Compliance Updates
Florida Targets Fantasy Sports Firms Over Possible Illegal Betting Games
Florida gambling regulators have sent cease-and-desist letters to three daily fantasy-sports operators accused of offering potentially illegal mobile betting games and threatened legal action if the sites don’t immediately stop.
Commission Executive Director Lou Trombetta sent letters warning the three companies that they “may be offering or accepting illegal bets or wagers” from Floridians and “may be promoting and conducting an illegal lottery.”
The alleged conduct is “strictly prohibited in Florida and constitutes criminal activity,” Trombetta wrote.
The letters targeted Underdog Sports, LLC, which is based in Brooklyn, N.Y; SidePrize LLC, also known as Performance Predictions LLC, doing business as PrizePicks, which is based in Atlanta; and Betr Holdings, Inc., which is based in Miami.
In fantasy sports, players can draft rosters of actual athletes, with the winners of fantasy games determined by the statistics of the athletes. Many games, like office pools, last all season.
The three companies offer what are known as “parlay-prop-style” games that could be more similar to sports-betting games that are off-limits in Florida.
“Under Florida law, betting or wagering on the result of contests of skill, such as sports betting, including fantasy sports betting, is strictly prohibited and constitutes a felony offense unless such activity is otherwise exempted by statute,” Trombetta’s letter said. “Accordingly, in Florida, sports betting may be lawfully conducted only pursuant to a gaming compact. … Further, receiving such illegal bets and wagers and aiding or abetting such criminal activities constitute separate felony offenses. … Lotteries are also strictly prohibited in Florida.”
A gaming compact is an agreement reached with the state.
The commission did not send letters to DraftKings and FanDuel, which have dominated the fantasy-sports market in the decade since the online games launched.
It was unclear Friday if the commission would crack down on other operators in the future, but emails show the gambling overseers could be casting a broad net.
“As you might imagine, my exec team asking what the letter means and seeking actionable advice, pretty urgently. Would like to discuss the substance at some point, but if you can help with one question, it would be great. Namely, Underdog operates multiple paid fantasy formats (season-long drafts, daily drafts, pick’em) and I just want to confirm my reading of the letter, which is that the legal conclusion applies to all paid fantasy contests — e.g., all of our contests — and not just particular types,” Nicholas Green, Underdog’s general counsel, wrote Friday to Ross Marshman, the commission’s general counsel.
“Your reading of the letter is correct,” Marshman replied.
John Lockwood, an attorney hired by multiple operators, warned that other companies could be swept up in the crackdown.
“The commission staff confirmed to me that the language in the letter broadly applies to all paid fantasy sports contests, and they are not aware of any paid fantasy sports company operating legally in Florida. We disagree on the merits and will be working with the commission and potentially the Legislature so we can ensure Florida sports fans can continue to play,” Lockwood said.
State lawmakers in the past have grappled with creating regulatory oversight for the fantasy-sports industry, to no avail. Proponents of fantasy sports have insisted that the contests are games of skill, not chance, and thus are legal under state gambling laws.
Trombetta issued the letters as a legal battle continues over a 2021 compact reached by the state and the Seminole Tribe. That deal gave the tribe control over sports betting in Florida.
A “hub and spoke” plan in the agreement would allow gamblers anywhere in the state to place bets online, with the wagers run through servers located on tribal lands. The deal requires sports betting to be “exclusively conducted” by the Seminoles but allows other operators to run fantasy sports contests.
Owners of West Flagler Associates and Fort Myers Corp., doing business as Bonita Springs Poker Room in Southwest Florida, filed a lawsuit challenging the compact, saying it violated federal law and would cause a “significant and potentially devastating impact” on their operations.
A federal judge in Washington, D.C., in November 2021 ruled that the deal violated a key Indian gambling law. But a three-judge panel of the U.S. Circuit Court of Appeals for the District of Columbia in June reversed that decision. The appellate court last week denied a request for what is known as an “en banc” rehearing before the full court.
The pari-mutuel owners filed a motion saying they would ask the U.S. Supreme Court to weigh in, arguing the panel’s decision conflicts with other appellate rulings and “enables an extreme shift in public policy on legalized gaming that, once started, may be difficult to stop.”
Cease-and-desist letters cite alleged felonies and underage access tied to BetOpenly, Bookmaker, Club WPT Online Poker, Kutt Inc., and Raffle Creator.
The Arizona Department of Gaming said it has issued cease-and-desist orders to five online platforms—BetOpenly, Bookmaker, Club WPT Online Poker, Kutt Inc., and Raffle Creator—after investigations that the Department says involved alleged illegal gambling activity and underage access in Arizona.
In its announcement, the Department said each enforcement action alleges conduct giving rise to three felonies under Arizona law: promotion of gambling, illegal control of an enterprise, and money laundering. The agency cited Arizona’s prohibition on gambling unless specifically authorized (Ariz. Rev. Stat. Tit. 13, Ch. 33) and said the legal gambling age in the state is 21.
