Author: Casino Connection Staff

Women Claim Ongoing Intimidation at Wynn Resorts

Nine women who work at the salons at Wynn Las Vegas and Encore Salon, all self-identified victims of accused sexual predator Steve Wynn, are suing Wynn Resorts and Wynn himself, claiming he and his company used fear and intimidation to try to silence them before and after an explosive Wall Street Journal report detailing the tycoon’s alleged misconduct broke early last year.

It’s the second lawsuit filed against the Las Vegas-based gaming giant in less than a week, following close on a class-action lawsuit brought by Brenna Schrader, a long-time massage therapist still employed at Wynn Las Vegas, who claims she was forced to perform sex acts on Wynn from 2012 to 2016, and says a hostile work environment continues for women who accused the casino mogul of sexual harassment.

Schrader’s suit says she tried to report “the sexually hostile environment and the sexual prisonlike atmosphere” in the company to managers from the time she was forced to have sex with Wynn and as recently as this year, but she was met with resistance.

“Defendants appear to blame victims for the discriminatory environment that permeates the workplace atmosphere to this day,” her complaint states.

According to several gaming news sites reporting on the suit, her attorney Burke Huber is quoted as saying executives at the company “mentally abuse” the therapist “and call plaintiff and other female victims prostitutes and sluts.”

The suit names Wynn Resorts, Wynn, former Wynn Resorts President Maurice Wooden and other unnamed parties as defendants.

The women bringing the second lawsuit, filed in Clark County District Court in Las Vegas, allege that on January 17, 2018—a little over a week before the Journal story hit—Wooden sought to frighten them into silence.

Wooden, along with Troy Mitchum, the former vice president of human resources, allegedly made it clear that “Wynn Resorts did not want them to tell the media the truth about Steve Wynn’s misconduct and the years of cover up,” the complaint states, even though the plaintiffs “knew they had been abused and mistreated by Steve Wynn in years past” and “lived in fear of being chosen (again) by Steve Wynn to be his sexual prey.”

A few days after this meeting, according to the complaint, the company convened a mandatory gathering of salon employees at Wynn Country Club, where the women𑁋manicurists and makeup artists who all say they experienced “acts of sexual harassment and personal degradation” by the billionaire at different points in time𑁋were put on the spot by their alleged attacker himself.

“While his security and top executives lined the walls, Steve Wynn asked the 40+ salon employees assembled to raise their hands if they ever felt assaulted or abused by him, pressuring the Salon employees to ‘out’ themselves and subject themselves to further humiliation and possible retaliation,” the suit states.

Nine days later, on January 26, the Journal story broke. On February 1, Wynn appeared at the salon with a camera crew for an 80-year-old employee’s birthday celebration, where some plaintiffs were told they needed to go on camera and say the billionaire had not assaulted or abused them, the lawsuit states. It’s also alleged that during the birthday party, Wynn “joked about sexually harassing that female employee, kissed her on the lips, initiated kisses and group hugs with other Salon employees, and made intimidating comments about the press.”

The women also say some salon employees were required to do “surprise and forced interviews” with investigators hired by the board of directors.

“Wynn Resorts was not interested or serious about protecting its employees, and certainly not from Steve Wynn or his remaining allies in the executive ranks,” the complaint contends.

Perhaps the most damning part of the Journal’s reporting was that Wynn secretly paid $7.5 million to one of his reputed victims, a former Wynn Las Vegas manicurist. It’s been alleged that the money was to quash a paternity suit, although this has not been proved. The payment was known to the board of directors and would later raise concerns on Wall Street when it was revealed in the course of a bitter court fight between the tycoon and his ex-wife, Elaine Wynn, over her rights as a major shareholder. Wynn would go on to acknowledge the payment, though he denied the woman’s claim that he sexually assaulted her.

He strenuously denied all the misconduct charges, but the impact of the initial Journal story in the #MeToo era proved irresistible, even for Steve Wynn, often referred to before his fall as the most powerful man in Nevada, a status that appeared to be cemented with the rise of Donald Trump on the national political stage. Trump’s ascent to the White House signaled Wynn’s own rise as a star of the Republican Party. A lavish GOP donor and reputed confidante of the president, who also has weathered repeated headline-making charges of sexual harassment, he was named finance chairman of the Republican National Committee after the 2016 election and was one of the organizers of the Trump inaugural.

Then it all collapsed. He resigned from the RNC the day after the Journal story was published. On February 6, the 76-year-old resigned as chairman and CEO of the company he founded and named after himself. Only then did the board of directors appoint a special committee to investigate the accusations against him. A month later, with Wynn Resorts under investigation by Nevada and Massachusetts regulators and in full damage-control mode, with an unfinished $1.4 billion Boston casino hanging in the balance, he severed his ties with the company by selling off his substantial shareholding. Wooden, Mitchum, General Counsel Kim Sinatra and several other top executives subsequently quit, and the board was purged of the close associates and friends who’d enabled him to exercise virtual dictatorial control over the company.

Management has since instituted policies and procedures to prevent sexual harassment in the workplace, reportedly providing training and a safe haven for employees to report it and strengthening the company’s ability to respond effectively if it occurs. This did not, however, prevent Nevada and Massachusetts from leveling $55 million in fines, including a $500,000 fine against current CEO Matt Maddox.

How well all this is working, however, is a matter the latest lawsuits dispute. The women say the company has not remedied “the harm these years of abuse, misconduct and corporate cover-up have inflicted on many Wynn Resorts employees, ruining many lives, livelihoods and reputations,” and they demand injunctive relief.

Wynn Resorts responded to the nine plaintiffs with a statement, saying “The claims appear to be those already thoroughly investigated by the special committee (set up by the company) and regulators; no new claims of this type have been received by the company since the close of the investigations.”

The women, however, want Wynn Resorts to “immediately correct all discriminatory and retaliatory practices” and are seeking damages for “discrimination based on sex and sexual harassment; retaliation; intentional infliction of emotional distress; invasion of privacy; and negligent hiring, training, supervision and retention of high-level executives and human resources personnel.”

“Plaintiffs are being forced to file this public suit as a last resort, because their employer, Wynn Resorts, has failed to fulfill its obligations under Title VII (of the Civil Rights Act) to remedy discrimination which has occurred, make victims whole and prevent future occurrences,” their suit states.

This echoes Schrader’s complaint, which alleges the company “continues to outwardly support defendant Wynn through memorandums and its employees, which is calculated to deter female employees from cooperating or liberating themselves from forced sexual servitude and a sexually hostile environment.”

The company issued a separate statement denying her claims.

“Wynn Resorts is deeply committed to a fair, supportive and open work environment. The company takes prompt action and addresses each and every harassment complaint it receives. Since the completion of the investigation by the special committee and regulators, the company has received no complaints of the nature described in the lawsuit other than the allegation in this lawsuit which was promptly investigated. The company immediately followed all appropriate procedures to address the matter.”

Federal Lawmakers Target Casino Resort Fees

Hotel resort fees, the hidden charges added to advertised room rates at the end of the booking process, are under attack by federal legislation that says they’re deceptive and should be disclosed up front.

The fees, which have grown into a big part of the profit profile for resorts on the Las Vegas Strip, are targeted in a bipartisan bill sponsored by U.S. Reps. Eddie Bernice Johnson (D-Texas) and Jeff Fortenberry (R-Nebraska) that would require all hotels and resorts to post the full price of a nightly room inclusive of all fees, not including taxes, during the booking process.

The Federal Trade Commission, along with state attorneys general, would have the ability to enforce the provision through the Federal Trade Commission Act.

“When travelers search for hotel options, they deserve to see straightforward prices. They should not get hit with hidden fees that are designed to confuse consumers and distort the actual price,” Fortenberry said.

Johnson added, “Consumers should be able to enjoy their vacation without being ripped off and financially burdened.”

The fees, which go by a variety of names𑁋”venue fee, destination fee, facilities fee, amenities fee, urban resort fee”𑁋will total more than $3 billion nationally in this year alone, according to the legislation, the “Hotel Advertising Transparency Act of 2019,” as it’s titled.

