E-FILED 2023 AUG 10 11 :07 AM JOHNSON - CLERK OF DISTRICT COURT

Defendant: OWEN RA fDALL O'BRJEN

CASE 0.: 2023009009
Page 1 of 4

INTI-IE
IOWA DISTRlCT COURT FOR JOHNSON COUNTY
s·1ATE OF IOWA
VS
Before the Presiding
OWEN O' BRIEN Judge or Magistrate
Defendant
Iowa District Court

DOD: - ssNtllllllt
Address: 328 E W ASHI:'lGTO r STREET APT 2934
IOWA CITY, IA 52240 Criminal N o. 2023009009

COMPLAINT

The Defendant, OWEN RANDALL O'BRIE

is accused of the crime of TAMPERING W ITH RECORDS,
in that the Defendant did, on or between the dates of 03/27/2021 - 12/08/2022, in Johnson County, Iowa, DID
KNOWINGLY AND INTENTIONALLY FALSI FY PERSONAL ELECTRONIC SPORTS WAGERING RECORDS
BY CONCEALING HIS PERSO AL IDE TITY l~ SAID RECORDS WITH THE ~TE T TO DECEIVE OR
CO CEAL A WRO GOOTNG KNOWING HE HA O O PRIVILEGE OR RIGHT TO DO SO,
in violation of Section 715A.S of the Iowa Criminal Code.

Signature
-t"'_
l _
Subscribed in my presence and sworn to before me this _ _
o
 E-FILED 2023 AUG 10 11:07 AM JOHNSON - CLERK OF DISTRICT COURT
Defendant: OWEN O'BRIEN
CASE NO.: 2023009009
Page 2 of4

STATE OF IOWA) ss. OWEN O'BRIEN

Johnson County)
AFFIDAVIT

The undersigned, being first duly sworn, states the following in support of probable cause to believe the offense
charged hereon has been committed and that the Defendant has committed it:
In 2018, the Professional and Amateur Sports Protection Act (PASPA), also known as the Bradley Act, was
judicially overturned by the United States Supreme Court. This landmark decision effectively eliminated federal restrictions,
allowing for the legalization of sports wagering. Consequently, individual states were granted the authority to legalize and
regulate sports wagering within their jurisdictions. Iowa joined this movement in May 2019, becoming the 11th state in the
nation to legalize sports wagering. Currently, there are nineteen licensed sportsbooks operating in the State oflowa.

In Iowa, authorized sports wagering operates within a framework defined by specific state laws, rules, and
regulations. Private companies offering sports wagering services must obtain a license to operate from the Iowa Racing and
Gaming Commission (hereafter referred to as IRGC). Licensed sports wagering companies are required to adhere to a
comprehensive set of regulations drafted by IRGC, which aims to ensure the integrity of gambling activities and facilitate
proper taxation (IAC 491-l3.1(99F)). IRGC is also responsible for approving the "Terms of Use" drafted by licensed sports
wagering companies, which establishes enforceable conditions for customers who utilize their wagering platforms. Licensed
companies are expected to make reasonable efforts to enforce procedural safeguards and prevent unacceptable and unlawful
activities on their platforms.

Iowa code chapters 99F and 99E detail several criminal prohibitions pertaining to sportsbook and fantasy sports
wagering. Persons under the age of 21 are prohibited from participating in gambling activities within the state. Individuals are
also prohibited from knowingly allowing someone under the age of 21 to place wagers in the state. Any actions that could
potentially manipulate or alter the outcome of a game or contest, thereby compromising the integrity of wagering lines, are
prohibited.

Iowa code Chapter 80.25A designates the Iowa Division of Criminal Investigation (DCI) as the primary criminal
investigative and enforcement agency for the purpose of enforcement of chapters 99D, 99E and 99F. Additionally, the DCI
routinely assists gaming authorities by investigating and reporting violations of gaming rules and regulations established by
the IRGC. As part of their regular duties, DCI agents also conduct background investigations on licensed gambling
companies and their operations.

All sportsbook operators have developed user terms that must be accepted by every customer during the account
registration process. To use services provided by the operator, all users must acknowledge they will abide by terms which
prohibit the following:

a) Wagering by a coach, athletic trainer, official, player, or any other individual participating in an authorized sporting event
where wagers are accepted

b) Wagering by a person employed (both paid or volunteer) in positions that involve direct contact with coaches, players,
athletic trainers, officials, athletes, or participants in an authorized sporting event where wagers are accepted.

c) Wagering as an agent or proxies for others.

d) Wagering in the sport that the customer is an athlete or an affiliated participant. This also includes professional or amateur
athletes, sports agents, coaches, team owners, team employees, referees, or league officials, and their immediate family
members.

e) Wagering by individuals under 21 years of age

In early 2023, an investigation initiated by agents with the Iowa Division of Criminal Investigation (DCI) uncovered
evidence of OWEN O'BRIEN conducting illicit wagering activities on the FanDuel sportsbook platform. Since December
 E-FILED 2023 AUG 10 11:07 AM JOHNSON - CLERK OF DISTRICT COURT
Defendant: OWEN O'BRIEN
CASE NO.: 2023009009
Page 3 of 4

2022, OWEN O'BRIEN has been a graduate assistant for the University of Iowa football program. Prior to this role,
O'BRIEN served as a student assistant for the Iowa football program.

