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I. Nelson Rose

I. Nelson Rose
Professor I Nelson Rose is recognized as one of the world’s leading experts on gambling law. He is a consultant and expert witness for federal, state and tribal governments and industry. He is the author of Internet Gaming Law (1st & 2nd editions), Blackjack and the Law and Gaming Law: Cases and Materials.

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New Jersey to allow esport competitors to bet on themselves

21 Feb 2025

By I. Nelson Rose
What could possibly go wrong?

New Jersey Assembly Bill No. 2172 has passed out of committee and now will be voted on by the entire Assembly. A companion bill is being considered in the State Senate. If either bill passes both houses and is signed by Governor Phil Murphy, betting on esports will be greatly expanded.

Fine.

But this provision in the bill should be amended out: “The Division of Gaming Enforcement may authorize competitors in such events who are otherwise eligible to make sports wagers [meaning they are at least 18 years old] to make wagers on themselves or their own team with regard to an individual electronic sports contest.”

The bills’ authors undoubtedly thought that competitors would only bet on themselves and their teams winning. But that’s not what they wrote.

Here’s what happens in the real world if athletes can bet on themselves losing.

Jontay Porter, a.k.a. “NBA Player 1? in the latest indictments, allegedly sent texts like this to his illegal bookie co-conspirators, “Hit unders for the big numbers . . . no blocks no steals. I’m going to play first 2-3 minute stint off the bench then when I get subbed out tell them my eye killing me again.”

One of the co-conspirators bet $80,000 on a single-game parlay, including Porter underperforming. If the bet had not been frozen and an investigation started, Porter’s failure to stay in the game and play his best would have netted $1.1 million.

The NCAA has come out against college athletes being able to bet on themselves. That is obviously the right rule and should be written into every sports betting statutory and regulatory scheme.

One of my professional sports betting clients thought the self-dealing Porter problem could be solved if athletes were only able to bet on themselves outperforming expectations.

But I am sure that bookies and other smart bettors would figure out a way to still cheat. Perhaps the athlete would underperform for a few games, not enough to get benched, but enough to drive down his expectation stats. Then, when he was feeling particularly up, he would bet on a million-dollar parlay where he had to outperform his contrived low numbers.

The one thing we know about gambling is if there is a way to get an edge, legal or not, someone will figure it out.

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