It’s been about one month since the NHL suspended its first player for violation of the league’s gambling rules. Shane Pinto of the Ottawa Senators was suspended for 41 games for “activities related to sports wagering”.1 At the time of the announcement, the NHL disclosed that Pinto did not bet on NHL games, however, few details of Pinto’s specific gambling activities have been released since that time. Some journalists have claimed that Pinto had a connection with a third-party proxy bettor, an issue with his account was initially flagged by one of the NHL’s betting partners, and the league’s investigation began over the summer,2 but this is about as many details that have been publicly released about the suspension. The public will likely remain in the dark surrounding the exact circumstances of the investigation and suspension since the suspension was the result of a negotiated settlement between Pinto and the NHL (which supposedly included a confidentiality clause).3
Given the vague nature of Pinto’s suspension, we examined the gambling rules from four major North American sports leagues (the “Big 4”) to understand what restrictions are in place for players across the Big 4 and the penalties for violations.
1st Quarter – NHL
The NHL has by far the least (publicly available) comprehensive gambling policy out of the Big 4. The NHL’s gambling policy is outlined in its collective bargaining agreement (“CBA”) and is a total of 7 words. Exhibit 14 of the CBA outlines the “Form of Standard Club Rules”, which is a general code of conduct that players must follow such as attendance, dress codes, curfews, and how to treat media members. As it relates to gambling, Exhibit 14 states “Gambling on any NHL Game is Prohibited”.4
That’s it. That’s the only mention of gambling in the NHL’s CBA.
Violations of Exhibit 14 Standard Club Rules state that a Player’s initial violation cannot exceed fines in the amount of $250.00 USD for first-time offences or $500.00 for subsequent offences.5 So why did Pinto get 41 games?
It was reported that in March 2022, NHL commissioner Gary Bettman sent a memo to NHL teams and club personnel that specified “wagering on any NHL game, even where gambling is legal, will constitute conduct that is dishonourable, prejudicial to, or against the welfare of the League or the game of hockey”.6 The memo reiterated the penalties that are outlined in Article 18-A of the CBA for players that engage in dishonourable or prejudicial conduct, which are:7
Expulsion or suspension for a definite or indefinite period;
Cancelling any contract that such individual may have; and/or
Imposing a fine.
Even though gambling is barely mentioned in the CBA, it’s clear the NHL has broad abilities to discipline players for “improper gambling activities”, whether this is betting on NHL games, using a proxy-betting system, or anything the league otherwise deems to be “improper”. Remember – the NHL disclosed that Pinto did NOT bet on NHL games, so, until more specific gambling policies become codified in the next version of the CBA or in a formal gambling policy, it appears that any form of gambling by NHL players runs the risk of being considered as conduct that is dishonourable, prejudicial to, or against the welfare of the League.
2nd Quarter – NFL
On the complete opposite end of the spectrum, the NFL has been the most active out of the Big 4 when it comes to handing out gambling suspensions. In total, 14 players have been suspended for gambling-related infractions, 11 of which have been handed down since 2019, and 9 this year alone.
The NFL released a gambling policy in 2018 which has been updated as recently as September 25, 2023.8 We were not able to obtain a full copy of the updated gambling policy, however, it was reported that the new rules and penalties for players are as follows:9
NFL-related bets from team facilities will be punishable with at least a one-year suspension for a first violation, and at least a two-year suspension for bets made on a player’s own team.
Anyone found to be “fixing” or “attempting to fix” games in order to win bets will be issued a permanent ban.
Anyone found to be providing inside information or “tipping” to aid bets will face an indefinite suspension, with a minimum suspension of one year.
Non-NFL sports bets from the workplace will result in a two-game suspension for a first violation, a six-game suspension for a second violation, and a one-year suspension for a third violation.
