permitted 15 to take photographs, and we ask that this be 16 done in a manner which is not disruptive or 17 distracting to the Commission. 18 The use of cell phones in the public 19 meeting room is prohibited. 20 Any member of the public who wish to 21 address the Commission will be given the 22 opportunity to do so before the Commission 23 adjourns for the day. 24 Please stand for the Pledge of 25 Allegiance. 8 ITEM NO. 1-2 1 (The flag salute was recited.) 2 CHAIR KASSEKERT: Good morning. 3 MR. NANCE: Good morning. 4 The matters discussed in closed session 5 were: Employee and enterprise license matters. 6 The Commissioners approved the April 7, 7 2010, closed-session minutes. 8 Litigation update regarding: Edwards 9 versus Adamar of New Jersey, Inc., et al. 10 Item No. 1, ratification of the minutes 11 of the April 7th, 2010, public meeting. 12 COMMISSIONER SOMMELING: Move to 13 approve. 14 VICE CHAIR HARRINGTON: Second. 15 CHAIR KASSEKERT: The motion has been 16 made and seconded. All in favor? 17 (Ayes.) 18 CHAIR KASSEKERT: Opposed? 19 (No response.) 20 CHAIR KASSEKERT: The motion carries. 21 MR. NANCE: Item No. 2, application for 22 employee and casino service industry licenses. 23 This agenda item will be entered as Exhibit 24 List 1 and 2. 25 Exhibit List 1 consists of one 9 ITEM NO. 2 1 application for initial and/or renewal of 2 casino key and casino employee license. 3 The Division has objected to licensure. 4 VICE CHAIR HARRINGTON: I move that we 5 vote to remand for hearing. 6 COMMISSIONER EPPS: Second. 7 CHAIR KASSEKERT: The motion has been 8 made and seconded. All in favor? 9 (Ayes.) 10 CHAIR KASSEKERT: Opposed? 11 (No response.) 12 CHAIR KASSEKERT: Motion carries. 13 MR. NANCE: Exhibit List 2 consists of 14 five applications for initial and/or renewal of 15 casino key and casino employee licenses. 16 Staff and the Division have recommended 17 that these licenses be granted. 18 COMMISSIONER EPPS: Move that we grant 19 applications. 20 COMMISSIONER SOMMELING: Second. 21 CHAIR KASSEKERT: Motion has been made 22 and seconded. All in favor? 23 (Ayes.) 24 CHAIR KASSEKERT: Opposed? 25 (No response.) 10 ITEM NO. 3 1 CHAIR KASSEKERT: Motion carries. 2 MR. NANCE: For consideration is the 3 application of Mary R. Kramer for renewal of a 4 casino key employee license and for 5 qualification as Vice President of Design and 6 Construction for RIH Acquisition, New Jersey, 7 and Resorts International Hotel, Inc. 8 Staff and the Division have recommended 9 that this application be granted. 10 VICE CHAIR HARRINGTON: I move that we 11 grant renewal of key license and for 12 qualification. 13 COMMISSIONER SOMMELING: Second. 14 CHAIR KASSEKERT: Motion is made and 15 seconded. This is a roll call vote. 16 MR. NANCE: Commissioner Sommeling? 17 COMMISSIONER SOMMELING: Yes. 18 MR. NANCE: Commissioner Epps? 19 COMMISSIONER EPPS: Yes. 20 MR. NANCE: Commissioner Fanelle? 21 COMMISSIONER FANELLE: Yes. 22 MR. NANCE: Vice Chair Harrington? 23 VICE CHAIR HARRINGTON: Yes. 24 MR. NANCE: Chair Kassekert? 25 CHAIR KASSEKERT: Yes. 11 ITEM NO. 3 1 MR. NANCE: The record will reflect that 2 the motion is unanimous. 3 Item No. 3, Petition No. 0961008 of 4 Boardwalk Regency Corporation is requesting the 5 issuance of a temporary casino key employee 6 license to Ryan Hammer pursuant to NJSA 7 5:12-89(e) and to permit him pursuant to NJAC 8 19:43-2.6 to assume the duties and exercise the 9 powers of Assistant General Manager without 10 first having been found qualified. 11 CHAIR KASSEKERT: Good morning, Miss 12 Hughes. 13 MS. HUGHES: Good morning. 14 On behalf of Boardwalk Regency, I'd ask 15 that you approve our request for Mr. Hammer. 16 When I have the opportunity, I certainly will 17 bring him around and introduce him to you. 18 CHAIR KASSEKERT: Thank you. 19 Miss Flaherty? 20 MS. FLAHERTY: Good morning, Chair and 21 Commissioners. 22 The Division has conducted a preliminary 23 review of Mr. Hammer's qualifications, and 24 based on that, we have no objection to his 25 temporary key licensure and temporary 12 ITEM NO. 3 1 qualification. 2 Thank you. 3 CHAIR KASSEKERT: Thank you. 4 Any questions? 5 COMMISSIONER SOMMELING: No questions, 6 Madame Chair. 