Compliance Updates
US Supreme Court Refuses to Take Up Challenge to Florida Online Sports Betting Compact
The U.S. Supreme Court on Monday refused to take up a challenge to an agreement that gave the Seminole Tribe exclusive rights to handle online sports betting in Florida, dealing a blow to the deal’s opponents.
The nation’s highest court denied a petition from opponents of the compact, which promises to rake in hundreds of millions of dollars for the tribe and the state.
The decision was the latest setback for West Flagler Associates and the Bonita-Fort Myers Corp., which operate racetracks and poker rooms in Florida. In March, the Florida Supreme Court ruled that the companies had filed the wrong type of petition to challenge the 2021 compact between the Seminole Tribe of Florida and Gov. Ron DeSantis’ administration.
“What’s important with today’s announcement is that the most significant barrier to online sports betting in Florida has been removed,” said Daniel Wallach, a South Florida attorney and sports betting law expert who had filed a brief asking the Supreme Court to either take up the case or reverse it outright.
The companies say the compact gives the tribe a sports betting monopoly in the nation’s third-most populous state and that the U.S. Department of Interior wrongly approved the compact even though it violates the Indian Gaming Regulatory Act, which requires that gambling occur on tribal lands.
The plaintiffs questioned whether online sports bets that can be placed from anywhere in Florida could be considered to be on tribal land when only the computer servers that host the betting services are located there.
They said DeSantis and the Legislature, which approved the compact, improperly exceeded their powers by authorizing sports betting off tribal lands.
In their state court challenge, they argued that the deal creates a backdoor way out of a requirement, passed by voters in 2018 as an amendment to the Florida Constitution, that a citizens initiative is needed to expand casino gambling outside of tribal land. The tribe has argued that the Legislature has the authority to decide where online gambling is initiated and that the amendment doesn’t change that.
Attorneys for DeSantis and the legislative leaders have said that sports betting is different from casino gambling and therefore isn’t prohibited by the amendment.
The tribe launched its online sports betting operation late last year, and Florida’s share of revenues is already $357 million from last December through May. State economic forecasters predict that the revenue sharing from tribal gambling could total $4.4 billion through the end of this decade.
The decision by the Supreme Court “means members of the Seminole Tribe and all Floridians can count on a bright future made possible by the Compact,” the tribe said in a statement.
Monday’s decision could encourage other tribes to follow the same path to operate online gambling, Wallach said.
“Tribes in other states stand to benefit from this decision because now they have a clear roadmap that has cleared judicial review. I would expect to see efforts ramped up in other states,” Wallach said.
Australia
NSW Govt Appoints New Board Members to ILGA
The NSW Government has made appointments to the board of the Independent Liquor and Gaming Authority (ILGA), including a deputy chairperson and two new members.
Associate Professor Amelia Thorpe and Nicholas Nichles have been appointed following a rigorous public expression of interest selection process. Additionally, existing member Chris Honey has been appointed deputy chairperson.
ILGA is a statutory decision-maker responsible for a range of liquor, registered club and gaming machine regulatory functions including determining licensing and disciplinary matters.
The appointments follow the end of the term of appointment for outgoing deputy chairperson Sarah Dinning, and also fill vacancies that existed on the board.
Mr Honey, who was appointed a member of ILGA earlier in 2024, has been named deputy chairperson until the end of his current appointment term (11 February 2027).
Mr Honey has extensive experience in the advisory and restructuring field, including working extensively in highly regulated sectors.
Associate Professor Thorpe and Mr Nichles have both been appointed for four years commencing 6 November 2024.
Associate Prof Thorpe is with the Faculty of Law & Justice at the University of New South Wales and an Acting Commissioner of the NSW Land and Environment Court.
Mr Nichles was previously a Consul General and Senior Trade and Investment Commissioner for Australian Government agency Austrade, based in the US.
The new appointments bring the ILGA board membership to seven. The new appointments will join chairperson Caroline Lamb, new deputy chairperson Mr Honey and current members Cathie Armour, Jeffrey Loy APM and Dr Suzanne Craig.
The post NSW Govt Appoints New Board Members to ILGA appeared first on European Gaming Industry News.
