AGA: Regulators Should Probe Sweepstake Casinos and Sportsbooks

New-anti-sweepstakes-policy-released-by-American-Gaming-AssociationAs the popularity of sweepstakes-based wagering models continues to surge, the American Gaming Association (AGA) has sounded the alarm on the potential risks these platforms pose to consumers and the legal gaming industry. In a recently released policy statement, the AGA emphasized the need for increased regulatory oversight to prevent sweepstakes casinos from circumventing state gambling laws and exploiting legal ambiguities to operate unchecked.

Sweepstakes Casinos: A Growing Threat

The rise of so-called “sweepstakes casinos” has introduced a new and unregulated form of online gambling that mimics traditional casino games such as slots, roulette, blackjack, and poker. These platforms allow players to engage in gameplay either for free or by purchasing virtual currency, commonly known as Gold Coins. Alongside Gold Coins, players may also receive Sweep Coins, a secondary form of virtual currency that can be exchanged for cash or prizes, making these games increasingly indistinguishable from conventional online casinos.

However, the dual-currency model used by these operators—where Sweep Coins are presented as “free” but often require real money or significant time investment to redeem—has raised concerns among regulators and industry stakeholders. The AGA’s policy statement highlights the dangers posed by the lack of regulatory oversight, which “presents many risks for consumers as well as the integrity and economic benefits of the legal gaming market through investment and tax contributions.” The organization notes that many sweepstakes operators implement weak, if any, responsible gaming protocols and offer minimal self-exclusion processes, leaving players vulnerable to exploitation.

Michigan Takes Action Against Sweepstakes Operators

In response to the growing presence of sweepstakes casinos, some states have begun taking legal action to curb their operations. Michigan, in particular, has emerged as a battleground in the fight against unregulated sweepstakes gambling. In November and December of 2023, the Michigan Gaming Control Board (GCB) issued cease-and-desist orders to Cyprus-based Sweepstakes Limited (Stake.us) and San Francisco-based VGW Luckyland, both of which offer sweepstakes-based gaming services. These companies were found to be in violation of Michigan’s gaming laws, including the Lawful Internet Gaming Act, which mandates that internet gaming can only be offered by licensed operators.

The GCB’s crackdown on VGW Luckyland also cited violations of the Michigan Gaming Control and Revenue Act and the Michigan Penal Code. The GCB determined that VGW’s activities constituted illegal gambling, as they involved “conducting illegal gambling by offering an internet game in which a player wagers something of monetary value for the opportunity to win something of monetary value.” As a result of these violations, VGW and other sweepstakes operators have been forced to cease operations in Michigan.

A Call for Broader Regulatory Scrutiny

The AGA has called for more comprehensive regulatory scrutiny of sweepstakes casinos and sportsbooks operating under similar models across the United States. The trade group argues that these platforms exploit legal loopholes and often operate in a legal gray area, undermining the integrity of the regulated gaming industry and depriving states of crucial tax revenue. The AGA’s policy statement urges regulators and state attorneys general to investigate these companies thoroughly to ensure compliance with state laws and regulations.

In addition to enforcement actions, the AGA recommends that legislatures consider enacting new laws to close existing loopholes that allow unlicensed operators to offer online real-money gambling under the guise of sweepstakes. “Where state laws and regulations are not clear, legislatures should consider enacting legislation to prevent unlicensed operators from exploiting loopholes in sweepstakes regulations to offer online real money gambling,” the AGA stated in its policy.

The Need for Immediate Action

Industry experts warn that the rapid growth of sweepstakes casinos presents an urgent threat to consumers and the legal gaming industry. According to a recent report by Eilers & Krejcik, the market for sweepstakes gaming is expected to reach approximately $8.5 billion in 2024, with projections suggesting it could explode to over $11 billion by 2025. This growth has been fueled, in part, by a surge of private equity investment, with investors betting that states will be too slow to crack down on these operators.

As highlighted in a recent LinkedIn post, the opaque nature of sweepstakes operations “presents a prime opportunity for illegal activity and enriching bad actors.” The post further warns that sweepstakes casinos are “flooding into states in which online gaming is otherwise illegal, and it’s hitting unsuspecting consumers like a tidal wave.”

Given the potential for harm, the AGA and other industry stakeholders are urging regulators to take swift action to protect consumers and preserve the integrity of the legal gaming market. The sooner regulatory bodies and state attorneys general address these concerns, the better it will be for consumers, the industry, and the prevention of illegal activities such as money laundering.

