Category Archives: Sports Betting

Supreme Court Could Rule in Favor of Sports Betting Expansion Soon, MLB & NBA Seek to Impose a Controversial Integrity Fee

Casino Watch Focus has reported over the years on the numerous efforts by New Jersey to legalize sports betting in their State. As is stands. Las Vegas is the only place where sports betting in allowed and the Supreme Court has heard arguments about the appropriateness of the PASPA, the law which makes it illegal outside of that specific jurisdiction. Experts believe the ruling could come as early as Monday, April 2nd, so states are getting ready. The Washington Post reports:

Some time before July — perhaps as early as Tuesday — the Supreme Court is expected to make a ruling that could drastically alter sports gambling in the United States, possibly striking down the 25-year-old federal law that largely prohibits sports bets outside of Nevada or maybe allowing individual states to decide for themselves whether fans should be permitted to wager on games.

While the Supreme Court could opt to maintain the status quo, many sports gambling analysts and court-watchers anticipate a ruling that lays out some sort of path to legal sports wagering. At oral arguments in December, a majority of justices seemed receptive to New Jersey’s argument. At least 18 state legislatures have some form of legislation in the works in anticipation of the Supreme Court giving them a path to legalized sports betting.

The States aren’t the only ones preparing for such a Supreme Court decision. Whereas the NHL and NFL are continuing their position of opposing sports gambling, the NBA and MLB are actively lobbying state legislatures to craft gambling legislation that they believe will be integral to the leagues. Bloomberg explains:

Now, on the eve of a Supreme Court decision that could reshape gambling in America the leagues have come around. Professional baseball and basketball have gone further: They also want a cut of the profits, drawing a new battle line with the casinos and sparking a state-by-state lobbying war. The National Basketball Association and Major League Baseball are asking legislators to require casinos to pay the leagues 1 percent of all wagers placed on their sports. Casinos and sports book operators, unsurprisingly, are vehemently opposed.

The fee is by far the most controversial entry on the leagues’ wish list, though there are others: The leagues want states to require bookmakers to use official data streams, share consumer information and allow the leagues final approval of what types of wagers are allowed on their games.

The leagues justify the fee as part royalty, owed to the league for rights to profit off its games; and part insurance policy, to offset the risk to the league that its games will be corrupted and the money it will spend to make sure they aren’t.

“Sports betting is built on our games,” NBA General Counsel Dan Spillane told a hearing of Connecticut legislators on March 1. “If something goes wrong, if there’s a scandal, something that tarnishes the image of the game, that’s going to be a cost borne by the sports leagues, and less of a cost borne by the operators that offer sports bets.”

A representative from William Hill Plc, one of the world’s biggest gambling companies, made the bookmaker’s case. Las Vegas casinos typically keep about 5 percent of the bets they take, he said, which means the NBA’s proposed 1 percent cut is really a 20 percent cut of revenue.

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March Madness Betting Leads to Billions in Illegal Gambling, Poses risks for Problem Gamblers, and Costs Billions in Lost Work Place Productivity

Casino Watch Focus has reported on the ongoing problems that come with the NCAA March Madness tournament each year. Millions is lost to employers through a decline in work place productivity and people continue to gamble away money at unprecedented rates. Most of this gambling is illegal and this year the trend continues. The NCAA remains steadfast on its objection to gambling on the Tournament. They not only understand the hardships it places on addicted gamblers that can’t control the sheer volume of risk and loss the can suffer, but they also understand the impact to the integrity of the games at play. ESPN reports:

The $10.4 billion expected to be bet on the tournament includes popular office pools and is up 13 percent from last year’s tournament, the AGA says. Only a small fraction of the money bet on the tournament, around 3 percent, is believed to be wagered legally in the United States. The bulk of the remaining $10.1 billion is placed with offshore sportsbooks and local bookmakers, according to the AGA, which represents the U.S. casino industry.

While gambling on the tournament grows, the NCAA remains opposed to all forms of sports betting — legal and otherwise — and believes it has the potential to undermine the integrity of the games and negatively impact the welfare of student-athletes.

