Agreement with Biloxi Casino Corp. Regarding Civil Money Penalty for Bank Secrecy Act Violations

UNITED STATES OF AMERICA
DEPARTMENT OF THE TREASURY
FINANCIAL CRIMES ENFORCEMENT NETWORK
IN THE MATTER OF MATTER No. CAS-99-002
BILOXI CASINO CORP.
AGREEMENT
I.
This AGREEMENT is by and between the United States Department of the Treasury, Financial Crimes Enforcement Network (“FinCEN”) and Biloxi Casino Corp., d/b/a Casino Magic - Biloxi (“CMB”), pursuant to 31 U.S.C. § 5321(a)(1) of the Bank Secrecy Act and 31 C.F.R. § 103.47(f), thereunder. II. Between January 1 through December 31, 1994, CMB failed to file at least 23 Currency Transaction Report by Casinos (“CTRC”) forms for currency transactions in an amount greater than $10,000 within the time required by 31 C.F.R. § 103.22, promulgated under § 5313 of the Bank Secrecy Act. III. FinCEN has determined that in failing to file the CTRCs described in paragraph II, above, CMB willfully violated the currency reporting provisions of the Bank Secrecy Act and that a civil money penalty is due pursuant to 31 U.S.C. § 5321 and 31 C.F.R. § 103.47(f) for each of CMB’s violations of the Act. IV. In order to resolve this controversy between the parties, and without admitting or denying FinCEN’s determinations that CMB willfully violated the Bank Secrecy Act, CMB consents to the assessment of a civil money penalty in the sum of $145,000.

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V.
CMB agrees to pay the amount of $145,000 within five (5) business days of the date of final and complete execution of this AGREEMENT in order to comply with the civil money penalty assessment by FinCEN. Such payment shall be:
a. made by certified check, bank cashier’s check or bank money order; b. made payable to the United States Department of Treasury;
c. hand-delivered or sent by overnight mail to Nicholas A. Procaccini,
Assistant Director, Office of Management and Chief Financial Officer, FinCEN, P.O. Box 39, Vienna, Virginia 22183; and d. submitted under a cover letter, which references the caption and file number in this matter. VI. CMB recognizes and states that it enters into this AGREEMENT freely and voluntarily, and that no offers, promises, or inducements of any nature whatsoever have been made by FinCEN or any employee, agent, or representative of FinCEN to induce CMB to enter into this AGREEMENT, except for those specified in this Agreement. VII. CMB understands and agrees that this AGREEMENT embodies the entire agreement between CMB and FinCEN relating to the assessment of civil money penalties under the Bank Secrecy Act. CMB further understands and agrees that there are no express or implied promises, representations, or agreements between CMB and FinCEN other than those expressly set forth or referred to in this document and that nothing in this document is binding on any other agency of government, whether federal, state, or local. VIII. CMB waives any claim of double jeopardy or estoppel based upon this AGREEMENT, including the payment of any civil money penalty.

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Biloxi Casino Corp., d/b/a Casino Magic - Biloxi BY: //signed// Robert A. Callaway TITLE: Vice President & General Counsel DATED: July 29, 1999 On this 29th day of July, 1999, Robert A. Callaway, a duly authorized officer of Biloxi Casino Corp., d/b/a Casino Magic – Biloxi, being known to me and who executed the foregoing AGREEMENT personally appeared before me and did duly acknowledge to me that he executed the same. Witness by hand and official seal. //notarized// Notary Public State of Mississippi At Large Notary Public FINANCIAL CRIMES ENFORCEMENT NETWORK BY: //signed// James F. Sloan TITLE: Director DATED: August 3, 1999