“Arizona is taking decisive action against illegal gambling operators that put Arizonans at risk,” said Jackie Johnson, Department Director. “Our top priority is protecting Arizonans and I’m grateful for the efforts of our intelligence unit led by Chief Law Enforcement Officer Doug Jensen to do just that. Through these cease-and-desist orders we are putting operators on notice: their conduct runs contrary to Arizona law and they must stop promoting illegal gambling.”
The Department’s letters describe different alleged violations by operator. For BetOpenly, the Department said peer-to-peer gambling rules prohibit third-party benefit, and alleged the platform benefited via a commission structure while enabling event wagering and daily fantasy sports contests without the required state licenses, including availability to underage Arizonans. For Bookmaker, the Department said its investigation found wagering on horse racing, casino games, and sports betting without an event wagering license or an advanced deposit wagering provider license, adding that online casino games are not legal in Arizona.
For Club WPT Online Poker, the Department alleged the platform enabled individuals under 21 in Arizona to enter pay-to-play online poker tournaments for prizes while using deceptive “no purchase necessary” language; the Department said online poker is illegal in Arizona. For Kutt Inc., the Department said Arizona “social” gambling prohibits third-party benefit and directed the operator to stop allowing Arizona users to deposit money and wager on sports, politics, pop culture, and casino-style games. For Raffle Creator, the Department said the operator did not meet requirements that allow Arizona nonprofits to conduct lawful raffles and alleged it allowed people under 21 to purchase tickets for prize chances.
The Department said the notified entities are directed to immediately stop all gambling operations and activities in Arizona “whether through mobile applications, online, or otherwise,” and to cease any future illegal gambling in the state. It added that future actions may include criminal charges or civil action against entities, principals, and employees, and that operators “may be subject to a potential award of restitution” and forfeiture of monies acquired due to the alleged conduct.
The post Arizona regulator orders five operators to stop alleged illegal gambling activity appeared first on EE Gaming | Global iGaming & Tech Intelligence Hub.
Compliance Updates
Arizona Department of Gaming Issues Cease-and-Desist Orders to Multiple Operators Linked to Underage Gambling and Illegal Activity
Investigations into five online platforms lead to cease-and-desist orders alleging Arizona felonies: Promotion of Gambling; Illegal Control of an Enterprise; and Money Laundering
The Arizona Department of Gaming (Department) announced today that it has issued cease-and-desist orders to the following entities: BetOpenly, Bookmaker, Club WPT Online Poker, Kutt Inc., and Raffle Creator. Each enforcement action alleges conduct giving rise to the following felonies: promotion of gambling, illegal control of an enterprise, and money laundering. The cease-and-desist orders underscore the Department’s commitment to guard the integrity and safety of Arizona’s regulated gaming market while promoting consumer protection.
“Arizona is taking decisive action against illegal gambling operators that put Arizonans at risk,” said Jackie Johnson, Department Director. “Our top priority is protecting Arizonans and I’m grateful for the efforts of our intelligence unit led by Chief Law Enforcement Officer Doug Jensen to do just that. Through these cease-and-desist orders we are putting operators on notice: their conduct runs contrary to Arizona law and they must stop promoting illegal gambling.”
The cease-and-desist orders outlined below follow Department public safety initiatives aligned with Arizona law, which prohibits gambling unless it is specifically authorized (Ariz. Rev. Stat. Tit. 13, Ch. 33) and where the legal age to participate in gambling is 21 years old.
Regarding BetOpenly, peer-to-peer gambling in Arizona prohibits any third-party from benefiting, and that the peer-to-peer sports betting and casino games on the BetOpenly platform benefited the operator via a commission structure. Further, the Department alleges that BetOpenly enabled event wagering and daily fantasy sports contests without the requisite state licenses, facilitated availability to underage Arizonans, and allegedly engaged in illegal felony conduct: promotion of gambling; illegal control of an enterprise; and money laundering.
View cease-and-desist letter here: gaming.az.gov/sites/default/files/BetOpenly_Signed%20Cease%20and%20Desist_Redacted.pdf
Regarding Bookmaker, the Department found through its investigation that the platform facilitates wagering on horse racing, casino games, and sports betting, without holding an event wagering license or an advanced deposit wagering provider license. Online casino games are not legal in Arizona. The Department alleges that Bookmaker engaged in illegal felony conduct: promotion of gambling; illegal control of an enterprise; and money laundering.
View cease-and-desist letter here: gaming.az.gov/sites/default/files/Bookmaker_Signed%20Cease%20and%20Desist_Redacted.pdf
Regarding Club WPT Online Poker, the Department alleges that the platform enabled Arizona individuals under the age of 21 to engage in pay-to-play online poker tournaments for prizes while using deceptive “no purchase necessary” language. Online poker is illegal in Arizona. The Department alleges that Club WPT Online Poker engaged in illegal felony conduct: promotion of gambling; illegal control of an enterprise; and money laundering.
