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FanDuel Lays Off Workers

Daily fantasy sports giant FanDuel has restructured its workforce—including layoffs—after the resignation of CEO Nigel Eccles.

Eccles announced he was leaving the company last month. Details of the layoffs were not released, but a spokesman for the company told Legal Sports Report that the company had restructured its workforce.

“With the Supreme Court hearing oral arguments regarding PASPA and audiences increasingly watching sports through alternative platforms like ours, FanDuel restructured the operational functions within its core business yesterday to enable employees to maximize product innovation and delivery, and capitalize on the momentum across the sports tech industry,” the company said in a statement to the website.

FanDuel has become the No. 2 power in DFS behind DraftKings. The two companies had planned a merger, but it fell through after opposition from regulators.

Legal Sports Report also pointed to a recent audit by a UK firm that questioned FanDuel’s economic position and ability to raise more funds.

Most of the layoffs appear to have come on the product side of the company and reach as high as the vice president level, the website reported.

eSports Revenue at $1.5 billion in 2017

ESports revenue has reached $1.5 billion for the year according to a report by research firm Superdata.

The report expects revenue will grow 26 percent by 2020 fueled by a growth in viewership of 12 percent each year as well as a “swelling” number of third-party investments.

Superdata said that the opportunities for revenue streams are also growing, with direct revenue from sponsorship sales, advertisements, ticket sales and team merchandise increasing. Investment in eSports is also increasing with $750 million in investment being made in the market this year.

The study also found that fans predominately used Twitch.tv and YouTube to consume gaming content, with the vast majority using both.

UK Warns Against Skin Betting in Video Games

The UK gambling Commission has issued a warning about the problem of skins betting connected to video games while releasing survey results that estimate that about 500,000 British youth are gambling online.

The survey identified about 25,000 of those youth—aged 11 to 16—as problem gamblers. The report warned that children were gambling in a “consequence-free environment,” including through skins betting on video games. The survey found that about 11 percent of British youth are participating in skins betting, but up to 45 percent were aware of the practice.

Skins betting involves virtual items used in video games—such as special weapons or abilities—that are being bet and traded for real cash. Skins betting is seen as one of the fastest growing forms of unregulated betting with some estimates that trading is reaching into billions of dollars.

The Commission said it will prioritize taking action on the websites that supply skins. Trading and betting of these skins usually occurs at third-party websites, the commission noted, with players alleged to be as young as 11 years old gambling their skins on casino or slot machine games and then turning the prizes into cash.

“Because of these unlicensed skin betting sites, the safeguards that exist are not being applied and we’re seeing examples of really young people, 11 and 12-year-olds, who are getting involved in skin betting, not realizing that it’s gambling,” said Sarah Harrison, CEO of the commission. “At one level they are running up bills, perhaps on their parents’ PayPal account or credit card, but the wider effect is the introduction and normalization of this kind of gambling among children and young people.”

The survey also showed that 12 percent of youth 11- to 16-years-old—or about 370,000 youth—said they had gambled in the past week, compared with 16 percent in 2016. They spent an average of £10 in a week.

Though skins betting is rising, online slots and the national lottery were the leading ways children are introduced to gambling, the survey found. The rise in eSports and social media are also leading ways for children to be introduced to gambling.

TV advertising was named as the principal method of becoming aware of gambling by 80 percent of respondents, but 70 percent also said they had been exposed to gambling on social media. The most common form of gambling was slot machines at four percent, with private bets and National Lottery scratch cards at three percent each.

Baazov Case Begins With Move for Dismissal

David Baazov, the former Amaya Inc. CEO charged with insider trading, saw the first day of his trial consumed by a motion by his defense to dismiss the case due to prosecutor’s moving too slowly in releasing evidence for discovery.

The trial began 20 months after Quebec’s securities regulator charged Baazov with insider trading involving Amaya’s purchase of PokerStars.

The Autorité des marchés financiers charged Baazov with aiding with trades while in possession of privileged information, influencing or attempting to influence the market price of Amaya securities and communicating privileged information.

The AMF charges that Baazov and two accomplices conspired to raise the price of Amaya stock in the lead-up to its $4.9-billion purchase of PokerStars. Baazov is charged with providing privileged information.

Baazov, however, wants the case dismissed saying the regulator has not released documents to his defense in a reasonable time and moved to stay the proceedings, which is now being considered by Justice Salvatore Mascia.

Baazov’s lawyers say the AMF released 16 million items in late September and then released more documents just days before the trial. They also noted that the AMF later advised them that the vast majority of these items were communicated in error according to Canada’s Globe and Mail newspaper.

