Ethics Complaint Filed Against Casino Lawyer

A couple of citizen-watchdog organizations have filed a formal complaint with the Pennsylvania Supreme Court's Disciplinary Counsel, seeking an investigation of former Gaming Control Board Chairman Thomas "Tad" Decker, Stephen A. Cozen, and seven other Cozen O'Connor attorneys. They allege a slew of conflicts of interest and violations of Pennsylvania's Rules of Professional Conduct for licensed attorneys.

Cozen O'Connor represents Louis DeNaples, owner of the Mt. Airy Resort and Casino. DeNaples is the subject of Federal and State probes into potential illegal campaign contributions to Decker's college-friend (Rendell) and Denaples' alleged affiliation with William "Big Billy" D'Elia, the purported head of the Bufalino crime family in Northeastern Pennsylvania.

Decker worked for Cozen O'Connor as a managing partner until Rendell made him chair of the newly formed Pennsylvania Gaming Control Board in 2004. Decker left the Board earlier this month and took over the reigns at Cozen O'Connor as President/CEO. Cozen O'Connor represents SugarHouse Casino, as well as DeNaples. (The law prohibits former board members from representing applicants before the board for two years.)

The ethics complaint lists a variety of asserted conflicts of interest, including:

* During Decker's tenure, Cozen O'Connor represented SugarHouse in several matters before the Supreme Court and possibly administrative proceedings before the PGCB.
* On the same day as Decker stepped down as Chairman of the PGCB, he returned to a raise and promotion at Cozen O'Connor which continues to represent two casinos with business before the PGCB.
* Decker only recused himself from the final vote on SugarHouse, but presided over the deliberations regarding the site selection of all 12 casino licenses, including SugarHouse Casino.
* Decker neglected to recuse himself from voting and deliberating on the four other Philadelphia casino applicants, and hence he was still able to influence the outcome of the vote.
* Decker continued to direct the defense of the Gaming Control Board's licensing decisions before the state Supreme Court, despite outstanding questions regarding his continuing ties to Cozen O'Connor.
* After hiring Tad Decker, Cozen O'Connor became ineligible to represent SugarHouse and Mount Airy Lodge. By continuing to do so, Cozen O'Connor and Tad Decker are in violation of the Supreme Court's Rules of Professional Conduct for licensed attorneys.

The complainants are awaiting word on whether their complaint will be investigated. (Poisonally, I don't think they ought to hold their breaths.)