Compliance Updates

Judge Rules that Pennsylvania Skill Games are ‘Devices of Skill’

Published

2 years ago

June 7, 2023

A Monroe County judge has ruled that Pennsylvania Skill games are legal. Click here to read the order from Monroe County Court of Common Pleas Judge Jonathan Mark.

Games were seized in 2022 from a small business during a seizure carried out by the Monroe County District Attorney’s office in coordination with the Pennsylvania Bureau of Liquor Control and Enforcement (BLCE) even though skill games have been deemed legal by courts of law.

In his ruling, Judge Mark said Pennsylvania Skill ‘devices are games of skill and not games of chance’.

In a Monroe County ruling earlier this year on the seized skill games, a judge reprimanded county prosecutors alleging misconduct in the investigation and their prosecution of legal skill games. Click here to read the Monroe County order.

“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,” Monroe County Common Pleas Judge Jennifer Harlacher Sibum wrote.

Pennsylvania Skill games also have been deemed legal skill games by other courts this year. Pace-O-Matic won a return of property motion in York County. This property – gaming machines, related equipment and cash – was wrongfully seized by BLCE. Click here to read the York County order.

In addition, a Dauphin County judge ruled in favor of the games and against county prosecutors this year. Click here to read the Dauphin County ruling.

“Initially, it is this Court’s belief that the Commonwealth’s investigation shows case bias,” Dauphin County Common Pleas Judge Andrew H Dowling wrote. “The Commonwealth is seeking to make all machines like the POM Machines into illegal gambling devices and their whole approach and intent is to shut down games regardless of the actual gameplay. Thus, the Commonwealth as a whole is biased against the games and their approach lacks case credibility.”

“Pace-O-Matic’s Pennsylvania Skill games are legal,” the counsel for Pace-O-Matic, Matthew Haverstick of Kleinbard LLC, said. “The Commonwealth has wrongfully seized its equipment for years with no credible evidence that the games are illegal. Judges are now carefully looking at the evidence and ruling in our favor.”

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“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. “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. In fact, Pace-O-Matic stands out among our competitors as the active driving force seeking additional regulation and taxation.”

Legislation introduced by Pennsylvania Senator Gene Yaw will regulate skill games and tax them at a rate that would generate $300 million a year for the Commonwealth.

Pennsylvania Skill games 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, skill games also have been returned in both Clearfield and Delaware counties.

Pennsylvania Skill has pumped new life into the Commonwealth’s small businesses, fraternal and social clubs, volunteer fire companies and veterans’ organizations by providing an entertainment product that the public enjoys. Meanwhile, research data proves skill games do not impact the revenue of casinos and the lottery, both 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.

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.

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. Click here to read that court decision.

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. Click here to read that order.

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Compliance Updates

Public Health Advocacy Institute (PHAI) Joins Congressional Leaders to Reintroduce SAFE Bet Act Ahead of March Madness

Published

3 days ago

March 13, 2025

Niji Narayan

The Public Health Advocacy Institute (PHAI) at Northeastern University School of Law supports Congressman Paul D. Tonko (NY-20) and Senator Richard Blumenthal (D-CT) as they reintroduced the SAFE Bet Act, which addresses the risks associated with legalized gambling.

As of 2025, 39 states and the District of Columbia have legalized sports betting, but the necessary safeguards are not in place to address the public health risks that legalizing sports betting creates. The SAFE Bet Act, first introduced in September 2024, addresses those public health concerns.

The SAFE Bet Act establishes federal standards while preserving the opportunity for anyone who wishes to participate in legal sports betting. These standards will address advertising, affordability, and artificial intelligence issues.

Director of Gambling Policy at PHAI, Dr. Harry Levant, said: “The rapid and unprecedented expansion of the gambling industry has resulted in a public health crisis the scope of which we are only beginning to recognize.”

“Once unthinkable partnerships between the gambling industry, professional and collegiate sports, broadcast media, and technology companies have resulted in the delivery of non-stop gambling action on virtually every phone, tablet, computer, and television. Gambling is a known addictive product, and the 2025 SAFE Bet Act protects the public by replacing the ethically flawed ‘responsible gaming’ model with comprehensive public health solutions designed to prevent gambling-related harm,” Levant added.

