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Three months later, Judge Denise Cote ordered Papaya to pay Skillz $719 million in damages for poaching players from its skill gaming platform on the belief that Papaya had more players and therefore facilitated considerably faster peer-to-peer pairing times.

Papaya, headquartered in Israel, quickly secured a temporary stay of proceedings from the Tel Aviv District Court and filed a Chapter 15 petition with Delaware’s U.S. Bankruptcy Court. The Chapter 15 petition seeks to prevent Skillz from initiating collection efforts until its appeals play out.

Papaya concedes that it cannot immediately pay the $719 million judgment, arguing that allowing the company to pay the penalty over multiple years would “preserve … the rights of all parties.”

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It has addressed ongoing questions faced by operators regarding when it is reasonable to close accounts, withhold or return player balances, cancel bets, or redistribute tournament prizes deemed fraudulently obtained. 

Notably, it has also provided insight into the evidentiary standards French courts expect operators to meet before taking corrective actions that could be subject to legal challenge.

The regulator identified six key categories of fraud frequently encountered in online gambling. These included identity fraud, payment fraud and abusive chargebacks. It also covered in-game cheating, money-dumping and sporting event manipulation

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The report also cites brands targeting a specifically banned vertical or product within a jurisdiction as driving black market activity. While markets across Europe have many examples, one such flagged in the report is that iGaming remains illegal for licensed operators in France.

“The largest black market operators have scaled to create recognisable brands with traffic that can compare to domestically licensed operators,” the report’s authors wrote. “The top group of sites by common owner has a 12% share of traffic, while the largest single brand has 10%.”

Beyond offering crypto payment solutions, a number of black market operators are licensed in “light touch” offshore jurisidictions which use opaque offshore operating structures to help to obscure company ownership and make local enforcement against these companies complex, the report noted.