Compliance Updates

Gold Rush Amusements, Inc. Files Counterclaim Alleging Violation of Illinois’ Anti-Inducement Law

Published

4 years ago

May 21, 2020

Daniel Fischer, the principal owner of the Dotty’s chain of video gaming cafés in Illinois, who is also involved in bids for new casino licenses in Rockford and Calumet City, paid just $2 million in 2018 to expand his network by purchasing 63 lucrative Stella’s and Shelby’s video gaming establishments, according to a newly disclosed counterclaim filed by Gold Rush Amusements. At the same time, Midwest SRO, LLC, a terminal operator that already serviced Dotty’s establishments, allegedly paid an additional $44.5 million to Stella’s and Shelby’s owners as part of a calculated sham transaction. The filing alleges that Midwest SRO’s payment violated the Illinois Gaming Act because it constituted an improper inducement to replace Gold Rush as the terminal operator in 44 of the Stella’s and Shelby’s locations.

Disclosure statements filed last summer with the Illinois Gaming Board identified Gordon Sondland as holding an interest of five percent or more in Illinois Café and Service Company, LLC (ICSC), Fischer’s company that owns the Dotty’s chain in Illinois. Sondland, an Oregon hotel developer who recently served as President Trump’s Ambassador to the European Union, was a key witness who changed his testimony in the President’s impeachment proceedings.

The newly disclosed court documents resulted from a Cook County judge’s order lifting confidentiality designations that had previously hamstrung Gold Rush Amusements, Inc., and its executive Rick Heidner from knowing and revealing the details of the alleged sham transaction involving ICSC, Midwest SRO, and Laredo Hospitality Ventures, LLC, the parent company of Stella’s and Shelby’s. The ruling allows Gold Rush and Heidner, for the first time, to fully learn and publicly disclose the details of the transaction, including the allegedly improper inducement paid by Midwest SRO, a Gold Rush competitor.

“Gold Rush has compelling evidence that the Transaction was the culmination of a multi-year, concerted effort between and among Midwest SRO, ICSC, and Laredo (and their principals) to replace the Gold Rush Contracts with contracts benefitting Midwest SRO,” Gold Rush alleges in the newly unmasked court document.

Under state law, establishments and terminal operators must equally split 67 percent of a machine’s profits, while the remaining one-third goes to state and local taxes. In fiscal year 2019, Illinois’ 32,000 video gaming terminals yielded nearly $1.6 billion in net revenue.

A nine-page ruling lifting the document’s confidentiality on March 13 by Cook County Circuit Associate Judge Sanjay T. Tailor also favors the public’s right of access to court documents.

“Equity demands that Gold Rush be permitted to publicly make its claims of wrongdoing against the Establishments and Midwest, and their respective principals, just as the Establishments and Midwest have publicly made their claims of wrongdoing against Gold Rush,” Judge Tailor wrote.

The ruling involves Gold Rush’s counterclaims against 44 Stella’s and Shelby’s gaming cafes in which Gold Rush began accumulating agreements to place its video gaming terminals in 2013. Those 44 establishments sued Gold Rush in early 2019 to terminate the contracts. A year later, Gold Rush filed its counterclaims and additional claims against Fischer, the other principals, and the companies that were involved in the November 2018 transaction, which purported to change ownership of all 63 Stella’s and Shelby’s establishments in suburbs surrounding Chicago. Until now, the details of Gold Rush’s allegation that the parties engaged in an improper sham transaction were shielded by a court protective order that allowed the opposing parties to designate key documents relating to the transaction as “attorneys eyes only,” meaning that Gold Rush’s counsel could not even share the documents with their client.

Now fully public, Gold Rush’s counterclaim alleges that Midwest SRO, and its principal, Allyson Estey, paid more than $44.5 million ― or 95.7% of the value of the deal ― to Laredo, the parent company of Stella’s and Shelby’s, and one of its owners, Gary Leff. The filing alleges that Midwest SRO’s payment was part of a conspiracy to oust Gold Rush as the terminal operator and place Midwest SRO’s video gaming terminals in 44 of the establishments.

At the same time, Fischer’s ICSC, which operates Dotty’s in Illinois, paid just $2,000,001 ― or 4.3% of the deal’s overall value ― to purchase Laredo’s actual assets and cafés, which generate substantial revenue from video gaming. Fischer became involved in Dotty’s when he and his former business partner, Marwin Hofer, purchased Dotty’s Oregon establishments from the chain’s founder, Craig Estey, who is Allyson Estey’s father.

Hofer, a South Dakota businessman, was the initial managing member of a South Dakota limited liability company that continues to hold an interest of five percent or more in Fischer’s ICSC, as does a living trust in the name of Hofer’s wife. Hofer was convicted of federal wire fraud in 2017. The offices of Fischer’s ICSC and Allyson Estey’s Midwest SRO are housed in adjacent business suites in suburban Bensenville.

