Legality of Sweepstakes Casinos in Doubt

Submitted by Guest on

Written by :

Guest

Published on :

Forbes.com just published an amazing - and lengthy piece - pertaining to the world of sweepstakes casinos and the legal gray area they work in across the U.S.


Claim Your $40 No Deposit Bonus + 250% Match Bonus

Some of the key takeaways:

While these platforms claim to offer "sweepstakes" like those occasionally offered by Publisher's Clearinghouse and McDonald's, they bear no similarity to these promotions.   Rather than a limited-time offer intended to promote a separate, standalone product, these platforms continuously offer real money casino-style games of chance.  The only product offered is casino games - there is no separate line of business being promoted.  The purported "sweepstakes" aspect is no more than a sleight of hand - customers purportedly pay for one type of token to participate in the games and are issued a 'free' allotment of "Sweep Coins", which allow you to participate in the same games for the opportunity to win a prize."

Florida gaming attorney Daniel Wallach is the author of the Forbes article.  He points out that the number of Sweeps Coins a purchaser receives is generally equivalent on a 1:1 basis to the number of dollars they spend to obtain them.

Sweepstakes casinos have mostly operated unimpeded in the US but that could soon be changing, at least in some states. There are vast civil enforcement powers of a state attorneys general with remedies that include injunctive relief, restitution, disgorgement of profits. sequestration of assets, dissolution of the business, and civil penalties.

"Without question, an injunction requiring the operator to shut down the illegal gambling website (or to no longer do business within the state), combined with the forced payment of tens (or even hundreds) of millions of dollars to injured consumers and state treasuries in the form of restitution, disgorgement, and civil penalties - along with the prospect of joint and several liability for payment processors and individual liability for those involved in running the business - can serve as a powerful deterrent to other companies likewise skirting state anti-gambling laws."

Wallach adds that "It can accomplish in just one case what dozens of cease-and-desist order cannot possibly achieve in what is fast becoming an endless game of 'whack-a-mole'."

And it's not just the sweepstakes casinos that should be worried.

Wallach notes that California, Florida and New York have constitutionally-enshrined prohibitions limiting casino gambling and are among the strictest and have some of the most prohibitive anti-gambling statutes in the entire country, with expansive "aiding and abetting" provisions that can reach financial intermediaries such as banks and payment processors.

"California and Florida, in particular, have a strong financial incentive to pursue litigation against sweepstakes casinos.  Both states risk losing billions of dollars in revenue-sharing payments under state-tribal compacts which guarantee Native American tribes either total or substantial exclusivity over casino-style gaming."

bedelmer.png

Related Content

Two Weekend Slot Jackpot Winners Combine for $402,023 in Total Winnings at Hard Rock Casino Atlantic City

Two Weekend Slot Jackpot Winners Combine for $402,023 in Total Winnings at Hard Rock Casino Atlantic City

The two winning slot machines display jackpots of $223,361 and 178,662 at Hard Rock Hotel & Casino Atlantic City.
Couple Charged With Leaving Three Young Children in Hot Jeep as They Gambled Inside Hollywood Florida Casino

Couple Charged With Leaving Three Young Children in Hot Jeep as They Gambled Inside Hollywood Florida Casino

The children’s mother, Lillian Mun, and her fiancé, Terrence Wright, were charged with child neglect and leaving children unattended in the hot Jeep without access to food or water.
San Bernardino Area Casino Retains  AAA Five-Diamond Designation for Third Straight Year

San Bernardino Area Casino Retains AAA Five-Diamond Designation for Third Straight Year

The only AAA Five-Diamond casino resort has retained its designation for third straight year. That casino is located in San Manuel, California, just outside of San Bernardino.
St. Joseph Missouri Frontier Casino Entertainment & Gaming Prizes This November

St. Joseph Missouri Frontier Casino Entertainment & Gaming Prizes This November

Visitors Can Look Forward to Veteran’s Day Deals, Weekends of Live Music, New Ways to Win & More