Legal Issues

After threatening to criminalize virtually the entire online gambling industry two years ago, the U.S. Department of Justice told the First Circuit that it didn’t really mean it and that the judges shouldn’t get involved in the issue

But the New Hampshire Lottery Commission told the judges that a 2018 opinion by the Department’s Office of Legal Counsel clearly threatened to put state officials in jail for selling online lottery tickets. Although the government has said it won’t enforce the law in that way, it also said that it could change its mind with 90 days’ notice. “State lotteries bring in hundreds of millions of dollars that are incorporated into budget planning,” observed U.S. Circuit Judge William Kayatta, one of three judges presiding over the appeal. “Any state could wake up tomorrow morning and discover that if it doesn’t substantially change its practices in 90 days, its officials could go to jail.” Sandberg admitted that was true.

Read moreAfter threatening to criminalize virtually the entire online gambling industry two years ago, the...