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Adelson rolling in grave; Police blotter

It’s a good thing Sheldon Adelson didn’t live to see this. The First Circuit Court of Appeals quashed a 2019 reinterpretation of the Federal Wire Act by the Justice Department, one that broadly applied it to Internet gambling. The federal court agreed with a New Hampshire one that the Office of Legal Counsel had erred and that the Wire Act only applies to interstate sports betting. The case had been brought by the New Hampshire Lottery “We find the plaintiffs’ claims are justiciable and that the Wire Act applies only to interstate wire communication related to sports events or contests,” sayeth the court. Unless the Joseph Biden administration pursues this to the Supreme Court (highly unlikely), Eric Holder‘s narrow, 2011 interpretation of the Act will stand. In other words, the First Circuit has driven a stake through the heart of the anti-Internet-gaming movement, or what’s left of it.

Were Adelson still around and the First Circuit had upheld the 2019 revision, he wound have found himself in an awkward position. Earlier this week, ace reporter James Rutherford revealed that Las Vegas Sands “was in discussions with potential partners to enter the sports betting business, a move that would take the company down the internet gambling path which Adelson so vehemently opposed.” That would make Adelson even more of a pious fraud than he already was on the Internet issue. It’s a disservice to Sands shareholders that the company has missed the online-sports-betting boat, although it’s in no position to capitalize i-gaming, not after having quit Pennsylvania.

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Icahn saves Trump Dump; Disaster in Pennsylvania

Carl Icahn‘s abusive-codependent attachment to Trump Plaza knows no ends. In his latest gambit, the magnate has kiboshed the implosion of the ramshackle ex-casino that had been slated for sometime in February, by dint of obtaining a cease-and-desist order. Instead, dismantling of the crumbling relic will continue at a stately pace, with plans for the site still unknown. At least Icahn, who has repeatedly embarrassed Atlantic City, showed some grace this time. He short-circuited Mayor Marty Small‘s auction of the demolition rights by matching the leading bid—$175,000—and donating it to the Boys & Girls Clubs of Atlantic City. Our sincere thanks for that, Uncle Carl. “From the beginning, we thought the auction and any other related spectacle presented a safety risk, and we were always clear we did not want to participate in any way,” said an Icahn mouthpiece. Opined The Press of Atlantic City, “We hope this happy ending opens the way for redevelopment of the Plaza site for the benefit of all.” We hope so too.

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Massachusetts hit hard; NFL playoffs a tossup

Between Covid-19 capacity restrictions (33%) and statewide curfews (9:30 p.m., when the night owls are just getting rolling), Massachusetts casinos were between a rock and a hard place last month, with revenues falling 40% to a meager $50 million. If there was a silver lining for anybody, it was at Plainridge Park, whose slots collected an above-average win/slot/day of $247 and whose market share was 18%, closing the gap with MGM Springfield‘s 23%. Encore Boston Harbor remained dominant with 59%. Encore revenue plummeted 46% to $29 million, MGM made $11.5 million (-40%) and Plainridge Park won $9.5 million, only 10% off the pace on 10% less coin-in. (They must have some pretty loyal customers.) MGM saw 33% less slot handle (an anemic $118/win/slot/day) and a disastrous 60% plunge in table game revenue. Where JP Morgan analyst Joseph Greff had predicted a 15% decline in the fourth quarter, MGM delivered -34%.

At Encore, it was the opposite story. Greff expected a 50% 4Q20 decline and Encore managed -34%, a victory of sorts we suppose. Slot handle fell 29% and so did revenue from the one-armed bandits. Table game win was $2,972/table/day (contrast that to MGM’s $543). But even tightening the hold on the slots didn’t help that department. Plainridge Park is obviously doing things right, Encore somewhat the same but a serious rethink of MGM’s gaming product appears in order. Connecticut tribes who feared competition from Springfield can sleep easily at night.

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Flynt winning in California; Caesars S.I. to Cherokee?

Larry Flynt continues to be the de facto leader of California‘s card room industry. He’s fighting in court against a Golden State law that prevents card room owners from holding stakes in out-of-state casinos. (Flynt in Las Vegas? Imagine!) When Gov. Gavin Newsom‘s administration moved to dismiss Flynt’s suit, Judge John Mendez said ‘No.’ He also indicated that the law could contravene the interstate-commerce clause of the U.S. Constitution. Flynt has been waging this battle since 2016. He co-owns two card rooms, Hustler Casino (what else?) and Lady Luck, both in Commerce. The law Flynt is trying to overthrow was enacted in 1986, in an attempt to keep Mob influence out of California’s gaming industry. If so much as one slot machine went into Flynt’s Vegas-area strip club, he’d either have to sell the club or his card rooms. For Flynt, that is Sophie’s Choice.

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Wynn, loopy attorney in legal feud; Philly goes Live

Steve Wynn is back in the news again. His former attorney, L. Lin Wood, is suing Wynn for alleged defamation, the ex-casino mogul supposedly having told Donald Trump that Wood was several fries short of a Happy Meal. The falling out between Wood and Wynn came after a charity dinner, at which Wood extolled the superior virtues of Christianity to Wynn, a Buddhist by way of Judaism. Before that, Wynn was happy to have Wood doing his dirty work, whether it was trying to muzzle an attorney for victims of Wynn’s sexual harassment or sweeping aforesaid misconduct under the rug. Of one sexual assault Wynn said churlishly, blaming the victim, “Anybody who is over 10 years old and knows what goes on in the world knows what happens next. Along comes this gal who had a turn with me, obviously being advised on what to do. So, in this context, $7.5 million was not a significant number. And I paid it.”