7 COMMISSIONER EPPS: Move that we approve 8 the petition and issue a temporary casino key 9 employee license to Ryan Hammer and to permit 10 him to assume the duties and exercise the 11 powers of Assistant General Manager without 12 first having been found qualified. 13 COMMISSIONER SOMMELING: Second. 14 CHAIR KASSEKERT: Motion is made and 15 seconded. This is a roll call vote. 16 MR. NANCE: Commissioner Sommeling? 17 COMMISSIONER SOMMELING: Yes. 18 MR. NANCE: Commissioner Epps? 19 COMMISSIONER EPPS: Yes. 20 MR. NANCE: Commissioner Fanelle? 21 COMMISSIONER FANELLE: Yes. 22 MR. NANCE: Vice Chair Harrington? 23 VICE CHAIR HARRINGTON: Yes. 24 MR. NANCE: Chair Kassekert? 25 CHAIR KASSEKERT: Yes. 13 ITEM NO. 4 1 MR. NANCE: The record will reflect that 2 the motion is unanimous. 3 Item No. 4, Petition No. 0961009, of 4 Harrah's Atlantic City Operating Company, LLC, 5 is requesting the issuance of a temporary 6 casino key employee license to Stanford Le 7 pursuant to NJSA 5:12-89e and to permit him 8 pursuant to NJAC 19:43-2.6 to assume the duties 9 and exercise the powers of Vice President of 10 Marketing without first having been found 11 qualified. 12 CHAIR KASSEKERT: Again, good morning, 13 Miss Hughes. 14 MS. HUGHES: Good morning. 15 On behalf of Harrah's, I'd also ask that 16 you grant our request. Mr. Le is in the 17 process of relocating. Once he gets here to 18 Atlantic City, I certainly will take that 19 opportunity to introduce him to you all. 20 CHAIR KASSEKERT: Thank you. 21 Miss Flaherty? 22 MS. FLAHERTY: Yes. Chair, 23 Commissioners, again, we have also investigated 24 the credentials of Mr. Le on a preliminary 25 basis. And based on that, we have no objection 14 ITEM NO. 4 1 to his temporary key licensure and temporary 2 qualification. 3 Thank you. 4 CHAIR KASSEKERT: Thank you. 5 Any questions? 6 COMMISSIONER SOMMELING: No questions, 7 Madame Chair. 8 COMMISSIONER EPPS: Madame Chair, I move 9 that we approve the petition and issue a 10 temporary key employee license to Stanford Le 11 and permit him to assume the duties and 12 exercise the powers of Vice President of 13 Marketing without first having been found 14 qualified. 15 VICE CHAIR HARRINGTON: Second. 16 CHAIR KASSEKERT: Motion is made and 17 seconded. This a roll call vote. 18 MR. NANCE: Commissioner Sommeling? 19 COMMISSIONER SOMMELING: Yes. 20 MR. NANCE: Commissioner Epps? 21 COMMISSIONER EPPS: Yes. 22 MR. NANCE: Commissioner Fanelle? 23 COMMISSIONER FANELLE: Yes. 24 MR. NANCE: Vice Chair Harrington? 25 VICE CHAIR HARRINGTON: Yes. 15 ITEM NO. 5 1 MR. NANCE: Chair Kassekert? 2 CHAIR KASSEKERT: Yes. 3 MR. NANCE: The record will reflect that 4 the motion is unanimous. 5 CHAIR KASSEKERT: Thank you. 6 MS. HUGHES: Thank you. 7 MR. NANCE: Item No. 5, stipulation of 8 settlement and consent agreements. When I call 9 your name, please come forward, stand behind 10 this middle table, spreading across the room so 11 that you may be seen: Randi L. Montague, 12 Alexander Almonte-Gonzalez, and Rene Bermudez. 13 CHAIR KASSEKERT: Are any of the 14 petitioners here? For stipulation? 15 (No response.) 16 CHAIR KASSEKERT: Okay. Seeing none, 17 Mr. Biscieglia, you can proceed. 18 MR. BISCIEGLIA: Thank you. Good 19 morning, Chair, Commissioners. 20 The Division has nothing further in this 21 matter and ask that the Commission approve the 22 stipulations as submitted. 23 Thank you. 24 CHAIR KASSEKERT: Thank you. 25 Any questions? 16 ITEM NO. 6 1 COMMISSIONER SOMMELING: Madame Chair, I 2 move to approve the stipulations. 3 COMMISSIONER EPPS: Second. 4 CHAIR KASSEKERT: The motion has been 5 made and seconded. All in favor? 6 (Ayes.) 7 CHAIR KASSEKERT: Opposed? 8 (No response.) 9 CHAIR KASSEKERT: The motion carries. 10 Thank you. 11 MR. BISCIEGLIA: Thank you. 12 MR. NANCE: Item No. 6, stipulation of 13 settlement in State versus Bally's Park Place, 14 Inc. 15 Miss Nagengast? 16 MS. NAGENGAST: Good morning, Chair, 17 Commissioners. 18 For your consideration is a stipulation 19 of settlement which, if approved, will result 20 in a civil penalty of $10,000 against Bally's 21 for its violation of self-exclusion 22 regulations. 