They argued that the defense has not had time to review all of the information and a final verdict in the case would not be likely before July. Canada’s Supreme Court has made rulings outlining an 18-month limit for court cases, but it was not clear how Justice Mascia will rule on the motion, the paper said.

Italy Dominates Continental iGaming Market

Italy is the largest nation in Europe in terms of its online gaming market. Only the UK has a larger share of the market. France and Spain are third and fourth.

The study was conducted at the Milanese university, which concluded that total online gaming revenue is over €1 billion, a 25 percent increase since 2015.

Typical Italian players have multiple online accounts, and although most such players are men, the share who are women is growing.

Some companies doing poorly in the U.K., such as Ladbrokes Coral, have seen dramatic increases in their online revenue in Italy.

Florida Committee Approves Fantasy Sports Bill

The Florida Senate Regulated Industries Committee recently voted 8-1 to approve SB 374, which would clarify that fantasy sports games are not illegal gambling and do not require regulation. The bill’s sponsor, state Senator Dana Young, said, “We’ve got 3 million Floridians that love playing these games, and they are looking to us to let them know that they are not engaging in some sort of criminal activity.” State Rep. Jason Brodeur filed a similar bill , HB 223, but it has not been heard in House committees. The bills are filed for the 2018 legislative session, which starts January 9.

Prior to the Senate committee vote, Seminole Tribe of Florida General Counsel Jim Shore sent a letter to legislators expressing concerns that the bill legalizing DFS without regulation would infringe on the tribe’s exclusive rights to offer certain casino games and violate the tribal-state gambling compact. Under the agreement, the tribe is required to pay the state $200 million annually, which the Seminoles said would end if the bill becomes law.

The letter read, “By providing this notice, the tribe hopes to avoid a situation where the state enacts legislation that inadvertently violates the tribe’s exclusivity. Federal law requires that any reduction in the tribe’s exclusivity must be balanced by some additional consideration from the state. Without such an agreement, the 2010 gaming compact would allow the tribe to cease all revenue sharing payments to the state based on the expanded gaming contemplated by these bills.”

The letter continued, “The tribe also is concerned about the substance of the bills and the lack of any form of regulation for an entire class of gaming activity. While it is premature to list all of the issues now, the tribe believes that the scope of permitted games and the appropriate regulatory structure are issues that should be addressed in detail before this legislation moves forward.”

In response, Young said, “This issue has been around since 2015 and this is the first time the tribe has raised the compact as it relates to fantasy sports.” She stated fantasy sports games are not gambling but are contests of skill. In support, Young referred to a legal opinion issued in February on behalf of DraftKings by former Florida Supreme Court Justice Ken Bell, stating, “Fantasy sports competitions, such as those sponsored by DraftKings, should not be classified as internet gambling as they do not constitute an online bet or gamble.”

State Senator Dorothy Hukill, vice chair of the Senate committee, voted no on Young’s bill. “I don’t think the issues raised are clear. Is this a game of skill or not? I don’t think that’s clear, at least for now. If I knew more, I would do an amendment to the bill,” she said.

In 1991, Florida’s then-Attorney General Bob Butterworth issued an opinion that fantasy football leagues were a form of illegal gambling. Since then, however, DraftKings and FanDuel have been accepting players from Florida, but not Yahoo. A 2006 federal law banned online gambling but specifically exempted fantasy sports.

Recently the U.S. Supreme Court heard arguments in New Jersey’s challenge to a 1992 federal law banning states from allowing sports betting.

Michigan Reviewing Online Gambling, Sports Betting

The Michigan House of Representatives’ Regulatory Reform Committee recently voted 12-3 to approve the latest version of state Rep. Brandt Iden’s HB 4926 which would allow online gambling. However, like his original bill heard by the same committee in September, the measure did not move forward, but is likely to come up for a floor vote in the House next year.

The most recent version of Iden’s bill requires online gambling servers to be located on casino property, in reference to the Michigan state constitution’s requirement that casino gambling take place “in the casino.” Another change lowers the online gambling tax rate from 15 percent to 10 percent, even though Michigan Gaming Control Board Deputy Director David Murley warned legislators in September that the state’s effective tax rate could drop to 6 percent because the state’s 12 tribal gaming compacts will have to be renegotiated.

Due to those changes, Michigan’s three commercial casino operators changed from supporting the general idea of intrastate online gambling to specifically supporting the amended HB 4296. The tribes still resist the legislation, and anti-gambling groups would demand a voter referendum for any gambling expansion.

