The agency that oversees enforcement of Iowa gambling laws issued a statement Wednesday defending its investigation into sports bets placed by athletes in Iowa and the state of Iowa.
Defense attorneys for three former or current Iowa State athletes wrote in court papers filed last week that there was no probable cause for the searches into online gambling activities that resulted in criminal charges and loss of NCAA eligibility.
The state Department of Public Safety said in its statement that it believes its methods withstand legal scrutiny.
“The Department traditionally does not comment on active investigations or litigation in an effort to ensure these matters are appropriately addressed by our justice system rather than the media,” the statement said. “We believe the evidence was obtained in a constitutionally permissible manner. Ultimately, it is up to the courts to decide.”
Attorneys for former ISU football players Isaiah Lee and Jirehl Brock and wrestler Paniro Johnson wrote in discovery motions that special agents with the state Criminal Investigation Division, which is under the Department of Public Safety, acted inappropriately.
Lee, Brock and Johnson were among about two dozen Iowa State and Iowa athletes criminally charged. Each of those three faces one count of felony identity theft and one count of aggravated misdemeanor tampering with records. Former Iowa State football player Enyi Uwazurike, who faces the same charges as the other three in Iowa, is now with the Denver Broncos and was suspended indefinitely for betting on NFL games in 2022.
Most of the Iowa and Iowa State athletes who were charged pleaded guilty to underage gambling, paid fines, and had identity theft charges dropped. The identity theft charges arose from athletes registering accounts on mobile sports betting apps under different names, usually as family members.
Lee's attorney, Van Plumb, cited statements in which DCI special agents acknowledged placing a geofence around Iowa and Iowa State sports facilities that have restricted access and found evidence of open betting applications. Plumb said there was no reasonable cause for the search and that the athletes' privacy was invaded.
The Department of Public Safety said in its statement that the evolution of gaming has given rise to emerging technologies that help regulate the industry and enforce the law.
The statement cited an administrative rule that requires “bookmakers to implement location detection procedures to reasonably detect and dynamically monitor the location of a player attempting to place any bet” and notify account holders about the information being collected. and share.
The statement also cited a section of state code that requires sports betting licensees to “employ reasonable measures to prohibit coaches, athletic trainers, officials, players or other persons from participating in a licensed sporting event that is the subject of betting.” sports, place sports bets”. “.
The software programs helped identify anomalies that suggested suspicious or criminal activity that could undermine sports betting in Iowa and ensure regulatory compliance, according to the release.
“Prior to using the tools provided, the Department of Public Safety consulted with legal counsel to ensure legal access and use of the technology,” the statement said. “Two county prosecutors' offices also reviewed all relevant investigative information before making the final decision to file charges.”
Plumb, in an email statement, responded by reiterating that investigators lacked probable cause to monitor athletes' online activity because there had never been a complaint. Plumb noted that in a separate underage gambling case in Iowa, two teenagers admitted to using an adult gambling app to place bets before a warrant was issued.
“Comparing these two investigations raises legal questions about why they were handled differently by the same law enforcement agency,” Plumb wrote.
Plumb also noted that DCI Special Agent Brian Sanger acknowledged in a statement that he had no reasonable cause to initiate an investigation of the athletes.
Lawyers for the other defendants did not respond to requests for comment.