Compliance Updates
Ireland’s New Gambling Regulator to Begin Work on Phased Basis Next Year
Ireland’s new gambling regulator is likely to begin overseeing betting businesses in the Republic midway through next year, industry figures predict.
President Micheal D Higgins recently signed the new Gambling Regulation Act, which overhauls licensing and creates a new authority to govern betting firms, into law. Industry figures forecast that the new regime should begin operating midway through next year, a key point for many businesses as they will have to renew online betting licences by that time.
Government also has to pass several milestones before the new Gambling Regulatory Authority of Ireland can start functioning, including appointing the seven people the body requires.
Minister for Justice Helen McEntee appointed senior civil servant Anne Marie Caulfield as chief executive designate of the authority in summer 2022. Her office has 11 staff. According to the Department of Justice, the State’s Public Appointments Service will shortly begin recruiting the authority’s seven members.
The Minister will appoint the candidates the service recommends.
The department could not say when the authority would start regulating but noted this would happen in a phased “timely manner” after its establishment.
Jack Chambers, Minister for Finance, earmarked €9.1 million for the authority next year in this month’s budget. That includes €4 million for technology.
Ms Caulfield wrote to industry organisations last week confirming that her organisation would begin its work on a “phased basis” but pointing out that it has already completed many preparations. In a statement she said that the authority was committed to keeping the industry fully informed so businesses can “plan for the new regulatory regime”.
Meanwhile, the Public Service Appointments Service last week advertised for someone to head the authority’s social fund. Under the new law’s provisions, betting businesses will contribute to this fund which the authority will use to tackle problem gambling.
Betting businesses regard the fund’s establishment as one of the key steps towards establishing the new regime.
Alongside that, they say that the authority will also have to set up its new licensing system. The law demands that all gambling businesses operating in the Republic be licensed and makes it a criminal offence to operate without a proper permit.
Lawyers at Arthur Cox recently noted that current permits are preserved until licensing sections of the act come into force. Existing high street and online bookies’ licences will have a run-off period, but lawyers said that how this would work in practice depended on how the regulator developed the new system.
Betting businesses are keen that the authority works on a national self-exclusion register for customers who voluntarily ask bookmakers not to take their bets. Currently, most individual bookies have systems where customers who fear they have a problem, or are at risk, can exclude themselves in this way.
The post Ireland’s New Gambling Regulator to Begin Work on Phased Basis Next Year appeared first on European Gaming Industry News.
Compliance Updates
Tennessee Sports Wagering Council Takes Action Against Illegal Sportsbook
The Tennessee Sports Wagering Council through its executive director issued $50,000 in fines to Bovada.lv, an unlicensed and therefore illegal sportsbook operating in Tennessee.
Bovada failed to comply with cease and desist letters delivered to addresses in Curaçao, and Council investigators placed wagers through Bovada’s platform on three separate occasions, including as recently as October 16, 2024.
The Sports Gaming Act authorizes the Council to impose a $10,000 fine for the first offense of accepting wagers without a license, which rises to $15,000 for the second offense, and $25,000 for the third offense. Subsequent offenses may lead to the imposition of a $25,000 fine for each occurrence, an occurrence being a single wager accepted in Tennessee.
In the cease and desist letters, the Council ordered Bovada to allow all Tennessee users to withdraw any funds currently held by the unlicensed sportsbook.
“The Sports Wagering Council recommends that Tennessee users of Bovada withdraw their funds immediately. Our primary role is the protection of the public interest through a safe, regulated environment, and Tennessee sports bettors need to know that just because they can access a sports betting website or app inside Tennessee’s borders does not mean it is licensed to do business here,” Mary Beth Thomas, Executive Director of Tennessee Sports Wagering Council, said.
Legal sportsbook operators provide important bettor protections not found in the illegal market. If an individual wagers with unlicensed sportsbooks, their sensitive financial and personal information may not be protected and could even be shared with criminal enterprises. The bettor’s money could be withheld or disappear without a way to recover it.
The SWC is working closely with its network of law enforcement at the state and federal level to eradicate illegal sportsbooks such as Bovada and others.
Tennessee is the largest “online-only” sports betting market in the US, with more than $4.7 billion wagered in Tennessee last fiscal year through online sportsbooks licensed by the Council.
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