Considering the NFL is reported to be the sport that is most popular to gamble on in the United States,10 it makes sense for the league to have specific penalties for gambling violations by its players and personnel. As well, the NFL’s gambling rules uniquely prohibit and impose penalties for gambling “within the workplace”, which includes team locker rooms, practice facilities, hotels, or while travelling on Club or League business.11 Notably, the NFL is the only sport out of the Big 4 to prohibit gambling on non-league sports – I wonder if it’s pre-emptive because of football’s betting culture, or if there were existing concerns of players using betting apps within the workplace. If anyone can put us in touch with Roger Goodell to get to the bottom of this, please let us know.
3rd Quarter – MLB
Major League Baseball was the first of the Big 4 to get hit by a major gambling scandal. In 1921, eight players from the Chicago White Sox were banned from the MLB for their involvement in fixing the 1919 World Series.12 Ten more players would be banned for gambling by 1944.13 Depending on how deep into the MLB’s history books you look, you may be able to find up to a dozen more players and figures banned or suspended for some sort of gambling violation prior to 1920.
Suspensions for gambling then stalled for around 45 years until 1989 when Pete Rose was found guilty of betting on the Cincinnati Reds while he was employed as the teams’ manager, resulting in a lifetime ban.14 A gambling-related suspension was next handed out in 2021, when minor leaguer Peter Bayer was placed on the ineligible list (despite never playing an MLB game) for placing more than 100 bets on MLB games between May and August 2020.15
When the league announced Bayer’s suspension, it cited that Bayer was in violation of both MLB’s League Rule 21 and MLB’s Policy on Sports Betting.
Rule 21 states:16
Any player, umpire, or Club or League official or employee, who shall bet any sum whatsoever upon any baseball game in connection with which the bettor has no duty to perform, shall be declared ineligible for one year.
Any player, umpire, or Club or League official or employee, who shall bet any sum whatsoever upon any baseball game in connection with which the bettor has a duty to perform, shall be declared permanently ineligible.
Any player, umpire, or Club or League official or employee who places bets with illegal bookmakers, or agents for illegal bookmakers, shall be subject to such penalty as the Commissioner deems appropriate in light of the facts and circumstances of the conduct.
Additionally, the most recent publicly available MLB Policy on Sports Betting (2019),17 provides additional prohibitions, specifying that “Baseball Personnel” (which includes players, minor league players or employees of a team) cannot:
Bet on any professional or amateur baseball or softball games or events (such as home run derbies, skill competitions, or all-star games);
Ask others to place bets on their behalf;
Participate or assist in baseball-related fantasy games.
The Policy does allow Baseball Personnel to place bets on sports other than baseball or softball (including fantasy games) in jurisdictions where betting is legal. However, I find this somewhat surprising given baseball’s deep history of gambling-related issues. As well, during the 2022 season, non-baseball related betting did reach its way onto the field, when Cincinnati Reds Outfielder Tommy Pham assaulted (it was a slap – but still technically assault) San Francisco Giants Outfielder Joc Pederson over a fantasy football feud.18
4th Quarter – NBA
The NBA’s history with gambling is unique for a few different reasons.
First, no player in the modern NBA has been suspended for gambling on NBA games. During the 1953-1954 NBA season, Jack Molinas of the Fort Wayne Pistons was suspended for gambling on NBA games.19 Other players in the 1960s – Tony Jackson, Doug Moe, and Roger Brown – were banned from the NBA due to their involvement in a college gambling scandal during their time as college basketball players, but not for their involvement with gambling at the NBA level. Since this time, there hasn’t been an NBA player suspended, permanently or temporarily, for gambling violations.
Second, there were rumours that the greatest basketball player of all time, Michael Jordan, retired for the first time due to his gambling habits. Jordan was famously seen in Atlantic City late at night before a semi-final game in 1993, and there were rumours that his father’s murder was due to Jordan having bad gambling debts.20 Former NBA Commissioner David Stern denied these rumours, but it was still notable that the face of the league was so open about his love of gambling when it was still seen as taboo, especially in light of Pete Rose’s ban from the MLB just a few years earlier.
