Catherine Hanaway: Gambling911.com Person of the Year

Who can argue that nobody has had more of an impact on Internet gambling this past year than U.S. Attorney for the Eastern District of Missouri, Catherine Hanaway.  US-facing online gambling establishments, European gaming firms, banks and even Google have come under the ire of Ms. Hanaway in 2007.

The industry has never dealt with a bigger threat than Hanaway.  Politicians have been working to quash online gambling since 1997, finally succeeding to some degree in 2006 with the passage of the Unlawful Internet Gambling Enforcement Act (UIGEA).  But even before its passage, the one time Missouri House of Representatives hopeful, Hannaway, had begun her pursuit of undermining the Internet gambling landscape by prosecuting the industry's number two US-facing firm, BetonSports (by most accounts, an in debt company run by shady British suits).  That was in July 0f 2006 and these actions served as a precursor for even bigger things to come.

U.S. Attorney Catherine Hanaway told The Associated Press that BetOnSports must return any money that American customers have tied up with the site, something the company is yet to abide by. 

A restraining order also prevented BetOnSports from taking U.S.-based bets, putting the company out of business for good.

Hanaway has seemingly been waging a one woman war.....and winning. 

Paralyzes Online Gambling Industry at Start of 2007

Hanaway's actions most certainly put into motion the downward spiral of online gambling third party payment processing firms.  An investigation into the largest, Neteller, began around the same time the BetonSports indictments were announced.  Announcement of charges brought against two of Neteller's co-founders - the story of which was first broken by Gambling911.com - sent shockwaves throughout the industry.  While a number of large publicly traded European i-gaming firms pulled out of the US market immediately following the passage of the UIGEA last October, it wasn't until Neteller and other money processing companies were forced to retreat that the online gambling industry became stifled, for a better part of six months, and still hasn't fully recovered. 

Hanaway's relentless pursuit led to fines brought against the likes of search giants Google, Microsoft and Yahoo! for featuring online gambling ads on their respective websites.  She's spoke out against the legalization of Internet gambling at Congressional hearings and managed to reel in BetonSports founder Gary Kaplan last spring, nearly nine months after charges were filed against him. 

In all, Hanaway has demonstrated she won't be pushed around by the World Trade Organization (which claims her actions are against a ruling made in favor of the tiny island nation, Antigua, related to Internet gambling), she won't have international businesspeople bragging about how they can skirt around US law (British national David Carruthers is currently under house arrest in Missouri as part of the case against BetonSports) and she's not afraid to take on the biggest corporations in the world (Google, Microsoft, Yahoo!).

Who Is Catharine Hanaway Anyway?

The online gambling industry as a whole despises her, and this is probably not news to Ms. Hanaway.

Howard Beale of FiredUpMissouri.com echoed their sentiment recently:

Has she been carefully using her law enforcement office to do favors for and ingratiate herself to key Republican power players in return for soft commitments of support in her expected bid for Attorney General?

Hanaway should most certainly step down from her post as U.S. Attorney. But truthfully, that's not enough to make things right, since she'll probably be shortly resigning to pursue statewide office even without my suggestion. Hanaway should not­ be permitted by the media to leave her official post and return to partisan politics without first having to prove that she actually ever left partisan politics. The above questions would be a good place for her to start.

But in reality, Hanaway may very well be doing her job and - when it comes to online gambling - it's a job she believes in, one she's been effective at...bringing the industry to its knees.

Hanaway started her crusade in the 4th grade, taking on the Catholic Church. 

Hanaway and a friend wrote a letter to their priest asking if the church's policy could be changed. He took them out of class and explained they were out of luck. "We got nowhere fast," she said with a laugh. "He seemed rather upset that we took such a direct approach."

Hanaway works with a sense of urgency. Every moment is precious. While other lawmakers are out hobnobbing with lobbyists, she can be found at her Jefferson City apartment caring for her daughter, Lucy.

Other nights, she allows herself a vice. Hanaway sometimes works alone in a darkened room with her laptop and a cigar.

In 2001, while assisting with President George W. Bush's campaign in Missouri, union leaders dropped off three rats at Bush's Maryland Heights office to mock a controversial Republican TV commercial. Hanaway put the rodents in a laundry basket and hung a sign that read, "Al the bureaucRAT."

Hanaway attended the University of Missouri at Columbia to study broadcast journalism. She got involved in student government, backing David Ayres in his bid for a campus post. Ayres later became Sen. John Ashcroft's chief of staff. After three years at Mizzou, Hanaway left for Creighton University in Omaha, Neb., where her mother was the director of student health and tuition was free.

At Creighton, she became the second woman to lead the student government.

After graduating in 1987, Hanaway went straight to law school at The Catholic University of America in Washington, pursuing an interest in securities law.

The law firm Peper Martin recruited her to come to the St. Louis area.

