Legal sports betting and Constitutional questions

Federal law prohibits betting on sports in all of the United States, with a few narrow exceptions. Be that as it may, several state governments now want to license brick-and-mortar venues to offer wagering on sports. Sooner or later, the controversy will have to be tried in federal court.

Last week I wrote an article for Global Betting & Gaming Consultants exploring the potential path to legalized sports betting in the United States. The article explains that ultimately federal courts must decide whether the Professional and Amateur Sports Protection Act (PASPA) is consistent with the U.S. Constitution.

A federal court action would focus on two distinct issues: 1) whether the Tenth Amendment to the Constitution reserves for each of the 50 states the right to provide their own laws for sports betting, and 2) whether the Interstate Commerce Clause gives power to the federal government to make laws for sports betting.

These issues will in any event take years to settle.

Please visit the website of Global Betting & Gaming Consultants to read the full article: New Jersey’s Rush for Sports Betting Must Blast Through Federal Courts.

Fourth Quarter Politics in Illinois

Illinois is proving a good example of what many of the 50 states may eventually experience. The problem is that internet gambling issues do not exist in isolation but coexist with brick-and-mortar gambling issues… and a myriad of other issues besides.

The Illinois legislature has four days until its target adjournment date, but there remains an unresolved budget crisis. The State risks suffering a lowered credit rating if legislators cannot fix failing programs for public employee pensions and Medicaid obligations.

Throughout the current legislative session, legislators and lobbyists for the gaming and horse racing industries have conferred with the governor’s office over the prospect of gambling expansion. Language related to internet gambling has never been part of the brick-and-mortar bill, but internet gambling has surely been part of the discussion.

As for the brick-and-mortar gambling bill, I pass no judgment but refer to various opinion articles published in the State Journal-Register of Springfield, Illinois.

The SJ-R itself takes an official position against brick-and-mortar expansion:

We, too, have opposed this bill (SB 1849), mostly because it purports to turn the law of supply-and-demand on its head. Casinos in Illinois have been struggling since the recession hit. Demand has fallen drastically. This bill claims that opening five more casinos, plus turning horse racing tracks into casinos, suddenly will create 20,000 new jobs and bring in $200 million to state coffers annually. We’re just not buying that all that wealth is not now reaching the state because people can’t find enough casinos. (Our Opinion: More gambling a bad bet (SJ-R)).

But see also: Point: Gambling expansion bill is based on ‘supply and demand’ by Rep. Lou Lang, D-Skokie, deputy House majority leader. And also: Counterpoint: Gambling expansion bill is a continuation of failed policies by Anita Bedell, executive director, Illinois Church Action on Alcohol and Addiction Problems, Springfield.

On May 15, Senator John Cullerton, President of the Senate, offered a separate bill that would legalize internet gambling. This bill, HB 4148, proposed to give broad market and decision-making control to the Illinois Lottery. The bill explained that the Lottery would manage an “internet gaming platform,” but it lacked clear language indicating whether casinos or horse racing companies could participate. They could not have been happy about it.

But then on May 23 the brick-and-mortar gambling expansion bill was approved by the House. And then two days later on May 25, Senator Cullerton revised the internet gambling bill to clearly specify that Illinois casinos and horse racing operators can become licensed to participate in the Lottery’s gaming platform. The revised bill just might make enough people happy.

Nonetheless, there is disappointingly sparse amount of mainstream media attention being given to the internet gambling legislation. The brick-and-mortar bill continues to generate controversy and opinion, but the importance of internet gambling to the discussion is not talked about.

Governor Quinn is silent about internet gaming, but he does continue to publicly oppose the brick-and-mortar expansion. A veto threat could be a somewhat viable negotiating chip on some issue or another. See: Quinn says he can’t support gambling expansion bill (SJ-R) See: Quinn dismisses gambling as ‘shiny’ distraction (SJ-R)

Four days remain, and a lot can happen in four days. See: Statehouse nearing the finish line (SJ-R) And: What’s Been Done? What’s Yet to Come? (Illinois Issues Blog)

Author Bradley Vallerius is an Illinois attorney specializing in gaming and video gaming licensing and compliance.