Sports betting also remains a hot topic in Michigan, one of 15 states where legislation has been introduced to legalize it if the federal ban is overturned. State Rep. Robert Kosowski proposed a measure in January to allow sports betting. He noted people can spend thousands of dollars on lottery tickets but are not permitted to make a $20 bet on a Detroit Lions game. “Something doesn’t make sense there,” he said. Also, Kosowski noted, local residents can drive three minutes to cross the Ambassador Bridge and place a legal bet on sports at Caesars Windsor Casino, where they also may dine, drink and gamble.

An analysis indicated if sports betting had been legal last year, Michigan would have received $114 million instead of $112 million in gambling taxes, with Detroit’s share rising from $175.5 million to $179 million. Kosowski said noted revenue sharing has not been fully funded since 2000, resulting in fewer police and firefighters on the street, a decrease in street repairs and reduced recreation programs. With legalized sports betting, income taxes and gas taxes would not have to be raised. “It seems like an easy answer,” he said.

The U.S. Supreme Court is considering a federal law that prohibits sports gambling outside Nevada. The case could be decided by June 2018, and gaming experts said sports betting could come to Detroit within two years.

If the high court’s ruling supports sports betting, Michigan would be one of the first 14 states to offer it, according to the research firm Eilers & Krejcik Gaming LLC.

One complication is some Detroit casinos are owned by individuals associated with sports teams. MotorCity Casino is operated by Marian Ilitch, whose family owns the Detroit Tigers and Detroit Red Wings. Cleveland Cavaliers owner Dan Gilbert owns Greektown Casino. It’s possible the casinos would not be allowed to accept bets on teams they own.

In 2017, 12-15 million Americans bet illegally on sports with bookies and offshore sites, which earned $3 billion in revenue, according to Eilers & Krejcik Gaming Managing Director Chris Grove. He said, “The sports betting customer is likely different than the typical casino customer. It would create new customers and new revenue for casinos.” Detroit casino revenue for 2012 was $1.4 billion. Revenue dropped for two years after casinos opened in Ohio in 2012, including in nearby Toledo. Revenue rebounded over the next two years, reaching $1.3 billion in 2016, but still remains below the 2012 level.

Matt Cullen, chief executive at Greektown owner JACK Entertainment, said, “Under the right and thoughtful regulatory framework, we generally support legalization of sports betting.”

MGM Grand spokeswoman Mary Hynes said, “Our company’s longstanding position is that sports betting should be legalized outside of Nevada in those states that choose to offer it.”

Florida Group Submits 500,000-Plus Signatures

As of December 8, the political committee Voters In Charge submitted 523,522 valid petition signatures to the Florida Division of Elections to place on the November 2018 ballot a proposed constitutional amendment that would require voter approval of casino-style games in the future. The amendment would give voters A total of 766,200 signatures are required for the amendment to appear on the ballot.

In November, Disney Worldwide Services contributed an additional $1 million to the ballot initiative, according to a new finance report. Disney money has accounted for nearly all of the $1,021,000 in cash Voters In Charge collected last month. To date, Disney has contributed about $3.875 million to the committee since April.

Resorts World, Miami Negotiate Marina Lease

Resorts World Miami, a subsidiary of the Genting Group, is in talks with the city of Miami and the Florida Department of Transportation regarding leasing land to build a marina. The project would be part of a multimillion dollar redevelopment plan in Miami’s Arts and Entertainment District. A portion of the submerged land is owned by FDOT which will deed the land back to the city.

Resorts World Miami comprises 30 acres of land in the A&E District, north of downtown Miami, including the waterfront site at 1 Herald Plaza, the former Miami Herald building which Genting purchased for $236 million, plus the adjoining $185 million Omni retail and hotel complex. Resorts World wants to build a mixed-use project on the former Herald land including two residential towers, a hotel, retail, parking and an 800-foot baywalk. The development also would include a mega-yacht harbor with 50 slips in Biscayne Bay along the former Herald site.

Originally Genting planned to build a 5,000-room casino resort on the Herald site. Despite intense lobbying, Florida law still prohibits casino development there.

Control Board’s Burnett Calls It Quits

Nevada’s top gaming regulator is resigning to join a private law practice.

A.G. Burnett, who earned wide respect during his five years as chairman of the Gaming Control Board, is joining the Reno firm of McDonald Carano, it was announced by the office of Gov. Brian Sandoval.

“He’ll definitely be missed,” Nevada Gaming Commission Chairman Tony Alamo said. “He was knowledgeable and had a real commitment to the job.”

Burnett expressed satisfaction with the board’s accomplishments during his tenure.