In Las Vegas, where the fees have long been a source of tourist complaints, casinos say they require them to recoup costs for in-room wifi, boarding pass printing, free local calling, fitness center access and other services. They can range from $15 to as high as $45 a day at some of the luxury-priced resorts.

“The bill, if successful, will have an impact on the larger scale Las Vegas Strip operators, namely MGM Resorts International and Caesars Entertainment,” Deutsche Bank gaming analyst Carlo Santarelli said.

Morgan Stanley analyst Thomas Allen said the fees account for roughly 3 percent of revenue and 10 percent of cash flow for Caesars and MGM.

Santarelli said online travel agencies represent between 20 percent and 25 percent of the hotel rooms sold for the 18 Strip resorts operated by MGM and Caesars. The companies could see a cash flow impact of between $10 million and $15 million annually because the commissions they pay the sites would increase if posted room rates included the fees.

A representative of the Nevada Resort Association, whose membership includes 59 Southern Nevada resorts and 12 from Northern Nevada, declined comment, according to news reports.

The District of Columbia and Nebraska have filed lawsuits against Marriott International and Hilton Worldwide for the “drip pricing,” as it’s sometimes called, where an online booking site advertises one price, then incrementally increases the cost through mandatory fees.

“Travelers shouldn’t have to read the fine print to figure out all the fees they’ll be charged for staying at a hotel,” Consumer Reports director of financial policy Anna Laitin said. “Hotels should be required to disclose all fees in their advertised rate, so consumers won’t get stung with a higher bill than what they’re expecting to pay when booking a room.”

In 2012 and 2013, the FTC warned 35 hotels and 11 online travel agents that resort fees were not adequately disclosed on their hotel reservation websites and that such practices may violate the law by misrepresenting the price consumers expected to pay for their hotel rooms.

FTC Commissioner Rebecca Kelly Slaughter said at the time, “If a fee is part of the total price consumers must pay for a hotel room, then it must be part of the price shown to consumers. Surprise fees are unfair to consumers, period.”

In response, many hotels and online travel agents modified their disclosure practices. But consumer complaints about the practices have continued.

Travelers United, a non-profit travel advocacy group, joined Consumer Reports in coming out in support of the bill.

“The U.S. Congress is taking on the most hated fee in travel,” said Lauren Wolfe, an attorney for the group. “We urge Congress to support this bipartisan common-sense bill. It is important to note that this bill does not just cover mandatory fees for hotels, but it also will require that all fees are disclosed in the advertised rate for short-term rentals,” including Airbnb.

Rep. Dina Titus (D-Las Vegas) did not comment directly on the legislation but said, “I support prominent, early and clear disclosure of costs and fees. That’s why I welcomed the original guidance that the Federal Trade Commission provided to help ensure transparency in the industry.”

Judge: PA Casino Not Entitled to Refund of Tax Overpayment

A Pennsylvania Commonwealth Court judge has ruled that Parx Casino in Bensalem is not entitled to either a refund or any future tax credits for an overpayment of gaming revenue taxes totaling more than $1.1 million.

Parx claims it overpaid on slot machine gross gaming revenue (GGR) from January 1, 2009, through January 4, 2011. The accounting error resulted in the casino sending the Pennsylvania Department of Revenue $1,122,654.89 too much.

Greenwood Gaming, parent company of Parx, filed a request with the state in June 2014 to recoup its tax overpayment. But in Pennsylvania, tax disputes must be received within three years of the filing. Commonwealth Court Judge Kevin Brobson held the company was late in filing for the refund, and as a result is entitled neither to a refund or a credit.

“Commonwealth’s position and held that Taxpayer’s petition for refund was untimely,” Brobson wrote. “The remaining question posed by Taxpayer’s exceptions is whether the emphasis that Taxpayer places on the substantive source for the credit it sought from the Department in this matter … warrants a different result from that set forth in the Court’s Memorandum Opinion. It does not. Taxpayer’s exceptions are denied.”

The decision closes a five-year court battle for Greenwood Gaming, which has not indicated it will appeal the decision.

Maverick Buys Casinos in Colorado, Washington

Nevada-based Maverick Gaming has announced that it has purchased Colorado-based CC Gaming, with assets that include the Z Casino in Black Hawk; the Grand Z Casino Hotel in Central City; Johnny Z’s Casino in Central City; and the Z Stop Convenience Store and Gas in Golden for an undisclosed price. Between them, the properties have 1,500 slots, 20 gaming tables and 119 hotel rooms.

Colorado is the third state in Maverick’s growing privately-owned empire, which already has four casinos in Nevada and is in the midst of acquiring 19 card clubs with a total of about 300 tables in Washington State. The most recent is five card rooms that include: the Macau Casino in Lakewood, the Macau Casino in Tukwilla, the Caribbean Casino and the Caribbean Cardroom in Kirkland, and the Caribbean Casino in Yakima.

The Colorado Division of Gaming, whose regulatory nod is required, will take up the purchases at its November meeting.

Maverick CEO Eric Persson, who is also the majority owner of the company, has been very active in purchasing properties the last year. He told CDC Gaming Reports the Colorado acquisition “puts us in position to become a significant player in the Colorado gaming market.”

He added, “Given Denver’s growing population of nearly 3 million people, limited gaming distribution, and a thriving economy, we believe we can add value to the Denver gaming market, which we intend to invest in as owner-operators.”

Regarding the Washington purchases, Persson said, “With our growing footprint in Washington, we are very excited to be making this substantial investment in Washington and adding these properties to our portfolio. Additionally, we are actively looking to construct new projects in Everett, SeaTac and the Tri Cities area.

“These projects are likely to include hotel rooms, a nationally known sports bar, 50,000 square feet of convention space and our table game amenities. Our expansion plans will create even more employment opportunities to Washingtonians.”

He added, “As a member of the Shoalwater Bay Indian Nation, I look forward to working with my tribal brothers and statewide decision makers to bring this amenity that is so strongly desired by Washingtonians.”

Persson, who founded Maverick Gaming two years ago with Justin Beltram, said he intends to fund the purchase with cash on hand and financing from a private investment firm.

Carlos, Pacquiao Jump Into Crypto-Gaming Arena

Crypto casinos may be one of the waves of the future in gaming circles. The blockchain-based currency has begun to sign up sports stars. Boxing champ Manny Pacquiao launched his own crypto token last month.

And now Brazilian soccer legend, Roberto Carlos, has signed on as an ambassador for LUCKY.io, a new blockchain-based casino. According to Games Magazine Brasil, the crypto casino offers users the chance to play with a betting platform using the company’s own LUCK token.

Carlos, a ten year member of the Brazil national team, stopped in LUCKY.io’s headquarters on Malta last month to promote the company and its crypto currency. While there, he visited a children’s charity Puttinu Cares, donating $2,000 in partnership with LUCKY.io.

The new LUCK crypto currency can be used for betting on the LUCKY.io platform, ensuring a fast and secure way to play with this blockchain-based online casino.

Blockchain has been making a number of strides into sports of late, with La Liga football club Atletico Madrid, becoming the latest team to secure a deal with Socios.com, a crypto-based platform that gives supporters voting rights. Socios will debut an official fan token this fall. The value of the digital asset has been set at two Euros. Owners will be able to participate in polls conducted via the Socios mobile app.

Token owners also get access to exclusive games and rewards through the app as well. Fans receive incentives for time spent on the Socios app.

Coin Rivet reported earlier this year that Portuguese soccer club, Benfica, now accepts crypto currency payments in the official club store thanks to a partnership with UTRUST, a crypto and fiat payments gateway. UTRUST allows customers to pay with their favorite crypto currency and then immediately convert it to fiat, which means suppliers can get paid in full in US dollars or Euros and other fiat-based currencies.

Illinois Advances Casino Plans; Rockford Pushes Hard Rock

Illinois’ new gambling law approved six new casinos licenses, including one in Chicago and five in the south suburbs. While the Chicago casino is on hold due to tax and profit issues that may require new legislation, the cities of Rockford, Danville and Waukegan are moving forward with their proposed casinos. The cities have until October 28 to make their recommendations to the Illinois Gaming Board, which then will have a year to select who will receive the gaming license in each city.