View cease-and-desist letter here: gaming.az.gov/sites/default/files/ClubWPT%20Online%20Poker_Signed%20Cease%20and%20Desist_Redacted.pdf
Regarding Kutt Inc., the Department warned the operator that legal “social” gambling in Arizona prohibits any third-party benefit, as seen in Kutt Inc.’s operations. The Department directed the platform to stop allowing users located in Arizona to deposit money into accounts and wager on sports, politics, pop culture, and play casino-style games. The Department alleges Kutt Inc. engaged in illegal felony conduct: promotion of gambling; illegal control of an enterprise; and money laundering.
View cease-and-desist letter here: gaming.az.gov/sites/default/files/Kutt%20Signed%20C%26D_Redacted.pdf
Regarding Raffle Creator, the Department identified that the operator, which did not meet the requirements that allow Arizona nonprofits to conduct lawful raffles, allowed people under the age of 21 to purchase tickets for the chance to win prizes. The Department alleges that the operator engaged in illegal felony conduct: promotion of gambling; illegal control of an enterprise; and money laundering.
View cease-and-desist letter here: gaming.az.gov/sites/default/files/Raffle%20Creator_Signed%20Cease%20and%20Desist_Redacted.pdf
With the cease-and-desist orders, notified entities are directed to immediately stop all gambling operations and activities in Arizona, whether through mobile applications, online, or otherwise, and are further directed to desist from any future illegal gambling operations in the state. Future actions may include the filing of criminal charges or a civil action against entities, principals, and employees, and the operators may be subject to a potential award of restitution to those who lost money as well as an action for forfeiture of all monies acquired due to the illegal conduct.
Arizona residents are encouraged to Check Your Bet: verify that any gambling, event wagering, or fantasy sports platform appears on the Department’s list of approved operators before participating. Regulated gaming operators are subject to Arizona statutes and rules, including applicable taxes or financial contributions that benefit the state. Regulated gaming provides important consumer protections, ensuring fair play and fair winnings, data security, accountability, and a safer overall experience.
Consumers may contact the Department about potential illegal gambling activities by emailing [email protected] or by calling 602-255-3886; consumers may remain anonymous when submitting information and tips.
The post Arizona Department of Gaming Issues Cease-and-Desist Orders to Multiple Operators Linked to Underage Gambling and Illegal Activity appeared first on Americas iGaming & Sports Betting News.
Asia
KONAMI GROUP’s Konami Gaming Inc. First to Submit Manufacturer License Application in Japan’s Emerging IR Market
KONAMI GROUP CORPORATION’s long-established gaming & systems group company Konami Gaming Inc. announced it has become the first manufacturer to submit license applications with the Japan Casino Regulatory Commission (JCRC), government regulatory agency set forth by The Cabinet of Japan. Additionally, Konami is the first manufacturer to file across all applicable license categories. These filings represent milestone events for the nation’s regulatory framework, as Japan’s emerging integrated resort (IR) market progresses in responsible development. As a leading manufacturer of casino games and technology in 400+ regulated markets worldwide, Konami is taking proactive measures in support of the Japan IR market, highly relevant to the organisation’s rich heritage as a Japanese company.
“Konami’s early filing demonstrates our commitment and readiness to engage constructively with Japan’s regulatory framework from the outset. We have approached this process with a focus on transparency, preparation, and alignment with the stringent standards established by the JCRC,” said Lori Olk, senior vice president & chief compliance officer at Konami Gaming Inc.
Construction is currently underway for the first integrated resort in Japan—an expansive development planned for 2030 opening by one of the world’s largest casino and entertainment operators. Against this backdrop, Konami’s early submission positions the company to participate during the formative stages of this emerging regulated market. Committed to the long-term health of Japan’s IR market, Konami has invested significant resources in localisation, documentation and operational planning to ensure alignment with the nation’s legal, regulatory and cultural expectations. The supplier has leveraged its longstanding compliance infrastructure, governance processes and global licensing experience to fulfill detailed requirements of the Japanese regulatory framework.
“This milestone in Konami’s application process with the JCRC represents a significant, coordinated effort across multiple business units and jurisdictions, supported by decades of experience operating in highly regulated gaming markets worldwide. As Japan continues to expand its IR framework, Konami remains focused on supporting regulatory objectives and partnering with stakeholders to deliver compliant, high-quality gaming solutions tailored to the needs of the Japanese market,” said Tom Jingoli, president & chief operating officer at Konami Gaming.
The post KONAMI GROUP’s Konami Gaming Inc. First to Submit Manufacturer License Application in Japan’s Emerging IR Market appeared first on EE Gaming | Global iGaming & Tech Intelligence Hub.
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