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In court Friday, DOJ attorney Amber Dutton-Bynum argued that Scotts Valley could not meet the high threshold for irreparable harm required to secure an injunction. She maintained that the tribe knowingly chose to invest in the Preview Casino while its gaming status remained uncertain, as reported by Law360. Dutton-Bynum added that the modular buildings could easily be repurposed for non-gaming commercial uses if the prohibition stands.

Patrick Bergin, an attorney for Scotts Valley, rejected that argument, noting the difficulty of converting a site explicitly planned and built for gaming into something like an auto dealership.

Bergin also emphasized that the tribe had formally notified Interior twice about its launch timeline for the Preview Casino, providing regular progress updates without ever receiving a directive from federal officials to halt the project.

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“The Ministry of Finance reaffirms its determination to drive the reform of the gambling and games of chance sector in accordance with government directives, while upholding legal certainty for operators, transparency in activities and the protection of the Public Treasury’s interests,” said the press release, signed by Alain Malata Kafunda, the chief of staff to the DRC minister of finance.

The press release also warned operators against complying with any payment requests from departments that aren’t legally authorised to do so.

It called for any such acts to be reported immediately to the Ministry of Finance and the Directorate General of Administrative, Judicial, State Property and Equity Revenues (DGRAD).

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