An attorney for former Iowa State players accused of illegal sports betting accused the state of launching a “warrantless” investigation in 2023 targeting Iowa State and University of Iowa athletes “without reasonable cause,” prompting some would lose their remaining NCAA eligibility.
In a motion filed Monday, attorney Van Plumb, who represents former Iowa State football players Isaiah Lee and other defendants in the sports betting investigation, cited recent depositions with agents from the Iowa Division of Criminal Investigation. that describe how the investigation began. Fifteen Iowa State and Iowa athletes, primarily football players, were charged last summer, primarily for placing sports bets on FanDuel or DraftKings under someone else's account. Several of the athletes have pleaded guilty to a reduced charge of underage gambling.
The motion claims that Brian Sanger, special agent with the Iowa Division of Criminal Investigation, gained access to a software tool called Kibana that allowed him to view the use of online gambling applications at certain facilities through a “GeoFence.” Sanger allegedly first used the software to evaluate underage gambling in a dormitory of freshmen and sophomores at the University of Iowa, but was eventually told he could not continue the research.
Only after Sanger allegedly used the same software to place a GeoFence around an Iowa sports facility, restricted to athletes, coaches and staff, did he receive “the green light to continue the investigation,” the motion states.
“The result was the indictment of a handful of Iowa student-athletes even though the privacy of hundreds had been invaded,” the motion reads. “During Special Agent Sanger's deposition on January 19, 2024, he stated that he does not remember why he decided to conduct the warrantless searches, but that he was concerned about things like people infiltrating the Iowa sports team to obtain inside information or fix matches.”
A similar GeoFence was placed around Iowa State athletic facilities, ultimately leading to the athletes being charged.
The Iowa and Iowa State athletes faced charges of tampering with records (for allegedly falsifying information used to register accounts on mobile sports betting apps) or underage betting. Lee, ISU's starting defensive lineman, left the team in August after being accused of tampering with records. Among the 115 bets he placed on a mobile app, 12 were on Iowa State football games.
The motion filed Monday, seeking discretionary discovery, claims that Sanger and a team of DCI agents acted “without reasonable cause,” noting that no warrant, complaint or information about illegal gambling had been obtained before beginning the investigation. Plumb's filing also challenged Sanger's claim in her deposition that only athletes who bet on accounts registered in other people's names were subject to criminal charges.
“There is a possibility that only high-profile athletes were targeted when charges were filed,” the motion states.