“When I was appointed, I drew up a list of things I wanted to get done. Internet gambling. Nightclub regulations. Daily fantasy sports. We checked all of them off. When I was reappointed, I made another list. Skill-based gaming. Hybrids. Marijuana use. On that last one, we drew a line on it and it wasn’t easy. And we checked all those off.”

Burnett is joining McDonald Carano’s gaming and administrative law group, where he will be “an invaluable resource,” said A.J. “Bud” Hicks, a partner in the firm.

“In addition to his vast experience with Nevada gaming licensing matters and regulatory requirements, A.G. brings tremendous knowledge relating to the issues that are presently roiling the gaming industry including matters relating to the potential spread of interstate sports betting opportunities and internet gaming developments.”

Burnett joined the three-member Gaming Control Board in January 2011 and was appointed chairman in November 2012, replacing Mark Lipparelli, who resigned three months before the end of his four-year term. Burnett previously had served as deputy chief of the agency’s corporate securities division and worked under Sandoval when he was state attorney general, serving in the gaming division as a senior deputy attorney general.

His last day on the job will be December 22, the announcement said. Sandoval hasn’t said yet who will replace him.

Trump Administration Backs Tip-Pooling

The U.S. Labor Department plans to scrap a regulation that prohibits employers from pooling tips with non-tip employees.

The prohibition, imposed by the Obama administration in 2011, effectively halted mandatory tip-sharing, a controversial practice introduced in the casino industry a decade ago by Steve Wynn that requires dealers to share a portion of their tips with pit bosses, supervisors and other gaming floor staff.

The subject of numerous and conflicting rulings by federal and state courts, the practice isn’t restricted to gaming; it’s popular with employers in other industries as well, allowing them to control tips for distribution among back-of-house workers such as kitchen staff and thereby address pay disparities in conformance with federal minimum wage laws.

“It vests much more discretion in management, and it also gives them a way to basically keep wages where they are and use tips as a way to deal with inherent problems in their own wage structures,” said Ruben Garcia, a UNLV law professor who focuses on labor and employment.

Wynn Resorts introduced the practice in 2006 and it was challenged by dealers through state and federal lawsuits. In 2013, the Nevada Supreme Court upheld the policy. But a ruling handed down in 2016 by the 9th U.S. Circuit Court of Appeals declared mandatory tip-pooling a violation of the U.S. Fair Labor Standards Act.

Given the uncertainties, the Trump administration proposal could prove significant as a way to settle the issue once and for all.

“Are the dealers concerned about that ruling? Yes,” said Joe Carbon, director of the gaming division of Las Vegas’ Transport Workers Union Local 721, which has negotiated contracts on behalf of dealers at Bally’s, Caesars Palace, Harrah’s, Paris and Wynn that either prohibit or limit managerial discretion regarding tips.

Carbon said his union expects casino operators to honor their contractual agreements and not change their policies whatever the Labor Department does.

Likewise, Bethany Khan, a spokeswoman for the Culinary Union, said her members will be largely unaffected by the rule because tip pooling is dealt with in collective bargaining.

Pennsylvania Schedules Mini-Casino Auctions

The Pennsylvania Gaming Control Board last week released the schedule for auctions to be held for licenses to operate the 10 Category 4 satellite casinos approved in the state’s new gaming law.

Current casino licensees get first crack at the licenses, which authorize a facility with a maximum of 750 slots and 30 table games, in a location that is not within 25 miles of any existing casino. The minimum bid for a license is $7.5 million.

The initial round of auctions will begin at 10 a.m. on January 10 at the gaming board’s public hearing room in Harrisburg. The second auction will be January 24, followed by two auctions each in February, March, April and May, with the final auction to be held May 16. (The complete schedule is available at the board’s website, gamingcontrolboard.pa.gov.) Licenses not awarded to current land-based casino licensees will be bid out to the general public.

Meanwhile, municipalities across the state are scrambling to meet the December 31 deadline to pass resolutions to ban the mini-casinos in their jurisdictions. As of press time, nearly 200 municipalities statewide had chosen to opt out of the program. The majority of municipalities on the opt-out list are in Eastern Pennsylvania, with Lancaster Chester Counties having the most, at 30 and 24, respectively.

(As December 31 is a Sunday, the actual opt-out deadline is Friday, December 29.)

“This auction process is entirely new in awarding casino licenses, so seeing 200 thus far is something that we’re processing, and obviously we’re going to see more passes,” Gaming Control Board spokesman Doug Harbach told TV station WHYY. “Even with this number of opt-outs, there certainly is a good bit of territory that these casinos could be located in.” There about 2,600 municipalities in Pennsylvania.

