IGT wins Wire Act lawsuit against DOJ

justice gavel
Haley Hintze
Haley Hintze
Posted on: September 17, 2022 24:59 PDT

International Gaming Technology PLC (IGT) has emerged triumphant in its battle against the U.S. Department of Justice in order to force the DOJ to officially state that the 1961 Wire Act can no longer be construed to apply to bets or wagers excepting sports betting. In an opinion published on Thursday, U.S. District Judge William E. Smith issued a summary judgment in favor of IGT, while denying a DOJ motion to dismiss the case.

The ruling allows IGT to conduct its internet-based lottery services in 37 states without fear of prosecution by the DOJ, after the DOJ refused for years to issue a formal directive acknowledging that a related U.S. First Circuit ruling in favor of the New Hampshire Lottery Commission would stand as the law of the land. The battle over the reach of the Wire Act's reach has extended well over a decade. Besides the multi-state lottery implications, interstate online-poker player pooling, such as that offered through MSIGA member states, could have been imperiled by any future attempt to prosecute services related to online gambling outside the First Circuit, which includes only four New England states.

The lingering Wire Act litigation had a dampening effect on U.S. regulated online poker as well. In 2018, for example, WSOP.com initially declined to launch its services in the newly regulated state of Pennsylvania until after the New Hampshire Lottery Commission received a favorable verdict in the earlier Wire Act case.

In his ruling, Judge Smith dismissed the DOJ's ongoing assertions that IGT faced no credible threat of prosecution in the wake of the New Hampshire Lottery Commission, and that IGT thus lacked standing to bring the case. IGT maintained it felt forced to sue the DOJ over the matter in order to protect its existing business, since the DOJ had instituted a forbearance period under which it promised not to prosecute alleged illegal online-gambling operators until the New Hampshire matter had been settled.