Compliance Updates
NIGC Announces Departure of Chairman E. Sequoyah Simermeyer
The National Indian Gaming Commission (NIGC) announced the resignation of E. Sequoyah Simermeyer, as the chairman of NIGC, effective Saturday, Feb. 24, 2024.
Simermeyer, confirmed by the U.S. Senate in November 2019, led the Agency through unprecedented challenges of a global pandemic. During this time, the Agency helped set the regulatory conditions for a multi-year, post-pandemic recovery, where Indian gaming gross revenues rose to a record $40.9B last year. Prior to his tenure as chairman, Simermeyer served with NIGC as associate commissioner and director of the Office of Self-Regulation since 2015.
Reflecting on his time at the Agency, Simermeyer said, “I’ve witnessed firsthand how tribes across the Indian gaming industry have pursued economic sustainability through gaming by relying on – and cultivating – the robust regulatory reputation for which Indian gaming is well known, and made better when supported by effective and efficient measures by Indian gaming’s regulators. I’m proud of the integral part this Agency has played in meeting the challenges of an evolving industry, and encouraged that NIGC’s strong cadre of professionals will continue to work hand-in-hand with gaming operations to ensure tribal gaming remains primarily for the benefit of its citizens as the Indian Gaming Regulatory Act (IGRA) mandated 35 years ago.”
From day one, Simermeyer established industry integrity, preparedness, outreach, and Agency accountability as strategic goals for the Agency, leading NIGC through a period of growth and expansion of programs and services available to gaming tribes.
Under Simermeyer’s leadership, the Agency took steps to grow its capacity to provide outreach, training and technical assistance to gaming tribes, notably formalizing its Environmental Public Health and Safely (EPHS) program to assist tribes with overall operational preparedness, and expanding the Agency’s ability to provide cybersecurity technical assistance as the industry faced emerging threats from cybercrimes, including NIGC’s first Chief Information Security Officer. His “3 for 35” campaign for workforce preparedness, aimed at building regulatory capacity to future-proof tribal gaming, was also an Agency signature outreach effort during his tenure.
NIGC’s efficient and effective approach to regulation was driven by its formalized, collaborative tribal consultation process, where over the past three years, the Agency published eight final rules to keep pace with changing regulatory conditions and industry best practices, while allowing tribes the maximum flexibility allowed under IGRA to pursue efficiencies intended to help operations grow and thrive. To further strengthen its compliance and oversight functions, the Agency also rolled out the “Report a Violation” tool on its website to allow for reporting suspected IGRA violations. NIGC also provided important clarity in the wake of industry-wide questions arising from emerging topics such as significant court decisions on sports betting, the impact of cannabis on licensing and the use of gaming revenue, and the independence of tribal gaming regulatory bodies.
Simermeyer also positioned the Agency as a lead collaborator with federal agencies and organizations similarly dedicated to the success of tribal gaming. NIGC’s annual multiagency Cybersecurity Symposium, Anti-Money Laundering/Banking Security Act (Title 31) regulatory training conference and ongoing partnership with the Department of Homeland Security’s Blue Campaign to prevent human trafficking, are all examples. He also led the Agency to pursue memoranda of understanding with federal agencies like the Federal Reserve Bank of Minneapolis, to promote a shared interest in researching the impacts of lending to tribes engaged in gaming and facilitating tribal access to capital.
Focusing on Agency operations, Simermeyer led the Agency through a multi-year IT security modernization plan to improve NIGC’s internal cybersecurity and resilience. Additionally, he transformed the Agency’s Criminal Justice Information System (CJIS) Audit program to better align with FBI requirements. As another step towards transparency and accountability, the Agency reimagined its fiscal annual report to better tell the story of its commitment to preserve and protect Indian gaming under IGRA, and the stories of the employees behind it. Perhaps most important, under Simermeyer’s leadership, the Agency achieved a 91% employee satisfaction rating on the 2023 Federal Employee Viewpoint Survey (FEVS), making the NIGC one of the best places to work in the federal government.
On transitioning to the next stage of his career, Simermeyer is grateful for his nearly nine years with the Agency. “My time with NIGC has been some of the most memorable and impactful years of my career. As a Native person, I’m truly blessed to have been surrounded by experts dedicated to protecting and preserving the valuable resource Indian gaming represents for our communities. I’m thankful for the advice and counsel of my fellow commissioners and NIGC staff, and the support and hard work of the nearly 5,000 tribal regulators who work alongside NIGC day-in and day-out to keep Indian gaming strong now, and for the next 35 years,” said Simermeyer.
Additional details regarding the transition will be forthcoming.
Compliance Updates
JCM Global Receives Approval to Operate in West Virginia
JCM Global announced that it has successfully passed regulatory review and received a manufacturer’s license from the West Virginia Lottery Commission. The license enables JCM to directly sell to and service customers in the state.
“At JCM, we are committed to our customers. While attaining licensing was not required, we pursued it because it allows us to directly provide JCM’s leading technology and advanced systems, backed by our world-class service, and support, resulting in faster service times and simplifying the entire relationship between JCM and our customers,” said JCM SVP – Sales, Marketing & Operations Dave Kubajak in a statement.
JCM recently announced it has attained licenses in Colorado and New Mexico, bringing the company’s total number of active gaming licenses to 177.
