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Compliance Updates

Pennsylvania Skill, Powered by Pace-O-Matic, Ruled a Legal Game of Skill by Another Pennsylvania Court

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Today, Pace-O-Matic announced the company won a return of property motion in York County, Pennsylvania. This property encompassing gaming machines, related equipment and cash, was wrongfully seized during raids conducted by the Pennsylvania Bureau of Liquor Control and Enforcement (BLCE).

“Pace-O-Matic’s Pennsylvania skill games are legal,” said the counsel for Pace-O-Matic, Matthew Haverstick of Kleinbard LLC. “The Commonwealth has wrongfully seized this equipment for years with no credible evidence that they are illegal. Today, the Commonwealth refused to present witnesses or make a case that the games are illegal. This issue as a matter of law is decided and the courts have ruled appropriately and consistently so.”

“Again, another Pennsylvania court has found that Pennsylvania skill games, powered by Pace-O-Matic, are legal games of predominant skill,” the Chief Public Affairs Officer for Pace-O-Matic, Mike Barley, said. “Our Pennsylvania skill game has been ruled a game of predominant skill by multiple courts across the Commonwealth. With the legality of our games upheld repeatedly, we are eager to work with the legislature to pass legislation that will fairly regulate and tax the skill game industry. Pace-O-Matic stands out among our competitors as the active driving force seeking additional regulation and taxation.”

Pennsylvania skill games, powered by Pace-O-Matic, have been ruled games of predominant skill by courts in Beaver, Dauphin, Monroe and York Counties. Additionally, after a review of the law and court decisions, our games have been returned to us in both Clearfield and Delaware Counties. Just last month, we received a favorable ruling in Dauphin County declaring Pennsylvania skill games legal. The Dauphin County Court ruling also castigates the Commonwealth and BLCE for their biased conduct.

“All three of the Commonwealth witnesses opined that the games were predominantly games of chance,” wrote Dauphin County Common Pleas Judge Andrew H Dowling. “However, we do not find these opinions to be persuasive for a number of reasons. Initially, it is this court’s belief that the Commonwealth’s investigation shows case bias. The Commonwealth is seeking to make all machines like the Pace-O-Matic machines into illegal gambling devices and their whole approach and intent is to shut down games regardless of the actual gameplay. The fact that Officer Wentsler never played the Follow Me feature while undercover is indicative of this. Thus, the Commonwealth as a whole is biased against the games and their approach lacks case credibility.”

Earlier this year, the Monroe County Court of Common Pleas ruled that our games are legal games of skill and alleged misconduct in the investigation and prosecution of legal skill games.

Last month, Monroe County Common Pleas Judge Jennifer Harlacher Sibum wrote: “The court finds that the Commonwealth improperly withheld and misrepresented material evidence relative to the issuance of the search warrant in this matter and that such conduct warrants the suppression of the seized property.”

Pennsylvania Skill has pumped new life into the Commonwealth’s small businesses, fraternal and social clubs and veterans’ organizations by providing them with an entertainment product that the public enjoys. Meanwhile, research data proves skill games do not impact the revenue of casinos and the lottery, achieving record profits yearly. Pennsylvania skill games are manufactured in the Commonwealth, and over 90% of the profits stay inside the state. That is unheard of in gaming and many other industries. Pace-O-Matic is proud of its record and looks forward to continuing to benefit Pennsylvania businesses, clubs, and taxpayers now and in the future.

Pace-O-Matic’s Pennsylvania skill products are manufactured by Miele Manufacturing in Williamsport, which has created nearly 200 direct jobs. Many of the materials used to make up the gaming machines come from companies in the Commonwealth. Additionally, Pennsylvania skill game revenue has become a lifeline to fraternal clubs and organizations across the Commonwealth including American Legions, VFWs and local fire companies.
As part of ongoing efforts to ensure compliance, Pace-O-Matic employs a team of former state police officers to enforce all terms of contracts and codes of conduct. These contracted terms limit the number of machines, where they are placed in a location and have protections in place to prevent anyone underage from playing the devices.

