eGaming Review December 2013 | Page 40

COMING TO AMERICA "I THINK THE REGULATORY AGENCIES, AT LEAST IN NEVADA, UNDERSTAND EUROPE AND UNDERSTAND THAT COUNTRIES LIKE BELGIUM HAVE FLAUNTED EU LAW. SO THEY DON’T HOLD IT AGAINST OPERATORS LIKE BWIN.PARTY" - FRANK SCHRECK, GAMING LAWYER licence. More recently, Caesars Interactive CEO Mitch Garber’s career history at PartyGaming and Optimal Payments was put under scrutiny by the Massachusetts gambling regulator. And these examples are just a drop in the ocean compared to all the suitability questions being posed by regulators and internally at operators. After all, no one can risk being turned down in public and selecting a ‘clean’ partner is right at the top of operator’s wishlist. To add to the confusion, states have generally taken a different stance on the matter of who should be eligible for a licence. Nevada’s so-called ‘bad actor’ clause initially prohibited post-2006 operators for five years. New Jersey initially included a provision addressing those who “knowingly and wilfully offered, accepted, or made available bets, wagers, or stakes” bets post-2006. This was seen as a means of blocking the likes of PokerStars and Full Tilt, a move almost all other operators would have been keen on, but it was cut from the bill in December last year. Another example came in the form of Illinois’ failed egaming bill which, having initially gone to the extreme of blocking operators that had accepted bets in the past 10 years, was altered in March to only include operators actually convicted of doing so. And so it goes on. The main problem for those hoping to enter the market is the uncertainty the lack of uniformity creates. If Garber’s past can be questioned as such, what precedent does that set for other US jurisdictions? Nevada, recognised to be as tough on suitability as they come, saw no issue with Garber and neither did New Jersey. And as states look to compact in the future, how does this disparity in suitability in standards help or hinder that? It’s a situation which breeds uncertainty and has kept many operators and suppliers on high alert over how their activities in certain grey markets will be viewed by American regulators. Nevada-based gaming lawyer Frank Schreck is slightly more optimistic. Discussing the incident in February in which bwin.party CEO Norbert Teufelberger was detained by Belgian police over his company’s continued, unlicensed presence in the country, he told eGR sister publication eGR North 38 America: “I think the regulatory agencies, at least in Nevada, understand Europe and understand that countries like Belgium have flaunted EU law. So they don’t hold it against operators like bwin.party as they understand that EU law prevails and some countries aren’t following it.” Nevada’s Gaming Control Board chairman A.G. Burnett believes regulators are putting strict licensing rules in place for good reason. “Suitability lies with what our investigators find and how the company responds to that,” he says. “We define suitability in the same general context as in the land-based space. The applicant, be it an entity or an individual, must have those characteristics we deem worthy of whatever approval they are seeking. Some of these characteristics include honesty and integrity, for example. In my personal opinion, I feel the laws [blocking post-UIGEA operators] also covertly show deference to the federal government, and a respect for its earlier attempt to do the same thing.” For most European operators this won’t be an issue; however, given the lengthy, intrusive and STATE MISSISSIPPI STATUS: POPULATION (M) GDP PER CAPITA (000s) 3M $54 MARKET SIZE ($) 800 700 600 500 400 300 200 100 0 SOURCE: EILERS RESEARCH, LLC $90 www.egrmagazine.com