Black Cube Files Motion to Dismiss Evolution Lawsuit with New Evidence of Sanctioned Play

The motion invokes the Uniform Public Expression Protection Act (UPEPA), arguing the lawsuit is an attempt to silence valid public concern.

The “Irrefutable” Video Evidence

According to iGamingExpress, in the filing submitted to the New Jersey court, Black Cube presented material they describe as “irrefutable.”

The core of this defense relies on a sworn affidavit from Dr. Avi Yanus, a director at the intelligence firm. Dr. Yanus testified that his team successfully accessed and played Evolution games in multiple prohibited jurisdictions.

The agency submitted a library of video recordings to support these claims. Black Cube asserts these videos document the full “user journey.”

The footage reportedly captures every step of the process, including IP address verification, depositing funds, and placing live bets.

The specific evidence listed in the motion includes:

• Iran: Over 25 separate recordings dated between 2022 and 2025 showing successful wagers.

• Russia and Syria: A combined total of 21 recordings (12 from Russia, 9 from Syria) confirming game availability.

• Unlicensed European Activity: Additional data points to Evolution games operating through offshore sites in regulated markets such as France, Italy, Spain, and the United Kingdom without the necessary local licenses.

The SLAPP Defense and the “Mystery” Competitor

Black Cube’s legal strategy rests on the argument that Evolution’s lawsuit is a Strategic Lawsuit Against Public Participation (SLAPP).

The firm argues the legal action is not about defamation, but rather a tactic to drain resources and discourage public scrutiny of the supplier’s operations.

A central point of contention is the origin of the investigation. Evolution contends that Black Cube was hired by a direct rival, widely identified in the industry as Playtech.

Evolution argues that because a competitor funded the intelligence gathering, the resulting reports constitute “commercial speech.” Under U.S. law, commercial speech often receives less protection than standard free speech.

Black Cube’s attorneys rejected this classification in their Tuesday filing. They argue that the source of the funding, reportedly £1.8 million paid by Playtech, does not invalidate the truth of the findings or the right to petition the government.

They maintain that the public interest in preventing sanctions violations overrides the commercial nature of the dispute.

Witness Testimony and Technical Disputes

To bolster the motion, the filing references a deposition from a former Evolution commercial director for North America.

According to court documents, this former executive allegedly admitted to knowledge of operations in “sanctioned countries,” describing the situation as a “shock.”

Evolution continues to fight the validity of the intelligence data. The gaming giant points out that the New Jersey Division of Gaming Enforcement (NJDGE) already reviewed similar claims and closed its investigation in February 2024 without taking enforcement action.

Evolution’s legal team has previously attacked the technical reliability of Black Cube’s evidence, citing issues with private IP addresses and inconsistencies in system clocks on the recording devices.

Black Cube dismissed these counter-arguments in the new filing, characterizing them as minor technicalities that do not disprove the core allegation: that the games were accessible from prohibited soil.

The New Jersey court will now review the motion to dismiss. A ruling in Black Cube’s favor would end the case, while a denial would move the parties toward a full trial.