Category Archives: In The Law

Paul Phua Prosecutors Seek to Have Banned Evidence Reinstated 

Paul Phua isn’t off the hook just yet. Federal prosecutors in Nevada are asking US District Judge Andrew Gordon to reconsider Magistrate Judge Peggy Leen’s conclusion to prohibit evidence obtained through questionable FBI tactics last July. On suspicion that Phua was operating an illegal sports betting ring, agents shut off the Internet to his Las […]

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Aussie greyhound racing in turmoil after hidden camera catches ‘live baiting’

Australia’s greyhound racing industry is in turmoil after an investigative television program uncovered shocking mistreatment of animals at a training facility. The entire board of Greyhound Racing New South Wales has been dismissed and politicians are calling for a temporary suspension of the industry.

The furore kicked off after Four Corners aired hidden camera footage of greyhound trainers using ‘live baiting’ to teach dogs to race. In place of the standard artificial lure, live animals – rabbits, possums, piglets, etc. – were tied to the mechanical lures. Once they caught up to the lure, the dogs would maul the animals, leading them to expect a similar ‘reward’ when they bolted out of the starting gate during an actual race.

The process of ‘blooding’ dogs has long been illegal in Australia but, as the footage demonstrates, it has a long way to go before it’s fully eradicated. Six trainers have been suspended in NSW, 10 more in Victoria and 13 in Queensland. A task force has been set up to investigate how widespread the practice of live baiting remains.

NSW Racing Minister Troy Grant ordered the dismissal of the racing board because “the community has lost confidence in the industry, and we now need the clear air in order to reform and reshape the industry.” Grant said the NSW greyhound industry was worth an annual $300m, employing or engaging over 15k individuals.

Grant’s actions weren’t enough to satisfy NSW Greens MP John Kaye, who said all greyhound racing should be suspended in NSW until the task force reveals its findings. Until then, Green believes “whatever race occurs in NSW will lack integrity,” as some dogs in competition will have been blooded while others have not. “There’s no way that can be seen as a fair gambling product.”

The government in Victoria has appointed a committee to investigate its own racing industry but has yet to take any disciplinary action against its board members.

SPORTSBET’S DOGGY STYLE

Prosecutors protest inadmissibility of evidence against Paul Phua

US federal prosecutors have asked a judge to reconsider a court ruling preventing them from using crucial evidence against accused sports betting operator Wei Seng ‘Paul’ Phua (pictured).

On Tuesday, prosecutors filed papers asking US District Judge Andrew Gordon to reconsider US Magistrate Judge Peggy Leen’s recommendation that prosecutors not be allowed to use evidence gained via questionable FBI tactics. Prosecutors have previously stated that the evidence in question is crucial to their case, which is supposed to go to trial on April 13.

Phua, his son Darren, poker player Richard Yong and five other individuals were arrested last July on charges of operating an illegal online sportsbook out of three luxury villas at Caesars Palace in Las Vegas. Suspecting chicanery was going on behind the villas’ walls, the FBI shut off the villas’ internet connection and then, when the occupants called to complain, sent in agents disguised as Caesars’ tech support wearing hidden body cameras.

The FBI agents neglected to mention their subterfuge when obtaining their warrants. For that omission and for having made other “false and misleading statements,” Judge Leen ruled that the search warrant affidavit was “fatally flawed.” Leen therefore recommended that the evidence obtained via the warrant – computers, mobile phones and other technology – be deemed inadmissible.

On Tuesday, assistant US Attorneys Kimberly Frayn and Phillip Smith Jr. argued that the FBI had presented sufficient legitimate evidence of probable cause when applying for the warrant. The prosecutors argued that the agents’ errors and omissions were neither intentional nor of a material nature sufficient to toss out the evidence obtained via the warrant.

Meanwhile, Phua’s attorneys David Chesnoff and Thomas Goldstein filed their own papers protesting Leen’s ruling that agents hadn’t violated the defendants’ fourth amendment rights by pulling the internet plug and playing dress-up. In a filing viewed by the Las Vegas Review-Journal, the lawyers argued that the government’s behavior – and Leen’s validation of said behavior – “would shock the conscience of ordinary Americans” and represented “an assault on our deepest constitutional values.”

Five of the defendants in this case have already reached plea deals with prosecutors, while charges against a sixth defendant were dropped, leaving only the Phuas still fighting the charges.

