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Offshore Gambling Sites Side-Step Legal Challenges Between States and Native American Tribes

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Gila River Casino

According to a recent op-ed released by the Off Shore Gaming Association, Native American gambling operators are unfairly handcuffed by various anti-gambling laws, including the Federal Wire Act.

The Wire Act came into existence in 1961 and was originally intended to prevent mafia and other organized crime organizations from using wire communications (telephone, telegraph, etc) to take bets on sporting events. At the time illegal sports betting operations were a common form of corruption and money laundering.

But since then, the gambling and sports betting industry has largely legitimized itself both domestically and offshore. U.S. Politicians however used the Wire Act to target legal offshore gambling companies like NETeller and BetonSports.

The law specifically targets the “wire communications” and several lawsuits have equivocated on whether that definition applies to internet and other forms of wireless communication, as well as whether that definition includes casino games and poker in conjunction with sports.

The Department of Justice ruled in 2011 that the Wire Act does apply to internet as a form of wire communications, but that this law applies solely to sports betting. The Wire Act and the UIGEA have had negative impacts on Native American Tribes attempting to offer legal online sports betting or online gambling.

The main restrictions lie in the fact that many states have used these laws to make Native American online gambling operations available only on tribal land. But other states, like Michigan, agreed to allow Tribes to offer sports betting and online gambling off their reserves as long as they abide by commercial regulations, meaning they will be subject to taxation that Native casinos usually are protected from paying.

In other states, like New York, Iowa, and Tennessee, state legislators appear to expect tribal casinos to stick the original agreements of their compacts. States like Florida and California, both with large Native American business presences, will undergo similar legal challenges in reference to online gambling and sports betting.

Some industry analysts hinted that the Wire Act will come under scrutiny in the first term of the Biden administration, and will seek to either amend or repeal the act entirely to settle legal battles between states and Tribal gambling operators.

The offshore gambling industry has passed by unscathed in these domestic issues since they operate outside of US jurisdiction and are not subject to the same restrictions. Offshore gambling sites offering casino games and online sports betting provide a great alternative to domestic operators that are caught up in old and unnecessary laws.

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Australia’s Star Entertainment Accepts Bally’s Rescue Bid of $180 Million

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the Star casino

star iconStar Entertainment, Australia’s second-largest casino operator, has accepted a rescue package from US-based Bally’s. The package will transfer control of the group and allow the company to stay afloat.

Star Entertainment has been fighting bankruptcy for years following money laundering allegations, leading to several lawsuits and regulatory scrutiny. The company has been on the brink of collapse for years and is still suspended from trading on the Australian Securities Exchange.

Star Entertainment Group operates three hotel and casino complexes in Australia: The Star Sydney, The Star Gold Coast, and Treasury Casino and Hotel in Brisbane.

Star chief executive Steve McCann has been looking for a long-term solution since he took the job last July. McCann secured an additional loan of $100 million from existing lenders but failed to meet the contingent terms of the loan.

Bally’s currently owns 19 casinos in the United States and other entertainment assets. Soo Kim, Bally’s chairman, agreed to the rescue package in exchange for at least a 50.1% stake in Star. “We are usually the buyer of last resort,” Kim told The Australian Financial Review in March.

Are Offshore Casinos Available Online?

Yes, in the United States, almost all online casinos are offshore because only a handful of states have passed online gambling legislation. Since no federal or state laws prevent Americans from accessing online casino sites, US players can freely wager online with the site of their choice.

However, offshore casinos that operate online are not all the same. Most sites have various banking options US players can access, bonus options, and bet limits. For most players, Bitcoin is the best banking option, allowing for fast transactions that often avoid processing fees.

What Casino Games Can I Play Online?

Online casinos offer the same games you would expect in Vegas, including blackjack, roulette, video poker, and specialty games. Some sites even have live table games where you can choose your seat and bet against a dealer via a video/audio feed.

Online casinos also take it further with tournaments and game-specific competitions. You can also find slot bonuses, hot drop jackpots, progressives, and more. With game libraries that host hundreds of slot titles, seeing the game that suits you is just a few clicks away.

