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Betting A Home Run – The Explosive Growth of Gambling in the MLB

Betting A Home Run – The Explosive Growth of Gambling in the MLB

What does regulated sports wagering mean?

It is important to understand that the ban on sports betting did not eradicate its presence.[1] If someone wanted to bet on a game, they found a way through illegal means.[2] What this new era of “regulated sports wagering” really means is the states have the right to pass statutes legalizing sports gambling.[3] As of 2025, there are only 12 states where sports betting is still prohibited.[4] Now, the states that do have laws permitting sports betting are looking into ways to advance, regulate, and address tax issues.[5] Proponents of sports betting believe that with effective regulation, the legal sports wagering market is going to protect consumers.[6] However, it seems that fans are not the only target of this highly anticipated age of sports betting.

Major League Baseball’s History with Sports Betting

The MLB is no stranger to the world of illegal sports betting.[7] On September 28, 1865, the first fixed baseball game took place at Elysian Fields in Hoboken.[8] Players Thomas Devyr, Edward Duffy, and William Wansley had a plan to intentionally lose the game and were banned from the National Association of Baseball Players for about two years.[9] In 1903, the first World Series faced gambling schemes when fans tried to get Boston American Catcher to throw the game.[10] The 1919 Black Box Scandal is known as one of the most famous scandals in MLB history.[11] Eight players on the Chicago White Sox were accused of throwing the game to the Cincinnati Reds in the 1919 World Series.[12] The players were eventually acquitted of the charges, but this event led to the MLB’s decision to implement their own justice system to protect the game.[13] Thus, an MLC commissioner was established.[14]

The Current Major League Baseball Gambling Policy

Rule 21 of the Major League Rules prohibits betting on baseball games, and both receiving and giving gifts for performance.[15] This rule lays out a mandated suspension policy for those in violation of the rule.[16] The rule requires a one-year suspension for any MLB employee who bets on a game that does not involve their own team and an indefinite suspension for betting on a game that does involve their team.[17] The caveat is in Rule 15(d), which states that the Commissioner has the right to reinstate any player who was suspended indefinitely.[18] The creation of 15(d) can infer the notion that maybe these rules are not so strict.

Major League Baseball Post Murphy v. NCAA

It should be to no surprise that the expanding realm of online gambling, which includes online sports books, has changed gambling techniques.[19] However, it seems that every week there is a new MLB scandal.[20]     Shohei Ohtani, arguably one of the faces of the MLB right now, found himself mixed up in an illegal business scheme.[21] Mr. Bowyer, Ohtani’s interpreter, plead guilty to running an illegal gambling business, all while working for him.[22] According to Ohtani, he had nothing to do with this scheme.[23] San Diego Padres Tucupita Marcano has received a lifetime ban from the MLB after placing 387 baseball bets with a sportsbook.[24] He is the first active player in a century banned for life because of sports betting.[25] Four other players, Jay Groome, Michael Kelly, Jose Rodrigeuz and Andrew Saalfrank were suspended for one year for gambling policy violations just last season.[26] MLB Commissioner Rob Manfred stated that the MLB will “continue to invest heavily in integrity monitoring, educational programming and awareness initiatives with the goal of ensuring strict adherence to this fundamental rule of our game.”[27] It seems that the MLB notices that the betting policy requires secure execution—but how do they do this?

The Future of Major League Baseball Regulation

To this author, the “gamblization” of professional sports, especially baseball, has caused an uncomfortable number of schemes over the last seven years. The first instinct may have been that fans would be more focused on gambling than a team.[28] However, as we have seen, professional athletes are also a target.[29] Will regulation do the trick, or has the MLB become the perfect target for sports betting manipulation?

Footnotes[+]

Veandra Selby

Veandra Selby is a Third-year, Evening Division J.D. candidate at Fordham University School of Law and a staff member of the Intellectual Property, Media & Entertainment Law Journal. She holds a B.A. in Political Science, and a Minor in Law and Public Policy from Arcadia University.