Rockford, Illinois Mayor Tom McNamara and the city staff recently announced they will recommend the casino proposal of Hard Rock International be certified by the city council to the Illinois Gaming Board.

Florida-based Hard Rock proposed a $310 million development off Interstate 90 at the former site of the Rockford Clock Tower Resort. It would offer a 64,000 square foot gaming floor, 1,600-seat Hard Rock Live concert venue, dining options and a 110-foot guitar on the building’s front. Hard Rock officials said the facility would generate $282 million annually for the Rockford economy.

Others vying for the city’s gaming license were Rock River West Casino Group and Forest City Casino. McNamara said, “After review and consideration of all the responses and weighing the totality of the strengths and weaknesses against the city’s objectives, city staff recommends that the city council certify the Hard Rock Proposal to the Illinois Gaming Board. Hard Rock has the strongest and most complete proposal. Its financial structure is credible. The Hard Rock proposal includes realistic and sustainable minimum gambling tax guarantees, along with additional revenue from payments to offset impacts to the city.”

McNamara said Hard Rock’s proposal includes a minimum annual payment of $7 million in gaming tax revenue to Rockford. Portions of additional revenue sharing payments would offset impacts to police, fire and the Mayor’s Office on Domestic Violence; enhance economic development in disadvantaged areas of town; establish a philanthropic entity controlled by the city council; or other purposes as determined by the city. Hard Rock also would partner with and invest in the Rockford Park District.

Hard Rock International Executive Vice President of Development and Marketing Jeff Hook said, “We think there’s a great workforce here and we think it’s located in a great place that people are used to going to since they were kids at the old Clock Tower site. We’re looking forward to smooth sailing here.” Hook noted the casino would benefit from the Hard Rock name, one of the most recognized brands in the world.

Company officials said if it wins Rockford’s gambling license, it could open a temporary location within 90 days at Giovanni’s Restaurant and Convention Center.

McNamara said city staff did not recommend the Forest City casino proposal due to lack of equity funding details and the Gorman proposal has not secured an operator. “We know that a casino will bring hundreds of construction and permanent jobs, along with added revenue to help us continue the work of stabilizing our city’s finances both in the short term and long term. My responsibility as mayor, and that of our team and the city council, was to select the proposal or proposals that had the best opportunity to provide the most benefits to Rockford,” McNamara said.

The Hard Rock proposal has another advantage over the others—a rock star. Rick Nielsen, lead guitarist for the rock band Cheap Trick, is an investor. Nielsen said the project will benefit “all of Rockford. It’s going to be cool.”

In Danville, the city council recently voted 12-0 to accept the casino steering committee’s recommendation of Haven Gaming LLC’s proposed casino resort and entertainment center at Southgate, south of Interstate 74 at Lynch Road. Haven Gaming is a newly-formed corporation made up of seven members with more than 20 years each of casino experience, according to Mayor Rickey Williams Jr. “They have developed and operated a number of other casinos,” Williams said.

The casino resort would offer a gaming floor with 1,250-2,000 slot machines and 40 table games, a sportsbook, 2,500-seat entertainment venue, entertainment/expo center, conference/banquet center, 300-seat buffet, boutique hotel with a rooftop spa/salon, pool and lazy river, upscale restaurants and other amenities. Haven Gaming officials said a temporary casino with 500 slots and up to 20 table games could open in 2020, soon after the Illinois Gaming Board granted a license.

Haven Gaming team member and gaming attorney Scott Sypolt said, “This is going to be an experience,” referring to the Las Vegas-style shows, restaurants, spa, shopping and gaming the new casino will offer. “We are going to create what you call a ‘wow’ experience. That’s what we’re going to bring to Danville,” Sypolt said. Officials estimated the casino could generate about $6 million in annual revenue and create 400 construction jobs and 700 permanent jobs.

The project would require three phases over three to four years to complete, said. Phase one, including the temporary casino, a restaurant and bar and parking, would cost $118 million The second phase would include the full casino, buffet, up to about three restaurants and additional parking. Phase three would include the hotel, spa, pool and expo/convention center. A possible fourth phase would include a Top Golf-type facility, premium outlet mall and bowling and billiards area.

Haven Gaming would pay the city 4 percent of the casino resorts’ annual revenue after taxes, about $1.5 to $2 million. The company also has agreed to pay $1 million each for an addition to the Boys and Girls Club, improvements to the city hall and municipal buildings and upgrades at the riverfront. In addition, Haven Gaming also would give $50,000 each to the Fischer Theatre and Danville Area Community College scholarships.

“It’s a game-changer for the city,” Williams said. Former state Rep. Lou Lang, who advocated for a Danville casino for decades, added, “It wasn’t always easy. It’s about the future of Danville.”

The steering committee chose Haven Gaming’s proposal over Mille Lacs Corporate Ventures, the business arm of the Mille Lacs Band of Ojibwe in East Central Minnesota.

In Waukegan, Waukegan Development Associates recently asked city officials to no longer consider its proposal for the Casino Fontana

Development. One of the investors stated the company “determined that we should concentrate our resources on other business ventures and opportunities.”

Like Waukegan Development Associates, the four remaining developers would locate their proposed casino at the Fountain Square shopping complex. They are American Place, North Point Casino, Potawatomi Casino and Rivers Casino. Johnson Consulting, hired by the city to vet the developers and their plans, present a report to the city council prior to its October 17 meeting. The city will then send its recommendations to the Illinois Gaming Board by October 28.

Meanwhile, the anti-casino group Waukegan Forward hopes to educate the public about ways to stop the proposed casino. The group’s spokeswoman Lisa May, a former alderman and 2017 mayoral candidate, said the city council “is counting on resident apathy” regarding development of a casino. She said officials should compete an economic study and present the results before moving forward. “Everyone’s assuming down at Springfield that we still want it, but no one’s ever asked us,” May said.

At the group’s recent meeting, Waukegan Alderwoman Ann Taylor, whose ward includes the Fountain Square site, said she’s concerned about using city-owned land for the casino and expressed concerns about social ills that could result.

Florida Track Can Keep Slots, Drop Racing, Offer Jai Alai

A three-judge panel of the 1st District Court of Appeal in Florida recently unanimously ruled Calder Race Course in Miami-Dade County can discontinue horseracing and offer jai alai games—and keep its slot machines, too. The court’s opinion upheld a decision by the state Division of Pari-Mutuel Racing, part of the Department of Business and Professional Regulation, and rejected the claims of the Florida Thoroughbred Breeders’ and Owners’ Association and Ocala Breeders’ Sales Company challenging the division’s response.

In their opinion, the judges wrote, “Contrary to the appellants’ arguments, nothing requires a facility to continue the same form of parimutuel wagering activity that originally qualified it for a slot machine license; nor does this statute tie an ‘eligible facility’ to the same type of racing or gaming as it had when the constitutional amendment was approved.”

A 2004 constitutional amendment allowed parimutuel facilities in Miami-Dade and Broward counties to operate slot machines. Calder, which has operated racing since 1971, was licensed to offer slot machines in 2010. Churchill Downs Inc. acquired the track, then known as Calder Race Course, 20 years ago.

Last year Calder asked the Division of Pari-Mutuel Wagering whether it could continue to operate slots if it changed from offering horseracing to jai alai. It received a state license to offer parimutuel betting on jai alai in February 2018 and opened a jai alai fronton four months ago.

The FTBOA and Ocala Breeders may appeal the decision to the Florida Supreme Court. Pat Cummings, executive director of the Thoroughbred Idea Foundation, tweeted, “Florida continuing to make decisions positive for horse racing. Not. My friends, we need to WAKE UP.” In a subsequent tweet, Cummings wrote, “Pennsylvania–beware. The more sustainable racing can be on its own, the better. 90% of prize money from slots is not it.”

