Compliance Updates
Gold Rush Amusements, Inc. Files Counterclaim Alleging Violation of Illinois’ Anti-Inducement Law
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.
Compliance Updates
Arizona Department of Gaming Launches First-Ever Statewide Campaign to Empower and Protect Consumers
The Arizona Department of Gaming has launched its first-ever statewide Public Education Campaign focused on protecting consumers, promoting public awareness, and reducing the harms associated with unregulated gambling. This is a significant milestone in the Department’s ongoing efforts to protect consumers and ensure a safe and responsible gaming environment.
Arizona offers a variety of legal, regulated gaming options throughout the state, including tribal casinos, event wagering, fantasy sports, and parimutuel wagering. For 30 years, ADG has safeguarded the integrity of Arizona’s gaming industry through rigorous oversight, licensing, and enforcement in accordance with the Tribal-State Gaming Compacts. This new campaign expands on that mission by educating Arizonans on how to avoid illegal gambling and access support services when needed.
The campaign is designed to inform and empower the public by emphasizing the risks of engaging with unlicensed operators and providing them with tools to identify legal, regulated options. It aims to reduce consumer vulnerability, prevent exploitation, and help individuals make informed decisions if they choose to participate in gaming activities.
The campaign kicks off with a series of Public Service Announcements (PSAs), developed in collaboration with the Arizona Media Association, which will be aired across TV, radio, print, and digital platforms. Available in both English and Spanish, the PSAs will:
• Educate the public on how to identify legal, regulated gaming operators in Arizona
• Emphasize consumer protection and the safeguards provided by regulated gaming environments
• Highlight the role regulated gaming plays in supporting Arizona communities and essential services
• Promote the 1-800-NEXT STEP helpline, which connects individuals to confidential, 24/7 support for problem gambling.
To complement the PSAs, ADG has launched the Check Your Bet webpage, which serves as a centralized resource to verify regulated gaming and access consumer protection tools. The webpage includes:
• A searchable list and interactive map of authorized Tribal Casinos in Arizona
• A searchable list and interactive map of licensed Event Wagering and Fantasy Sports Operators and their retail locations
• Information on Advanced Deposit Wagering Providers (ADWPs), Off-Track Betting (OTB) locations, and permitted horse racing tracks in Arizona
• How to access the Division of Problem Gambling’s Helpline, a confidential Problem Gambling Self-Screening Quiz, and additional supportive resources
• How to request Self-Exclusion, a voluntary program to prohibit oneself from Tribal Casinos and Event Wagering and Fantasy Sports Contests
• Guidance on submitting tips about suspected illegal gambling to the Department and filing consumer complaints with the Arizona Attorney General’s Office.
“We are proud to celebrate 30 years of providing world-class gaming regulation and consumer protection. This campaign is about empowering Arizonans who choose to participate in gaming with the knowledge to make informed, responsible decisions. As illegal and unregulated options on the market increase, the Check Your Bet webpage serves as a key resource for the public to verify licensed operators and access support. By directing viewers from our PSAs to this tool, we’re helping ensure people not only play safely, but also know where to turn if they or a loved one are struggling with problem gambling,” said Jackie Johnson, Director of the Arizona Department of Gaming.
Since its founding in 1995, the Department has worked tirelessly to ensure that Arizona’s gaming industry operates with transparency, integrity, and responsibility. The campaign will run through the end of March 2026 and reflects ADG’s commitment to a safe, transparent, and well-regulated gaming landscape in Arizona.
Compliance Updates
Final CFG USA 2024 Online Gambling Report Confirms: Crime Wins After Years of Legalization
The Campaign for Fairer Gambling (CFG) has released 2024 CFG USA State Supplement #2: All States, the final report in its landmark CFG USA 2024 Series, warning that the rapid expansion of legal online gambling is fueling more gambling and higher consumer losses – all without displacing crime from the total marketplace.
The analysis, produced by technical marketplace intelligence platform Yield Sec, offers the most comprehensive national and state-by-state breakdown ever produced across the US online sports betting, casino, and poker marketplaces. It shows that states with more legal operators record the highest Gross Gambling Revenue (GGR) per capita as a percentage of income – but, illegal operators continue to dominate, with 74% of total GGR across US online gambling being stolen by crime during 2024.
