Compliance Updates
Pennsylvania Commonwealth Court Unanimously and Definitively Rules Pennsylvania Skill, powered by Pace-O-Matic, a Legal Game of Skill
The Commonwealth Court of Pennsylvania unanimously ruled that Pace-O-Matic’s (POM) Pennsylvania Skill games are legal games of skill.
In the case, originally brought forth in Dauphin County, the Commonwealth Court ruled that the POM game is a game of predominant skill, not a game of chance, and that the “POM machines are not slot machines [and] the POM machines are not illegal” as noted in the ruling.
“This is a major victory for Pennsylvania Skill, but it’s equally a victory for our operators and the thousands of small businesses, volunteer fire companies, and fraternal clubs who have come to depend on the revenue our games provide,” said Paul Goldean, President and CEO of Pace-O-Matic. “This is also a win for many players across the commonwealth who enjoy skill games as a popular entertainment option. Our games have always been legal, and this ruling proves that once and for all.”
In the ruling, the Commonwealth Court states explicitly that “POM machines are not slot machines” and goes on to reject the Commonwealth’s intentionally broad definition of a slot machine to include games of predominant skill, going so far as to state that “such an interpretation is inappropriate.”
The court agrees with the appellees that “substantial evidence supports the trial court’s legal conclusion that skill predominates over chance” in the POM game. The court also states in the ruling that the Commonwealth’s argument that the game’s skill-based elements are secondary, insignificant, or hidden is “factually untrue.”
The court therefore concludes that “POM machines are not gambling devices” and “therefore, do not constitute derivative contraband” and that “these electronic games are not illegal.”
Lastly, the court notes that “the Commonwealth was aware of adverse legal authority [referring to the Pinnacle case in which the POM game was determined a game of skill], it was required to cite and distinguish it.” Yet the Commonwealth omitted it. The court goes on to state that they “caution the Commonwealth that the Pennsylvania Rules of Professional Conduct require candor toward the tribunal and, specifically, the disclosure of directly adverse authority.
Chief Public Affairs Officer Michael Barley added, “We have won every Pennsylvania county court decision that has questioned the legality of our games, and this ruling should put an end to any discussion on the matter. Additionally, the Court took note and objected to the continued actions of state actors who have purposefully ignored the law, and court decisions, continually and purposefully misrepresented how our games operate, and put their fingers down on the scales of justice in a reckless attempt to have our skill games found illegal. Largely at the behest of the Pennsylvania Gaming Control Board and a handful of casinos, led by Parx Casino. Thankfully, the court saw through those actions, analyzed the facts, and ruled appropriately our games are legal games of skill.”
Earlier this month, the Commonwealth Court of Pennsylvania also affirmed the return of several skill game terminals by the Court of Common Pleas of Monroe County – in doing so, also ruling the POM game a legal game of skill.
“Now that this ruling is in place, I hope we can focus on the more pressing matter of regulating and taxing skill games,” Barley concluded. “We are urging the General Assembly to pass reasonable legislation, not only to support the small businesses and organizations who benefit from skill games but to generate tax revenue for the state while also to giving law enforcement the framework they need to tackle illegal gambling. It’s a win-win for the commonwealth.”
Compliance Updates
Brazil’s Ministry of Finance Appoints Régis Dudena as Secretary of Prizes and Betting
Regis Dudena, a seasoned lawyer with expertise in Public and Regulatory Law, has been appointed as the new Secretary of Prizes and Betting at the Ministry of Finance in Brazil. Dudena’s appointment ordinance is signed by Rui Costa, Minister of the Civil House.
The new secretary had already been visiting the Ministry of Finance and getting closer to the entire group at the Secretariat of Prizes and Betting, until then led by Simone Vicentini, deputy secretary.
The appointment of the lawyer is attributed to the Executive Secretary of Finance, Dario Durigan. Dario and Dudena worked together at Palácio do Planalto during Dilma Rousseff’s government.
Both worked in the Legal Affairs secretariat of the Civil House. Dudena’s name is linked to other names on the left. He has good relations with Edinho Silva (PT), mayor of Araraquara (SP).
The SPA started operating two months ago. Since then, it had been without a permanent boss. Lawyer José Francisco Manssur, special advisor to the Ministry of Finance who coordinated the regulation of sports betting from the beginning, was the most likely to take on the position. But he was exonerated under pressure from Centrão politicians.
Bets representatives welcomed the name Régis Dudena.
From the beginning, the SPA was under the responsibility of Simone Vicentini, appointed as deputy secretary. Since then, it has edited the ordinances that defined requirements for laboratory accreditation and the sector’s regulatory policy.
Under her supervision, three laboratories have already been approved, GLI, eCogra, and BMM. Last week, the ordinance establishing the rules for payment transactions to be complied with by sports betting and online gaming operators was also published.
An Arkansas casino is seeking approval to operate an iGaming app, allowing people within the state to go online to play casino games such as slots, blackjack, craps and more.