Mohegan Pocono, Rivers Open Sportsbooks

Mohegan Sun Pocono in Pennsylvania has opened its Unibet retail sportsbook, in partnership with platform supplier Kindred Group, which marks its second Unibet-branded sportsbook in the U.S. Earlier this month, Unibet launched its New Jersey Sportsbook, and a partnership with the NHL New Jersey Devils hockey team.

Mohegan Sun Pocono’s full-destination offering combines with the Unibet digital customer experience and data analysis capacity, according to a press release from the supplier.

“We are excited and proud to partner with Mohegan Sun Pocono to welcome patrons to our new sportsbook and offer a great extension to our online product in one of the largest states to regulate both online sports betting and casino,” said Manuel Stan, senior vice president of Kindred US. “We wanted a strong partner who shares our dedication to customer experience and values, and we know that together we will offer Pennsylvanians a truly unmatched in-house and soon-to-come online sports betting and casino experience.

“We’ve aligned with one of the world’s best online casino and sportsbook operators in online regulated markets, which will allow us to offer a best-in-class experience to our current clients and attract new fans. Introduction of the Unibet offering to the market is a great positive for Mohegan Sun, as well as the state of Pennsylvania,” said Aviram Alroy, vice president of interactive gaming at Mohegan Gaming & Entertainment.

Betting offerings to start will include NFL, NCAA, NHL, NBA, PGA, professional tennis, boxing, UFC, rugby, NASCAR, MLS, Premier League Soccer, La Liga and Bundesliga. The Unibet Sportsbook is powered by Kambi, a world-leading B2B provider of premium sports betting services.

After two days of testing by the Pennsylvania Gaming Control Board, the Unibet Sportsbook was slated to officially open at 11:30 a.m. Thursday, September 26, in time to accept wagers on the Thursday Night Football game between the Philadelphia Eagles and the Green Bay Packers.

Former Penn State Nittany Lions great LaVar Arrington was slated come to Mohegan Sun Pocono on Saturday, October 5, to help celebrate the launch of the new Unibet Sportsbook lounge.

The lounge features a 28 foot-wide, high-definition video wall with three additional displays near the sportsbook tables for additional viewing, which is fully customizable, allowing it to be transformed into two giant television screens or modified to accommodate up to 16 sporting events at once.

The betting lounge also has six betting terminals, two teller booths, seating for up to 40 guests and a bar. It is creating 12 to 14 new jobs at Mohegan Sun Pocono, including tellers, food and beverage servers and floor supervisors.

Later this year, together with Mohegan Sun Pocono, Unibet will also launch its sportsbook and signature casino online as part of the partnership agreement, which will be available via Apple and Android mobile devices.

Meanwhile, Rivers Casino in Pittsburgh opened its $5 million BetRivers Sportsbook last week, just in time for the Steelers vs. Bengals Monday Night Football game.

The BetRivers Sportsbook is located in the middle of the casino floor; the previous location of Levels Lounge. The new renovations include two 50.5-foot-by-7-foot LED monitors, 24 flat-screen, high-def 86-inch monitors with sports programming, and cushioned seating.

Guests can now place their bets in the new sportsbook with six sportswriter windows and 33 self-service kiosks.

California: Let College Athletes Turn a Profit

Living up to its reputation as a pioneer, California’s legislature has unanimously passed and Governor Gavin Newsom has signed a law that will give university athletes the same rights that the pros have to profit from their names and images, to hire agents and to make endorsements. The NCAA is not amused and will likely take the state to court.

State Senator Nancy Skinner, the author of the bill, challenged the NCAA after the bill was signed: “What I say is: The NCAA, the ball is in your court. You now have the ability to do the right thing and give every student-athlete across the country the right to their name, image and likeness so that athletes like Ed O’Bannon never have to watch a video game and see their image in it without ever having given their permission or not being able to share a penny of that revenue.”

The law takes effect in three years, which leaves plenty of time for lawsuits and negotiations between the NCAA and the state. It does not affect community colleges. It does not allow athletes to violate schools’ existing contracts.

Being the leading edge in this movement means that California will take the brunt of the legal challenges that will almost inevitably result from its action. The NCAA Board of Governors had tried to head off the law by asking Newsom to veto the bill, claiming that the law “would erase the critical distinction between college and professional athletes.”

It added, “As more states consider their own specific legislation related to this topic, it is clear that a patchwork of different laws from different states will make unattainable the goal of providing a fair and level playing field for 1,100 campuses and nearly half a million student-athletes nationwide.”

Setting up its logic for a legal challenge, the board also declared that Golden state universities would gain an unfair advantage in recruitment, which could lead the NCAA to not allowing them to compete in its competitions. In its letter to Newsom asking for his veto, it called the law “a scheme” and “unconstitutional.” It added, “Right now, nearly half a million student-athletes in all 50 states compete under the same rules, This bill would remove that essential element of fairness and equal treatment that forms the bedrock of college sports.”

Not allowing the Golden State’s universities to compete would be a risky move by the NCAA since California is big enough to form its own league with like-minded states. Membership in the NCAA is voluntary.

It could also spark an antitrust lawsuit against the NCAA, but nothing prevents the NCAA from filing its own lawsuit to overturn the law.

It is clearly obvious that NCAA is correct that California’s law will give the state’s biggest schools an advantage in recruiting. Tom Luginbill, ESPN’s national football recruiting director, told the Wall Street Journal, “Kids are going to go where the money is.” He added, “Yes, there are a select group of programs that can recruit solely to the development of an NFL player, but it doesn’t solve any financial problems, at least not during college.”

Several professional athletes have endorsed the law, including the NBA’s LeBron James and Draymond Green.

James, the WNBA’s Diana Taurasi, former UCLA basketball player Ed O’Bannon and former UCLA gymnast Katelyn Ohashi appeared with Newsom at the signing, which took place on the set of an online TV show The Shop. Newsom was a college baseball player at Santa Clara University.

James commented, “Part of the reason I went to the NBA was to get my mom out of the situation she was in. I couldn’t have done that in college with the current rules in place.” James has a 14-year-old son who is already considered a potent prospect as future college player.

Although the NCAA has resisted paying players, it does allow them to accept prize money and a committee is looking at other ways amateur players could make money. The committee is composed of conference commissioners, college presidents and athletic directors. The report is due out this month.

Newsom has asked for an advanced draft of that report, but the NCAA declined. Nevertheless, the governor struck a conciliatory tone at the signing. He told reporters, “We recognize that we need to keep an open mind about the consequences of this legislation. We want to engage in good faith the NCAA and other states, but at the end of the day, we want to address this injustice in higher education. No other student is restricted in using their name, image and likeness. Not one. Only athletes.”

The law was opposed by the University of California system, California State University schools, Stanford and USC, because they feared it would lead to them being expelled from the NCAA. Others who urged Newsom to veto the bill included university presidents and athletic boosters.

One who didn’t take that position is UCLA football coach Chip Kelly took a different position from the NCAA on Monday, who told the Los Angeles Times that the bill was “the right thing to do. It doesn’t cost the universities, it doesn’t cost the NCAA.”

Supporters of the bill argue that it will make it possible for young athletes, especially those poor backgrounds to become financially independent from the college system that allows colleges and corporations to exploit them.

The Pac-12 Conference came out against the law, issuing a statement that said it “believes it will have very significant negative consequences for our student-athletes and broader universities in California. This legislation will lead to the professionalization of college sports and many unintended consequences.”

The three-year delay for the start of the bill gives USC officials hope that it will allow for negotiations between the state and the NCAA to prevent “unintended consequences.” The school said in a statement, “We agree it is crucial to have a serious conversation on the appropriate manner in which student-athletes can license their name, image and likeness for commercial gain.” It added, “We also continue to believe strongly that a national framework is needed to address those issues to ensure our student-athletes are treated fairly and do not face a potential ban from NCAA competition.”

Several states are looking at similar laws. In New York a state senator has proposed a law that kicks it up a notch by requiring colleges to pay their athletes, something California’s law does not address. A similar bill has been introduced in Colorado. In South Carolina a bill like California’s will be filed early next year.

The author of the latter bill, Senator Marlon Kimpson told the Wall Street Journal: “This will be a building block that we can use in the state of South Carolina to make our case.”