Revisions to Illinois internet gaming bill: Lottery barred as operator but retains regulatory authority

Ten days after offering his first plan to legalize internet gambling in Illinois, Senator John Cullerton has revised his plan so that it envisions a substantially different sort of regulatory system. The older plan would have given the Illinois Lottery a near monopoly over the internet gambling market. Now, under the new bill, the Lottery would not compete at all.

Formerly, Illinois House Bill 4148 called for the Lottery to serve as both an operator and a regulator of an “internet gaming platform.” The revised bill no longer envisions that the Lottery would directly offer internet gambling opportunities to the public. But the Lottery would still be the regulatory agency for internet gambling, and it would still fulfill its duties by managing an internet gaming “platform.”

Eligible entities

A newly created Division of Internet Gaming within the Lottery Department would license operators, called “internet gaming affiliates,” to participate in the platform.

Three classes of entities would be eligible to apply for licenses to become an affiliate of the Lottery’s internet gaming platform:

(i) Any person who holds a valid and unrevoked owners license issued pursuant to the Riverboat Gambling Act;

(ii) Any person who holds a valid and unrevoked organization license issued pursuant to the Illinois Horse Racing Act of 1975; and

(iii) Any person who holds a valid and unrevoked advance deposit wagering license issued pursuant to the Illinois Horse Racing Act of 1975.

Applicants would be required to pay a $5 million fee along with their application for licensure.

Language comparisons

A summary look at the definitions found in the old and new bills demonstrates how significantly different the new version is. The old version envisioned a Lottery that directly offers internet wagering opportunities, whereas the new version envisions a Lottery that oversees a program in which licensed affiliates offer internet wagering opportunities.

  • Old version of definition of internet gaming platform:

“Internet gaming platform” means an interactive set of related data networks that may be accessed by authorized participants for the purpose of wagering on internet games.

  • New version of definition for internet gaming platform:

“Internet gaming platform” means an interactive set of related data networks that may be accessed by licensed internat gaming affiliates for the purpose of offering wagering on Internet games to authorized participants.

  • Old version of definition of internet wagering:

“Internet wagering” means the placing of wagers with the Division using the Division’s internet gaming platform  through which the Division may offer Internet games to persons who have established an Internet wagering account…

  • New version of definition of internet wagering:

“Internet wagering” means the placing of wagers using the Division’s internet gaming platform through which licensed Internet gaming affiliates may offer internet games to persons who have established an Internet wagering account…

  • The old version of HB 4148 did not conceptualize licensed internet gaming affiliates, but the new version supplies the following definition:

“Licensed internet gaming affiliate” means an individual who is licensed by the Division to offer wagering on Internet games to authorized participants using the Division’s Internet gaming platform.

  •  Finally, compare the duties of the Division of Internet Gaming under the old plan:

The Division of Internet Gaming is established within the Department of the Lottery, and is authorized to offer Internet wagering on Internet games on the Division’s Internet gaming platform…

  • Duties of the Division of Internet gaming under the new plan:

The Division of Internet Gaming is established with the Department of the Lottery, and is authorized to establish an Internet gaming platform that may be accessed by licensed Internet gaming affiliates in order to offer wagering on Internet games….

Context

The legislature has only one week left to approve the bill. Just last week the legislature enacted a bill related to brick-and-mortar gaming. Having those issues out of the way could make negotiating votes for the internet gambling bill easier. Or it could make the prospects of approving an internet gambling bill unlikely. One week will tell.

Click here for the new version of HB 4148 (filed May 25, 2012).

Obama’s Online Poker Position: Let the States Decide for Themselves

The White House has issued a statement regarding its views about online poker. The statement was issued in an e-mail to individuals who participated in the “We the People” petition process by signing a petition calling for the legalization of online poker.

The response from the White House echoes the Memorandum Opinion issued by Obama’s Justice Department in December regarding the scope of the federal Wire Act. The Obama administration says each of the 50 states has the right to make  its own decisions:

“…Online gambling on sporting events or contests violates federal law. The legality of other forms of online gambling is dependent upon the law of the states where the bettor or gambling business is located. It is left to each state to determine whether it wishes to permit such activity between its residents and an online poker business authorized by that state to accept such wagers… (emphasis added).

