|
Forbes Magazine:
Bodog.com's Calvin Ayre appears on the cover
Catch Me If You Can
Calvin Ayre has gotten
very rich by taking illegal bets over the Internet.
On a warm, bright morning just outside San José,
Costa Rica, Calvin Ayre, slightly hungover, was
lounging in his bathrobe at a poolside office in his
new $3.5 million, 10,000-square-foot compound.
Sipping coffee poured by one of his five servants,
the entrepreneur declared, paraphrasing Sun Tzu’s
The Art of War, “I’m going to win this war without
fighting battles. I’ve put a lot of energy into
finding ways not to fight my enemies.”
From this tropical oasis, Ayre has dodged and
taunted those enemies, the main one being the U.S.
Department of Justice. His Bodog Entertainment Group
is in the not very kosher business of Web gambling.
It takes bets from 16 million customers, most of
them in the U.S. And that appears to violate the
law--Title 18, Section 1084 of the U.S. Code--which
forbids using telephones or other communication
devices “in interstate or foreign commerce” in order
to take bets. “Online gambling, whether it is
located offshore or not, is illegal when it comes to
the United States and its citizens,” says a Justice
Department official who works on Internet gambling
crimes.
But Bodog has no physical presence in the U.S., Ayre
is not an American citizen, and the extraterritorial
reach of U.S. law is not clear. Ayre, at any rate,
has no assets in the U.S. for the G-men to seize.
Last year the privately held Bodog handled $7.3
billion in online wagers, triple the volume of 2004.
Ayre says all this betting gave him sales of $210
million, and that he took 26% of the revenue to the
bottom line. What’s his business worth? Two similar
ventures that are publicly traded (in Europe) go for
well over 18 times trailing earnings. At that
multiple, Bodog, along with other assets, gives Ayre
a net worth of at least $1 billion.
Ayre presumably has not just the vice squad but the
tax collectors in a huff. While 95% of his sales
come from the U.S., the 44-year-old doesn’t pay a
nickel in corporate or personal income tax here. Is
that legit? Foreigners are supposed to pay federal
tax on income derived from U.S. business activities.
The suckers are stateside, the electronic roulette
wheels and digitized sports pools in Costa Rica.
Where’s the action? It remains to be seen whether
irs agents could make Ayre pay, assuming they could
get their mitts on either him or his money.
His taunting analysis of the law: “We run a business
that can’t actually be described as gambling in each
country we operate in. But when you add it all
together, it’s Internet gambling.”
There are 2,400 Internet gaming sites, estimates
tracker Casino City, a few hundred of them operating
in Costa Rica’s tax and regulatory haven. According
to research company Christiansen Capital Advisors,
they pulled in revenue (vigorish, that is) of $12
billion last year, double the volume on the Las
Vegas Strip. Ayre gets his share with a smorgasbord
of offerings (sports, poker and casino games), a
heavy dose of marketing and a lot of repeat
business. Bodog.com claims 145,000 regulars who bet
at least once a week. Their average wager: $60 for
sports, $13 for casino games.
Bodog is spending $80 million this year to nudge
beyond gaming into a kind of MySpace for adults.
Most of it is pretty cheesy entertainment, like his
recent hosting of the Lingerie Bowl, a raunchy
pay-per-view cable alternative to the Super Bowl
halftime show. Ayre is also supporting the careers
of a dozen lesser-known rock and hip-hop acts (Bif
Naked and Syndicated Villain among them) and
producing a poker show on cable TV with a slew of
C-list celebrities like Rob Mariano (a contestant on
CBS’ Survivor) and card shark David Williams. Hardly
any of these ventures makes money, though Ayre
insists they will one day. But it probably lures
customers to try their luck on Bodog.com. Its 1.5
million unique visitors per month, according to
Internet tracker Hitwise, rivals that of
Sportsbook.com, which is owned by London Stock
Exchange-traded Sportingbet Group, the world’s
largest sports betting company.
Ayre likes to be seen--especially with attractive
women. He is unmarried and has no steady girlfriend
(“It would be unfair to the girl,” he says). He has
himself driven around in a black Hummer by a
chauffeur who was trained as a sniper in the
Canadian military and practiced in Somalia, Bosnia,
Afghanistan and Iraq. Why the heavy metal? Ayre says
he and three friends were robbed at gunpoint on the
streets of San José a few years ago. His rivals say
there’s about as much need for a bodyguard in Costa
Rica as in Boca Raton.