“Like cigarettes, online sports gambling apps are a highly addictive product designed to entrap consumers into compulsive use, robbing them of free choice as well their money. The Safe Bets Act aims, among other things, to eliminate the predatory features of current sports betting apps, still allowing users to bet on the game but not to bet compulsively instead of even watching the game,” said PHAI President and Professor of Law at Northeastern University, Richard Daynard.

“Where there is a public health problem, there needs to be a public health solution. At PHAI, we understand that blaming the people who are struggling with gambling and referring to them as ‘irresponsible’ consumers is not a public health solution. The 2025 SAFE Bet Act recognizes that the government needs to take a more active role when dealing with the new high-intensity sports gambling products that are causing so much pain today. The SAFE Bet Act is a public health solution,” said Mark Gottlieb, Executive Director of PHAI.

Compliance Updates

PrizePicks Becomes the First Fantasy Sports Operator to Earn iCAP Certification

Published

3 days ago

March 13, 2025

Niji Narayan

PrizePicks, the largest daily fantasy sports operator in North America, announced it has received Internet Compliance Assessment Program (iCAP) accreditation from the National Council on Problem Gambling (NCPG). PrizePicks is the first and only fantasy sports operator to receive the recognition. iCAP certification is granted to operators that meet the NCPG’s high standards for responsible gaming and consumer protection practices.

“This certification is a powerful recognition of the culture we’ve built at PrizePicks, and an incredible honor that underscores our unwavering commitment to putting player safety first. I want to extend my sincere thanks to the NCPG for their thorough evaluation, and to our exceptional team for setting the bar as an industry leader in responsible gaming,” said Mike Ybarra, CEO of PrizePicks.

Developed by the NCPG, iCAP is the leading online responsible gaming assessment program in the US. The rigorous certification process involves an independent, comprehensive review of an operator’s responsible gaming policies and practices, spanning Know Your Customer (KYC) protocols, staff training programs, work culture, consumer protection measures, RG tool offerings, customer service standards, and regulatory compliance. The NCPG’s evaluation of PrizePicks ensured alignment with the highest Internet Responsible Gaming (IRG) standards, drawing from best practices across jurisdictions worldwide.

“We are proud to recognize PrizePicks as the first daily fantasy sports operator to receive iCAP accreditation. This achievement highlights their unwavering commitment to player protection and promoting positive play, setting a new benchmark for excellence in the industry,” said Jaime D. Costello, Director of Programs at the National Council on Problem Gambling.

Canada

Fennica Gaming Granted Supplier License for Ontario Market

Published

6 days ago

March 10, 2025

Niji Narayan

Fennica Gaming has announced that it has been granted a gaming supplier license in Ontario, Canada. This milestone marks a significant step in the company’s expansion strategy, allowing it to offer its cutting-edge gaming experiences to gaming operators in one of North America’s most dynamic regulated markets.

The supplier license, granted by the Alcohol and Gaming Commission of Ontario (AGCO), enables Fennica Gaming to introduce its portfolio of entertaining and high-quality games to gaming operators across the province. This registration empowers Ontarian operators, whether online or land-based, to access the omnichannel offerings developed in the Nordics.

“We are thrilled to receive our B2B supplier license in Ontario and to offer our advanced gaming solutions to operators in the region. After a thorough application process, we can now proudly and prominently display our registration and achievement. We have followed the market in North America for a long time and Ontario is an excellent example of market that is well organized. It represents an exciting market with immense potential, and we are committed to delivering secure, entertaining, and trustworthy gaming experiences tailored to local preferences,” Timo Kiiskinen, Managing Director of Fennica Gaming, said.

Fennica Gaming’s Nordic gaming experience and heritage as an omni-channel gaming operator through its parent company Veikkaus offers a broad range of entertainment for Ontarian operators with a player-first attitude. This registration supports Fennica Gaming’s commitment to a sustainable industry, enabling operation in compliance with Ontario’s local regulatory framework.