As for Wood’s sanity, judge for yourself. He was banned from Twitter for calling for Vice President Mike Pence‘s execution by firing squad. He’s shilled for QAnon. He has insinuated that Supreme Court Chief Justice John Roberts is both a pedophile and somehow complicit in the death of Justice Antonin Scalia. Oh, and sex-abuser Jeffrey Epstein is alive and thriving. A Delaware judge recently ruled that Wood’s in-court behavior “exhibited a toxic stew of mendacity, prevarication, and surprising incompetence.” And this is who Steve Wynn chose to handle his legal affairs? Pardon us but we don’t have a dog in this fight.

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Chilly in Atlantic City, deep freeze in Detroit; Siegfried, R.I.P.

Casino revenues in Atlantic City plunged 29% last month. “Results for the month reflect the negative impact of higher new COVID-19 cases in recent weeks, capacity limits and restrictions on F&B offerings, similar to other regional markets,” writes JP Morgan analyst Joseph Greff. The gross was $147 million, with slot revenues plummeting 34.5% and tables down 17%. As we’ll get to momentarily, there was some compensatory news on the cyber front, with i-gaming revenues shooting 102% higher than last year and sports betting skyrocketing 126%. As PlayUSA analyst Dustin Gouker put it, “The pandemic has had a diametrically opposite effect on New Jersey’s online and retail markets for both sports betting and casino games. But the growth of online betting was crucial in making up for at least some of the losses in revenue at Atlantic City casinos and certainly continue to steady the entire gaming industry.” But on to the brick-and-mortar stuff …

Borgata fell 28% $39.5 million as slots were down 31% and tables 28%. The Caesars Entertainment trio collapsed 41% on 46% less slot win, and tables were down 23%. Bally Corp. had a rough first month at its new, eponymous casino, spiraling 45% downward to $7 million. Caesars Atlantic City slipped 23% to $14 million, Harrah’s Resort was a calamitous -53% for $12 million and Tropicana Atlantic City dove 42% to $13.5 million. Only Hard Rock Atlantic City was revenue-positive, up 2% to $26 million. Ocean Resort stumbled 9% to $19 million, Resorts Atlantic City plummeted 42% to $7 million and Golden Nugget slid 43% to $8 million.

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Quote of the Day

“Some of the restrictions make sense and others, well, let’s just say they are ill-conceived. The fact that restaurants and bars are still being hit with arbitrary and capricious restrictions is maddening, especially when visiting retail stores and seeing how little restrictions are in place. Diners have to make a reservation in advance for a restaurant, but 437 people can walk right into a Costco without the blink of an eye. Our ‘leaders’ are failing us.”—Carson Kitchen owner Cory Harwell on Las Vegas restaurant restrictions.

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Covid cramps casino revenues; Trop LV in play … again

Now that the smartest man in the room has left the building permanently, we continue to wait for Wall Street‘s reaction to Sheldon Adelson‘s demise. Hearing none, we move on to varying degrees of decline in regional gaming, once thought impervious to the Covid-19 pandemic. It wasn’t so bad in Missouri, where revenues slipped 8.5%. Boyd Gaming properties held serve, flat year/year but Penn National Gaming took a 24% tumble, while Caesars Entertainment edged 3.5% down. The statewide gross was $134 million, with slots ($116 million) down 7.5% and table games ($18 million) off 13%. Statewide champ was Ameristar St. Charles, up 8.5% to $24 million. Neighboring Hollywood St. Louis plunged 25% to $15 million. Caesars did well at Lumiere Place, up 8% to $14 million. River City (Penn) crashed 29% to $14 million.

Over in Kansas City, only Bally Corp. was revenue-positive at Isle of Capri Kansas City, leaping 18% to $6.5 million. Ameristar Kansas City fell 10% to $14 million and Harrah’s North Kansas City was off 11.5% to $13 million. Penn was slightly more fortunate than in St. Louis, taking in $12.5 million at Argosy Riverside a -14.5% drop. Caesars slipped 8% at Isle of Capri Boonsville, to $6 million, and Century Casinos was 2% down in Caruthersville ($3.5 million) but 14.5% up in Cape Girardeau ($6 million). Independent St. Jo Frontier had an unfortunate month, falling 20.5% to $3 million but Mark Twain Casino jumped 19% to $3 million. Such are the vagaries of small-market gaming.

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Tribute to a bad man

Sheldon Adelson, 1933-2021

Sheldon Adelson‘s Horatio Alger success story came to an abrupt end today, when the Boston Globe broke the news of his death from lymphoma at age 87. Adelson had a good run in the industry, longer than most, and his career—despite a costly money-laundering scandal—was never tripped up the kind of ethical failings that brought contemporaries Steve Wynn and J. Terrence Lanni low. He outlasted all his major competitors on the Strip and successfully steered Las Vegas Sands through two recessions, among myriad other accomplishments. But his reign in Las Vegas as the doge of Venelazzo was not without taint, local, national and international. We’ll get to that in a minute.

Reactions to Adelson’s passing were quick to roll in. The American Gaming Association, with which he had been sometimes at odds, issued the following statement from President Bill Miller, which read in part, “I had the pleasure of knowing Mr. Adelson for more than 15 years, long before joining the American Gaming Association … It is his leadership and generosity that stand out the most to me. There’s no greater example of this than serving his community and prioritizing his employees’ well-being during the last year as our country and industry grappled with the global pandemic … may his memory be a blessing.”