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Justices take riverboat revenue case

January 1, 2008
The state's highest court has agreed to hear a case involving $16 million of East Chicago riverboat casino revenues and whether a private business can shield its financial records from the public.

The Indiana Supreme Court granted transfer Aug. 14 in Steve Carter v. East Chicago Second Century, et al., No. 49A02-0708-CV-722. The case concerns the attorney general's request last year for a public accounting of money disbursed to Second Century from the state-licensed riverboat, which eventually became Harrah's.

In a March ruling, the Indiana Court of Appeals affirmed the Marion Circuit Court's dismissal of the case, finding the attorney general had no authority to assert its counterclaim and cross claim against Second Century and its principals for imposition of a constructive trust and an accounting of the money.

Filing a petition for transfer earlier this year, Carter pointed out that the justices should take the case "to update Indiana law concerning constructive trusts, and in particular decide whether a constructive trust is warranted to remedy the injustice of a deal siphoning millions of dollars of casino gambling revenue to associates of a public official."
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