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Internet Gambling: An Overview of Federal Criminal Law - chakefashion.com
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This is a summary of the federal criminal statutes implicated by conducting illegal gambling using the Internet.
Gambling is primarily a matter of state law, reinforced by federal law in instances where the presence of an interstate or foreign element might otherwise frustrate the enforcement policies of state law.
State officials and others have expressed concern that the Internet may be used to bring illegal gambling into their jurisdictions.
Illicit Internet gambling implicates at least seven federal criminal statutes.
It is a federal crime 1 to conduct an illegal gambling business under the Illegal Gambling Business Act, 18 U.
Enforcement of these provisions has been challenged on constitutional grounds.
The commercial nature of a gambling business seems to satisfy doubts under the Commerce Clause.
The limited First Amendment protection afforded crime facilitating speech encumbers free speech objections.
The due process arguments raised in contemplation of federal prosecution of offshore Internet gambling operations suffer when financial transactions with individuals in the United States are involved.
Citations to state and federal gambling laws, and the text of the statutes cited above, are included.
This report appears in abridged form, without footnotes, full citations, or supplementary material, as CRS Report RS21984, Internet Gambling: An Abridged Overview of Federal Criminal Law.
Related CRS reports include CRS Report RS22749, Unlawful Internet Gambling Enforcement Act UIGEA and Its Implementing Regulations, and CRS Report R41614, Remote Gaming https://chakefashion.com/gambling/responsible-gambling-victoria.html the Gambling Industry.
Summary This is a summary of the federal criminal statutes implicated by conducting illegal gambling using the Internet.
Gambling is primarily a matter of state law, reinforced by federal law in instances where the presence of an interstate or foreign element might otherwise frustrate the enforcement policies of state law.
State officials and others have expressed concern that the Internet may be used to bring illegal gambling into their jurisdictions.
Illicit Internet gambling implicates at least seven federal criminal statutes.
It is a federal crime 1 to conduct an illegal gambling business under the Illegal Gambling Business Act, 18 U.
Enforcement of these provisions has been challenged on constitutional grounds.
Attacks based on the Commerce Clause, the First Amendment's guarantee of free speech, and the Due Process Clause have enjoyed little success.
The commercial nature of a gambling business seems to satisfy doubts under the Commerce Clause.
The limited First Amendment protection afforded crime facilitating speech encumbers free speech objections.
The due process arguments raised in contemplation of federal prosecution of offshore Internet gambling operations suffer when financial transactions with individuals in the United States are involved.
Citations to state and federal gambling laws, and the text of the statutes cited above, are included.
This report appears in abridged form, without footnotes, full citations, or supplementary material, as CRS Report RS21984.
Related CRS reports include CRS Report RS22749,and CRS Report R41614.
Introduction Internet gambling is gambling on, or by means of, the Internet.
It encompasses placing a bet online with a bookie, betting shop, or other gambling enterprise.
It also includes wagering on a game played online.
A few states ban Internet gambling per se.
Most states, however, rely upon their generally applicable gambling laws.
Gambling that is unlawful when conducted in person is ordinarily unlawful when conducted online.
There are many federal gambling laws, most enacted to prevent unwelcome intrusions of interstate or international gambling into states where the activity in question has been outlawed.
The Wire Act Commentators most often mention the Wire Act when discussing federal criminal laws that outlaw Internet gambling in one form or another.
Early federal prosecutions of Internet gambling generally charged violations of the Wire Act.
In fact, Cohen, perhaps the most widely known of federal Internet gambling prosecutions, involved the Wire Act conviction, upheld on appeal, of the operator of an offshore, online sports book.
In general terms, the Wire Act outlaws the use of interstate telephone facilities by those in the gambling business to transmit bets or gambling-related information.
They may have their telephone service canceled at law enforcement request, and conduct that violates the Wire Act may provide the basis for a prosecution under the money laundering statutes, the Travel Act, the Illegal Gambling Business Act, RICO, or the Unlawful Internet Gambling Enforcement Act.
Wire Act prohibitions apply to anyone who I.
