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Compliance Updates

Florida Targets Fantasy Sports Firms Over Possible Illegal Betting Games

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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.”

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Canada

Court Decision Upholds iGaming Ontario’s Model

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iGaming Ontario has welcomed the decision of the Ontario Superior Court, which found that iGaming Ontario’s model is consistent with the Criminal Code and that iGaming Ontario is conducting and managing igaming in the province.

“We have always been confident in our model and are pleased that the court has ruled in our favour, and that Ontarians can continue to play with confidence in our regulated igaming market,” said Martha Otton, Executive Director of iGaming Ontario.

“Ontario’s model meets the requirements and contributes to the public good by protecting players, their data and their funds, while helping to fund priority public services in Ontario, and bringing well-paid, high-tech jobs and economic development to Ontario,” Otton added.

In dismissing the application brought forward by the Mohawk Council of Kahnawà:ke (MCK), the Superior Court found that iGaming Ontario is the “operating mind” behind Ontario’s competitive igaming market in accordance with the conduct and manage requirements of the Criminal Code.

iGaming Ontario will continue to conduct and manage igaming as it has since the launch of the regulated market on April 4, 2022.

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Compliance Updates

Supremeland Gaming Continues U.S. Expansion With Supplier License Approval In Michigan

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Supremeland Gaming Continues U.S. Expansion With Supplier License Approval In Michigan

 

Supremeland Gaming, Inc., the emerging brand in American iGaming, has gained approval for a Supplier License in Michigan, marking the company’s fourth U.S. state approval following the successful acquisition of interim approvals in Pennsylvania, New Jersey, and West Virginia.

Supremeland Gaming is approved to operate under this license and is now authorized to offer its cutting-edge innovation to the Great Lakes State. Their continued expansion underscores its commitment to pushing the boundaries of innovation in the iGaming industry.

Rickard Öhrn, CEO of Supremeland Gaming, said: “With approvals already in Pennsylvania, New Jersey, and West Virginia, our entry into Michigan underscores our dedication to serving players nationwide. We are excited about the opportunities this new market brings and look forward to delivering innovative, engaging, and responsible gaming solutions to the rapidly growing U.S. iGaming community.”

Supremeland’s game portfolio has garnered international appeal since its debut in November 2023. The innovative brand produces first-class games, including Red Panda Rising™ and its global debut, Munition Mine™, for which its subsidiary, Powderkeg Studios, is shortlisted at the CasinoBeats Game Developer Awards.

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Compliance Updates

Greyhound Advocates Applaud Gov. Ned Lamont for Signing Bill to Outlaw Dog Racing

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The largest greyhound protection group in the world thanked Connecticut Governor Ned Lamont for signing a bill to outlaw greyhound racing, calling the new law a victory for everyone who cares about dogs.

“The end of dog racing in Connecticut has finally come because of the hard work of dedicated lawmakers on both sides of the aisle. Greyhound advocates everywhere applaud Governor Lamont’s enthusiastic stand against this cruel industry. Connecticut now joins 42 other states that have already rejected this outdated and inhumane form of gambling,” said GREY2K USA President and General Counsel Christine A. Dorchak.

Greyhound racing is now illegal in 43 states, and only continues to exist at two tracks in West Virginia. After dog racing gradually declined for decades, Florida voters outlawed the activity in 2018 by a vote of 69% to 31%, closing twelve operational racetracks. A bill to prohibit gambling on greyhound racing nationwide was introduced in the 117th Congress and earned the support of 105 cosponsors and more than 250 humane groups, anti-gambling organizations, and local animal shelters.

All mainstream animal protection groups oppose greyhound racing due to animal welfare concerns. At the last two remaining dog tracks in West Virginia, state records indicate that 666 greyhounds were injured in 2022 including 218 dogs that suffered broken bones and five greyhounds that died. Thousands of dogs also endure lives of confinement at West Virginia tracks, kept in cages barely large enough for them to stand up or turn around for long hours each day.

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