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1 THE COMMONWEALTH OF MASSACHUSETTS MASSACHUSETTS GAMING COMMISSION ADJUDICATORY HEARING ************************************************ IN THE MATTER OF: APPLICATION OF WYNN MASSACHUSETTS, LLC FOR SUITABILITY DETERMINATION FOR CATEGORY 1 GAMING LICENSE ************************************************ December 16, 2013, 9:30 a.m. BOSTON CONVENTION AND EXHIBITION CENTER 415 Summer Street, Room 151 Boston, Massachusetts 02210 2 1 APPEARANCES: 2 3 ON BEHALF OF THE MASSACHUSETTS GAMING 4 COMMISSION: 5 MASSACHUSETTS GAMING COMMISSION 6 Investigations and Enforcement Bureau 7 84 State Street 8 Boston, Massachusetts 9 BY: Director Karen Wells 10 11 ANDERSON & KREIGER, LLP 12 One Canal Park, Suite 200 13 Cambridge, Massachusetts 02141 14 BY: David S. Mackey, Esq. 15 Mina Makarious, Esq. 16 (617) 621-6531 17 18 ON BEHALF OF THE APPLICANT WYNN MASSACHUSETTS, LLC: 19 MINTZ LEVIN 20 One Financial Center Atlantic Avenue 21 Boston, MA 02111 22 BY: The Hon. William F. Weld 23 (617) 542-6000 24 3 1 INDEX 2 3 WITNESSES(WYNN): STEPHEN WYNN 4 KIM SINATRA 5 JAMES STERN 6 JAY SCHALL 7 EXHIBITS (Massachusetts Gaming Commission): 8 Exhibit 1………Notice of Adjudicatory Proceeding 9 for Wynn Massachusetts, LLC 10 Exhibit 2………Memorandum Regarding Adjudicatory 11 Proceeding for Wynn Massachusetts, LLC 12 Exhibit 3………12/06/2013 Cover Letter from IEB 13 Director Karen Wells 14 Exhibit 4………Redacted Version of Report of 15 Suitability of Applicant Entities and Individual 16 Qualifiers for Applicant 17 Exhibit 5……………12/14/2012 Boston Business Journal 18 Article by Galen Moore, EVERETT CASINO SITE 19 COULD BE A GAMBLE FOR WYNN 20 Exhibit 6………………Email Correspondence Regarding 21 Ownership of FBT Realty, LLC 22 Exhibit 7…………………August 1 and 12, 2012 23 Correspondence Regarding Ownership of FBT 24 Everett Realty, LLC 4 1 EXHIBITS (Massachusetts Gaming Commission): 2 Exhibit 8………1/21/2013 Wynn Corporate 3 Investigation Report of FBT Everett 4 Exhibit 9…………FBT Filing with Secretary of State 5 for 2010 6 7 EXHIBITS(Wynn Massachusetts, LLC): 8 Exhibit 1………PowerPoint Slide Presentation 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 5 1 P R O C E E D I N G S 2 3 CHAIRMAN CROSBY: Good morning, 4 ladies and gentlemen. I am pleased to call this 5 meeting to order. Today is Monday, December 16, 6 2013. This is Phase 1 suitability hearing 7 before the Massachusetts Gaming Commission 8 relative to the application of Wynn 9 Massachusetts, LLC. 10 My name is Steve Crosby and I am the 11 Chairman of the Commission. I am joined today 12 by Commissioners Cameron, McHugh, Zuniga and 13 Stebbins. The entire Commission will preside 14 over the hearing and decision in this matter. 15 This is an adjudicatory proceeding, 16 which is convened in accordance with 205 CMR 17 115.04 paragraph 3 and will be conducted 18 pursuant to the formal rules outlined in 801 CMR 19 1.01 subject to the clarifications contained in 20 205 CMR 101.03 and Chapter 30A of the General 21 Laws. 22 Before we begin, I'd like to explain 23 the procedural history that led us here as well 24 as the process that will govern this proceeding. 6 1 Wynn Massachusetts, LLC submitted a Phase 1 2 application to the Commission. The Commission 3 then instructed the Investigations and 4 Enforcement Bureau to commence an investigation 5 into the suitability of the applicant to hold a 6 gaming license in Massachusetts. 7 The Bureau has conducted such an 8 investigation into the qualifications and 9 suitability of the applicant and its qualifiers, 10 and generated an investigative report of its 11 findings which it submitted to the Commission. 12 A copy of the report was provided to 13 the applicant by the Commission. Based on the 14 report, the Commission has scheduled this 15 proceeding on its own initiative. 16 I see that a number of lawyers are 17 present here today as usual on behalf of the 18 applicant and the Bureau. I will ask that you 19 each please identify yourself and advise the 20 Commission as to whom you represent. On the 21 applicant side? 22 THE HON. WILLIAM WELD: Mr. 23 Chairman, good morning. My name is William 24 Weld. I am a member of the Boston firm of Mintz 7 1 Levin representing the applicant Wynn Mass., 2 LLC. 3 CHAIRMAN CROSBY: Thank you. 4 MS. SINATRA: My name is Kim 5 Sinatra. I am the General Counsel of Wynn 6 Resorts and I am here representing the 7 applicant. 8 CHAIRMAN CROSBY: Thank you. 9 MR. MACKEY: Good morning, Mr. 10 Chairman, Commissioners. My name is David 11 Mackey and to my left is Mina Makarious from the 12 firm of Anderson and Kreiger. We represent the 13 Investigations and Enforcement Bureau. 