Iowa athletes file federal lawsuit against DCI over sports betting probe – The Gazette

New Hampshire Gov. Chris Sununu shows his receipt after placing the first legal sports wagering bet on his mobile phone in Manchester, N.H., Dec. 30, 2019. (AP Photo/Charles Krupa)

Twenty-six current and former college student-athletes are suing the Iowa Division of Criminal Investigation based on allegations the agency violated their constitutional rights by doing a warrantless search that led to sports betting charges.

The federal lawsuit filed Friday says DCI agents illegally used geofencing software to pinpoint online sports wagering by student-athletes and searched student-athletes phones without search warrants.

The athletes mostly from the University of Iowa and Iowa State University are seeking compensation for humiliation, degradation, public ridicule, loss of personal reputation, and emotional distress as well as punitive damages.

Due to DCIs actions and/or failures to legally investigate the plaintiffs, the plaintiffs were all indicted and some convicted, severely upending their lives, collegiate careers, and future opportunities, said the 47-page lawsuit.

The plaintiffs are:

Most of these names have been reported in connection with a sports betting probe announced last spring. Some have faced criminal charges and NCAA penalties, while others have faced just NCAA penalties.

The DCI in October 2021 created a sports wagering team of five special agents and one special agent in charge to address the rapid growth in sports betting in Iowa after it was legalized in 2019. In fiscal 2023 when the Iowa and Iowa State investigation happened the team had 204 cases related to sports wagering or other forms of internet gambling.

The lawsuit alleges Special Agent Brian Sanger, who was part of the sports wagering team, reached out in 2021 to GeoComply Solutions Inc., a Vancouver-based vendor that provides geolocation services for enforcing sports betting rules.

Sanger wanted the special sauce used by GeoComply to collect data on sportsbooks and their users, the lawsuit states. The initial goal was to collect data as part of a joint operation with the State of Illinois investigating various fraud organizations.

GeoComply Senior Vice President Lindsay Slade suggested to SA Sanger that GeoComplys software could be used to assist in future investigations, telling SA Sanger, Perhaps its best we discuss on the phone to determine how to move forward, the lawsuit states.

After that call, Sanger wrote a report about why GeoComply should be licensed in Iowa, the suit states.

The Iowa Racing and Gaming Commission, which held the GeoComply license, was hesitant to let the DCI use geolocation software for some law enforcement purposes, but gave agents login credentials in September 2022, the lawsuit states.

GeoComply trainers showed DCI agents how to use Pindrop map, which could be used to locate hot spots of sports betting, the suit states.

Agents used the feature around the UI and ISU campuses, locating sports betting account numbers, according to this lawsuit and previous court filings. Agents then subpoenaed sportsbooks to get the names of account holders and used that information to file criminal charges against many of the plaintiffs.

Van Plumb, one of the lawyers who filed the lawsuit, said Friday they still want to learn more about GeoComplys role in what they allege were illegal searches.

Were not considering filing a lawsuit against them as yet, he said. That may change as we get into the discovery. Theres a lot more to learn.

Plumb said attorneys are withholding judgment on the Iowa Racing and Gaming Commission until after they have a chance to depose former administrator Brian Ohorilko, who left the commission in December to take a job with Prairie Meadows Casino in Altoona.

The DCI in January defended its use of the GeoComply software to enforce laws against underage gambling and against coaches, players and trainers from betting on sports.

Prior to using the tools provided, the Department of Public Safety conferred with legal counsel to ensure lawful access to and use of the technology, the agency said. Two county attorney offices also reviewed all relevant investigative information before making the ultimate decision to file charges.

We believe the evidence was obtained in a constitutionally permissible manner, the agency said in January. Ultimately it is up to the courts to decide.

The Story County Attorneys Office in March dropped charges against ISU student-athletes, saying the use of geofencing software exceeded its permitted use.

Comments: (319) 339-3157; erin.jordan@thegazette.com

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Iowa athletes file federal lawsuit against DCI over sports betting probe - The Gazette