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The attorney for Louis DeNaples said Thursday a decision will be made soon on appealing the vote of gambling regulators prohibiting him from doing business with Mount Airy Casino he once owned but handed over control in a deal to drop perjury charges against him.

The Pennsylvania Gaming Control Board Wednesday rejected the Dunmore businessman’s attempt to lift restrictions put in place in 2009 by an agreement with the Dauphin County District Attorney.

Attorney William Costopoulos of Lemoyne who represents DeNaples said they are up against the clock in making their decision.

“There are two avenues available. One is to go back to the board for reconsideration and the other is to seek appellate relief which means going to the Commonwealth Court directly,” Costopoulos said. “This office is looking into both of those options and a decision will soon be reached because there are time limitations.”

If they decide to go back to the board again, they have 15 days to do so, Costopoulos said. The deadline for the Commonwealth Court is 30 days, he said.

Initially the board voted 4-3 in favor of the DeNaples’ petition filed in February to vacate orders issued in September 2009 and June 2012 that imposed restrictions on him and his afflilated companies from providing goods and services to the casino.

But it was shot down due to a procedural measure applying to the board’s four legislative appointees. All of them had to vote in favor of the petition for the restrictions to be lifted, but appointee Richard Jewell, exercised his veto and opposed it, explained Doug Harbach, a PGCB spokesman.

Despite the outcome, Costopoulos said he came away optimistic thinking “it was an effort by the majority of the board to reach out and bring this matter to an appropriate conclusion.”

“I really think the board gave it due consideration. I was not unhappy with the vote,” he said.

Perjury case

The restrictions stemmed from perjury charges filed against DeNaples and his friend the Rev. Joseph Sica in 2008. DeNaples allegedly lied about his relationship to organized crime figures while seeking his casino license from the state. The board issued a license to DeNaples in 2007 for the Monroe County casino and resort. Sica allegedly lied to a grand jury about his relationship to reputed mob boss the late Russell Bufalino.

Dauphin County District Attorney Edward M. Marsico Jr. chose not to pursue with the prosecution of them which resulted in a trust set up in the name of DeNaples’ daughter Lisa acquiring full ownership of the Mount Airy Holdco LLC, the owner of the casino.

DeNaples also faced restrictions that, according to the February petition, precluded him “from executing any contracts or conducting any business with Mount Airy.”

As the owner of garbage trucks an landfills, he would be able to provide those services at lower cost than what the casino pays, the petition said. “This would increase revenues for the casino and generate additional tax revenues to the Commonwealth of Pennsylvania,” the petition said.

In 2012 the board granted a corporate restructuring so a trust in the name of DeNaples’ children took ownership of the casino, but refused to life the earlier restrictions. At the time, DeNaples said he is not seeking special treatment and if his “affiliated companies offer competitive services or goods at a better price” should be allowed to do business with Mount Airy if it is in its best interests.

DeNaples
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By Jerry Lynott

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Reach Jerry Lynott at 570-991-6120 or on Twitter @TLNews.