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Sport Betting is a Skill Claims the NFL and DOJ

Scott Morris | July 22, 2015

Just uncovered court documents reveal that the opinions of both the NFL and the United States Justice Department are that sports betting is more about skill than it is chance, a very important legal distinction that could shape expanded legalization of betting on sports in the United States.

Skilled based contests are more likely to be allowed under the law in the U.S.

Those statements, uncovered by ESPN, were by the legal counsel of both the NFL and the DOJ in 2013. During that same year, New Jersey was sued by the NFL in an attempt to prevent that state from offering a legal form of sports betting.

During 2013, the niche market Daily Fantasy Sports was just being developed. Now two years later close to half of the teams in the NFL are partnered with one of the two huge sites for Daily Fantasy Sports – FanDuel and Draftkings.

During 2013, Loretta Lynch the current U.S. Attorney General was the U.S. Attorney for New York’s Eastern District. She wrote that sports betting involved substantial skill. Sports bettors she added can employ far superior knowledge of teams, players and games to exploit the odds.

Lynch mentioned a prominent businessman and sports bettor in Las Vegas Billy Walters as one example of the world of sports betting being a skill.

Lynch explained as well how certain bettors move the betting lines, a technique that is similar to bluffing during poker.

She wrote that while sports bettors cannot influence legally the outcome of games, sports bettors can and often do influence the point spread or the betting line to improve their own odds of being successful in their bet.

In specific, she said a bettor intending to make a large bet on a specific team might first place one or even more strategic, smaller bets on the opposing team to move a betting line in his favor for what was his intended big bet.

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AP Top 25 College Football Poll

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AP TeamW/LSeason StartLive Odds
1Texas0-0+600+550
2Penn State0-0+700+700
3Ohio State0-0+675+650
4Clemson0-0+850+850
5Georgia0-0+650+650
6Notre Dame0-0+1000+1000
7Oregon0-0+1200+1400
8Alabama0-0+900+900
9LSU0-0+1200+1200
10Miami FL0-0+2800+2500
11Arizona St.0-0+12500+12500
12Illinois0-0+15000+15000
13South Carolina0-0+6600+6600
14Michigan0-0+3300+3300
15Florida0-0+3300+3300
16SMU0-0+10000+10000
17Kansas State0-1+10000OFF
18Oklahoma0-0+4000+4000
19Texas A&M0-0+3300+3300
20Indiana0-0+12500+12500
21Ole Miss0-0+4000+4500
22Iowa State1-0+20000OFF
23Texas Tech0-0+10000+12500
24Tennessee0-0+6600+7500
25Boise State0-0+25000+15000