DOJ Opinion on Wire Act - February 2019

Presenters: Jeff Ifrah and George Rover

On Jan. 14, 2019, the Department of Justice’s Office of Legal Counsel issued an opinion reversing its 2011 position on the Wire Act and sports betting, contradicting not just itself but decisions by at least two District Courts and dicta by the U.S. Supreme Court by maintaining that the Wire Act prohibits all interstate wagering activity. U.S. Acting Attorney General Rod Rosenstein confirmed that there will be a 90-day window before DOJ attorneys will proceed with enforcement.

Online sportsbooks have always had to address the challenges and issues presented by the Wire Act so the regulatory landscape remains the same for this vertical. However, this Opinion has a significant impact on online casinos, poker, and lotteries. Stakeholders will need to evaluate how to structure the online gaming environment to be fully intrastate – as they have for online sports betting.  VIEW WEBINAR

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