In Nevada Court, Millions of Dollars Wasted in the Name of Macau Data Privacy Law

Clark County Nevada District Judge Elizabeth Gonzalez is considering further sanction against Sands China Ltd. for redacting “personal information” from about 2,600 documents the company produced in 2013 as part of an ongoing wrongful termination suit first filed in 2010 by Steven Jacobs, the former president of Sands Macau. Jacobs alleges that he was wrongfully fired for refusing to engage in unlawful acts, including promoting prostitution and spying on Chinese politicians in order to find potentially embarrassing information for use in obtaining favorable treatment for the casino.

Banker to banker' lottery resurfaces; state losing millions

The illegal private lotto operations, popularly referred to as ‘banker to banker,’ which were banned by the government in 2006, are still booming in some parts of Accra. The government banned their operations when it was noticed that their activities were not contributing to national revenue in any way.

Nevada Gaming Control Board recommends legalizing Olympics betting

Nevada casinos and sportsbooks received some good news after the Nevada Gaming Control Board acquiesced to legalize betting on the Olympics.

A proposal from a group of Nevada casinos was discussed during a meeting held earlier this week and concluded with the board recommending to the Nevada Gaming Commission to overturn the long-standing ban on Olympic betting in the state.

Gaming board Executive Secretary Marie Bell told Bloomberg that the parameters the board agreed to would make “Olympic sporting or athletic events, sanctioned by the International Olympic Committee,” legal in Nevada, albeit with the caveat that betting would still be “subject to limitation by the chairman or the chairman’s designee in his sole and absolute discretion.”

The Nevada Gaming Commission can still alter these parameters if the recommendation contains language that needs to be changed such as allowing betting on events that don’t involve judges. On that end, popular Olympic sports like gymnastics, figure skating, and diving would remain illegal whereas other sports would be deemed legal to bet on.

The Commission is set to meet on Feb. 26 and this discussion is likely to be included in that meeting. Should it eventually green light Olympic betting in Nevada, it would be a significant step forward for the state, which has long banned betting on amateur sports not including college sports, thanks in large part to the effort of Senator John McCain.

The Olympics was part of that 2001 ban, even though betting on it has been widespread in other parts of the world, including the UK, which not only offers a plethora of Olympics-related bets, but also famously rolled out a platter of prop bets tied to the quadrennial event.

Lest we forget the prop on Queen Elizabeth II’s hat during the opening ceremonies of the 2012 London Games? Or that a UFO would appear during the same ceremony at 1,000/1 odds?

AG nominee Lynch unlikely to reverse Wire Act opinion

President Barack Obama-nominated, as the next attorney general, Loretta Lynch said that she likely wouldn’t alter the Justice Department’s opinion that the 1961 Wire Act only applies to sports betting.

During a confirmation hearing before the Senate Judiciary last month, she was asked by Sen. Lindsey Graham, who sponsored the Sheldon Adelson-backed Restore America’s Wire Act (RAWA), whether she was familiar to 2011 Department of Justice opinion to the 1961 Wire Act. Lynch said that she was familiar with the opinion but hadn’t studied in detail.

Rep. Jason Chaffetz, R-Utah, has reintroduced the “Restoration of America’s Wire Act,” or RAWA, which would restore the effective ban on Internet gambling by rolling back the legal landscape to what it was before the Department of Justice issued its opinion.

In a follow-up written response, Lynch further explains her views to the Senate Judiciary Committee saying that if confirmed, she would review the 2011 memo from the department’s Office of Legal Counsel that reinterpreted the Interstate Wire Act of 1961, the federal law that restricts the transmission of wager information.

“It is my understanding, however that OLC opinions are rarely reconsidered. Unless in the course of my review I conclude that OLC’s interpretation of the Wire Act is unreasonable, I do not intend to take any action to suspend or revoke the opinion. I would, of course, welcome the opportunity to work with you and other Members of Congress to address concerns about online gambling through legislation,” Lynch added.

She was also asked if she thinks it is appropriate for OLC “to effectively open the door for the states to offer Internet gaming without involvement of the Congress, the public, law enforcement, and state and local officials?”

Lynch answered, “OLC exercises the Attorney General’s authority to provide the President and executive agencies with advice on questions of law. Because OLC helps the President fulfill his constitutional obligation to take care that the law be faithfully executed, it is my understanding that the Office strives to provide an objective assessment of the law using traditional tools of statutory interpretation.”

How Likely Is Pennsylvania to Pass an Online Gambling Bill in 2015?

