Ethical questions at IPI lead lawyer to exit as chair held in contempt

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George Hasselback is done with Imperial Pacific International (IPI). The attorney has been representing the controversial and incompetent casino operator as it defended itself in a lawsuit filed by Fox Financial, as well as others, but has now washed his hands and stepped away. He had filed a request to withdraw from representing the company on February 12, and a judge granted his petition yesterday. Magistrate Judge Heather Kennedy agreed with Hasselback in his assertion that continued representation would put him in an ethical conundrum.

Judge Kennedy explained in her ruling, “The court finds that Hasselback’s statements that continued representation in this matter would cause him to violate several ethical obligations trigger mandatory withdrawal under Model Rule 1.16(a) and is sufficient for granting his motion.” She added, “Hasselback need not be required to provide details, beyond his written motion, to establish that mandatory withdrawal is warranted,” and stated that requiring him “to specify the basis for his mandatory withdrawal could create the untenable situation of an attorney having to choose between his obligation of candor to the court and his obligation to maintain his client’s confidences.”

Unfortunately, because of that attorney-client privilege, it is difficult to know what types of ethical dilemmas Hasselback is facing. However, it’s likely just the mere hint at issues will be enough for IPI to find itself, once again, being more closely scrutinized. Where that leads is anyone’s guess, given gaming regulators’ reluctance to hold the company accountable for its actions.

IPI now has until this Friday to find a new lawyer to carry the six-case workload Hasselback had, but will most likely use this as an excuse to delay the ongoing legal battles. It won’t get very far with that, though, and perhaps Judge Kennedy expected IPI to try something. She added in her ruling that the attorney’s exit “may cause some delay, [but] that delay is not so much so that it would cause significant prejudice or adversely and materially affect the plaintiff.”

This particular lawsuit involving Fox Financial, one of a growing list IPI is battling, centers on an arrangement the company made with a third party, Forson Holdings. That entity had leased property from Fox in 2016, but fell behind. IPI had signed as a guarantor of that lease agreement and, as such, was responsible for covering Forson in the event payments weren’t made. However, it decided it didn’t need to follow the terms of the contract.

It seems like not a day goes by without IPI coming under fire for something else. The company’s chairwoman, Cui Li Jie, has already found herself in trouble and was previously held in contempt of court, but now has another black mark beside her name. She has been found in contempt again, this time for allegedly perjuring herself in court. A lawyer representing employees suing IPI and Cui produced evidence proving she had lied under oath, and Chief Judge Ramona V. Manglona has now agreed. She issued her ruling this morning, with Cui only able to respond, through an interpreter, “I don’t know anything, I don’t understand English.”

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Gaming Industry News Weekly Recap – Week of February 15

The Americas

Restrictions on Nevada casinos are loosening as the state looks to continue the economic recovery. Governor Steve Sisolak has announced that casinos can expand their capacity from the previous 25% limit to 35%; California continues to crack down on illegal gambling. Authorities in the Golden State arrested 70 people in connection with an Anaheim slaphouse; Tribal casinos continue to lead the economic recovery in the U.S. casino industry, reporting increases in employment opportunities. Several operators have reported an increase in job opportunities in positive signs for the industry; Cashless gaming continues to be the new normal in the U.S. Boyd Gaming has announced that its BoydPay Digital Wallet is set to start a test run at the Aliante Casino + Hotel + Spa in North Las Vegas, Nevada; Apple is facing class action lawsuit over allegations the company encouraged social gambling. The suit in the U.S. District Court for the Northern District of Columbia alleges they should have to abide by the same laws as any online gambling operation, and pay for the damage they’ve done in states where gambling isn’t legal.

Cards and poker chips

Europe 

The U.K. National Lottery is up for grabs, with the U.K. Gambling Commission set to accept applications. Among the eight companies vying for the rights is Czechoslovakia-based Sazka Group; Bwin’s Russian-licensed online gambling site has closed its doors. Bet365 appears likely to step into the breach, with the operator officially registering a Russian domain earlier this week; The U.K.’s Betting and Gaming Council (BGC) continue to target betting sponsorship in the U.K. New guidelines are set to target football clubs in the English Premier League, restricting betting sponsorship; Swedish regulators continue to crack down on the gambling industry. Four of the gaming operators brands active in Sweden have been punished for violating the rules over the last 12 months.

