New York Gov. George Pataki (R) has asked the National Indian Gaming Commission to determine the legality of the Oneida Nation's casino.

In a letter to the NIGC, Pataki's chief legal counsel called the casino "illegal" and said "criminal activity" might be occurring there. He letter stated that the tribe's gaming compact has been ruled illegal by the courts.

The NIGC has already started the process to determine whether the casino is on "Indian lands" as required by the Indian Gaming Regulatory Act. A spokesperson for the tribe said the casino is in compliance with the law.

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