Ohio Sports Betting Measure Moves Forward

In Ohio, state Rep. Dave Greenspan announced he’ll introduce three amendments to the sports betting bill H 194 at a House Finance Committee. Greenspan said the amendments will help strengthen the integrity of sports wagering. The hearing will be the fifth in committee for the legislation. Greenspan said a full House vote could take place later this month.

“I don’t think there is much opposition in the House, so I hope it can move quickly through the process. I would like to get it over to the Senate so we can start deliberating on the bill and have it enacted as quickly as possible,” he said.

Greenspan’s bill names the Ohio Lottery Commission to regulate sports betting. State Senator William Coley, president of the influential National Council of Legislators from Gaming States, has said he prefers this provision. However, State Senator John Eklund’s S 111 would establish the Casino Control Commission as the regulator of sports betting—the preference of Governor Mike DeWine. Greenspan said, “As far as the position of the governor, that’s something we’ll work through as the bill continues to move. The governor stated that he preferred the Casino Control Commission, but it was not an outright endorsement as I understand it.”

Another difference between the House and Senate bills is that Greenspan’s would allow sports betting kiosks at licensed veterans and fraternal organizations. Eklund would limit sports betting licenses to the state’s four casinos and seven racinos. State Senate President Larry Obhof indicated early in the session the Senate would not support sports betting in retail locations. Operators of bowling alleys, bars and convenience stores, who are already partners with the lottery, argued if fraternal and veterans’ organizations can have sports betting, they should too. About 1,200 fraternal and veterans’ halls operate in the state.

“Even in the House, expanding beyond casinos/racinos, veterans and fraternals would cause some concern among members. Members are comfortable with those being the initial locations. I can’t say in another one or two years that there won’t be more locations, but at this time, there is not support to expand locations beyond what is in the bill,” Greenspan said.

Judge Blocks D.C. Sports Betting Contract

A Washington, D.C. Superior Court judge has extended a temporary restraining order blocking the District from proceeding on its controversial $215 million sports betting contract. The lawsuit was filed by resident and technology developer Dylan Carragher, who said the no-bid contract awarded to Greece-based Intralot violates the city’s procurement laws and allows officials to circumvent standard competitive bidding. Carragher said the contract illegally bars him and other vendors from participating in the “potentially lucrative enterprise.”

Carragher’s attorney Donald Temple stated, “We were praying hard for this. It’s the right decision. The judge looked at this and threw the ball straight across the plate. My client just wants the opportunity to compete.”

Superior Court Judge John Campbell said he wants to move forward quickly on the case. “It seems to me that we might as well just grapple with the issue. The merits are what they are. The legal argument is fairly straightforward.” He allowed Intralot to continue to operate the D.C. Lottery, as it has under contract with the city for 10 years.

The deal with Intralot divided D.C. Council members. But in July they voted 7-5 to suspend competitive bidding rules and award the sports betting contract to Intralot after Chairman Phil Mendelson warned that rejecting the contract would result in a “years-long” delay and $17 million in lost revenue.

D.C. Lottery officials said the lawsuit is delaying the planned start date of January 2020 for a citywide mobile sports wagering app, and also hurting small businesses hoping to profit from it. District Chief Financial Officer Jeffrey DeWitt argued the no-bid contract would allow the city to quickly launch and tax sports betting ahead of neighboring Maryland and Virginia, where sports betting is not legal.

Arguing against a monopoly for District sports betting, officials at FanDuel and DraftKings said an open, competitive market of licensed sports betting operators would generate the most revenue for the city and deliver a better product to consumers.

At-large Councilmember Elissa Silverman said, “I’ve had concerns all along about avoiding the competitive bidding process and our procurement rules. It looks like the court agrees with me. I want a lottery and sports betting contract that our public has confidence in.”

Earlier this year, a Washington Post investigation found the business Intralot has listed as its main lottery subcontractor, Veterans Services Corporation, had no employees and its website featured executives who didn’t work there. The report found the firm’s chief executive is an employee of Intralot’s subsidiary, DC09, and lives in Maryland.

New Hampshire Lottery Criticized for Keeping Bidders Secret

The New Hampshire Lottery, which received 13 proposals to operate sports betting in the Granite State, is coming under criticism for keeping the names of those bidders a secret.

Last week Lottery Director Charlie McIntyre announced that the lottery would, for the time being, keep the names under wraps, saying in a statement that because of “the confidential nature of the RFP process, the New Hampshire Lottery is unable to release any further information at this time.” It said it will announce the winner of the process in two months. The Lottery anticipates launching sports wagering by early next year.

McIntyre said in a statement, “We are pleased and encouraged at both the robust number of responses and the overall quality of the proposals.”

He added, “As the critical next step in the process, we look forward to reviewing each response carefully and thoroughly to ensure we can ultimately make the right decisions in launching a sports betting system that engages and protects players, while also driving crucial revenue for education in the Granite State,”

An editorial the New Hampshire Union Leader declared, “Keeping secrets is about the last thing the lottery should be doing if it is trying to gain public confidence in what will be a whole new and uncharted area for legalized gambling.”

Although the names have not been released, educated guessing would almost certainly place several companies in the list. They include DraftKings, based in Boston, FanDuel, William Hill and Penn National.

The RFP invited proposals for operating sports book both at a total of 10 retail brick and mortar locations and online. The law, signed into law in July by Governor Chris Sununu, authorizes betting on professional sports and most college sports, except games involving New Hampshire colleges.

Sportsbooks will be operated under the Lottery by the newly created Division of Sports Wagering.

The lottery estimates that sports betting will generate about $7.5 million for schools in FY 2021 and $13.5 million by the time the market matures in 2023.

The Union Leader noted that when the N.H. Sweepstakes Commission was created that it named as its first director an FBI agent in order to protect the Lottery from any taint. It urged the Lottery to be totally aboveboard about the process due to the dodgy history of sports betting and its association in the public mind with bookies, “athletes shaving points and mobsters fixing contests.”

The publication concluded, “The public may not need to know every piece of this “process,” but it damned sure ought to know who is interested in bidding on this massive new business and at what price; and it needs to know that there are no connections between anyone at the Lottery and any of the bidders.”

The law allows for 10 municipalities to host sports betting. It requires that cities interested in doing so must submit the proposal to the voters. So far at least nine cities have either put such proposals on the ballot for November 5 or are studying it. They include Nashua, which is near the state line with Massachusetts, Concord, the state capitol, and Manchester, the state’s largest city.

It also authorizes up to five mobile sports betting operators that would allow wagers to be placed anywhere in the state.

Once New Hampshire’s sports betting operation is up and running it will be the second in New England, following a year after Rhode Island unveiled its sportsbooks on the day after Thanksgiving 2018. A key distinction is that Rhode Island’s sports betting is offered through the state’s only two casinos, which are both owned and operated by Twin River Worldwide Holdings. Both states will have mobile betting.

Blockbuster Deal Creates Largest iGaming Company

The name Paddy Power has a nice ring to it. Too bad the name will be relegated to the annals of history.

The owners of Paddy Power Betfair and PokerStars have agreed to merge in an all-share deal that will create the world’s largest online betting and gambling company by revenue. The combined company is poised to take advantage of the opening up of U.S. markets.

Following the merger, shareholders of Flutter Entertainment—the new name for Paddy Power—would own approximately 54.64 percent of the new company, with the Stars Group shareholders owning the balance.

The merger is the latest in a series of deals as the industry responds to the growing number of gamblers using online and mobile devices and the opportunity created by the relaxation of rules on sports betting in the United States, according to a Reuters article. Combined annual revenues would have totaled 3.8 billion pounds (US$4.7 billion) in 2018, making Flutter-TSG the largest online betting and gaming operator globally, the companies said.

Flutter CEO Peter Jackson, who will retain his role in the combined group, said the deal would “turbocharge” Flutter’s existing strategy and “provide world-class capabilities across sports betting, gaming, daily fantasy sports and poker, as well as greater geographical and product diversification.”