Pennsylvania is one of a handful of states that have given serious consideration to legalizing online gaming, and the Keystone State seems to be one of the most likely candidates to join Nevada, Delaware, and New Jersey.

But is Pennsylvania really ready to take the plunge? That may depend on the state’s new Governor, Tom Wolf.

Wolf’s plan

Pennsylvania’s newly elected governor Tom Wolf ran on a platform of overhauling the state’s income tax code in order to halt the state’s rising property taxes. The question is, will Wolf’s plan be enough to reach the 40% education funding he is shooting for without finding other revenue streams – such as online gambling?

Court declines to revive Caesars lawsuit against Crosby

A federal appeals court has upheld the dismissal of a lawsuit brought by Caesars Entertainment against the state’s top gambling regulator. The Las Vegas company said Massachusetts Gambling Commission chairman Stephen Crosby violated its constitutional rights and unfairly favored a competing casino plan from Wynn Resorts.

Mexico to authorize casinos in tourist resorts

Mexico is preparing to authorize the construction of casinos in popular tourist resorts, including Acapulco, Baja California and the Mayan Riviera. The country’s Interior Ministry said in a press conference last week that the idea was to keep new casinos from springing up in urban areas, where they’re more likely to rely on a local clientele.

The number of new casinos that will be permitted in resorts has yet to be determined. There are currently 297 gambling venues in Mexico and, using a formula based on the number of permits issued by previous federal governments, the new project could result in as many as 775 casinos being developed in resorts popular with affluent tourists.

Hotel chains including the Hard Rock Riviera Maya and Resort Mundo Imperial Acapulco have already confirmed their interest in adding live casino gambling to the list of amenities they can offer their guests. The head of the Mexican Association of Professional Real Estate Agents said certain unnamed “Las Vegas-based firms” had already expressed interest in setting up shop at resort properties in Cancun.

Mexico is currently in the process of passing its new Federal Betting and Raffles Law. The bill was approved by the House of Representatives in December and will be discussed in the Senate later this month. Maria Marcela González Salas, the Director General of Gaming and Raffles, said there is still time to amend the bill to include the resort casino project.

BRINGING ORDER FROM CHAOS

The new legislation is an attempt by Mexico’s new federal government to exert some control over the country’s chaotic casino industry. The legislation will require current casino licensees to reapply for licensing, which the head of the country’s gaming association has warned could spark a flurry of court challenges if many of these operators are denied new licenses.

Last May, federal authorities took action against several casinos operated by Entretenimiento De Mexico (EMEX), including the Playboy Club in Cancun. The authorities said EMEX had failed to legally establish the legitimacy of its operations. In 2013, Mexico reduced casino license terms from 40 to 25 years and revoked the ability of casino licensees to pass licenses on to other operators.

Dutch authorities break up “professional, large scale” sports betting ring

Authorities in the Netherlands have broken up what they described as a “professional, large scale” international illegal sports betting ring. On Tuesday, the Fiscal Information and Investigation Service (FIOD) anti-fraud agency announced that five suspects had been arrested on charges ranging from illegal betting to forgery and money laundering.

The five men – four Dutch nationals and a fifth man living in Cyprus who was temporarily in The Hague – were arrested following raids on homes in Netherlands, Cyprus, Austria, Germany, the UK and Curacao. The raids netted over €100k in seized cash, cars and luxury goods, including Rolex watches.

The six-country investigation began after the FIOD received a tip-off from Germany that one of the suspects was involved in match-fixing in 2008-09, including matches played in the Netherlands. The Netherlands public prosecutor says investigations have yet to uncover any proof of this alleged fixing activity.

The Netherlands takes a particularly dim view of illegal gambling activity, routinely vying with neighboring Belgium to see who can dole out the biggest six-figure penalties to operators not expressly authorized to accept wagers from its citizens. One of the five accused, a 58-year-old man from The Hague, is facing charges of operating an illegal lottery. Similar charges resulted in an €80k fine for an elderly couple from Austria who dared offer an online house lottery with a Dutch-language option.

The Netherlands is in the process of liberalizing its online gambling market but the Remote Gambling Bill is taking the long way around to passage. Latest progress reports had pegged a summer vote in the country’s upper house and an early 2016 timeline for the bill’s provisions to be actually implemented.