Among the more prominent municipalities opting out of the mini-casinos is the city of Philadelphia, where the city council last week voted the satellite facilities down in a preliminary vote. The lawmakers also voted to opt out of the provision of the new gaming law allowing slot machines at truck stops.

In other developments last week, the town of Gettysburg, predictably, voted to ban the satellite casinos, joining 22 other municipalities in Adams County, and the Erie County Council also gave the thumbs-down to mini-casinos.

NCAA President Suggests Sports Betting ‘Carve-Out’

The president of the National Collegiate Athletic Association, which has long opposed legalized sports betting, last week suggested a “carve-out” for NCAA sports in any new laws legalizing sports wagering.

NCAA President Mark Emmert, during a press event last week in New York, suggested the move by states should the U.S. Supreme Court rule in New Jersey’s favor in Chris Christie v. National Collegiate Athletic Association, which challenges the federal ban on sports betting included in the Professional and Amateur Sports Protection Act (PASPA) as unconstitutional.

Should the court strike PASPA down, or should Congress pass a law legalizing sports betting on the federal level, states would be free to pass their own laws authorizing regulated sports betting. Emmert’s suggestion is that when doing so, NCAA games be excluded from any sports betting authorization.

Few believe such a move would be practical, as it would involve the NCAA sending out a fleet of lobbyists to state legislatures debating sports-betting laws.

In a column for USA Today, Dan Wolken wrote why that a carve-out would not be in the NCAA’s interest. “An NCAA carve-out on sports betting would leave all wagering on its games on offshore sites,” Wolken wrote. “A regulated sports gambling market would in fact be better for game integrity than the status quo of a black market the NCAA and others have little insight into. So, the NCAA can lobby all it wants for an exclusion when it comes to sports betting. But that would be a poor decision, both from the perspective of its bottom line and game integrity matters.”

Atlantic City Casino Revenue Up 4.6 Percent for November

Atlantic City saw a 4.6 percent increase in casino revenue for November bringing in $206.4 million according to figures released by the New Jersey Division of Gaming Enforcement.

That’s an increase over $197.3 million in November 2016 and was led by a 20 percent increase in online gaming revenue to $20.6 million over $17.2 million in 2016. Online gaming revenue has consistently topped $20 million a month for most of 2017.

The figures reflect the first month that revenue from the Trump Taj Mahal—which closed in October 2016—did not figure into the year-to-year comparison.

“Despite the loss of Taj Mahal, the industry is poised to report the first calendar year increase in casino win since 2006,” said Christopher Glaum, deputy chief of the DGE in a press statement. “Including internet gaming win, total gaming win is on track to have its second consecutive calendar year improvement.”

Two of the city’s casinos reported revenue declines. Bally’s Atlantic was down 4.7 percent to $15.5 million and Harrah’s was down 7.6 percent to $28.4 million. The biggest gainer was Resorts which was up 18.6 percent to $14.9 million.

The Golden Nugget was up 15.2 percent to $23.6 million; Caesars was up 7.7 percent to $22.9 million; the Borgata was up 5.7 percent to $64.2 million; and the Tropicana was up 4.9 percent to $29.6 million, according to the Associated Press.

The Golden Nugget continues to lead Atlantic City’s online gambling market, winning nearly $6.2 million in November, an increase of nearly 63 percent over last year. The Borgata saw a 12 percent increase in online revenue to $4.2 million.

So far for 2017, total gambling revenue is $2.452 billion, up about 8 percent compared with the same period last year.

New Jersey Assembly Passes Bill for Online Gambling Cafes at State Racetracks

New Jersey’s Assembly has approved a bill to allow racetracks to offer online betting facilities in partnership with state licensed online casino sites.

The tracks would be specifically exempted from state law banning “internet cafes” that offer real-money gambling.

The plan would be contingent on online gambling sites being willing to enter into the partnerships. Online gamblers can place a bet anywhere within the state’s borders, but supporters hope Atlantic City’s casinos and affiliated online sites will see the track facilities as a way of creating new business.

“It would bring more traffic into the racetracks, and they need it desperately,” said Democratic Assemblyman Ralph Caputo according to the Associated Press.

Supporters say they hope track patrons would place online casino bets between races. The track would be compensated by the casino for attracting new business under terms negotiated between the sites and the tracks.

“The casinos should realize that absolutely nothing will happen unless they agree to allow it through an agreement with a track,” Dennis Drazin, chairman and CEO of the Monmouth Park racetrack in Oceanport NJ told the wire service. “Nobody is forcing anything on them. This is really a win-win for the racing industry and the casino industry.”

