DoJ failed to deliver information about lobby related to its Wire Act reinterpretation

New Jersey sues US for documents on online gambling crackdown linked to Las Vegas Sands

"The residents of New Jersey deserve to know why the Justice Department is threatening to come after an industry we legalized years ago,” New Jersey Attorney General Gurbir Grewal said in a statement on Tuesday.
2019-05-08
Reading time 2:35 min
NJ requested records of interactions between DoJ officials and Sen. Blanche Lincoln, who founded a company that received USD 30,000 on lobbying from Sheldon Adelson's firm. In January, the DoJ expanded a federal prohibition on Internet gambling which takes effect June 14. NJ Attorney General stated that he seeks to know "whether this federal crackdown is the result of a lobbying campaign by a single individual seeking to protect his personal business interests."

New Jersey sued the U.S. Department of Justice, claiming it failed to respond to the state’s demand for documents linking recent severe measure on legal online gambling to lobbying efforts by casino magnate and Republican donor Sheldon Adelson.

The Justice Department is violating the Freedom of Information Act by not responding to a February request for information about the new enforcement policy’s reported link to Adelson, whose land-based casino businesses are threatened by online gambling, New Jersey Attorney General Gurbir Grewal said in a federal complaint filed Tuesday in Trenton.

“The residents of New Jersey deserve to know why the Justice Department is threatening to come after an industry we legalized years ago,” Grewal said in a statement. “It’s especially important that we figure out whether this federal crackdown is the result of a lobbying campaign by a single individual seeking to protect his personal business interests.” Online gaming in New Jersey generates USD 353 million in annual revenue and USD 60 million in direct gaming taxes, the attorney general reported.

Adelson has been an opponent of online wagers, claiming it will lead to more betting addiction,  and he has lobbied against it in statehouses and nationally, although a person familiar with the billionaire’s efforts said he has never personally asked Donald Trump to change the policy, Bloomberg reported. A spokesman for Adelson’s Las Vegas Sands Corp. declined to comment on the lawsuit to that portal.

The Justice Department in January expanded a federal prohibition on Internet gambling, saying the U.S. Wire Act bars all Internet gambling that involves interstate transactions. The decision, which takes effect June 14, reversed the agency’s position from 2011 that only sports betting was prohibited under the law passed 50 years earlier.

The reversal was prompted by the department’s criminal division, which prosecutes illegal gambling. The opinion issued about seven years ago that the 1961 Wire Act only banned sports gambling was a misinterpretation of the statute, according to a 23-page opinion by the department’s Office of Legal Counsel dated November 2.

Las Vegas Sands spent USD 280,000 lobbying the federal government in the first quarter of the year, disclosures filed with the Senate show. It paid USD 30,000 to Lincoln Policy Group, founded by Blanche Lincoln, a two-term Democratic Senator from Arkansas. The firm disclosed that Lincoln and three of her colleagues lobbied Congress on issues related to online gambling, but did not disclose any contacts with the Justice Department.

Among the records New Jersey requested were those of interactions between Justice Department officials and Lincoln and her firm. The attorney general also requested information on Darryl Nirenberg of Steptoe & Johnson LLP, who lobbied Congress, but not Justice, on online gaming, disclosures show. Las Vegas Sands paid the firm USD 80,000.

The case is State of New Jersey v. U.S. Department of Justice, 3:19-cv-12218, U.S. District Court for the District of New Jersey (Trenton).

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