In 2024, the total US online gambling marketplace was worth $90.1 billion, of which $67.1 billion (74%) was illegal. The illegal sector grew by 64% year-on-year, outpacing the legal sector’s 36% growth.
There are three states with legalized online sports betting where the market is below the average of 0.31% GGR per capita as a percentage of income for states with no legalization, being Oregon, Maine, and Arkansas. These states have operator numbers of Oregon 1, Maine 2, and Arkansas 3, for an average of 2, below the national average of 9.
There are three states with both legalized online sports betting and casino gaming where the market is below the average of 0.77% of GGR per capita as a percentage of income for states with legalization of online sports betting only, being Delaware, Rhode Island, and Connecticut. These states have operator numbers of Delaware 4, Rhode Island 2, and Connecticut 3 for an average of 3, below the national average of 14.
There is a pronounced correlation between having a small number of legal operators and lower GGR per capita as a percentage of income.
The proponents of legalization assert that having more legal operators is better for competition and implies that this will help reduce the size of the illegal sector. The evidence, contained in CFG reporting from years of monitoring and the most comprehensive study ever conducted upon the US online gambling marketplace at both the national and state levels, contradicts this assertion.
Derek Webb, Founder and Funder of CFG, said: “The onus is on the proponents of legalization to provide an explanation as to how they managed to get it so wrong – at the least, they should apologize to the legislators they influenced based on their misleading representations. There should now be a moratorium on state expansion until effective action reduces illegal revenues and enables effective control of online gambling marketplaces.”
Ismail Vali, founder and CEO of Yield Sec, added: “Decades of illegal online gambling in the USA were meant to end with legalization and regulation. The hope was simple: legal, licensed options in each state would ‘channelize’ the marketplace and eliminate illegal gambling. This has not happened.
“Seven years after state legalization began in 2018, the US online gambling marketplace remains a fortress of crime, and the zero-sum game hope that legalization and regulation would, on their own, remove crime, has failed. Illegal gambling isn’t one problem – it’s many. You can only control it through process – MPEO: Monitor, Police, Enforce, Optimize. Crime has now stolen hundreds of billions of dollars from American commerce and communities over more than three decades – it’s time to make this end.”
Compliance Updates
AU10TIX Launches Free Assessment Tool and Readiness Guide to Help Organizations Navigate Child Safety Age Assurance Compliance
AU10TIX, a global leader in identity verification and fraud prevention, announced the launch of a free Child Safety Age Assurance Risk and Readiness Assessment and Age Assurance Readiness Guide designed to help businesses better understand their risk and tailor their strategy to meet regulatory obligations. They support AU10TIX’s Selfie-based Age Estimation service, which delivers the industry’s most precise and unbiased age assessment in just two seconds.
In the US, federal legislation such as the Children’s Online Privacy Protection Act (COPPA) requires parental consent for users under 13, while the California Consumer Privacy Act (CCPA) mandates age verification for websites accessed by users under 16. Additionally, 19 U.S. states now enforce mandatory age checks for adult content and gambling platforms. Similar regulations are impacting social media and online services in the UK, EU, and Australia.
AU10TIX’s free Child Safety Age Assurance Risk and Readiness Assessment consists of six short questions about an organization’s sector, security measures, and ID verification processes. Upon completion, participants receive a customized Risk Assessment Report outlining key vulnerabilities and practical recommendations for improving compliance. They also receive a comprehensive 13-page Age Assurance Readiness Guide to help them navigate the complex landscape of age verification regulations.
“As age-based regulations expand globally, businesses are actively seeking guidance on how to balance security, compliance, and user convenience. Our new Risk and Readiness Assessment helps organizations identify their unique risks and stay compliant without compromising the customer experience. This perfectly complements our Selfie-based Age Estimation solution, which adds an extra layer of protection to help ensure safe use of our platform by minors,” said Yair Tal, CEO of AU10TIX.
AU10TIX also offers a Selfie-based Age Estimation solution that leverages advanced AI-driven biometric technology to analyze facial features and estimate age without the need for a government-issued ID. It streamlines the experience by requiring only a selfie, cutting verification time to two seconds while delivering the industry’s most accurate age estimates. It simultaneously conducts a liveness check and analyzes the selfie using AI models trained on millions of biometric data points, which accurately estimate age without storing any personal data. By reducing the need for full ID verification, this approach can reduce costs by up to 10x and boost completion rates by 27%.
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