Casino officials in the state have not weighed in on the plan. The bill also has to be approved by the New Jersey Senate, which has not scheduled a vote on the bill.

Online gambling has been averaging over $20 million a month in revenue this year and is on pace to bring in about $250 million for the year, according to the AP.

In another matter, the Senate has approved the appointment of James T. Plousis—a former Cape May County sheriff—as chairman of the state Casino Control Commission for a five-year term.

Plousis will replace Matthew Levinson, son of Atlantic County Executive Dennis Levinson, in the $141,000-a-year position. Dennis Levenson has charged that his son was not re-appointed by Governor Chris Christie as retribution for legal action the county has taken challenging the state’s payment in lieu of taxes plan for Atlantic City casinos. Atlantic County is seeking a larger percentage of those funds

Plousis said during his nomination hearing that the primary goal of the commission is “to uphold the integrity of the gaming industry,” and that he wants to work with local officials to resolve friction within the county, according to the Press of Atlantic City.

Also, a bill that would allow Atlantic City casinos and racetracks to remain open throughout a state government shutdown was approved by a state senate committee. An identical bill has been introduced in the assembly, but a committee hearing there has not been scheduled, according to the AP.

Current state law allows casinos to remain open for only seven days during a government shutdown.

New Owner Could Reopen Revel Atlantic City Casino in May

In another indication that a Colorado-based group is purchasing Atlantic City’s closed Revel casino, Moody’s Investor Services issued a report on the finances of the purchase and plans to reopen the property in May, 2018.

There has been no official announcement of a sale and the current owner of the property—Florida developer Glenn Straub—has denied he is selling the building to the group. However, local media and now Moody’s have been able to trace the sale through various filings with state and regulatory agencies.

According to the Moody’s report, the Colorado-based group AC Ocean Walk LLC will pay $200 million for the property and invest an additional $175 million. The group is planning to reopen the property by May 2018.

In another report from the Associated Press, AC Ocean Walk has also applied for a New Jersey casino license, which includes making a $100,000 non-refundable application fee.

In October, AC Ocean Walk LLC and Polo North Country Club Inc., owned by Straub, filed a notice of settlement for the sale of the property according to the Press of Atlantic City. Straub, however, denied he is selling the property when contacted by the paper. The Press also noted that there is still no record of sale of the casino at the Atlantic County Clerk’s Office.

The Moody’s report is reportedly based on financial documents surrounding the proposed loans needed to finalize the purchase. Last month, the company signed a mortgage committee letter with Deutsche Bank, according to county records. No terms were released in the filing, the Press reported.

According to state business records cited by the Press, AC Ocean Walk LLC is managed by Colorado-based Ten RE ACNJ, run by Colorado-based businessman Bruce Deifik.

The company was formed in April 1990 to handle acquisition, development, asset management, property management, leasing and disposition of commercial properties under the ownership of Deifik and his investment partners.

According to the reports, AC Ocean Walk will operate 100 gaming tables, 2,000 slot machines, 1,399 hotel rooms, pools, a spa, nightclubs and 13 restaurant options at the reopened property as well as 55,000 square feet of retail space and a parking garage with more than 7,000 spaces.

“The property is expected to slowly capture its fair share of the market given the quality of the property, breadth of project offerings and a revamped operating strategy aligned with the demands of patrons in the market,” Moody’s report said.

Straub and Polo North bought the closed Revel out of bankruptcy court for $82 million in 2015. The property cost $2.4 billion to build.

Straub has been unable to negotiate New Jersey’s casino regulations—as well as local building regulations—and has missed several announced dates to reopen at least parts of the property.

If Revel should re-open, it will complement other developments to revitalize the resort’s northern Boardwalk, which was hit hard by the casino closings of the Trump Taj Mahal, Showboat casino and Revel. Resorts casino was the only property in the casino cluster that did not close.

However, the Showboat has reopened as a non-casino hotel and Hard Rock International has purchased the former Taj Mahal and expects to reopen the totally renovated property in the summer.

Part of Hard Rock’s plans were announced as the company wants to build a gas station at the property’s entrance at the corner of Pacific and Virginia avenues. The plans were filed with the New Jersey Casino Reinvestment Development Authority which oversees the city’s casino and tourist districts.

Rockstop Gas & Wash would include a convenience store, gas pumps and a car wash. In June, Hard Rock opened its first gas station in Northfield, Ohio, as part of its Hard Rock Rocksino, according to the Press.

“The gas station is just one of many exciting things to come,” said Liz Thomas, a spokeswoman for the developers. “We’re so pleased to partner with Hard Rock during this renaissance in Atlantic City that wouldn’t be happening without the cooperation and support of the state of New Jersey.”