The new company will get a boost in the U.S. thanks to a partnership with Fox Sports which has the right to acquire 18.5 percent stake in FanDuel. Dublin-based Flutter merged its U.S. business with FanDuel last year.

Meanwhile, The Stars Group enhanced its UK operations with the purchase last year of Sky Betting & Gaming in a $4.7 billion deal.

Flutter has focused in North America as the U.S. market opens up to sports betting, and higher taxes and regulations take bites out of its British, Irish and Australian markets.

The merger is expected to deliver pretax cost synergies of 140 million pounds per year, along with opportunities to cross-sell products to one another’s customers in international markets, and also lower finance costs, the companies said. The deal expects to boost Flutter’s underlying earnings per share by at least 50 percent in the first full financial year following completion.

DraftKings Signs Deals with NFL, Pepsi

The NFL last week named DraftKings the league’s first official daily fantasy sports partner.

As part of a multiyear deal, DraftKings will receive exclusive sponsorship and NFL branding across its fantasy platform. The two entities will collaborate on content for the DraftKings app, including marks, logos, data, NextGen Stats and NFL-produced video clips. What the agreement does not include are promotional rights for DraftKings’ traditional sports betting operations.

Daily fantasy sports skyrocketed in popularity five years ago, with major league baseball, the NBA and NHL each partnering with DFS operators. NFL franchises formed commercial partnerships and Dallas Cowboys owner Jerry Jones and Patriots owner Robert Kraft each invested in DraftKings.

The NFL, at the league level, however, kept its distance until now, ESPN said.

“This is a defining moment in the daily fantasy sports industry,” Ezra Kucharz, chief business officer at DraftKings, said in a release announcing the partnership.

Roughly 19 percent of Americans are projected to participate in fantasy sports this year, according to data from the Fantasy Sports & Gaming Association. The NFL remains the most popular league for fantasy sports. DraftKings says nearly 90 percent of its users have played in an NFL daily fantasy contest.

Daily fantasy football deepens fan engagement with the NFL, Renie Anderson, chief revenue officer and executive vice president of NFL partnerships, said.

In related news, DraftKings’ thirst for more deals doesn’t seem to end. The latest example: A partnership with Pepsi. The sportsbook and fantasy sports operator officially announced on Tuesday that it had struck a deal with the soda company to provide a free prediction game. The prediction game itself was already live, however.

The Pepsi Live Prediction Challenge, where fans can pick among three outcomes related to a given week’s NFL games. The game is available via the DraftKings Sportsbook app. The weekly max prize is $5,000; a season-long contest related to the game will award a trip to the Super Bowl in Miami to the best predictor of the season.

“The Pepsi brand and its longstanding synergy with pro football hardly needs an introduction, making this partnership such a special opportunity for DraftKings to team up with an organization that genuinely shares our passion for the game,” Ezra Kucharz, the chief business officer at DraftKings told Legal Sports Report.

“Our player community cannot get enough football and collaborating to launch the Pepsi Live Prediction Challenge on DraftKings helps to both satiate this ever-growing demand and further stoke fans’ competitive flames through new innovation.”

Study: Apps Masquerade as Legit to Snare Gamblers

It’s easy to find gambling software in both Apple’s App Store and on Google Play.

However, both tech giants regulate this industry to prevent overcharging, misuse, abuse, and flouting of local laws, which vary from country to country.  Simple steps can make the difference between losing your online accounts and maintaining privacy.

Recent research has revealed just how far some shady operators will go, according to ZDNet.  Late last month, cyber security researchers from Trend Micro found dozens of fake apps in both stores all of which masqueraded as legitimate offerings before being unmasked as fake, designed to pivot users towards downloading gambling services.

For example, one app described as a hub for holiday information, redirected users to a lottery system. Wine, weather, and entertainment apps were also found to be fraudulent.  Some of the apps, unfortunately, were spotted in Top 100 lists and had been rated over 100,000 times, revealing how entrenched they were .

The applications mimicked genuine content in both stores and could also be downloaded outside of the App Store and Google Play. In Android’s case, users would be directed to an APK file, but when it comes to iOS, people would be directed back to the App Store.

Once downloaded and installed, the apps would, at first, behave normally. However, each app contained a ‘switch’ in which fraudsters could set an app to show its true gambling content.  Trend Micro believes the switch is off during review processes, allowing them to pass inspection.

A connection between some of the fraudulent apps was found via a command-and-control server. “At the time of our research, these apps only seem to use WebView to load a gambling website, and do nothing malicious on the device,” Trend Micro said. “However, fake as these apps may be, they still outranked the apps they impersonated.”

Apple and Google were notified of the researcher’s findings and every fake app has been removed.

New Jersey Rescinds Ban on NBA Bets at Golden Nugget

Tilman Fertitta owns the Houston Rockets, one of few people wealthy enough to own a professional sports team. Fertitta also owns the Golden Nugget casinos in Atlantic City, Las Vegas and Biloxi, Mississippi, making him part of a rarefied fraternity.

Until September 13, Fertitta’s dual ownership of a sports team and a casino put his Atlantic City gaming hall at a disadvantage when it came to sports betting; a New Jersey regulation prohibited bettors from wagering on NBA games at the property.

The rationale for the prohibition, approved after the U.S. Supreme Court overturned a sports betting ban last year, was simple, if misguided. Fertitta’s ownership of the Rockets was viewed as a potential conflict of interest for patrons betting on the NBA.

The legislature took care of the problem this year by approving a law that permits betting on the NBA at the Golden Nugget except for games involving the Rockets. New Jersey Governor Phil Murphy signed the measure that brought New Jersey in line with the other two markets that house a Golden Nugget, with the lone restriction barring bets in Rocket games.

“We applaud this decision that allows all New Jersey sportsbooks to operate on a level playing field while maintaining the highest standards of player’s protection and sports integrity,” said Thomas Winter, senior vice president and general manager of online gaming at Landry’s/Golden Nugget. “We have one of the nicest and most friendly sportsbook lounges in Atlantic City and having a fully competitive offer will be very positive for us across the board.”

The issue has never been a problem in other states. “In Mississippi, our sportsbook has been extremely successful and we look forward to hosting many more guests in our Atlantic City sportsbook lounge this NBA season, offering a best in class betting experience to Golden Nugget patrons, in Atlantic City and online.”

The initial regulation was a rather “silly line item” meant to get sports betting up and running quickly, said analyst Dustin Gouker of Legal Sports Report. “Golden Nugget and Fertitta have booked the NBA in Las Vegas for a long time without incident, so I see no negative in letting the casino book it in New Jersey as well.”

How much of an impact did the New Jersey ban have?

“Golden Nugget has only made about $1 million in revenue from sports betting in 2019, it appears, so the bottom line impact is probably quite small. But it probably hurt its ability to attract new customers during NBA season in 2018-2019,” Gouker said.

According to Winter, it was worse than that. The NBA usually accounts for less than 15 percent of bets, he said. “But 50 percent to 60 percent of bettors bet on the NBA at some point. Based on our experience across multiple jurisdictions, and judging by the drop in mid-week visitation we’ve seen once the NBA season started last year, we estimate that our Atlantic City casino sportsbook lost at least 40 percent of its revenue potential during the past 12 months.”

A lower turnout in the sportsbook lounge can also impact other casino revenues, such as table games and food & beverage, Winter said.

Online, the impact was even greater, he added. “We couldn’t advertise our product without NBA betting and advertising is a must to sign up new players. We will now steadily ramp up our investments, across our product, user experience and marketing.”

Fertitta is not the only casino owner who also owns a pro team. Alex Meruelo, who owns the Sahara in Las Vegas, also owns the National Hockey League Arizona Coyotes. \Mohegan Sun owns the Connecticut Sun of the WNBA, and MGM Resorts owns the Las Vegas Aces in the same league. And the Maloof family, former owners of the Palms Resort in Las Vegas, own the Sacramento Kings of the NBA.

In Nevada, there’s no specific regulation that addresses professional sports team ownership and casino ownership regarding sports wagers. “It’s a case by case decision,” said Michael Lawton, spokesperson for the Nevada Gaming Board (NGCB).

