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6 NEVADA ASSEMBLY
STANDING COMMITTEE ON WAYS AND MEANS
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8 In the Matter of the Legislative Study and

Investigation of the Procedures, Methods and LEGISLATIVE SUBPOENA
9 Operations of the Office of the Nevada Attorney FOR THE PRODUCTION OF
General in its Capacity as the Legal Counsel and DOCUMENTARY EVIDENCE
10 Legal Adviser for the Nevada Gaming Control
Board under the Nevada Gaming Control Act in
11 NRS Chapter 463.

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To: NEVADA GAMING CONTROL BOARD AND
13 BARBARA BOLTON
Custodian of Records
14 1919 College Parkway
Carson City, NV 89706
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16 Your Production of Documentary Evidence is Hereby Commanded

17 NEVADA GAMING CONTROL BOARD AND BARBARA BOLTON, CUSTODIAN OF

18 RECORDS, YOU ARE HEREBY COMMANDED BY THIS LEGISLATIVE SUBPOENA, issued

19 under the laws of the State of Nevada by the Chair of the Assembly Standing Committee on Ways and

20 Means (Assembly Committee), to comply with all the following requirements:

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 1 1. PRODUCE ALL THE FOLLOWING DOCUMENTARY EVIDENCE;

2 (a) Any and all audio recordings of private conversations between A.G. Burnett,
Chairman of the Gaming Control Board, and Adam Laxalt, Attorney General of the State of
3 Nevada, which relate, in whole or in part, to the subject matter of whether the Gaming
Control Board should, in any direct or indirect manner, appear, participate, intervene, file
4 briefs, pleadings, affidavits or other documents or otherwise express an opinion or comment
upon any issues in the lawsuit involving Steven C. Jacobs and the Las Vegas Sands
5 Corporation, Eighth Jud. Dist. Ct. Case No. A-10-627691-B, or in any other cases relating
thereto; and
6 (b) Any document created by A.G. Burnett, Chairman of the Gaming Control Board, in
any form, including, without limitation, in any written, audio, visual, digital or electronic
7 form, which verifies the circumstances and events associated with any audio recordings
described in paragraph (a) above.

2. DELIVER ALL SUCH DOCUMENTARY EVIDENCE, as soon as reasonably

possible, but not later than May 5, 2017, at 11:00 a.m., to the legal counsel for the
Assembly Standing Committee on Ways and Means, at the following location:

BRENDA J. ERDOES, Legislative Counsel

11 Legislative Counsel Bureau, Legal Division
Legislative Building Room 1168
12 401 S. Carson St.
Carson City, NV 89701.
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14 Nature of the Legislative Proceedings

15 The Assembly Committee is conducting a study and investigation of the procedures, methods and

16 operations of the Office of the Attorney General in its capacity as the legal counsel and legal adviser for

17 the Gaming Control Board under the Nevada Gaming Control Act in NRS Chapter 463. See

18 NRS 463.0199 ("The Attorney General and his or her deputies are the legal advisers for the Commission

19 and the Board and shall represent the Commission and the Board in any proceeding to which either is a

20 party."); NRS 228.110 ("The Attorney General and the duly appointed deputies of the Attorney General

21 shall be the legal advisers on all state matters arising in the Executive Department of the State

22 Government."). As part of its study and investigation, the Assembly Committee may be holding

23 hearings and considering possible future legislative action, including, without limitation, the feasibility,

24 advisability and practicality of authorizing the Gaming Control Board to employ its own independent

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 1 counsel instead of the Office of the Attorney General. See NRS 218E.O15 ("The Assembly, the Senate

2 and committees may conduct investigations and hold hearings regarding any matter which is pertinent to

3 their legislative business or possible future legislative action.").

4 Reasons Why Your Production of the Documentary Evidence is Pertinent

5 It has been widely reported that the Chairman of the Gaming Control Board, A.G. Burnett, in his

6 official capacity as a public officer of the State of Nevada, made audio recordings of a conversation

7 between himself and the Attorney General of the State of Nevada, Adam Laxalt, that occurred during the

8 transaction of official state business. It also has been widely reported that the conversation concerned

9 the potential participation of the Gaming Control Board in a private civil lawsuit that was brought

10 against private persons and companies which hold state gaming licenses and are regulated by the

11 Gaming Control Board. Finally, it has been widely reported that the Chairman of the Gaming Control

12 Board provided a copy of the audio recordings to the Federal Bureau of Investigation (FBI) to determine

13 whether a federal crime had been committed by the Attorney General.

14 In enacting the Nevada Gaming Control Act, the Legislature has declared that it is the public

15 policy of this state to "ensure that gaming is conducted honestly, competitively and free of criminal and

16 corruptive elements." NRS 463.0129. The Legislature has also declared in the Nevada Gaming Control

17 Act that: (1) the gaming industry is vitally important to the economy of this State and the general

18 welfare of its inhabitants; (2) the continued growth and success of the gaming industry is dependent

19 upon public confidence and trust that licensed gaming is conducted honestly and competitively and that

20 licensed gaming is free from criminal and corruptive elements; and (3) public confidence and trust can

21 only be maintained by strict regulation of all persons, locations, practices, associations and activities

22 related to the operation of licensed gaming. NRS 463.0129.

