The court’s decision underscored the need for transparency and full disclosure in transactions related to casino licenses, especially in cases involving potential connections to organized crime. Kafker, writing for the Supreme Judicial Court, highlighted the importance of maintaining public confidence in the licensing process. Justice Kafker Emphasizes Transparency and Public Trust in Casino License Ruling Initially considering the site for big-box retail, their plans shifted in late 2011 following the legalization of casino gaming. In 2009, FBT acquired the land for about $8 million, a time when casino gambling was not yet legal in Massachusetts. Any agreement inconsistent with the terms approved by the commission and concealed from regulators is deemed unenforceable. The court emphasized that the paramount public policy, as outlined in the Expanded Gaming Act, is to protect the integrity and public confidence in the casino gambling licensure process. This agreement was neither recorded nor reported to the commission, raising concerns about its legitimacy.

Gattineri, who had a stake in FBT, alleged that Wynn had promised him an additional $19 million as part of a secret oral agreement, reported Massachusetts Lawyers Weekly. However, concerns arose about potential connections between FBT and a convicted felon with ties to organized crime, leading the Massachusetts Gaming Commission to limit the sale price to $35 million, the fair market value if the land was not used for a casino. The controversy began when Wynn Resorts, in an effort to secure a casino license in Massachusetts, entered into a deal to purchase a parcel of land in Everett and Boston for $75 million. Wynn Resorts’ Land Purchase Raises Questions of Secrecy and Public Policy Violation The agreement, which would have entitled Gattineri to an additional $19 million from the sale of land that became Encore Boston Harbor, was concealed from gaming officials, leading the court to rule against its enforceability on grounds of public policy.

The Massachusetts Supreme Judicial Court has declared that a confidential agreement made between Wynn Resorts and Anthony Gattineri, a minority owner of FBT Everett Realty, LLC, is not enforceable.

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