Sympathy is Hard to Find - Gosselin Job is Safe

 

By Sean P. Murphy
 
Globe Staff / August 29, 2008
 

Soaring gas prices, job losses, and other components of New England's struggling economy have taken a bite out of slot machine revenues, resulting in the first significant, sustained dip in the region's gambling market since Connecticut opened its tribal casinos in the 1990s.

Slot machine players wagered 6.5 percent less at the two Connecticut casinos and two Rhode Island slot parlors in July, compared with July 2007, a decrease of $137 million.

The downturn, reflective of a national slide in gambling revenues, has taken hold even as New England gambling operators have increased the supply of slot machines. About 1,300 new machines were placed on line in Connecticut and Rhode Island in the last year. And today, Mohegan Sun in Connecticut is hosting the grand opening of a $925 million expansion, adding 650 machines.

Mitchell Etess, Mohegan Sun president and chief executive, said yesterday that the economic downturn "clearly is having a negative impact" on Mohegan Sun and Foxwoods, Connecticut's other casino. "But this is a very solid market and will turn around," he said.

For years, Foxwoods and Mohegan Sun and the Twin River and Newport Grand slot parlors in Rhode Island added more slot machines to keep up with increasing demand. But now the demand appears to be more than satisfied, at least temporarily.

What will happen in the future is difficult to predict, gambling analysts said. The divergent trends - more slot machines, less demand from gamblers - could complicate the debate over whether to legalize casinos in Massachusetts. Governor Deval Patrick proposed a plan to license three casinos in Massachusetts last year; it was defeated by the Legislature, but advocates and opponents expect that the issue to emerge again in 2009.

"It's got to give people pause, and surely it will give opponents to casinos in Massachusetts new arguments" about market saturation, said Arthur Wright, a University of Connecticut economist who has tracked the industry for years.

The economic downturn alone means that bids for Massachusetts gambling licenses, pegged by Patrick last year at a minimum $200 million each, would be substantially less, because of increased borrowing costs, Wright said. And it may well preclude some would-be bidders from getting into the game because they cannot line up financing, he said.

Kofi Jones, a spokeswoman for the Patrick administration, said it was premature to discuss future casino initiatives.

The one location that could be immune to market saturation in New England is in metropolitan Boston, however. With its high per-capita earnings, dense population, and huge tourist market, the Hub remains an attractive location for a new megacasino, he said.

Laura Everett - a spokeswoman for Casino Free Mass, a coalition of groups opposed to an expansion of legalized gambling - said a casino in or near Boston may succeed for the investors, but would do so at the expense of other businesses in the vicinity.

"Casinos suck up all the available discretionary spending in a area, and that means owners of restaurants and other small business need to be very concerned," she said.

Locating a casino in a urban area also ratchets up the social costs, especially for less affluent patrons who can least afford gambling losses, Everett said.

Wright's analysis of whether a saturation point is being reached indicates that locating casinos in areas of Massachusetts outside metropolitan Boston, including the proposed Mashpee Wampanoag casino in Middleborough, would involve more economic risk for developers.

But Scott Ferson, a spokesman for the tribe and the investors in the $1 billion Middleborough proposal, said the downturn raises no great concerns. Even though Middleborough is 40 miles from Boston, he said, "people in New England like casinos, and they have shown they're willing to drive to them by going to Connecticut all these years."

Nationally, the gambling picture is a little better than in New England, said the American Gaming Association, an industry lobby that tracks commercial casinos. Holly Thomsen, a spokeswoman for the organization, said gambling revenue in casinos was down 2 percent in the second quarter of 2008, compared to the previous year, in the 12 states where they are legal, excluding Indian-operated casinos.

Measuring by the full quarter, instead of just July, slot revenues at Foxwoods and Mohegan Sun declined by more than 4 percent.

Michael Pollock - managing director of the Spectrum Gaming Group, which recently completed a gambling study for the state - said the national downturn in the gambling industry is unprecedented. In the past, the industry managed to ride out business cycles, leading some to consider casinos to be recession-proof.

But the current slide is different, Pollock said. Today's turbulence is closely tied to a bust in the housing market. High housing prices fueled the kind of confidence and even exuberance that fills casino floors and sometimes financed casino spending through home equity loans, he said.

Moreover, the industry was a lot smaller in the last recessions and less dependent on casual or new gamblers. "This industry is in uncharted waters right now," Pollock said.

The downturn has been particular unforgiving at Twin River, where investors say they are on the verge of bankruptcy and are trying to negotiate a deal with the state to reduce the amount they pay to the state in taxes.

The investors, including some who put money into developing Mohegan Sun in the 1990s, took on $577 million in loans to buy the old Lincoln Park racetrack and refurbish it. They doubled the amount of "video lottery terminals," which operate similarly to slot machines, to 4,741, and have added 24-hour operations on weekends. While those moves have increased revenues, they have not been enough to cover the higher debt costs.

The owners - including Len Wolman and Sol Kerzner, the developers of the proposed Mashpee Wampanoag casino in Middleborough - have received a credit downgrade and are negotiating with lenders.

****** Jon Gosselin from Jon & Kate Plus 8 has no association with this website or this law firm, but we welcome all Massachusetts and New Hampshire visitors to enjoy our legal information.