The e-mail in its entirety is posted below:

-

(Sent Friday, May 18, 2012)

What We Have to Say About Online Poker

By Brian Deese, Deputy Director of the National Economic Council

Thank you for taking the time to participate in the “We the People” petition process. We launched this online tool as a way of hearing directly from you, and are pleased to see that it has been effective in soliciting your feedback. We understand your interest in the petition to support the legalization of online poker, and appreciate the opportunity to share President Obama’s concerns about this issue.

The Administration understands that many Americans engage in paid online poker games for entertainment purposes. Online gambling on sporting events or contests violates federal law. The legality of other forms of online gambling is dependent upon the law of the states where the bettor or gambling business is located. It is left to each state to determine whether it wishes to permit such activity between its residents and an online poker business authorized by that state to accept such wagers, but online gambling that is not authorized by state law may also violate federal statutes.

The rapid and anonymous nature of the internet distinguishes online games from onsite games, such as those in casinos, and creates distinct challenges. For example, there are many means of technologically circumventing restrictions on online gambling that can allow individuals from countries where gambling is illegal — or even minors — to play using real currency. Online games also have greater potential for fraud because gambling websites are much cheaper and easier to establish than on-site locations, and like telemarketing scams, can appear and disappear overnight. Finally, online gambling can be used in money laundering schemes because of the volume, speed, anonymity, and international reach made possible by internet transactions. The Administration will continue to examine this issue and is open to solutions that would help guard against the use of online gambling sites as tools for conducting illegal activities or preying on unsuspecting individuals to the extent that online gambling is permitted.

Thank you once again for signing the online petition. We appreciate hearing your opinions and look forward to hearing from you again soon.

Illinois HB 4148 would give the State Lottery a monopoly on internet gaming

A plan to legalize internet gambling in Illinois has suddenly appeared in the State Senate. If enacted, newly amended House Bill 4148 would establish the Illinois Lottery as a monopoly operator of internet gambling and poker within the state.

The Plan

Illinois HB 4148 would authorize the Department of the Lottery to create a Division of Internet Gaming. The new Division would receive broad discretion to decide the rules for internet gambling in Illinois.

 For example, the Division of Internet Gaming would adopt regulations related to:

  • types of games that can be offered,
  • payout percentages,
  • acceptable forms of payment,
  • responsible gaming controls,
  • technology platforms, and
  • such other matters that are necessary or desirable.

The Division of Internet Gaming is the only entity that would be authorized to operate internet gambling in Illinois.

Political Concerns

The President of the Senate, Senator John Cullerton, is the legislator responsible for the plan’s sudden appearance on the legislative record. Senator Cullerton has been focused on gaming and economic expansion in general throughout the entire 2011-2012 legislative session. He is also keenly aware that time is of the essence. Illinois is facing an awful budget crisis, but there are few other bills that could generate new sources of income this session. Previously, HB 4148 had covered unrelated subject matter, but Senator Cullerton’s amendments transformed the bill entirely.

The bill faces overwhelming obstacles. Both chambers must approve it before May 31, which is the target adjournment date for the legislature. Furthermore, political opposition from licensed Illinois casino operators is guaranteed because the plan would prohibit them from competing against the Illinois Lottery.

Click here to view the latest version of HB 4148.

Article edited May 17, 2012. A prior version indicated that HB 4148 was ready for voting on the floor of both chambers, but actually it must first be heard before the Senate’s Executive Committee.

About the Author: Bradley Vallerius is a licensed attorney in the State of Illinois who is focused on gaming and technology issues. His office provides free consultations for questions about remote gambling possibilities in the United States. +1-(480)-382-5537.

New Jersey Committee Approves New Plan to Legalize Internet Gaming

I recently wrote an article for Global Betting & Gaming Consultants regarding legislative action in the State of New Jersey. Last week a General Assembly Committee on Regulatory Oversight and Gaming voted to approve a bill that would permit Atlantic City casinos to offer gaming on the internet. The committee also made a series of interesting amendments to the plan.

