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13 N.J.A.R. 533

Great Bay Hotel and Casino, Inc.; Division of Gaming v
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Citation: 13 N.J.A.R. 533
Decision Date: 1986
Agency: CASINO CONTROL COMMISSION
Synopsis: The Division of Gaming Enforcement filed a complaint with the Casino Control Commission after Greate Bay Hotel and Casino, Inc. refused to provide to the Division copies of IRS Form 8362 (Currency Transaction Reports, or CTRs). The Division requested a ruling that the refusal to provide CTRs constituted a violation of the Casino Control Act and asked the Commission to issue an order compelling Greate Bay to provide the reports. Respondent claimed that the request for CTRs was not within the statutory authority of the Division. The Division claimed its investigative aathority under the Act entitled it to review all records, documents and other writings prepared by, generated in or maintained by a casino. The Commission concluded that the Division does have authority, under sections 76 and 77 of the Act, to review all books and records of a casino licensee. In addition, so long as the Division's request for information bears a reasonable relationship to its investigatory responsibilities, a casino licensee has a duty to provide the information requested. Respondent also argued that the Division's request for CTRs was in conflict with the federal Bank Secrecy Act, which limits access to such documents. After noting that it is within the jurisdiction of the Casino Control Commissiot to construe federal statutes when a statute is an issue in a matter before it, the Commission concluded that the Bank Secrecy Act did not preclude the Division from access to casino CTRs. Accordingly, after rejecting several other defenses, the Commission ordered Greate Bay to provide the CTRs. The Commission also imposed a fine of $35,000 on Greate Bay for unjustified resistance to the requests of the Division for information which was directly relevant to the operation of the casino. Roberto Rivera-Soto, Esq., for respondent. Kevin F. O'Toole, Deputy Attorney General, for the Division of Gaming Enforcement.
Rule(s) Cited: 19:41-7.1 et seq. 19:45-1.8(a) 
Statute(s) Cited: 5:12-19a(4) 5:12-76b(8) 5:12-78 5:12-80(d) 5:12-96e