AG Nominee Loretta Lynch Says DoJ Wire Act Interpretation Reversal Unlikely

Attorney General nominee Loretta Lynch has said that while she will review the Department of Justice’s (DoJ) reinterpretation of the Wire Act, a reversal is unlikely. In 2011, the DoJ’s Office of Legal Council (OLC) offered a 13-page legal opinion that revised its stance on the Wire Act of 1961, stating it believed that the […]

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NBPA exec Michele Roberts wants sports gambling discussion

National Basketball Players Association Executive Director Michele Roberts is jumping in on discussions surrounding legalized sports gambling, echoing the thoughts of NBA Commissioner Adam Silver on the possibility of expanding the scope of legal sports betting on more US states.

In an interview with ESPN’s “Mike & Mike” earlier this week, Roberts made it clear that while she and the player’s association have no stance on the issue at this time, it’s come to the point that there should at least be some kind of discussion happening on how the players and team owners can reap the financial benefits of an industry that’s estimated to be in the billions.

“Everyone has known for years that there is a ton of money being made that’s not being enjoyed, frankly, by the people who are creating the games, both the owners and the players,” Roberts told Mike & Mike. For her part, Roberts also told the radio show that she’s already had some discussions with NBA players about the possibility of seeing an expanded legalized sports betting environment.

It’s an admittedly brave to stance to take, especially since Roberts is representing the affairs of the players themselves and not necessarily the league and the team owners. Given how both players and team owners could stand to benefit from a legalized sports betting environment, it’s incumbent upon Roberts to encourage some kind of discussion on the issue because of the potential financial windfall the industry could have on the sport and its participants.

“I know all the negatives that up to today have kept gambling outside of the realm of what is appropriate in terms of sports,” Roberts added. “But let’s not ignore the big elephant in the room. There’s a lot of money being made.”

Her stance, or at least a part of it, is similar to what NBA Commissioner has said numerous times in recent months. Like the NBPA exec director, the commissioner also pointed out how the industry today has the potential to make more money from a legalized sports gambling structure given how much money is already being exchanged – reported to be close to $400 billion a year – in underground betting markets in the US alone.

Roberts added that she and Silver have yet to sit down and talk about the issue, but with the NBA’s next collective bargaining session on the horizon, it’s safe to say that the topic of legalized sports betting will be broached at one point or another.

Guts.com exits Germany; federal betting laws attacked from inside and out

Malta-licensed online gambling operator Guts.com has announced it’s withdrawing from the German market after a recent court case involving a player fined €65k for playing on an unauthorized international online casino site.

Guts.com affiliates reported receiving emails this week telling them that German accounts will be locked “from 16th February 2015.” Withdrawals will be processed following that date but affiliates will no longer be able to send German players to Guts.com. The decision mimics the recent withdrawal from Germany of the Gibraltar-licensed Mansion Group.

Guts.com apologized for the inconvenience but said the move was necessary due to the recent Munich court verdict, which “goes against everything the [European Union} stands for.” Guts said it expects the verdict to be overturned, but until then, caution was the name of the game.

GERMAN BETTING ASSOCIATION TELLS GOV’T TO GET A MOVE ON

Germany currently permits only online sports betting and even that situation is legally murky. The 20 federal online sports betting licenses issued in September are currently mired in legal limbo as non-recipients challenged both the artificial cap on the number of licenses and the flawed licensing process.

This week, the recently formed sports betting industry group Deutsche Sportwettenverband (DSWV) said the legal uncertainty has been a boon to the “booming black market.” The DSWV, whose members include both domestic and international operators, said the situation is “only a logical consequence of the German licensing chaos.” The DSWV would love to “immediately initiate legal action against illegal vendors” on its own initiative but until its members’ had some legal clarity regarding their own status, “our hands are tied.”

The DSWV also believes the licensing process needs to be resolved as a matter of fairness to the private operators who pay the bulk of the country’s betting taxes. Citing figures from the Ministry of Finance, the DSWV said private sports betting operators paid 97% of the total €226m in federal betting tax in 2014, leaving just 3% contributed by state-owned operator Oddset.

Florida sports betting bust; Minnesota betting bill; NJ v. Leagues latest

Florida authorities have broken up an illegal online sports betting ring with alleged ties to New York’s Genovese organized crime family. Four individuals appeared at a Broward County bail hearing this week after being arrested with four other men last week following a 16-month investigation.

The accused are facing multiple counts of bookmaking, racketeering conspiracy, money laundering and using two-way communications to facilitate a felony. The credit betting ring reportedly used password-protected websites based outside the country to process wagers while moving money via a network of agents and couriers. Police seized $1.2m from bank accounts, safe deposit boxes and the defendants’ homes.

