Legal Archives

September 12, 2023

West Flagler mulls Supreme Court appeal after rehearing denied

After the DC Circuit Court of Appeals denied West Flagler's rehearing motion, the plaintiff will weigh up whether to appeal the matter to the Supreme Court.

In a one-sentence response to West Flagler’s petition the court denied the motion, in the latest twist for the two pari-mutuel betting operators seeking to challenge the Seminole Tribe of Florida’s compact with the State of Florida.

“Upon consideration of appellees’ petition for rehearing en banc, the response thereto, and the absence of a request by any member of the court for a vote, it is ORDERED that the petition be denied,” read the court’s statement.

West Flagler had been seeking an en banc rehearing, meaning the case would be heard by the entire bench of the court, as opposed to the panel of three that ruled in the original case, West Flagler Associates Ltd vs Haaland.

The outcome of the case saw the Seminoles permitted to offer mobile sports betting statewide by confirming the federal legality of the state’s “hu..

September 11, 2023

Missouri sports betting fight could be reignited as new petitions filed

Lawmakers in Missouri are set to again consider plans to legalise sports betting after a series of new petitions were filed in the US state.

Several efforts to launch legal wagering in the state have fallen by the wayside in recent years. However new petitions suggest further proposals and bills could be on the way in Missouri.

Missouri’s secretary of state, John Ashcroft, is accepting comments on four petitions. All filed by Alixandra Cossette, an attorney at Stinson LLP, they relate to legalising sports betting in Missouri in some form.

Petitions propose legal sports betting in Missouri

The four petitions – 2024-135, 2024-136, 2024-137 and 2024-138 – all map out plans for online and land-based gambling.

Each of the petitions refers to the same set of proposed rules for sports betting.

Operators may only hold one licence, with retail permits costing up to $250,000 and online $500,000. Licensees will pay tax at a rate of 10% of gross gambling revenue from sports betting.

If the..

September 8, 2023

Iowa athletes plead guilty to reduced charges

Five current or former Iowa State athletes have submitted guilty pleas to underage gambling as part of a state investigation into sports betting.

The pleas by quarterback Hunter Dekkers and offensive lineman Jake Remsburg, plus former players Dodge Sauser and Aaron Blom and ex-ISU baseball player Gehrig Christensen, were to reduced charges of underage gambling.

The original charge collectively dropped for the quintet – tampering with records – would have carried a maximum penalty of two years in prison. However, each athlete will now pay a $645 fine. None will face further criminal action.

Reduced charges

“The original records tampering charge against these young men never fit this case, either legally or factually,” attorney Mark Weinhardt, who represents Dekkers, Remsburg and Sauser, said in a statement.

“Hunter, Jake and Dodge are not and never were guilty of that charge. The charge has nothing to do with gambling. Other than the fact that Hunter, Jake and Dodge placed some bet..

September 1, 2023

DOI blasts West Flagler over Florida sports betting rehearing request

The US Department of Interior (DOI) has hit back at West Flagler’s “strawman arguments” over its request for a rehearing in the Florida sports betting case.

In a 25-page response, the DOI criticised the en-banc hearing request by two Florida pari-mutuel betting operators, after the businesses lost their case in the DC Circuit Court challenging the Seminole Tribe’s compact with the State of Florida.

The compact, through its “hub and spoke” model, grants Seminole the exclusive right to offer online sports betting in the Sunshine State. The tribe plans to launch the offering through its Hard Rock Bet brand.

the original ruling cleared the compact’s “hub and spoke” model from federal objections

‘Rehearing is unwarranted’

The department pushed back against the “erroneous assertions” of the pari-mutuels. It argued the compact does not legalise the placing of bets. As evidence, it highlighted that the court’s decision does not prevent the plaintiffs from challenging the compact in the s..

August 30, 2023

Episode 21: The next step for Brazil

On the 21st episode of the World Series of Politics, hosts Brandt Iden and Brendan Bussmann are joined by Neil Montgomery, founding and managing partner at Montgomery & Associados and Hugo Baungartner, VP for global markets at Aposta Ganha to take an intercontinental deep dive into Brazil.

But before heading over to LatAm, our hosts discuss the progress made in Florida since episode 20 was released.

In the weeks since, West Flagler filed an en banc rehearing. Instead of dismissing this petition, the court has asked the Seminoles for a response – which is due on 31 August.

With so much red tape, it’s assumed that sports betting in Florida will not come any time soon. However, the idea that it could launch during the upcoming NFL season is not out of the realms of possibility.

What’s on the cards for Brazil?

Meanwhile, in Brazil, Neil Montgomery says “anything’s possible”.

The country regulated sports betting in July, after president Luiz Inácio Lula da Silva signed the Provisional..

August 22, 2023

College betting lands Fox Bet with $80,000 New Jersey penalty

New Jersey’s Division of Gaming Enforcement (DGE) has ordered Fox Bet to pay an $80,000 fine (£62,592/€73,371) for accepting bets on college basketball games taking place in the state.

The DGE filed several complaints against Fox Bet, the sports betting joint venture between Flutter Entertainment and Fox Corporation, for violating the ban on betting on college teams based in the state.

Offences stretch back to 2021, starting with the NCAA basketball game between New Jersey’s Rutgers University and Northwestern University on 13 February 2021. Markets on another game featuring Monmouth University in November that year were also spotted by the regulator.

Fox Bet then admitted two further breaches, for games involving Fairleigh Dickinson and Seton Hall University, in December 2021 and January 2022 respectively.