Any limitations on wagers regarding those teams is a league decision and not the NGCB’s, he said. “In the past there have been examples of the board placing conditions on licensees who had ownership in professional teams; however the board hasn’t recently required license conditions. We are not aware of any issues arising from allowing bettors to wager on games at a licensee’s sport book on a team which is also owned by the licensee.”

Fertitta told the Press of Atlantic City that allowing the AC property to offer betting on the NBA will be a huge get. “I think we’ll do well and will be a leader just like we are in internet gaming.”

In related news, the Golden Nugget owner lamented the re-opening of two casino hotels in Atlantic City, bringing the total to nine. He said there are too many properties to support a healthy market. Fertitta said the 2018 addition of Hard Rock Hotel & Casino Atlantic City and Ocean Casino Resort “affected everyone. You could say the market is going up and that we’ve added thousands of jobs, but now every other casino has had to lay off jobs, so I don’t even know how big the net gain is,” he said. “But now, none of the casinos have the cash flow that they did.”

Fertitta said the addition can bring back the bad old days of a decade ago when competition from Pennsylvania resulted in sagging profits and lack of investment in properties.

Over a two-year period, five Atlantic City casinos shuttered, including Revel and the Taj Mahal, reducing the number to seven and the results showed the ship righting itself. Revel and the Taj were reborn as Ocean Resort and Hard Rock.

“This is what happened to Atlantic City the first time, and it’s how the casinos got all run down. People didn’t have the money to keep (their properties) new and fresh by putting money back into it,” Fertitta told the Press. “I think it’s a huge mistake again. It’s a seven-casino market, and when it was seven casinos, everybody was putting money back into the properties. Now, they won’t.”

Golden Nugget weathered any financial struggles because of significant gains in online gaming revenue. In July and August, the casino reported the second-highest total gaming revenue (behind only Borgata Hotel Casino & Spa), spurred by a 63 percent growth year over year from internet gambling. Through August, Golden Nugget and its online partners have reported $108.5 million in revenue from online gaming, according to the state Division of Gaming Enforcement.

New Jersey Horsemen Win Appeals Court Decision

New Jersey’s Thoroughbred Horsemen Association (NJTHA) played a role in the saga to overturn the sports betting ban, a saga thought to be the province of the casinos in Atlantic City. The horsemen filed suit in an effort to claim millions in damages from the NFL and other organizations opposed to sports betting.

The suit got a boost this month when a U.S. Third Circuit Court of Appeals three-judge panel vacated a lower court’s ruling that had dismissed their claim. This marks the third 2-1 split sports betting verdict by a panel on the Third Circuit.

“It’s nice when a plan comes together,” Dennis Drazin, who operates Monmouth Park for the New Jersey Thoroughbred Horsemen’s Association, told NJ Online Gambling. “At some point, maybe the leagues will listen to me.”

Monmouth Park has generated around $27 million in revenue since New Jersey sports betting launched in June of last year. That is just for year one without a mature market for online sports betting, said Play NJ.

The previous 2-1 sports betting rulings went in favor of the leagues, leading the horsemen to appeal to the U.S. Supreme Court both times. After getting passed over on the first try, the horsemen had better luck with the court in 2017, leading to the landmark May 2018 voiding of the Professional and Amateur Sports Protection Act of 1992 that had prevented 49 states from offering full-scale sports betting that Nevada has offered for 70 years.

But this time, the case simply goes back to U.S. District Court Judge Michael Shipp, who 10 months ago had dismissed even the relatively modest $3.4 million bond claim by the horsemen. The rest of the $150 million would come if the horsemen can convince Shipp that they deserve far greater compensation for being stymied for four years.

In the wake of the Supreme Court ruling, the Horsemen’s Association asked for damages from the leagues that fought for years to keep the federal ban in place and stop sports betting from moving forward.

“Shipp will presumably now be tasked with determining how much money the NCAA, NFL, NHL, MLB and NBA will have to pay the New Jersey Thoroughbred Horsemen’s Association for being wrongfully enjoined during the duration of the legal case,” said Ryan Rodenberg, an associate professor at Florida State University.

Both Shipp and dissenting judge David Porter seemed to have gotten stuck on the same point: that when Shipp issued the temporary restraining order in 2014, he was merely following the direction of his superiors on the Third Circuit at the time. That viewpoint, wrote Judge Marjorie Rendell for the majority along with colleague Theodore McKee, “conflates whether [the horsemen’s association] was ‘wrongfully enjoined,’ with whether the District Court abused its discretion in issuing the TRO.”

Wrote Rendell, “Did it turn out that NJTHA had the right all along to do what they were enjoined from doing? There is no way that the answer to that question could be ‘no.’”

Porter wrote otherwise:

“I see little support for holding that a party was wrongfully enjoined when the District Court faithfully followed our precedent. Had the District Court based the TRO on the constitutional question ultimately decided by the Supreme Court, I would view this matter differently. But that is not what happened here.”

Drazin said he hopes Shipp will now permit discovery in the case, thereby allowing each side to probe for evidence for their cause. One possibility if that happens is for the heavily redacted depositions of sports league commissioners and top executives be unsealed, to see if there is reason to believe that the lawsuit against New Jersey was entered “in bad faith.”

Callender to Head Casino Association of New Jersey

Atlantic City casino veteran Steve Callender has been appointed president of the Casino Association of New Jersey (CANJ), a group that represents the collective interests of the shore resort’s nine casino properties. He succeeds Kevin Ortzman, former regional president of Caesars Entertainment Corp.’s three Atlantic City properties. Ortzman left the company in August after he was named in a wrongful termination lawsuit by a former employee.

The 65-year-old Callender is senior vice president of operations for Eldorado Resorts’ East Region, a post he assumed in January. Eldorado is Tropicana Atlantic City’s parent company.

Prior to that, Callender was general manager of Tropicana, where he has held executive positions since 2010. The Press of Atlantic City called him one of the gaming industry’s “longest-serving executives,” and noted that he has spent his entire 41-year gaming career in Atlantic City. He became Tropicana Atlantic City’s top executive in 2018 following the sale of the company to Reno-based Eldorado Resorts.

“I’m the oldest guy in town,” Callender said of his presidency. “But any single one of us could do it. There’s a lot of experience in the room. … It’s just my turn, I guess.”

Gaming revenues in AC have increased over on the past 15 months with the openings of the Hard Rock Hotel & Casino (formerly Trump Taj Mahal) and Ocean Casino Resort (formerly Revel), both located on the city’s iconic Boardwalk. But overall profits have declined due to new competition, both locally and regionally, Callender said.

Revenues were up 13 percent year-over-year in August; Callender told the Press that online gaming and retail and mobile sports betting are introducing new customers to the shore town.

“It brings more retail people and, I think, it’s bringing a new demographic to the properties,” Callender said of sports betting. “We’re seeing more food-and-beverage revenue, we’re seeing more unrated table play, more cars parked and more people staying in rooms. So the retail component (of sports betting) is absolutely having a positive effect on our business.”

Surprisingly, he added, online gaming, which allows people to gamble from their homes or elsewhere, is in fact drawing customers to the bricks-and-mortar properties. “It’s a different customer (than a traditional player). It was surprising to me, but it’s bearing out to be the truth.”

In his role with Eldorado, Callender has operational responsibility for Tropicana; Eldorado Scioto Downs in Columbus, Ohio; and Mountaineer Casino, Racetrack & Resort in New Cumberland, West Virginia.

Of his new role at CANJ, Callender said, “We want to make sure that (lawmakers) are looking at every angle of things. We try to make sure that when they’re doing something that is going to change our industry and help our industry, that we’re doing it in the best way possible.”

Rio Sale the Latest (But Not Last) Las Vegas Deal

Caesars Entertainment has sold the off-Strip Rio All-Suite Hotel & Casino to a non-gaming property company for $516.3 million.

The deal appears to be in line with Caesars’ new owner Eldorado Resorts’ intention to divest the company of some of its Las Vegas assets. The strategy could help counterbalance Eldorado’s debt-laden $17.3 billion purchase of the gaming giant, a deal that’s expected to close early next year.