Asia and Australia 

Imperial Pacific International (IPI) Chair Cui Li Jie legal problems have continued. The billionaire entrepreneur is fighting civil contempt charges for failing to comply with a court-ordered subpoena; Crown casino continues to experience a massive fallout in the wake of the New South Wales Independent Liquor and Gaming Authority (ILGA) deeming it unsuitable to hold a casino license. CEO Ken Barton has fallen on his sword and exited the company as a result; Kangwon Land is back in business as South Korea continues its recovery. The casino reopened this week as the country prepares to roll out its vaccination program; 500.com is ramping up its transition to a digital currency miner through the purchase of Jihan Wu’s crypto mining pool BTC.com. 500.com announced that it had reached a share exchange agreement that will see it assume control of the mining pool business of Bitdeer Technologies Holding Company; The Western Australian government has announced that it is now investigating Crown through a royal commission. The state government is investigating the casino’s links into money laundering following the damning evidence at the Bergin inquiry; Entain announced that it was interested in purchasing TAB’s racing and sports gaming unit. The $2.3 billion cash offer is well short of expectations and Entain will have to return to the table with an improved bid; Local media outlets in South Korea have reported that Caesars Entertainment have withdrawn from the resort project in Yeongjong-do.

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Blaine Graboyes denied license by Nevada regulator

GameCo’s CEO Blaine Graboyes got some bad news on Thursday. The skill-based video game gambling provider was denied a license by the Nevada Gaming Commission (NGC).

Denied

After four hours of testimony and deliberations, the NGC cast Graboyes down by a vote of 4-1. Graboyes is thus denied the opportunity to collaborate with gaming licensees.

A leading proponent of skill-based video game slot machines and video game gambling in the state will need to regroup after the Nevada Gaming Commission on Thursday denied him a gaming license.

The NGC’s reasoning for voting no appears to be grounded in Graboyes time with Beyond Gaming. He was once a consultant and then CEO of that company, but claims he was never paid. 

He was hired as a consultant to a small Toledo, Ohio, company, Beyond Gaming, in 2014, and top investors eventually named him the company’s CEO. He said Beyond, teetering on bankruptcy, never paid him.

But in a February 3 meeting of the Nevada Gaming Control Board (NGCB), Beyond Gaming Vice President Justin Yamek accused Graboyes of driving that company to bankruptcy and taking their software assets. Graboyes denied the allegations, and no lawsuits have been filed.

Regardless, the NGC didn’t like all the drama. They noted Graboyes had a conflict of interest due to his roles with both Beyond and GameCo. “There appears to have been self-dealing throughout your tenure with this company and that’s troubling to me,” Commissioner Rosa Solis-Rainey said during the commission’s deliberations.

Graboyes previously received a Nevada license in February 2019, but was restricted to two years due to questions about tax liabilities and lawsuits.

The NGCB was kinder to Graboyes. Their February 3 unanimous vote would allow him a one-year temporary license to clear up this Beyond Gaming drama.

In his testimony, Graboyes spoke to the big plans he has in store for GameCo. As he’s told us previously, he’s working on new ways to monetize esports and video games. He expanded on these plans in his testimony, speaking of his next project: an esportsbook in Colorado, allowing action on video game tournaments.

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Chile’s casinos to stay restricted a little longer

Chileans looking for some live casino gambling action to distract them from the COVID-19 saga are going to have to wait a little longer, and casino employees aren’t thrilled, either. The country’s Undersecretary of Tourism, José Luis Uriate, has announced that he won’t be able to comply with a letter sent by casino workers asking that the gambling properties be allowed to fully reopen. No timeframe was offered regarding how much longer casino employees and gamblers are going to have to sit around with nothing to do.