When the designated confidential documents were produced in the litigation last summer, Gold Rush’s attorneys began to unravel the complex sham transaction. The documents revealed that Leff had agreed to be bound by restrictive covenants that did not exist until the day of the transaction, and Midwest SRO purchased those covenants from Laredo for more than $34.6 million. Leff was also allowed to retain unspecified intellectual property valued at $9.85 million. There was no indication of how the restrictive covenants or intellectual property values were calculated. Leff further received a 10 percent interest in Midwest SRO and the right to have his interest redeemed for $9.85 million approximately a year after the transaction. At the same time, Fischer’s ICSC purportedly purchased the Laredo establishments for $1, and paid just $2 million to acquire the outstanding interests in Laredo.

Gold Rush’s complaint names Fischer, Leff, Allyson Estey, and Charity Johns, who was Laredo’s CEO and became CEO of Fischer’s ICSC, as defendants. The counterclaims and complaint allege that those individuals and their companies ― ICSC, Midwest SRO, and Laredo ― conspired for years to evade the legal restrictions separating establishments, on one hand, and terminal operators, on the other hand. After previously failing to accomplish so-called vertical integration, first through legislation and then litigation, Gold Rush’s adversaries allegedly tried a third route ― conspiring in an improper deal in which Midwest SRO paid an improper inducement to be installed as the terminal operator for all of the Laredo establishments, supplanting Gold Rush in the process.

Judge Tailor’s ruling observed that the opposing parties had repeatedly emphasized their disclosure of the transaction details to the Illinois Gaming Board, “as if to suggest they had obtained its blessing.” However, the IGB did not bless or approve the transaction, the judge noted, but rather said only, in an October 2018 letter, that the state’s video gaming act and rules did not allow the IGB to prohibit the transaction.

Gold Rush also claims that its adversaries provided select or mischaracterized information to the IGB to portray Gold Rush as attempting to disrupt the transaction after it was completed, which became the basis of a disciplinary complaint against Gold Rush. At the time, however, Gold Rush’s Heidner did not know the details of the transaction or that Fischer’s ICSC had paid only $2 million for Laredo’s assets and cafés.

Gold Rush’s counterclaims allege breach of contract, tortious interference with contracts and prospective business advantage, and civil conspiracy. Gold Rush seeks unspecified damages for harm to its business and reputation, as well as attorneys’ fees and costs.

SOURCE Gold Rush Amusements, Inc.

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Compliance Updates

Play’n GO breaks new ground with entrance into third Argentinian province

Published

5 hours ago

May 2, 2024

Zoltan Tundik

Swedish gaming giants’ games now available in the province of Córdoba’s newly regulated market

Play’n GO, the world’s leading casino entertainment provider, has today announced their expansion into yet another new regulated market, as the Swedish gaming giant has agreed a partnership with Betsson in the province of Córdoba, Argentina.

Argentina is currently in a process of regulation for online gaming purposes on a province-by-province basis, and the partnership with Betsson sees Play’n GO enter yet another regulated market, keeping up the momentum from 2023 that saw the company expand its global reach.

This announcement sees Betsson’s players in Córdoba gain access to Play’n GO’s entire catalogue of games, including classics such as Book of Dead, Reactoonz, and Moon Princess.

This announcement is a signal of intent from Play’n GO, who reiterate their commitment to be present in every regulated market in the world.

Michele Stefanelli, Sales Leader, LATAM and Southern Europe, Play’n GO said: “Our first foray into a new region is always exciting for us, and we’re looking forward to a successful partnership with Betsson in Córdoba. Players around the world, and especially in the LATAM region, have already shown their fondness for our content, and we’re quietly confident that this new region will be no different. We are on record with our commitment to a safe, regulated industry, and we’re very pleased to see that approach rolled out globally by lawmakers and operators alike.”

Maximiliano Bellio, Managing Director Betsson Argentina, added: “We’re pleased to welcome Play’n GO to the Betsson family here in the Córdoba region, and we look forward to many years of success together. Like Play’n GO, Betsson is committed to a sustainable industry model, so this partnership makes perfect sense for both parties. We’re sure our players will be as excited as we are once they start playing these games that have proven so popular around the world, so let’s get started.”

Play’n GO’s games are already available in the autonomous city of Buenos Aires and Buenos Aires Province within Argentina’s federal system.

Compliance Updates

OpenBet bolsters compliance technologies with the launch of geolocation product, OpenBet Locator™, powered by Amazon Web Services (AWS)

Published

5 hours ago

May 2, 2024

Zoltan Tundik

OpenBet Locator™ provides a highly flexible, low latency and scalable alternative for global betting and gaming marketplace

OpenBet, a leading content, platform and service provider to the global betting industry, has bolstered its modular product portfolio with the launch of its new flexible and scalable geolocation product – OpenBet Locator™.

