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GARY, Ind. (AP) — The legal fight over ownership of a new $300 million casino in northwestern Indiana could leave it sitting unused for possibly months after construction work is completed.

Indiana Gaming Commission has told the parent company of Gary’s Majestic Star Casinos to be ready to operate its gambling boats along Lake Michigan until at least June, instead of moving forward with plans to close them in March or April when the new in-land casino in Gary was expected to open, The (Northwest Indiana) Times reported.

The step was taken to keep the existing casino operation in business after the commission moved in December to force a longtime heavyweight in Indiana’s gambling industry to give up his ownership stake in Spectacle Entertainment, which owns the existing casinos and the under-construction Hard Rock Casino Northern Indiana.

“Unfortunately, the actions of parties associated with Spectacle have created a high level of uncertainty regarding both suitability and project timeline,” said Sara Gonso Tait, the commission’s executive director. “Until an acceptable path forward is identified, the commission will continue to act within its authority to protect gaming revenues and employees at the current operation in Gary.”

The money represented a 4.1 percent increase over 2017, and marked the ninth consecutive year on the upside, said the American Gaming Association of Washington, D.C., in an annual survey. Criminal organizations are attracted to interstate funnel accounts because they enable them to exploit the U.S. Banking system and move money rapidly across great distances at minimal cost, as well as allow for anonymity of the depositors. Another bonus is that the transnational criminal organizations don’t have to pay transaction fees.

Former Spectacle CEO Rod Ratcliff filed a lawsuit against the commission in January, arguing it wrongly acted against him without allowing a fair hearing on allegations that he continued exerting control over the company in violation of state orders.

The commission has said Ratcliff put in motion a scheme to illegally funnel casino company money to a former state lawmaker’s unsuccessful 2016 Republican congressional campaign. Ratcliff’s lawsuit maintains that state regulators have interfered with his efforts to sell his 22% share of Spectacle and were trying to force him to take a “fire-sale price” from Hard Rock International.

A longtime Ratcliff business partner, former Spectacle vice president John Keeler, was indicted in September on federal charges over the alleged straw donor contributions. Ratcliff hasn’t been charged in the federal case and he denies any wrongdoing.

Attorneys for the commission have asked a Lake County judge to dismiss the lawsuit, arguing Ratcliff has not exhausted his administrative appeals.

Meanwhile, Hard Rock is continuing to recruit, hire and train hundreds of employees for the new casino along Interstate 80/94 that its website — and roadside billboards across the state — still say is scheduled to open in spring 2021.

Hard Rock is working with the state commission and Spectacle Entertainment to resolve the ownership dispute and “remains committed to the successful completion of the Hard Rock Northern Indiana project,” said Jon Lucas, the company’s chief operating officer.

Quick Take

Posts on social media falsely claim that the Trump family is “disallowed from operating ANY charity” in New York because they “stole from a kids cancer charity.” That inaccurately describes the outcome of a court case involving the Donald J. Trump Foundation, and conflates it with allegations about the Eric Trump Foundation.

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President Donald Trump’s namesake charitable foundation agreed to cease operations in late 2018 as part of an agreement with New York’s attorney general, who alleged that the nonprofit organization was improperly leveraged to further Trump’s business and political interests. A November court order resolved the lawsuit, and Trump ultimately paid a total of $2 million in damages to eight charities, which also received equal portions of the foundation’s remaining $1.8 million.

But it is not the case, as viralsocialmediaposts claim, that the Trump family was “disallowed from operating ANY charity” in New York “because they stole from a kids cancer charity.” That distorts the facts on a number of fronts, including by conflating two separate matters.

First of all, it’s wrong to say the family was “disallowed” from operating a charity in the state. There was no such stipulation in the settlement with the attorney general.

While the attorney general’s lawsuit initially asked the court to bar Trump and his grown children who sat on the foundation’s board from serving as any charity’s “officer, director, trustee or equivalent position” for a period of time, the settlement reached did not do that.

Instead, the agreement imposes a number of requirements that the president must meet if he “decides to serve as an officer or director of a pre-existing charitable organization” — or “form a new charitable organization and serve as an officer or director thereof” — in New York. For example, if Trump were to start a new organization, he would need to “provide Annual Reports to the Attorney General for 5 years.”

It also required Trump’s children — Donald Trump Jr., Ivanka Trump and Eric Trump — to participate in “mandatory training” relating to charitable organizations, which the three have already undergone.

There also was no part of the state’s lawsuit that dealt with allegations that the Trump Foundation “stole from a kids cancer charity,” as the posts claim.

That detail appears to stem from a 2017 Forbes story that alleged Eric Trump’s separate nonprofit organization, the Eric Trump Foundation, engaged in self-dealing and misled donors.

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The magazine wrote that the foundation publicly proclaimed that all proceeds from its annual golf tournament at a Trump golf club would go to St. Jude Children’s Research Hospital. However, while the foundation did donate millions to that organization, it also made large payments to the Trump Organization to host the event and some funds were directed to different charities, Forbes found.

While the New York attorney general’s office said it was “looking into” the findings of the Forbes report back in 2017, those allegations were not part of the lawsuit involving the Donald J. Trump Foundation.

Eric Trump has since resigned from his foundation, which has rebranded as Curetivity.

Editor’s note: FactCheck.org is one of several organizations working with Facebook to debunk misinformation shared on social media. Our previous stories can be found here.

Sources

“A.G. Underwood Announces Stipulation Dissolving Trump Foundation Under Judicial Supervision, With AG Review Of Recipient Charities.” Press release, New York State Office of the Attorney General. 18 Dec 2018.

Alexander, Don. “How Donald Trump Shifted Kids-Cancer Charity Money Into His Business.” Forbes. 6 Jun 2017.

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Alexander, Don and Matt Drange. “New York Attorney General Looking Into Eric Trump Foundation.” Forbes. 9 Jun 2017.

“Attorney General Underwood Announces Lawsuit Against Donald J. Trump Foundation And Its Board Of Directors For Extensive And Persistent Violations Of State And Federal Law.” Press release, New York State Office of the Attorney General. 14 Jun 2018.

“Donald J. Trump Pays Court-Ordered $2 Million For Illegally Using Trump Foundation Funds.” Press release, New York State Office of the Attorney General. 10 Dec 2019.

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The People of the State of New York v. Donald Trump, et. al. Index No. 451130/2018.Decision + Order on Petition. Supreme Court of the State of New York, County of New York. 7 Nov 2019.

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