THE U.S. Supreme Court on Monday denied Imperial Pacific International’s petition for a writ of certiorari to appeal the Ninth Circuit’s ruling that allowed the Commonwealth Casino Commission to proceed with the revocation hearing of IPI’s casino license.
“Finally, this issue will come to rest,” said Casino Commissioner Mariano Taitano as he expressed his satisfaction with the high court’s decision. He said the commission can now decide whether or not to revoke IPI’s license.
For his part, Commissioner Ramon Dela Cruz said he’s happy with the high court’s decision. “It was unfortunate that IPI had to take this route in an attempt to avoid paying its obligation to the CNMI government,” he added.
Dela Cruz said IPI has been given “enough due process” by the CNMI government in the enforcement actions filed by the commission for IPI’s failure to pay its annual casino license, regulatory fees and other obligations.
He added that IPI was also given ample time to address its obligations.
In a statement on Tuesday, the CNMI Office of the Attorney General noted that IPI sought the U.S. Supreme Court’s review of the Ninth Circuit order ruling that the Commonwealth Casino Commission was not required to enter into non-binding arbitration regarding license revocation proceedings and could continue with its revocation of IPI’s casino license.
“By declining to hear the case, the U.S. Supreme Court left in place the Ninth Circuit ruling. This victory is important for the people of the Commonwealth in enforcing IPI’s failure to meet its contractual and statutory obligations to the people of the CNMI,” Attorney General Edward E. Manibusan said.
IPI, through counsel of record Xiaosheng Huang of Law Huang International Ltd., filed the petition for writ of certiorari on Nov. 6, 2023. The due date for a brief in opposition was set for Dec. 18, 2023. The casino commission’s counsel of record, Chief Solicitor J. Robert Glass Jr. of the CNMI OAG, served as the respondent.
On Jan. 31, 2024, the casino commission will hold a revocation hearing on enforcement actions 2020-002 and 2020-003 pertaining to IPI’s non-payment of the annual exclusive casino license and regulatory fees.
Aside from the $62 million in annual exclusive casino license fee for 2020, 2021, 2022 and 2023 due to the central government, the commission is also demanding the payment of $17.62 million in regulatory fee due to the commission, plus fines and penalties, for a total of $79.62 million.
