Atlanta Braves Morning Chop: This Scheme Won’t Work, AFL Wrap
Sep 12, 2015; Dallas, TX, USA; A general view of the DraftKings sign board during the match with FC Dallas playing against New York City FC at Toyota Stadium. Mandatory Credit: Matthew Emmons-USA TODAY Sports
Alabama men file lawsuit against DraftKings and FanDuel; seek money they lost
Two Jefferson County [Birmingham metro area] men this [Wednesday] morning filed a federal lawsuit against daily fantasy sports websites DraftKings and FanDuel claiming the companies are operating illegal gambling operations in Alabama.
The two men seek their money back under a 150-year-old Alabama law that prohibits enforcement of gambling debts. The lawsuit also seeks class-action status to represent all Alabamians who have lost money with the fantasy sports websites.
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The lawsuit was filed by attorneys for Sam Manzella and Robert Todd in U.S. District Court in Birmingham. The men are represented by the Heninger Garrison Davis LLC and Fawal & Spina law firms.
A spokeswoman for FanDuel declined comment this morning. A spokesman for DraftKings said the company does not comment on pending litigation.
The lawsuit states that DraftKings and FanDuel are operating an illegal online sports betting business that violates Alabama’s gambling laws.
“Defendants (DraftKings and FanDuel) define their sports betting scheme as DFS (daily fantasy sports) in a specious attempt to circumvent Alabama law which expressly prohibits ‘gambling,'” the lawsuit states. “In Alabama, a ‘person engages in gambling if he stakes or risks something of value upon the outcome of a contest of chance or a future contingent event not under his control or influence, upon an agreement or understanding that he or someone else will receive something of value in the event of a certain outcome’,” the lawsuit states.
A scheme is considered gambling, the lawsuit states, if “chance” is the dominant factor in determining the result of the game, even though the result may be affected to some degree by skill or knowledge.”
“Both Fanduel and DraftKings operate similarly to good old fashioned bookmaking,” said Tommy Spina, one of the attorneys for the men. “If you win you get money if you lose they get money.”
“Millions of people nationwide have participated in this activity and most people assume that since Fanduel and DraftKings advertise nationally they have a business arrangement with the NFL, that it is legal,” Spina said. “However , the reality is that it is not legal in states where gambling is prohibited.”
Gambling in Alabama, from a bettor’s perspective, is a misdemeanor, Spina said. From a bookmaker’s perspective it is a felony, Spina said.
While the two men have admitted they participated in the gambling in the lawsuit, Spina said he does not believe they will face criminal consequences. The lawsuit does not seek criminal action against DraftKings and FanDuel, he said.
The lawsuit does not say how much money Manzella and Todd lost or how much money may have been lost by all Alabamians. However, the amounts lost by the two men would be small, Spina said.
[ Ed. note: there is so much ‘wrong’ in this story that I hardly know where to begin.
1. Yes, gambling is illegal in my home state of Alabama. Yet we all know it happens. Heck, we get sports betting experts on the sports-talk radio shows every week of the football season to tell us their takes on the upcoming week’s games. So you think this is the first time somebody has tried this legal tactic? I’m betting not…. oops, gambling term.
2. If you’re so BAD at fantasy sports gambling – and yes: let’s be honest… it IS gambling – that you have to concoct a scheme like this one to get out of paying your debts, then you probably need to rethink your life from a debtor’s prison. The attorneys claim the lost amounts are “small”. I seriously doubt that. It wasn’t just one of the sports-fantasy sites involved here: it’s both of the major ones. These guys are bad addicted. My only hope here is that these yahoos didn’t put their own families out onto the street in the process.
3. Note that while the lawsuit admits that this enterprise they engaged in is illegal, they really want their money back. If I’m a judge in the case, I’d recommend they be prosecuted on the gambling charge just for the audacity and arrogance involved. This is tantamount to robbing a liquor store, getting caught, and then suing the store for failure to have an adequate alarm system to deter you from robbing the store.
4. The attorneys are going to collect a mint on this – probably even if they lose. Does that alone suggest just how much coin these idiots might have dropped because they can’t pick a decent running back?
5. Oh, and for further cover, they’ve actually doubled down on this (sure, why not? It’s another gambling term): they want class action status for the lawsuit… probably so that the attorneys can reap the benefits for their labors that they likely can’t fully extract from their clients.
