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After facing sexual harassment allegations against its founder and former CEO, Wynn Resorts is now expressing doubts about the credibility of the Massachusetts Gaming Commission’s investigation into its suitability as a gaming license holder.
Wynn Resorts raised concerns in a post-hearing brief last week, suggesting that gaming regulators may have infringed upon the company’s and its executives’ right to due process.
The fate of Encore Boston Harbor
Beginning on April 2, the Massachusetts Gaming Commission conducted a three-day hearing with the ultimate goal of determining the future of the Encore Boston Harbor casino project in Everett.
Wynn Resorts, the owner of the $2.6 billion casino resort, is in the final stages of its construction and is set to open its doors in June.
Nevertheless, the Commission has made the decision to prioritize the assessment of Wynn Resorts’ qualifications as a casino operator.
The focus revolves around a sequence of accusations of sexual harassment against Steve Wynn, the former CEO and founder of Wynn Resorts. The Wall Street Journal initially reported these allegations in January 2018. Additionally, the Commission is investigating whether Wynn Resorts concealed any information related to these accusations.
Following Steve Wynn’s resignation, the company has taken significant measures to dissociate the project from the controversy. One of these actions involves rebranding the project from Wynn Boston Harbor to Encore Boston Harbor.
The Commission tasked its Investigations and Enforcement Bureau with examining the allegations, and the results were presented at the recent hearing. However, the findings did not provide any recommendation concerning the suitability of Wynn Resorts.
Currently, the Commission is in the process of deliberation and anticipation is high for a decision to be reached within the upcoming weeks.
Wynn Resorts claims due process denied
Despite the conclusion of the intense interrogations, the atmosphere remains tense. In a surprising turn of events, Wynn Resorts’ post-hearing brief claims that the Commission has unfairly placed the burden on Wynn Resorts to prove its suitability, instead of requiring investigators to present evidence of its failure to maintain it.
Wynn Resorts argues that the hearing should not have taken place at all due to the lack of recommendation from the Commission’s Investigations and Enforcement Bureau regarding its suitability.
Wynn Resorts likened the entire process to a scenario where a defendant in a criminal trial is required to prove their innocence, rather than the state being responsible for proving guilt beyond a reasonable doubt.
It remains uncertain if the Massachusetts Gaming Commission will provide a response to the post-hearing brief.
If the Commission ultimately decides to allow Wynn Resorts to retain its license, it is expected that Encore Boston Harbor will proceed as planned, and the concerns raised in the brief will likely be resolved.
In the event that the Commission revokes its license, Wynn Resorts Chairman Phil Satre affirms that the company will not engage in any efforts to retain its presence in Massachusetts.
Nevertheless, if Wynn Resorts loses its license and intends to recoup a portion of the substantial funds invested in the project, the allegations stated in the post-hearing brief may serve as a foundation for a potential lawsuit.
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