Chile city

Employees from Dreams Casino and Marina del Sol sent letters to the government, pleading with them to allow operations to restart in areas that are under Phase 1 and Phase 2 of Chile’s COVID-19 protocols. Those areas have begun to see more commercial activity recently, but casinos are still not able to get things going. Employees from Sun Monticello showed their support for the efforts, gathering in the commune of San Francisco de Mostazal in an attempt to have their collective voices heard.

Uriate responding, explain that now is not the time to allow the casinos to make a reappearance, adding that it wouldn’t be prudent to try to offer any type of timeline. He attempted to give the employees a little bit of optimism, stating that the current decision could be re-evaluated at any time, depending on how control of the pandemic progresses. He added, “[For] the moment, we are not in a position where we can announce something in relation to making these measures more flexible.” He further explained that the country’s government is currently working on a tourism revitalization plan, stating, “We launched this program through the Production Development Corporation (CORFO), which represents $69m exclusively for the tourism sector and companies with annual sales of $4m.”

In light of the global pandemic, Chile started discussing last June the possibility of allowing land-based casinos to operate virtual alternatives as a stop-gap measure. Not much came of it, but two new bills are now being presented that hope to modernize the country’s casino industry and offer an iGaming component. The first covers regulations for iGaming, including virtual casinos and sports gambling, and the second revamps the tax rates for land-based casinos while extending all licenses until next year.

Chile’s casinos, like others around the world, began shutting down in March of last year because of COVID-19. They started to reopen in November, with 11 properties getting back to work. However, restrictions continued and visitation was down 57% from where it had been a year earlier. As a result, revenue fell by 44% year-on-year, and Chile was only able to pick up around $1.8 million in tax revenue that month.

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Michigan Announces Latest Operator to Launch Online Gambling

The Michigan Gaming Control Board announced on Monday that it has authorized one more online gaming and sports betting operator.

Since the official launch of online gaming and sports betting in the state last month, the Michigan Gaming Control Board approved various operators and platform providers. The Pokagon Band of Potawatomi Indians, which operates under the Four Winds brand in Dowagiac, Hartford and New Buffalo along with its platform provider Pala Interactive LLC are joining the group.

The platform received its permission this Monday.

MGCB’s executive director, Richard Kalm stated: “We welcome the addition of Four Winds Casinos and Pala Interactive to Michigan’s growing online gaming and sports wagering market. Their participation will generate revenue to support education, economic development and the Pokagon Band’s tribal community.”

Four Winds will the 11th operator to offer both online gaming and sports betting in Michigan. The 12th operator is Lac Vieux Desert Tribe and its platform PointsBet, but they are only authorized for internet sports betting for now.

The Other Operators

Among the other platform providers are DraftKings, William Hill, Barstool Sportsbook & Casino, TwinSpires, Golden Nugget, Rush Street Interactive, Met MGM, PokerStars and FoxBet, Fanduel and WynnBET.

Ten of the operators were announced at the end of January, right on track for the official launch.

PokerStars and FoxBet are one of the latest editions to the platform provider’s list. In the beginning of February, the two platforms were allowed to provide online poker within the state’s border.

Michiganders are currently only allowed to play legally in the state and only with fellow residents. However, the MGCB announced that later this year it will approve interstate play. Until now, Michigan is the fifth state that allows real money poker games.

Richard Kalm made a statement regarding the addition of PokerStars and FoxBet to the platform’s list saying that PokerStars is the very first operator to offer peer-to-peer poker games in Michigan.

The process of legalizing online gambling in Michigan took a long time. According to the legislation, only state’s licensed casinos are allowed to offer online gaming and sports betting. The platforms need to partner with those casinos.

The legislation is one of the measures in the state that are supposed to compensate for financial losses experienced in the past year. According to MGCB’s report from January, the launching was successful for it started bringing big enough revenue.

Although the numbers have not been issued yet, industry observers as well as operators and platform providers have signaled online gambling got off to a strong start amid a jam-packed schedule of major sporting events since the launch.

Source: “Michigan Gaming Control Board authorizes Pala Interactive as latest to launch online gambling”, Detroit News, February 16, 2021

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