Attorney General August 13, 1994 Memorandum on Enforcement of the Indian Gaming Regulatory Act

August 18, 1994

MEMORANDUM FOR UNITED STATES ATTORNEYS

FROM: THE ATTORNEY GENERAL

SUBJECT: ENFORCEMENT OF THE INDIAN GAMING REGULATORY ACT

As a result of developments in Indian gaming law, and actions taken in a number of districts, I wish to amplify the policy set forth in my March 25, 1994 memorandum on this subject.

The Department's overall goal is the "peaceful termination of . . . illegal operations . . . within a brief but reasonable time." This goal is compatible with the Department's duty to enforce the law, as well as with its responsibility to work in good faith with the tribes.

While gaming laws vary from state to state and different circumstances may exist in each federal district, any decision by one United States Attorney as to how to achieve the Department's goal in his or her District may have far-reaching consequences for other United States Attorneys with gaming in their districts. It is important, therefore, that every United States Attorney be kept informed of activities in other districts and that each United States Attorney's response to Indian gaming issues -- however different because of different circumstances -- be compatible with the Department's policies.

For these reasons, I have asked the Assistant Attorney General for the Criminal Division to serve as the coordinating and communicating center for the enforcement of the Indian Gaming Regulatory Act. No action with respect to Indian gaming should be taken without consultation with her well in advance of the planned action.

In addition, each United States Attorney with Indian gaming in his or her district should provide to the Assistant Attorney General of the Criminal Division an assessment of the gaming situation and a proposed strategy for dealing with it. Please submit your assessment and strategy by September 9, 1994.

Criminal Division Deputy Assistant Attorney General Kevin V. DiGregory is available to answer any questions and provide any assistance on this matter. His telephone number is: (202) 514-9725.

I appreciate your cooperation.

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