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Lawsuit Challenges Federal Approval Of Casino In Vallejo

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Artist rendering of Vallejo Casinos

Ye Mah BaxThe Scotts Valley Band of Pomo Indians is moving forward with plans for a $700 million casino resort in Vallejo, California, following the US Department of the Interior’s approval to place 160 acres of land into federal trust for the tribe.

The proposed development plans include an eight-story, 400,000-square-foot casino, 24 tribal homes, an administration building, and a biological preserve.

However, this project is now facing numerous legal challenges. Two lawsuits have been filed against the US Department of the Interior, claiming that the Scotts Valley Band intends to develop a revenue-generating site far from its tribal homeland and that the federal agency failed to adhere to established environmental laws in approving the project.

Opponents have also expressed concerns about “reservation shopping,” accusing the Scotts Valley Band of attempting to establish a casino near its ancestral lands to maximize potential revenue.

This scenario is reminiscent of other tribal casino projects in Northern California, such as the Koi Nation’s proposed casino near Windsor, which has encountered similar legal and political challenges.

The outcomes of these legal proceedings will significantly impact the future of the Scotts Valley Band’s casino project in Vallejo. They may also set precedents for other tribal gaming initiatives in the region.

In the final days of his presidency, the Biden administration approved off-reservation land for both the Scotts Valley Band of Pomo Indians and the Koi Nation, along with several other tribal requests around the country.

California Casino Laws

The state of California only permits casinos on federal land. Since the state does not allow commercial casinos, all gaming in California is located on land placed into trust by the federal government. Currently, more than 80 tribal casinos in California are owned by 73 of the state’s 109 recognized Indian tribes.

While there are no licensed online casinos, California is one of the many states that allow offshore betting. Since no federal or state laws outlaw online gambling in the state, CA residents and visitors can wager online with offshore casinos, sportsbooks, and poker sites.

Offshore Casino Options

California players over 18 can enjoy online real-money casino games, sports betting, and poker tables from out-of-state sites. Popular casino games include digital slots, video poker, blackjack, roulette, specialty games, and live dealer games.

In addition to endless gaming entertainment, CA players can also take advantage of generous welcome bonuses, online reward programs, digital currency acceptance, and 24/7 access via mobile casino apps.

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Big Tech Faces Legal Battle Over Social Casino Apps

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Phone apps

apple logoThis week, a legal battle over casino apps involving Apple, Google, and Meta is intensifying in a San Jose courtroom.

The three tech giants are asking a federal judge to throw out a case in which they are all accused of profiting from casino apps available on their platforms. Apple, Google, and Meta are all trying to use Section 230 of the Communications Act, which prevents them from being liable for third-party content available through their services.

Plaintiffs in the case are alleging that the companies listed in the lawsuit are providing sensitive user data to these online casinos and targeting vulnerable users and problematic gamblers. The case is centered around commission rates stemming from user downloads.

Apple’s representative Colin McGrath of DLA Piper said, “It’s not profit-sharing. It’s simply facilitating a transaction.” McGrath noted that the companies providing the platform for the apps are not profiting from the gambling revenue.

Lawyers for the plaintiffs argue that nine of the top twelve app downloads for 2021 were social casinos, where Apple, Google, and Meta are the financiabeneficiariesry. Judge Edward Davila has not given her ruling concerning the motion to dismiss the case, but if it does go to trial, it could change the way social casinos operate on popular application platforms.

Do Social Casinos Offer Real-Money Payouts?

According to multiple internet sources, social casinos often allow players to redeem coins for real money or crypto payouts. They must also give free “entries” to be considered sweepstakes casinos.

Unlike the most trusted offshore gambling sites recommended by our industry professionals, social casinos typically wager with digital coins purchased by the user. It is important to note that many social casinos do not offer real money payouts but instead allow users to redeem their coins for non-monetary prizes.

Are The Best Online Casinos Found In the App Store?

Absolutely not. Most “social” casinos in the app store are for entertainment and are not viable real-money casinos. While some App Store casinos might offer ways to cash in chips, either by selling to other users or by offering crypto payout options, in most cases, these sites offer little to no consumer protections.

Offshore casino sites that a trusted gaming regulator licenses must abide by strict regulations that ensure the games offer fair odds and that security measures are working correctly.

If you choose to participate in social or sweepstake casinos, know that the likelihood of getting your money off the app is slim to none, as no governing body typically regulates sweepstake casinos.

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