As a general matter, the Wire Act has been more sparingly used than some of the other federal gambling statutes, and as a consequence it lacks some of interpretative benefits which a more extensive case law might bring.
The act is addressed to those "engaged in the business of betting or wagering" and therefore apparently cannot be used to prosecute simple bettors.
The government must prove that the defendant was aware of the fact he was using a wire facility to transmit a bet or gambling-related information; it need not prove that he knew that such use was unlawful.
The courts have also rejected the contention that the report illegal gambling in houston applies only to those who transmit, concluding that "use for transmission" embraces both those who send and those who receive the transmission.
Grammatically, interstate transmission appears as a feature of only half of the elements compare, "for the transmission in interstate or foreign commerce of bets or wagers or information assisting in the placing of bets or wagers on any sporting event or contest," IV.
Nevertheless, virtually every court to consider the question has concluded that a knowing, interstate or foreign transmission is an indispensable element of any Wire Act prosecution.
As a practical matter, the Justice Department appears to have resolved the question of whether the section applies only to cases involving gambling on sporting events compare IV.
The vast majority of prosecutions involve sports gambling, but cases involving other forms of gambling under the Wire Act are not unknown.
One federal appellate panel concluded that the Wire Act applies only to sports gambling; while a subsequent district court concluded that it applies to non-sports gambling as well.
The Justice Department's Office of Legal Counsel, however, ultimately opined that "interstate transmissions of wire communications that do not relate to a 'sporting event or contest,' 18 U.
§1084 afall outside the reach of the Wire Act.
Read casually it might suggest a general defense, but the district court in the Internet gambling case in the Southern District of New York has highlighted its more restrictive scope, "the §1084 b exemption by its terms applies only to the transmission of information assisting in the placing of bets, not to the other acts prohibited in §1084 ai.
With regard to transmissions of information assisting in the placing of bets, the exemption is further narrowed by its requirement that the betting at issue be legal in both jurisdictions in which the transmission occurs.
No exemption applies to the other wire communications proscribed in §1084 a even if the betting at issue is legal in both jurisdictions.
See United States v.
An accomplice who aids and abets another in the commission of a federal crime may be treated as if he had committed the crime himself.
In addition to such accomplice liability, a conspirator who contrives with another for the commission of a federal crime is liable for conspiracy, any completed underlying crime, and for any additional, foreseeable offense committed by a confederate in furtherance of the common scheme.
There is some dispute over the application of the Wire Act to certain horse racing activities.
Some contend that the Wire Act was amended sub silentio by an appropriations rider rewording a provision in the civil Interstate Horseracing Act.
The Justice Department does not share this view.
The Interstate Horseracing Act is the product of the emergence of state licensed off-track betting parlors.
The parlors accepted wagers on races conducted both within the state and without.
Race tracks and those dependent upon their success objected that the tracks were losing customers who lived proximate to both an in state track and an off-track betting parlor in a neighboring state.
The Horseracing Act provides for compensation agreements.
More precisely, it prohibits acceptance of interstate off-track wagers except as it provides, but permits such acceptance with the consent of various horse racing associations, state horse racing commissions, state off-track racing commissions, and horse racing track operators.
It affords aggrieved states, horse racing associations and horsemen's groups a cause of action against violators of its provisions.
It neither provides criminal penalties nor explicitly addresses its relationship to other federal and state gambling laws.
Although the act calls for the consent of the operators of any track located within 60 miles of an off-track betting office, it does not give track operators a cause of action for failure to comply with this or any of its other requirements.
One track operator attempted unsuccessfully to invoke the Wire Act and federal racketeer influenced and corrupt organization RICO provisions to overcome this limitation.
Suffolk claimed that the defendant, who operated an off-track betting site within 60 miles of Suffolk, accepted wagers on interstate races without its consent and that these activities involved the patterned interstate transmission of gambling-assisting information race results from the track to the off-track betting parlor in violation of the Wire Act and consequently constituted a RICO violation, id.
The First Circuit affirmed the lower court's rejection of the claim on the basis of the Wire Act exception found in 18 U.