23 Mr. Ficchi is here on behalf of the 24 Division and Miss Hughes on behalf of Bally's. 25 CHAIR KASSEKERT: Thank you. 17 ITEM NO. 6 1 Mr. Ficchi, you want to proceed since 2 you -- 3 MR. FICCHI: Just that the Division 4 respectfully requests that the Commission adopt 5 the settlement as drafted. 6 Thank you. 7 CHAIR KASSEKERT: Thank you. 8 Miss Hughes? 9 MS. HUGHES: Thank you. 10 On behalf of Bally's, I have reviewed 11 over the stipulation of settlement and would 12 ask for your approval. 13 Thank you. 14 CHAIR KASSEKERT: Thank you. 15 Any questions? 16 COMMISSIONER SOMMELING: No questions, 17 Madame Chair. 18 COMMISSIONER FANELLE: Madame Chair, I 19 move to approve the stipulation of settlement 20 and impose a civil penalty of $10,000 against 21 Bally's Park Place, Incorporated, for violation 22 of the Commission regulations regarding 23 self-excluded persons. 24 COMMISSIONER EPPS: Second. 25 CHAIR KASSEKERT: The motion has been 18 ITEM NO. 7 1 made and seconded. All in favor? 2 (Ayes.) 3 CHAIR KASSEKERT: Opposed? 4 (No response.) 5 CHAIR KASSEKERT: The motion carries. 6 MR. NANCE: Item No. 7, stipulation of 7 settlement in State versus Boardwalk Regency 8 Corporation. 9 Miss Nagengast? 10 MS. NAGENGAST: Chair and Commissioners, 11 similar to the last matter, this penalty would 12 be against Caesars. 13 CHAIR KASSEKERT: Thank you. 14 Same individuals; correct? 15 MR. FICCHI: For the record, thank you, 16 Madame Chair. 17 The Division respectfully requests that 18 the Commission adopt the settlements. 19 Thank you. 20 CHAIR KASSEKERT: Thank you. 21 MS. HUGHES: On behalf of Caesars, I 22 also reviewed this settlement agreement and 23 would ask for your approval. 24 CHAIR KASSEKERT: Any questions? 25 COMMISSIONER SOMMELING: No questions, 19 ITEM NO. 7-9 1 Madame Chair. 2 COMMISSIONER FANELLE: Madame Chair, I 3 again approve the stipulation of settlement and 4 impose a civil penalty of $10,000 against 5 Boardwalk Regency Corporation for violation of 6 the Commission regulations regarding 7 self-excluded persons. 8 COMMISSIONER SOMMELING: Second. 9 CHAIR KASSEKERT: The motion has been 10 made and seconded. All in favor? 11 (Ayes.) 12 CHAIR KASSEKERT: Opposed? 13 (No response.) 14 CHAIR KASSEKERT: The motion carries. 15 MR. FICCHI: Thank you. 16 MS. HUGHES: Thank you. 17 MS. NAGENGAST: Thank you. 18 MR. NANCE: Item 8 been has been 19 adjourned to the May 5th, 2010, public meeting. 20 Item No. 9, reconsideration of 21 Commission final orders due to non-compliance 22 of conditions therein for Kathryn Bozil and 23 Joel Santiago. 24 Miss DeLia? 25 MS. DeLIA: Thank you. 20 ITEM NO. 9 1 Good morning. This is a non-compliance 2 matter which is before you today. Subsequent 3 to the meeting notice going out, Miss Bozil did 4 submit an explanation of her noncompliance, 5 together with supplemental documentation which 6 was forwarded to the Division for their 7 position. 8 Miss Bozil is here, and Mr. Biscieglia 9 is here for the Division. 10 CHAIR KASSEKERT: Thank you. 11 Miss Bozil, is there anything you'd like 12 to say today? 13 It's okay. You don't have to say 14 anything if you don't want to. 15 MS. BOZIL: I just -- 16 CHAIR KASSEKERT: If you are going to 17 say something, we need to swear you in. 18 (No response.) 19 CHAIR KASSEKERT: No. Okay. 20 MS. BOZIL: No. 21 CHAIR KASSEKERT: Mr. Biscieglia? 22 MR. BISCIEGLIA: Thank you. 23 As stated, Miss Bozil has provided 24 evidence of compliance with the terms of 25 stipulation of settlement. Based upon that and 21 ITEM NO. 9 1 the fact that she did take advantage of this 2 last opportunity before a decision was made by 3 the Division would -- if it's acceptable, the 4 Division would withdraw its request for 5 reconsideration of this matter. 