A Method to Her Madness

Hanaway does not like online gambling (also known as offshore gambling).  Her concerns, as mentioned in Hanaway's Congressional testimony, stem from fears of minors gambling online and of compulsive gamblers.  Legitimate industry operators insist that they take extra precautions in preventing minors from accessing the "real money" platforms of their respective websites, and most do.  Make no mistake about it.  But a 60 Minutes report that aired last year showed that for every four responsible online gambling companies, there is one that does not exercise proper controls.  Hanaway, unlike some of her colleagues, has already proven herself one to campaign aggressively for children's rights: After all, she was credited with reforming Missouri's adoption laws to protect abused children. 

As for concerns over compulsive gamblers, setting up a business as "post up" (requiring money on hand in which to gamble with) is indeed an important step towards running a responsible gambling establishment.  The online gambling industry as a whole prides itself on being a "post up" business.  But time and time again we read that dozens of offshore gambling firms allow for credit betting, and herein lies the potential for problems. 

Many would argue that Hanaway's actions have driven these legitimate businesses underground (or in the case of Euro i-Gaming firms, back to Europe).  But her policy has been mirrored at the local levels where even the so-called "underground" offshore gambling groups have not been immune.  Local law enforcement has been taking down one operation after another and -unlike in past years - there is no longer just a slap on the wrist. 

"They (District Attorney's office in Queens) has ruined my life," said one low-level defendant caught up in a bookmaking sting earlier this year that extended offshore to the island of St. Marten.  "I'm looking at four years behind bars or they're going to ensure I go broke."

A gambling offense - however minor - is likely to seriously disrupt a person's life during this post-9/11 era, and Hanaway's efforts serve as the milestone for local law enforcement.

When Catharine Hanaway brings up "money laundering" and "fraud" during her testimony, her words are backed by actual evidence.  Nearly every high profile "localized" gambling bust now traces to an offshore wire room in Costa Rica. This is money moving offshore that is not being traced.

Hanaway set her sights on companies that bragged about taking millions of dollars from US citizens without having to pay taxes: These would be the publicly traded European i-gaming firms, which made the US Attorney's job that much easier by publishing how much money they squeezed out of the US economy year after year.  A billion dollar industry that is more than 80 percent reliant on the US economy is not likely to go unnoticed by the US government, especially when virtually zero of that money is being taxed. 

One online gambling operator out of Costa Rica, who wished to remain anonymous, told Gambling911.com last year that representatives from the US Treasury informed him it would go a long way towards legitimacy for his business to provide customers with W-2 forms where they can claim their own taxes. 

A careful analysis of what got BetonSports into hot water demonstrates just how ill-conceived their company policy had become in the face of many years where the US government took a "sit back and watch" position in regard to online gambling.

The evidence against BetonSports includes radio advertisements in which the company describes itself as "legal and licensed" (which they were in Costa Rica, but not Missouri), marketing material sent to an address in the suburbs of St Louis (mail fraud) and - the ultimate in audacity - an undercover sting on a van used by the company to solicit bets outside big sports stadiums.  The company's then CEO, David Carruthers, regularly appeared on national news shows touting how BetonSports was essentially "above US law" and could do what it wants under the company's own defined guidelines.  Wrong!  He was detained in July 2006 attempting to board a plane in Fort Worth, Texas.

Ms Hanaway has been reported by local media as comparing BetonSports' book-running to the illegal smuggling of pornography or drugs into America. She insists she was referring to the views of others and is being purely pragmatic. "In no way are we making any judgment about whether this should be illegal. It is illegal. This company avoids paying a significant amount of wage tax and excise tax that would be due if it were legally operating."

She adds: "Imagine if something were legal in the US but the UK has decided to make it illegal - and we were importing it into your country via the internet, getting around legal practices, and representing it to your people as legitimate. BetonSports did that."

PartyGaming, once the world's largest online gambling firm, and 888.com, its spam-happy cousin, have teamed up (albeit separately) in an effort to work with the US Government (and presumably Ms. Hanaway's office) in order that they may be assessed the proper fine.  In doing so, they are practically screaming "Guilty".  It's like Johnny Come Lately saying "I've been a bad boy the last five years.  Punish me....and screw everyone else!"  (in this case, their shareholders and the industry as a whole).   If these two firms really believed they were running "clean" operations, they would have done what iMEGA.org has done...challenge the UIGEA in a court of law.  Fortunately for PartyGaming and 888.com, Hanaway is also a crusader for animal's rights, hence, the lambs probably will be spared the slaughter.  They'll be sheared nonetheless. 

Likewise, Hanaway remains one of the biggest roadblocks in preventing these European firms from entering or re-entering the US market.  Party's move has caused banks to thumb their noses at them.  Acquisitions are hard to come by as a result. 

Catharine Hanaway has single-handedly instilled a fear in the online gambling community like no one else has in the past.  To say she has influenced the current course of the industry would be a huge understatement.  It is with this reason that Catherine Hanaway has been chosen Gambling911.com's first ever "Person of the Year".

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Christopher Costigan, Gambling911.com Publisher CCostigan@CostiganMedia.com

Originally published December 21, 2007 12:53 am EST