On March 13, Carlton Saffa, Chief Market Officer for the Saracen Casino Resort in Pine Bluff, wrote to Arkansas Racing Commission Chairman Alex Lieblong asking for a change in the rules to allow Internet casino gambling, which is often referred to as iGaming or iCasino platforms.
On Monday, Saffa told Gambling.com he hopes to appear before the Arkansas Racing Commission on May 6 seeking approval to offer iGaming. The Arkansas Racing Commission regulates all gambling matters in the state including horse racing and casino games.
iGaming Doesn’t Hurt Bricks-And-Mortar Casinos: Saffa
Nationwide, only a half dozen states from Michigan to Connecticut offer Internet casino gambling. Arkansas would be the first in its region with iGaming, permitting users who want to log onto a computer or download an app to play traditional casino games for money. Other states in the region already offer sports betting.
In his March 13 letter to state regulators, Saffa said estimates indicate Internet casino gambling from the Saracen Casino Resort alone would generate an additional $12 million in taxes annually for the state. Internet casino gambling, or iGaming, generally raises more tax revenue than sports betting in states that have both.
However, in some states without iGaming, casino operators have fought legalization, contending customers won’t visit a bricks-and-mortar casinos and spend money at restaurants and on other amenities including entertainment and lodging if they can log onto cellphones or computers and gamble from anywhere. In his letter to state regulators, Saffa pointed to research showing iGaming doesn’t cannibalize bricks-and-mortar casinos but instead gives them ‘a lift’.
State Rule Change Required
Arkansas already allows online poker, though that has not been made available to consumers, Saffa said. He said the ability to allow iGaming would require the Arkansas Racing Commission to amend a rule to include Internet casino games in addition to the currently legal online card games such as poker.
“A solution exists by amending ARC Rule 5, which already authorizes online poker, to include other types of table games and slots,” Saffa told Gambling.com on Monday. “Doing so would provide significant tax revenues to government and, just as important, ensure that operators be held accountable by the government. Given that we have seen online operators in the fantasy sports space ignore cease and desist demands from the state, merely attempting to police the matter is not a workable solution.”
Saffa recently made a similar argument on the topic of unregulated gambling, telling Gambling.com on The Edge he opposes a ban on college player props bets, saying, “Sunlight is the best disinfectant.”
“People in Arkansas are already gambling in online casinos and those companies are not regulated or taxed by the Arkansas Racing Commission,” Saffa said Monday. “Those companies are not held to the standards the people of Arkansas set forth for operators to include that a customer must be 21.”
Compliance Updates
U.S. INTEGRITY AND ODDS ON COMPLIANCE ANNOUNCE REBRAND AS INTEGRITY COMPLIANCE 360
Following the successful completion of their merger, U.S. Integrity and Odds On Compliance Launch IC360, Establishing the One-Stop-Shop Standard for Integrity and Compliance Solutions
U.S. Integrity and Odds On Compliance announced the completion of their merger and the launch of the combined entity’s new name, Integrity Compliance 360 (IC360). The merger cements IC360 as the unequivocal global leader in delivering best-in-class integrity and compliance regtech products and services for the sports betting and gaming sector.
IC360 will leverage the combined expertise, resources, and industry knowledge of U.S. Integrity and Odds On Compliance to continue delivering innovative solutions that empower organizations to achieve and maintain the highest standards of integrity and compliance.
“The coming together of U.S. Integrity and Odds On Compliance represents a strategic alignment of values and a shared commitment to excellence,” said IC360 CEO Matt Holt, formerly CEO of U.S. Integrity. “As IC360, we are dedicated to providing our clients with 360-degree solutions that address their unique compliance challenges, ensuring they can operate with integrity and confidence in today’s complex regulatory environment.”
The strategic unification of these two prominent organizations reflects a commitment to providing unparalleled compliance and integrity solutions in a rapidly evolving regulatory landscape. “Our vision is clear: to help lead our industry forward on compliance and integrity standards, empowering our partners to raise the bar. We believe the IC360 brand represents just that. This is only the beginning of an exciting chapter for Integrity Compliance 360,” commented Eric Frank, President of IC360, formerly CEO of Odds On Compliance. The merger creates a comprehensive and dynamic suite of solutions and services.
IC360’s portfolio of services includes integrity monitoring, compliance advisory, and education, along with established products like the Integrity Monitoring dashboard, a foundational product for monitoring real-time sports integrity issues, PlayBookAI, the robust online repository of sports betting laws and regulations, and ProhiBet, the pioneering solution for ensuring compliance for athletes, coaches, and staff.
“With a comprehensive suite of services and leveraging the collective expertise of U.S. Integrity and Odds On Compliance, this is an evolution of a journey dedicated to setting industry benchmarks and creating a one-stop-shop for integrity and compliance needs,” added Scott Sadin, COO of IC360, formerly COO of U.S. Integrity. “Integrity Compliance 360 looks forward to a future marked by continued growth, impactful partnerships, and a steadfast dedication to the highest standards of integrity and compliance.”
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