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Compliance Updates

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

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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.

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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

Honolulu Mayor Signs New Laws Targeting Illegal Game Rooms

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Last Thursday, Honolulu Mayor Rick Blangiardi signed into law three bills — Bills 11, 12 and 13 — each of which are related to illegal gambling in the county.

The first, Bill 11, sets requirements on “electronic amusement devices” in public establishments. Operators of the establishment are now required to obtain a permit from the Honolulu Police Chief to use such a device on the premises, or else forfeit the device.

The Police Chief could deny a permit application if the proposed location of the device “would be reasonably likely to result in an increase in criminal activity, vandalism, litter, noise or traffic congestion,” according to the bill. The bill also requires anyone with a permit to allow a police officer to enter the premises and inspect the device and other records.

Meanwhile, Bill 12 allows the Honolulu Department of Planning and Permitting to deny permit applications for properties that have been cited for a gambling-related public nuisance within the previous two years.

And Bill 13 allows landlords to request a police escort while inspecting a private property for nuisance claims, with the accompanying officers authorized to document law violations or unsafe conditions, and to warn people not authorized to be there to leave.

In tandem, the three bills are meant to clamp down on illicit gambling rooms, which often become hotspots for associated complaints of criminal behavior.

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Compliance Updates

PHAI Files Lawsuit in Pennsylvania Over Caesars’ Dangerous Online Casino Promotion and “Pay Through Bonuses”

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The Public Health Advocacy Institute (PHAI), a nonprofit advocacy organization that continues to lead the movement to develop a comprehensive public health response to the threat posed by the gambling industry, announced a new lawsuit filed in Philadelphia, Pennsylvania, seeking to expose and stop an alleged dangerous, misleading, and illegal “deposit match” promotion by Caesars Online Casino and its brick-and-mortar partner Harrah’s Philadelphia Casino.

In this promotion, Caesars and its partners are luring new customers with a false and misleading promise of a “$2500 deposit match,” according to the lawsuit. Only in the small-print terms and conditions is it disclosed that a new customer playing Blackjack is required to gamble and risk $375,000 in just the first seven days after opening an account. In other words, no money or winnings can be withdrawn unless a total of $375,000 is gambled and risked. All money lost during the first 7-day period is kept by Caesars and Harrah’s Casino.

The lawsuit alleged that Caesars and its partners have effectively rewritten the laws of the Commonwealth of Pennsylvania by mandating that new customers gamble up to $375,000 before being paid any of their winnings. The public is not told that the promotion is designed to snare new customers in a “wild chase of action,” where the bonus is unattainable and therefore impossible to win.

Under the leadership of Executive Director Mark Gottlieb, PHAI continues to spearhead the burgeoning movement to bring comprehensive public health change to the threat posed by the gambling industry and its partners across the US.

Gottlieb said: “We know the gambling industry, with the assistance of the American Gaming Association (AGA) and the National Council of Legislators from Gaming States (NCLGS), is aggressively attempting to push the legalization of online casino gambling across the United States. Thus far, the seven states with online casino gambling seem ill-prepared or unwilling to regulate the wild tactics of the industry. This promotion, engineered by Caesars, is among the most egregious we have seen to date.”

Dr. Harry Levant, Director of Gambling Policy at PHAI, warned that Caesars and others in the gambling industry are acting with impunity, disregarding existing laws, and placing the public directly at risk.

According to Dr. Levant: “It is unconscionable for a gambling company to knowingly require people to gamble excessively and put their mental health at risk as a condition to cash out their winnings. More importantly, nothing in Pennsylvania’s gambling rules or laws permits a casino to refuse payment unless and until customers begin gambling to excess. This is dangerous to Caesar’s customers, immoral, and just plain wrong.”

PHAI Director of Litigation Andrew Rainer, Esq., said: “PHAI continues to utilize the courts to protect clients and the public from unreasonable risks of harm caused by the negligent, careless, and reckless conduct of the gambling industry.”

PHAI Founder and President. Dr. Richard Daynard said: “The mission of the Public Health Advocacy Institute is to protect public health and advance social justice. The days of the gambling industry disregarding public health and safety are coming to an end. When Caesars doesn’t play fair, it puts players’ health at risk.”

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The case is Brubaker vs Chester Downs and Marina LLC et al. (Ct of Common Pleas, Philadelphia County, First Judicial District, Case ID 250602325).

In December 2023, PHAI and its Center for Public Health Litigation filed a class action suit against DraftKings in Massachusetts that garnered nationwide headlines. In August 2024, a judge in Massachusetts denied DraftKings’ motion to dismiss, allowing the litigation to move forward.

In October 2024, PHAI filed a lawsuit against the Massachusetts Gaming Commission, asking the court to compel the MGC to adhere to state law and turn over data that casinos compile to track player behavior. Under Section 97 of the Expanded Gaming Act, the Massachusetts Gaming Commission is required to collect behavioral data from casino operators and share anonymized customer data with researchers. This data is essential for analyzing what casino practices are causing harm and who is being harmed. The Gaming Commission has been subject to the legal requirement to collect this data since its formation in 2011. Now, more than a decade later, the Commission has yet to collect a single piece of data from any licensee or make any data available to researchers.

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Compliance Updates

The Saskatchewan Indian Gaming Authority (SIGA) Selects New Board Chair

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The Saskatchewan Indian Gaming Authority (SIGA) has announced Chief Tammy Cook-Searson, of the Lac La Ronge Indian Band, as its new Board Chair for SIGA’s Board of Directors.

SIGA is a non-profit First Nation gaming operator for seven land-based casinos and the online gaming platform PlayNow.com in Saskatchewan.

Chief Cook-Searson first joined SIGA’s Board of Directors in 2018 and has been a regular SIGA Board member as well as a member of SIGA’s Audit & Finance Committee.

She is serving in her 20th year as Chief of Lac La Ronge Indian Band and has a Master of Business Administration (MBA) degree and a graduate diploma in management from Athabasca University. She also holds honorary degrees from the University of Regina, the Saskatchewan Indian Institute of Technologies (SIIT) and Saskatchewan Polytechnic.

Chief Cook-Searson replaces outgoing Board Chair former Chief of Muskowekwan First Nation Reginald Bellerose, who has held the Board Chair position since February 4, 2015.

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