Category Archives: Sports Betting

New Jersey’s Efforts to have the Supreme Court hear it’s Sports Betting Case have been seriously Undermined by Current Administration

Casino Watch Focus has reported on the many failed attempts by New Jersey to legalize sports betting in its state. There most recent legislative attempt was shut down by the court and they have appealed the case to the Supreme Court. Major opposition have been seen from the NCAA, NFL, NHL, MLB and the federal government. The most recent communication to the Supreme Court is another blow to New Jersey’s sports betting hopes and once that might be difficult to overcome. An online political source reports the details: 

When the U.S. Supreme Court in January delayed a decision on whether consider allowing sports betting in New Jersey, justices said they first wanted to hear what President Donald Trump ‘s administration had to say.

The administration finally weighed in, and its message was not what the state wanted to hear: Acting Solicitor General Jeffrey B. Wall said New Jersey didn’t have a case.

The state’s effort to get around the federal ban on sports betting by repealing state laws prohibiting such wagering and allowing to proceed without regulation “is no different than a positive enactment authorizing such gambling,” Wall wrote in a 24-page brief.

The Supreme Court can still choose to hear the case, but the odds don’t seem to be in New Jersey’s favor. ESPN reports why the recommendation to the Supreme Court to not accept the case is so detrimental to New Jersey:

The United States Solicitor General’s office filed a brief on Wednesday recommending that the Supreme Court decline to review New Jersey’s latest effort to offer legal sports betting. The Supreme Court, which in January asked the Department of Justice for its view on the case, is expected to decide whether to accept New Jersey’s appeal by the end of June. According to a 2009 academic study the Supreme Court follows the recommendation of the Solicitor General 79.6 percent of the time. 

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New Federal Sports Gambling Bill Emerges in Congressional Committee

Casino Watch Focus has reported on the many attempts of New Jersey to legalize sports betting. The reason all of their attempts have failed is because federal law prevents states from allowing sports betting under the Professional and Amateur Sports Protection Act, the Wire Act, the Illegal Gambling Business Act and most recently, the Unlawful Internet Gambling Enforcement Act. A new federal bill, if passed, would remove federal bans on certain gambling and allow the states to regulate them as they please, thus effectively legalizing sports betting for New Jersey and others if they so choose. An online source breaks down the Gaming Accountability and Modernization Enhancement Act (GAME Act):

The US Congress may consider a gambling bill that would annul a *federal gambling ban*. This, on the other hand, would allow the country to make any form of gambling legal and regulate it. 

[I]f the GAME Act is enacted, it would annul the 1992 federal law and would allow every state to separately add sports betting and online gaming to the gambling operations that are legal there. As explained above, *customer protection rules*, as well as rules about *taxation and regulations* are also implemented in the proposed piece of legislation.

Stakeholders are also allowed to give their feedback for the GAME Act. As it has already became clear, the American Gaming Association backed the legal expansion of sports betting operations. Other organizations, such as the National Collegiate Athletic Association (NCAA) do not support the bill. 

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March Madness Brings Illegal Gambling and Hardships for Addicted Gamblers

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. ESPN provides some analysis: 

Americans are expected to complete 70 million NCAA tournament brackets this year, risking on average $29 per bracket and contributing to the $10.4 billion that will be bet overall on March Madness, according to estimates released Monday by the American Gaming Association.

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.

The NCAA remains steadfast on its objection to gambling on the Tournament. They not only understand the hardships it places on addicted gamblers that cant control the shear volume of risk and loss the can suffer, but they also understand the impact to the integrity of the games at play. ESPN continues:

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, its 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.

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Congress Introduces Federal Sports Gambling Bills

Casino Watch Focus has reported on the ongoing attempts at legalizing sports betting, with the most common attempts coming from New Jersey. They have attempted, and failed, countless times to get sports betting legalized in New Jersey. Right now the law only allow select destinations like Las Vegas. There most recent attempt was stopped in court and they have appealed that decision to the Supreme Court. The decision to pick up the case or deny it and allow the lower court ruling to stand is being delayed. The Kansas City Star explains: 

Nevada is the only state allowed to offer wagering on single games. Delaware, Montana and Oregon were exempted from the 1992 federal ban and are permitted to offer limited multi-game parlay pools. Congress gave New Jersey a one-time opportunity to become the fifth state before the ban was enacted, but the state failed to pass a sports betting law in the required time window. Republican Gov. Chris Christie has championed New Jersey’s effort in an attempt to use sports gambling revenues to bolster the sagging fortunes of the state’s casino and horse racing industries. The case has a lengthy legal history.

Supporters of legalized sports gambling in New Jersey and several other states were dealt a no-decision of sorts Tuesday when the U.S. Supreme Court delayed a ruling on whether it will take up the states’ challenge to a federal ban. The court invited the solicitor general to file a brief on behalf of the government, which means a decision could take several more months.

