Kelly B. Shaw

Update on the sports gambling investigation that rocked Iowa and ISU Athletics. Attorney Van Plumb is requesting that the State provide requested discovery as well as additional discovery after the deposition of DCI Special Agents on 1/19/24. The motion filed today lays out how the attorney alleged the investigation began: “The State’s argument that “DCI agents began to identify irregular online/mobile sports wagering activity originating from state organizations that regularly participate in sanctioned sports wagering contests” was actually the result of Special Agent Brian Sanger conducting a warrantless search on Iowa and Iowa State’s campuses.  Special Agent Brian Sanger was given access to a tool that can invade people’s privacy. He initially used Kibana to place a warrantless GeoFence around a freshman/sophomore dorm at the University of Iowa to investigate underage gambling without any tips, complaints, or evidence that underage gambling was occurring.  The use of Kibana allowed him to see that online betting applications were opened in the dorms but the software did not allow him to determine if bets were actually being made. The other information he was able to see was the account numbers associated with the applications which did not contain identifying information about who was using the account. Special Agent Sanger approached his superior Troy Nelson and Assistant DCI Director Jobes to ask for permission to continue the investigation. He was told no.   “Special Agent Sanger then decided to target an athletic facility at the University of Iowa because it was a stand-alone facility with restricted access to athletes, coaching staff and support personal. Again, this was done without a warrant, tips, complaints, or evidence that illegal gambling was occurring.   “Special Agent Sanger identified the same information he had in relation to the dorm. He consulted his team of Heather Dunow, Phil Kennedy, Chris Atkins, and Chris Swigart to discuss continuing the investigation and again approached Special Agent Troy Nelson and Assistant Director Jobes who gave him the green light to continue the investigation.   “Without reasonable cause the team of Special Agents targeted more facilities as well as began requesting subpoenas to obtain account information on hundreds of private citizens private information which was also without reasonable cause.     “The result was the indictment of a handful of Iowa’s Student Athletes even though the privacy of hundreds had been invaded.     “During Special Agent Sanger’s deposition on January 19, 2024, he stated that he cannot remember why he decided to conduct the warrantless searches but that he was concerned about things such as people infiltrating Iowa’s sports team to gain insider information or match fixing.   “Special Agent Sanger also stated that only those Athletes that had used an account registered to a different person were charged and that those who had gambled in an account in their names were handled administratively. The Defense has received information that indicates this is not true and that in fact, there is a possibility that only high-profile athletes were targeted when charges were filed in the fall of 2023.” – at Des Moines, IA