Evolution has said new evidence presented by Black Cube is an attempt to shift focus away from revealing the identity of its client, in a statement shared with NEXT.io.
The live casino giant argued the private intelligence agency’s 118-page affidavit, issued on Monday (11 August), provided no new substantial information from what had already been dismissed by two regulatory bodies and the New Jersey Courts.
The latest filing includes alleged secret recorded conversations with current and former Evolution executives that purportedly shows them detailing how their games made their way to prohibited jurisdictions.
The filing of the affidavit marks the latest twist in the contentious New Jersey legal battle between Evolution and a law firm that acted as the face of a 2021 report accusing the business of operating in prohibited jurisdictions and resulting in $10bn being wiped from its share price.
The New Jersey and Pennsylvania gaming regulators eventually closed their probes into the matter without action, with a state court this year ruling the report “lacks veracity,” and that the identity of the entities that commissioned and compiled it should be unmasked.
While the law firm revealed Black Cube was the investigative firm that compiled the report, first reported by NEXT.io, the identity of the client that commissioned it remains a mystery.
Black Cube’s client is rumoured to be a major online gaming supplier and Evolution competitor, according to NEXT.io sources present in internal investor meetings.
Evolution’s share price fell 8% on the Stockholm exchange after Bloomberg reported on the new affidavit.
The supplier has long claimed it has limited control over where its games are ultimately made available due to the widespread use of aggregators.
Evolution: we have ‘no interest’ in having our games in sanctioned markets
An Evolution spokesperson said: “First of all, let us be very clear: Evolution has no interest in having any of our games accessible in sanctioned markets and we are doing everything that we can to prevent that from happening. We are in the absolute technological forefront with industry-leading solutions to protect the integrity of our games.
“In this context it should however be noted that we are faced with challenges with cybercrime, illegal copying of our games and hijacking of our video streams, which we have pointed out in several of our financial reports over the past year.”
The B2B supplier added Black Cube filed a “false and defamatory” report against it to harm its business on behalf of its anonymous client.
The spokesperson continued: “The New Jersey Supreme Court has ruled that Black Cube cannot hide behind its lawyers and must face accountability for its unlawful conduct. The affidavit is just another try from Black Cube to shift focus away from the issue of revealing the name of its client.
“Following the 2021 false report, we have run through every data point, checking and evolving every compliance system, going to the bottom with every allegation. They have later been proven to be false and have been dismissed in court. There is really nothing substantially new as far as we can tell in the information [provided].”
The provider added it does not intend to comment on any individual statements from former or current employees.
What is Black Cube’s new evidence?
The affidavit, signed by Black Cube’s sole director Dr. Avi Yanus, details a multi-year investigation it undertook between 2020 and 2025 into Evolution.
This included surreptitiously recorded videos of Evolution employees stating the company’s products are available in prohibited jurisdictions and allegedly showing management has been misleading shareholders about the extent of the risk.
Yanus wrote: “In this affidavit, I explain why, in light of the evidence and the methods Black Cube used to collect and validate it, Black Cube had complete confidence in the truth of the Report when it was submitted to the New Jersey and Pennsylvania regulators; why Black Cube never harboured any doubts about its veracity; and why Black Cube continues to stand by the accuracy of its Report.”
The document also includes sections detailing the ability to create accounts, play games and withdraw winnings from Evolution games without the use of a VPN in prohibited jurisdictions.
“Because Evolution denied that the Report was true and filed this lawsuit alleging defamation, Black Cube determined to investigate further to assure itself that its findings were accurate. In this affidavit, I explain why the evidence gathered in that subsequent investigation only bolstered Black Cube’s confidence in the truth of our Report.”
Meanwhile, the case continues in the courts, where Black Cube is seeking to move the case to New Jersey’s Complex Business Litigation Program.
A Black Cube spokesperson told NEXT.io: “The affidavit submitted by Black Cube to the court today spans more than 120 pages and details extensive operations conducted over the past four years, utilizing HUMINT, OSINT, and investigative gambling techniques.
“This affidavit, accompanied by multiple exhibits containing many hours of video and audio recordings, proves beyond any doubt that our investigative report was accurate. It demonstrates that Evolution has willfully and knowingly allowed its games to be used in sanctioned countries and black markets, both before and after the report’s submission, and has misled the public, the court and regulators.
“Evolution’s aggressive attempt to suppress the truth through this lawsuit will fail. We stand firmly by the decisive evidence we have gathered and will defend it relentlessly in court and before all relevant regulatory bodies, committed to ensuring that the full truth comes to light.”