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In court Friday, DOJ attorney Amber Dutton-Bynum argued that Scotts Valley could not meet the high threshold for irreparable harm required to secure an injunction. She maintained that the tribe knowingly chose to invest in the Preview Casino while its gaming status remained uncertain, as reported by Law360. Dutton-Bynum added that the modular buildings could easily be repurposed for non-gaming commercial uses if the prohibition stands.
Patrick Bergin, an attorney for Scotts Valley, rejected that argument, noting the difficulty of converting a site explicitly planned and built for gaming into something like an auto dealership.
Bergin also emphasized that the tribe had formally notified Interior twice about its launch timeline for the Preview Casino, providing regular progress updates without ever receiving a directive from federal officials to halt the project.
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Another claim made by Black Cube’s report was that Evolution had accepted wagers in virtual currencies and cash. Spectrum confirms that wagers were made by end users using crypto currencies, however it was the operator, and not Evolution accepting these bets.
After assessing part of a 75-page PDF spreadsheet of transactions provided by Evolution, Spectrum found crypto wagers had been placed on Evolution games provided by Hub88, as alleged by Black Cube.
Up to 1,124 occurrences of virtual currencies being used were discovered by Spectrum, which added up to 11.5% of the sessions included in the spreadsheet provided by Evolution.