Compliance Updates
Florida Targets Fantasy Sports Firms Over Possible Illegal Betting Games
Florida gambling regulators have sent cease-and-desist letters to three daily fantasy-sports operators accused of offering potentially illegal mobile betting games and threatened legal action if the sites don’t immediately stop.
Commission Executive Director Lou Trombetta sent letters warning the three companies that they “may be offering or accepting illegal bets or wagers” from Floridians and “may be promoting and conducting an illegal lottery.”
The alleged conduct is “strictly prohibited in Florida and constitutes criminal activity,” Trombetta wrote.
The letters targeted Underdog Sports, LLC, which is based in Brooklyn, N.Y; SidePrize LLC, also known as Performance Predictions LLC, doing business as PrizePicks, which is based in Atlanta; and Betr Holdings, Inc., which is based in Miami.
In fantasy sports, players can draft rosters of actual athletes, with the winners of fantasy games determined by the statistics of the athletes. Many games, like office pools, last all season.
The three companies offer what are known as “parlay-prop-style” games that could be more similar to sports-betting games that are off-limits in Florida.
“Under Florida law, betting or wagering on the result of contests of skill, such as sports betting, including fantasy sports betting, is strictly prohibited and constitutes a felony offense unless such activity is otherwise exempted by statute,” Trombetta’s letter said. “Accordingly, in Florida, sports betting may be lawfully conducted only pursuant to a gaming compact. … Further, receiving such illegal bets and wagers and aiding or abetting such criminal activities constitute separate felony offenses. … Lotteries are also strictly prohibited in Florida.”
A gaming compact is an agreement reached with the state.
The commission did not send letters to DraftKings and FanDuel, which have dominated the fantasy-sports market in the decade since the online games launched.
It was unclear Friday if the commission would crack down on other operators in the future, but emails show the gambling overseers could be casting a broad net.
“As you might imagine, my exec team asking what the letter means and seeking actionable advice, pretty urgently. Would like to discuss the substance at some point, but if you can help with one question, it would be great. Namely, Underdog operates multiple paid fantasy formats (season-long drafts, daily drafts, pick’em) and I just want to confirm my reading of the letter, which is that the legal conclusion applies to all paid fantasy contests — e.g., all of our contests — and not just particular types,” Nicholas Green, Underdog’s general counsel, wrote Friday to Ross Marshman, the commission’s general counsel.
“Your reading of the letter is correct,” Marshman replied.
John Lockwood, an attorney hired by multiple operators, warned that other companies could be swept up in the crackdown.
“The commission staff confirmed to me that the language in the letter broadly applies to all paid fantasy sports contests, and they are not aware of any paid fantasy sports company operating legally in Florida. We disagree on the merits and will be working with the commission and potentially the Legislature so we can ensure Florida sports fans can continue to play,” Lockwood said.
State lawmakers in the past have grappled with creating regulatory oversight for the fantasy-sports industry, to no avail. Proponents of fantasy sports have insisted that the contests are games of skill, not chance, and thus are legal under state gambling laws.
Trombetta issued the letters as a legal battle continues over a 2021 compact reached by the state and the Seminole Tribe. That deal gave the tribe control over sports betting in Florida.
A “hub and spoke” plan in the agreement would allow gamblers anywhere in the state to place bets online, with the wagers run through servers located on tribal lands. The deal requires sports betting to be “exclusively conducted” by the Seminoles but allows other operators to run fantasy sports contests.
Owners of West Flagler Associates and Fort Myers Corp., doing business as Bonita Springs Poker Room in Southwest Florida, filed a lawsuit challenging the compact, saying it violated federal law and would cause a “significant and potentially devastating impact” on their operations.
A federal judge in Washington, D.C., in November 2021 ruled that the deal violated a key Indian gambling law. But a three-judge panel of the U.S. Circuit Court of Appeals for the District of Columbia in June reversed that decision. The appellate court last week denied a request for what is known as an “en banc” rehearing before the full court.
The pari-mutuel owners filed a motion saying they would ask the U.S. Supreme Court to weigh in, arguing the panel’s decision conflicts with other appellate rulings and “enables an extreme shift in public policy on legalized gaming that, once started, may be difficult to stop.”
The American Gaming Association (AGA), European Casino Association (ECA), and the Betting & Gaming Council (BGC) announced the signing of a memorandum of understanding (MOU) that marks the beginning of a collaboration grounded in shared industry values and priorities. The MOU formalizes a commitment among the three associations to address key issues facing the global gaming industry including illegal gambling, responsible gaming, innovation, and security.
“This new partnership is a significant step forward in our collective efforts to advance the legal gaming industry and protect consumers around the globe. By sharing our unique resources, we will expand our fight against illegal gambling to new fronts, work together to strengthen responsible gaming, and innovate around business best practices,” said AGA President and CEO Bill Miller.
