WV Attorney General Blasts DOJ On Wire Act: Keep Hands Off Lottery

Written By Kim Yuhl on March 26, 2019 – Last Updated on September 15, 2024

Patrick Morrisey, the Attorney General of West Virginia, is taking the lead in clarifying the effects of the recently updated Wire Act opinion on the West Virginia Lottery.

Earlier this year, Morrissey successfully rallied 25 attorneys general to collectively voice their deep concerns regarding the public revelation of the Department of Justice Office of Legal Counsel’s opinion.

Morrisey and the coalition of attorneys general wrote a letter to US Attorney General William Barr and Deputy Attorney General Rod Rosenstein on Thursday. In the letter, they argued that the opinion could potentially encroach upon areas usually governed by the states, such as the WV Lottery.

From the letter:

We are expressing our concerns regarding the implications of this interpretation, as it encroaches upon traditional state sovereignty. This Opinion now subjects activities that were previously considered lawful to harsh criminal penalties. Moreover, the reasoning behind this Opinion extends beyond online gaming and raises doubts about the future viability of multi-state lottery games like Powerball and Mega Millions.

WV leads the charge to protect the Lottery

The latest opinion from the OLC builds upon the 2011 perspective that banned the exchange of sports data across state lines. According to the OLC’s most recent interpretation, the Wire Act was originally intended to encompass all types of gambling activities.

Therefore, the opinion is likely to have a negative impact on state-run and multi-state lotteries, including popular national ones.

Mega Millions
Powerball

Morrisey contends:

Our States would suffer severe consequences if these programs were to be eliminated. State-run and multi-state lotteries play a crucial role in generating state revenue, amounting to billions of dollars annually. These funds are essential for supporting important state services including schools, educational initiatives, services for seniors, and infrastructure projects.

Both Democrats and Republicans expressed their support for the letter, showcasing a bipartisan effort that seeks to question the legal basis of the opinion and raise awareness about the realities of the modern digital world.

Morrisey points out that due to the growing interstate connectivity of the internet and cellular transmissions, even lotteries that were traditionally limited to a single state and exclusive to players within its borders could potentially be seen as violating the new Opinion.

The letter is a response to a lawsuit filed by the New Hampshire Lottery Commission, in collaboration with New Jersey and Michigan, in opposition to the legal opinion.

But wait, there’s more than the WV Lottery at stake

The closure of the only mobile sports betting app in WV since early March is quite perplexing, especially considering the widespread popularity of online sports betting. It is puzzling why the remaining three WV sportsbooks have not yet introduced their own online sports betting platforms.

Growing concerns over the opinion are alluded to by State Lottery Director John Myers.

In an interview with WV Metro News, Myers shared his thoughts.

The current situation has made everyone more cautious about our next steps until we find a resolution. We are making every effort to address this issue. We have been collaborating with our national organization to gather insights on the expected outcome of the DOJ decision.

Moreover, the possibility of West Virginia online casinos becoming a tangible existence is imminent. With the West Virginia Lottery Interactive Wagering Act only requiring a signature to officially become law, the introduction of online casinos in West Virginia could experience a comparable influence as online sports betting.

Free for coffee? Morrisey requests a sit-down

The coalition’s letter requests a meeting with Barr and Rosenstein, and also appeals for an extension of 90 days beyond the initial 90-day compliance period.

Morrissey garnered endorsement from attorneys general in: