Original Section(s)

11 VAC 5-70-230 Director Investigations

GLI Recommendations

11 VAC 5-70-230.G.

1. The Director may investigate the possibility of any of the following activities:

1. 1. 1. 1. 1. 1. Acceptance of a prohibited wager;
               2. Transmission of material non-public or confidential information for the purpose of wagering on a sporting event or to influence a wager;
               3. Abnormal betting activity, unusual wagering activity, or suspicious wagering activity or wagering activities or patterns that may indicate risks or concerns about the integrity of a sporting event or a bet or wager;
               4. Violations of the Virginia Comprehensive Money Laundering Act (§ 18.2-246.1, et seq.) or federal law prohibiting money laundering;
               5. Criminal, civil, administrative or disciplinary proceedings or nonroutine government or law enforcement investigations commenced against the regulated entity in connection with its operations in the Commonwealth or in any jurisdiction;
               6. Offering or extending credit to a player;
               7. Directly advertising or promoting sports betting to minors;
               8. Offering or accepting a wager on youth sports amateur or other sporting events not approved by the Director, including high school and youth league sports events;
               9. Offering or accepting any wager prohibited by the sports betting law or this chapter;
               10. Engaging in or facilitating illegal or suspicious wagering activity;
               11. Any complaints of illegal activity; or
               12. Any other complaint, activity, or conduct that may affect the integrity of sports betting in the Commonwealth of Virginia.

GLI recommends

1. Updates to 11 VAC 5-70-230.G based on what has been seen in other markets.
2. 11 VAC 5-70-230.G, 11 VAC 5-70-230.H, and 11 VAC 5-70-230.J becoming independent section since this applies specifically to the Director responsibilities.

11 VAC 5-70-230.J

2. Reporting Prohibited Conduct.

10. 1. Reports submitted via the hotline established pursuant to § 58.1-4043 or by any other method shall include a summary of the facts supporting the allegation.
    2. The identity of an individual making a report and the contents of any report under this subsection:
       1. Shall be confidential and not subject to disclosure under the Virginia Freedom of Information Act (§ 2.2-3700, et seq.); and
       2. Shall not be disclosed for any reason except:

1. As authorized by the individual;
2. Upon referral of the allegation to law enforcement; or
3. As ordered by a court of competent jurisdiction.

11 VAC 5-70-230.H

3. Referral of Investigations.

1. Upon receipt of a report of prohibited conduct, the Director shall conduct a preliminary investigation.
2. After the preliminary investigation, if the Director concludes that the allegations contained in the report are credible, the Director shall refer the allegations to the appropriate law enforcement agency.
3. If the alleged conduct occurred entirely or primarily within the Commonwealth of Virginia, the referral shall be made to the Office of the Attorney General.
4. If the alleged conduct occurred entirely or primarily within a United States jurisdiction other than the Commonwealth of Virginia, the referral shall be made to the Office of the Attorney General of that jurisdiction and, if applicable, to any appropriate sports wagering regulatory agency of that jurisdiction.
5. If the alleged conduct implicates interstate commerce or any other violation of federal law, the referral shall be made to the Federal Bureau of Investigation.
6. In addition to any referral under this subsection, if a report alleged prohibited conduct by an athlete, upon determining that the allegations in the report are credible, the Director shall notify the appropriate sports governing body in writing, including in the report the identity of the athlete and a general description of the allegation.