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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

Nebraska: Proposal to Legalize Mobile Sports Betting Advances

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Mobile online sports betting would be legal in Nebraska under a bill advancing in the Legislature, but trouble could still lie ahead for the proposal.

Sen. Eliot Bostar introduced the proposed state constitutional amendment that would let people make sports bets on their phone from anywhere in the state. Bostar says Nebraskans are already betting, either by going to a casino, a neighboring state or using illegal, unregulated platforms.

“I introduced this not because I think gambling is a great thing, not because I want everyone to do it, not because I think you should like it, or anyone should, but fundamentally because it’s already happening. Our prohibition on mobile sports betting here in save Nebraska is not stopping anyone from engaging in that activity,” Bostar said.

Sen. Jason Prokop has made the proposal his priority this session. Prokup talked about Nebraskans who cross the Mormon Bridge into Iowa and congregate at the first off I-680 to place bets during the football season.

“There’s no reason why a corn field in Iowa, just off the interstate, should be touted as the busiest corn field in America. Senators, those are your and my constituents using this product, spending their money and paying taxes in another state, simply because our Constitution does not provide for it,” he said.

Bostar said Nebraska is losing tax revenue.

“Nebraska is currently missing out on a $1.6 billion state online industry and $32 million in annual tax revenue, which instead goes to neighboring states like Iowa, Colorado, Kansas and Wyoming. Legalizing online mobile sports betting through LR20CA could significantly boost state revenues dedicated to the property tax credit fund, helping to address the burden of high property taxes,” he said.

Sen. Jared Storm seemed unmoved.

“I’ve been in the body for three months. I’m a freshman senator, and it seems like the common thread I keep seeing here is, if you want to pass your bill or get something through here, you say it’s going to lower property taxes. That’s kind of the buzz word,” he said.

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Strong offered a different interpretation of any tax revenue.

“I would view this as taxation by exploitation. We’re going to exploit people to get tax revenue out of them, mainly young men. So you’re going to have students at UNL, students at UNK, other universities, who are going to gamble away their tuition on online sports betting. They’re going to gamble away their rent online sports gambling. I think as state senators, we have to stand up for those people,” he said.

Sen. Rob Clements read a letter from a mother whose son got in financial trouble from sports betting and died by suicide last year.

“The $10,000 bet my son frenetically placed on a losing NHL Stanley Cup game during the last 48 hours of his life, was followed by a series of still more frenetic bets placed in isolation on his phone as he tried to win back his massive loss. It is clear that he died alone,” Clements read.

But Sen. Ben Hansen argued incidents like that should not be enough to prohibit sports betting.

“How far do we restrict people’s liberties and their rights? This is always a tough one, because we do see some of the ills, the pitfalls some of our citizens can fall into. But do we take that right away from them for that reason? If we take away that right because of addictive factors, we better get rid of alcohol. We better get rid of smoking. We better get rid of refined sugar, one of the most addictive things that we legalize here in Nebraska. We better get rid of a lot of addictive behaviors in the state of Nebraska,” he said.

Sen. Rick Holdcroft read a letter from former Congressman Tom Osborne, former Gov. Kay Orr, Sen. Pete Ricketts and State Auditor Mike Foley opposing the proposal.

“Legalizing online sports betting in Nebraska would turn every cell phone, laptop and tablet into a gambling device available 24 by seven, online sports betting can lead to new people developing gambling disorders, puts young men in the addiction bulls eye and will take money away from the main street Nebraska businesses,” he said.

Gov. Jim Pillen has supported legalizing online sports betting in the past. And Sen. Tom Brandt said the proposal should be approved.

“In Nebraska, alcohol, tobacco, gambling, guns, whether you wear a helmet, we let grown ups decide that. We let our people decide that. Does everybody make a good decision? They do not. There are consequences to some bad decisions, but we let them decide for themselves. Mobile betting should be the same way,” he said.

