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FanDuel, DraftKings-Linked Lobbyist Behind Wyoming’s Ban on Underdog

  • David Picard emailed WGC July with a hit list including Underdog, PrizePicks
  • He stated the DFS contests were “indistinguishable from sports wagering”
  • Apologetic emails to Picard from WGC’s Charles Moore suggest exec was pressured
  • Since July, eight states have banned or limited pick’em DFS contests
Orchestra conductor's hands with baton
Emails to the Wyoming Gaming Commission from a lobbyist linked to market-leading sportsbooks suggests a concerted effort to oust DFS rivals. [Image: Shutterstock.com]

Influenced regulators

David Picard, a lobbyist linked to the Sports Betting Alliance that includes FanDuel, DraftKings, seems to have influenced Wyoming regulators into ordering daily fantasy sports (DFS) brands including Underdog Fantasy and PrizePicks to cease and desist operating in the state in July.

Illegal OSW in Wyoming”

Legal Sports Report cites emails between Picard and Wyoming Gaming Commission (WGC) Executive Director Charles Moore, the first in February entitled “Illegal OSW in Wyoming.”

In the email, Picard listed Underdog and PrizePicks along with their mailing addresses as breaking state laws for offering “the exact proposition parlay bets available on Wyoming’s licensed, regulated sportsbooks like FanDuel and DraftKings.”

Picard accused the likes of Underdog of offering player prop parlay betting under the guise of DFS contests and that “what they offer is indistinguishable from sports wagering.”

WGC pressured?

Five months after the February email, the WGC ordered Underdog and PrizePicks to cease and desist. The sign of Picard’s influence on the DFS war in Wyoming, however, comes from emails LSR cites Moore sent the lobbyist in March and April.

we are close to having this ironed out and the letter ready to send”

In the first, Moore thanks the veteran political strategist for his patience in waiting for the WGC’s letters to Underdog and PrizePicks, stating the final draft was coming soon. On April 21, an apologetic Moore emailed Picard stating: “Dave, Just an FYI we are close to having this ironed out and the letter ready to send […] Sorry for the delay.”

Picard was a direct representative of FanDuel and DraftKings from 2018 until 2022, when he switched affiliation to the Sports Betting Alliance.

LSR cites further evidence from a July 6 email Moore sent Picard, in which the WGC executive included copies of the cease-and-desist orders sent to Underdog and PrizePicks a day before.

CEO of Underdog Jeremy Levine recently stated the lobbying actions of the US’s big two sportsbooks are “an open secret.”

Eight states since July

The comments of FanDuel’s Head of State Government Relations Cesar Hernandez at the?National Council of Legislators from Gaming States?earlier this summer did plenty to ignite the US-wide war on DFS.

Hernandez told the conference there were firms: “posing as fantasy-sports operators […] running illegal sportsbooks”

Whether it’s Hernandez spooking state regulators, Picard’s lobbying, or something else, it’s working. On Tuesday, Maine ordered Underdog to halt its operations, fining it $391,850 in the process. Maine’s action makes it eight states to ban or limit pick‘em DFS contests since July.

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