New York delivers the biggest contingent of daily fantasy players, accounting for 12.8% of players, followed by California with 9.7% and Illinois with 6.7%, according to Eilers Research LLC, which tracks the gaming industry. A lawyer for DraftKings said last week that getting shut down in New York would be “a disaster for the company, its employees and investors.”
Kathleen McGee, chief of the attorney general’s Internet bureau, kicked off the hearing with a prepared opening statement in which she argued the attorney general’s main point: that because the outcomes of daily fantasy games involve the outcomes of sporting events, the presence of an element of chance puts them in the category of illegal gambling under New York law. Fantasy operators contend that the law requires games to have only some element of skill to be deemed legal.
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