The National Indian Gaming Commission last week strongly disputed claims by Atlantis Gaming Corporation that its online gaming or daily fantasy sports was approved by the federal overseer of gaming tribes.
Atlantis, as part of an effort to get business from gaming tribes, October 17 released a press statement claiming that NIGC and other unnamed federal agencies approved of its activities, which it described as the “first federally approved online betting and DFS platform.”
It stated that is approval would make it possible to go live with its website early next year. It also claimed to have the “only legal platform online for daily fantasy sports, online poker and other casino games.”
Three days after Atlantis sent out its release, NIGC Chairman Jonodev O. Chaudhuri sent out a press release that said, “The Commission has received numerous inquiries about the Atlantis Gaming Corporation’s press release. The NIGC was not a part of the approval process described in this release and the Commission feels it is important to clarify our position.
“The NIGC has not reviewed any DFS or on-line betting game for Atlantis Gaming Corporation and does not approve or license games for play in tribal gaming facilities.”
The statement noted, “The NIGC Office of General Counsel may issue advisory opinions about games and technology at the request of a tribe or other entity. Advisory opinions issued by the NIGC Office of General Counsel are only advisory in nature and based on information provided by the entity requesting the opinion.” The NIGC is not part of any approval process that Atlantis would be involved with.
The statement concluded by noting that the commission has not issued any opinions on DFS for Atlantis or any other entity.
Several days later Atlantis issued a second press release acknowledging that NIGC had not approved of its activities but said that the company’s Casino Gateway Network was deemed legal as of 2009, when NIGC issued a legal opinion (Bulletin 2009-3) that the network was not an online gaming system because the network connects between tribes and not part of the internet.
According to Atlantis, two tribes, one in Louisiana and the other in Nevada, use its Casino Gateway Network and offer social games at their casinos. It plans to offer DFS on this network next year.
Federal law bans internet gaming unless conducted using a Class III gaming compact or unless it is legalized within the boundaries of a state, something that only three states have done so far.
Daily Fantasy Sports is not included in this ban, although individual states are taking various stances on whether it is legally gambling.