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Penn Entertainment Failing in Sports Betting, Should Consider Sale, Says Investor

In a letter to Penn Entertainment’s (NASDAQ: PENN) board of directors, the Donerail Group, which has long been an investor in the regional casino operator, said the gaming company is failing in online sports betting, is overcompensating CEO Jay Snowden, and should consider a sale to create shareholder value.

PENN Play
An image for Penn Entertainment. Investor Donerail Group said CEO Jay Snowden is overpaid and Penn should consider selling itself. (Image: Penn Entertainment)

Donerail Managing Partner Will Wyatt opined in the letter to Penn Chairman David Handler that the gaming company has spent four years and billions of dollars of shareholder capital in a bid to gain a foothold in the online sports betting space, but those efforts have proven unsuccessful.

Moreover, the growing pattern of guidance misses, alongside a demonstrated unyielding appetite to continue to invest in the Company’s fledgling Interactive projects, irrespective of past results and without a clear return framework, has significantly damaged the credibility of this management team and Board of Directors,” wrote Wyatt.

There’s something to those claims. Between January 2020 and February 2023, Penn shelled out about $551 million to acquire Barstool Sports in an effort to leverage that brand as a catalyst for its online and retail sportsbooks, but those dividends never accrued.

Last August, the regional casino giant sold Barstool back to founder David Portnoy for just $1 as it entered into a costly agreement with Walt Disney (NYSE: DIS) to use ESPN branding for the Penn-operated ESPN Bet mobile betting app. In addition to paying ESPN $1.5 billion over 10 years, the gaming company also granted the network $500 million in equity warrants. While ESPN Bet has performed better than Barstool Sportsbook, Penn has made little headway in terms of wresting market share from larger rivals DraftKings and FanDuel.

Penn Entertainment Sale Makes Sense, Says Donerail

The letter by Donerail, a Los Angeles-based, event-driven money manager, sparked a noteworthy rally by Penn shares with the stock closing high by 19.62% on volume that was more than quadruple the daily average. However, today’s showing was a departure from the norm.

As Wyatt pointed out to Handler, Penn shares shed 80% over the past three years. Today, the stock closed at $17.50 — a far cry from the all-time of $142 set in March 2021. That lengthy slump coupled with the aforementioned board and management missteps are among the reasons Donerail believes Penn should consider selling itself — a move that if executed could fetch more than double the operator’s current market value of $2.19 billion, according to Wyatt.

“Given our understanding of the Company’s assets, however, alongside an understanding of the industry participants’ current strategic appetite to grow inorganically, we do believe that a sale of the Company’s assets, if undertaken, could generate meaningful and certain value creation for equity investors,” he noted to Handler.

In the letter, Wyatt observed that Penn’s market capitalization represents a steep discount to the $13.35 billion average found among its peer group, but the Donerail partner didn’t directly identify potential suitors for the gaming company.

In recent months, Penn has been the subject of attention by professional investors. Last month, David Einhorn’s Greenlight Capital announced “medium sized” stake in Penn. Last December, HG Vora said it took an interest of 18.5% of Penn’s shares outstanding and demanded board seats in an effort to push for change at the gaming company. Despite that fanfare, the stock shed almost a third of its value since the start of 2024.

Donerail Decries Snowden Compensation

Wyatt didn’t hold back in his criticism of Penn’s compensation of CEO Jay Snowden, noting the board signed off on $99.3 million in total pay for the executive between 2020 and 2023 — a period that included significant declines by the stock.

Citing Institutional Shareholder Services (ISS), Wyatt said Snowden has the worst possible score issued by the firm in terms of his compensation being aligned with shareholder interests.

“In fact, Mr. Snowden’s compensation was deemed to be so gratuitous, As You Sow chose to use PENN as a case-study of wrongdoing in its report. Institutional shareholders appear to share our view, with leading institutional investors BlackRock, Vanguard, State Street Global Advisors, and CalSTRS all having voted against PENN’s executive compensation in the past, yet meaningful change has not been made by the Board’s compensation committee,” said Wyatt.

As You Sow, a leading shareholder advisory group, recently noted that Snowden was the third-most overpaid CEO among S&P 500 companies, but the stock was removed that index in September 2022.

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