Celebrities Taking a gamble
Jesse Ventura is no longer governor of Minnesota. But he is still
pushing an agenda - in this case, sports betting over the Internet.
Mr. Ventura is the new spokesman for BetUS.com, a Web site operated
from Costa Rica that lets people wager on sports contests from their
home computers. "This is a step toward bringing something above- board
that clearly many people want to partake in," Mr. Ventura said.
In a sign of an increased acceptance of Internet gambling, online
casinos in recent months have signed endorsement deals with a group of
celebrities, including Tom Arnold, the actor; Brooke Burke, a model
turned television host; and Jim Kelly, a former quarterback for the
Buffalo Bills.
But there is a big potential catch: these
stars and others who profit by promoting offshore casinos could be
putting themselves in legal jeopardy. The government considers these
Internet sports books to be violating American law by providing
unlicensed gambling on domestic shores.
Further, the government has said in the past that it could prosecute
Americans who promote and assist such foreign operations for
effectively aiding and abetting their illegal activities.
"There's a good chance they are criminally liable for the crime
itself," said I. Nelson Rose, a professor at Whittier Law School in
California and the author of "The Law of Internet Gaming." For
celebrities who draw attention from law enforcement officials, he said,
"the downside danger is enormous."
The Justice Department declined to comment for this article.
For his part, Mr. Ventura said he was not aware that federal law
prohibits Internet gambling operations; his management company, he
said, told him that the deal would not be a problem.
But Mr. Ventura also counters with a populist message that, in
essence, millions of Americans who gamble online cannot be wrong. And
in that regard, the relationship between casinos and celebrities - who
can easily earn six-figure deals for one-year endorsement contracts -
underscores the steep challenge Washington faces in policing this
growing offshore industry.
The overseas casinos, which allow people to play poker against other
gamblers, engage in table games like blackjack and bet on sports, are
legal and licensed in dozens of countries. In Britain, some casinos are
listed on public stock exchanges.
Internet gambling is projected to reach almost $12 billion in
business this year, up from $8.3 billion in 2004, according to
Sebastian Sinclair, a gambling industry analyst with Christiansen
Capital Advisors. Americans account for more than half of the amount
wagered, Internet casino executives and industry analysts say.
The popularity has soared in recent years with the boom in poker,
particularly Texas Hold ‘Em, and its increasing prominence on cable
television.
Still, the industry insists that online gambling would be much
larger were it not for efforts by federal prosecutors and some
financial institutions.
Over the last five years, many American banks that issue credit
cards have apparently slowed the industry's growth by refusing to
accept transactions processed by Internet casinos. Americans
participating in the betting have turned to online payment services
that allow them to place bets with money put into an escrow account.
Last year, faced with an investigation by a federal prosecutor in
St. Louis, several big-name media companies, including Clear Channel
and Infinity Broadcasting radio, stopped accepting advertisements for
offshore casinos. The Internet search sites Yahoo and Google later made
the same decision.
But ads for online gambling sites are still widely available in
magazines, and on radio and cable television channels, including ESPN.
And some ads have returned to Clear Channel stations.
In 2004, the United States attorney's office for the Eastern
District of Missouri vowed to pursue sports gambling sites, "as well as
the promoters, aiders and abettors of such criminal enterprises."
Lawyers representing Internet gambling operations, however, said that
it appeared the investigation had stopped, or at least slowed
considerably.
Jaclyn Lesch, a Justice Department spokeswoman, declined to comment, saying the investigation was continuing.
In any event, the marketing of online casinos and sports books is
regaining momentum, said Will Griffiths, the director of marketing for
Betonsports.com, a casino based in Costa Rica and listed on the London
Stock Exchange.
Mr. Griffiths said that in some cases the broadcasts had been
carefully worded to avoid provoking the Justice Department. For
instance, a radio campaign that began in October on some Clear Channel
stations repeatedly mentions "Bet on Sports" as a great source for
betting information and includes a telephone number where people can
get information rather than the address for an Internet site.
Another tactic used by media companies to circumvent the threat of
prosecution is to allow advertising of Web sites operated by offshore
casinos that let people play various table and poker games with no
money. The free sites then direct people to their gambling operations.
In September, Tom Arnold, the actor and comic, began endorsing
Betonsports.com. Mr. Arnold has appeared in radio advertisements, and a
video appears on the Betonsports site. In the video, Mr. Arnold is
dressed in a dog costume: "The payouts are so fast," he says. "They're
really something to bark about."
Mr. Griffiths said that when the company signed the deal with Mr.
Arnold it was concerned that Mr. Arnold might attract the attention of
federal prosecutors. As a result, Mr. Arnold's two-year contract -
worth "several hundred thousand dollars," according to Mr. Griffiths -
has an out clause should the Justice Department subpoena him.
Mr. Griffiths said his company alone plans to spend $15 million to
advertise in the United States over the course of the professional
football season. That kind of money, he said, is tough for media
companies and B-list celebrities to ignore.
Mr. Arnold could not be reached for comment. Other celebrities
endorsing sports sites include Brooke Burke, a Victoria's Secret model
who now is the co-host of "Rock Star: INXS," a reality show. On the Web
site for Sportsbook.com., she urges visitors to sign up. Ms. Burke's
publicist, Nancy Iannios, said that Ms. Burke declined to comment.
In October, the image of Mr. Kelly, who took the Buffalo Bills to
the Super Bowl in 1993, began appearing on the site
SportsInteraction.com. "I've always been involved with the best of the
best," he states, "and I am proud to be associated with Sports
Interaction, the best in online sports book."
In an interview, Mr. Kelly said he decided to become involved "to
promote responsible gambling." But Mr. Kelly also said he had a more
personal interest as well: "It's another endorsement for me."
Mr. Kelly said that when he signed the contract he was told he would be held harmless for any legal problems.
"I would never do anything that would jeopardize my name and what I do and what I stand for," Mr. Kelly said.
Legal experts said celebrities pursued by prosecutors could defend
themselves by arguing that they were not aware that the enterprise they
were promoting was illegal.
The sites continue to seek out new celebrities to market their
products. This month, Robert Iler, the 20-year-old actor on "The
Sopranos" who plays Tony Soprano's son, started appearing on
BetCRIS.com, a Costa Rica-based sports book and casino.
The company sought out Mr. Iler, according to its chief executive,
Mickey Richardson, after he was caught in a police raid on an illegal
card game in New York.
"When we heard the news we decided to get into contact," Mr.
Richardson said, as a way of drawing attention to its claim that
playing poker online "is the safe thing to do."
Mr. Richardson said interest in online gambling among Americans had
picked up again in recent months as the marketing has expanded.
The federal government "probably has got its hands full with others
things right now," he said. Besides, he added, online gambling "is
probably a train that can't be stopped."