The memo refers to the fact that the continued pushing back of potential enforcement is not a “safe harbor” from violations. Put another way; if the DOJ thinks lotteries, online casinos or even sportsbooks have run afoul of the Wire Act now or in the past, it could still prosecute violations. From the memo: Providing this extension of the forbearance period is an internal exercise of prosecutorial discretion and does not create a safe harbor for violations of the Wire Act. All other provisions of the January 15, February 28, and April 8, 2019 memoranda remain in effect.