The multi-state operation, which involved 10 different law enforcement agencies including the FBI, has connections to the federal indictment in August of reputed Genovese family member Daniel Pagano. Broward County Sheriff Scott Israel said the Florida arm of the ring took in $1.2m since the investigation began in 2013.

MINNESOTA INTRO’S SPORTS BET BILL

As promised, Minnesota state Rep. Phyllis Kahn introduced the latest version of her sports betting bill this week. The HF 765 legislation (read it here) would allow Minnesotans 21 years of age or older to place wagers on sporting events except those involving collegiate events featuring Minnesota teams.

The bill envisions a prime role for the Minnesota Lottery, either offering wagers on its own or in conjunction with a private operator, or merely acting in an oversight capacity. Wagers would have to be made in person – no internet wagers allowed – at ’sports wagering lounges,’ which could include state racetracks. Net winnings will be taxed at 8%. Rules for maximum wagers, the use of credit, the types of wagering tickets and license fees have yet to be determined.

If approved, the bill would take effect July 1, 2015. Should the bill pass, Kahn has said she hopes the state will challenge the 1992 federal PASPA sports betting prohibition in a different federal court district than the one that keeps knocking back New Jersey’s efforts to introduce its own legal sports betting system.

Sex predator allowed to spend lottery winnings despite looming lawsuit

A Mount Dora sexual predator who won a lottery prize is free to spend his winnings despite a pending lawsuit brought by two men who say he abused them as children, a judge ruled Friday. Timothy Poole, who pleaded guilty to a 1999 charge of attempted sexual battery on a child younger than 12, claimed a $3 million prize from a Super Millions scratch-off game in December.

California tribes, Caesars Entertainment offer PokerStars an olive branch

California’s online poker stakeholders moved a little closer to consensus this week after three of the state’s tribes and casino operator Caesars Entertainment voiced softer stances on so-called ‘bad actors’.

Pechanga.net writer Dave Palermo obtained a letter written by the three tribes – the Rincon and Pala Bands of Luiseño Indians and the United Auburn Indian Community – to Assemblymen Reggie Jones-Sawyer and Mike Gatto, the authors, respectively, of the state’s two current online poker bills, AB 167 and AB 9.

The letter (read it here) paints its authors as online poker Rodney Kings, wondering why we can’t all get along. The tribes say they now support AB 167’s inclusion of state racetracks as eligible online poker operators along with federally recognized tribes and state cardrooms.

The letter also says ‘bad actors’ – which refers generally to operators who continued to take wagers from Californians after Dec. 31, 2006 but is primarily aimed at online poker titan PokerStars – should be redefined in terms of “personal participation in unauthorized gaming.”

The letter’s authors say they recognize that “control of an entity may change over time in a way that resolves regulatory concerns.” Such a view would seem to offer hope for Amaya Gaming, which purchased PokerStars last June from those nefarious Scheinberg fellows.

But Amaya isn’t quite off the hook. The letter’s authors say they “have not yet identified a possible consensus position” on so-called covered assets, i.e. the software, database, trademarks, etc. “developed through unauthorized internet gaming.” The tribes want to develop a position “based on considerations of fairness, regulatory integrity and legal requirements at issue.” So Amaya can operate online poker in California, but they might have to buy back the Ongame software they just sold to NYX.

The letter is a stark turnaround for the three tribes, who were among the 13 tribes who supported a 2014 bill that would have expressly kept PokerStars out of the market. In November, another member of those 13, the San Manuel Band of Mission Indians, defected to the other side, i.e. the Morongo Band of Mission Indians and three of the state’s largest card clubs, who have inked a technology deal with PokerStars.

Chris Christie Accused of Blocking PokerStars in New Jersey

The battle over legalized online gambling in the United States went mainstream on Thursday when Business Insider published an in-depth column detailing the relationship between New Jersey Governor Chris Christie and billionaire casino mogul Sheldon Adelson, and how that relationship may be keeping PokerStars’ online gaming license application on ice in the Garden State.

Christie’s office laughed off the allegations in their response to Business Insider, calling them “nonsensical” considering Christie signed the 2013 online gambling into law. “The DGE licensing review is an independent, technical process, the length of which varies case by case,” Kevin Roberts, a spokesman for the governor said.

That being said, there certainly is a lot of smoke that signifies there might be some fire.

The Christie/Adelson connection