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Bergin, in trying to quash the lawsuit, filed a counterclaim arguing that the tribe defrauded the state and voters in 2002 when gaming compacts were negotiated and approved at the ballot box. Bergin contends the tribe deliberately hid its plans for a Glendale casino even as voters were being told there would be no new casinos in the Phoenix area. But if U.S. District Judge David Campbell believes that Bergin and his agency have not been playing fair in this and other ongoing lawsuits with the tribe, he could unilaterally block the state from making that fraud counterclaim. That would strip the state of its main defense in the litigation, making it easier for the Tohono Oodham to get a ruling in their favor. Campbell already has raised questions about Bergins actions. In an order last month, the judge called it troubling that the state gaming regulator would partner with some tribes he regulates to thwart expansion of another. Campbell said there are good reasons for the Tohono Oodham to know what Bergin and Banan were saying to other tribes. In new court filings Wednesday, Paul Charlton, the lead attorney for the Tohono Oodham, told Campbell that the intentional destruction of the notes leads to several conclusions. Most notably, Charlton said, it suggests that Bergin was taking actions against the Tohono Oodham at the behest of the other tribes. Charlton said that after Banan met with the other tribes and briefed Bergin, the gaming director sent out letters to gaming supply companies threatening to revoke their ability to do business in the state if they provided equipment to the new Glendale casino.

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