Casino Lawyer SPRING 2014
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NEW EU ANTI-MONEY LAUNDERING DIRECTIVE TO AFFECT I-GAMING CSHAPIINGa THE FUTUsRE OF GAiMIINnG LAW o LawyeVOLUME 10 r NO. 1 SPRING 2014 Governing Law in Transnational Bitcoin Commercial Dealings Is Virtual in the Gaming Currency Industry Real? New Developments In Global Gaming The state of I-gaming in the United States, Spain, Bulgaria, Singapore and beyond ETHICS ACROSS INTERNATIONAL MASTERS OF GAMING LAW THE GAMING PUBLICATION INDUSTRY IMGL Officers Joerg Hofmann Michael E. Zatezalo Jamie Nettleton President First Vice-President Second Vice-President Joerg Hofmann D. Michael McBride III President Treasurer MELCHERS law firm Crowe & Dunlevy, P.C. Heidelberg, Germany Tulsa, Oklahoma +49 6221 1850 140 +1 918 592 9824 [email protected] [email protected] Michael E. Zatezalo Justin Franssen First Vice-President Assistant Treasurer Kegler, Brown, Hill & Ritter Co., Kalff Katz Franssen Quirino Mancini Marc H. Ellinger L.P.A. Amsterdam, Netherlands Secretary Assistant Secretary Columbus, Ohio [email protected] +1 614 462 5400 [email protected] Douglas L. Florence, Sr. Affiliated Vice-President Jamie Nettleton Avigilon Second Vice-President Las Vegas, NV Addisons Lawyers +1 702 683 6016 Sydney, Australia [email protected] +61 2 8915 1030 [email protected] Keith C. Miller Vice-President Educator Quirino Mancini Drake University Law School D. Michael McBride III Justin Franssen Secretary Des Moines, Iowa Treasurer Assistant Treasurer SCM Lawyers +1 515 271 2071 Rome, Italy [email protected] +39 06 322 1485 [email protected] J. Kelly Duncan Immediate Past President Marc H. Ellinger Jones Walker LLP Assistant Secretary New Orleans, Louisiana Blitz, Bardgett & Deutsch, L.C. +1 504 582 8218 Jefferson City, Missouri [email protected] +1 573 634 2500 [email protected] Melissa Triplett Executive Director International Masters Douglas Florence Sr. Keith C. Miller of Gaming Law Affiliated Vice-President Vice-President Educator Boulder, Colorado +1 303 449 9955 [email protected] INTERNATIONAL MASTERS OF GAMING LAW J. Kelly Duncan Melissa Triplett Immediate Past President Executive Director www.gaminglawmasters.com I SPRING 2014 Contents VOLUME 10 • ISSUE 1 Features 26 A Tie That Binds Nevada Embraces Multi-Jurisdictional Progressive Prize Systems By Dan R. Reaser and Katherine L. Hoffman 34 28 Governing Law in Transnational 32 About the Cover: Commercial Dealings in the Bitcoin New Developments Gaming Industry Is Virtual Currency Real? By Joerg Hofmann and Martin Jarrett in Global Gaming By Barth F. Aaron Departments 17 Members in the News 12 Bulgaria: The Best Regulated Gambling Jurisdiction in Eastern Europe New Developments By Nadya Hambach in Jurisdictions: 14 Latest Developments in Spanish Online Gambling Regulation By Blanca Escribano and Columns Marcos Garcia-Gasco 18 New EU 4 Message from Anti-Money Laundering the President United States By Joerg Hofmann Directive to Affect 5 Letter from the Editor 6 Jurisdiction Profile: New Jersey I-Gaming By Sue McNabb By Jeff Ifrah and Sarah Coffey By Christine Duhaime 23 Overlooked Issues: Native American Gaming Interactive and Interstate Gaming By John Maloney 20 Indian Gaming Outpaced by Commercial Casino 8 and Racino Segments International By Alan P. Meister, Ph.D. 4 9 Online Gaming Lawyers & Ethics Gambling 30 Ethics Across the 30 Regulation Gaming Industry in Singapore By Glenn E. Wichinsky By Bryan Tan and Sally Murphy and Keith C. Miller 5 >> Message from the President IMGL Continues Commitment to Engage With Regulators By Joerg Hofmann Joerg Hofmann t is worth beginning by reminding ourselves what a the IMGL, although I have no doubt that the experience of unique association the International Masters of moving around London while the transport workers were on Gaming Law (IMGL) is. Although IMGL provides a strike reinforced American opinion on European trade platform for networking with the leading gaming unions. We all did, however, survive and thrive. In addition lawyers and industry figures across the globe, its fundamen - to our annual IMGL reception at ICE, which was heavily Ital purpose is education. It must be stressed, however, that oversubscribed, we conducted, for the first time, the “IMGL this education by its members for other members and the Masterclass at ICE.” The IMGL Masterclass proved to be a gaming industry generally must be done at winner with the attendees at ICE. the highest level. This is achieved through We have organized a new Demand for seating exceeded the organizing conferences which people from “event for the IMGL calendar: supply, but, fortunately, we were able to across the globe come to attend, and our “East Meets West Regulator open up new supply lines to accommo - publications. Casino Lawyer is very much Summit.” This event will take date the attendees. part of this as one of the flagship publica - place on the stunningly beautiful Our attention turns to Asia tions of the IMGL. Boracay Island in the Philippines, during the