An Israeli private intelligence firm called Black Cube compiled the report accusing Evolution of operating in prohibited jurisdictions, but the ultimate commissioner remains a mystery.
Black Cube, founded in 2010 by former Israeli intelligence service officers, was the entity that produced the highly damaging report into alleged malfeasance by Evolution.
The law firm that has acted as the report’s public face, Calcagni & Kanefsky LLP (C-K), revealed this information after the New Jersey Supreme Court denied its appeal to block Evolution’s discovery requests.
This followed the New Jersey Division of Gaming Enforcement moving to close its investigation into the live casino giant after it found “no evidence that Evolution sanctioned, promoted, permitted, or otherwise materially benefitted from its content offered by operators in any market that the NJDGE considers a prohibited jurisdiction.”
However, the group that ultimately commissioned the report, widely rumoured to be an Evolution competitor, has not been unveiled, with C-K stating it does not know its identity.
In a letter to Evolution’s attorneys the law firm said: “C-K does not know the identity of the entity or individual who engaged Black Cube to perform the investigation on which the Report is based.
“C-K has asked Black Cube to provide that information and will supplement its interrogatories when Black Cube does so. C-K is aware of the identities of the below Black Cube employees and/or representatives who were involved with or participated in the investigation on which the Report is based.
“C-K has asked Black Cube to provide the identities of any other individuals who were involved with or participated in the investigation and/or the preparation of the Report. C-K will supplement its interrogatories when Black Cube provides that information”.
In response to being named, Black Cube told NEXT.io it stands by its investigation, and indeed has uncovered new evidence it intends to submit to courts and regulators.
Evolution responded to this by highlighting it has so far been vindicated by state gaming regulators and the New Jersey courts and arguing Black Cube is trying to shift the focus away from revealing its client.
Following the disclosure of Black Cube’s involvement, Evolution moved swiftly to seek sanctions against C-K, accusing the law firm of ongoing discovery violations and prejudicial delay.
Evolution move to force C-K’s hand
In a motion filed in Atlantic County Superior Court, Evolution argued that C-K had failed to comply with a 28 February court order.
While C-K disclosed Black Cube’s role after exhausting appeals, it continued to maintain that it does not know who hired the firm.
Evolution’s attorneys rejected that defence, pointing out that C-K had worked closely with Black Cube for years and should have secured this basic information long ago.
The business said: “During the past three years, Evolution has expended considerable time, effort, and money litigating the narrow issue of whether C-K needs to disclose the identities of the two anonymous defendants.
“Evolution won that fight, but it is a Pyrrhic victory until C-K fully complies with the Court’s Order. Under these circumstances, additional sanctions are appropriate to both compel compliance and deter future misconduct.”
They characterised the lack of disclosure as a deliberate attempt to obstruct discovery and prevent Evolution from pursuing its claims.
In their filing, Evolution’s attorneys asked the court to issue a further order compelling the disclosure of the anonymous client’s identity.
They also requested that C-K be required to certify under oath that it neither knows the client’s identity nor has the means to obtain it if Black Cube refuses to cooperate.
Additionally, Evolution urged the court to impose further sanctions, potentially including monetary penalties or findings of fact against the defendants, to break what it called an increasingly prejudicial delay.
With the ultimate source of the allegations against Evolution still hidden, the company said it could not properly pursue its lawsuit or clear its name.