It also follows quickly on reports that MGM Resorts International, another major operator looking to convert a sizable real estate portfolio into cash, is in advanced talks for sale-leasebacks of Bellagio and MGM Grand and an outright sale of Circus Circus, its last three wholly owned casinos in Las Vegas.

“As it stands today, the spread between public casino company trading multiples and the underlying value of Las Vegas Strip casino resort real estate is a favorable arbitrage opportunity, one that MGM and Eldorado/Caesars could hope to exploit in the coming months,” said John DeCree, an analyst with brokerage Union Gaming.

DeCree said he expects “four or five more potential Las Vegas asset sales within the next 12 months” as there appears to be many more prospective buyers than properties available. As he sees it, “Capital remains cheap, real estate on the Strip is scarce, construction costs are high, making development prohibitive, the Las Vegas business outlook for 2020 remains strong, private equity firms are loaded up with plenty of dry powder, and REITs (real estate investment trusts) are hungry for growth.”

It adds up to “a formula for continued consolidation and ultimately valuation appreciation,” he said.

The Caesars deal, which is expected to close in the fourth quarter, calls for a principal with Imperial Cos.𑁋a private New York City-based entity focused on high-end residential and mixed-use property investment, development and management𑁋to acquire the 2,520-room Rio and lease it back to Caesars to manage for two years at $45 million a year, with Imperial holding a $7 million option on a third year under similar terms.

The Rio will remain in the Caesars Rewards network, while Rio-specific guest data will be co-owned. Caesars also gets to keep the World Series of Poker, which will return to the property in 2020𑁋it’s been there since 2004 and this year drew a record 187,298 entrants𑁋but will likely move after that.

“This deal allows Caesars Entertainment to focus our resources on strengthening our attractive portfolio of recently renovated Strip properties and is expected to result in incremental EBITDA at those properties,” said CEO Tony Rodio. “The retention of the World Series of Poker and retention of Caesars Rewards customers are all factors that make this a valuable transaction for Caesars.”

Howard Stutz, executive director of CDC Gaming Reports, said, “It benefits Caesars in the sense they get the $516 million from the sale. They’re going to put that to whatever use they’re going to. And for Imperial, it gives them a couple of years to figure out exactly what they want to do. If they want to bring another company in to manage it as a casino. If they want to re-image it as a non-gaming hotel. It’s a big piece of land so it gives them a lot of time to do something with it.”

SunTrust gaming analyst Barry Jonas speculated along similar lines in a client note. “We would expect Imperial to re-image the property and its land bank potentially with a wider non-gaming focus and/or the use of third-party partners.”

For this reason he sees it as “unlikely” that Caesars will return to manage the property for a third year. “We believe this was structured to allow more time for the buyer to pursue strategic redevelopment options as opposed to more traditional sale-leaseback transactions.”

The Rio opened in 1990 under the control of casino design and construction magnate Anthony Marnell III as an outlier to the then-prevailing move toward a family friendly Las Vegas. It combined slightly risqué tropical theming with a boutique food and beverage offering and a party vibe that in many ways presaged where the Strip would head in the coming decade. It operated as a single-property public company until it was acquired by Caesars’ predecessor Harrah’s Entertainment in 1998 for $880 million in stock and assumed debt.

Stutz, meanwhile, believes Las Vegas could use some new blood. “It’s kind of nice to see a company like Imperial come in and take the Rio because now you’re going to get fresh eyes on it. You’re going to get fresh eyes on all these properties.”

In related news, Caesars Vice President of Corporate Communications Seth Palansky has assured poker fans that the World Series of Poker will return to its home at the Rio in 2020. Commenting on Twitter, Palansky said the odds are “100 percent” that the WSOP will be back next summer. The Rio has hosted the annual poker championship since 200.

Casino Operators Pitches Plans in Rockford, Illinois

The city of Rockford, Illinois recently held a public meeting where each of the three contenders for a casino license made its case in a 45-minute presentation to about 600 attendees. Mayor Tom McNamara said city staff will continue to negotiate with Forest City Casino, Hard Rock International and the Rock River West Group. “Through that process, we’ll start to narrow that down, probably get it down to two. The turnout was pretty much what we expected. I think it was a good opportunity for residents to get really the first full blush of every single proposal. I thought there were a lot of good questions asked and I think all three proposers did their best.”

The city—the third-largest in the state–has until October 26 to submit its recommendation(s) to the Illinois Gaming Board, which will have up to one year to select the chosen developer.

Rockford is one of five south Chicago suburbs selected to develop a casino under the state’s new gambling law passed earlier this year.

Here’s a roundup of the three competitors:

Forest City Partners

The $420 million development on 136 acres off Lyford Road would include a 250-room Wyndham Hotel, 150-room casino hotel, 40,000 square foot indoor water park, 10,000 square foot outdoor water park, family entertainment complex, golf course, campground, restaurants and even a 130-150 bed senior living facility—plus a 60,000 square foot casino.

One of the owners, Henry Leong of Viet Capital Group, said the project would create 2,000 construction jobs and 2,000 permanent jobs. He said Merit Management Group would operate the casino.

Darren Lazan of Minnesota-based Landform Development, the master developer for the Forest City Partners project, said the developers are considering two temporary casino options: building a $5-$8 million temporary casino that would convert to another venue when the casino opens; or, it could find an existing building to serve as a temporary casino.

Hard Rock International

Rick Nielsen of the famed rock group Cheap Trick entertained the audience before Hard Rock International’s presentation, which included a video highlighting its hotels, casinos and Hard Rock Cafés around the world. Nielsen, a Rockford native, said, “I think this is gonna be an amazing project. I don’t need a job, but some people do. This would be a good investment.”

The $310 million Hard Rock Casino Rockford development at the shuttered Clock Tower Resort property near State Street and Lyford Road would include a casino with 1,500 slot machines and 55 table game seats, a Hard Rock Café and other restaurants and 1,600-seat live entertainment venue. Phase two would include a hotel. Officials said within 90 days of obtaining a license, Hard Rock would open a temporary casino location with more than 730 slot machines at Giovanni’s Restaurant & Convention Center, 610 N. Bell School Road, until the permanent location is constructed.

Lead investor Dan Fischer said, “We started this journey six years ago, recognizing that Rockford and the Clock Tower site was an ideal location. Our goal with the Hard Rock Casino Rockford is to build a new history at this iconic site and make it once again a destination.” He noted the Hard name is one of the most recognized brands in the world and would benefit what a “regional casino.” Fischer added a market study showed every day about 64,000 cars would pass by the venue, which could generate $282 million a year for the local economy.

Gorman & Company

Wisconsin-based Gorman & Company’s proposed $400 million Water Power Entertainment District includes a historic redevelopment at 650 Race Street. Illinois Market President Ron Clewer said the project would be an urban casino that complements the downtown as opposed to an “island casino,” where visitors typically don’t leave.

Clewer said the development would include a 60,000 square foot, 1,200-position casino, a Rock & Brews Family Restaurant, a 60-room hotel, bowling alley, 300-500 seat concert hall and a Rockford Aquarium. “As we think about the customer experience that each of these proposals talked about, it has to be an authentic Rockford experience,” Clewer said.

A temporary casino downtown would open in the first phase, offering 460 gaming positions.

Clewer said the casino would create 800 full-time jobs. He stressed it could be operational before a proposed Ho-Chunk casino just across the state border in Beloit, Wisconsin.

Illinois’ new gambling law also allows sports betting at venues with more than 17,000 seats. Rosemont Mayor Brad Stephens said that motivated the community to form a 5-member committee to pick a company to run a sports betting operation within a 5-block radius of Allstate Arena. Stephens said several sports betting companies have contacted the village over the last few months.

Village spokesman Gary Mack said the committee was formed because the village wants to be as “transparent as possible and make sure every possible opportunity to do this the right way is examined. Rosemont isn’t going into this helter skelter. The whole thing was precipitated by there being a number of entities and companies that have expressed some interest. The village isn’t in a position to field those, so we wanted to assemble a group that could do it properly and seek input, hopefully from the gaming board as well.”