Summarizing in general terms, the court declared: To recapitulate, we think it clear that Congress, in adopting section 1084, did not intend to criminalize acts that neither the affected states nor Congress itself deemed criminal in nature.
It follows that these acts, not indictable under section 1084, cannot constitute a pattern of racketeering activity within RICO's definitional parameters.
The operator of an off-shore Internet gambling site subsequently seized upon this "Congress-did-not-intend-to-criminalize" language when challenging his conviction under the Wire Act.
The Second Circuit in Cohen rejected the challenge with the observation that unlike Suffolk where the transmission of gambling-related information came within the safe harbor of section 1084 bCohen's case involved the online i.
The facts that gave rise to Suffolk and Cohen, however, occurred prior to the 2000 amendments to the Interstate Horseracing Act.
The language in italics was added for the first time in conference with the simple accompanying explanation which in its entirety declares, "the conference agreement includes a new section 629, to clarify the Interstate Horseracing Act regarding certain pari-mutuel wagers.
Otherwise the only reference was "inserted or appended, rather than spoken, by a Member of the House on the floor.
Uncertainty over the issue apparently led an Appellate Body of the World Trade Organization WTO to conclude that the United States may permit domestic entities to offer Internet gambling on horse racing, but denies offshore entities such an opportunity.
During hearings on the Unlawful Internet Gambling Enforcement Act, the Justice Department indicated that to confirm its understanding of the law it was conducting "a civil investigation relating to a potential violation of law regarding this activity.
Commentators seem to concur.
However, early prosecutions under the Wire Act were more prevalent.
Moreover, the federal government may confiscate any money or other property used in violation of the section.
The offense may also provide the foundation for a prosecution under the Topic belgium gambling authority speaking Act, the money laundering statutes, and RICO.
The sanctions of the Illegal Gambling Business Act apply to anyone who I.
Illegal gambling is at the threshold of any prosecution under the section, and cannot to be pursued if the underlying state law is unenforceable under either the United States Constitution, or the operative state constitution.
The volume prong is fairly self-explanatory and the courts have been fairly generous in their assessment of continuity.
There is no such diversity of opinion on the question of whether section 1955 lies within the scope of Congress's legislative authority under the Commerce Clause.
The Supreme Court's decision in United States v.
Lopez, finding the Gun Free School Zone Act 18 U.
In the case of section 1955, Lopez challenges have been rejected with the observation that, unlike the statute in Lopez, section 1955 a involves the regulation of a commercial activity a gambling businessb comes with jurisdictional elements selected to reserve prosecution to those endeavors likely to substantially affect interstate commerce five participants in a substantial gambling undertakingand c was preceded by Congressional findings evidencing the impact of substantial gambling operations upon interstate commerce.
The accomplice and conspiratorial provisions attend violations of section 1955 as they do violations of the Wire Act.
Although frequently difficult to distinguish in a given case, the difference is essentially a matter of depth of involvement.
The partners in the criminal plan must agree to pursue the same criminal objective and may divide up the work, yet each is responsible for acts of each other.
If the conspirators have a plan which calls for some conspirators to perpetrate the crime and others to provide support, the supporters are as guilty as the perpetrators.
In fact, under the Pinkerton doctrine, co-conspirators are liable for conspiracy, the crime which is the object of the conspiracy when it is committedand any other reasonably foreseeable crimes of their confederates committed in furtherance of the conspiracy.
The application of the Illegal Gambling Business Act to offshore gambling operations that take wagers from bettors in the United States involves two questions.
First, does state law proscribing the gambling in question apply when some of the elements of the offense are committed outside its jurisdiction?
Second, did Congress intend the section to apply beyond the confines of the United States?
Section 1955 can only apply overseas when based on an allegation that the gambling in question is illegal under a state law whose reach straddles jurisdictional lines.
For example, a statute that prohibits recording bets bookmaking in Texas cannot be used against a gambling business which records bets only in Jamaica or Dominican Republic, even if the bets are called in from Texas.
On the other hand, an overseas gambling business may find itself in violation of section 1955 if it accepts wagers from bettors in New York, because New York law considers the gambling to have occurred where the see more are made, inter alia.
