This week, Brownstein participated in a panel at the Wyoming State Bar Annual Conference, held Sept. 17‒19, 2025 in Laramie, Wyoming, to discuss the current state of gaming regulations in Wyoming. Shareholder Affie Ellis moderated the panel, which consisted of shareholder Sarah Murray, Matthew Roob of Spectrum Gaming Group and Laramie County District Attorney Sylvia Hackl.
Sarah discussed the history of Indian gaming in the United States, including the Indian Gaming Regulatory Act (IGRA) and the cases that have shaped the Indian Gaming landscape She provided an analysis of recent judicial decisions that have affected Indian gaming in the digital age, such as Michigan v. Bay Mills Indian Community (2014) and California v. Iipay Nation of Santa Isabel (2018). In her discussion, she explained the jurisdictional limits of Indian gaming, including the types of land eligible for gaming, such as trust lands, restricted fee lands, allotted lands and fee lands.
Sarah highlighted the regulatory framework for Indian gaming and the roles of the National Indian Gaming Commission, the tribal gaming regulatory authorities and state regulatory bodies, including the processes of negotiating tribal-state compacts and the criteria for compliance with federal law.
Matt Roob, senior vice president of Spectrum Gaming Group, discussed the 2024 gaming study in Wyoming, focusing on the potential market size for historic horse racing within the state. He estimated the total market to be around $1.2 billion, with the potential for $122 million in revenue generated from visitors from Colorado alone.
Laramie County District Attorney Sylvia Hackl shared her insights on the challenges of prosecuting gambling-related cases in Wyoming. Gambling is illegal in Wyoming, but she noted that there are numerous exemptions in the state’s gambling statutes, making it difficult to establish clear criminal charges for some offenses. Ms. Hackl emphasized the need for legislative reform to clarify the definitions of gambling and professional gambling, which would improve the consistency of law enforcement in this area.
The panel discussed several concerns needing to be addressed under Wyoming law to prevent organized crime in the gaming industry. The panel explained that the Wyoming Legislature should consider implementing the following specific anti-money laundering (AML) measures, many of which are standard in highly regulated jurisdictions like Nevada and New Jersey:
Customer Due Diligence (CDD) and Know Your Customer (KYC):
- Require casinos and gaming operators to verify the identity of all customers, especially for large transactions.
- Maintain records of customer identification and transaction history.
Transaction Monitoring and Reporting:
- Mandate the reporting of large cash transactions (e.g., over $10,000) to state authorities and the federal Financial Crimes Enforcement Network (FinCEN).
- Require the filing of Suspicious Activity Reports (SARs) for any transactions that appear unusual or potentially related to money laundering.
Recordkeeping Requirements:
- Require gaming operators to keep detailed records of all financial transactions, customer information and internal investigations for a specified period (often 5 years).
Employee Training:
- Mandate regular AML training for all gaming employees to recognize and report suspicious activities.
Internal Controls and Independent Audits:
- Require casinos to implement robust internal controls to detect and prevent money laundering.
- Conduct regular independent audits of AML compliance programs.
Regulatory Oversight and Enforcement:
- Establish a dedicated regulatory body or empower the existing Gaming Commission with investigative and enforcement authority, including the ability to impose penalties for noncompliance.
- Require immediate reporting of any enforcement actions or violations in other jurisdictions.
Cashless Gaming and Payment Controls:
- Encourage or require the use of cashless payment systems to reduce the risks associated with large cash transactions.
Cooperation with Law Enforcement:
- Facilitate information sharing between gaming operators, state regulators and law enforcement agencies.
The Wyoming State Bar’s Annual Meeting and Judicial Conference provides both in-person and virtual registration, allowing members to earn a year’s continuing legal education (CLE) requirements in three days of attendance. In 2024, the conference had 784 registrants and 316 in-person attendees.
