The two remaining casino applicants face a trial by fire next month when they go through suitability hearings before the Massachusetts Gaming Commission, a vetting process that already has eliminated two contenders in what is fast becoming — to casino operators, at least — the toughest state in the nation to take a gamble.
With the demise of Foxwoods in Tuesday's referendum, Wynn Resorts' Everett proposal is the sole applicant for the casino license in the eastern region and MGM's Springfield plan is all alone in the west.
"These states are asking us to come and spend billions of dollars," Steve Wynn, head of Wynn Resorts, complained in Las Vegas last month after Suffolk Downs' partner, Caesars Entertainment, withdrew because the commission raised concerns about debt and purported mob links. "Now what if we were any other business? They would stand on their head and spit wooden nickels to get billions of dollars invested. But we find ourselves being treated, in many respects, as if they are doing us a favor."
There's only one problem with the last part of that argument, according to Whittier Law School professor I. Nelson Rose, a leading gambling expert.
"Wynn is absolutely correct; they are doing you a favor," Rose said. "Massachusetts is not doing things the way other states are. They're tougher. Getting a license is a gift. It's a privilege."
New Jersey regulators raised red flags about MGM's Macau casino's relationship with Hong Kong businesswoman Pansy Ho over her father's alleged ties to Chinese organized crime, and that may be a sticking point in the vetting process, said Rose, although MGM has said it's confident it won't be an issue.
"They've all had problems," said the Rev. Richard McGowan, a Boston College professor and expert on gaming. "The commission's going to want to know where they're getting their financing, how sure it is, what kind of partners they're going to have, whether they've been involved in any illegal activities."
If MGM and Wynn can't answer all of those questions to the commission's satisfaction, it's possible Massachusetts may end up with no casino at all, McGowan and Rose said.
The third proposal that got an affirmative community vote, Suffolk Downs, is set to meet with the Gaming Commission today, and may still be in the running if it can find a new casino partner who meets regulators' approval to build on its property in Revere.
Both Gov. Deval Patrick and House Speaker Robert A. DeLeo yesterday said the casino law is working.
"I don't think you'd want to have a casino for the sake of having a casino," said DeLeo. "I think at the end of the day, if folks are going through the process, if they pass the process, if they pass the local approval, then I think we have a real player that we would like to have there."
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