Last year InsiderAdvantage was the first to report that the Georgia Lottery Corp. questioned the legality of fantasy sports games in the Peach State. Its Sept. 23 letter to the nation’s two major fantasy sports companies asked what “legal authority” they have to “independently operate fantasy sports games within the state of Georgia pursuant to Georgia law.” This week Attorney General Sam Olens gave an answer in a legal opinion: they are engaging in illegal gambling.

The letter by Georgia Lottery Corp. senior vice president and general counsel Joseph J. Kim reminded Nigel Eccles and Jason Robins, CEOs respectively of New York City-based FanDuel and Boston-based DraftKings, that “the Georgia constitution prohibits gambling generally and only allows certain games which are run by the state” (specifically, by the Georgia Lottery Corp. in order to fund the HOPE scholarship, pre-kindergarten and other educational programs). 

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