Hard Rock investors Jack Morris and Joe Jingoli are spending about $500 million to renovate the Taj. The company expects the project to generate more than 1,000 construction jobs and 3,000 permanent jobs, the Press reported.

Online Firms Try to Stave Off Vic Tax

Bookies hope Victoria will stand against levy

Australian bookies are pushing back at a proposed 15 percent tax on online betting under consideration for the Australian state of Victoria. According to the Sydney Morning Herald, Queensland recently announced it would become the third jurisdiction to add the point-of-consumption tax, which is already a reality in South Australia, and in the pipeline for Western Australia in the new year.

“Not many bookmakers would even be making a 15 percent margin on their wagering” if the tax is enacted, griped one bookmaker to the Herald. “The downstream consequences for the wagering industry and consumers are very real.”

The bookie added hopefully, “We think the Victorian government is going to pay more attention than the other states have.”
 
Corporate bookmakers licensed in the Northern Territory say they are a significant economic driver in the region, adding other taxes as well as jobs, wages, product fees they pay to sporting codes and race-field fees paid to state racing bodies. Racing Victoria’s latest annual report shows revenue from race-field fees in the past financial year reached $157.5 million.

Supporters of the new tax say it will “level the playing field” for gaming operators because totalizator providers Tabcorp and Tatts have to pay far higher taxes than online corporate bookies.

Trade group Responsible Wagering Australia, which represents Sportsbet, CrownBet, Bet365, Betfair, Ladbrokes and Unibet, slammed the plan as a “naked tax grab” that does not factor in the industry’s “significant contribution to the economy.”

“In the last financial year in Victoria, RWA’s members employed more than 900 people, paid more than $127 million in wages, contributed $78 million to the racing industry and paid more than $11 million in sponsorships to support Victorian events and tourism,” a spokeswoman said. A report from Credit Suisse earlier this year said a similar tax introduced in England in 2014 seriously undercut industry profit.

Meanwhile, a Sydney council is appealing to the New South Wales state government to cap poker machine licenses in the area. Members of the Northern Beaches Council called for other councils in the state to do the same.

“The state government of both political persuasions has been addicted to poker machine revenue for too long now, it’s causing great harm to the community,” Liberal Councillor Pat Daley told the Australian Associated Press.

Australians lost a record $24 billion on bets in 2015-16, with pokies losses growing 4.2 percent, roughly double the rate of inflation. Sports betting remained the fastest-growing form of gambling, the Herald reported.

Pokies accounted for the largest share of losses ($23.6 billion), followed by casinos ($5.2 billion), racing ($2.9 billion) and Lotto ($1.9 billion). An anti-pokies lobby group, the Alliance for Gambling Reform, wants the government to enact measures that will reduce the overall losses to under $20 billion, said spokesman Tim Costello.

“Whilst sports betting is top of mind with the advertising deluge … the latest national figures once again confirm that the pokies are easily the biggest contributor to Australia’s tragic status as the world’s biggest gamblers.”

According to the latest statistics, New South Wales has the most poker machines of any state and had the biggest increase in pokies losses in 2015-16, up 6.2 percent.

Graham, Feinstein Make New RAWA Push

U.S. Senators Lindsey Graham and Dianne Feinstein are pushing the Department of Justice to reconsider a 2011 DOJ ruling that allowed states to introduce online gaming within their borders.

The senators sent a letter to Deputy Attorney General Rod Rosenstein asking that the ruling be revisited.

In 2011, the Department of Justice ruled that the Wire Act of 1961—which concerned transmission of racing results across telephone lines—only addressed sports betting across state lines and not online gaming within a state’s borders.

Three states—Nevada, New Jersey and Delaware—quickly allowed online gambling under the interpretation and have been offering online gaming for several years. Only Pennsylvania has been added to the list as the state recently passed legislation to allow online casino gaming, though no sites have gone active. Several other states also offer online lotteries.

In the letter, Graham and Feinstein noted that the department had interpreted the Wire Act as prohibiting online gambling until the 2011 decision.

“Internet gambling takes gambling too far,” they wrote. “It preys on children and society’s most vulnerable.”

Graham and Feinstein are both sponsors of the Restore America’s Wire Act legislation which has been introduced in Congress. The bill, however, has floundered for several years and gained little traction. The bill is supported by Las Vegas Sands owner Sheldon Adelson, who has largely funded lobbying efforts for the bill.

The letter, however, focuses on the 2011 decision and the effect of online gambling. Graham and Feinstein are both members of the Senate Judiciary Committee and said they are concerned with whether the FBI has the resources to effectively oversee a growing online gambling industry.