6 I'd like to handle this by doing a 7 letter to the Commission stating that Miss 8 Bozil is in compliance, copy Miss Bozil on it 9 with her next reporting date because she is not 10 satisfied with the requirements, but she is in 11 compliance with them. 12 CHAIR KASSEKERT: Okay. So you'll take 13 this back to conference, then? 14 MR. BISCIEGLIA: I really don't see the 15 need to go back to conference because she has 16 provided evidence that -- 17 CHAIR KASSEKERT: Okay. 18 MR. BISCIEGLIA: In addition to simply 19 appearing today, she has provided evidence that 20 she is in compliance. It's a bit of a novel 21 situation. Normally we would prefer the 22 reconsideration. I could leave it to the 23 Commission's discretion in how to handle the 24 final order regarding this. 25 But in the Division's position, she is 22 ITEM NO. 9 1 now in compliance, and I would no longer move 2 for a reconsideration of the order granting her 3 licensure. 4 CHAIR KASSEKERT: Counsel, would it be 5 appropriate to have a motion to with -- 6 MS. FAUNTLEROY: A motion to accept the 7 Division's request to withdraw the petition for 8 reconsideration. 9 CHAIR KASSEKERT: Okay. 10 COMMISSIONER SOMMELING: I will make 11 that motion, Madame Chair. 12 CHAIR KASSEKERT: Is there a second? 13 VICE CHAIR HARRINGTON: Second. 14 CHAIR KASSEKERT: The motion has been 15 made and seconded. All in favor? 16 (Ayes.) 17 CHAIR KASSEKERT: Opposed? 18 (No response.) 19 CHAIR KASSEKERT: The motion carries. 20 Thank you for coming. Good luck. 21 MS. BOZIL: Thank you. 22 MS. DeLIA: The second person, Mr. 23 Robles-Santiago, failed to comply with the 24 conditions that had been ordered by the 25 Commission pursuant to the terms of his 23 ITEM NO. 9 1 stipulation of settlement. He did not respond 2 to letters from the Division and the 3 Commission, and he failed to appear for a 4 scheduled conference to address his 5 non-compliance. 6 This matter is now being presented to 7 the Commission for final action. 8 CHAIR KASSEKERT: Now, I'm assuming Mr. 9 Santiago is not present today. 10 MS. DeLIA: No. I'm sorry. He is not. 11 Mr. Santiago is not present. 12 CHAIR KASSEKERT: Okay. Mr. Biscieglia? 13 MR. BISCIEGLIA: In regard to Mr. 14 Robles-Santiago, given his history now of both 15 non-compliance and simply ignoring requests 16 from the Division via letter and also ignoring 17 a prehearing settlement conference notice, the 18 Division would have to ask that the Commission 19 reconsider the order granting him licensure and 20 to vacate that order thereby re -- denying his 21 licensure. 22 CHAIR KASSEKERT: Thank you. 23 Any questions for Mr. Biscieglia? 24 COMMISSIONER SOMMELING: No questions, 25 Madame Chair, but based upon Mr. Santiago's 24 ITEM NO. 10 1 non-compliance with conditions set forth in the 2 existing Commission order granting his 3 licensure and subsequent failure to address his 4 non-compliance issues after having been 5 afforded the opportunity to do so, vacate the 6 existing order granting the license application 7 and deny his license application. 8 CHAIR KASSEKERT: Is there a second? 9 COMMISSIONER EPPS: Second. 10 CHAIR KASSEKERT: The motion has been 11 made and seconded. All in favor? 12 (Ayes.) 13 CHAIR KASSEKERT: Opposed? 14 (No response.) 15 CHAIR KASSEKERT: The motion carries. 16 Thank you. 17 MR. BISCIEGLIA: Thank you. 18 MR. NANCE: Item No. 10, consideration 19 of forfeiture orders in Adamar of New Jersey, 20 Inc., Marina District Development Company, LLC, 21 and Boardwalk Regency Corporation. 22 Miss DeLia? 23 MS. DeLIA: For the Commission's 24 consideration are three forfeiture orders 25 seeking money confiscated from underaged 25 ITEM NO. 10 1 gamblers at Tropicana, Borgata, and Caesars to 2 be turned over to the Commission for 3 disposition. 4 Respective counsel for the three 5 licensees are not present today but have 6 provided letters advising that they have no 7 objection to the entry of a forfeiture order. 8 Each patron was provided with notice of 9 the forfeiture action and the opportunity to be 10 heard. They have either not responded or 11 stated that they are not contesting the action. 12 The matter is now being presented for 13 final action. 14 Mr. Ficchi is here on behalf of the 15 Division. 16 CHAIR KASSEKERT: Okay. Mr. Ficchi? 17 MR. FICCHI: Thank you. 18 Good morning, Madame Chair, 19 Commissioners, again. Yes. 20 The Division would request that the 21 Commission grant the orders as requested by the 22 Division. There's been a slight change in the 23 numbers, but that was due to a service concern. 