Built on the backbone of Amazon Web Services (AWS), OpenBet’s strategic cloud provider, OpenBet Locator™ is a low latency solution that enables operators worldwide to locate, promote to, and monitor customers, remaining fully compliant with regulatory requirements.

The technology strengthens OpenBet’s reputation for market-leading player protection and compliance following the company’s acquisition of Neccton in 2023. With OpenBet’s regulatory reach and multiple licenses, brands will be able to ensure seamless and swift integration of its trusted and compliant technology into their ecosystem.

Initially targeting the North American market, the solution will feature a number of components, such as:

Fully flexible geo-fence management and high precision location tracking
Fraud prevention combined with real-time virtual private network (VPN) and location spoofing detection
Player targeting for customer relationship management (CRM), data analysis and in-venue promotions
Multi-tenanted solution that supports travelling wallet
Easy and flexible configuration options to streamline business operations workflows

The product is underpinned by OpenBet’s unrivalled expertise within the global betting industry and is designed to remove the friction of geolocation to the end-customer’s onboarding process.

Jordan Levin, CEO of OpenBet, said: “Introducing OpenBet Locator™ is an exciting move for us and takes our modular product offering to a new level. Built in-house and leveraging AWS technology, we have developed a strong proposition that can be tailored to meet unique business needs.

“As a pioneer within the global sports betting arena for over 25 years, we have an in-depth understanding of the challenges and opportunities operators face within highly regulated markets. OpenBet Locator™ is a scalable, compliant and dependable geolocation solution that removes the barriers to operators’ success.”

Compliance Updates

Gaming CEOs Optimistic on Industry Outlook, Report Evolving Industry Challenges

Published

2 days ago

April 30, 2024

Peter Tolan

Amidst an evolving economic landscape, gaming executives report a positive outlook on future industry business conditions while remaining satisfied with the current business environment, according to the American Gaming Association’s (AGA) Gaming Industry Outlook.

Nearly all gaming executives surveyed characterized the current business environment as good (44%) or satisfactory (50%), mirroring similar sentiment from Q3 2023. Meanwhile, executives are more optimistic about future conditions, with 32 percent of CEOs expecting business conditions to improve over the next six months, up from 20 percent in Q3 2023.

“Gaming’s record-setting growth over the last three years has set a new standard for industry success,” said AGA President and CEO Bill Miller. “However, as we enter a period of market normalization, continued investment and innovation in offering world-class, responsible entertainment experiences will be required to maintain industry momentum.”

Gaming Executive Panel

Gaming executives have become more positive in their views that overall balance sheet health will improve over the next 6 months (42% net positive), but they expect the pace of revenue growth (13% net negative) and new hiring (22% net negative) to slow. These expectations for decelerating growth have influenced expectations for increases in capital investment and gaming units in operation, with smaller net positive sentiments than before.

In contrast to past Outlooks, gaming equipment suppliers are slightly pessimistic about the sale of gaming units for replacement use and new or expansion use (both 13% net negative). However, they remain optimistic about the pace of capital investment (38% net positive).
Half of operator CEOs expect capital investments in hotels over the next year to be higher than normal, and compared to last fall, more also expect higher than normal levels of capital investment in meetings and conventions and table games (28%). Meanwhile, 44 percent of CEOs expect increases in food and beverage investment, down from 67 percent in Q3 2023.

These expectations are also informed by evolving macroeconomic challenges. Executives report that inflationary or interest rate concerns continue to be a major factor limiting operations (28%), but these have been overtaken by geo-political risk (34%) and uncertainty of the economic environment (34%) as the biggest limiting factors in the most recent Gaming Executive Panel.

Current Conditions Index
The Current Conditions Index of 102.8 for Q1 indicates solid annualized real economic growth in the industry of 2.8%. This includes gaming revenue, employment and employee wages and salaries. Notably, the Current Conditions Index shows gaming expanding faster than the overall U.S. economy which last week reported 1.6 percent GDP growth in Q1 2024.

Future Conditions Index

The Future Conditions Index stands at 102.2, indicating annualized industry economic activity, after controlling for underlying inflation, is expected to moderately increase over the next six months. This outlook reflects Oxford Economics’ forecast that the U.S. economy will slow during 2024 but avoid recession. Despite a projected economic slowdown, consumer survey results continue to indicate that more than one-third of adults expect to visit a casino during the next 12 months, consistent with prior quarter results.

About the Outlook

The AGA Gaming Industry Outlook is prepared biannually by Oxford Economics. It provides a timely measure of recent industry growth and future expectations. The Q1 2024 survey was conducted between March 28 – April 10, 2024. A total of 32 executives responded, including executives at the major international and domestic gaming companies, tribal gaming operators, single-unit casino operators, major gaming equipment suppliers, and major iGaming and/or sports betting operators.