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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

$4.3 Billion Wagered Illegally During March Madness, Fueled by Social Media Influence

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Latest analysis by online marketplace intelligence specialists, YieldSec, commissioned by the Campaign for Fairer Gambling (CFG), has revealed a stark contrast between legal and illegal online gambling activities during the 2024 NCAA Men’s & Women’s March Madness Basketball Tournaments in the US. YieldSec’s monitoring unveiled an overwhelming majority of betting-related social media posts and video content, reaching up to 73% and 78% respectively, directing audiences toward illegal betting and gambling operators.

YieldSec’s findings shed light on the strength of the illegal gambling grip on the American marketplace, with 378 illegal sports betting operators and 651 illicit affiliates aggressively targeting US March Madness audiences and claiming 64% of the total market share, generating $4.3 billion in illegal and untaxed wagering. The remaining $2.4 billion wagered legally amounts to just 36% of the total market share.

These statistics underscore the challenges in controlling the proliferation of unlicensed gambling operators that have historically capitalized on the fragmented legal landscape of online betting in the US.

Key findings for March Madness 2024:

  1. Illegal gambling on March Madness comprised 64% of US online marketplace wagering ($4.3 billion Handle).
  2. Total value of March Madness betting (legal and illegal) amounts to a handle of $6.7bn.
  3. 378 illegal sports betting operators actively targeted the US.
  4. 651 affiliates promoted illegal sports betting operators that actively targeted the US.
  5. Illegals dominated social media content with up to 73% of all social posts in favor of illegal operators.
  6. 78% of all video content that linked to March Madness betting was linked to illegal operators.

Derek Webb, Founder of CFG, said: “This Yield Sec special report illustrates the dire need for a comprehensive strategy to tackle illegal gambling in the US. The lack of a united government approach and lax oversight by states have only compounded the problem, enabling entities with dubious backgrounds to operate freely. It’s high time for U.S. leadership to spearhead a unified solution to this pervasive issue.”

Ismail Vali, Founder and CEO of YieldSec, said: “The overwhelming presence of illegal gambling during one of the biggest sports betting events of the year is a clear signal that enforcement and monitoring need to be prioritized. Our findings are a call to action for stakeholders across the board to intensify efforts in combating the spread of unlicensed gambling operations that exploit the online marketplace. With the dominance of illegals across our social media channels, it’s clear that the threats to American commerce, community and consumers are a lot closer to home than ever imagined.”

The Campaign for Fairer Gambling is now advocating for a cohesive governmental response to illegal gambling, urging the Department of Justice, Treasury, Federal Trade Commission, and the Trade Representative’s Office to consider the findings of the YieldSec report as a basis for developing effective countermeasures.

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Compliance Updates

Sightline Selects GeoComply for Identity and Geolocation Compliance Services

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Leading fintech company Sightline has entered into an exclusive partnership with compliance and anti-fraud technology solutions leader GeoComply to bolster the security and efficiency of digital transactions within the regulated gaming industry.

Sightline will integrate GeoComply’s cutting-edge IDComply identity verification solution as well as GeoComply’s compliance-grade geolocation tools across its comprehensive suite of digital payment solutions for land-based casinos and online gaming operators.

GeoComply developed IDComply in direct response to the growing demand for an integrated solution that addresses the expanding compliance needs of the digital gaming industry. Sightline will leverage identity verification and geolocation checks at strategic points during the customer journey to validate that digital transactions comply with the Bank Secrecy Act (BSA) and adhere to Office of Foreign Asset Controls (OFAC) sanctions detection and blocking requirements. The partnership will also strengthen Know Your Customer (KYC) and anti-money laundering (AML) protocols to reduce fraud such as account takeovers.

The implementation of IDComply and GeoComply Core within Sightline’s offerings is scheduled to occur over the coming months.

“Digital payments continue to proliferate in the regulated gaming industry, and it is essential to have solutions that safely, securely, and swiftly validate customers’ identities. Implementing these tools across Sightline’s payment solutions will significantly decrease the time it takes to validate an identity and they will bolster compliance with the evolving regulations that govern digital financial transactions. Our vision is to create an omnichannel customer experience where patrons can seamlessly enroll, fund, and play their game of choice in under 180 seconds, putting gaming more in line with payments technologies in areas like retail and ecommerce,” Rose Zwirn, SVP of Business Development at Sightline, said.

“Our companies have a long history of collaboration and we’re excited to be working together to implement our GeoComply Core and IDComply solutions for Sightline’s customers. Our goal is to provide digital trust in every online transaction while opening the funnel for legitimate players and stop fraudsters from entering the digital gaming ecosystem. Working with best-in-class partners like Sightline gets us closer to that goal,” Sam Basile, VP of Business Development at GeoComply, said.

Digital wallets and transactions are becoming more common within the gaming industry, and Sightline is an indispensable and innovative partner to operators across the gaming ecosystem. Sightline will use IDComply to swiftly authenticate customer identities during signup across its platforms, simplifying cashless wagering accounts and online Play+ registrations. This move aims to address identity verification challenges, especially in areas like Nevada that require government IDs for account setup. IDComply is expected to accelerate this process, enhancing safety and user experience by reducing friction.

GeoComply’s advanced geolocation technology helps ensure regulatory compliance and is a strategic asset for gaming enterprises aiming to navigate the complex landscape of digital transactions securely and lawfully. With more than 10 billion transactions processed annually and installed on over 400 million devices worldwide, GeoComply empowers gaming enterprises to meet their compliance needs while providing a secure, trustworthy platform for their customers.

Furthermore, both Sightline and GeoComply have offices located at the Harry Reid Research and Technology Park in Las Vegas, symbolizing their joint commitment to advancing technology and compliance solutions within the gaming industry.

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California

California Gambling Control Commission Approves Key Licensing Decisions Amid Regulatory Updates

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The California Gambling Control Commission held a significant meeting on April 18, 2024, to discuss and decide on various licensing and compliance matters crucial for the operation and regulation of the state’s gambling entities. The California Gambling Control Commission’s agenda was packed with key issues ranging from the renewal of cardroom licenses to the approval of tribal gaming key employees.

A notable decision from the meeting was the approval of the Revenue Sharing Trust Fund Final Report, allowing for the distribution of quarterly license revenue to eligible recipient Indian tribes. This move underscores the California Gambling Control Commission’s ongoing commitment to supporting tribal communities through structured revenue sharing, even as some financial shortfalls were acknowledged.

The California Gambling Control Commission also reviewed several renewal applications for cardroom owner licenses. Noteworthy renewals included Bankers Casino under Old Town Investments Incorporated, Blacksheep Casino Company and Bruce’s Bar and Casino, which were approved with specific conditions related to operational compliance and security protocols.

Another critical area of focus was the licensing of key employees at tribal casinos. Several applications for initial and renewal of key employee licenses were approved, reflecting the California Gambling Control Commission’s stringent oversight in ensuring that individuals in significant casino roles meet the regulatory requirements. These decisions are essential for maintaining the integrity and security of gaming operations within the state.

Additionally, the meeting addressed the renewal and approval of third-party proposition player services, which are vital for cardrooms that do not bank their games. The California Gambling Control Commission approved several of these licenses, highlighting its role in facilitating responsible gambling while ensuring compliance with state laws.

The California Gambling Control Commission’s actions during the April meeting highlight the complex regulatory environment governing the state’s gambling industry and its proactive approach in adapting to new challenges and ensuring fair and safe gambling practices.

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