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Once vocal Seneca foe of gambling reaps casino fee
Updated: August 21, 2010, 9:35 AM
Susan P. Abrams for years led a determined group of Senecas that almost derailed casino
gambling by the tribe, arguing at local and national forums that casinos were a bad roll of
the dice for her people.
Abrams, 55, who fought gambling with Senecas Against Casinos beginning in 1994, was often a
lone Indian voice against gambling at forums held by Citizens Against Casino Gambling in Erie
County.
“There is only a handful of Indians who get money, and there is only a handful of
Indians who get rich,” she said of the effect of Native American casinos at a 2003
national anti-gambling conference in Baltimore. “The rest of us live in poverty
yet.”
Abrams no longer makes public speeches against casino gambling. In fact, she gets paid
handsomely doing work for the Seneca casinos. Abrams has become what she warned against —
an Indian with money who could be considered rich because of casino gambling.
The way she has done this has come into question. Her attempt at getting a $2 million
contract from the architect of the Buffalo Creek Casino, according to a report by a Seneca
watchdog agency overseeing the three Seneca casinos, “may constitute illegal
activity.”
Barry W. Brandon, chief legal counsel to the Seneca Gaming Corp. at the time, went further.
He suggested in a memo to the corporate board that Abrams’ attempt bordered on extortion.
Brandon further stated in that memo that he believed Abrams was asking for money because
she was a Seneca, not that she was adding anything to the work.
Brandon later was forced out of his job by Barry E. Snyder Sr., president of the Seneca
Nation.
In an interview with The Buffalo News, Abrams denied any wrongdoing but said she would wait
for her attorney to make a formal response.
On Friday, Abrams faxed a letter to News officials, challenging the reliability of the
report by the Seneca watchdog agency and saying she is filing a lawsuit “against certain
parties involved in the continued attempt to unduly injure me with unsubstantiated statements,
information and opinions not based on facts or truth.”
Abrams is one of a number of Senecas the Seneca Gaming Authority names in a report to the
Seneca Tribal Council about casino contracting.
The Gaming Authority, a watchdog agency specified in the Senecas’ gambling compact
with the state, issues gambling licenses and ensures the tribe’s three casinos abide by
the law.
The Seneca Gaming Corp. is the body that runs the casinos.
Both were established by the Tribal Council to which they report.
Tribal councilors ordered the Gaming Authority to analyze an audit by MDBI, a forensic
accounting group consisting of former FBI agents and government prosecutors. Last year, that
group detailed how the Senecas had been swindled out of more than $800,000 in purchasing land
in Lewiston for a $25.5 million championship golf course.
An FBI investigation into that deal already has led to a guilty plea in U.S. District Court by
Timothy J. Toohey, a now-disbarred lawyer who admitted taking $202,000 from the tribe he once
had served as attorney.
More charges expected
Charges are expected against Bergal Mitchell III, Toohey’s Seneca partner, according
to his attorney. At the time of the land fraud, Mitchell was vice chairman of the Seneca
Gaming Corp., led then by Snyder. Mitchell and his wife collected $350,000 in the land deal
but deny wrongdoing.
The Seneca government has not made public the MDBI audit or the Gaming Authority report
issued in October, causing anger on the Seneca territories. The News has reviewed copies of
both reports.
Sources said the documents have been provided to the FBI. An FBI spokesman declined to
comment.
Susan Abrams, a Seneca official whose title is tribal operations manager for Seneca
treasurer Jacqueline Bowen, has long been a figure in Seneca politics, serving as executive
assistant to Dennis Bowen and, most recently, Maurice John Sr. during their terms as Seneca
president.
Abrams has gone from fighting casinos to demanding her share of the casinos’ business.
Abrams has won personal contracts to place artwork in the casinos — including a
sculpture at the Seneca Allegany Casino — and has brought actions in her own name against
casino vendors for failing to abide by the Senecas’ Tribal Employment Rights Ordinance.
TERO, as its known, requires such vendors to partner with Senecas. But its widespread
abuse, previously detailed by The News, prompted the Tribal Council to stop including it in
casino contracts.
Abrams, according to Seneca sources, personally collected $430,000 in 2004 from Global Cash
Access of Las Vegas, a manufacturer of automatic teller machines. The company made the
settlement in return for her dropping a lawsuit in Seneca Peacemakers Court. In the suit,
Abrams argued that the company lacked a Seneca partner for the casino contract, as required by
TERO.
A spokeswoman for Global Cash Access said the settlement was confidential and could not be
disclosed.
Architect’s complaint
Abrams attempted to force another casino contractor, the architect of the $330 million
Buffalo Creek Casino, to give her a piece of that contract, according to the Seneca Gaming
Authority report.
Abrams demanded 2 percent — or $2 million — from SOSH Architects in Atlantic
City, N.J., because it also lacked a Seneca partner.
Nory Hazaveh, the SOSH principal architect, did not return a telephone call to for comment.
Hazaveh, according to the Gaming Authority report, complained about Abrams in a Jan. 24,
2007, letter to the Seneca Gaming Corp.
“Mr. Hazaveh stated that Mrs. Abrams expected a fee of 2 percent of the construction
costs of the entire Buffalo Creek Casino as compensation for her services (the cost estimate
at that point would be approximately $2 million),” the Gaming Authority report stated.
Hazaveh said in his letter that he told Abrams and her attorney, John P. Bartolomei, that
SOSH could not form a joint venture with her because Abrams is not a licensed architect.
Abrams has worked as an architectural drafter and has a company called SPA Architectural, but
is not an architect.
Brandon, the corporation’s chief attorney at the time, recommended rejecting
Abrams’ proposal in a memo to the Seneca Gaming Corp. board.
“There is nothing in the letter that would indicate that she had performed or was
expected to perform any work that would legitimately entitle her to compensation,”
Brandon wrote in the letter, cited in the Seneca Gaming Authority report.
Lawsuit threatened
Brandon also said in the letter that Abrams apparently “was expecting to be paid a fee
because she is Seneca and for no other apparent reason.”
He urged Seneca Gaming “to stop this behavior and to ensure that our vendors are not
required to comply with these unscrupulous attempts at extortion.”
Brandon, according to documents the Gaming Authority supplied to the Tribal Council, was
then threatened with a defamation suit by Bartolomei on behalf of Abrams.
Brandon said he could not comment because of a gag order imposed by his severance package,
which amounted to more than $600,000 for his dismissal.
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