On January 14, 2019, the U.S. Department of Justice published a legal opinion that may restrict online gambling. The opinion, dated November 2, 2018, (although only now published) reconsidered the DOJ’s 2011 opinion that declared the Wire Act (18 U.S.C. § 1084) only applied to sports gambling. After the release of the 2011 opinion, several states, including New Jersey, Delaware and Pennsylvania, launched or moved forward with intrastate online lottery, casino gaming and poker. The new opinion, however, somewhat clouds the landscape regarding these operations. Online gaming businesses would be well advised to quickly determine whether their operations comply with the DOJ’s new reading.
The reconsideration stems from one phrase in the Wire Act: “on any sporting event or contest.” In 2011, the DOJ opined that the Wire Act was ambiguous and “that the more logical result” was that the phrase “on any sporting event or contest” applied to the entirety of the Wire Act, thereby prohibiting only the transmission of “bets or wagers” or “information assisting in the placing of bets or wagers” across state lines, if the bet or wager were on a sporting event. This logic follows in part from the Act’s legislative history, which reveals that Congress’ overriding goal in passing the Wire Act was to stop the use of wire communications by organized crime for illegal sports gambling. In 2018, the Supreme Court of the United States, in Murphy v. Nat’l Collegiate Athletic Ass’n—a decision that paved the way for states to authorize sports betting,in dicta—noted Congress’ original intent in characterizing a general federal approach to gambling: Operating a gambling business violates federal law only if that conduct is illegal under state or local law.
On January 9, 2019, the New Jersey Division of Gaming Enforcement (DGE) published a set of regulations related to sports wagering and online sports wagering for public comment. The proposed rules include readoptions, amendments, and proposed repeals of the emergency regulations that were previously adopted on June 13, 2018. The proposed rules can be found at: https://www.nj.gov/oag/ge/proposed_rules.htm. The DGE is accepting written comments on the proposed rules until March 8, 2019, which can be submitted either via mail addressed to Charles F. Kimmel, Deputy Attorney General, or electronically to firstname.lastname@example.org.
As a result of the previously reported reimposition of United States nuclear-related sanctions against Iran, on October 11, 2018, the Financial Crimes Enforcement Network (FinCEN) released an Advisory that provides casinos, and other financial institutions, updated guidance for identifying possible Iranian related criminal transactions.
Just as the growth of fantasy sports, sweepstakes and online poker were curtailed by the reach of gambling laws, the latest trends in the $138 billion video gaming industry are attracting an increasing level of unsolicited attention from gambling regulators across the globe. Much of this attention is focused on “loot boxes”.
Yesterday, the District Court for the Middle District of Pennsylvania struck down Section 1513 of the Pennsylvania Gaming Act, 4 Pa. C.S. § 1513, as unconstitutional under the United States Constitution. Section 1513 prohibits gaming license applicants, licensees, and principals of licensees from making any political contributions. Judge Sylvia H. Rambo of the Middle District applied the modified intermediate scrutiny analysis applicable to restrictions on direct campaign contributions under the First Amendment to determine that, although Pennsylvania demonstrated a sufficiently important interest in preventing quid pro quo corruption or the appearance of such corruption, the Commonwealth failed to craft legislation that was closely drawn to achieve that important interest. Continue reading Federal Court Strikes Down Pennsylvania’s Ban on Political Contributions from Casino Interests→
Duane Morris partner Chris Soriano was a guest on the Good Law | Bad Law podcast, “Game on! After a historic Supreme Court decision, sports betting is a go.”
Chris joined podcast host, Aaron Freiwald, to discuss the recent Supreme Court decision that in effect legalized sports betting across the country and the implications this decision may have for the future of gambling, as well as professional sports. Chris also talks about how his interest in the gaming area introduced him to gaming law.
Duane Morris LLP will present “Gaming in New York and Beyond – Looking to the Future,” to be held on Wednesday, August 15, 2018 at the firm’s New York office.
In the wake of the recent U.S. Supreme Court decision overturning the Professional and Amateur Sports Protection Act (PASPA), states now have the ability to legalize and regulate sports betting. Duane Morris has assembled a panel of gaming industry veterans and lawyers to help you understand the opportunities and challenges in this new era of gaming in New York and beyond. Partner Christopher Soriano and associates Adam Berger and Samantha Haggerty will be panelists.
For more information or to register, please visit the event page on the Duane Morris website.
Join Duane Morris attorneys Christopher Soriano and Adam Berger for an overview of trends in internet gaming and other new developments in the gaming industry. Soriano and Berger will discuss the ongoing legal battle over sports betting in the U.S., recent expansion efforts, and recent gaming developments such as internet gaming, eSports, and other emerging gaming categories. The program will also include a discussion of recent litigation and potential changes to come in the industry.
Duane Morris attorney Adam Berger has been reappointed chair of the Pennsylvania Bar Association’s (PBA) Gaming Law Committee, for a second term beginning on May 12, 2017. The PBA Gaming Law Committee is responsible for reviewing, studying and making recommendations concerning legislative proposals in the area of gaming law; promoting the understanding of laws, regulations and court decisions in the gaming area; and developing materials and educational programs of interest to gaming practitioners to promote improvements and professionalism in the field.
For more information, please visit the Duane Morris website for a press release about Mr. Berger’s appointment.
Duane Morris partner Christopher Soriano was a guest on the Chuck and Julie radio show on 710 KNUS, discussing the Supreme Court case that would allow expanded sports gambling all over the United States.