What we learned from Spectrum Gaming’s Evolution report

Evolution’s ongoing defamation case against intelligence firm Black Cube in the New Jersey Superior Court is being keenly watched by the entire gaming sector.

The case dates back to 2020 when Playtech allegedly engaged Black Cube to conduct an investigation into Evolution’s activities in prohibited and unlicensed markets. 

The investigation, which included secretly recorded interviews and conversations with Evolution staff members and other whistleblowers, was followed up with a damning report accusing the supplier of knowingly providing its services in sanctioned jurisdictions.

In April, court documents showed that Evolution had sought to add Playtech to the case.

While Playtech has backed its Black Cube investigation Evolution slammed it as a “smear campaign”, and has strongly refuted the claims made, citing them as “highly inflammatory and knowingly false”.

As the case rumbles through court, a key piece of evidence, meant to support Evolution’s defence was a report carried out by specialist gaming advisors Spectrum Gaming Capital. It analysed Evolution’s operations and was meant to counter the damning Black Cube report.

However, until very recently the report was kept confidential by Evolution, as it contained commercially sensitive material, the supplier said.

But this week the 2022 report was released in full by the court. Playtech, for its part, has celebrated a number of findings in the document, which it says supports and corroborates findings from Black Cube.

Notably, the Spectrum report does acknowledge that Evolution did not knowingly allow games in prohibited territories, however, it has also flagged a number of compliance issues, which resulted in its games being provided in markets where online gambling is, or has been, prohibited.

Here are some of the dossier’s key findings, some of which raise questions around Evolution’s compliance operations during the period assessed.

Evolution games were available in UAE, Singapore, Hong Kong

Within the initial pages of its lengthy August 2021 report, Spectrum Gaming explains it carried out an extensive technical, operational and compliance review of Evolution’s “business practices, public record database research and an assessment of the company’s anti-money laundering compliance procedures and processes, as they related to the allegations contained in the ‘anonymous report'”.

Tests carried out using a VPN to access banned markets found Evolution’s games had been available to players in the prohibited jurisdictions of UAE, Singapore, Hong Kong and Saudi Arabia.

However, further tests found that while using a VPN, Spectrum could not access Evolution’s games in the sanctioned markets of Iran, Sudan and Syria, despite claims to the contrary made by Black Cube in its prior report.

“When we attempted to play games in those locales using VPNs, we were repeatedly denied access,” Spectrum states. It therefore said it found the allegations linked to these countries were “unsupportable and lacking credibility and proper foundation”.

Evolution’s compliance procedures ‘need to be improved’

Spectrum found that BitCasino.com and Stake.com were knowingly offering its games in these banned markets, which were specifically prohibited within their contracts with the supplier.

These sites were found to be connected to Evolution clients, B2B aggregators Hub 88 and Babylon.

“Our investigation revealed certain clients had allowed for Evolution’s game content to be provided on their online gaming websites in clear violation of their contracts, which expressly prohibited such game play in specified regions,” the report states.

Spectrum blames Evolution’s “ineffective complaince procedures”, noting these activities appeared to go undetected by the supplier.

“In our judgment, Evolution’s ineffective compliance procesures have allowed these situations to develop and therefore need prompt reevaluation and enhancement in order to comply fully with the terms of the contracts,” the report reads.

“Evolution may be unwittingly susceptible to having its games played through third-party operators, in violation of its contracts…”

The firm goes on to confirm that Evolution had therefore received income from these unauthorised activities.

“Such operations, albeit not purposeful, may impugn the company’s reputation and potentially subject Evolution to heightened regulatory scrutiny and the imposition of sanctions,” the report continues.

In the dossier, Spectrum unpacks Evolution’s review and vetting processes for potential clients. At the time of the report, Evolution required clients to provide certification of the beneficial ownership of 25% or more of the company. But Spectrum says it was not using “a viable process” as some documents provided by companies could be inaccurate.

“If red flags become known to Evolution during this onboarding process, Evolution should either determine not to do business with the company or undertake enhanced due diligence to resolve the red flags before engaging in business with the company,” Spectrum advises.

Spectrum downplays Black Cube staff interviews

Within its investigation Black Cube named a number of Evolution employees which it had interviewed and reported to have provided information on the company that supported the intelligence firm’s claims.

An interview carried out by Black Cube with CEO of games developer Ezugi Kfir Kugler had allegedly confirmed that Evolution knowingly provided games in markets sanctioned by the New Jersey Division of Gaming Enforcement.

Spectrum conducted follow-up interviews with these employees who had “provided derogatory information relating to Evolution’s business practices”.

It said all interviewees had cooperated fully and some of them had “virtually little or no familiarity with the allegations contained in the report, as their job responsibilities fall outside the scope of these matters”.

Kugler told Spectrum “it was never his intention to provide incriminating information”. He said he had felt duped by Black Cube, and noted the person he had met with had disappeared after the report was released. He believed they had used a fake identity.

“Kugler’s position is that Evolution does not supply games to Iran. He stated that “I know we have players in Dubai”, Spectrum notes, in response to Black Cube’s claims.

Evolution’s operator partners had accepted crypto wagers

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.

“Spectrum notes that Evolution relies upon its clients to develop and implement these additional AML and KYC procedures. Further, Evolution does not review the operator’s compliance with this requirement of enhanced due diligence,” the report says of Evolution’s compliance processes for preventing the use of virtual currencies.

The full Spectrum Gaming Capital report can be accessed here.