Attorney: Investigators violated student privacy in Iowa sports betting probe

An attorney for two former Iowa State University football players charged with sports betting violations says Iowa investigators’ use of geofencing software on at least one public university campus amounted to a “warrantless search” that invaded students’ privacy.

A motion filed this week by Van Plumb, a Des Moines lawyer, says a deposition last week by Iowa Division of Criminal Investigation Special Agent Brian Sanger revealed new information about a probe that led to criminal charges against 25 people, including many student-athletes at ISU and the University of Iowa.

“Special Agent Brian Sanger was given access to a tool that can invade people’s privacy,” Plumb wrote.

The motion asks a Story County judge to force state agencies to turn over documents and other materials as part of the ongoing criminal case against Isaiah Lee, a former defensive lineman who left ISU days after being accused in August of wagering against his team. Plumb also is representing Eyioma Uwazurike, a former Cyclone football player now playing for the Denver Broncos who also is facing sports betting charges.

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Plumb said Sanger set up a virtual boundary, or geofence, around a UI residence hall. The software allowed Sanger to see if online betting applications were opened in the dorm and the account numbers in use, the motion states.

“He initially used Kibana to place a warrantless search 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,” Plumb alleged.

When Sanger asked his DCI supervisors if he could continue the investigation, they said no, according to the motion. Sanger then decided to focus on UI athletic practice facilities, which are restricted to athletes, coaches and support personnel. People in these positions generally are prohibited from wagering on sports.

Special Agent Troy Nelson and Assistant Director Dave Jobes gave Sanger permission to continue this investigation, the motion states.

“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 [sic] private information which was also without reasonable cause,” Plumb wrote.

In another motion filed in Story County, Christopher Sandy, an attorney representing ISU wrestler Paniro Johnson, charged with identity theft as part of the probe, said DCI Special Agency Mark Ludwick said in a deposition last week he felt misled by his supervisors. According to the motion, they initially said the sports betting probe was focused on sportsbooks, including FanDuel and Draft Kings, but the criminal charges were filed against student-athletes.

“Ludwick concluded that DCI conducted an illegal search of Iowa student-athletes and dozens of others’ personal online account information because the agency did not obtain a GeoFence Warrant as well as lacked reasonable, articulable suspicion to conduct such a search,” the motion states. “Special Agent Ludwick further testified that he is aware of numerous other Special Agents at the DCI who share the same belief and have refused to participate in this investigation.”

Asked Tuesday about claims, the DCI’s Jobes said he could not comment on the ongoing case. “DCI agents involved in the investigation act as witnesses, and it would be inappropriate to make any comments regarding legal filings or other court proceedings,” he said.

Isaiah Lee Motion by The Gazette on Scribd

GeoComply Solutions Inc., a Vancouver-based company, is a vendor licensed in Iowa and many other states to provide geolocation services to make sure bettors are located in the states where sports betting is legal and other anti-fraud services, according to its website. Kibana is an analytics tool that allows GeoComply users to visualize collected data.

Plumb asked in the motion to have access to policies and procedures put in place when GeoComply software is used "for law enforcement purposes instead of regulatory purposes.“

Although the motion alleges the DCI did “warrantless” searches, it also mentions information obtained through court subpoenas and search warrants.

For example, Plumb asked the court to require state officials to turn over a list of “hundreds of accounts” subpoenaed from FanDuel, Draft Kings or other sportsbooks as well as all information “obtained via a county attorney subpoena or warrant” for those accounts.

But the question of whether geofence warrants are legal is being considered by judges in other states. In April, the California Court of Appeals ruled a geofence warrant seeking information on all devices in several densely-populated areas of Los Angeles were unconstitutional, the Electronic Frontier Foundation reported.

The court said the warrant was too broad and did not place “meaningful restriction” on law enforcement officers to determine which accounts would be scrutinized, the foundation reported.

The DCI in October 2021 created a Sports Wagering Team of five special agents and one special agent in charge to address the rapid growth in sports betting in Iowa after it was legalized in 2019. In fiscal 2023 — when the Iowa and Iowa State investigation happened — the team had 204 cases related to sports wagering or other forms of internet gambling.

Comments: (319) 339-3157; erin.jordan@thegazette.com