Major Conflict of Interest Between Seneca Nation, Delaware North, New York State & Bolton-St. Johns
On Saturday, April 9th, the Seneca Nation of Indians (SNI) tribal council and President Matthew Pagels terminated a controversial contract with Albany lobbyist Bolton-St. Johns (BSJ). The decision was made after the Seneca Mothers group demanded action at the tribal council meeting, which also resulted in the immediate resignation of SNI attorney Michele Mitchell. The Seneca Mothers were armed with information first reported by Last Real Indians just three days prior, combined with an email circulated by a grassroots group.
The contract between SNI and BSJ was signed February 12th, 2022 and it granted BSJ the right to lobby the negotiation of a new 2023 gaming compact with New York State (NYS) on SNI’s behalf. The major controversy with this contract is the fact that Bolton-St. Johns is known as the former longtime lobbyist of Delaware North, a direct competitor to SNI casinos. In fact, Delaware North was directly involved in violating the original 2002 gaming compact between NYS and SNI. That compact gave SNI exclusive gaming rights within a specified zone, which Delaware North violated by operating two racetrack casinos within the exclusive area. This violation led to the 2013 settlement which was contested until last month when NYS forced SNI to pay $564 million by freezing Seneca bank accounts.
While browsing the New York State Joint Commission On Public Ethics (JCOPE) database, Last Real Indians has discovered that the February 12th, 2022 contract between SNI and BSJ was not their first signed agreement.
Below is the original lobbyist agreement between SNI and BSJ, signed 1/29/21. The signatories are Seneca President Matthew Pagels on behalf of SNI and Georgio DeRosa on behalf of BSJ. DeRosa is father of Melissa DeRosa, former Governor Andrew Cuomo’s secretary. There is a MAJOR conflict of interest here. In September of 2021, a spokesperson for Bolton-St. Johns told New York Post, “Bolton-St Johns’ contract ended with Delaware North in February 2021.” The signatures on the contract between SNI and BSJ are clearly dated 1/29/21 - meaning that the Seneca Nation of Indians executed a contract with Bolton-St. Johns while the BSJ agreement with Delaware North was STILL ACTIVE. Note Michele Mitchell’s initials at the bottom of the contract.
Why would the Seneca Nation of Indians, sworn competitor of Delaware North, pick up a contract with Bolton-St. Johns just as the Delaware North/Bolton-St. Johns contract was ending? Here’s the full list of registrations/amendments and bi-monthly reports between SNI and BSJ:
Bi-monthly reports show that Bolton-St. Johns was engaged in direct lobbying of the EXECUTIVE CHAMBER/STAFF OF OFFICE OF GOVERNOR AND LT. GOVERNOR as early as 4/4/2021.
New York State Governor Kathy Hochul is married to Bill Hochul, general counsel and Senior VP of Delaware North. Due to this conflict of interest, Gov. Hochul recused herself from all state dealings involving Delaware North. Her recusal passed the power to negotiate with Delaware North down to her secretary, Karen Persichilli, who is married to Bolton-St. Johns lobbyist Michael Keogh; who is listed on the SNI/BSJ filings.
APRIL 4TH, 2021
TYPE: STATE TRIBAL COMPACT AGREEMENT - NYS INDIAN NATIONS
FOCUS: SENECA NATION OF INDIANS
PARTIES: EXECUTIVE CHAMBER/STAFF OF OFFICE OF GOVERNOR AND LT. GOVERNOR
MAY 4TH, 2021
TYPE: STATE TRIBAL COMPACT AGREEMENT - NYS INDIAN NATIONS
FOCUS: SENECA NATION OF INDIANS
PARTIES: EXECUTIVE CHAMBER/STAFF OF OFFICE OF GOVERNOR AND LT. GOVERNOR
GAMING COMMISSION - ROB WILLIAMS
SNI/BSJ bi-monthly reports for July 21st, 2021; September 15th, 2021; and October 20th, 2021 all state:
SUBJECTS LOBBIED: GAMING GENERAL
NOVEMBER 20TH, 2021
TYPE: STATE RESOLUTION
FOCUS: DISCUSSED STATUS OF FINANCIAL SETTLEMENT OF GAMING COMPACT WITH SENECA NATIONS IN THE STATE OF NEW YORK
PARTIES: EXECUTIVE CHAMBER/STAFF OF OFFICE OF GOVERNOR AND LT. GOVERNOR
JANUARY 13TH, 2022
TYPE: STATE RESOLUTION
FOCUS: DISCUSSED STATUS OF FINANCIAL SETTLEMENT OF GAMING COMPACT WITH SENECA NATIONS IN THE STATE OF NEW YORK
PARTIES: EXECUTIVE CHAMBER/STAFF OF OFFICE OF GOVERNOR AND LT. GOVERNOR
GAMING COMMISSION - ROB WILLIAMS
The final SNI/BSJ bi-monthly report is dated April 5th, 2022 - just one day prior to our exposé on this subject. The report states - SUBJECTS LOBBIED: GAMING GENERAL