Maine Commission Calls for Casino Investigation

The political action committee that formed to put a casino initiative on the ballot in Maine may have stepped into a major legal buzz saw. The Maine Ethics Commission claims that Horseracing Jobs Fairness neglected to list all of its donors in several filings—a lapse that could bring big fines.

The Maine Ethics Commission last week was set to recommend an investigation into the process and companies that backed a referendum for the November ballot that would authorize casino developer Shawn Scott—and only Shawn Scott—to build a casino in York County.

Scott is a developer currently based in the U.S. Virgin Islands. The campaign Horseracing Jobs Fairness has been led by the public face of his sister, Lisa Scott.

Although only Shawn Scott would be authorized to build the casino if voters approve of the initiative during campaign filings that began two years ago, Lisa Scott, who spent $4.2 million on a political action committee, represented herself as the sold funder.

Subsequent documents, filed in April, show that the money actually came from Scott’s Las Vegas company and a company based in Tokyo—in violation of state law that requires that organizations that spend more than $5,000 on an election disclose that fact within a week.

According to Maine Ethics Commission Executive Director Jonathan Wayne, most of the campaign’s filings quality as late, which could mean heavy penalties.

This drew a response from Horseracing Jobs Fairness that it is now in compliance with the law and that it would “vigorously protest” any fines. The campaign claims that the ethics commission didn’t provide enough guidance on the filing requirements.

The commission may demand bank and loan documents and any written communications from the funders regarding the initiative and require Lisa Scott and lobbyist Cheryl Timberlake, the campaign’s treasurer to testify under oath.

Shawn Scott has gotten into financial problems with gaming and other regulators before, such as in 2003 when he successfully financed an effort that won him the right to build Maine’s first casino in Bangor—only to sell it to Penn National Gaming to avoid scrutiny by the Maine when he applied for the license. He reportedly made a $51 million profit on the sale.

Last year Scott unsuccessfully pushed an initiative in Massachusetts for a casino near Boston—an effort that got stung with $125,000 in ethics penalties for hiding contributions.

Wayne opposes letting Scott settle the Maine violations as he did in the Bay State because a settlement would bring out less information to the public.

Currently two Maine lawmakers are considering approving the casino initiative, so that they can immediately repeal it—thus taking it off the November ballot.