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Compliance Updates

Seminole-Backed Group Claims Fraud in Fla. Casino Initiative

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Seminole-Backed Group Claims Fraud in Fla. Casino Initiative

 

The Seminole Tribe of Florida has gone on the offensive in litigation over a Las Vegas Sands Corp.-backed ballot initiative aimed at opening the Sunshine State to additional casinos, accusing the sponsor of “brazenly violating” Florida election law in its efforts to gather needed voter signatures.
The battle in a Leon County circuit court started with Florida Voters in Charge, the political committee behind the proposal, claiming that parties acting on behalf of the Seminoles, who have held exclusive rights to offer certain casino gaming in the state, improperly interfered with its petitioning. But on Monday, the tribe-backed political committee Standing Up for Florida Inc. and its president, political consultant Pradeep “Rick” Asnani, filed a counter-claim accusing the plaintiffs of illegally paying petition gatherers on a per-signature basis,  shredding certain petitions or forging information on incomplete petitions.
“The Constitution of Florida is under attack,” Standing Up for Florida cautioned, adding, “The counter-defendants’ illicit conduct is an attack on Florida’s election integrity.”
State law requires sponsors of citizen initiatives to gather valid signatures from at least 8% of the state electorate, or 891,000 registered voters, by Feb. 1 to qualify for the November 2022 general election ballot, but the Seminole-backed parties argue that the alleged violations render any signatures gathered by Florida Voters in Charge under such contracts to be null and void.
Standing Up for Florida, which said it has spent “exorbitant resources” to voice its opposition to the initiative and fight the allegedly fraudulent petition gathering, asserted that the per-signature payments are “flatly illegal” under a 2019 law that banned such payments.
It also cited affidavits from an employee and a former subcontractor of Grassfire LLC, a firm that coordinated some of the petition gathering, who testified that in addition to the allegedly illegal contracts, the company also illegally shredded and discarded some petitions that it thought would be rejected by state officials in order to reduce its submission fees, filled in omitted information, such as dates and addresses, and even forged state officials’ signatures.
The counter-claim names Florida Secretary of State Laurel M. Lee and Leon County Supervisor of Elections Mark S. Earley as third-party defendants in connection with its request for a declaratory judgment voiding the submitted signatures. Standing Up for Florida also named the officials in an accompanying emergency motion for a temporary injunction to stop them from counting the disputed petitions.
The ballot initiative, titled “Limited Authorization of Casino Gaming,” would authorize state officials to permit casino-style games, including blackjack, roulette and slot machines, at up to three new casinos, with the restriction that they be located at least 130 miles from existing tribal casinos.
Las Vegas Sands Corp. has poured nearly $50 million into Florida Voters in Charge, according to election finance records, and news reports have suggested that, based on the proposal’s geographic limitations, the global gaming giant is aiming to open a casino in Jacksonville, in the northeast corner of the state.
Florida Voters in Charge sued Standing Up for Florida, another Seminole-backed entity known as Let the Voters Decide LLC and several other parties on Dec. 1. In an amended complaint, it alleged that the defendants have engaged in increasingly aggressive efforts to harass and intimidate its signature collectors. The suit also accuses them of “paying off” these workers by either hiring them away to gather signatures for an unnecessary “sham” petition purportedly related to a new Seminoles gaming compact or simply paying them to stop working on the new casino initiative and, in some cases, leave the state during the process.
A Leon County circuit judge denied Standing Up for Florida’s motion to dismiss, in which it argued that it acted within the state’s open labor market to compete for these workers’ services. But she ordered the plaintiffs to submit contracts that the defendants pointed out were missing to support the interference claims.
In its filings Monday, Standing Up for Florida pointed out that Grassfire produced a redacted copy of its petition gatherer contract form, but publicly available copies of the form showed Grassfire had blocked out portions detailing “bonus” payments based on the number of signatures collected.
Standing Up for Florida acknowledged that elements of the arguments in its counter-claim were rejected when it previously raised them in a separate action it filed in Palm Beach County, where it is based. But the group said that it believes that court erred by finding that the 2019 law’s authorization for the state attorney general to seek injunctions for election fraud preempted private litigants, such as itself, from bringing election integrity actions. The law, it pointed out, said nothing about ending more than 100 years of private litigants bringing such cases in Florida.
With state elections officials allowed 60 days to verify submitted signatures, Dec. 30 marked an effective deadline to guarantee that signatures will be counted by the Feb. 1 deadline, so a ruling in favor of the Seminole parties’ claims would end the initiative’s chances for appearing on the November 2022 general election ballot.
According to the latest Department of Elections records, Florida Voters in Charge had obtained verification of about 426,000 signatures. On Tuesday, the Florida Supreme Court —  as part of the usual elections process — tentatively scheduled oral arguments for March 8 on whether the proposed ballot question and title is clear and not misleading and satisfies a single-subject requirement.
Counsel for Standing Up for Florida and the other defendants declined on Tuesday to comment beyond their latest filings. Counsel for the Florida Voters in Charge and other plaintiffs did not respond to a request for comment.
Standing Up for Florida and the other defendants are represented by William N. Shepherd, Jeffrey M. Schacknow and Henry A. Moreno of Holland & Knight LLP.
Florida Voters in Charge and signature gathering companies The Human Connection and I & R Campaign Management Services are represented by James McKee, Benjamin J. Grossman and W. Bradley Russell of Foley & Lardner LLP.
Grassfire LLC is represented by Eduardo S. Lombard and Angela D. Miles of Radey Law Firm.