second quarter of 2014. In this context, it is appropriate to First, the IMGL will hold its annual mention our spring conference for 2014 in with the scheduled dates IMGL Reception at G2E Asia, an San Diego. From 23 April until 25 April being 24 – 25 May 2014. event which is growing in popularity 2014, we have put together an educational The overall objective is to each year. Second, we have organized and social agenda to cater to all members. create an environment where a new event for the IMGL calendar: In this regard, I must give my special regulators and lawyers can “East Meets West Regulator Summit.” thanks to John Maloney and John Roberts. come together in order This event will take place on the stun - Through their industriousness, we have put to transfer their knowledge ningly beautiful Boracay Island in the in place the framework for a very success - and experience. Philippines, with the scheduled dates ful conference – thank you John and John. being 24 – 25 May 2014. The overall I wish to draw special attention to our ” objective is to create an environment reception and dinner on Thursday, 24 April 2014. We will be where regulators and lawyers can come together in order to “all aboard,” so to speak, the USS Midway for a memorable transfer their knowledge and experience. From a personal evening. For the uninitiated, the USS Midway has finished perspective, this is particularly pleasing because one of my active service, after seeing action in Vietnam and the Persian objectives as president is to make the IMGL a more inclusive Gulf. Accordingly, for those who have signed up to this event, organization for regulators. More broadly, the event repre - you will not be condemned to six months of deck-work on sents the IMGL’s continuing commitment to engage with the high seas! regulators and generate further brand awareness in emerg - For the San Diego conference, we have a “dual track” ing jurisdictions, particularly those in East Asia. system in place. One track will be dedicated to global Finally, please keep in mind our autumn conference for gaming, while the other will be dedicated to Indian gaming. 2014, which will be held in Florence, Italy. Our final dates As you would expect, we will be covering the most relevant have not been finally confirmed as of now, but it will likely be topics in the gaming industry, such as mergers and acquisi - held during 5 -7 November 2014. When dates are finalized, tions in the gaming industry, regulatory/police investiga - you will be immediately notified. As always, I encourage you tions, payment processing, social casino gaming, and the to attend, not only for maintaining and building your profes - expansion of Internet gaming in the United States. sional profile among your peers, but also for the chance to p ICE 2014 in London was once again a great success for visit the “birthplace of the Renaissance.” 4 CASINO LAWYER • SPRING 2014 Casino Lawye r® SHAPING THE FUTURE >> Letter from the Editor OF GAMING LAW VOLUME 10 • ISSUE 1 Casino Lawyer is published two times a year by the International Masters of Gaming Law. It is distributed to more than 25,000 gaming professionals around the world. IMGL OFFICERS International Developments Joerg Hofmann President in Online Gaming Michael E. Zatezalo 1st Vice President By Sue McNabb Sue McNabb Jamie Nettleton 2nd Vice President Quirino Mancini Secretary his issue of Casino Lawyer focuses on discuss the emerging symbiotic relationship between international developments in online Internet gaming and bricks and mortar casinos. Marc H. Ellinger Assistant Secretary gaming. In the United States, some On the International front, Singapore’s gaming jurisdictions exhibit a dearth of position on remote gambling is evolving. The D. Michael McBride III Treasurer legislation on this current hot topic. The quest for article on the development of legislation in TInternet gaming legislation in Louisiana is Singapore suggests parallels between the United Justin Franssen Assistant Treasurer illustrative. States attitude of “a general prohibition with In 2013, the Louisiana legislature passed exemptions” as opposed to the United Kingdom’s Douglas Florence Sr. VP Affiliate Members HCSR 1 which requested a study of Internet “approach of liberalised regulation.” gaming with the objective to educate the members Bulgaria is the jurisdiction featured in the Keith C. Miller on the feasibility of Internet gaming in Louisiana. Eastern European update, citing the country as a VP Educator Members Shortly before the 2014 session began, the well-regulated and welcoming jurisdiction for on - J. Kelly Duncan Louisiana House committee on criminal justice, line operators. According to the author, Bulgaria’s Immediate Past President which hears gaming related bills and proposals, and new gambling taxation regime gives the country “a the Senate judiciary committee held a joint meeting significant advantage” over all other Eastern Euro - EXECUTIVE DIRECTOR which was attended by many gaming attorneys pean gambling jurisdictions.