24 So some of the people were out of the country 25 and so forth, and that's why there's a slight 26 ITEM NO. 10 1 adjustment to the original figures. But with 2 those adjustments, which everybody agrees to, 3 we would ask that the orders be implemented. 4 Thank you. 5 CHAIR KASSEKERT: Thank you. 6 Any questions for Mr. Ficchi? 7 COMMISSIONER SOMMELING: No questions, 8 Madame Chair. 9 VICE CHAIR HARRINGTON: Well, I will 10 move that we dismiss without prejudice the 11 forfeiture actions with respect to patron AZ in 12 the Tropicana complaint, Agency Docket No. 13 9-610-VC; patrons JK and EM in the Borgata 14 complaint, Agency Docket No. 9-0633-VC; and 15 patrons SS, CD, SR, AV, ER, HCG and KW in the 16 Caesars complaint, Agency Docket No. 9-0646-VC 17 based upon the Commission's inability to 18 affectuate proper notice as required by Section 19 71. -- 71.3(c) of the Act, but otherwise order 20 that the remaining money seized from the other 21 patrons in these three complaints be forfeited 22 due to their having gambled while underaged, 23 and the respective casinos are directed to 24 remit the forfeiture funds to the Commission 25 for appropriate dispostion in accordance with 27 ITEM NO. 10-12 1 NJSA 5:12-71.3(c). 2 CHAIR KASSEKERT: Thank you. 3 Is there a second? 4 COMMISSIONER FANELLE: Second. 5 COMMISSIONER SOMMELING: Second. 6 CHAIR KASSEKERT: The motion has been 7 made and seconded. All in favor? 8 (Ayes.) 9 CHAIR KASSEKERT: Opposed? 10 (No response.) 11 CHAIR KASSEKERT: Motion carries. 12 MR. FICCHI: Thank you. 13 MS. DeLIA: Thank you. 14 MR. NANCE: Item No. 11 has been 15 adjourned to the May 5th, 2010, public meeting. 16 Item No. 12, petition of Tropicana 17 Entertainment, Inc., and Tropicana Atlantic 18 City Corp. requesting permission for Todd E. 19 Greenberg to assume the duties and exercise the 20 powers of Senior President and Chief Strategy 21 Officer of Tropicana Entertainment, Inc., 22 pursuant to NJAC 19:43-2.7(c). 23 Miss Richardson? 24 MS. RICHARDSON: Good morning, Chair and 25 Commissioners. 28 ITEM NO. 12 1 A draft resolution was circulated in 2 this matter, and appearing for the Petitioners 3 is Paul O'Gara and for the Division is DAG Jack 4 Adams. 5 CHAIR KASSEKERT: Good morning, Mr. 6 O'Gara. 7 MR. O'GARA: Good morning, Chair. 8 We ask that you grant permission to Mr. 9 Greenberg to serve as the Senior Vice President 10 and Chief Strategy Officer of Tropicana 11 Entertainment pending his plenary 12 qualification. 13 CHAIR KASSEKERT: Thank you. 14 Mr. Adams? 15 MR. ADAMS: Good morning, Chair and 16 Commissioners. 17 We don't oppose the relief. And I've 18 also reviewed the draft resolution, and I have 19 no objection to it. 20 Thank you. 21 CHAIR KASSEKERT: Thank you. 22 Any questions? 23 COMMISSIONER SOMMELING: No questions, 24 Madame Chair. 25 VICE CHAIR HARRINGTON: I will move that 29 ITEM NO. 13 1 we adopt the draft resolution and authorize 2 Todd E. Greenberg on a temporary basis and 3 prior to his plenary qualification to assume 4 the duties and exercise the powers of Senior 5 Vice President and Chief Strategy Officer of 6 Tropicana Entertainment, Inc., nunc pro tunc to 7 March 3rd, 2010, pursuant to NJAC 19:43-2.7. 8 COMMISSIONER EPPS: Second. 9 CHAIR KASSEKERT: Is there a second? 10 Motion is made and seconded. This is a 11 roll call vote. 12 MR. NANCE: Commissioner Sommeling? 13 COMMISSIONER SOMMELING: Yes. 14 MR. NANCE: Commissioner Epps? 15 COMMISSIONER EPPS: Yes. 16 MR. NANCE: Commissioner Fanelle? 17 COMMISSIONER FANELLE: Yes. 18 MR. NANCE: Vice Chair Harrington? 19 VICE CHAIR HARRINGTON: Yes. 20 MR. NANCE: Chair Kassekert? 21 CHAIR KASSEKERT: Yes. 22 MR. NANCE: The record will reflect that 23 the motion is unanimous. 24 CHAIR KASSEKERT: Thank you. 25 MR. NANCE: Item No. 13, petition of 30 ITEM NO. 13 1 Column Financial, Inc., and Credit Suisse 2 Holding, Inc., for rulings with respect to the 3 release of certain conditions imposed by 4 Resolution No. 09-11-19-1A. 5 Miss Richardson? 6 MS. RICHARDSON: Good morning, again. 7 A draft resolution on this item has also 8 been circulated to the parties. Mr. O'Gara is 9 here for the Petitioners, and for the Division 10 is DAG Mary Jo Flaherty. 