The most important amendments would:

  • raise the tax on revenues from internet gaming from 10% to 20%,
  • remove a $60 million subsidy for the New Jersey Racing Commission, and
  • prohibit an organization from offering services to Atlantic City casinos if the organization ever participated in the US market for internet gaming after 2006.

My article explains the amendments and speculates whether they are likely to affect the prospects of enacting an internet gambling law. Click here to see the article from GBGC: New Plan for New Jersey Internet Gaming.

New Jersey S1565 has great prospects of enactment

New Jersey’s plan to legalize internet wagering, Senate Bill 1565, has great prospects of enactment this session. A similar bill passed both chambers of the legislature last session but failed to become law because Governor Chris Christie refused to sign it. But 2012-2013 is a new legislative session, and there are good reasons to expect the governor could soon be ready to sign.

The political atmosphere has changed dramatically since last session’s bill died on Governor Christie’s desk. The federal Justice Department used to be an obstacle, but in December of 2011 the agency declared it would not interfere if a state wants to allow internet gambling. In response, legislatures across the country are now finally becoming informed about the practical realities of internet gambling policy.  And of course there remains strong public support for legalization and the taxable revenues that could be reclaimed from foreign operators.

As evidence suggesting Governor Christie could sign a bill, consider the comments his office seems to have made to a Reuters reporter in January:

“I think we should be an epicenter for that business, but I want to do it right — I do not want to rush and get legislation that either doesn’t pass state constitutional muster, or creates other problems for us.” –Christie spokesperson confirming the governor’s remarks, see Reuters article: Chris Christie:  New Jersey Should Be Online Gambling’s ‘epicenter.’

Another article, published on Philly.com today, speculates further about the decision that awaits Governor Christie: Politics May be behind Christie’s change of heart.

There is good reason to expect S1565 can pass the legislature because it is nearly identical to the bill that passed both chambers last year. The one and only difference is potentially significant though. Last session’s bill would have required licensed operators to collectively raise $20 million to be delivered to the New Jersey Racing Commission every year for three years. This session’s S1565 does not contain such a provision.

Like last session, Senator Raymond Lesniak is the lead sponsor of the internet wagering bill. Senator Lesniak has served New Jersey’s legislature since 1978. He is Chair of the Senate Economic Growth Committee, Vice-Chair of the Senate Commerce Committee, and a member of the Senate Judiciary Committee.

S1565’s second sponsor, Senator Jim Whelan, is both a former Council Member and a former Mayor of Atlantic City. Senator Whelan has served the legislature since 2006. He chairs the Senate State Government, Wagering, Tourism, and Historic Preservation Committee. He is also a member of the Senate Environment and Energy Committee and a member of the Senate Health, Human Services, and Senior Citizens Committee.

S 1565 has already passed two Senate committees. It passed Senator Whelan’s State Government, Wagering, and Tourism Committee by vote of 3-0 (with 2 abstentions)  on March 5. Then it passed the Senate Budget and Appropriations Committee by vote of 11-0 (with 1 not voting and 1 abstention) on April 3. Now it heads to the floor of the Senate.

The General Assembly’s internet wagering bill is A2578. It is sponsored by Assemblymen John Burzichelli, Vincent Prieto, Ruben Ramos, Jr., and Louis Greenwald. Assemblyman Ramos is chair of the Assembly Regulatory Oversight and Gaming Committee while Assemblyman Burzichelli is vice-chair of the committee. A hearing of their committee is anticipated soon, potentially this week.

The New Jersey plan would allow only Atlantic City casinos to operate internet wagering.

Weekly industry report: New testing rules in Nevada, NYRA scandal, WMS in Europe, plus Playtech and Caesar’s financials

Our weekly industry reports highlight important news items from around the world.

Testing of gaming systems in Nevada must now be conducted by independent labs

The Technology Division of Nevada’s Gaming Control Board will soon cease performing pre-approval testing of gambling systems. After July 1, the necessary pre-approval tests must be conducted by independent laboratories. This includes “mobile gaming systems” and “interactive gaming systems.” Click here to see the Gaming Control Board’s Announcement to Licensees.

