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Compliance Updates

Florida Targets Fantasy Sports Firms Over Possible Illegal Betting Games

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Florida gambling regulators have sent cease-and-desist letters to three daily fantasy-sports operators accused of offering potentially illegal mobile betting games and threatened legal action if the sites don’t immediately stop.

Commission Executive Director Lou Trombetta sent letters warning the three companies that they “may be offering or accepting illegal bets or wagers” from Floridians and “may be promoting and conducting an illegal lottery.”

The alleged conduct is “strictly prohibited in Florida and constitutes criminal activity,” Trombetta wrote.

The letters targeted Underdog Sports, LLC, which is based in Brooklyn, N.Y; SidePrize LLC, also known as Performance Predictions LLC, doing business as PrizePicks, which is based in Atlanta; and Betr Holdings, Inc., which is based in Miami.

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In fantasy sports, players can draft rosters of actual athletes, with the winners of fantasy games determined by the statistics of the athletes. Many games, like office pools, last all season.

The three companies offer what are known as “parlay-prop-style” games that could be more similar to sports-betting games that are off-limits in Florida.

“Under Florida law, betting or wagering on the result of contests of skill, such as sports betting, including fantasy sports betting, is strictly prohibited and constitutes a felony offense unless such activity is otherwise exempted by statute,” Trombetta’s letter said. “Accordingly, in Florida, sports betting may be lawfully conducted only pursuant to a gaming compact. … Further, receiving such illegal bets and wagers and aiding or abetting such criminal activities constitute separate felony offenses. … Lotteries are also strictly prohibited in Florida.”

A gaming compact is an agreement reached with the state.

The commission did not send letters to DraftKings and FanDuel, which have dominated the fantasy-sports market in the decade since the online games launched.

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It was unclear Friday if the commission would crack down on other operators in the future, but emails show the gambling overseers could be casting a broad net.

“As you might imagine, my exec team asking what the letter means and seeking actionable advice, pretty urgently. Would like to discuss the substance at some point, but if you can help with one question, it would be great. Namely, Underdog operates multiple paid fantasy formats (season-long drafts, daily drafts, pick’em) and I just want to confirm my reading of the letter, which is that the legal conclusion applies to all paid fantasy contests — e.g., all of our contests — and not just particular types,” Nicholas Green, Underdog’s general counsel, wrote Friday to Ross Marshman, the commission’s general counsel.

“Your reading of the letter is correct,” Marshman replied.

John Lockwood, an attorney hired by multiple operators, warned that other companies could be swept up in the crackdown.

“The commission staff confirmed to me that the language in the letter broadly applies to all paid fantasy sports contests, and they are not aware of any paid fantasy sports company operating legally in Florida. We disagree on the merits and will be working with the commission and potentially the Legislature so we can ensure Florida sports fans can continue to play,” Lockwood said.

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State lawmakers in the past have grappled with creating regulatory oversight for the fantasy-sports industry, to no avail. Proponents of fantasy sports have insisted that the contests are games of skill, not chance, and thus are legal under state gambling laws.

Trombetta issued the letters as a legal battle continues over a 2021 compact reached by the state and the Seminole Tribe. That deal gave the tribe control over sports betting in Florida.

A “hub and spoke” plan in the agreement would allow gamblers anywhere in the state to place bets online, with the wagers run through servers located on tribal lands. The deal requires sports betting to be “exclusively conducted” by the Seminoles but allows other operators to run fantasy sports contests.

Owners of West Flagler Associates and Fort Myers Corp., doing business as Bonita Springs Poker Room in Southwest Florida, filed a lawsuit challenging the compact, saying it violated federal law and would cause a “significant and potentially devastating impact” on their operations.

A federal judge in Washington, D.C., in November 2021 ruled that the deal violated a key Indian gambling law. But a three-judge panel of the U.S. Circuit Court of Appeals for the District of Columbia in June reversed that decision. The appellate court last week denied a request for what is known as an “en banc” rehearing before the full court.

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The pari-mutuel owners filed a motion saying they would ask the U.S. Supreme Court to weigh in, arguing the panel’s decision conflicts with other appellate rulings and “enables an extreme shift in public policy on legalized gaming that, once started, may be difficult to stop.”

Compliance Updates

UKGC Appoints Two New Members to the Advisory Board for Safer Gambling

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The UK Gambling Commission has appointed two new members to the Advisory Board for Safer Gambling (ABSG), Dr Virve Marionneau and Dr Spencer Murch.

Anna van der Gaag, Chair of ABSG, said: “We are very fortunate to have Virve and Spencer as our newest members.

“They are highly respected academics, both with a strong record of achievement in the field of gambling studies, and together they will expand the national and international research expertise we offer to the Commission. Gambling is a global business and the regulatory challenges faced in different jurisdictions have much in common. I am delighted to be welcoming them and have no doubt they will bring valuable new insights to an ever-expanding range of topics which inform policy and practice in gambling regulation.”

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Dr Marionneau is a sociologist and the director of the Centre for Research on Addiction, Control and Governance at the University of Helsinki, Finland.