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In 2014, the Beaver County Court of Common Pleas ruled that Pace-O-Matic’s Pennsylvania skill games are legal as games of predominant skill. In addition, last year, the Pennsylvania Office of the Attorney General and the Clearfield County District Attorney’s office negotiated a settlement to return wrongfully seized Pennsylvania Skill games, related equipment and cash.

Canada

AGCO Fines Great Canadian Casino Resort Toronto $350,000 for Serious Regulatory Violations Linked to Impromptu After-Party on Gaming Floor

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The Alcohol and Gaming Commission of Ontario (AGCO) has issued monetary penalties totaling $350,000 against Great Canadian Casino Resort Toronto for multiple violations of provincial gaming standards. The penalties follow an impromptu after-party that was permitted to take place in the pre-dawn hours directly on the casino’s gaming floor.

On September 27, 2024, an electronic dance music event attended by thousands of people was hosted in the theatre adjacent to the casino at Great Canadian Casino Resort Toronto. The event was marked by widespread intoxication, disorderly behavior, and numerous criminal and medical incidents – both inside and outside the venue – including alleged assaults, drug overdoses, and acts of public indecency. Although paid duty officers were present, additional police and emergency services were required to manage the situation.

In the midst of this high-risk environment, casino management approved an unscheduled request by the performing artist to host an after-party on the active gaming floor. The artist and more than 400 guests were permitted onto the gaming floor where the artist was allowed to perform amidst operational table games and gaming machines – without any prior risk assessment or planning.

As a result, security personnel were unable to effectively control the casino floor, including witness reports that an attendee was seen climbing onto slot machines. Failure to maintain appropriate control compromises the security, safety, and integrity of the casino floor. Following the conclusion of the event, the operator failed to promptly report these incidents to the AGCO as required.

Based on the findings of its review, the AGCO’s Registrar has issued an Order of Monetary Penalty (OMP) totaling $350,000 against Great Canadian Casino Resort Toronto. These penalties address critical failures in their operations, incident reporting, employee training, and the management of disturbances.

A gaming operator served with an OMP has 15 days to appeal the Registrar’s decision to the Licence Appeal Tribunal (LAT), an adjudicative tribunal that is part of Tribunals Ontario and independent of the AGCO.

“Casino operators have a fundamental duty to control their gaming environment. Great Canadian Casino Resort Toronto’s lapses in this incident compromised the safety of patrons and the security and integrity of the gaming floor,” Dr. Karin Schnarr, Chief Executive Officer and Registrar of AGCO, said.

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Compliance Updates

Esportes da Sorte holds forum on “Integrity in Sports” with Ceará and Náutico

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Esportes da Sorte holds forum on “Integrity in Sports” with Ceará and Náutico

 

Esportes da Sorte hosted its Match-Fixing Prevention Forum last week at Ceará and Náutico as main sponsor of both clubs. Held in partnership with Sportradar, the initiative is part of a series of in-person workshops, with upcoming sessions planned for Corinthians and Ferroviária.

The project aims to combat illegal practices and reinforce a strong commitment to integrity in sport. Activities were tailored for athletes and members of the technical staff from the men’s and women’s professional teams, as well as the under-20 squads. During the sessions, topics such as the definition of match-fixing, types of fraud, fraudsters’ modus operandi, legal risks, and reputational impacts were covered. Participants were offered practical guidance on how to respond to suspicious approaches.

“This training programme reinforces our commitment to sports integrity and responsible gaming, pillars that guide our actions. We believe education is the best form of prevention, and we want to stand alongside clubs in this joint effort for transparency and the protection of sport,” said Ana Carolina Luna Maçães, Compliance Manager at Esportes Gaming Brasil, the group behind the Esportes da Sorte brand.