Compliance Updates

Brazil’s Ministry of Finance Appoints RĂ©gis Dudena as Secretary of Prizes and Betting

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Regis Dudena, a seasoned lawyer with expertise in Public and Regulatory Law, has been appointed as the new Secretary of Prizes and Betting at the Ministry of Finance in Brazil. Dudena’s appointment ordinance is signed by Rui Costa, Minister of the Civil House.

The new secretary had already been visiting the Ministry of Finance and getting closer to the entire group at the Secretariat of Prizes and Betting, until then led by Simone Vicentini, deputy secretary.

The appointment of the lawyer is attributed to the Executive Secretary of Finance, Dario Durigan. Dario and Dudena worked together at Palácio do Planalto during Dilma Rousseff’s government.

Both worked in the Legal Affairs secretariat of the Civil House. Dudena’s name is linked to other names on the left. He has good relations with Edinho Silva (PT), mayor of Araraquara (SP).

The SPA started operating two months ago. Since then, it had been without a permanent boss. Lawyer José Francisco Manssur, special advisor to the Ministry of Finance who coordinated the regulation of sports betting from the beginning, was the most likely to take on the position. But he was exonerated under pressure from Centrão politicians.

Bets representatives welcomed the name RĂ©gis Dudena.

From the beginning, the SPA was under the responsibility of Simone Vicentini, appointed as deputy secretary. Since then, it has edited the ordinances that defined requirements for laboratory accreditation and the sector’s regulatory policy.

Under her supervision, three laboratories have already been approved, GLI, eCogra, and BMM. Last week, the ordinance establishing the rules for payment transactions to be complied with by sports betting and online gaming operators was also published.

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Compliance Updates

Arkansas Casino Seeks iGaming Approval

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An Arkansas casino is seeking approval to operate an iGaming app, allowing people within the state to go online to play casino games such as slots, blackjack, craps and more.

On March 13, Carlton Saffa, Chief Market Officer for the Saracen Casino Resort in Pine Bluff, wrote to Arkansas Racing Commission Chairman Alex Lieblong asking for a change in the rules to allow Internet casino gambling, which is often referred to as iGaming or iCasino platforms.

On Monday, Saffa told Gambling.com he hopes to appear before the Arkansas Racing Commission on May 6 seeking approval to offer iGaming. The Arkansas Racing Commission regulates all gambling matters in the state including horse racing and casino games.

iGaming Doesn’t Hurt Bricks-And-Mortar Casinos: Saffa

Nationwide, only a half dozen states from Michigan to Connecticut offer Internet casino gambling. Arkansas would be the first in its region with iGaming, permitting users who want to log onto a computer or download an app to play traditional casino games for money. Other states in the region already offer sports betting.

In his March 13 letter to state regulators, Saffa said estimates indicate Internet casino gambling from the Saracen Casino Resort alone would generate an additional $12 million in taxes annually for the state. Internet casino gambling, or iGaming, generally raises more tax revenue than sports betting in states that have both.

