In another supplemental filing offered by the DOJ and the US Attorney’s Office in the lawsuit brought by New Hampshire Lottery and entities, the Justice Department Wire Act opinion evades the question of whether the re-re-interpreted law applies to those lotteries. In the most recent filing, submitted on April 25, DOJ attorneys again try to have it both ways. In response to New Hampshire’s most recent filing regarding the reach of the term “whoever”, which is an important legal point within the 1961 act, the DOJ continues to dispute New Hampshire’s assertions and motion for summary judgment. Instead, the DOJ…

The Department of Justice has claimed that its revised stance on the 1961 Wire Act did not address the legality of interstate and online lotteries, with a review into the matter ongoing. The claim, supported by a memo from Deputy Attorney General Rod Rosenstein, suggests that the DoJ is still examining whether state lottery operations should fall under the Wire Act’s jurisdiction. As a result, the Department claims that there are no grounds for a legal challenge, which should therefore be dismissed. Rostenstein’s memo states that Department of Justice attorneys should refrain from enforcing the revised Wire Act stance, which…