11 CHAIR KASSEKERT: Mr. O'Gara? 12 MR. O'GARA: Yes, ma'am. 13 Our petition has sought relief from 14 certain conditions which were imposed upon 15 Column and its affiliate, Credit Suisse USA. 16 Because it was a directing holder and 17 controlling class of the loan which was the 18 subject of the deed-in-lieu-of-foreclosure 19 approvals, Column has been informed and has -- 20 is aware, and they are not the directing 21 holder, and they are no longer the controlling 22 class. We recognize, as does the resolution, 23 there's subject to, obviously, your 24 jurisdiction, holders of a piece of the loan. 25 But the particular conditions were ones which 31 ITEM NO. 13 1 were applied to them as the directing holder 2 because of rights they had under the PSA as 3 directing holder. No longer having those 4 rights, we felt it was appropriate that the 5 conditions which were imposed because of that, 6 and in the resolution said "as controlling 7 holder," they be relieved of those. 8 It in no way changes what happens under 9 the PSA. The special servicer still functions 10 in the same way, and the other conditions move 11 in the same fashion, i.e., you know, marketing 12 the -- everything inside the resolution works 13 the same way. 14 I would only note, number one, that 15 while they were subject to these conditions in 16 the controlling classes or as directing holder, 17 Column Credit Suisse USA has complied with all 18 these conditions and filed all the filings that 19 were required and subjected themselves to the 20 requirements. And also that at present, there 21 is no directing holder or controlling class of 22 one. And if there should be, as the condition 23 provides, we'll immediately inform you. 24 Thank you. 25 CHAIR KASSEKERT: Thank you. 32 ITEM NO. 13 1 Any questions for Mr. O'Gara? 2 COMMISSIONER SOMMELING: I have no 3 questions, ma'am chair. 4 CHAIR KASSEKERT: Miss Flaherty? 5 MS. FLAHERTY: Yes. Chair, 6 Commissioners. 7 We reviewed the petitin and by report 8 dated April the 14th, we set our forth our 9 position to the Commission. 10 We've reviewed the draft resolution as 11 well. We have no issues with, and we would 12 support its adoption. 13 Thank you very much. 14 CHAIR KASSEKERT: Thank you. 15 Any questions for the Division? 16 COMMISSIONER SOMMELING: No questions, 17 Madame Chair. 18 COMMISSIONER EPPS: Madame Chair, I move 19 that we adopt the draft resolution and grant 20 the relief requested in the petition to the 21 extent set forth in the resolution. 22 COMMISSIONER SOMMELING: Second. 23 CHAIR KASSEKERT: Motion is made and 24 seconded. This is a roll call vote. 25 MR. NANCE: Commissioner Sommeling? 33 ITEM NO. 14 1 COMMISSIONER SOMMELING: Yes. 2 MR. NANCE: Commissioner Epps? 3 COMMISSIONER EPPS: Yes. 4 MR. NANCE: Commissioner Fanelle? 5 COMMISSIONER FANELLE: Yes. 6 MR. NANCE: Vice Chair Harrington? 7 VICE CHAIR HARRINGTON: Yes. 8 MR. NANCE: Chair Kassekert? 9 CHAIR KASSEKERT: Yes. 10 MR. NANCE: The record will reflect in 11 the motion is unanimous. 12 MR. O'GARA: Thank you. 13 CHAIR KASSEKERT: Thank you. 14 MR. NANCE: Item No. 14, petition of 15 Trump Marina Associates, LLC, for permission to 16 transfer progressive slot jackpots pursuant to 17 NJAC 19:45-1.39(n) and for waiver of NJAC 18 19:45-1.39(n)2 and pursuant to NJAC 19:40-1.3 19 (d). 20 Mr. Briliant? 21 MR. BRILIANT: Good morning, Madame 22 Chair and Commissioners. 23 Mr. Cunningham is here on behalf of the 24 Petitioner. Mr. Kimmel is here on behalf of 25 the Division. 34 ITEM NO. 14 1 CHAIR KASSEKERT: Thank you. 2 Good morning, Mr. Cunningham. 3 MR. CUNNINGHAM: Good morning. 4 MR. KIMMEL: It's your petition. 5 MR. CUNNINGHAM: Thank you. 6 Trump Marina has reviewed the draft 7 proposed resolution and would urge its adoption 8 on the basis of the papers submitted. 9 I'm available for any questions that you 10 may have. 11 CHAIR KASSEKERT: Thank you. 12 Any questions for Mr. Cunningham? 13 Any before we hear from Mr. Kimmel? 14 COMMISSIONER SOMMELING: No questions, 15 Madame Chair. 16 CHAIR KASSEKERT: Mr. Kimmel? 17 MR. KIMMEL: Good morning, Chair and 18 members of the Commissioners. 