Clicky

US Department of Justice Files Notice of Appeal for Wire Act - PennsylvaniaCasinos.com News : PennsylvaniaCasinos.com News
wire-act
Published on
Update on

On Friday, August 16, the United States Department of Justice (DOJ) officially filed a Notice of Appeal in the civil case that it recently lost to the New Hampshire Lottery Commission (NHLC) over the reinterpretation of the 1961 Wire act opinion. The Notice of Appeal was filed by the DOJ, led by Attorney General William Barr to Judge Paul J. Barbadoro who issued the previous ruling on the issue.

Judge Barbadoro said that he expected the case to eventually get to the US Supreme court and, true to that statement, the Department of Justice has intentions of filing the appeal with the US First Circuit Court of Appeals. However, nothing will happen for the next couple of months since the First Circuit Court of Appeals will not be in session until October.

Clearly, the Department of Justice is not willing to reverse its belief that the 1961 Wire Act still applied to all forms of interstate online gambling including those that involve temporary rerouting of data across state borders. The filing of the Notice of Appeal was not totally unexpected especially considering the fact that the government will not have to incur any costs – the taxpayers are the ones who will ultimately foot the bill.

Expected but Certainly Unwarranted

To begin with, the chances of the department’s appeal succeeding on its merits seem to be quite slim and this alone makes the motivations behind the move very questionable. In fact, it further reaffirms speculations that the appeal is a politically-motivated move that is being pushed by anti-online gambling casino mogul Sheldon Adelson.

According to iDEA Growth, a trade group representing all sectors of the mobile gaming industry, the Department of Justice should withdraw the appeal since it is a political move and it is totally unwarranted.

“The Department’s action, while hardly unexpected, is certainly unwarranted. DOJ generally files appeals of adverse district court decisions as a matter of course. We hope that, rather than engaging in a protracted, expensive and ultimately unsuccessful legal fight, the Department will take this opportunity to negotiate a settlement which will focus the Wire Act and DOJ’s enforcement resources on the right targets – the unlicensed illegal offshore Internet gambling operators who do not create jobs or tax revenue in the U.S. and do not appropriately protect consumers,” said Jeff Ifrah, the founder of iDEA Growth.

While there is a lot of optimism that the appeal won’t make any reasonable strides even at the First Circuit Court of Appeals. However, it goes without saying that the move has cast a shadow over the growth of online gambling in the country.

Latest Headlines

Barstool Sportsbook Coming to Pennsylvania Soon

Penn National Gaming, one of the most popular casino and entertainment operators in Pennsylvania is preparing to bring the first East Coast Barstool Sportsbook and bar. The operator plans to have this at its Hollywood Casino York, a mini-casino development that it will be launching later this year. Needless to say, this will be a […]

Pennsylvania Lottery Wins Commercial Gambling Lawsuit

While Pennsylvania is certainly one of the most vibrant gambling markets in the United States, there has not been a shortage of issues plaguing various aspects of these operations. Most of them have been relatively easy to handle but some have dragged out for quite some time. One of the most notable ones is a […]

Pennsylvania Casinos to Return to Full Capacity on Memorial Day

The past year or so has been incredibly tough for the retail gambling sector in Pennsylvania and the United States as a whole. However, after several months of speculation about when things could get back to normal, the country is finally ready to take things to the next step. One by one states have been […]

Penn National Fast Tracks Plans for Hollywood Casino York’s Launch

Penn National Gaming’s Hollywood Casino York has been one of the most anticipated developments in the Keystone State. Initially set to open its doors sometime in 2020, the operation was suffered a major setback just like many other businesses across the state due to the coronavirus pandemic. Thankfully, as things begin to change for the […]

More Signs of Recovery as Pennsylvania Gambling Revenue Surges in March

February 2021 was a pretty solid month for the Keystone State’s gambling sector. Despite all of the difficulties most of which arose from the COVID-19 pandemic, many of the gambling entities performed quite well. This was one of the signs that the state was beginning to see some resurgence not just in the gambling sector […]

Similar Stories in Gambling

Pennsylvania Lottery Wins Commercial Gambling Lawsuit

While Pennsylvania is certainly one of the most vibrant gambling markets in the United States, there has not been a shortage of issues plaguing various aspects of these operations. Most of them have been relatively easy to handle but some have dragged out for quite some time. One of the most notable ones is a […]

Pennsylvanian Court Ends Halt to Seizure of ‘Skill Games’ by State Police

Last Tuesday, Commonwealth Court Judge Ellen Ceisler delivered a ruling on a request that was filed by Pace-O-Matic. The company, which is known for designing and assembling gaming machines under the Pennsylvania Skill brand, sought to have an injunction against the seizure of their machines extended. There has been a tug of war between Pace-O-Matic […]

Pennsylvania ‘Skill Games’ Still on the Spotlight

Earlier this month, “game of skill machines” which are classified under the “Pennsylvania Skill” brand were subject to lots of drama. These gaming machines which are very similar to slot machines have been on the receiving end of a number of rather controversial decisions with a number of police raids being organized and court orders […]

Pa. Casinos Lose Lawsuit Against Online Lottery Games

A while back, a coalition of seven casinos in Pennsylvania filed a lawsuit seeking an injunction to stop the Pennsylvania Lottery from offerings online casino-style games. Last Friday, the casinos were dealt a huge blow when a Commonwealth Court chose to side with the lottery. The Pennsylvania Lottery officially launched its online lottery product in […]