“Online casinos are already opening across state lines pursuant to compacts and states are contemplating opening up their online casinos to foreign markets,” they wrote. “We fear that unless DOJ promptly revisits its 2011 opinion, our prediction that online casinos could sweep across our country could come to pass.”

Feinstein and Graham sent a similar letter to Attorney General Jeff Sessions in May urging him to restore the department’s practice of enforcing the Wire Act against online gambling. Sessions, in his confirmation hearing, said he did have concerns about the 2011 opinion and would revisit it, but there has been no news on the decision since then.

“Concerns about the proliferation of online gambling are bipartisan and span the political spectrum,” Feinstein and Graham wrote in their letter last week. “The 2011 DOJ opinion needs to be revisited and withdrawn, with the question of whether online casinos should be permitted in the United States properly returned to Congress to determine.”

Cuomo Vetoes Montaukett Recognition Bill

For the second time, New York Governor Andrew Cuomo vetoed a bill that would have granted official recognition to the Montaukett Tribe. The 1,500-member tribe, mostly residents of central Long Island, lost its official status under an early-20th century lawsuit that also deeded tribal lands in Montauk to a real estate developer. Cuomo wrote in his veto message, “Providing state recognition to an Indian tribe warrants thorough and careful consideration of all parties. However this bill would require the state to bypass such analysis and recognize the Montaukett Indian tribe as a nation, without any process.”

State Assemblyman Fred W. Thiele Jr., who co-sponsored the legislation with state Senator Kenneth P. LaValle, called the governor’s decision very disappointing. He urged the state’s executive branch and Department of State to produce their evaluation of the Montaukett’s official status, which was established by legislation passed in 2013 and modeled on the complex process used by the federal Bureau of Indian Affairs. Cuomo vetoed that bill, stating that process was too burdensome for the state. He added the Department of State would create its own process and conduct a review of the Montaukett’s status.

Thiele stated, “Four years ago, we put through a bill to create a procedure for the Montauketts to be evaluated for recognition, and the governor said, ‘I don’t like your procedure, I’m going to make my own.’ But there’s no evidence that they’ve done anything, so we put up a bill to recognize the Montauketts and they veto us saying we’re interrupting their process. If they’ve undertaken any kind of process, it doesn’t appear evident to anybody involved with the Montauketts.”

Cuomo responded the state “only recently” received some of the information it requested for an analysis of the Montauketts’ status. He also said he would again instruct the department to “pro-actively communicate with the Montaukett Indian tribe” to complete the review of their status “in a timely manner.”

The state officially recognized the Unkechaug tribe in 1971 and the Shinnecocks in the early 20th century. The Montaukett bill was modeled after the legislation that officially recognized those tribes. State recognition would make tribe members eligible for benefits including health care and education subsidies. However, tribal officials have said they’re mainly interested in righting a century-old wrong.

Montauketts spokesman Bob Pharoah said the legislature was using “smoke and mirrors.” He commented, “I’m not going to hold my breath” regarding finally being recognized. But if that happens, he said, “The fact that we would finally be vindicated, that we would have a gross injustice rectified and our wholeness as a tribe back, our status back, to know it would make my ancestors very happy.”

Thiele said he and LaValle will reintroduce their bills again in the next legislative session. “We will attempt to the best of our ability to hold the governor’s and Department of State’s feet to the fire to complete this evaluation that they say they’ve undertaken. If they say they want to complete the process, then complete it.”

Sands Shareholder Sues to Block Pennsylvania Political Giving Ban

A prominent Pennsylvania businessman and shareholder in the Sands Casino Resort Bethlehem is suing the state to challenge the law’s prohibition on anyone associated with gaming making political contributions.

Pasquale (Pat) Deon Sr., a billionaire Pennsylvania businessman with diverse holdings including beer distributors and a radio station in addition to his stake in Sands, is suing to block the law’s prohibition on political campaign donations as discriminatory against the casino industry.

Deon is a Pennsylvania Turnpike commissioner, chairman of the Southeastern Pennsylvania Transportation Authority and was one of the state’s largest political donors before he bought his stake in the Sands. His lawsuit states that Pennsylvania’s 2004 gaming law’s prohibition on political donations violates his constitutional rights.

“Pennsylvania can neither demonstrate nor even plausibly assert that contributions create the reality or appearance of corruption, when it authorizes unlimited contributions outside the gaming industry,” the lawsuit says. “It is implausible to suggest that even a small contribution from a person affiliated with the gaming industry would create the reality or appearance of corruption.”