19 The Division has no objection to the 20 relief requested by the petition or to the 21 waiver. I have read the draft resolution and 22 no have no objection to it and urge its 23 adoption. 24 Thank you. 25 CHAIR KASSEKERT: Any questions for Mr. 35 ITEM NO. 14 1 Kimmel? 2 COMMISSIONER SOMMELING: No questions, 3 Madame Chair. 4 Madame Chair, I move that we transfer 5 the -- allow the transfer of the progressive 6 slot jackpots for waivers: A, adopt the 7 draft -- adopt the draft resolution, permitting 8 the requested progressive jackpot transfers; B, 9 partially waive the 30-day advance posting 10 requirement to permit the requested transfers, 11 but require the transfer notice remain posted 12 until May the 15th of 2010, and grant any 13 waiver nunc pro tunc of the five-day removal 14 limitation in NJAC 19:45-1.39(1)[sic] effective 15 from March 39th, 2010, to May 1st, 2010, 16 whereupon completion of the transfers, 17 whichever occurs first. 18 CHAIR KASSEKERT: Is there a second? 19 COMMISSIONER EPPS: Second. 20 CHAIR KASSEKERT: The motion has been 21 made and seconded. All in favor? 22 (Ayes.) 23 CHAIR KASSEKERT: Opposed? 24 (No response.) 25 CHAIR KASSEKERT: The motion carries. 36 ITEM NO. 15 1 Thank you. 2 MR. CUNNINGHAM: Thank you. 3 MR. KIMMEL: Thank you. 4 MR. NANCE: Item No. 15, application of 5 RIH Acquisitions, New Jersey, LLC, for an 6 amendment to its certificate of operation to 7 reconfigure its casino floor. 8 Mr. Moncrief? 9 MR. MONCRIEF: Madame Chair, members of 10 the Commission, before you is the petition of 11 Hilton seeking to amend its certificate of 12 operation and reconfigure its casino floor. 13 Here for the Petitioner is Karen 14 Wosnack, and for the Division, Deputy Attorney 15 General Tim Ficchi. 16 MS. WOSNACK: Good morning, Madame Chair 17 and Commissioners. 18 I have reveiwed the draft resolution and 19 would just ask that you grant the relief 20 requested on the petition. 21 Thank you. 22 CHAIR KASSEKERT: Thank you. 23 Mr. Ficchi? 24 MR. FICCHI: Yes. Thank you, 25 Commissioners. 37 PUBLIC PARTICIPATION 1 The Division has reviewed the draft 2 resolution and would request that the 3 Commission adopt the resolution as drafted. 4 CHAIR KASSEKERT: Thank you. 5 Any questions for the parties? 6 COMMISSIONER SOMMELING: No questions, 7 Madame Chair. 8 COMMISSIONER FANELLE: Madame Chair, I 9 move to adopt the draft resolution and approve 10 the petition of RIH Acquisitions, New Jersey, 11 LLC, for an amendment to its certificate fo 12 operation to permit the reconfiguration to its 13 gaming floor subject to the conditions in the 14 resolution. 15 VICE CHAIR HARRINGTON: Second. 16 CHAIR KASSEKERT: Is there a second? 17 The motion has been made and seconded. 18 All in favor? 19 (Ayes.) 20 CHAIR KASSEKERT: Opposed? 21 (No response.) 22 CHAIR KASSEKERT: The motion carries. 23 MS. WOSNACK: Thank you very much. 24 MR. FICCHI: Thank you. 25 CHAIR KASSEKERT: Thank you. 38 PUBLIC PARTICIPATION 1 MR. NANCE: In accordance with 2 Resolution 09-12-16-20, the next closed session 3 of the Commission shall be held on Wednesday, 4 May 5th, 2010, at 9:15 a.m. in the Commission 5 offices. 6 It's now time for the public 7 participation portion of the meeting. 8 CHAIR KASSEKERT: Is there anyone from 9 the public who wishes to be heard? 10 Yes, Mr. Johnson. Can you please come 11 forward and state your name and your address 12 for the record? 13 MR. JOHNSON: My name is Franklin 14 Johnson. Address 176-26 29th Street 15 (unintelligible.) 16 CHAIR KASSEKERT: Thank you. 17 MR. JOHNSON: This is in regards to my 18 last appearance here concerning that issue of 19 organized -- concerning the various casinos 20 that's tying to blackball me from 21 participation. 22 I stated to this Commission before that 23 under the guidelines and under the assistance 24 of the federal government investigation that I 25 have consensual to watch them do their jobs. 39 PUBLIC PARTICIPATION 1 And to report any facts concerning misbehavior 2 on that particular subject of organized 3 corruption. It still seems to run into a 4 problem with them in regards to allowing that 5 to happen. They have stated no reason where I 6 should not be allowed to do that. And there 7 are eviction proceedings is incorrect in term 8 of the regulations of the Commission and the 9 Constitution of the United States. 