Whether a federal criminal statute applies overseas is a matter of Congressional intent.
The intent is most obvious where Congress has expressly stated that a provision shall have extraterritorial application.
Section 1955 has no such expression of intended overseas application.
In the absence of an explicit statement, the courts use various interpretive aids to divine Congressional intent.
Unless some clearer indication appears, Congress is presumed to have intended its laws to apply only within the United States.
The courts have recognized contrary indications under several circumstances.
Congress will be thought to have intended a criminal proscription to apply outside the United States where one of the elements of the offense, like the commission of an overt act in furtherance of a conspiracy, occurs in the United States.
Similarly, Congress will be thought to have intended to outlaw overseas crimes calculated to have an impact in the United States, for example, false statements made abroad in order to gain entry into the United States.
Finally, Congress will be think, filmcasino münchen consider to have intended extraterritorial application for a criminal statute where its purpose in enacting the statute would otherwise be frustrated, for instance, the theft of United States property overseas.
There is a countervailing presumption interwoven among these interpretive devices.
Congress is presumed not to have intended any extraterritorial application that would be contrary to international law.
International law in the area is a matter of reasonableness, of minimal contacts, traditionally described as permitting geographical application of a nation's laws under five principles: a country's laws may be applied within its own territory territorial principle ; a country's laws may be applied against its own nationals wherever they are located nationality principle ; a country's laws may be applied to protect it from threats to its national security protective principle ; a country's laws may be applied to protect its citizens overseas passive personality principle ; and a country's laws may be applied against crimes repugnant to the law of nations such as piracy universal principle.
Section 1955 does not say whether it applies overseas.
Yet an offshore illegal gambling business whose customers where located in the United States seems within the section's domain because of the effect of the misconduct within the United States.
Travel Act The operation of an illegal gambling business using the Internet may easily involve violations of the Travel Act, as several writers have noted.
The act may serve as the foundation for a prosecution under the money laundering statutes and RICO.
It has neither the service termination features of the Wire Act nor the forfeiture features of the Illegal Gambling Business Act.
The Travel Act's elements cover anyone who I.
The courts often abbreviate their statement of the elements: "The government must prove 1 interstate travel or use of an interstate facility; 2 with the intent to.
When the act's jurisdictional element involves mail or facilities in interstate or foreign commerce, rather than interstate travel, evidence that a telephone was used, or an ATM, or the facilities of an interstate banking chain will suffice.
The government is not required to show that the defendant used the facilities himself or that the regulations international gambling was critical to the success of the criminal venture.
It is enough that he caused them to be used and that their employment was useful for his purposes.
Moreover, intrastate telephone communications constitute the use of "facilities in interstate or foreign commerce.
A criminal business enterprise, as understood in the Travel Act, "contemplates a continuous course of business—one that already exists at the time of the overt act or is intended thereafter.
Evidence of an isolated criminal act, or even sporadic acts, will not suffice," and it must be shown to be involved in an unlawful activity outlawed by a specifically identified state or federal statute.
Finally, the government must establish some overt act in furtherance of the illicit business committed after the interstate travel or the use of the interstate facility.
Accomplice and co-conspirator liability, discussed earlier, apply with equal force to the Travel Act.
The act would only apply to "business enterprises" involved in illegal gaming, so that e-mail gambling between individuals would likely not be covered.
And Rewis, supra, seems to bar prosecution of an Internet gambling enterprise's customers as long as they remain mere customers.
But an Internet gambling venture that constitutes an illegal gambling business for purposes of section 1955, supra, and is engaged in some form of interstate or foreign commercial activity in furtherance of the business will almost inevitably have included a Travel Act violation.
Unlawful Internet Gambling Enforcement Act UIGEA The Wire Act, the Illegal Gambling Business Act, and the Travel Act implicitly outlaw Internet gambling and related activity.
The Unlawful Internet Gambling Enforcement Act UIGEA does so explicitly.
More exactly, it prohibits those who engage in a gambling business from accepting payments related to unlawful Internet gambling.
Offenders may be subject to civil and regulatory enforcement actions as well.