Her research focuses on a wide range of gambling-related topics, including regulations and policy evaluations, digital gambling environments, gambling industry practices and qualitative investigation of gambling experiences and harms.

She said: “I am honoured to join the ABSG, especially at a time when increasing international and cross-sector collaboration is needed to regulate and control gambling. I am thrilled to be a part of this impressive team of experts, and I look forward to advising particularly on regulatory practices and research from other jurisdictions.”

Dr Murch is a cognitive psychologist and AGRI Postdoctoral Fellow at the University of Calgary, Canada. His work seeks to:

• understand the cognitive, behavioural and psychophysiological profiles of addictive digital product use

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• explore new opportunities for improving human health by using emerging Artificial Intelligence (AI) technologies to detect, intervene and ultimately prevent gambling-related problems.

He said: “I am eager to contribute to such a talented team as the ABSG. As AI technologies and digital gambling opportunities continue to evolve, it is more important than ever to understand clearly the threats posed to human health in the United Kingdom and around the world. The mandate of this group is important, timely, and represents an opportunity to transform research insights into working harm prevention policies.”

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Compliance Updates

Playnetic reinforces European foothold following regulatory approval from the Malta Gaming Authority

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Playnetic, the new B2B iGaming provider, has received regulatory approval from the Malta Gaming Authority (MGA).

The news sees the innovative gaming content provider recognised by the MGA, allowing Playnetic to provide its captivating portfolio of games to Maltese licensed operators. This strategic move allows the company to secure partnerships in one of the most prominent online gambling markets in the world, further solidifying its global footprint.

The major milestone comes fresh from a successful exhibition stand at the SBC Summit Lisbon, where the company launched a range of new game titles, including Patrick vs Joker and Medusa’s Fury. Both titles were showcased as the feature games at the show, with a range of activities including daily tournaments and prizes as well as the signature ‘Playnetic Cocktails’.

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In the last few months, the company has secured licences in both Sweden and Romania, with recognition in Malta further expanding Playnetic’s reach. This success allows the company to continue its ambitious expansion plans in regulated markets across the globe.

Dan Phillips, Playnetic CEO said: “We’re delighted to have gained our recognition notice in Malta, where there continues to be incredible market potential, and we’re excited to have gained recognition in yet another country so quickly.

“This achievement sees us push forward with our goal of becoming a trusted and reliable partner, focussed on offering quality innovative games to operators on time, every time.  The recognition notice also demonstrates Playnetic’s commitment to upholding the highest standards of regulatory compliance.

“This is just the beginning. Playnetic is actively pursuing additional licenses, demonstrating our unwavering commitment to global expansion. Securing this approval from the Malta Gaming Authority fresh off the back of the exciting discussions at SBC Summit Lisbon, underscores our commitment to expanding our reach and offering our partners even more opportunities.”

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Australia

AUSTRAC CEO Brendan Thomas Announced as Speaker for Regulating the Game 2025 Sydney

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The organisers of Regulating the Game 2025 have announced that Mr Brendan Thomas, chief executive officer of AUSTRAC, will be a featured speaker at the 2025 edition of the conference, taking place at the Sofitel Sydney Darling Harbour from 10-13 March 2025.

Mr Thomas, who began his 5-year term as AUSTRAC CEO in January 2024, brings extensive experience in leading public services and delivering reforms, particularly within NSW’s criminal and civil justice systems.

As the head of Australia’s financial intelligence unit and AML/CTF regulator, he oversees AUSTRAC’s efforts to safeguard the financial sector from criminal exploitation while providing critical intelligence to support national security, law enforcement and regulatory partners.

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AUSTRAC has intensified its focus on the gambling sector, following a series of high-profile enforcement actions against major casino operators and several corporate bookmakers. Reports in the Financial Review have also highlighted AUSTRAC’s increased scrutiny of pubs and clubs in the wake of the 2022 NSW Crime Commission’s Project Islington, which, while finding no widespread laundering of criminal proceeds, revealed significant amounts of illicit funds being gambled in these venues.

Paul Newson, principal at Vanguard Overwatch and organiser of Regulating the Game, said: “Having Brendan Thomas speak at the conference signals AUSTRAC’s ongoing commitment to the gambling sector. His participation emphasises the importance of making sure the industry is alert to money laundering risks and continually strengthened against financial crime.”

Mr Thomas’ presentation is expected to offer invaluable insights for regulators, industry leaders and key stakeholders, especially as AUSTRAC’s role in combatting financial crime is set to expand further with the anticipated passing of the Government’s Anti-Money Laundering and Counter-Terrorism Financing Amendment Bill 2024. This legislation aims to extend the AML/CTF regime to high-risk professions, such as real estate agents, lawyers, accountants and dealers in precious metals and stones, marking a pivotal shift in Australia’s regulatory landscape.

Regulating the Game 2025 will be held in Sydney, Australia, from March 10 to 13. The event will once again serve as a platform for thought leaders, innovators and regulators to come together and explore the most pressing issues in the gambling sector.

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