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.