WMS hosts internet gambling in Belgium 

WMS Gaming has entered a “joint operations” contract for “the first business-to-business (B2B) deployment of WMS’ robust online gaming solution.” The company will provide Groupe Partouche of France with “a WMS-hosted online casino site for residents of Belgium.” WMS expects to launch the Belgium-licensed internet casino this summer. Click here to see the press release from WMS Gaming.

Agency accuses New York Racing Association of skimming customers’ winnings

New York’s Racing and Wagering Board has issued a report alleging that the New York Racing Association (NYRA) has withheld more than $8.5 million due to winning bettors. The Racing Association’s President, Senior Vice President, and General Counsel subsequently have been fired.

Click here to read the Racing and Wagering Board’s Interim Report into the Incorrect Takeout Rates at the New York Racing Association.

See also coverage by The New York Times: State Report Says Racing Association Knowingly Withheld Millions (Apr. 29, 2012).

Caesar’s Entertainment financials

Caesar’s Entertainment reports $2.272 billion in net revenue for the first quarter of 2012, an increase of $92.9 million (4.3%) over the same period last year. The company’s financial report indicates that revenue from “Other” operations reached $64.7 million. “Other” includes “the results of Caesars Interactive Entertainment (“CIE”) and its wholly-owned subsidiary, Playtika Ltd., a social media and mobile gaming business, since May 2011 when CIE acquired a controlling interest.” Click here to see Caesar’s Q1 2012 financial results.

Playtech financials

Playtech reports $98.24 million in total revenue for the first quarter of 2012, which improves upon $91.06 million reported in Q4 2011 and $48.06 million in Q1 2011. The company continues to prepare for an upgraded listing of its shares. According to the company: “Preparations for the planned move to a Premium Listing on the Official List of the London Stock Exchange continue to progress. A prospectus will be published and application made for the move, as soon as possible.” Click here to see Playtech’s Q1 2012 performance indicators.

About our services

Do you pay outrageous retainer fees but get little in return? Are you tired of paying obscene subscription rates for information that is freely available in the public domain? Are the same old experts and consultants really giving you any value? Let our attorneys work for you. Our growing business offers a variety of services at rates that are refreshingly reasonable. Call our office at +1-(314)-322-0887 or write to bvallerius using gmail. Initial consultations are always free.

See our free special report about S.B. 1463, California’s proposed internet gambling law: “The Foundations of Internet Gambling Law: California

Maryland casino uses internet games to tailor its player rewards program

A new casino opening in  Maryland next month has already begun promoting itself through a play-for-fun internet casino. Using technology provided by Aristrocrat and GameAccount, the play-for-free casino is integrated into the brick-and-mortar casino’s management system so that the operator can better track its players and market to them.

Named Maryland Live! Casino, the new facility is a 12-acre complex that will open in the City of Hanover on June 6. The facility will contain 4,750 slot machines and electronic table games in addition to restaurants and a live entertainment venue.

The play-for-free online casino was created with Aristrocrat’s nLive turnkey product and is branded to the brick-and-mortar facility. An additional Aristocrat product, Oasis 360, integrates the data derived from players on the play-for-free casino with the data derived from players at the brick-and-mortar casino. The combined data will help create rewards based on an individual player’s total gaming experience both on the internet and at the casino premises.

“The launch of Myliveonlinecasino.com enables us to pre-enroll customers into our Live! Rewards player club database and begin tailoring rewards to members before they even visit Maryland Live! Casino,” said Robert J. Norton, president and general manager of the casino.

The play-for-free internet site also uses virtual currency technology provided by GameAccount Network, which is Aristocrat’s partner for online gaming in the U.S. market.

Maryland Live! Casino is operated by the Cordish Companies. It will become only the second casino to open in the state of Maryland. The first opened in September 2011 and is operated by Penn National Gaming in the City of Perryville.