In West Virginia, JCM will provide technology, including the iVIZION bill validator; ICB Intelligent Cash Box System, which boosts security and efficiencies across the gaming floor; and the GEN5 thermal printer, which delivers TITO, personalized promotions, and rewards directly to the player.
Australia
AUSTRAC Takes Ladbrokes and Neds’ Operator – Entain – to Federal Court Over Serious Non-compliance with Australia’s Money Laundering Laws
AUSTRAC commenced civil penalty proceedings in the Federal Court against Entain Group Pty Ltd (Entain), which operates online betting sites including Ladbrokes, Neds and other online betting brands. The proceedings allege serious and systemic non-compliance with Australia’s anti-money laundering and counter-terrorism financing (AML/CTF) laws.
AUSTRAC CEO Brendan Thomas said the agency considers there were systemic failures in Entain’s approach to its AML/CTF obligations.
“AUSTRAC’s proceedings allege that Entain did not develop and maintain a compliant anti-money laundering program and failed to identify and assess the risks it faced. We are alleging this left the company at serious risk of criminal exploitation.
“Money laundering is often a symptom of serious criminal activity, including fraud, scams and corruption, all of which have equally serious effects on our communities,” he said.
AUSTRAC’s allegations include that:
• Entain’s board and senior management did not have appropriate oversight of its AML/CTF program, which limited its ability to identify the ML/TF risks it faced and its vulnerability to criminal exploitation.
• Entain operated a 24/7 business through its website and app, which created risks that persons unknown to Entain could access and use Entain’s betting platform including through third party providers.
• Third parties, including businesses and individuals, accepted cash and other deposits on behalf of Entain to be credited into betting accounts in ways that could obscure the proceeds of crime. Cash is less transparent than other forms of money and is at higher risk of being the proceeds of crime.
• Entain did not have appropriate controls to confirm the identity of customers making these deposits and the source of this money.
• Entain did not conduct appropriate checks on 17 higher risk customers, including examples where Entain did not appropriately deal with the risk that its online betting sites were being exploited by criminals to spend the proceeds of serious crime. This includes allegations that Entain deliberately obscured the identity of some high risk customers, on its own systems, through the use of pseudonyms to “protect their privacy”.
“This is the first time AUSTRAC has brought civil penalty proceedings against businesses operating in the online betting sector, and the Australian arm of Entain is part of one of the world’s largest sports betting and gaming groups,” Mr Thomas said.
“The online betting sector, and all other businesses regulated by AUSTRAC, must take their AML/CTF obligations seriously. This includes ensuring they have appropriate procedures to know who their customer is, even when they rely on third parties to process transactions.”
The action taken is part of AUSTRAC’s ongoing work focussed on gambling businesses in Australia to fight money laundering opportunities in the gambling industry. Following the Federal Court ordering Crown pay $450million in penalties over 2 years in 2023, this year AUSTRAC has seen the Federal Court order SkyCity to pay $63M penalty for breaches to the AML/CTF Act, accept an enforceable undertaking from Sportsbet, continue the Federal Court case against Star and are continuing the regulatory focus on a number of other gambling entities across Australia.
Additionally, the launch of the money laundering National Risk Assessment this year highlighted the highly exposed nature and vulnerability to money laundering online betting agencies face. This valuable resource has been developed support business better understand and develop appropriate measures to mitigate their risks.
It is now a matter for the Federal Court of Australia to determine whether Entain contravened the Act and, if so, what orders to make. AUSTRAC will not provide further comment on this enforcement action while the matter is before the Court.
Non-confidential Court documents related to the Entain matter will be available on the enforcement actions taken page in due course.
“AUSTRAC continues to actively driving out money laundering opportunities in Australia’s gambling industry and we’ll be tireless in our efforts to remove the ability for criminal to use our financial system to their own gain,” Mr Thomas said.
The post AUSTRAC Takes Ladbrokes and Neds’ Operator – Entain – to Federal Court Over Serious Non-compliance with Australia’s Money Laundering Laws appeared first on European Gaming Industry News.
Asia
Former Thai Police Chief Torsak Faces Investigation for Bribery
Thailand’s National Anti-Corruption Commission (NACC) has initiated an investigation into former Royal Thai Police commissioner-general Pol General Torsak Sukvimol and seven others for alleged bribery linked to illegal gambling operations.
According to Thai media, this decision follows accusations that Torsak demanded money and assets from 18 gambling websites and other illicit businesses during his tenure as national police chief from October 2023 to September 2024.
NACC secretary-general Sarote Phuengramphan stated that sufficient evidence, including witness testimonies, has been gathered to justify the investigation, with the commission overseeing the inquiry.
In addition, the NACC is examining separate allegations against former deputy national police chief Pol General Surachate Hakparn, who is accused of accepting bribes from gambling sites and involvement in money laundering. Sarote indicated that more information is needed before proceeding with this case.
Torsak had been suspended in March due to conflicts with Surachate but returned to duty in June until his replacement by Pol General Kitrat Phanphet on October 1. Surachate, known as “Big Joke,” was removed from his position by royal command.
The post Former Thai Police Chief Torsak Faces Investigation for Bribery appeared first on European Gaming Industry News.
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