Las Vegas Review-Journal

Laxalt explains ‘nuances’ of position on Wire Act reform

- HOWARD STUTZ

Nevada Attorney General Adam Laxalt didn’t back away from adding his name to a letter circulated by an attorneys general group offering support for federal efforts to restore the Interstate Wire Act back to its pre-2011 interpreta­tion.

But the state’s top prosecutor Tuesday outlined “some nuances in my own position.”

Laxalt sent a separate letter to congressio­nal leaders ahead of today’s scheduled House Committee on Oversight and Government Reform hearing on the Wire Act legislatio­n in Washington, D.C. The House bill and a similar bill in the Senate would effectivel­y ban legalized gambling on the Internet and shut down Nevada’s small, nearly 3-yearold online poker business.

The Republican attorney general still wants Congress to review the Wire Act, which was written in 1961 and covered the transmissi­on of wagers. But lawmakers also must also account for “Nevada’s robust regulated and licensed gaming manufactur­ing and casino resort economy.”

Laxalt was criticized by Gov. Brian Sandoval, casino executives and gaming regulators, when he said before Thanksgivi­ng that he would sign the attorneys general letter. Sandoval said Laxalt flew afoul of Nevada law that created the state’s online poker network.

The U.S. Department of Justice, in a December 2011 opinion, concluded the Wire Act applied only to sports betting and not poker or casino-style games.

The change opened the U.S. to legal Internet gaming. Nevada, Delaware and New Jersey all approved forms of online wagering.

Laxalt didn’t address the legality of online gaming in his support letter but disagreed with the Justice Department’s process.

“The result ... was more akin to lawmaking than to legal interpreta­tion by executive branch attorneys,” Laxalt wrote. “The impact of this particular interpreta­tion went far beyond the narrow effect that such an interpreta­tion would ordinarily have.”

The House and Senate bills would throw out the Justice Department’s ruling. The legislatio­n is backed by billionair­e casino owner Sheldon Adelson, a prolific GOP campaign donor who has vowed to spend big money in an effort to wipe out Internet gambling. Adelson, chairman and CEO of Las Vegas Sands Corp., said he believes online wagering is corrosive to society and bad for the casino industry.

Laxalt said he agrees “with the spirit” of restoring the Wire Act.

But he also addressed concerns raised by the Associatio­n of Gaming Equipment Manufactur­ers. The Las Vegas-based trade group has said a restoratio­n of the Wire Act could indirectly shut down modern systems and technology that rely on wire communicat­ions. The equipment is utilized by U.S.-based commercial and tribal casinos and the nation’s lottery industry to manage properties, gaming activities and customer service.

Laxalt said lawmakers must account for and “protect current and future technology” that could deployed and are “central to the success of landbased casino resorts.” He wrote that “it is critical that policymake­rs understand” that certain technology “should not be prohibited by an overly broad iteration of the Wire Act.”

Eight state attorneys general signed on to the letter that was circulated by the group and was submitted to the House committee. However, Laxalt’s counterpar­ts in New Jersey and Delaware did not add their names to the missive.

Laxalt offered an additional “point of clarificat­ion” to the AG’s letter, which stated the Wire Act changes opened the door to money laundering and other nefarious activities. He credited Nevada’s strict gaming regulatory structure with keeping those elements out of the Silver State and said he was “unaware of any evidence” to the contrary.

Laxalt hopes his letter quells some of the criticism.

But the hearing on Capitol Hill might add fuel to the fire.

The House bill is sponsored by Rep. for Wynn Resorts."

Muchofthev­olatilityh­asbeenblam­edon Macau,whichhasse­en18straig­htmonthsof gaming revenue declines due to the sinking Chinese economy and a crackdown by the Beijinggov­ernmentonc­orruption.Theantigra­ft campaign has ensnared operators of high-end junket businesses who are tasked with bringing big spending customers to private gambling salons at Macau casinos.

Last month, the company announced the opening of its $4.1 billion Wynn Palace would be delayed until late June because of Jason Chaffetz, R-Utah, who is chairman of the Oversight Committee. South Carolina Attorney General Alan Wilson, who co-authored the support letter, and a high-ranking FBI official are two of the four witnesses scheduled for the hearing titled “A Casino in Every Smartphone.”

The source of the hearing’s title tells you what’s in store for the speakers.

When he launched the Coalition to Stop Internet Gambling in 2013, Adelson said, “It’s common sense that putting a virtual casino in the pocket of every American with a smartphone is bad public policy.”

The hearing is expected to examine “law enforcemen­t implicatio­ns” of the Wire Act’s reinterpre­tation. The setting is likely to be hostile for witnesses who are Internet gaming proponents, including former Nevada Gaming Control Board Chairman Mark Lipparelli, who played a part in Nevada’s online regulation­s.

Rep. Dina Titus, D-Las Vegas, said she plans on attending the hearing, but was hoping for a more “balanced” approach in examining online gaming.

“While I appreciate that the committee is holding a hearing on this important topic, the title suggests that it will be ideologica­l and one-sided,” Titus said. — Howard Stutz’s Inside Gaming column appears Wednesdays and Sundays. He can be reached at hstutz@ reviewjour­nal.com or 702-477-3871. Find on Twitter: @howardstut­z. constructi­on delays.

The company collects more than 65 percent of its quarterly revenue from its two Macau casinos.

Earlier thisyear, investment­firmT.Rowe Price Group, once the largest single shareholde­rinWynnRes­orts,reducedits­staketo 4.6percent.Thefirmonc­eowned17mi­llion shares, or 16.8 percent of the company. — Contact reporter Howard Stutz at hstutz@reviewjour­nal.com or 702-4773871. Find @howardstut­z on Twitter.

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