As that case sits, New Jersey has decided to not leave the issue to chance and is instead looking to change the federal law that is preventing each of their attempts to legalize sports betting to become law. Two New Jersey Congressmen have introduced legislation to legalize sports betting on a federal level. An online source explains:

Congressmen Frank LoBiondo and Frank Pallone, Jr., both of New Jersey, said last week that their House bills “would ensure a path forward for New Jersey and other states seeking to legalize sports betting, regardless of whether the Supreme Court hears New Jersey’s case.’

Pallone is sponsoring the “NJ BET Act,” which would exempt New Jersey from current federal law. LoBiondo’s bill is called the “Sports Gaming Opportunity Act,” and it would allow all states to enact laws providing for sports betting during a four-year window. Both men in 2015 introduced similar legislation that didn’t go anywhere on Capitol Hill.

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Billions in Illegal Gambling on Super Bowl comes with Serious Consequences for Many

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 is estimated to be around $4.7 million. An online source breaks that number down:

Americans will bet $4.7 billion on Super Bowl 51 between the New England Patriots and the Atlanta Falcons, according to an estimate released Tuesday by the casino industry’s top lobbying group on Capitol Hill. That would 11 percent more than what was wagered on last year’s Super Bowl.

According to the American Gaming Association, only $132 million of the $4.7 billion will be done legally through Nevada’s casino industry. The 1992 Professional and Amateur Sports Protection Act banned traditional sports betting outside of the Silver State.

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.

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Florida Legislator Attempts to Exempt Daily Fantasy Sports Industry from Gambling Regulations

Casino Watch Focus has reported on the ongoing path of newest gambling fad, daily fantasy sports (DFS). Many jurisdictions are viewing these daily contests as simple gambling given there isn’t the same skill level involved in playing with one drafted fantasy team over the course of a season and instead players pick a new team of players, most often with the ability to pick the exact same player, each day. Others have tried to pass legislation to call them games of skill and thus not gambling. Florida is a key jurisdiction given the major companies involved, DraftKings and FanDuel have corporate offices located in the state. Florida has sought to address the issue legislatively over the past two years, but with no true outcome. This session seems to be no different as a new Bill has been introduced that seeks to make DFS legal by exempting them from regulation. An online gambling site reports:

Florida state Rep. Jason Brodeur recently filed HB149, which would declare daily fantasy sports is a game of skill, not luck, thereby removing it from oversight by the Department of Business and Professional Regulation, which oversees parimutuels, poker, slots and other gambling.

Last year state Senator Joe Negron and state Reps. Matt Gaetz and Ritch Workman filed similar bills. The House Business & Professional Subcommittee passed Gaetz’s and Workman’s bill to allow and regulate DFS in Florida, but it died because lawmakers considered blackjack and fantasy sports to be gambling expansions.

Florida gaming lawyer Daniel Wallach pointed out, “In Florida it is illegal to bet or wager on both games of chance and contests of skill. So calling it a ‘contest of skill’ does not insulate the games under Florida law because wagering in those types of contests is also illegal. In my view, DFS would probably be considered ‘gambling’ under Florida’s broad test.” As a result, Wallach said, Brodeur’s bill is “a straight-up decriminalization measure that comes at a potentially heavy cost for consumers, with no regulatory oversight, and, even worse, no regulations unlike in other states.”

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New Jersey Petitions Supreme Court to Allow their Overturned Attempt at Legalizing Sports Betting in NJ

Casino Watch Focus has reported on the ongoing efforts of New Jersey to legalize sports betting in their state. Its been long the case that sports betting has been limited to Las Vegas as they were grandfathered into legislation that prevented states from allowing sports betting. Time & time again New Jersey has attempted a new way to legalize sports betting and time & time again their attempts have been shot down by the courts. There last was a 2014 law that was also halted by the courts. They are taking the final step with this attempt by making an appear to the Supreme Court. The Times Union explains:  

After an initial 2012 law allowing sports gambling in New Jersey was struck down in court, Republican Gov. Chris Christie signed a bill into law in 2014 that repealed prohibitions against sports gambling at casinos and racetracks.

That tactic — repealing prohibitions instead of approving gambling — was seen as a way to get around the federal law by not having sports gambling officially authorized by the state.

But that also met defeat at the hands of a federal judge in New Jersey and a federal appeals court in Philadelphia.

In this week’s brief, the state argued the federal government, while able to regulate citizens directly, may not “require the states to govern by Congress’ instruction.”

Put differently, the appeals court’s ruling invalidating New Jersey’s 2014 law violates the Constitution by “authorizing a federal court injunction mandating that a State reinstate prohibitions it has chosen to repeal,” attorneys representing the state wrote.

The Supreme Court is expected to either pick up the case or reject hearing it, thus affirming the lower courts ruling that the law is illegal, within a month.

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