See: Aristocrat’s press release

See: GameAccount’s press release

Weekly industry report: Malta and Ontario agree to share info; EGBA offers manifesto for a European policy

Highlights include financials from 888 and  IGT, an information sharing agreement between regulators in Malta and Ontario, and an EGBA manifesto for a European approach to remote gambling policy

Trade show in California

Hundreds of people attended the Global iGaming Summit & Expo (GiGSE) in San Francisco, California this week. California is one of the states leading the way toward progressive internet gambling legislation, and the San Francisco Bay region is home to some of the country’s most talented software companies. A look at the program agenda reveals prevalent themes and questions in the gaming industry today. Legislators from California and other states spoke at the event, and hopefully stayed a while to learn some things.

To read the perceptions of attendees on Twitter, search Twitter for #GIGSE2012. A few of the attendees gave thorough accounts of what they heard in conference sessions and what they experienced generally throughout the course of the three-day program. These include Chris Krafcik of Gambling Compliance, Scarlet Robinson of The Innovation Group, Vin Narayanan of Casino City, and Victor Rocha of Penchanga.net.

Identifying customer location

Cantor Gaming, an affiliate of Cantor Fitzgerald that provides remote gaming and betting technology, has contracted with LocAid to verify the location of customers using its mobile products in the U.S. Identifying customer location is important because ultimately the law of the state in which the customer is physically located controls. See VentureBeat article: Spoof-proof location authentication to help legitimize mobile gambling.

Regulatory information sharing

The regulatory authority for gambling in the Canadian province of Ontario (Alcohol and Gaming Commission of Ontario) has entered into an agreement with the regulatory authority for gambling in the Mediterranean country of Malta (Malta Lotteries and Gaming Authority). The Memorandum of Understanding between the two agencies stipulates terms and conditions under which they will share information with each other.

According to an article on Tax-News.com:

“The MoU with the Alcohol and Gaming Commission of Ontario provides for the exchange of information on eligibility assessments of applications as well as compliance and regulatory assurance activities with respect to gaming. Both jurisdictions have also agreed to possible joint, cooperative and collaborative inspections, investigations and enforcement activities.”

Malta’s Lottery and Gaming Authority has entered two additional agreements for the sharing of information in recent days with the European Sports Security Association and FIFA.

European competition issues

The European Gaming and Betting Association has published a manifesto containing a policy plan for remote gambling that it would like to see implemented across all of Europe.  The major issues in Europe are concerned with how to control competition among all of the member states. Part of the problem is that some member states allow for the licensing of an unlimited number of operators while others let only one or two government controlled operators into the market. EGBA’s membership consists of private enterprise operators.

Secretary General of EGBA, Sigrid Ligné, said:

“Our Manifesto is designed to be a timely input to the [European] Commission as it prepares its EU action plan for online gambling. We are calling for the introduction of European rules to ensure proper protection for consumers while affording fair and transparent licensing conditions for EU operators.”

The Manifesto declares that an effective EU framework to regulate and ensure responsible online gambling should be based on 5 priority actions:

  1. The European Commission fulfilling its role as Guardian of the Treaty.
  2. Structured regulatory cooperation among national authorities.
  3. An EU legal framework for online gambling.
  4. Problem gambling prevention measures based on evidence.
  5. EU action to fight sport fraud.

For an article explaining why United States policy for internet gambling will likely avoid the cross-border problems that plague Europe, see: States’ Rights and Fragmented Internet Gambling Markets, Nov. 2011, by attorney Bradley Vallerius.

888 Financials

888 Holdings PLC released its key performance indicators for the first quarter of 2012. Overall revenue for the quarter was $94 million, a 4% increase over Q4 2011 and a 25% increase over Q1 2011.

888’s CEO Brian Mattingley said:

“Our focused strategy has led to another excellent quarter, with ongoing strength in Poker driving March to the highest ever monthly revenues in the history of 888. Poker has continued its robust performance in the early stages of Q2, with our other product areas seeing an expected return to seasonal patterns. As stated at our full year results, there are significant growth opportunities offered by the liberalisation of new markets, which will take investment to realise. We will continue to invest throughout 2012 in order to buildmarket share.”

IGT Financials

Interactive Gaming Technology released its results for the second quarter of fiscal 2012. Total quarterly revenue reached $541 million, a 13% increase over the same period last year. Revenue from gaming operations increased 11% to $300 million in the second quarter, “primarily due to increases in the interactive businesses and installed base.”