The legality of such gambling continues to be a prominent issue this time of year as many people view office pools as harmless fun. Unfortunately, it’s anything but and its almost always illegal gambling. ESPN explains:

“Generally, if the office pool charges a fee for entering the pool and awards prizes to the winner(s), then there is a serious question as to its legality. Some states exempt small pools from their gambling laws and regulations,” said Washington, D.C.-based attorney Steven Eichorn of Ifrah Law.

Sports betting is currently legal in only a handful of states, with Nevada the only state permitted to offer single-game wagering, the most popular form. The Nevada Gaming Control Board does not track the amount bet on the NCAA tournament separately, and combines the NBA and college basketball into one “basketball” category on its monthly revenue reports. The spike in action from March Madness is easy to see, though.

Past the issues of legality, it’s especially problematic for those with gambling addiction. The NCAA tournament structure is particularly unique, as the gambling isn’t set on one game, as is the case with the Super Bowl. For a problem gambler, regardless of today’s outcome, there is another game coming up next, and a new chance to chase the action. Michael Rosen, counselor and VP of Clinical Services with the Center for Addiction Treatment explains:

For the person with a gambling problem, there’s literally always another tomorrow. “The problem gambler’s brain is producing ‘feel-good’ chemicals at each bet, even if he’s not winning,” Rosen said.

Why then do people who struggle with compulsive gambling keep trying to recapture their losses? For example, two of the top four-seeded teams in the tournament, Xavier and Virginia, were upset during the first two rounds. Virginia’s loss to the University of Maryland Baltimore County marked the first time in tournament history that a No. 16 seeded-team defeated a No. 1 seed.

“He has become conditioned to (gamble),” is how Rosen explained chronic betting even after losses. “It is simply the next part of the sequence that occurs without much conscious thought. A bet is made, and then another and then another.”

While most people cut their losses in the office pool, problem gamblers often aren’t aware of the dangers they face. Rosen advises to keep an eye on friends and family members who have a history of problems with sports betting. And, yes, he said, it can be an addiction that’s as dangerous as one to drugs and alcohol.

“You might not see physical symptoms,” said Rosen, who then ticked off a list of what to look for: Physical health may begin to deteriorate with increased hypertension, lack of sleep, less eating.

Psychological issues may include increased anxiety, depression, irritability, ruminating obsessive thoughts, and thoughts of suicide. Changes in behavior may include an increased use of alcohol or other drugs, tendencies to isolate, lying to others, experiencing angry outbursts, and reckless driving.

Clearly, March Madness has a dark side. And the gambling temptations keep on coming.

In terms of cost to employers, the Charlotte Observer points to a Chicago-based study which says as much as $1.7 billion will be lost by employers in productivity, which breaks down to $109 million lost for every 10 minutes spent following the tournament. They believe there will be over 37 million workers participating in pools with 1.5 million watching games and results online from their desks. ESPN recently quantify the financial impact of just the gambling:

On the low end, the FBI estimated in 2013 that $2.6 billion was bet illegally on the tournament. On the high end, veteran bookmakers estimate the number to be anywhere from $12 billion to $26 billion. Friendly bracket pools are everywhere, with most everyone betting on the NCAA tournament in some form. But there are bets, and then there are bets. You don’t get to $26 billion with $20-per-sheet office pools.

For more information on the dangers of gambling, please visit CASINO WATCH & CASINO WATCH FOUNDATION


Super Bowl 52 – More Gambling than all Seven World Series Games Combined: Harmless Fun?

Casino Watch Focus has reported on the significant amount of gambling on the Super Bowl each year, and each year the impact seems to grow. This year the amount of total gambling on the Super Bowl 52 s estimated to be around $4.5 million. This year sees the New England Patriots face off against the Philadelphia Eagles, and When the Eagles play, the amount of gambling spikes significantly. An online source explains:

Each and every year, sportsbooks drool over the prospects of profits stemming from Super Bowl gambling. There will be more money bet on Super Bowl 52 than any of the seven games of the World Series, and all of the combined games in the Stanley Cup Finals.

