Compliance Updates
Pace-O-Matic Announces Major Fraud Suit Against Prominent Pennsylvania Law Firm
Pace-O-Matic (POM), a Georgia-based gaming company that does significant business throughout Pennsylvania, announced a major fraud claim against one of Pennsylvania’s most prestigious law firms.
The lawsuit alleges that Eckert Seamans Cherin & Mellott, LLC, a Pennsylvania-based law firm deceived its client, POM, by taking millions of dollars to represent the gaming company, while at the same time representing a Pennsylvania casino that opposed POM’s operations in the Commonwealth and launched lawsuits against POM. When confronted with the conflict of interest, Eckert first denied the conflict, then swore to a Federal District Court they would not engage in a conflict, then continued to work surreptitiously against POM and POM’s interests.
“Make no mistake about it, Eckert engaged in an egregious conflict of interest where they unethically pitted one client against another,” said Michael Barley, POM’s Chief Public Affairs Officer. “This case and record are clear, and we are hopeful the courts will right the damage that Eckert and its agents have inflicted upon POM, its customers, and countless Pennsylvanians.”
Eckert is a major law firm that has more than 300 lawyers across a network of 15 offices, including Philadelphia, Harrisburg, Pittsburgh, Boston, Washington, DC, and Richmond, VA.
The lawsuit contends that Eckert “took up arms” against POM on behalf of the Philadelphia-based Parx Casino; that Eckert “actively participated in and covertly manipulated litigation” in Pennsylvania Commonwealth Court adverse to POM’s interests; and that Eckert participated in a campaign intended to “destroy POM’s business by attempting to convince elected and appointed public officials that POM’s games are gambling devices that should be seized and outlawed.” In particular, Eckert used its influence to improperly target the Pennsylvania Gaming Control Board.
When confronted by POM’s allegation that Eckert was double-dealing and had breached its professional duties of loyalty and confidentiality, Eckert denied the claim, while seeking to shield the law firm’s emails with the Parx Casino which would, if made public, reveal that numerous lawyers at Eckert, led by Mark Stewart, co-chair of Eckert’s gaming practice group, were indeed simultaneously taking money from and representing the Parx Casino.
Parx Casino calls itself “the #1 casino in Pennsylvania” and is owned and operated by Greenwood Racing Inc.
Eckert, working at the behest of Parx Casino and its consultants, sought to block Pace-O-Matic from doing business in Pennsylvania.
The suit also alleges that Eckert “violated their most basic fiduciary duties and concealed and misrepresented material facts to POM’s great detriment. As a result, POM is entitled to appropriate damages.
In November 2021, US Magistrate Judge Joseph Saporito, Jr. found that Eckert acted in “bad faith” by seeking to withhold emails that demonstrated Eckert was representing both sides.
Eckert, Saporito ruled, “actively and clandestinely managed and participated in the representation of Parx in the Commonwealth Court litigation against its other client, POM. Moreover, based on our in camera review of the purportedly privileged documents, it did so with full knowledge that the conflict asserted by POM precluded its active and continuing representation of Parx in the Commonwealth Court litigation.”
Saporito continued, “in light of the clear and obviously intentional subterfuge demonstrated in the purportedly privileged documents, we have no difficulty concluding that these documents evidence an intent by Stewart and Eckert to play fast and loose with the courts”.
Eckert appealed Jude Saporito’s ruling, which required Eckert to turn over to POM many internal emails. On July 5, 2022, Federal Judge Jennifer P. Wilson ruled for POM, declaring, “in making inconsistent representations to the court, Eckert has attempted to obstruct the discovery process as to the central issue in this case: whether Eckert breached its fiduciary duty to POM by representing Parx, a party with adverse interests, at the same time that it represented POM.”
POM is a leading developer of legally compliant games of skill in the United States. Its games are played in thousands of small restaurants and bars, along with many social halls such as American Legion and Veterans of Foreign War posts. Our games generated millions of dollars in revenue for businesses and clubs in Pennsylvania last year and its games can be found in thousands of businesses, mostly small mom and pop shops, along with many social halls.
