Federal District Court Rejects OLC Opinion Reinterpreting The Wire Act

Federal District Court Rejects OLC Opinion Reinterpreting The Wire Act

Jun 11, 2019

Article

Co-author, The WLF Legal Pulse, June 1, 2019

On February 20, we posted about a November 2018 U.S. Department of Justice (DOJ) Office of Legal Counsel (OLC) opinion that reversed a 2011 OLC opinion on the scope of the Wire Act, a law that prohibits certain gaming activities across state lines. The 2011 opinion had clarified that the statute applied to sports betting only. The new opinion reinterpreted the Wire Act to prohibit all forms of wagering activity that crosses state lines, not just sports betting. We also reported back in February that two lawsuits had been filed challenging the new opinion. Last week, that litigation was decided in favor of the plaintiffs, with a federal court effectively setting aside the new opinion with a declaration that the Wire Act applies to sports betting only.

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