-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, PKCNd7gtKpCYr4JLWE4mboqCjTioOfzOw1uuoBJaivZPOoSRsKVXdNq794qkuDEE IO2KOgIc9dB3RjjdePGYLA== 0000906780-02-000031.txt : 20020625 0000906780-02-000031.hdr.sgml : 20020625 20020625151259 ACCESSION NUMBER: 0000906780-02-000031 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20020625 ITEM INFORMATION: Other events ITEM INFORMATION: Resignations of registrant's directors FILED AS OF DATE: 20020625 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ALPHA HOSPITALITY CORP CENTRAL INDEX KEY: 0000906780 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-EATING & DRINKING PLACES [5810] IRS NUMBER: 133714474 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-12522 FILM NUMBER: 02686444 BUSINESS ADDRESS: STREET 1: 29-76 NORTHERN BOULEVARD STREET 2: 2ND FLOOR CITY: LONG ISLAND CITY STATE: NY ZIP: 11101 BUSINESS PHONE: 718-685-3014 MAIL ADDRESS: STREET 1: 29-76 NORTHERN BOULEVARD STREET 2: 2ND FLOOR CITY: LONG ISLAND CITY STATE: NY ZIP: 11101 8-K 1 e8k62502.txt ALPHA HOSPITALITY CORPORATION 8K FILING SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report: June 25, 2002 ALPHA HOSPITALITY CORPORATION (Exact Name of Registrant as Specified in Charter) Delaware 1-12522 13-3714474 (State or other jurisdiction (Commission File No.) (IRS Employer of incorporation) Identification No.) 707 Skokie Boulevard, Suite 600, Northbrook, Illinois 60062 (Address of Principal Executive Offices) (Zip Code) Registrant's telephone number, including area code: (847) 418-3804 ITEM 5. OTHER EVENTS Tribal Leadership Dispute Alpha Hospitality Corporation (the "Company") has interests in a partnership, Catskill Development, LLC ("Catskill") that has certain agreements with regard to the development of a casino for the St. Regis Mohawk Tribe (the "Tribe"). These agreements were entered into with a leadership group that has been seeking re-recognition by the Bureau of Indian Affairs (the "Bureau") as the "Constitutional Government" of the Tribe. These agreements are essentially extensions of the agreements entered into at the time that this group was recognized by the Bureau and are currently in force. Catskill also had agreements executed by the leadership group of the Tribe that is currently recognized by the Bureau, know as the "Three Chiefs". It is the breach of the agreements executed by the Three Chiefs, which have expired, which are the subject of litigation with Park Place Entertainment Corporation. Representatives of the Constitutional Government have been seeking to intervene, for purposes of appeal, in a lawsuit brought by the Three Chiefs in the District Court for the District of Columbia (the "Court"). In that case the Court found that the Bureau had abused its discretion in the proceedings under which the Constitutional Government had been granted recognition. In the intervention proceedings, the Constitutional Government had been denied the right to intervene in part because the Court found that the earlier case did not involve a "final decision" by the Bureau. On June 5, 2002, Neal McCaleb, Assistant Secretary for Indian Affairs of the Department of the Interior (the "Department"), issued a letter to the attorney for the Constitutional Government. The letter responded to a request by the Constitutional Government for a reconsideration of the recognition of the Three Chiefs by the Department and denied the request. The letter reviewed actions taken by the Department and the Constitutional Government, including the recognition of the Three Chiefs, subsequent to the original decision of the Court and expressed the view that the Constitutional Government had either exhausted or failed to timely pursue it administrative remedies with regard to the recognition of the Three Chiefs. The letter ends with a statement that "this decision constitutes the final agency decision for the Department". The Company has been informed that the Constitutional Government and its attorneys are reviewing this decision and evaluating various alternatives for judicial review of the decision. However, the Company cannot predict whether the Constitutional Government will pursue an appeal of this decision or other proceedings in connection with its re-recognition effort or whether such an appeal or other proceedings will ultimately be successful. ITEM 6. Resignation of Registrant's Directors Resignation of Brett Tollman Brett Tollman, the son of former Chairman and Chief Executive Officer Stanley Tollman, has submitted his resignation as a member of the Board of Directors and Vice President of the Company. Mr. Tollman resigned following the filing of a Federal complaint alleging tax violations against him. Mr. Tollman indicated that he had submitted his resignation because he felt that, even though the allegations against him are unrelated to the business of the Company, it was in the best interest of the Company and expressed his view that the allegations are entirely unwarranted. SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized. Dated: June 25, 2002 ALPHA HOSPITALITY CORPORATION (Registrant) By: /s/ Scott A. Kaniewski Scott A. Kaniewski Chief Financial Officer -----END PRIVACY-ENHANCED MESSAGE-----