United States v. E.C. Investments, Inc.

Bad Law
77 F.3d 327·96 Daily Journal DAR 2135·1996 WL 80454·1996 U.S. App. LEXIS 3144·96 Cal. Daily Op. Serv. 1258
United States Court of Appeals for the Ninth CircuitFebruary 27, 1996No. 94-50631California1,983 words

Opinion

Lead Opinion

Scannlain, J.

We must decide whether California’s prohibition against the use of slot machines may serve as the predicate offense for federal prosecution of gambling activities in Indian country that are in violation of state law.

I

Pursuant to a contract with the Tribal Council of the Morongo Band of Mission Indians (the “Morongo”), defendants E.C. Investments, Inc. (“ECI”), William C. Armstrong, Ira Englander, Gy orgy Hargitai, and Roger Keesee (“defendants”) managed and operated a casino on the Morongo Indian Reservation in Riverside County, California. Englander was the president of ECI and the manager of the casino. Hargitai was the owner of ECI. Armstrong and Keesee were paid consultants for ECI.

On May 11, 1994, a federal grand jury returned an indictment charging the defendants with running an “illegal gambling business” in violation of 18 U.S.C. § 1955 (1984 & Supp.1995). Section 1955 prohibits the operation or ownership of “an illegal gambling business,” which the section defines as “a violation of the law of a State or political subdivision in which it is conducted.” 18 U.S.C. § 1955 (a)(b)(1)(i). As the necessary predicate state law offense, defendants were charged with using…

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