Gambling news from http://www.azcentral.com/
Racetrack owner Jerry Simms should not be allowed to bring his off-track-betting signal into Arizona's Indian casinos, a state agency has recommended, citing what it says is Simms' history of lies, corrupt business dealings and dicey personal relationships.
The recommendation, which Simms is contesting, is based on a state Department of Gaming investigation of Simms, a majority owner of TP Racing, which runs the Turf Paradise track in north Phoenix.
The Gaming Department must certify vendors who provide services to the casinos.
Based on that investigation, completed this summer, the agency notified Simms that it does not believe he is fit to do business with the casinos.
Among other things, the agency cited Simms' "history of inappropriate and corrupt dealings with state officials in California, his dishonest business activities, his questionable personal associations, and the false statements he has made to the department and the Arizona Department of Racing."
Simms' attorney, Buzz Alston, claims that despite the agency's contention that it has found new evidence of his client's lack of fitness for certification, the Gaming Department did not dig up anything new.
And Simms, he contends, has a clean record for the six years he has been operating the horse track at Turf Paradise. Otherwise, Simms' racing permit would have been revoked, Alston said.
Gaming officials declined to comment beyond what they stated in their report and notification to Simms.
In the notification letter, Deputy Gaming Director Ronald Ruiz acknowledged Simms' arguments that the events cited are in his past and that he has led an exemplary life recently.
But, Ruiz wrote, "the facts demonstrate a troubling pattern of disregard for the law, attempts to take advantage of financial situations and relationships with government authorities, and willingness to associate with persons who share those characteristics and pose risks for the integrity of a gaming-related operation."
Simms has requested a hearing before an administrative law judge, who will hear arguments from both sides and determine whether the gaming certification should be granted.
A hearing was set for Oct. 5 but has been postponed to an undetermined date.
In many ways, the Gaming Department and Simms are going down a well-trod path.
Simms initially sought gaming certification six years ago, but the process took a series of legal twists and turns that resulted in no decision.
Back then, the agency recommended that Simms be denied certification, based on events in California during the 1980s. They included Simms' dealing with former state Sen. Alan Robbins and former California Coastal Commissioner Mark Nathanson.
Both officials have since been convicted on political-corruption charges, including events that involved Simms. He was not charged.
State officials at the time also were concerned about Simms' involvement with Allen Glick, who lost his Nevada gaming license after federal authorities found he was skimming profits from his casinos. Simms has maintained a relationship with Glick, a connection that Arizona officials find inappropriate for someone involved with gambling issues.
Since that report in 2000, investigator Ronald Asher told gaming officials he had turned up previously unknown information that, in his view, sullied Simms' fitness to deal with the tribal casinos.
Specifically, Asher reported that Simms used his California political connections to pressure a car dealer into repaying $500,000 he reportedly owed Simms.
After Simms was paid, the businessman was successful in his attempts to get the California Department of Transportation to relocate a freeway offramp so it wouldn't impede his dealership.
Gaming officials also claim that Simms lied on his state application in 2000, when he denied an allegation from a now-convicted California official that he bribed the official.
Asher's report notes Simms' testimony to a 1992 grand jury in which he testified that he knew the official was seeking a bribe from him and that he paid it.
This about-face is yet another reason to deny the Arizona gaming certification, state officials say.
They also take issue with Simms' assertion that he quickly told federal authorities about a bribery attempt from two California officials. In fact, Simms waited two years, until 1989, to report the attempt to federal officials.
Alston said state gaming officials knew this and questioned the value of repeating it in a new investigation.
"I found nothing new in his report," Alston said of Asher's investigation. "Nothing new since 2000."
The Gaming Department report comes as Simms' racing license is up for renewal before the state Racing Commission next month.
Alston said he didn't think the report would have any bearing on that effort, since there has been no evidence of improper activity since Simms was last renewed, three years ago.
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