Chumash Face New Scrutiny Over Casino

State and federal authorities will investigate fresh concerns about casino regulation by the Chumash Indians after learning that the chairman of the tribe’s gaming commission is a convicted felon.

Gilbert Cash pleaded no contest in November to a felony charge of beating and choking his estranged wife. He was sentenced to 60 days in county jail and five years’ probation.

Cash, who has filed for personal bankruptcy four times, is responsible for overseeing more than $1 billion a year in wagering at the Chumash Casino in Santa Barbara County.

State and federal law -- and the tribe’s own gaming ordinance -- prohibit felons from serving on the gaming commission.

Investigators from the California attorney general’s office and the National Indian Gaming Commission conducted separate reviews of the casino last year, after The Times disclosed that at least seven current and former tribal regulators had backgrounds that included criminal convictions, financial difficulties and other problems.

Both agencies concluded in December that all five current Chumash gaming commissioners were fit to serve. They praised the tribe for cooperating with the inquiries.

“We feel the matter has been fully examined and there is no impropriety or requirement for any enforcement or administrative action,” Philip Hogen, chairman of the National Indian Gaming Commission, said last week. “The tribe is playing by the rules here. That is what we wanted to be assured of.”

The attorney general’s Division of Gambling Control notified the tribe Dec. 10 -- in a letter addressed to Cash -- that the casino was in compliance with state laws.

Neither federal nor state officials knew, however, that Cash had been convicted of the spousal abuse charge Nov. 18. Authorities said they did not learn of the conviction until a Times reporter asked about it last week.

Now, both agencies intend to look into Cash’s background again.

“What you’ve told me is something I was not aware of,” Hogen said. “I have a concern.”

Nathan Barankin, a spokesman for the attorney general’s office, said: “We’re looking into this immediately. If he was convicted of a felony, he will be ineligible to hold his position.”

The palatial Chumash Casino in Santa Ynez has 2,000 slot machines and takes in about $200 million in annual revenue, making it one of the most profitable gambling enterprises in the state. The casino is overseen by five gaming commissioners elected by the tribe.

Cash, 38, has served on the commission since 1999 and has been chairman for three years.

He did not respond to phone messages seeking comment.

Like other members of the tribe -- formally the Santa Ynez Band of Mission Indians -- Cash receives a share of casino profits, nearly $30,000 a month. Over the last four years, he has collected more than $1 million. He also earns $62,400 a year as a Santa Barbara firefighter.

Yet Cash has filed for bankruptcy protection four times in the last decade, most recently in June. Bankruptcy Court records filed then show that Cash and his wife, Juanita, had $128,502 in unpaid obligations, including $60,000 in income taxes.

Cash was arrested in April for allegedly choking his wife with a nylon luggage strap and striking her in the face three times. In an interview in July, Cash maintained his innocence but said he would resign from the commission if convicted of a felony.

Before Cash was convicted, Chumash leaders said his financial and legal problems did not disqualify him from serving as the casino’s top regulator.

“Whatever Gilbert is dealing with now is personal and has absolutely no bearing on how he handles his job as our commission chairman,” four officers of the tribe wrote in a letter to Chumash members Oct. 19.

Tribal chairman Vincent Armenta and the tribe’s gaming attorney, Glenn Feldman, declined to comment on why Cash is still head of the commission.

Though federal and state laws bar felons from serving as casino regulators, it is left to the tribes to conduct background checks. Under tribal-state compacts negotiated by then-Gov. Gray Davis in 2000, the state cannot compel tribes to disclose the results of those checks.

Nevertheless, the state adopted a more aggressive approach in November. Gambling control agents began to verify that tribes were conducting thorough background investigations and issuing formal findings on the “suitability” of gaming commissioners.

The Chumash was one of the first tribes subjected to the more rigorous approach.

“We concluded that the tribe was in compliance with the background check obligations ... and that, at least as of that time, all five current members of the Chumash tribal gaming agency met the standards,” Barankin said.

Barankin and Hogen both said that neither Cash nor the tribe notified authorities of his subsequent conviction.

To read previous Times coverage on the Chumash tribe, go to latimes.com/chumash.