It’s the most lucrative day of the season for most sportsbooks, and every year, the total amount wagered on the big game increases. How much will be bet on the 2018 Super Bowl?

Each year, the American Gaming Association releases its prediction of how much money will be wagered on the Super Bowl. Super Bowl 51 generated an estimated $4.7 billion in wagers, though the mass majority of that was done illegally through offshore websites and local bookies. BetDSI Sportsbook has lined the AGA’s estimate at $4.5 billion bet on the 2018 Super Bowl.

The last time the Eagles were in the Super Bowl, there was a 10.5 percent jump in the amount wagered in Las Vegas from 2004 ($81.2 million) to 2005 ($90.8 million). If we see a 10 percent jump again this year, Las Vegas could be looking at a handle as high as $152 million alongside a total number gambled hovering around $4.6 billion.

Many think gambling on the Super Bowl is harmless fun, and for some, who do it legally, it could be that simple. However, the consequences for others can be extreme. A Fox News affiliate has reported that Super Bowl night is not only the biggest night for gamblers, but it also sees the most suicides as well. For those that don’t suffer the ultimate fate, they can still lose enough to cause irreparable harm to their finances and family. Fox Now online explains:

“Super Bowl is probably one of the biggest gambling days of the year,” said Gambling Addiction Counselor, Jim Harrison [a gambling counselor in Milwaukee.] He says the wagers placed on the Super Bowl are often not taken as seriously and can be seen as harmless and fun. “In reality it is betting, it is gambling,” said Harrison. Those compulsive gamblers see it as a day to make up for other sports losses this season.

Harrison says it’s not harmless at all for those with an addiction — betting is done with bookies and online and it could bring losses. “If it causes family problems, certainly financial problems,” said Harrison. “I’ve had clients who have literally lost over $300,000 gambling,” said Harrison. The Super Bowl can bring losses to those betting on it all, and it can be tempting to those dealing with gambling addition.

For more information on the dangers of gambling, please visit CASINO WATCH & CASINO WATCH FOUNDATION


UPDATE: The Supreme Court Heard Oral Arguments in the New Jersey Sports Betting Case and Experts think the Court Might Side with Gambling Expansion

Casino Watch Focus has reported on the ongoing events surrounding legalized state sports gambling as it pertains to New Jersey. For years they have tried and failed to legalize sports betting in their state. The issue has finally made it to the Supreme Court and the sides have been fairly well documented, with New Jersey and gambling operators seeking legalized sports betting and the major sports organizations such as the NCAA, NFL, MLB, NBA and NHL and the Trump Administration’s Department of Justice backing existing Federal law which prohibits sports betting outside of Las Vegas. Oral arguments have now been heard and early statements by a majority of the justices seem to indicate they might side with New Jersey. Forbes reports:

Proponents of legalized sports betting had to be feeling confident after last Monday’s oral argument in/NCAA v. Christie/ — the so-called New Jersey sports betting case, in which leagues including the NFL, the NBA and Major League Baseball are seeking to prevent the state from permitting such gambling. The general consensus among those in attendance was that the Supreme Court appears poised to invalidate the Professional and Amateur Sports Protection Act (PASPA), the 1992 federal law that bans states from authorizing or licensing sports betting.

By my count, at least five justices — John Roberts, Anthony Kennedy, Neil Gorsuch, Samuel Alito and, surprisingly, Stephen Breyer (one of the court’s more liberal members) — indicated that they believed PASPA violates the 10th Amendment’s anti-commandeering principle, which forbids the federal government from commanding the states to implement federal laws or policies that would interfere with state sovereignty.

From the tenor of the oral argument, with only Justices Elena Kagan, Sonia Sotomayor and Ruth Bader Ginsburg appearing to credit the leagues’ argument that PASPA is a straightforward preemption law, one could easily envision a decisive victory for New Jersey. A 6-3 margin sounds about right — at least that’s my prediction.

Additional factors seem to indicate a shocking reversal from where the issue was just months ago, following 6 failed attempts by New Jersey. ROI provides the additional analysis:

“When you look at recent history on U.S. Supreme Court rulings, 83 percent show a reversal of the lower court opinion; and in the past five years, that figure is still over 70 percent,” Wallach said.