Lastly, the most notable instance of gambling in the NBA came not from a player, but instead from a referee – Tim Donaghy.21 In 2007, Donaghy admitted to the NBA after an FBI investigation that he had bet on NBA games, including games that he officiated between the 2003 – 2007 seasons.22
Ultimately, Article 35(f)23 of the NBA constitution states: “Any Player who, directly or indirectly, wagers money or anything of value on the outcome of any game played by a Team in the league shall, on being charged with such wagering, be given an opportunity to answer such charges after due notice, and the decision of the Commissioner shall be final, binding and conclusive and unappealable.”
Similar to the NHL’s policy and penalties for gambling activities, the penalty for a gambling offence by players on league games is “within the absolute and sole discretion of the Commissioner and may include a fine, suspension, expulsion and/or perpetual disqualification from further association with the Association or any of its Members”.
Overtime
Gambling has become such a huge part of the sports industry, as it’s literally impossible to avoid some sort of gambling promotion whether on broadcast or in person – at least 3 different sportsbooks had some sort of logo placement at the Scotiabank Centre for the Toronto Raptors game this past Friday. As new sports gambling laws continue to be passed across North America, it will be interesting to follow the development of gambling policies across the Big 4. Will leagues adopt policies like the NFL where players will start to be penalized for any betting activity at team facilities? Will leagues start to restrict all minor league players from betting on the major league level like in the MLB? Or will leagues start to become more lenient due to regulations being relaxed? Only time will tell. If you would like to talk about the sports gambling laws in your jurisdiction and how they could impact your business, please don’t hesitate to reach out to GME Law.
1 National Hockey League (“NHL”) Public Relations, NHL Suspends Shane Pinto for 41 Games for Violating League Sports Wagering Rules, October 26, 2023.
2 Chris Johnston, Inside details about the Shane Pinto suspension and what comes next, The Athletic, October 27, 2023.
3 Ibid.
4 NHL, Collective Bargaining Agreement between National Hockey League and National Hockey League Players’ Association, September 16, 2012 – September 15, 2022 (“NHL CBA”), at Exhibit 14, Section 12.
5 Ibid at Exhibit 14, Note 1.
6 Elliot Freedman, Senators’ Pinto suspended 41 games for violating NHL gambling rules, Sportsnet, October 26, 2023.
7 NHL CBA at Article 18-A.
8 Cody Benjamin, NFL updates Gambling Policy, CBS Sports, September 29, 2023.
9 Ibid.
10 The NFL is the Most Popular Sport to Bet On, Variety, January 4, 2023.
11 NFL Gambling Policy, NFL Communications, 2018, at Section 2(6).
12 Kensaw Landis, Baseball Hall of Fame.
13 Ibid.
14 Kevin Spain, MLB’s Permanently Banned List, USA Today, November 21, 2017.
15 Stephen Nesbitt, Ex-Minor Leaguer Remains Banned by MLB for Betting on Baseball, the Athletic, February 27, 2023.
16 Rule 21, Major League Baseball Rules.
17 Commissioner Robert D. Manfred, MLB Policy on Sports Betting, Office of the Commissioner of Major League Baseball, February 15, 2019.
18 Jacob Camenker, Why Did Tommy Pham slap Joc Pederson? Explaining the start of the never-ending fantasy football feud, The Sporting News, June 24, 2022.
19 Hal Block, Its History Tarnished, Basketball Stays on Defensive Regarding Point Shaving, The Washington Post, May 4, 1990.
20 Ziv Chen, Casino.org, A Brief History of Michael Jordan’s Gambling Habits, February 15, 2023.
21 Scott Eden, How former ref Tim Donaghy conspired to fix NBA games, ESPN, July 9, 2020.
22 Ibid.
23 National Basketball League, National Basketball Association Constitution and By-Laws, September 2019.
