New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter B - Casino Gaming › Part 5329 - Sports Wagering › Section 5329.26 - Duties to report

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Dishonest or unlawful acts.
In the event that an operator or its employee, sports
						pool vendor or employee of a sports pool vendor, becomes aware, or reasonably
						suspects, a person has obtained a personal benefit or a benefit for another
						person by a dishonest or unlawful act affecting the conduct of a wager or a
						sports event, the results of which formed the basis, in whole or in part, of a
						wager; and/or there has been an unlawful act that has affected a wager or a
						sports event the results of which formed the basis, in whole or in part, of a
						wager, such operator, operator's employee, sports pool vendor or sports pool
						vendor's employee shall give promptly the commission a written notice advising
						the commission of all material facts known about the matter and any documents
						or other evidence in the possession or control of such entity or person in
						connection with the matter.
(b)
Bribes.
If an operator, operator's employee, sports pool vendor
						or sports pool vendor's employee is approached with an offer or promise of a
						bribe or with a request or a suggestion for a bribe or for any improper,
						corrupt or fraudulent act or practice in relation to a wager or a sports event
						relating to a wager or with a suggestion that any wager or sports event
						relating to a wager be conducted otherwise than in accordance with the rules
						and regulations of the commission, it shall be the duty of such person to
						report such suggestion, offer, promise or bribe promptly to the commission.
						Failure to so report shall subject such person or persons and such operator
						and/or sports pool vendor associated with such person to the penalties and
						other actions the commission may take.
(c)
Suspicious activity.
An operator shall report promptly to the commission any
						other suspicious activity involving such operator in the operation of sports
						pools, whether such acts are committed by such operator, operator's employee,
						sports pool vendor or sports pool vendor's employee, or whether such acts are
						committed against such operator or sports pool vendor, including, without
						limitation, criminal activity, financial irresponsibility, fraud,
						misrepresentation, security breaches, breach of confidentiality of a patron's
						personal information or any violation of article 13 of the Racing, Pari-Mutuel
						Wagering and Breeding Law or this Part.
(d)
Sports event integrity.
In the event an operator or sports pool vendor becomes
						aware of or reasonably suspects that the integrity of a sports event or
						occurrence within a sports event has been affected or compromised by wagering
						activity, such licensee or vendor shall report to the commission promptly all
						facts and circumstances relating to such awareness or suspicion.
(e)
Money laundering.
In the event an operator becomes aware or reasonably
						suspects that there is a fraudulent or suspicious transaction in the operation
						of sports pools that may involve money laundering, or an activity similar to
						money laundering, as set forth in section
						5315.17 of this Title, the operator
						shall report promptly in writing the suspicious activity to the commission.
						Nothing in this section shall relieve the operator from any related reporting
						requirements under any other local, State or Federal laws. Such operator shall
						make available to the commission any documents or access to computer or other
						data systems that the commission may request in connection with the
						matter.
(f)
Suspicious betting activity and suspicious wagers.
An operator:
(1)
					 shall file with the commission a report of any suspicious betting activity or
					 suspicious wager, if such suspicious betting activity or suspicious wager
					 involves or aggregates to more than $10,000 in funds or other assets;
(2) may file a report of any suspicious
					 betting activity or suspicious wager, without regard to the amount, if the
					 operator believes that such reporting may be relevant to the possible violation
					 of any law or regulation; and
(3)
					 shall file any report pursuant to paragraph (1) or (2) of this subdivision no
					 later than two calendar days after the initial detection by the operator of
					 facts that may constitute a basis for filing such a report. If no suspect was
					 identified on the date of the detection of the incident requiring the filing,
					 an operator may delay filing a report for an additional seven calendar days to
					 identify a suspect. In no case shall reporting be delayed more than nine
					 calendar days after the date of initial detection of a reportable transaction.
					 In situations involving violations that require immediate attention, an
					 operator shall notify commission staff immediately, in addition to timely
					 filing a report.