Expect both Fan Duel and Draft Kings to respond vigorously to this suit: so much that even if they happen to lose, it will be a Pyrrhic victory for the plaintiffs. The companies will insure that they will at least make this highly expensive for these losers, which should deter others in the future. It’s certainly nothing they want to encourage. ]
Next: The Rumor That Refuses to Die
Construction ain’t pretty. Rio de Janeiro; Brazil; Construction continues inside the Olympic Stadium. Mandatory Credit: Michael Madrid-USA TODAY Sports
Trust the process: Rebuilding plan is what’s best for Atlanta Braves
Complete rebuilds, by their very nature, are ugly little messes that go against the whole point of sports, which is to win. It’s why even after the Houston Astros and Chicago Cubs showed just how effective a to-the-studs teardown can be, a certain cognitive dissonance among fans still exists. Winning is great, so long as it doesn’t take losing to get there.
Here, then, are the Atlanta Braves, who are losing but don’t exactly want to say they’re losing because they picked about the worst possible time to start losing: in the run-up to the opening of a new stadium that gets somewhere between half and two-thirds of its funding from public money earmarked by politicians and not an open vote. So, essentially, the Braves will benefit from money unwittingly offered by the citizens to whom they’re now peddling bad baseball as an amuse-bouche for a stadium some citizens may not have wanted in the first place.
The best intentions can fall prey to bad timing, and that’s where the Braves seem to find themselves now, after the trade of shortstop Andrelton Simmons fomented unrest and the chatter about the Braves’ willingness to trade first baseman Freddie Freeman made even more waves.
Here are the facts: Ken Rosenthal’s report that the Braves talked about dealing Freeman was 100 percent true. Three sources told Yahoo Sports that Freeman’s name came up in conversations with the Houston Astros as part of a mega-trade that would’ve included more than five players. It went nowhere. Neither did light chatter with other teams. Discussions about franchise-type players owed more than $100 million rarely do, and that context is vital in understanding what Atlanta is trying to do.
…
[ Ed. note: much more about rebuilds and musings about the process available at the link above. And immediately after the conclusion of Passan’s article, you have links available for the Yahoo Sports Daily Fantasy leagues in which you can win big prizes for a nominal entry fee.
Illegal in Alabama… probably. *smh* ]
Next: Things We Should be Talking About
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Arizona Fall League Wrapping Up
PITCHING FINISHING WELL / HITTING… NOT SO MUCH
One of the players we’ve hardly spoken about during AFL play – which finishes up tonight for the Braves’ participants – is Daniel Winkler.
Recall that Winkler will most likely be on the Braves Opening Day roster in 2016 due to being a Rule 5 draftee. He has thrown 9 innings in AFL play and pitched to a 3.00 ERA. Last night he finished up with 1 inning of work in which no one put the ball in play: 3 strikeouts, 1 walk. He’s K’d 11 in those 9 innings overall, giving up 5 hits (one a homer). Last night was probably his best outing, though walks have been a bit concerning: 5 of those along the way.
Still for someone seeing limited competition in the past year after a Tommy John rehab season, that’s very encouraging.
Lucas Sims (1.93 ERA) might get the last start this afternoon – he hasn’t pitched in a week now. Since giving up 3 runs (2 earned) via a Gary Sanchez homer in his first AFL inning, he’s almost been ‘lights-out’: 12 innings since with 1 more earned run, 2 walks, 12 K, and 7 hits allowed. That’s not bad at all. Sims got hit a bit in the Stars game (not counted in those stats), but wasn’t helped by a misplay in the outfield either.
Mauricio Cabrera has been wowing people with consistent 100-103 numbers on the radar gun, but has walked 5 in 10.1 innings. That’s clearly his issue, but unlike Sims, hasn’t harnessed the fastball’s direction enough yet. Cabrera has brought his ERA down to 6.97, allowing 11 runs/8 earned. He’s got the stuff, but it’s still too wild and too hittable when not.
Andrew Thurman has had a rough go in 11 innings (10.64 ERA), though it has been either feast or famine with him. Every other outing has been good, it seems. The last one (on Nov 14) was for 2 innings of 1 hit, 1 walk, 2 K ball. So if that was his last foray in the desert, then it was a strong finish. That ERA was hurt badly due to early trouble: a 6 earned run/1 out stint during the second week of the league. Throw that out and it’s 7 earned in 11 innings… more respectable, at least.
Next: John Hart Said Yesterday 'He'll learn'...
There are only 4 hitters on the Peoria Javalinas squad hitting above .250. Last night, the team only recorded two hits in the game… and no runs in their loss. One of those hits came from C Joseph Odom, who raised his average to… .133 over 9 games. OF Connor Lien? .164. SS Johan Camargo? .207. It’s not been pretty for the hitters out in the desert.