14 CHAIRMAN CROSBY: Thank you very 15 much. At the conclusion of my opening comments, 16 this proceeding will commence with a recitation 17 and explanation of the investigative report by 18 the Bureau. We will ask that the Bureau outline 19 the manner in which the investigation was 20 conducted and outline the findings relative to 21 each qualifier. 22 The Bureau's presentation will 23 largely be made by Karen Wells who is the 24 Director of the Bureau. Director Wells is 8 1 joined by the consultant who has assisted in the 2 conduct of this investigation. We will allow 3 the consultants to offer any clarification or 4 answer any questions during Director Wells' 5 presentation. 6 Any Commissioner may ask a question 7 of Director Wells or a consultant at any point 8 during or following her presentation. At the 9 conclusion of the Bureau's presentation, the 10 applicant through its counsel will be afforded 11 an opportunity to cross-examine Director Wells 12 or a consultant relative to any information 13 contained in the investigative report or to 14 which they've testified. The applicant may 15 reserve its right to cross-examination until the 16 end of their own presentation if they so choose. 17 Next the applicant will be given an 18 opportunity to present its case. The burden is 19 on the applicant to demonstrate by clear and 20 convincing evidence both its affirmative 21 qualification for licensure and the absence of 22 any disqualification for licensure. 23 To that end, the applicant has 24 already subjected itself to a thorough 9 1 background investigation, the results of which 2 are set out in the investigative report. Those 3 findings will be considered in determining 4 whether the burden has been satisfied. 5 For purposes of this proceeding, 6 however, the applicant may call any witnesses 7 and present any other evidence it desires in an 8 effort to satisfy its burden. The Commission 9 has directed that at a minimum Kim Sinatra and 10 James Stern be available to present testimony as 11 to the issue set forth in the notice of this 12 hearing that was provided to the applicant. 13 I understand that Counsel for the 14 applicant had an opportunity to meet with 15 Counsel for the Bureau and the Commission to 16 discuss this proceeding. The purpose in part 17 was to clarify some of the issues that the 18 applicant should be prepared to address in its 19 presentation. Those are primarily the issues 20 that are set forth in the written notice of that 21 hearing. Is that conversation correct and did 22 it take place? 23 THE HON. WILLIAM WELD: Yes, Mr. 24 Chairman. The applicant is well content with 10 1 the procedures. 2 CHAIRMAN CROSBY: Thank you. While 3 those areas should be included in the 4 applicant's presentation, it may certainly 5 address any other issues it believes may be 6 relevant to its suitability determination. 7 Similarly, the Commissioners may 8 certainly inquire into any issue that is of 9 interest to us. At the conclusion of each 10 witness's direct testimony, Counsel for the 11 Bureau will be provided an opportunity to 12 conduct cross examination of the witness. 13 Then each Commissioner will be 14 afforded an opportunity to ask questions of the 15 witness,. Any Commissioner may, however, ask 16 any question of any witness at any time during 17 examination or at the conclusion of the 18 examinations. We will allow very limited 19 redirect and recross of a witness of it is 20 absolutely necessary. 21 Each party may raise any objection 22 they desire at any time, however the basis for 23 all objections must be clearly stated. 24 Finally, at the conclusion of all of 11 1 the evidence, the applicant will be provided an 2 opportunity to make a closing statement, summing 3 up why it believes it is suitable to be issued a 4 gaming license and should be allowed to proceed 5 to the Phase 2 portion of the process. 6 Before we begin, I understand that 7 there a number of premarked exhibits that have 8 been exchanged by the parties in advance of this 9 hearing. I will now ask the Bureau's Counsel to 10 introduce the Bureau's exhibits. 11 MR. MACKEY: Yes, Mr. Chairman. We 12 have premarked nine exhibits including two that 13 we have shown to the applicant's Counsel this 14 morning. 15 The first four are the customary 16 documents that we've introduced in connection 17 with all of these proceedings, the notice of the 18 proceeding, the memorandum that explains the 19 process of the proceeding, Director Wells' cover 20 letter and then the redacted copy of the 21 suitability report itself.