US Department of Justice standing by interpretation of the Wire Act

[The Buzz]

The U.S. Department of Justice has added another extension to its enforcement of the new Wire Act opinion to 30 June 2020. The move comes while the DOJ continues its appeal against the New Hampshire Lottery Commission, which won its case back in June.

From Online Poker Report:

Unsatisfied with the loss it took in District Court — and apparently determined to press forward with its new interpretation of the Wire Act — the government appealed.

The appellants advance three main arguments as to why the previous decision should be reversed:

1. The threat of prosecution to the plaintiffs is not imminent and credible.
2. The District Court was wrong in holding that the Wire Act only applies to sports betting.
3. The District Court was wrong to “set aside” the 2018 OLC memo.

The government continues to advance the arguments it made in District Court. It is not unusual for a party to narrow their arguments on appeal, but that does not appear to be the case here.

Next we will expect a brief from the plaintiffs — the NHLC and lottery providers represented by Ted Olson. This brief is due 30 days from Dec. 20, 2019. After that, the appellants will again have the opportunity to respond.

This is only the beginning of a case that is likely to take us through the first part of 2020, with a potential that we see a petition to the Supreme Court regardless of what the First Circuit says.

Through its brief, the Department of Justice suggests that it will not back down from this fight over the scope of the Wire Act.

Read more here: https://www.onlinepokerreport.com/39...re-act-appeal/

[fullbenefit]

So what could this lead to?

[ocreditor]

So what could this lead to?

More procrastination, more ping-pong and more appeals...

[PROFRBcom]

The DOJ has flip flopped its interpretation of the Wire Act more times than I can count in the last 2 decades.
It seems like every new administration changes the interpretation. And even within a single administration, the DOJ interpretation can change.

It is a giant cluster **** and no one really knows what will happen moving forward. However, my guess is crippling regulation and bureaucracy that only allows for deep pocketed players as both providers and affiliates.