“Ceará takes this topic very seriously. The club is an important player in the fight against match-fixing. We act preventively with regular meetings and have a handbook that addresses the topic with our squad. It is our duty to provide these moments of learning for athletes and technical staff. We live in a time when the integrity of sport is being questioned. In this scenario, actions like this are extremely important,” commented Lucas Drubscky, Football Executive at Ceará.

The sessions were led by Felippe Marchetti, Integrity Partnerships Manager at Sportradar, a global sports technology company and recognized authority in sports integrity. In Brazil, Sportradar partners with the Brazilian Football Confederation (CBF) and 17 state federations, monitoring more than 10,000 matches per season. The company recently signed a Technical Cooperation Agreement (TCA) with the Ministry of Finance and the Ministry of Sports.

“Raising awareness among athletes and teams is one of the most effective ways to protect competitions from manipulation. These workshops are designed to equip participants with the knowledge and tools to recognize threats and act responsibly. We are proud to support initiatives like this that strengthen the integrity of Brazilian sports,” said Felippe Marchetti.

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Compliance Updates

New Bill in California Could End Online Sweepstakes Gaming

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California State Assemblymember Avelino Valencia (D-Anaheim) has introduced Assembly Bill (AB) 831 to protect Californians from unregulated online gambling by prohibiting online sweepstakes games that use a “dual currency” model to mimic casino-style wagering.

“Sweepstakes” platforms sell virtual coins that are used to play casino-style games and can be redeemed for cash or prizes, essentially operating as unlicensed gambling businesses. By exploiting “No Purchase Necessary” disclaimers, they sidestep California’s regulatory framework and evade the state’s voter-approved proposition related to Tribal-State gaming. Many of these “sweepstakes” operators are based offshore and function without proper oversight, avoiding requirements like consumer protections, responsible gaming safeguards, background checks, and tax compliance.

“We cannot look the other way while these platforms exploit legal grey areas. These operations undermine the voter-approved framework that affirms Tribal governments’ sovereign right to conduct gaming in California. AB 831 strengthens that framework and ensures gaming in California remains fair and accountable,” said Assemblymember Avelino Valencia.

AB 831 fortifies existing sweepstakes laws and clarifies the illegality of internet-based sweepstakes that use the dual currency model. It reinforces the shared responsibility between the State, licensed operators, and Native Nations to keep gaming safe, transparent, and accountable. AB 831 is co-sponsored by the Yuhaaviatam of San Manuel Nation, the California Nations Indian Gaming Association (CNIGA), and the Tribal Alliance of Sovereign Indian Nations (TASIN), reflecting strong support from across Indian Country.

“For over 25 years, Tribal governments like Yuhaaviatam of San Manuel Nation, have upheld the will of California voters by operating gaming with integrity. That commitment has allowed us to reinvest in our communities, boost local economies, and support essential public services on reservations and in partnerships across the state. Illegal online gaming now threatens this foundation—compromising voter-approved law and putting Californians at risk,” said Yuhaaviatam Tribal Council of San Manuel Chairwoman Lynn Valbuena.

“We support this legislation that will close dangerous loopholes and strengthen the integrity of California’s gaming system. We remain committed to defending a proven framework that protects the sovereignty of Tribal Nations and delivers real and lasting benefits to all Californians. Together, Tribal governments and the State of California will continue to address and take decisive action against illegal internet gaming in all its forms,” said Yuhaaviatam Tribal Council of San Manuel Vice Chairman Johnny Hernandez, Jr.

“Tribal government gaming contributes nearly $25 billion to California’s economy, sustains over 112,000 jobs, and funds critical community programs. Unregulated online sweepstakes threaten this voter-approved system by imitating casino gaming without oversight, accountability, or community investment. These illegal platforms erase the benefits of regulated gaming while exposing consumers to serious risks,” said CNIGA Chairman James Siva.

AB 831 is pending a hearing in the Senate.

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