Raised in Lloydminster, Sask., Calvin Edward Ayre
(pronounced “air”) is the son of grain and pig
farmers. He placed his first bet during his teens,
playing blackjack for pennies with his mates on long
hockey trips across the Canadian tundra. By the time
he attended the University of Waterloo, Ayre was
betting on sports (for beers, he says), and
developing a taste for business. Over the summer he
bought a five-ton truck, loaded it with cherries and
peaches he’d picked and sold the fruit to motorists
on the side of the road. He also organized trips to
Florida and Cuba for his party-going classmates.
It didn’t take him long to land in trouble. With an
M.B.A. from City University in Seattle, Ayre took a
job in June 1990 as president of Bicer Medical
Systems, a Vancouver, B.C. heart-valve maker. The
company was underfinanced, he says. According to
British Columbia Securities Commission documents,
Ayre sold 300,000 Bicer shares without releasing a
prospectus. He also moved millions of shares between
several accounts, including his own, without filing
insider trading reports. “I knew that I wasn’t
following all the rules,” he says. “But I also knew
I had to do it to keep the budget alive.” Though he
was never charged, Ayre settled in 1996 for a
$10,000 fine and a 20-year prohibition from running
a company listed on the Vancouver Exchange.
Meantime Ayre borrowed Cisco (nasdaq: CSCO - news -
people ) training manuals and taught himself network
design, then tried launching several Web-based
ventures, including a voice-over-IP company. All of
them flopped. Then he read a newspaper story about
Ronald (the Cigar) Sacco, a U.S. bookie who had set
up an offshore phone-in betting operation in the
Dominican Republic to elude felony charges in the
States. “There was a loud bang in my head and the
whole universe came together,” Ayre recalls. (Sacco
pleaded guilty in 1994 to money-laundering charges
and went to prison a year later. His operation later
moved to Costa Rica.) Ayre invested $10,000 to build
a Web-based system for betting online, providing
software to offshore bookmakers.
By 1996 he was in Costa Rica, helping to launch some
of the first online casinos, like WinSports and
GrandPrix, for other bookmakers. Internet gambling
was basically unheard-of, and there was a strong
disconnect between the kid and the old coots taking
the bets. Ayre not only wanted to encourage smaller
bets to generate more predictable revenue and
profits, he also wanted to settle accounts with
online checks, instead of suitcases of cash. “I was
pioneering a new industry,” he says. That’s half
true. Sportsbook.com was championing a similar
model, taking bets from customers using credit cards
issued by European banks.
Ayre launched his own site in April 2000, starting
with sports betting. There were options to pay with
credit cards and online checks (wired from U.S.
accounts to Bodog’s London accounts), a $5,000
maximum and plenty of pictures of pretty girls.
Later he added online poker and casino games. In the
event that you are a winner, you collect via wire
transfer. Presumably, you declare your winnings on
your 1040, but Ayre does not file reports with the
IRS.
To create some attention, Ayre begat the fictitious
“Cole Turner” as the public face of Bodog. He
convinced Christopher Costigan, owner of
Gambling911, an online tabloid promoting Web
gambling, to post stories of Turner, an Indiana
Jones-like character. In 2003, for example, Ayre
turned his vacation to Thailand into a Cole Turner
Internet adventure. Using a digital camera, a
machete, fake blood and a cast of taxi drivers and
massage-parlor girls, Ayre spun the tale of Turner
leading an expedition into Cambodia to fight a cell
of Buddhist terrorists. Along the way Turner was
captured by the Cambodian army, double-crossed by
opium warlords in a lost ancient city and wounded in
a knife duel while escaping the country. Ayre wrote
the eight-story series on the plane back to Costa
Rica. It was released during the college bowl
season.
The series got noticed. Disgusted bookies at rival
companies posted notes on Internet forums saying
Turner was a terrible businessman because he was off
on an adventure rather than at his desk during one
of the busiest betting times of the year. One
gambler called Bodog and said he wouldn’t place
another bet until he knew if Turner was alive.
