The heart of the lawsuit brought by the state of New Jersey is centered around the Professional and Amateur Sports Protection Act (PASPA). PASPA was passed by Congress in 1992, and it was intended to stem the tide of sports betting. Sports betting that had existed prior to PASPA was grandfathered into legality, i.e. sports books in Las Vegas, but PASPA made it unlawful for any future State, its subdivisions, or private entities “to sponsor, operate, advertise, promote, license, or authorize by law or compact ... a lottery, sweepstakes, or other betting, gambling, or wagering scheme based ... on” competitive sporting events. This makes it sound like PASPA made it a crime for a state to legalize sports betting, but the funny thing is that it didn't. PASPA only allowed the Attorney General, as well as professional and amateur sports organizations, to bring civil actions to prohibit violations. And sue they did. New Jersey tried to legalize sports betting in 2012 and 2014, even going so far as to put language in the 2014 bill that narrowed sports betting "only to wagers on sporting events not involving a New Jersey college team or a collegiate event taking place in the State", but that was not good enough for the NCAA. They sued New Jersey under PASPA both times and won. New Jersey appealed to the Supreme Court after the 2014 decision, and the Supreme Court on ruled in favor of the State of New Jersey. Their reasoning was that PASPA violated the 10th Amendment, which states that the Federal Government cannot intervene in State Legislatures' decisions so long as they do not violate standing Federal Statutes, due to the ambiguity of what States were allowed to pass into law regarding sports betting. If you're really interested you can read the entire Supreme Court Decision here, but this decision has massive ramifications for the NCAA that will lead to only one conclusion if they continue to be steadfast in their defense of amateurism. Point shaving.
The idea that point shaving could be more prevalent in college
sports with the legalization of sports betting has been met with vehement
scoffing from those in the gaming industry. The idea has been passed off
as absurd, and that legalization will weed
out the shadier side of sports betting and allow legitimate businesses
to increase their already extensive policing apparatus for identifying point
shaving scandals. But why then put the language in the original bill that
wagers on New Jersey college teams, or college events happening in New Jersey,
would not be permitted? Because the state of New Jersey knew that
athletes making no money for an institution that makes billions would be ripe for
bettors to influence if their actions were legalized. The same people who
scoff at the notion of point shaving are leading the charge for college sports
to be put on the books for everyone to place bets, and therein lies the problem
for the NCAA. There are about 130 major college football teams and 351
basketball teams. Until now all legitimate betting had to go through Las
Vegas. The Supreme Court now gives license for all states to have sports
betting, and the NCAA now has some serious oversight issues on their hands.
The reasons that Las Vegas was
able to identify point shaving schemes in the past was they had a monitoring
system in place that was designed to notice irregularities with money coming in
on certain games. If there was a large sum of money coming in on Ohio
State vs. Michigan football that may not be as unusual as a large influx of
money for Akron vs. Eastern Michigan. That is how they were able to bust
point shaving scandals in the early to mid 90's. But now the influx of
money will increase everywhere, and the number of places those bets could be
placed could grow exponentially. A large increase in betting for an Akron
football game may be odd in Las Vegas, but it may not be in Ohio. Therein
lies the problem for the NCAA. They now have to worry that their almost
500 teams with tens of thousands of athletes will be susceptible to people
placing bets all over the country. And the bettors can now spread out
their bets over multiple areas. Hopefully legislatures think about
that when they develop their gambling laws, but now some nefarious entity
engaging in point shaving does not have to place $50,000 on one game in Las
Vegas and arouse suspicion. They could spread that out over multiple
states to gain the same amount of money and not raise any red flags at any one
casino. I know, that is assuming that they get the same line in all
places, but that goes to the point. There will be so much betting to
monitor that it is only a matter of time before the NCAA has a major point shaving
scandal on their hands. Think about how much money will be coming in on
things like the National Championship games in football and basketball, and all
the prop bets that surround those games. Is it unreasonable to think that
some bettor may offer money to a player in the National Championship to make
sure that there are no more than 10 three pointers made in the first half so he
can win his prop bet? Or maybe there is a bettor in Mississippi who got a
different prop bet and wants to make sure it pays off. The idea is that
betting will become so prevalent that it will be harder for casinos, especially
ones nascent in the realm of sports betting, to pick up on the irregularities
that are the initial indicators or point shaving scandals. This difficulty
will allow point shaving to occur, and it is only a matter of time before it
occurs on a grand stage a la the Black Sox Scandal. That is unless the
NCAA is willing to lay down the sword of amateurism.
The longer the athletes in the
NCAA don't get paid while the institution they play for, and now the fans that
come to see them, make billions of dollars off of their talents, the higher the
level of point shaving will occur. The NCAA has to see that the
legalization of sports betting all but eradicates the idea that amateurism is a
viable vessel for college athletes to take them on their journey through their
sport while keeping everyone's integrity intact. The NCAA should finally
look to paying these athletes in a manner that would hedge against the money
that could come in to try and fix their games. Give all schools a
percentage of the money that the NCAA makes and place it into an account that
cannot be accessed until they leave school. The NCAA could give incentives for students
to stay in school longer, get their degree, and maybe make it so that they can
only receive the money if they achieve a certain GPA upon their exit.
Whatever the solution is, the NCAA should be coming up with ideas on how to get
money to all of their athletes as quickly as possible. Because someone who has
$100,000 on Maryland -7.5 at home against Rutgers may want to purchase some
insurance on their 10 different bets they placed legally in 4 different
states. And with no compensation coming from the NCAA, they may find more
than one player willing to accept.
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