Reporter needs help with online gambling article

[dmforster]

I'm working on a story about a guy from my city, Fargo, who's been charged with a misdemeanor for betting on sports online. He was so good at it that he quit his day job and supported his family with his winnings, which he assumed was completely legal. Now he's moved out of state so he can do it legally. I'm looking for anyone who could comment on online gambling, state and federal laws regulating it and the industry in general. Personal anecdotes from gamblers are welcome, too. At the very least, I could use suggestions on who to call or sites to visit.
Thanks,
Dave

[VPJunkie]

Wow - that's the first I've heard of someone being charged on a personal level.

We're not going to be able to help you much; we're just portal owners/webmasters. Laws differ in every area of the world, so we refer everyone who asks to their local agencies to find out what the laws and regulations in their area are.

You might want to check with the IGC - can someone post their addy, please - I can't find it right now.


Here's another link that might help, too -
The International Association of Gaming Attorneys - http://www.theiaga.org

[Pitboss_IGG]

Internet Gaming Commission (IGC)

http://www.internetcommission.com/

[Spearmaster]

You forgot me... LOL...

Exactly what misdemeanor was he charged with? I am assuming this is some local or state law that was violated... and have you confirmed that this is law in your state?

I may be able to provide you with some background, but much depends on exactly what you're looking for.

You can send me email at xwebmaster@got2bet.com. Needless to say, remove the x.

[spinoza]

I think Cindy meant Interactive Gaming Council with IGC.
URL is http://www.igcouncil.org/

[VPJunkie]

All of those are good, guys, thanks!!

And, Spear, I didn't forget you. There are only a couple of members in here qualified to answer legal questions as licensed professionals. Attempting to answer any question of this nature that you're not legally qualified to answer is actually illegal in some jurisdictions.

[Spearmaster]

I'm not providing legal advice LOL. Information I can provide, however.

[dmforster]

Thanks for the responses. The guy was charged under a state law that says gambling on one's private property becomes a misdemeanor offense when bets or hands exceed $500. He'll likely get a deferred sentence with a $500 fine, meaning he won't serve any time and the charge will come off his record in a year. I've spoken with the IGC deputy director, and he said he'd never heard of an individual player being charged, either. If any of you are familiar with it, I'd be interested in learning about other state's stances on the issue, and how unique this case appears to you.

Who's legally qualified to discuss this?

[Spearmaster]

misdemeanor offense when bets or hands exceed $500.

LOL... that is a weird law... so he should bet $499 a hand and he ought to be okay?

The guy was lucky and shouldn't complain. If he's found to be in breach of the federal Wire Act it's a felony.

I am not qualified to provide legal advice or counsel - but I can certainly provide information which you can use in your research. For starters, go to Google and do a search for "Jay Cohen".

Anything after that probably won't be of much interest... but certainly an individual being charged is unusual as Rick Smith of the IGC undoubtedly said.

If he wants to move to another state - why not Nevada, where he can most certainly legally do what he is doing now if he is playing at the land-based sportsbooks...

[spinoza]

As far as I know the federal wire act cannot be used to criminalize individual bettors, only the companies including key personell that are providing these services. I don't know about state legislature though.

[Spearmaster]

It isn't generally used against individuals - but the Wire Act does (as far as I know) make the accepting or PLACING of a wager illegal.

Then again, I could be wrong - it all boils down to the interpretation of "engaged in the business".

http://www4.law.cornell.edu/uscode/18/1084.html

That's why I'm not a legal adviser... LOL...

[spinoza]

Some useful links:

xhttp://www.gamblingandthelaw.com/columns/144_I_G_Illegal.htm

xhttp://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+606+61++(18%20US C%20S

[VPJunkie]

Thanks for giving him more links, guys.

Internet gaming law is an incredibly complex and controversial area that largely has not been tested yet in the US and many other countries; and there's a decided lack of expertise about it anywhere, on or off the internet.

Again, not one of us here is legally qualified to answer any of these questions, and the answers provided here are the personal opinions and interpretations of the posters, only. GPWA does not assume to know, nor give out legal advice regarding the gaming law in any jurisdiction in the world; nor does it assume any responsiblity for any of the answers posted here by individuals.

[Amateur]

Exactly what publication do you write for, dmforster? Can I read any of your articles?