DraftKings offers new daily fantasy handicap contests! Simple straightforward daily fantasy contests with none of the time-consuming roster selection of regular daily fantasy contests! Simply pick your group of players, choose a handicap, and if another player likes the other side of your daily fantasy contest proposition and agrees to enter, if your players earn more daily fantasy points, collect your cash!
Contest A:
[List all Patriots players here] points scored
vs.
[List all Falcons players here] points scored +
Plus a handicap you choose!
I don't think you understand how laws really work.
There isn't clearly defined case law for every possible interpretation that delineates relevant tests/precedent/etc. One good way to go from "maybe legal" to "100% totally illegal" is doing what you just suggested.
Compare DK and FD if you want to understand what I'm talking about in terms of what I mean by debate.
I guess the real question is, suppose someone (such as a casino) tries this in NJ/PA or some state which wants to legalize, and pays off the relevant folks to ensure there is no state action. In all other aspects the business is run in a legitimate manner. At this point do the feds bother?