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But Sen. Brad von Gillern said mobile betting was an especially threatening form of gambling.

“My opposition to LR20CA is not from a moral position against gambling as a whole. I provided tons of data to you that illustrates that this is a predatory process that primarily pursues young men,” he said.

After about three hours of debate, senators voted 27-16 to give the bill first-round approval. But von Gillern vowed to filibuster it at the second round of debate, when opponents need only talk for four hours, instead of eight, before supporters can try to cut off debate and vote on the bill itself. That takes 33 votes, and von Gillern predicted it would be close.

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Compliance Updates

ESA Gaming gains Brazilian Certification

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ESA Gaming gains Brazilian Certification

 

Innovative games provider ESA Gaming has received Brazilian Certification as it continues to focus on new markets.

The certification will allow ESA Gaming to distribute both its games and Game Aggregator System (GAS), to players and operators throughout Brazil.

With a mix of non-traditional content such as football-themed mine games and crash style games, as well as established casino classics, ESA’s games have a proven cross-selling capacity, without cannibalisation, helping sportsbooks to prolong brand loyalty and add revenue.

ESA Gaming has enjoyed a positive 12 months of growth, signing numerous agreements in key territories, as well as expanding its portfolio with the addition of multiple slot titles and, most recently, its first Plinko game; Plinko Drops.

The supplier also holds certifications in Portugal, Italy, Greece, Colombia, South Africa as well as an MGA supplier licence, highlighting the provider’s intentions to grow its product range in regulated markets.

Thomas Smallwood, CCO at ESA Gaming, said: “Receiving our Brazilian certification is a hugely exciting moment for us in our step towards expansion in LatAm. The Brazilian market has a huge potential and we are eager to see how our titles are received.

“It is the first important milestone of 2025 for us that we hope can act as a springboard for further growth.”

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Compliance Updates

MGCB Opens Investigations into Unlicensed Sports Prediction Markets

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The Michigan Gaming Control Board (MGCB) has initiated investigations into unlicensed sports prediction markets operating within the state. These platforms, which bypass Michigan’s regulatory framework, have raised significant concerns about consumer protections.

Michigan’s investigations align with similar actions already taken by other state regulatory bodies and focus on how this form of unlicensed sports betting may jeopardize the integrity of Michigan’s legal sports betting system.

“We take consumer protection very seriously and are committed to ensuring that Michigan residents are engaging with safe and legal sports betting options. Unlicensed entities not only pose a risk to consumers but also undercut the integrity and revenue-generating potential of the state’s regulated sports betting industry. We are actively investigating these practices and will pursue appropriate measures to protect Michigan bettors,” said Henry Williams, Executive Director of the MGCB.

The unlicensed platforms offer what they describe as innovative financial products that allow users to trade their predictions on the outcomes of sports events. By sidestepping the regulatory protections of Michigan’s legal sports betting market, these platforms pose a serious risk to consumers. They create potential confusion among bettors and blur the line between sports betting as entertainment and sports betting as a financial trading vehicle.

Beyond concerns over lost tax revenue, these unregulated platforms may expose Michigan residents to various risks, including fraud, identity theft, and inadequate data security. Unlike licensed sportsbooks, which are required to adhere to strict regulations including age verification, Know Your Customer (KYC) protocols, anti-money laundering (AML) measures, self-exclusion policies, and integrity monitoring, unlicensed entities may operate without these safeguards. As a result, consumers can be left vulnerable to financial harm.

The MGCB is also concerned that promoting sports betting as an investment opportunity directly contradicts Michigan’s established responsible gaming principles.

“Sports betting is meant to be a form of entertainment, not a financial investment. By framing sports contracts as investment vehicles, these platforms risk confusing consumers and undermining the state’s commitment to responsible gaming. Moreover, many of these unlicensed platforms are often accessible to individuals as young as 18, in stark contrast to Michigan’s 21+ age requirement for legal sports betting,” Williams added.

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