Evolution accuser remains mystery in 'black market' libel case
Online gaming software giant Evolution AB will have to wait to find out the identity of the author of a report it says is defamatory and has wiped $3 billion off its market value.
Evolution is suing the unnamed company, as well as the unnamed investigative firm that produced the report and Calcagni & Kanefsky (C&K). This is a report that a New Jersey law firm forwarded to the New Jersey Division of Gaming Enforcement (DGE) in November 2021 on behalf of its anonymous client.
The filing said Evolution provides games to operators operating in unregulated markets, including "prohibited terrorist countries such as Iran, Syria and Sudan."
Evolution denied the accusations, causing the Swedish company's share price to plummet 36% after the story was revealed.
A subsequent DGE investigation found "no evidence" that Evolution "sanctioned, promoted, approved or otherwise profited from content provided by the operator in markets that the New Jersey DGE considered to be prohibited jurisdictions."
Another investigation by Pennsylvania gambling regulators reached similar conclusions.
Mysterious Defendant
A New Jersey Supreme Court judge this week noted that more work needs to be done to determine whether the allegations in the report are true before Evolution can figure out exactly who it is suing.
This is because of the need to balance a solicitor's duty to avoid disclosing the client's identity with the claimant's right to obtain the information necessary to bring civil proceedings.
"While plaintiffs believe this matter is now resolved based on the findings of recent investigations by two gaming regulators, the court concludes that the limited investigation must continue and be completed," Judge John C. Porto wrote in a Next.io submission. .
The discovery includes upcoming testimony from C&K senior attorney Ralph Marra and senior partner Thomas Calcagni, which the firm's attorneys believe will prove the accuracy of the report .
Bet365 report also exists
It is understood that the report was commissioned by a US gaming operator with the motive of creating a level playing field in the US online casino market. It concluded that Evolution gained an unfair advantage through the business practices alleged in the report.
The anonymous company also commissioned a separate report aimed at similarly discrediting Bet365. The report has been prepared for release to the media and has been viewed.
When the Evolution case blew up, operators seemed to abandon this approach.
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Source: www.casino.org