DFS dealt major setback; Mills is grist

Daily fantasy sports was dealt a major setback when a New York State court ruled it unlawful. It was deemed that the Lege had exceeded its remit by classifying DFS as a game of skill, not of chance. New York is a leading market for DFS, and operators like DraftKings and FanDuel thought they had reached an accommodation with the Empire State. The state gaming commission is defying the court by continuing to maintain its position that DFS is a skill game. The ruling, nonetheless, makes New York one of six states where DFS is illegal. As Fox Business reports, “Some states, such as the gambling capital of America, Nevada, have no fantasy operations because it is seen as gambling and as a gambling operation, a company such as DraftKings would require a state gambling license.”

Gambling debts were the source of DFS’ Empire State setback. Losses incurred playing fantasy sports were the impetus for Stop Predatory Gambling to sue at the behest of four disordered gamblers. National Director Les Bernal called DFS “consumer financial fraud,” continuing that This isn’t about people having a Super Bowl office pool. This is about state government cheating and exploiting people, contributing to the huge debt culture in the state.” While the state is undecided about an appeal, FanDuel is moving ahead with one, saying that it will be business as usual in the meantime.

* Gerontic Maine Gov. Janet Mills (D) has been overriden by the state Senate in her attempt to veto sports betting. Five Republicans joined 15 Democrats in stomping Mills, who now must hope for less bipartisanship in the House. The legislation, a mashup of seven bills, would enable sports betting at tribal venues, private-sector ones, horse tracks and OTBs. Casino operators like Penn National Gaming and Churchill Downs opposed it, saying they should be able to double down on their monopoly on casino gambling, something Sen. Louis Luchini (D) persuaded his colleagues to resist. “Where there is brick and mortar there is investment,” responded casino supporter Sen. Scott Cyrway (R). Maine lawmakers expect $5 million a year in tax revenue from sports wagering, which has generated $17 million in handle in its first legal month in neighboring New Hampshire. The bill goes to the House this week.

* It only took five years but Rob Goldstein has been licensed as COO and president of Las Vegas Sands. “Clerical oversight” is blamed for the delay. Also approved was new Affinity Gaming CEO Mary Elizabeth Higgins. Congratulations to both but especially to Higgins, who brings needed diversity to the executive suites.

* Advocating a ‘clean’ bill as the best way to approach sports betting in Connecticut, state Rep. Joe Verrengia (D) has proposed a counterpoint to state Sen. Cathy Osten‘s tribes-only approach. Verrengia would deal the tribes, OTB operator Sportech Venues and the state lottery all into sports wagering—and only that. (Osten wants to give Foxwoods Resort Casino and Mohegan Sun Internet gambling and an online lottery.) Explained Verrengia, “In the past, we’ve approached this in a holistic way through comprehensive gaming policy, but given the number of hurdles and how problematic it is to get anything passed beyond sports betting, I think we should stick to sports betting.” Easier said than done. The tribes would have to back down from their insistence on exclusivity and MGM Resorts International would want to be dealt into the game, which Verrengia would restrict to in-state stakeholders. As for that proposed, $675 million MGM casino in Bridgeport, it may have tiptoed away. Says Mayor Joe Ganim, “MGM’s been very quiet,”

* “Good faith” got MGM Grand Detroit out of an appeals-court scrape involving “the worst gambler on the planet,” Gino Accettola, who blew through $6 million in money from investors that was supposed to have been spent on Michigan and Florida construction projects. Instead, Accettola gambled it away at MGM, which was not found liable, even though its due diligence left something to be desired when extending him credit. (Accettola is currently doing time for unrelated felonies.) Wrote the court, “a background check would have revealed that Accettola had no employment or other source for the millions he used to gamble at defendant’s casino. It also would have revealed that he had a criminal history involving identity theft and larceny by conversion, among other crimes, and that he had served significant time in prison.” Whoops.

On a brighter note, MGM Grand Detroit just opened the first in-casino pharmacy in Michigan, serving both employees and the community at large. That’s an example worth emulating.

* Protesting Playboy bunnies at a casino trade show may be taking things a little too far. But England’s Gambling Commission may also have been out of the office when the #MeToo movement happened and hasn’t checked back in. Its response to reports of scantily clad models at the prestigious ICE show was to call for self-regulation. “It is a matter for the organizers to enforce that code,” yawned new commission supremo Neil McArthur. His predecessor, Sarah Harrison said, “A woman from the gambling industry is Britain‘s highest paid boss. Yet from walking around the exhibition you wouldn’t know this. Instead you saw men representing their companies wearing expensive tailored suits whilst their female colleagues were expected to wear nothing more than swimsuits.” One attendee, Flavio Grasselli, was unfazed by the fuss, likening attending ICE to geeking out a sci-fi convention or something of that ilk. “Gambling is linked with the forbidden,” he argued, likening female sexuality to “the sensuality of the roulette wheel.” That’s a new one. Anyway, we haven’t seen any pictures from ICE which should raise umbrage, so we’d advise everyone to take a chill pill until the show leaves town.

* You’ve heard of historic racing. Now here comes historic basketball, in which you gamble on a 60-sample of an NBA game. It’s only offered online in New Jersey at present but, with myriad side bets, it promises to be a good deal more intricate than wagering on which horse finishes first.

* Melco Resorts & Entertainment reportedly plans to liquidate its existing, 10% stake in Crown Resorts, completing a Crown exit strategy. Don’t fear for the Melco empire, though: The company still has Cypriot, Philippine and Japanese irons in the fire.

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