This amounts to a breach of the New Jersey Casino Control Act, DGE executive director David Rebuck said, ordering the business to pay $80,000 to settle the case.

News of the..

August 16, 2023

FL sports betting hits latest obstacle as rehearing petition filed

The relaunch of the Seminole Tribe’s Hard Rock Bet online sportsbook may face another delay, as pari-mutuel betting operator West Flagler Associates files a petition calling for a rehearing of the case it lost on 30 June.

On 14 August, West Flagler submitted a petition for rehearing to the DC Circuit court, following the betting operator’s loss in the recent West Flagler Associates vs Haaland case.

This case cleared the path for the Seminoles to offer sports betting statewide in Florida, by confirming the state’s “hub-and-spoke” model sports from federal objections.

West Flagler file en banc rehearing

West Flagler’s filing called for an en banc rehearing. This means the case would be reheard by all judges on the bench at the DC Circuit Court, as opposed to the panel of three that heard the original case.

According to the Yale journal on regulation, a successful en banc rebench petition is a rare event in the DC Circuit.

the dc circuit rarely grants a en banc rebench petition

August 14, 2023

World Series of Politics takes on Florida sports betting in bumper 20th episode

It’s the 20th episode of the World Series of Politics: Brandt Iden, Brendan Bussmann and Robin Harrison are joined by two legal experts to pick through the Florida sports betting case in this special episode.

Florida’s sports betting market came to an abrupt halt just weeks after launch when a legal challenge blocked the Seminole Tribe of Florida’s updated compact with the state.

After two years of legal action the DC Circuit Court reversed the decision, paving the way for the Seminoles and Hard Rock Digital to relaunch. That may come as soon as this month.

Does Florida sports betting face further challenges?

But how deep does the ruling go? The case clears the way for a relaunch, but steers clear of ruling on whether the compact should have been permitted without a constitutional amendment. That issue goes back to the Florida courts to decide.

does the seminoles’ sports betting agreement need to be ratified by a state referendum?

What this ultimately means, and whether it gr..

August 11, 2023

Four more charged in Iowa State gambling investigation

Prosecutors in Story County, Iowa have charged four more Iowa State football players for tampering with records.

The charges come as part of the Iowa Division of Criminal Investigation’s (DCI) sports integrity probe.

Among those charged was Iowa State running back Jirehl Brock. He is accused of placing four bets on games involving his own team. Prosecutors allege that he played in two of these games.

The first round of charges were issued on 1 August. At that time, seven individuals were charged.

In May, the University of Iowa reported 26 athletes across five sports were suspected of betting on sports. Betting on sports is against National Collegiate Athletics Association (NCAA) rules.

Use of third party accounts to conceal betting

The four have all been charged with using a third party sports betting account to make bets. This practice would have concealed that the now-charged individuals were placing the bets.

Over the course of his wagering activity, Brock placed 1,327 mobi..

August 11, 2023

Bet365 and FanDuel among applicants for KY mobile betting licence

The Kentucky Horse Racing Commission (KHRC) has received applications for new mobile sports betting licences from seven operators including Bet365 and FanDuel.

Kentucky will open its legal online wagering market next month, as per a schedule agreed last month. This came after the governor, Andy Beshear, approved legal betting by signing off on House Bill 551 in April.

Retail wagering will go live on 7 September, with mobile following on 28 September.

Applications for licences in the state have been open for some time, with the KHRC receiving proposals from a number of major operators.

Joining Bet365 and FanDuel in applying for mobile licences are BetMGM, Caesars, Circa, DraftKings and Penn Sports Interactive.

Kentucky racetracks eye retail licences

In terms of retail permits, the KHRC said seven of the state’s licensed sportsbooks have put forward applications.

These include Churchill Downs in Louisville, Oak Grove Gaming and Racing in Oak Grove, Ellis Park in Henderson, The Re..

August 7, 2023

Victoria bans sports betting on minors

Australia's Victorian Gambling and Casino Control Commission (VGCCC) has announced a blanket ban on betting on all under-19 sports competitions.

The VGCCC’s ban applies to sporting events where all participants are minors. It also prohibits betting in Victoria on the individual performance of athletes aged under 18 who are playing in senior or junior events.

This includes wagering on outcomes such as first goal scorer or first wicket taken, when the player is a minor. However, bets can still be made on team outcomes in senior sports when minors are playing.

Sports controlling bodies have been directed to amend agreements with betting providers to ensure they prohibit offering markets involving minors. The VGCCC said the ban also applies to other sports not governed by an approved sports controlling body.

Sporting bodies and betting operators will have 60 days from 3 August to comply with the new rules. After this period, offering bets on minors could lead to regulatory acti..

August 3, 2023

Pagcor details new regulatory framework for offshore gaming

The Philippine Amusement and Gaming Corporation (Pagcor) has announced details of a new regulatory framework for offshore gaming licensees.

Effective since last month, the new framework is part of inter-agency efforts to tackle illegal offshore activities in the country.

The stand-out measure is that all licensees and service providers are declared probationary. They will need to re-apply for approval from Pagcor before a cut-off date of 17 September this year.

Operators and providers that have been operating illegally will not be considered for a new licence.

“In the present framework, all service providers who are accepting bets are required to apply for a licence,” Pagcor’s assistant vice-president for offshore gaming licensing, Jessa Fernandez, said.

“We will also evaluate the beneficial owners of these companies so that they will be held liable in case they are found to be involved in any illegal activity.

“Entities with findings of activities outside their granted licence..

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Tag: Legal