10 I'm seeking assistance from the 11 Commission in trying to straighten this out in 12 terms of -- well, I have suspicion that certain 13 individuals are intentionally misperforming 14 [sic] their duties in terms of getting an 15 advantage on the proceeds of those casinos 16 against the owners of those casinos or the 17 licensees of those casinos by not properly 18 informing them of some of the activities 19 involved in those casinos. 20 I have litigations in superior court and 21 municipal court concerning these eviction 22 proceedings. And, as of now, we're making 23 progress in terms of establishing the facts and 24 regarding what the Commission recommended and 25 what the statute says in terms of the 40 PUBLIC PARTICIPATION 1 interpretation of eviction from any casino in 2 the State of New Jersey or any casino, for that 3 matter, under the guidelines of the 4 Constitution. 5 You referred me to one of the 6 representatives here of the Commission so that 7 I could get records so that I can keep these 8 records clear and having counsel properly 9 present this issue to the courts. I still need 10 those records. 11 CHAIR KASSEKERT: Let me just -- Mr. 12 Briliant? Any -- 13 MS. FAUNTLEROY: We have a copy of the 14 transcript that Mr. Johnson requested. It's 15 available for him after the meeting today. 16 CHAIR KASSEKERT: Okay. 17 Commissioner Epps? 18 COMMISSIONER EPPS: Mr. Johnson, I have 19 a concern, though, because I understand and I 20 appreciate your cooperation in the endeavor 21 that you're engaged in, but we don't have any 22 communication from the authorities that you're 23 working with giving us some insight as to that 24 cooperative effort. Do you have that? Is 25 there some way that you could provide to the 41 PUBLIC PARTICIPATION 1 Commission some documentation of that? 2 MR. JOHNSON: Yes. I was informed 3 yesterday on how to go about doing that by the 4 agency that I claim that I'm working for. And 5 I will definitely have the attorney that is 6 assisting me -- 7 COMMISSIONER EPPS: Contact us? 8 MR. JOHNSON: Yes. 9 COMMISSIONER EPPS: Okay. I understand. 10 MR. JOHNSON: Try assist you in getting 11 that information. Plus, I'm going to contact 12 the Governor's office on that. 13 COMMISSIONER EPPS: Okay. Thank you. 14 MR. JOHNSON: Okay? 15 MS. FAUNTLEROY: If I can ask Mr. 16 Johnson, do you have your counsel's name? 17 MR. JOHNSON: Yeah. Mr. Brian 18 Littleford [sic]. 19 MS. FAUNTLEROY: Say it -- Braun? 20 MR. JOHNSON: Brian Littlefield. 21 MS. FAUNTLEROY: You mean Braun 22 Littlefield? 23 MR. JOHNSON: Yeah. He's the chief 24 public defender here in Atlantic County. 25 MS. FAUNTLEROY: Okay. Our 42 PUBLIC PARTICIPATION 1 communication should be through Mr. 2 Littlefield. 3 CHAIR KASSEKERT: Through -- counsel. 4 Right. 5 MR. JOHNSON: Thank you very much. 6 CHAIR KASSEKERT: Thank you. 7 Anyone else from the public that wishes 8 to be heard? 9 (No response.) 10 CHAIR KASSEKERT: Seeing no one, I'll 11 declare this portion of the meeting closed and 12 entertain a motion to adjourn. 13 COMMISSIONER SOMMELING: Motion to 14 adjourn. 15 CHAIR KASSEKERT: Is there a second? 16 COMMISSIONER FANELLE: Second. 17 COMMISSIONER EPPS: Second. 18 CHAIR KASSEKERT: The motion has been 19 made and seconded. All in favor? 20 (Ayes.) 21 CHAIR KASSEKERT: Opposed? 22 (No response.) 23 CHAIR KASSEKERT: The motion carries. 24 (Public Meeting 10-04-21 was adjourned 25 at 11:00 a.m.) 43 1 2 C E R T I F I C A T E 3 4 5 I, DARLENE SILLITOE, a Certified Court 6 Reporter and Notary Public of the State of New 7 Jersey, certify that the foregoing is a true 8 and accurate transcript of the proceedings. 9 10 11 I further certify that I am neither 12 attorney, of counsel for, nor related to or 13 employed by any of the parties to the action; 14 further that I am not a relative or employee of 15 any attorney or counsel employed in this case; 16 nor am I financially interested in the action. 17 18 19 DARLENE SILLITOE CCR 20 License No XI01023 21 22 Dated: April 25, 2010 23 My Notary Commission Expires July 22, 2014 24 ID No 2062871 25