“By fostering dialogue and cooperation across borders, the AGA, ECA, and BGC are taking a proactive approach to safeguarding the integrity of the legal gaming industry and ensuring its continued growth and success,” Miller added.
The MOU will create a platform for undertaking joint research projects and bringing each organization’s staff and members together to share expertise.
“The European Casino Association stands united with the AGA and BGC in its commitment to addressing the key issues facing all gaming industry stakeholders. The ECA fully backs this initiative and supports the ongoing efforts to rigorously combat illegality within our industry, continuously strengthen player protections and security, and ensure the creation of an environment that fosters innovation and growth within the gaming community. On behalf of the ECA, I look forward to participating in the forthcoming law enforcement roundtable and to sharing the benefits of these learnings with our members,” said Erwin van Lambaart, Chairman of the European Casino Association.
Betting and Gaming Council CEO Grainne Hurst said: “This partnership marks a new chapter in our shared vision to build a world-class, trusted and sustainable betting and gaming industry. BGC members are rightly proud of their reputation as global leaders, and they know the power of collaboration. Working together with the AGA and ECA, I am confident our shared knowledge and expertise will be vital to bolstering safer gambling standards while tackling the threat of the growing and unsafe unregulated gambling black market in the UK.”
The first initiative under this MOU will be a law enforcement roundtable focused on combating illegal gambling. Scheduled for January 2025, this roundtable will bring together industry leaders, law enforcement officials, and regulators to discuss the impact of illegal gambling on legal operators, consumer safety, and the global financial system. The session will also explore strategies for enhancing cross-jurisdictional communication and developing actionable solutions to address these challenges.
Compliance Updates
Stake approved by Brazil’s Ministry of Finance, included in list of authorised operators
Stake is thrilled to announce that Brazil’s Ministry of Finance has officially included Stake Brazil Ltda. in the country’s list of authorised betting operators.
The decision was made following a thorough review of Stake’s application and supporting documents and will allow the brand to operate in Brazil’s booming iGaming market.
While the Ministry of Finance is in the process of evaluating a full licence application, Stake’s inclusion on the authorised operator list will allow Stake Brazil to continue offering the best-in-class gaming and betting experience that local consumers have come to expect.
Stake’s commitment to Brazil will soon be further enhanced, with plans to open an office in São Paulo. The operator will also hire a dedicated country manager, just as it has in other key Latam territories, to bolster operations and hire additional team members. This is in order to grow the local footprint in the region, while complementing Stake’s global operations.
From a partnerships point of view in Brazil, Stake has already enjoyed a fantastic relationship with Série A side Juventude during its first season with the club, which culminated in a journey to the Campeonato Gaucho Final & Copa do Brazil Quarter Final.
Stake’s partnership with UFC in Brazil has also gone from strength to strength over the years while working with athletes like Alex Pereira and Alexandre Pantoja as they aim to cement their champion status.
Stake would like to extend its gratitude to customers, partners, and the Brazilian regulatory authorities for their support and cooperation during this process.
Online gaming industry veterans BetConstruct announce that they are now able to assist partners in acquiring the prestigious Tobique Gaming Licence.
Issued by the Tobique First Nation of New Brunswick, Canada, the Tobique Gaming Licence provides a gateway in the form of vigorous regulatory framework and responsible gaming practices. The licence is overseen by the Tobique Gaming Commission. Operators holding the Tobique Gaming Licence are required to be in full compliance with local regulations, amounting to increased trust between markets and operators.
Here’s Why Operators Need the Tobique Licence:
- Entry to new and emerging markets: Operators holding the licence will be able to expand their reach into diverse local markets, all while remaining compliant with regulations. This will allow them to acquire a wider customer base.
- Upholding responsible gaming: With responsible gaming being of high importance in the industry, the Tobique licence helps operators foster a secure gaming environment, highlight the significance of responsible practices, and enhance customer trust.
- Favourable tax policy: Operators holding a Tobique licence benefit from exemptions on various taxes and levies related to gaming activities, allowing for substantial profit growth while in full compliance with relevant regulations.
- Streamlined payment and supplier risk management: The licence ensures faster onboarding processes while maintaining confidence in the jurisdiction’s robust controls.
Additional Benefits of Holding the Tobique Licence:
- Easy application process through an online portal with fast processing times.
- A dedicated team of professionals readily available for timely assistance.
- Minimal application and maintenance fees (with no taxes).
- No requirements for local company presence, personnel, or infrastructure in the jurisdiction.
As a reputable company, BetConstruct remains committed to endorsing regulatory policies and championing responsible gaming. Through collaborating with the Tobique First Nation, the company is eager to aid partners in upholding regulatory compliance, particularly within the framework of entering new markets. This amounts to a safer industry for all involved
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