Grand jury seeks Mashpee tribe’s casino documents

By Jessica Hill

Posted Oct 15, 2020 

MASHPEE — U.S. Attorney Andrew Lelling’s office sent a third subpoena to the Mashpee Wampanoag Tribe last month, this time demanding records concerning the relationship between the tribe’s Gaming Authority and the project manager on its First Light Resort & Casino.

The Sept. 8 subpoena was signed by Assistant U.S. Attorney Christine Wichers. In lieu of a tribal representative appearing physically in court before the grand jury Sept. 22, the subpoena requested that all records be sent electronically to Wichers, according to a copy obtained by the Cape Cod Times.

The subpoena requested a copy of an agreement from May 2014 and internal and external communications from June 2014 to December 2017 between the Gaming Authority and Robinson Green Beretta Corp. The corporation was the project manager in 2014 for the $1 billion casino project, working with the tribe, the project developer, Genting Group, and a design and construction team. It also worked with the tribe on the design and construction of its Tribal Government Center and is listed as the architect for the tribe’s upcoming early child care center.

Lelling’s office also requested all Gaming Authority contracts with David Greene, who was a tribal representative with RGB Architects.

The subpoena refers to “internal communications” as emails received by or copied to Tribal Council Chairman Cedric Cromwell as well as Louis Catarina Jr., who provided “strategic direction” and “management” and coordinated development of the resort and casino project, according to Catarina’s LinkedIn account. The request also includes nonclassified communications with the Gaming Authority’s then-general counsel Stephen Burr.

The tribe was to send all documents relating to any complaints, concerns or questions raised by any member or representative of the Gaming Authority concerning Robinson Green Beretta’s budget, pricing or invoices. It was also to send documents showing who approved each payment to the corporation.

Cromwell is the president of the tribe’s Gaming Authority, and the subpoena requested documents relating to a part of the tribe’s agreement with RGB that states: “The consultant may rely on the authority of the President of the (Mashpee Wampanoag Tribal Gaming Authority) as to approving any changes in the scope or cost of the Services, including documents showing when and why the sentence was included and who approved its inclusion.”

Cromwell did not respond to a request for comment Thursday, and David DeQuattro, president and managing principal of Robinson Green Beretta Corp., also did not respond to a request for comment.

Federal grand jury investigations consist of about two dozen citizens serving as jury members to examine documents and pieces of evidence to determine if sufficient evidence exists that a crime occurred. They are traditionally secret, and it is difficult for the public to obtain information about the investigations and subpoenas.

The Sept. 8 subpoena is the third the tribe has received. The first one from June requested many of the tribe’s financial records, including copies of checks, expense reports and payments to other organizations. It also sought documents concerning any internal or external investigation or audit looking into any suspected theft, embezzlement or other wrongdoing by a tribe official, employee or contractor.

The Aug. 10 subpoena called for more information relating to the tribe’s elections, as well as copies of all contracts and meeting minutes concerning Robinson Green Beretta Corp.

Tribal attorney Benjamin Wish said the federal government has informed the tribe that it is not the target of the pending grand injury investigation.

“The Tribe intends to cooperate with the US Attorney’s Office concerning the subpoena requests and anticipates that the Tribe will also cooperate with any other proper request for information,” Wish said in an email. “The Tribe remains focused on economic development and supporting its members during the ongoing pandemic.”

It remains unclear what or who the target of the investigation is, but some tribal council members are concerned about Cromwell’s involvement and have been working to remove him as chairman. In a meeting last month, the council voted 5-3 not to remove Cromwell.

Over the weekend, tribal council member Carlton Hendricks sent an automated phone message to tribe members saying there would be an emergency general membership meeting on Oct. 11 at the powwow grounds regarding the three federal grand jury subpoenas that have been issued, COVID-19 funds the tribe received as well as membership concerns, but other tribe members said no such meeting was scheduled.

Hendricks did not respond to a request for comment.