The lawsuit brought against FanDuel by the former Jacksonville Jaguars executive who embezzled more than $20 million from the team is headed out of court.
A judge in the Southern District of New York has compelled arbitration for the $250 million lawsuit against FanDuel for allegedly worsening the gambling addiction of Amit Patel, the Jaguars’ former manager of financial planning and analysis, by enticing him with gambling credits and gifts.
U.S. District Judge Vernon S. Broderick last Thursday granted FanDuel’s motion that Patel’s lawsuit be stayed pending arbitration. Unlike a court proceeding, arbitration is a private dispute resolution forum bound by confidentiality restrictions and overseen by an arbitrator. This differs from public litigation, which can involve a jury and create evidence and testimony that can become available to anyone.
Even if there is credible evidence that a gambling company tried to exploit a gambler’s addiction, that evidence might not be enough to win a gambler’s lawsuit against that company. However, it could still generate negative publicity; pretrial discovery in litigation can also lead to disclosures of marketing strategies, product development and other materials that could be trade secrets and proprietary information. In arbitration, those disclosures are much less likely to occur due to confidentiality provisions.
Judge Broderick highlighted that Patel agreed to arbitration in accepting the terms of use required to play daily fantasy sports and to place bets with FanDuel. Those terms included various warnings in all caps, such as “IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS” and “PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.”
In 2024, a federal judge in Florida sentenced Patel to six years and six months in prison after he pleaded guilty to committing wire fraud and engaging in an illegal monetary transaction. In his job with the Jaguars, he administered the team’s virtual credit card program. He oversaw vendor payments and purchase orders, and he exploited his role to make fraudulent purchases and then used false entries to mislead the team’s accounting department.
Patel’s scheme to defraud included duplication of charges for catering, airfare and hotels and inflation of dollar amounts for legitimate transactions. Prosecutors said Patel used his ill-gotten gains to buy a condo, a Tesla, a pickup truck, sports memorabilia and luxury items.
He’s not the only team executive in a major pro league who used accounting deception to steal from his team. Last month, former Atlanta Hawks senior vice president of finance Lester T. Jones Jr. was sentenced to prison for a scheme in which he defrauded the Hawks of more than $3.7 million by submitting fictitious and altered business expense invoices.
Patel pleaded guilty to crimes and thus accepted criminal responsibility for his actions, but he blames FanDuel for “preying on” him and luring him with “FanDuel credits and lavish gifts”—so much so that he gambled more than $20 million with FanDuel from 2019 to 2023. Patel’s complaint against FanDuel includes claims for negligence, intentional infliction of emotional distress, conspiracy, and deceptive and unfair trade practices.
Patel claims his bets involved making approximately 1,077 deposits into his FanDuel account, each worth $25,000. FanDuel, according to Patel’s account, knew his deposits were “suspicious” but “intentionally disregarded these suspicions to ensure that [Patel], whom they knew to be an addicted gambler, continued depositing and gambling in high amounts and frequencies.”
He also contends FanDuel designated him as a VIP, an exclusive, invitation-only status on account of him being a high-volume bettor, and that he communicated as often as 100 times a day with a FanDuel VIP account manager, who allegedly “contacted Patel to ask why he was not gambling that day.”
In addition, Patel contends FanDuel gave him $1.1 million in FanDuel credit “that he could use to continue gambling,” and gifted him with all-expenses-paid trips to the Masters, Super Bowl and other major events.
Patel attempted to dissuade Judge Broderick from imposing arbitration by asserting that FanDuel’s interpretation of arbitration is tantamount to “infinite arbitration.” That expression means an arbitration clause so expansive it compels consumers to resolve any claims through arbitration even if those claims are unrelated to the arbitration agreement.
The indefinite arbitration argument came up short with Judge Broderick. He noted “there is no mismatch” between Patel’s claims and the arbitration agreement, especially since the terms of use concerned how Patel, as a consumer, gambled using FanDuel’s website, and that is the general topic of his lawsuit. The judge acknowledged arbitration provisions can be deemed unenforceable in cases involving wrongful death, pickpocketing and personal injury “where there is no nexus between the claims and the actual underlying arbitration agreement,” but those situations aren’t analogous to Patel’s, which centers on his “participation in FanDuel’s DFS games.”
The dispatching of Patel’s case to arbitration doesn’t necessarily mean he will lose, or that he would have won the case had it remained in federal court. In arbitration, Patel still has to prove his claims, which FanDuel can argue are frivolous. Along those lines, FanDuel can assert Patel, who is in his early 30s, is an adult who is responsible for his own actions.
Patel’s case is taking place as the Public Health Advocacy Institute at Northeastern University School of Law in Boston is leading Sage & Thompson v. DraftKings et al., a case in Pennsylvania that depicts sports betting as a public health crisis and asserts that microbetting negligently causes gambling addictions.
Last year, FanDuel agreed to pay the Jaguars about $5 million to compensate them for the money stolen by Patel to play FanDuel games. The payment was not compelled by any litigation but instead, ESPN reported at the time, was made “in the interest of being a good partner with the league.”