However, in some states without iGaming, casino operators have fought legalization, contending customers won’t visit a bricks-and-mortar casinos and spend money at restaurants and on other amenities including entertainment and lodging if they can log onto cellphones or computers and gamble from anywhere. In his letter to state regulators, Saffa pointed to research showing iGaming doesn’t cannibalize bricks-and-mortar casinos but instead gives them ‘a lift’.

State Rule Change Required

Arkansas already allows online poker, though that has not been made available to consumers, Saffa said. He said the ability to allow iGaming would require the Arkansas Racing Commission to amend a rule to include Internet casino games in addition to the currently legal online card games such as poker.

“A solution exists by amending ARC Rule 5, which already authorizes online poker, to include other types of table games and slots,” Saffa told Gambling.com on Monday. “Doing so would provide significant tax revenues to government and, just as important, ensure that operators be held accountable by the government. Given that we have seen online operators in the fantasy sports space ignore cease and desist demands from the state, merely attempting to police the matter is not a workable solution.”

Saffa recently made a similar argument on the topic of unregulated gambling, telling Gambling.com on The Edge he opposes a ban on college player props bets, saying, “Sunlight is the best disinfectant.”

“People in Arkansas are already gambling in online casinos and those companies are not regulated or taxed by the Arkansas Racing Commission,” Saffa said Monday. “Those companies are not held to the standards the people of Arkansas set forth for operators to include that a customer must be 21.”

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Compliance Updates

U.S. INTEGRITY AND ODDS ON COMPLIANCE ANNOUNCE REBRAND AS INTEGRITY COMPLIANCE 360

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U.S. INTEGRITY AND ODDS ON COMPLIANCE ANNOUNCE REBRAND AS INTEGRITY COMPLIANCE 360

 

Following the successful completion of their merger, U.S. Integrity and Odds On Compliance Launch IC360, Establishing the One-Stop-Shop Standard for Integrity and Compliance Solutions

U.S. Integrity and Odds On Compliance announced the completion of their merger and the launch of the combined entity’s new name, Integrity Compliance 360 (IC360). The merger cements IC360 as the unequivocal global leader in delivering best-in-class integrity and compliance regtech products and services for the sports betting and gaming sector.

IC360 will leverage the combined expertise, resources, and industry knowledge of U.S. Integrity and Odds On Compliance to continue delivering innovative solutions that empower organizations to achieve and maintain the highest standards of integrity and compliance.

“The coming together of U.S. Integrity and Odds On Compliance represents a strategic alignment of values and a shared commitment to excellence,” said IC360 CEO Matt Holt, formerly CEO of U.S. Integrity. “As IC360, we are dedicated to providing our clients with 360-degree solutions that address their unique compliance challenges, ensuring they can operate with integrity and confidence in today’s complex regulatory environment.”

The strategic unification of these two prominent organizations reflects a commitment to providing unparalleled compliance and integrity solutions in a rapidly evolving regulatory landscape. “Our vision is clear: to help lead our industry forward on compliance and integrity standards, empowering our partners to raise the bar. We believe the IC360 brand represents just that. This is only the beginning of an exciting chapter for Integrity Compliance 360,” commented Eric Frank, President of IC360, formerly CEO of Odds On Compliance. The merger creates a comprehensive and dynamic suite of solutions and services.

IC360’s portfolio of services includes integrity monitoring, compliance advisory, and education, along with established products like the Integrity Monitoring dashboard, a foundational product for monitoring real-time sports integrity issues, PlayBookAI, the robust online repository of sports betting laws and regulations, and ProhiBet, the pioneering solution for ensuring compliance for athletes, coaches, and staff.

“With a comprehensive suite of services and leveraging the collective expertise of U.S. Integrity and Odds On Compliance, this is an evolution of a journey dedicated to setting industry benchmarks and creating a one-stop-shop for integrity and compliance needs,” added Scott Sadin, COO of IC360, formerly COO of U.S. Integrity. “Integrity Compliance 360 looks forward to a future marked by continued growth, impactful partnerships, and a steadfast dedication to the highest standards of integrity and compliance.”

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