But the joke got old. After being quoted in a 2004
Cigar Aficionado magazine story as Cole Turner, Ayre
got tired of explaining to reporters that Turner was
just a marketing trick. Still Ayre hasn’t lost his
crude touch: He sometimes hands out thong underwear
as business cards. For an April Fool’s gag last year
he released a statement apologizing to customers for
losing Bodog to Virgin’s Richard Branson in a
drunken poker match.
Bodog is based in Costa Rica, where 150 bookmakers
and customer service reps guide the action. The
government doesn’t charge businesses on money earned
from other countries, and since Ayre doesn’t take
bets from Costa Ricans, all Bodog revenues come from
foreign lands. He pays no personal income taxes in
Costa Rica since all his assets--cash, cars, houses
and other properties--are in Bodog’s name, not
Ayre’s. He says he has $25 million invested in Costa
Rican and Canadian real estate and $40 million in
Swiss banks.
In Vancouver, 200 graphic designers and computer
programmers work at Riptown Media, whose only client
is Bodog. But producing advertising copy is not a
crime and Bodog itself doesn’t keep an office in
Canada, which has legal restrictions against online
gambling similar to those in the U.S. Ayre says his
citizenship isn’t a reason for not setting up
operations in Canada, though he still carries that
insider trading settlement on his record and admits
he doesn’t want to “tempt fate.”
The U.S. Justice Department hasn’t had much luck
prosecuting online gambling operators. Jay Cohen, an
American who co-owned World Sports Exchange in
Antigua, is the only known proprietor ever put on
trial. Found guilty of accepting bets from America
over the Internet in August 2000, he was sentenced
to 21 months. But some American offshore operators
haven’t been touched, even though they sometimes
return to the States. Among them: Ruth Parasol and
J. Russell DeLeon, a married couple who, along with
Indian partner Anurag Dikshit, got very rich when
they took PartyGaming, a Gibraltar company, public
in London last June. Dikshit is worth $3.3 billion,
Parasol and DeLeon $1.8 billion each.
Uncle Sam has found ways to make those who help Web
casinos sweat. In 2003 Ebay’s PayPal operation paid
the U.S. $10 million to settle charges of enabling
online betting with money transfers. In January the
tabloid Sporting News surrendered $7.2 million to
the government, money it earned advertising gambling
sites. Ayre has a clever work-around. Most
broadcasters in the U.S. don’t want to pay fines for
running Bodog.com ads but happily take money for
advertising Bodog.net, a free “educational” site
that looks almost identical to the Bodog.com money
machine.
There is some risk that Congress will give the DOJ
more weapons with which to attack offshore gamers.
Senator Jon Kyl (R--Ariz.) has introduced a handful
of bills to stop online gambling. One made it to the
floor and was voted down in November 1999; Kyl’s
handler blames “shadowy forces.” Rep. James Leach
(R--Iowa) introduced similar legislation last
November. “Internet gambling has dangerous
implications for families and society,” Leach says.
“It’s also a front for money laundering and
terrorism,” though he has only anecdotal evidence.
Ayre, paradoxically, might also be in trouble if
Congress went the other way and legalized online
gambling. That, he says, would encourage the likes
of Google (nasdaq: GOOG - news - people ), Microsoft
(nasdaq: MSFT - news - people ) and Ebay to open
sites. But other powers disagree. “Do you think the
Internet or gambling is going to disappear in the
next ten years?” asks Nigel Payne, Sportingbet’s
chief, who spends much of his time lobbying for
regulation. (His largest stockholders include
Fidelity Investments and Merrill Lynch (nyse: MER -
news - people ).) “The U.S. needs to regulate it,
license it and tax it.” Payne says the U.S.
government could have reaped $900 million from
online gambling taxes last year. He has a strong
ally in Terri Lanni, chief executive of MGM Mirage,
which owns the Bellagio and MGM Grand in Las Vegas.
Washington is “making a major mistake by not
legalizing this type of gambling, considering that
almost all wagers going to offshore sites come from
the United States,” he says.
Whatever happens, Ayre will try to make sport of it.
“One of the things that drives me is the excitement
that I could fail,” he says. “What better buzz can
you get?”
|