“So, all of the metrics show a change is afoot. What that change looks like, we’ll have to wait and see. It might not be whether New Jersey prevails on its partial repeal, but how sweeping of a decision in New Jersey’s favor it turns out to be.”

Court followers suggest the decision would come in spring or later. Just months ago, New Jersey and the gaming industry believed it had exhausted all efforts to win this case. But, to the surprise of many, on June 27 the Supreme Court decided it would take the case. “Look at where this case was just five months ago,” Wallach said. “It wasn’t even being mentioned. Now it’s going to the Supreme Court. New Jersey has lost six battles on this case in the lower courts. But this is the one that counts.

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The Trump Administration and 30 other Advocacy Groups Filed Supreme Court Briefs supporting the NFL and other’s Opposition to the New Jersey Sports Gambling Case

Casino Watch Focus has reported on the ongoing saga of events surrounding New Jersey’s attempt to legalize sports betting in their state. All attempts have resulted in failure and this latest attempt has managed to reach the Supreme Court. The issue at hand is the constitutionality of the Professional and Amateur Sports Protection Act (PASPA). The Federal government has long held sport betting to be illegal outside of a few jurisdictions. They passed PASPA and allowed existing jurisdictions like Las Vegas to continue to offer it. The rest of the states would not be allowed to legalize it. Years later, after New Jersey missed its window to seek sports betting, they have decided they and other states should be allowed to regulate it and that Federal Government interference is a violation of federalism. The NFL, along with the other pro sports leagues and the NCAA, have long opposed expansion of sports betting. Casino Watch Focus reported that they filed their own brief to the Supreme court outlining that the federal government cant command a state government into an action, an act known as impermissible commandeering, but they are fully allowed to the federal government to preempt state action to contravene federal policy. The Department of Justice has long held this same belief and now the Trump Administration has formally filed its own brief outlining PASPA supporting arguments. An online source reports: 

President Donald Trum has been feuding with the NFL in recent weeks over the national anthem controversy. But the Trump administration, via the *Solicitor General’s office*, is supporting the NFL in its ongoing case to stop *New Jersey* from offering sports betting. The Solicitor General says that SCOTUS should uphold the lower courts’ finding that New Jersey’s partial repeal of its sports betting ban did not go far enough to be legal under PASPA.

The leagues have argued that the New Jersey law essentially licenses casinos and horse racing tracks to conduct sports wagering. That puts the state in violation of PASPA, the SG argues. New Jersey argues that PASPA unconstitutionally commandeers it to keep its own laws on the books when it comes to not allowing sports betting. But the SG argues PASPA’s “preemption of state laws authorizing sports-gambling schemes does not violate the Tenth Amendment.”

In addition to the briefs filed by the major sports organizations, the NCAA, and the DOJ, 30 advocacy and political organization have combined to offer their own brief. The addressed the federalism issue head on, but also expanded on why the federal government has compelling interest is preempting gambling expansion on the state level, namely the social costs. An online source explains:

On Monday a broad coalition of organizations led by Stop Predatory Gambling filed an amicus brief (“friends of the court”) in the Supreme Court of the United States, supporting the NCAA, NFL and major professional sports in their opposition to New Jersey’s case seeking to bring sports betting into the state.

Stop Predatory Gambling And a Range of Political and Advocacy Groups Support PASPA In a Brief Focusing on Social Costs of Gambling. The 30 groups, which include the Public Health Advocacy Institute and Concerned Women for America, spend the majority of the 33-page brief discussing negative effects and social costs of gambling.

The groups are “united in their opposition to the exploitation of American communities through commercial gambling” the brief reads.

 Later in the brief, the groups highlight research papers discussing gambling addiction, personal bankruptcies and elevated divorce rates associated with problem gambling, as well as financial costs to states themselves (such as crime) in connection with increased gambling activity. The paper also points a 2015 study by Rachel A. Volberg et al. of the University of Massachusetts School of Public Health and Health Sciences, showing a higher prevalence of gambling problems among sports bettors as compared with other forms of gambling, such as instant lottery games and casino games.