Elder Law - Mohegan Sun's HALF a Penny for Your Thoughts

A reverse mortgage to feed a slot machine? Can a car alarm reduce depression in elders? What can you buy for half a penny? I have just returned from an estate planning conference in Las Vegas.
This was a conference like many others where we were trapped in a windowless conference room for hours on end as speakers droned on about the latest innovations in avoiding estate taxation and applying new techniques to serve estate planning clients. Yawn. Boring. A far better lesson in estate planning and elder law was available just outside the conference room doors. Those of you that have been to Sin City know exactly what I am talking about; those that don't are better off. Las Vegas, and gambling halls generally, have become the churches of Godless and desperate people. The vast majority of those in casinos are not there to blow off a little steam or throw caution aside for a few hours of distraction. No, the people who are drawn to this Mecca of Neon and Nicotine come out of their own desperation. They come to be winners. The losers in modern American life - the sick, the unattractive, the decrepit, the old, the mentally ill - the losers come to have a chance, just for a little while, to be winners. They come for hope. Hope that the machine will tell them that they are jackpot winners by making noises and illuminating bright lights.

Casinos are ordinarily divided into two main sections, one for table games (blackjack, baccarat, roulette, and craps) and one for slot machines (the infamous "one arm bandits"). Walking around the casinos it quickly became apparent that those playing at the tables were mostly younger and middle aged men, mostly in small groups, making some serious calculations of their potential success. These were men who knew the odds and were consciously putting their money on the line strictly for a speculative financial return. Many of these men lead ordinary lives as lawyers, accountants, managers - people who take little risk in their "day" jobs, but vent their conservative natures from time to time by seeking Lady Luck. These are the same folks who drive Toyota Camry's during the week and Harley Davidson's on the weekend. Put in perspective, these gamblers understand the risks they are taking at the tables and are prepared to lose their grubstake as dues for the release that being a "player" brings to them. Seldom do these gamblers gamble their rent or food money.

Since there were two people who could communicate with each other, there was this type of gambling - "Hey Org, I'll bet you a rock that you get eaten by that saber tooth tiger first!" As an elder law lawyer, I am far more concerned with the other side of the casino. Like a vast sea of buzzing alarm clocks, beeping microwave ovens and unstoppable car alarms - the cacophony of the slot machine areas in casinos sounds like a virtuoso performance to those seeking to be winners. BAR - BAR - BAR. 7 - 7 - 7. With carpal - tunnel - inducing - repetition, the Nicotine induced masses monotonously search for the machines' positive feedback. Most of the people at the slot machines appear to be obsessed by the prospect that they could be winners - some of the machines even say "You're a Winner", never telling you that you are a loser.  Whether by illness, financial distress or merely addictive natures, many people are drawn to spending what remains of their lives and savings fixated on the hope of positive reinforcement from a machine. The real walk-out-the-door payouts are meager. Few walk out of the casino with a surplus - they let it ride, and when they do, they lose. Like the lonely elders who spend all their money on meaningless junk just so they can chat with their favorite Home Shopping Network or QVC operator, casinos provide a sense of community.

This reason is not a good one to keep building casinos. It would seem that the vast majority of the masses in the Las Vegas casinos are there to pass time in an atmosphere where there is a chance of rising from the crowd, where your car alarm goes off, your lights blink and everyone knows that you're a winner. I am concerned that far too many elders are in casinos with funds that they need for their own protection. In fact, I recently became aware of a reverse mortgage company that is promoting their services along side a major casino. Reverse mortgages have an important place in elder law planning. They are a financial tool to protect an elder's standard of living, dignity and sense of place in remaining in their own home. Reverse mortgages are not a remedy of last resort. Advertising reverse mortgages in a context of gambling is mercenary and solicitous of the very people who need sound financial planning and advice from a competent elder law lawyer. A casino in Connecticut that advertises heavily in the Boston market, Mohegan Sun, offers this new innovation: ************[from MoheganSun.com]**********"It's the latest trend in slot machines and only Mohegan Sun has it. The Northeast's premier entertainment destination installs 20 half-cent slot machines in its Casino of the Earth and Casino of the Sky. This makes Mohegan Sun the only destination in the United States to offer this new technology. This latest offering allows customers to wager half a cent instead of the traditional quarter, dollar or even penny it's just another way Mohegan Sun is revolutionizing the gaming industry.********** You read it right. HALF-cent machines.

 Boy, they sure are revolutionizing the gaming industry. And legislators say that casinos are not preying on the elderly? The poor? The uneducated? Apparently the government is so blinded by the voluntary tax dollars that pour into state coffers that they don't see the societal and financial evil brought on by the wholesale distribution of false hope and deus ex machina for sad lives. This government is the same one that cannot provide long term care without impoverishing its people, cannot offer even a remotely intelligible drug benefit for Medicare recipients and is afraid to impose meaningful taxes on the very rich. I imagine there are many casino owners in that category - they are easy to recognize, they are laughing and like a heroin dealer that never shoots up, you won't see them pulling the handle of that revolutionary ha'penny machine. We don't need more casinos. We don't need any casinos. I think we need some new ideas. As many know, I love inventions. My latest invention? The Jackpot Emulator (tm). I see this as a Medicare reimbursable device not unlike a prosthetic or a wheelchair. Like a slot machine in every way, but the JE does not require the payment of any money, nor does it pay out any money, but rather brightly colored slips of paper that exclaim - YOU'RE A WINNER!! For the cost of the machine and a little electricity we could set up Jackpot Emulator (tm) rooms in nursing homes and senior centers where elders could push buttons and hear whirring happy sounds to their hearts' content and then go home with the satisfaction of being a "winner" with no possible way of putting their personal financial security at risk. Now that is revolutionary.