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Hey Everyone,
I do believe affiliates are at great risk for continuing on.Attorney Chuck Humphrey:
Aider and Abettor LiabilityThe federal aider and abettor statute, 18 U.S.C. 2, provides:
“(a) Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal.
(b) Whoever willfully causes an act to be done which if directly performed by him or another would be an offense against the United States, is punishable as a principal.”The criminal provision of Section 5366 creates a new “offense against the United States.” All those who aid or abet an online gambling website that is in violation of Section 5363, and thus of Section 5366, are punishable as if they were the online gambling Website. The same goes for those who are employees and officers. In appropriate cases this “punishable as a principal” law may also ensnare directors, major shareholders, advertising media, affiliates and those who are so-called consultants, team members or front men for the online gambling Websites.
Full link to this article: http://www.gambling-law-us.com/Federal-Laws/internet-gambling-ban.htm
Thanks Allan. This is an excellent legal review of the new law and I urge everyone to read it at:
http://www.gambling-law-us.com/Federal-Laws/internet-gambling-ban.htm
Here’s some of the things that caught my eye:
Quote:Bets and WagersSection 5363 does not make it illegal for a mere player to make bets or wagers. Rather, the Act applies only to those involved in the business of betting or wagering. Section 5262 defines a bet:
as the staking or risking of property in order to win something of value based on the outcome of:
a contest of others
a sporting event, or
a game subject to chance
the purchase of a chance to win a lottery or other prize the award of which is predominantly subject to chance
the making of a wager prohibited under the Professional and Amateur Sports Protection Act, or
as including “any instructions or information pertaining to the establishment or movement of funds by the bettor or customer in, to, or from an account with the business of betting or wagering.”
Some commentators have argued that the operation of online poker Websites should be excluded from the reach of the new law because poker, being a skillful game, is not a game of chance. Under current state law that argument does not hold water. Most U.S. jurisdictions apply the Dominant Factor test to determine if a contest is a game of skill or a game of chance. That test looks to which elements predominate (51%) in determining outcome of the game. If the elements of chance predominate, then it is a game of chance, notwithstanding that skill elements are important, but not predominant. Furthermore, the outcome is to be determined by the considering the nature of the game and the abilities of the average player coming to the game. See: Is Poker a Game of Skill? Online poker operators should consider mathematical analysis of their vast data bases of poker results to support attempts to overturn the case law that views the “luck of the draw” aspect of poker as resulting in its being a game of chance.
Excluded from the definition of “bet” are:
various business transactions like securities and commodities trading and insurance policies
participation in online games with no pay-to-play aspect and where the prizes are limited to free play of various games and
certain fantasy sports contests
Additionally interesting:
Quote:Unlawful Internet gambling is defined as:placing, receiving or transmitting a bet
by means of the Internet
but only if that bet is unlawful under any other federal or state law applicable in the place where the bet is initiated, received or otherwise made.
excluded from the coverage of “unlawful Internet gambling” are
waypoints along the World Wide Web that are only incidental to the places where the electronic transmission of the bet or wager is initiated and finally received.
online bets made solely within a single state under an enabling statute passed by that state. [Note: there are no such enabling laws at this time.]
online bets made solely on or among Indian tribal lands under enabling laws adopted by the affected tribes and approved by the National Indian Gaming Commission. [Note: no such laws have been adopted or approved at this time.]
online bets made under the Interstate Horseracing Act. [Note: online interstate bets on horse races where such bets are legal at both ends of the online connection have been permitted under that law since 2000.]
The new law, therefore, only applies to online gambling operators who violate other existing state or federal anti-gambling laws. Some commentators on this aspect of the Act conclude that since there are only a handful of states that expressly ban Internet gambling, this law has not accomplished very much.
The better view is that all of the online gambling sportsbooks, casinos and cardrooms violate existing anti-gambling laws of every one of the fifty states. This is because:
The gambling is legally deemed to take place simultaneously at both ends of the Internet connection.
Under applicable state laws these interactive online gambling Websites are deemed to be doing business in the states in which the players are located when they make a bet.
The general anti-gambling laws of every state criminalize the operation of unlicensed gambling like the sportsbooks, casinos and cardrooms that are covered by the new law.
Thus, this professional form of unlicensed gambling appears to be illegal whether or not the state has adopted a specific Internet anti-gambling law.
:whoa: :whoa: :whoa:
I’ve been wondering why some programs are saying no to all US players but there are quite a few (Microgaming casinos) saying no to US players in certain states alone. Differing legal opinions I guess. Nobody is going to know for sure until someone gets indicted and it gets into the court system.
Scary stuff. Now I am glad I sold everything.
Pretty scary stuff:flush:
Hey Prof why don’t we buy a couple boats and go into the sport fishing biz! I am sure Bob, Allen and Brad would charter us out for a few days.
Brian
Count me in!
do you need a deck hand???
Bryan
Sounds like another 3-hour tour we will need a few Marry Ann’s on board.:cheers:
BradAll Aboard!!! :cheers:
Let’s drink massive quantities of beer!
