Case 2:25-cv-00978-APG-BNW Document 75 Filed 09/15/25 Page 3 of 20
comprehensive federal regulatory framework for tribal gaming, including a mechanism for tribes
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and states to negotiate compacts governing Class III gaming, such as sports betting, subject to
federal approval. See 25 U.S.C. §§ 2702, 2703(8), 2710(d)(3).
IGRA is intended to balance state, federal, and tribal interests. Chicken Ranch Rancheria
of Me-Wuk Indians v. California , 42 F.4th 1024, 1032 (9th Cir. 2022). Some states have
negotiated compacts wherein tribes are the exclusive operators of certain types of gaming within
the state. E.g. , Artichoke Joe’s v. Norton , 353 F.3d 712, 718 (9th Cir. 2003). This delicate balance
of federal, tribal, and state interests has allowed tribes to generate substantial gaming revenue,
which directly funds important tribal government services that benefit tribal citizens.
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North American Derivatives Exchange, Inc. (“Crypto.com”) unlawfully and unfairly
entered into the gaming market, which adversely impacts tribal gaming revenue and infringes upon
the benefit of tribes’ bargained-for compacts. Additionally, by offering its so-called sports event
contracts under the guise of commodity trading pursuant to the Commodity Exchange Act
(“CEA”), Crypto.com impedes tribes’ inherent sovereign right to regulate gaming activity on
Indian lands. Contrary to Crypto.com’s arguments: (1) the CEA does not exclusively govern its
gaming-related sports event contracts; (2) such contracts are expressly prohibited by the CEA and
Commodity Futures Trading Commission’s (“CFTC”) own regulations; and (3) federal, state, and
tribal gaming laws (including IGRA), therefore, apply to and govern its sports wagering activity.
Because Crypto.com has failed to establish that it is entitled to judgment as a matter of law,
this Court should deny Crypto.com’s motion for judgment on the pleadings.
I. IGRA Governs Crypto.com’s Sports Betting Conduct on Indian Lands A. Crypto.com’s sports event contracts constitute “Class III Gaming” under IGRA IGRA advances the longstanding federal policy of promoting and sustaining tribal self- sufficiency. See 25 U.S.C. § 2701(4). In this regard, IGRA has been incredibly successful. 2 The revenue generated by tribal gaming supports thousands of jobs in hundreds of communities, and
2 See, e.g. , Nat’l Indian Gaming Comm’n, FY 2023 Gross Gaming Revenue Report 4–5 (July 2024), available at https://www.nigc.gov/images/uploads/GGR23_Final.pdf.
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