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Rather Than Fighting to Lose, MGC Settles

By Josh Resnek

The Massachusetts Gaming Commission decided to settle the lawsuit Steve Wynn has against them in the District Court of Nevada last week.

The new chair of the Gaming Commission, Attorney Cathy Judd-Stein, apparently led the private proceedings with her colleagues and fellow commissioners behind closed doors to a new conclusion – that

Wynn could not be beaten and so, a settlement must take place. The decision followed five hours of debate by the commission which is seeking to release its investigative report on Steve Wynn and Wynn Resorts in order to meet as to the company’s suitability to hold a license.

What the decision does is allow the report to be released but in a redacted fashion.

Wynn has contested the report and its findings claiming they are based on illegally used client–lawyer privileged materials.

As a result of the decision to settle, the Nevada court presently disallowing the Massachusetts report to be issued, will spend the next month or so allowing lawyers from both sides to pour over the questioned materials in order for the report to ultimately be released.

Terms of the settlement were not revealed. No member of the MGC including its chair had any public statement to make about the settlement.

The Boston Globe in a harsh editorial published last week title it: “Wynn 1, Mass Casino Regulators 0.

The Gaming Commission made no comments on the decision, which is perceived by observers to be a victory for the Wynn team.

“The deal will mean that parts of the commission staff’s probe into Wynn Resorts will remain secret — even to commissioners — and will turn the board’s eventual ruling on Wynn Resort’s fitness into a farce,” the editorial stated.”With the settlement, it’s clear that Wynn’s legal ploy to keep the full story out of the public domain worked.”

Lawyers familiar with the settlement claim if the MGC did not decide to settle, the case could have dragged on for months with no result and even stop the casino from opening on time.

Without reaching a final decision on Wynn/Encore’s suitability, the license that was granted to Steve Wynn may not be allowed for Encore.

Massachusetts laws does not provide for an unlicensed casino/hotel to open on time without a gaming license.

At Monday evening’s City Council meeting, not a word was discussed about the settlement.

The mayor has made no public comment on the MGC settlement and its possible effect on the city.

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