23 Because the gaming industry is so vitally important to the economy of this State and produces

24 such significant revenues for this State and its local governments, the fiscal well-being of Nevada is

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 1 placed in jeopardy when there is even the slightest appearance, hint or suggestion of improper influence,

2 favoritism or impropriety among the public officers charged with ensuring that "gaming is conducted

3 honestly, competitively and free of criminal and corruptive elements." NRS 463.0129. Therefore, to

4 preserve and protect the honesty and integrity of gaming and to promote and secure the fiscal well-being

5 of Nevada, the Assembly Committee is conducting a study and investigation of the procedures, methods

6 and operations of the Office of the Attorney General in its capacity as the legal counsel and legal adviser

7 for the Gaming Control Board to determine whether statutory changes are necessary in order to guard

8 against even the slightest appearance, hint or suggestion of improper influence, favoritism or

9 impropriety among the public officers charged with ensuring that "gaming is conducted honestly,

10 competitively and free of criminal and corruptive elements." NRS 463.0129. As part of its study and

11 investigation, the Assembly Committee may be holding hearings and considering possible future

12 legislative action, including, without limitation, the feasibility, advisability and practicality of

13 authorizing the Gaming Control Board to employ its own independent counsel instead of the Office of

14 the Attorney General.

15 Your production of the requested documentary evidence is pertinent to the Assembly Committee's

16 study and investigation because such documentary evidence will shed critical light on the procedures,

17 methods and operations of the Office of the Attorney General when it provides legal representation for

18 the Gaming Control Board and it will thereby illuminate any potential problems or conflicts arising from

19 such legal representation that may be addressed by possible future legislative action. Additionally,

20 because such documentary evidence may expose potential misconduct in state public office, it is

21 pertinent to legislative business or possible future legislative action because the Assembly and the

22 Senate are invested with plenary and exclusive constitutional powers regarding impeachment and

23 removal from state public office under Article 7 of the Nevada Constitution.

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 Reasons Why Your Production of the Documentary Evidence is Required by Law

The laws of the State of Nevada empower the Assembly Committee to conduct studies and

investigations and hold hearings regarding any matter which is pertinent to its legislative business or

possible future legislative action and authorize the Chair of the Assembly Committee to issue legislative

subpoenas to compel the attendance and testimony of witnesses and the production of documentary

evidence that is pertinent to its legislative business or possible future legislative action. NRS 218E.005-

218E.095. When a legislative subpoena is properly issued to and served on a witness:

(a) The legislative subpoena has the same legal force and effect as a subpoena or order
issued by the district court; and
(b) The witness shall comply with the provisions of the legislative subpoena in the same

11 NRS 218E.035. In addition, if a witness fails to comply with the provisions of the legislative subpoena,

12 the "witness commits contempt, [and] the district court of any county shall, on application of the

13 President of the Senate, the Speaker of the Assembly or the chair of the committee, compel the witness's

14 obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpoena

15 issued from such court or a refusal to testify therein." NRS 218E.045. Therefore, under the provisions

16 of this legislative subpoena, your production of the requested documentary evidence is required by law.

17 Furthermore, under the Nevada Gaming Control Act, the Gaming Control Board has a legal duty

18 to disclose information and data "upon the lawful order of a court of competent jurisdiction."

19 NRS 463.120. Under state law, this legislative subpoena has the same legal force and effect as a

20 subpoena or order issued by the district court, and this legislative subpoena must be complied with in the

21 same manner as a subpoena or order issued by the district court. NRS 218E.035; NRS 218E.045.

22 Consequently, because this legislative subpoena stands on the same and equal legal footing as "the

23 lawful order of a court of competent jurisdiction," your production of the requested documentary

24 evidence is required by law.

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 1 In addition, the Gaming Control Board has a legal duty to disclose information and data to "an

2 authorized agent of any agency" of the State of Nevada. NRS 463.120. Because the members of the

3 Assembly Committee are authorized by state law to "conduct investigations and hold hearings regarding

4 any matter which is pertinent to their legislative business or possible future legislative action," they are

5 authorized agents of the Legislature of the State of Nevada. Consequently, your production of the

6 requested documentary evidence is required by law.

7 Penalties Regarding Failure to Comply with this Legislative Subpoena

8 Under the laws of the State of Nevada, a legislative subpoena has the same legal force and effect

9 as a subpoena or order issued by the district court, and a person shall comply with the provisions of a

10 legislative subpoena in the same manner as a subpoena or order issued by the district court.

11 NRS218E.035; NRS 218E.045. If a person fails to comply with the provisions of a legislative

12 subpoena, without a reason recognized by law, the person is guilty of a gross misdemeanor and also

13 commits contempt of court, and the person shall be punished as provided by law, which may include any

14 or all of the following remedies or penalties: imprisonment; fines; liability for reasonable expenses,

15 including, without limitation, attorney's fees, incurred as a result of the contempt; and any other

16 remedies or penalties provided by law. NRS 218E.005-218E.095; NRS Chapter 22 (Contempts).

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 1 Ouestions and Additional Information Regarding this Legislative Subpoena

2 If you have any questions regarding this legislative subpoena, you may want to consult with an

3 attorney to represent you in this matter. If you need additional information regarding this legislative

4 subpoena, you may contact legal counsel for the Assembly Committee:

5 Brenda J. Erdoes, Legislative Counsel

Kevin C. Powers, Chief Litigation Counsel
6 Legislative Counsel Bureau, Legal Division
Legislative Building Room 1168
7 401 S. Carson St.
Carson City, NV 89701
8 Tel: (775) 684-6830; Fax: (775) 684-6761
E-mail: erdoes@lcb.state.nv.us; kpowers@lcb.state.nv.us
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10 ISSUED UNDER THE LAWS OF THE STATE OF NEVADA BY THE CHAIR OF

THE ASSEMBLY STANDING COMMITTEE ON WAYS AND MEANS

DATED: This ^f-X day of / ( a^y; , 2017.

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13 By:
ASSEMBLYWOMAN MAGGIE CARLTON
14 Chair of the Assembly Standing Committee on Ways and Means

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