New Hampshire Lottery issues statement as US Department of Justice will not appeal Wire Act ruling

The Telegraph, Nashua, N.H.
·2 min read

Jun. 25—CONCORD, N.H. — The United States Department of Justice (DOJ) this week declined to appeal a January 2021 decision by the United States Court of Appeals for the First Circuit finding that the 1961 Wire Act does not apply to non-sports betting or wagering activity, like state lottery activity, effectively ending the case in the New Hampshire Lottery's favor. The outcome of the case confirms the Wire Act applies only to sports betting and not state lottery activity and other forms of interstate gambling.

New Hampshire Lottery Executive Director Charlie McIntyre released the following statement in response to this DOJ decision:

"While we have been confident in this outcome throughout this process, we are extremely pleased to have closure. This case represents a historic victory for the New Hampshire Lottery and lotteries across the country. That said, the biggest winners are our country's schools and a variety of other important causes that depend on lottery funding each year — literally billions of dollars in critical funding have hung in the balance. In New Hampshire, this outcome ensures the New Hampshire Lottery will be able to continue delivering more than $100 million to New Hampshire schools each year.

"As the nation's first lottery, we had a responsibility to challenge this opinion. We would like to once again thank the New Hampshire Attorney General's Office for its leadership, expertise and skill in guiding us through this process and ultimately to this monumental victory, preserving the New Hampshire Lottery as a critical resource for education in the Granite State for years to come."

The First Circuit ruling this past January affirmed the ruling of the United States District Court for the District of New Hampshire, which ruled in June 2019 the Wire Act applies only to transmissions related to bets or wagers on a sporting event or contest.

The New Hampshire Attorney General's Office, on behalf of the New Hampshire Lottery, challenged the U.S. DOJ's November 2018 opinion that the Wire Act applied broadly to all forms of gaming, including sales of lottery tickets over the Internet. The U.S. DOJ appealed the United States District Court ruling in August 2019.