For more information on the dangers of gambling, please visit CASINO WATCH & CASINO WATCH FOUNDATION


Unsurprisingly, Casino Lobby Joins New Jersey in Attempt to Sway Supreme Court in favor of Legalized Sports Betting

Casino Watch Focus has reported on the many attempts by New Jersey to legally allow sports betting in their state, despite federal law that makes it illegal. Every attempt made has resulted in the courts shutting down the illegal sports gambling. The case will finally be resolved one way or another later this year when the Supreme Court will examine the issue. The list of opponents of this expanded sports betting is long and includes all the major sports and collegiate organizations such as the NFL, MLB, NBA, NHL and the NCAA. Not surprisingly, the casino lobby is coming to the side of New Jersey and they have submitted a brief to the Supreme Court. The Washington Examiner reports: 

The American Gaming Association filed a brief on Tuesday supporting Republican New Jersey Gov. Chris Christie in his upcoming Supreme Court fight with top U.S. athletic leagues over sports betting. Christie’s team argues that federal law banning sports betting violates states protections under the 10th Amendment. More than two decades ago, New Jersey failed to take advantage of a window in federal law to run sports gambling, but then decided to do so on its own in 2011.

The National Collegiate Athletic Association challenged the New Jersey law, along with the NBA, NFL, NHL, and Major League Baseball. The Supreme Court has yet to set a date for oral arguments this term in the sports gambling case, which will be closely watched as its outcome could change sports gambling rules throughout the country.

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Supreme Court Decides to Hear New Jersey Sports-Betting Case

Casino Watch Focus has reported on the ongoing efforts of New Jersey to legalize sports betting. Each attempt has been opposed by the major sports leagues and the NCAA and each attempt has resulted in failure. Their latest attempt is attempt lead to another ruling against them in federal court, so they appealed to the Supreme Court. Many thought the odds of the court picking up the case were long, especially after the Trump Administration’s Acting Solicitor General Jeffrey Wall submitted a brief to the Court siding against the New Jersey law. Such reports don’t always lead to a denial of the Court to pick up the case, but the odds are slim as the Court tends to side with the Solicitor General in nearly 80% of cases. The odds of the law being upheld are still rather small, as every attempt made so far has been shut down by the courts, as Yahoo Sports explains:

On Tuesday, the United States Supreme Court announced it would hear an appeal to reinstate a 2012 New Jersey law that would legalize sports wagering at the state’s casinos and racetracks.

While there is still a long, long way to go, it is as significant of a development in the legalization of sports betting as there’s been in years.

A series of lower courts said the state law, championed by New Jersey governor Chris Christie, was in conflict with the federal Professional and Amateur Sports Protection Act of 1992 (PASPA). That law prohibits sports wagering outside of Nevada and, in limited ways, three other states.

There is certainly no guarantee the Supreme Court will rule in favor of New Jersey; every lower court has sided with the federal government. The 3rd U.S. Circuit Court of Appeals out of Philadelphia ruled 10-2 in favor of the feds. Christie, a former federal prosecutor, knew there would be a considerable legal fight, although he likely never anticipated losing every time.

This case centers around the PASPA, but its possible for New Jersey to lose this case and state level sports gambling to still be made legal in the US. If Congress were to repeal or make changes to the law, then it could open the door to all states. The Washington Post reports: 

And even if New Jersey loses its Supreme Court case, its fight for sports gambling has put the issue in the national spotlight, generating a new conversation about whether a partial ban on sports betting is the best way forward.

Last month, a congressional committee introduced draft legislation that would repeal PASPA and allow states to legalize online gambling, with oversight provided by the Federal Trade Commission. Frank Pallone Jr. (D), the New Jersey congressman who is spearheading the federal legislation, said Tuesday he was cheered by the news out of the Supreme Court.

A number of other states beyond New Jersey also have considered legislation that would legalize the practice.

No date has been set for the one-hour oral arguments in front of the Supreme Court justices, though a timeline for the case appears to be taking shape. Each side will file briefs supporting their arguments over the next few months.

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