A 60 year old man from Atlantic City, New Jersey, convicted of Bribery Concerning Programs Receiving Federal Funds was sentenced this week (May 10, 2021) in US District Court in South Dakota.
Anthony Bertino, age 60, was sentenced to 20 months in federal prison, followed by three years of supervised release. Bertino must pay a fine in the amount of $95,000 and a special assessment to the Federal Crime Victims Fund in the amount of $100.
The conviction stemmed from incidents between May 7, 2014, and August 4, 2014, when Bertino, who was an agent of the Dakota Nation Gaming Enterprise (DNGE), corruptly accepted something of value from another person, intending to be influenced and rewarded in connection with a transaction and series of transactions of the DNGE.
The Sisseton-Wahpeton Oyate Tribe (SWO) operates the DNGE, which oversees the tribally-run gaming establishments. Bertino was employed as the Corporate Marketing Officer for the DNGE. Bertino’s employment agreement included provisions stating that self-dealing is cause for termination, that he was not to engage in actions motivated by self-interest, and that he was not to work in any other capacity without first obtaining written consent from the DNGE.
In 2014, Bertino negotiated the DNGE’s purchase of equipment from a 66,000 square foot sprung casino facility in Indiana. On May 21, 2014, the DNGE Advisory Committee approved the purchase for $900,000. After the DNGE wired the money to the seller, Bertino received three kickbacks from the seller totaling $104,909.78.
The case was brought pursuant to The Guardians Project, a federal law enforcement initiative to coordinate efforts between participating agencies, to promote citizen disclosure of public corruption, fraud and embezzlement involving federal program funds, contracts and grants, and to hold accountable those who are responsible for adversely affecting those living in South Dakota’s Indian country communities.
Bertino has been allowed to self-report to the custody of the US Marshals Service by July 3, 2021.
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