Elys BMG Group announced that The Ugly Mug in Washington D.C. has been granted provisional approval from the District of Columbia Office of Lottery and Gaming Regulation and Oversight Division (DCOLG) to open its sportsbook at 723 8th St. SE. As the fourth privately owned sportsbook venue in the District powered by Elys’ innovative Gameboard betting technology, The Ugly Mug stands as a testament to Elys’ commitment to bringing cutting-edge solutions to local businesses and sports enthusiasts.
The grand opening for The Ugly Mug sportsbook is anticipated to occur during the week of April 27th. Elys will unveil the grand opening festivities, promotions, and events as the date draws closer.
With easy access to sports wagering and a classic American menu in a relaxed setting, The Ugly Mug sportsbook is set to become a premier destination in the Navy Yard region of Washington D.C. and is another step forward for Elys becoming the leading betting technology provider for neighborhood sportsbooks in the US.
eCOGRA, the Internationally renowned Independent Testing Laboratory, has been officially authorized by the Secretaria De Prêmios e Apostas (SPA) to operate as a certifying entity for betting systems, live gaming studios, and online games in Brazil. This announcement marks a significant milestone as eCOGRA continues to extend its international offering of iGaming testing, inspection, and certification (TIC) services in regulated markets across the globe.
The announcement comes two months to the day after eCOGRA received approval to operate as a Certification Laboratory in Peru. The organization now operates in 39 online gambling jurisdictions, including Buenos Aires City and Province, Peru, Mendoza, Colombia, and Brazil in South America.
Since its establishment in 2003, eCOGRA has been at the forefront of online gambling certification, providing assurance on fairness and safety to players while offering the highest standards in TIC services to industry operators and software providers seeking to comply with regulatory requirements. The approval to operate in Brazil reflects both the trust eCOGRA has built in the international iGaming community and the quality of its certification services.
Bradley Khoury, Chief Technical Officer of eCOGRA, said: “We are thrilled to bring over two decades of expertise in online gambling certification to the vibrant market of Brazil. This approval from the Secretaria De Prêmios e Apostas (SPA) of the Brazilian Ministry of Finance is not only a testament to our unwavering commitment to the highest standards of competence and quality but also marks an exciting new chapter for eCOGRA. We look forward to working closely with Brazilian operators and interested parties to ensure a safe and fair gaming environment for all players.”
The new Brazilian regulatory framework aims to effectively safeguard player interests and enhance the integrity of online gambling operations within the country.
“Brazil offers a dynamic and rapidly growing market, and we are excited to contribute to its development. Our goal is to ensure that Brazilian players have access to certified iGaming experiences, akin to what has successfully been implemented in other highly regulated jurisdictions,” Khoury added.
Operators and software developers offering in the federal Brazilian jurisdiction seeking to comply with the laws and regulations by undergoing testing, inspection, and certification can now turn to eCOGRA for their renowned services, assured of their commitment to quality, impartiality, and fairness.
International Game Technology (IGT) and Acres 4.0, Acres Manufacturing Company, and John Acres (Acres) announced that effective April 12, 2024, they have reached an agreement to resolve all legal disputes between the two companies. Terms of the settlement have not been announced.
The resolution was reached in the US District Court of Nevada, directed to US patents that pertain to facilitating use of a financial transaction device in a cashless wagering system in a gaming system, and Nevada State Court directed to a breach of contract claims.
“IGT is pleased to reach a mutual agreement with Acres that resolves all disputes between us. This allows us to dedicate our collective resources where they are better served, driving continued innovation in the exciting and evolving cashless gaming space,” said Nick Khin, IGT COO Gaming.
“We are thrilled to put this matter behind us and work cooperatively with IGT to build exciting new gambling experiences that can increase both player enjoyment and casino profits,” John Acres, CEO of Acres, said.
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