OWEN O'BRIEN engaged in a scheme enabling O'BRIEN to disguise his identity and manipulate online/mobile
transactions to create the appearance that sports wager transactions conducted by O'BRIEN were made by his mother,
AUDRA O'BRIEN.

This deception enabled OWEN O'BRIEN to conceal his unlawful gambling activities from law enforcement and
other regulatory bodies.

His actions contravened various legal and regulatory frameworks, including:

A) Underage Gambling: OWEN O'BRIEN placed wagers while underage, in violation ofiowa's gambling laws. He
employed a proxy account registered in the name of his mother who was over the legal age of 21. O'BRIEN turned 21 on
March 29, 2023. O'BRIEN conducted over 350 mobile/online sports wagers collectively totaling over $3,047 while under
the legal age for sports wagering.

B) Violation oflicensed Sportsbook User Terms and Conditions: OWEN O'BRIEN's wagers on FanDuel also violated
the platform's User's Terms, as well as rules and regulations administered by the Iowa Racing and Gaming Commission.
FanDuel explicitly prohibits individuals from signing up for an account while underage or utilizing the service under
another's name.

C) Unfair Wagering and Conflict ofinterest: OWEN O'BRIEN placed bets on games and events sponsored by the
NCAA. He placed eleven wagers on University of Iowa athletic events, including three wagers on Iowa football events
during the 2022 season while working for the Iowa Football program. This raised concerns regarding unfair wagering
advantages, potential access to insider knowledge of athletic participants, and the potential for collusion-related activities.

D) Tax Implications: OWEN O'BRIEN's fraudulent activities also shielded him from potential state and federal tax
implications. By concealing his identity during his sports wagering transactions, any tax responsibilities would fall on the
stand-in's name listed on the account.

When placing wagers on the FanDuel platform, an individually unique "Wager Identifier" digital record is
generated. This number is a digital record utilized by FanDuel to distinguish one wager from all others. Each wager placed
by FanDuel generated a "Wager Identifier" digital record. Each "Wager Identifier" identified below correspond to a specific
timestamped wager placed by O'BRIEN. The "Wager Identifier" listed are not all inclusive of O'BRIEN's sports wagering
activity; however, they all meet the following conditions:

1) Wagers routinely and consistently placed from OWEN O'BRIEN's personal iPhone.

2) Wagering transactions that required possession of OWEN O'BRIEN's iPhone to unlock and access his FanDuel account
using a specific username and password.

3) Corresponded to OWEN O'BRIEN's known locations, including his university residence and areas of the university not
routinely open to the public

4) Involved prohibited wagering activity related to sporting events, such as NCAA-sanctioned contests and events sponsored
by the University of Iowa Athletic Department.

5) Transacted within Johnson County, Iowa.

The following "Wager Identifier" digital records were transacted on an iPhone controlled by OWEN O'BRIEN
utilizing the name AUDRA O'BRIEN and the FanDuel account of 14349277.

FanDuel Wager Identifiers:

23215491.53
23215073.53
23215068.53
 E-FILED 2023 AUG 10 11:07 AM JOHNSON - CLERK OF DISTRICT COURT
Defendant: OWEN O'BRIEN
CASE NO.: 2023009009
Page 4 of 4

19140917.53
18306724.53
18224849.53
14945709.53
12711986.53
12711981.53
12711971.53
12702367.53
12431731.53
12431723.53
4522411.7
According to subpoenaed records, this FanDuel account (14349277), which was controlled by OWEN O'BRIEN,
completed over 350 mobile/online sports wagers, that were placed before O'BRIEN became the legal age
to wager in the
state of Iowa. These sports wagers collectively totaled over $3,047. O'BRIEN placed eleven wagers on
a University ofiowa
sporting events, including three wagers on Iowa Football events during the 2022 season while he was a
staff member for the
Iowa Football program.

Affiant
oft,
Subscribed and sworn to before me this _l_ _ _day of August, 2023.

.,.\AL~ JOE ERIOl\!

A_' r-
~T' COMMISSION NO. 74755
i< ~ Jf-

IOWP..
MY COMMISSION cs:7~_ Notary Public, State ofiowa
I

The foregoing Complaint with attached affidavit having been filed before the undersigned, it appears from
said
Complaint and Affidavit that there is probable cause to believe an offense has been committed and that
the Defendant
committed the offense.

Dated this - - - day of _ _ _ _ _ _ , 2023.

--

BY THE COURT:
Judge/Magistrate