New Hampshire Lottery Commission v. Rosen, No. 19-1835 (1st Cir. 2021)Annotate this Case
The First Circuit held that the Wire Act's prohibitions are limited to interstate wire communications related to bets or wagers on sporting events or contests, thus affirming the district court's grant of Plaintiffs' motions for summary judgment.
In 2011, the Office of Legal Counsel (OLC) of the U.S. Department of Justice (DOJ) issued a legal opinion concluding that the Wire Act's prohibitions were uniformly limited to sports gambling. In 2018, the OLC issued an opinion, which was later adopted by the DOJ, that all prohibitions in the Wire Act, with one exception, applied to all forms of bets or waters. In 2019, the New Hampshire Lottery Commission and one of its vendors commenced this action seeking relief under the Administrative Procedure Act and the Declaratory Judgment Act. The district court granted relief, ruling that the Wire Act was limited to sports gambling. The First Circuit affirmed, holding (1) this controversy is justiciable; and (2) the Wire Act applies only to interstate wire communications related to sporting events or contests.