The Unlawful Internet Gambling Enforcement Act declares that I.
UIGEA's proscription draws meaning from a host of definitions, exceptions, and exclusions—some stated, others implied.
It does not define "person.
The business of betting or wagering does not encompass the normal business activities of financial or communications service providers, unless they are participants in an unlawful Internet gambling enterprise.
On the other hand, Congress chose the term "business of betting or wagering" rather than the term "illegal gambling business," found in the Illegal Gambling Business Act.
To come within the statute's reach, a business must involve "bets or wagers" and must accept payment relating "unlawful Internet gambling.
The definition also explicitly covers lotteries and information relating to the financial aspects of gambling.
The list of other common activities exempted from the definition includes gambling real poker online and commodities exchange activities, insurance, Internet games and promotions that do not involve betting, and certain fantasy sporting activities.
The term does not encompass various forms of Internet use by the horse racing industry, regardless of their legal status over other provisions of law.
If certain conditions are met, report illegal gambling in houston definition also exempts from UIGEA's prohibitions certain intrastate and intratribal forms of gambling, like state lotteries and Indian casinos that operate under state regulations or compacts.
To qualify for the intrastate exception, a bet must: 1 be made and received in the same state; 2 comply with applicable state law that authorizes the gambling and the method of transmission including any age and location verification and security requirements; and 3 be in accord with various federal gambling laws.
The intratribal exception is comparable, but a little different.
Compliance with the various federal gambling laws remains a condition.
And there are comparable security as well as age and location verification demands.
The intratribal gambling, however, may involve transmissions between the lands of two or more tribes and need not be within the same state.
Definitions aside, UIGEA's prohibitions can only be breached by one who acts "knowingly.
Those who aid or abet a violation, that is, those who knowingly embrace the criminal activity and assist in its commission with an eye to its success, are liable to the same extent as those who commit the offense directly.
Conspirators are liable for conspiracy, for any completed crime that is the object of the plot, and for any additional, foreseeable offense committed by a confederate in furtherance of the common scheme.
Section 5362 2 excludes the activities of financial institutions, as well as communications and Internet service providers, from the definition of "business of betting or wagering.
Neither section precludes their incurring liability as accomplices or co-conspirators.
As noted earlier, whether a federal law applies to conduct committed entirely outside the United States is ordinarily a matter of congressional intent.
The most obvious indicia of congressional intent is a statement within a particular statute that its provisions are to have extraterritorial application.
UIGEA contains no such statement.
Its legislative history of the act, however, leaves little doubt that Congress was at least as concerned with offshore illegal Internet gambling businesses as with those operated entirely within the United States.
Offenders may also suffer civil constraints.
UIGEA creates a limited federal civil cause of action to prevent and restrain violations of the act.
It authorizes federal and state attorneys general to sue in federal court for injunctive relief to prevent and restrain violations of the act.
It does not foreclose other causes of action on other provisions of state or federal law, but it does preclude suits in state court to enforce the act.
It does not expressly authorize a private cause of action.
It does not expressly offer attorneys general or anyone else any prospect of relief other than the federal court orders necessary to prevent and restrain.
Moreover, it expressly limits the instances when the attorneys general may institute proceedings against Internet service providers and financial institutions.
They may only proceed civilly against financial institutions to block transactions involving unlawful Internet gambling unless the institution is directly involved in an unlawful Internet gambling business.
Barring application of the same direct involvement exception, the attorneys general may sue Internet service providers under the act only to block access to unlawful Internet gambling sites or to hyperlinks to such sites under limited circumstances.
Subject to an exception that mirrors the direct involvement exception, the act also removes providers from the coverage of the Wire Act provision under which law enforcement officials may insist that communications providers block the wire communications of Wire Act violators.
Neither of the provisions restricting the civil liability of financial institutions and of Internet service providers explicitly immunizes them from criminal prosecution for aiding or abetting or for conspiracy.
Although UIGEA restricts the civil liability of financial institutions, it binds them under a regulatory enforcement scheme outlined in the act.
The act calls upon the Secretary of the Treasury and the Governors of the Federal Reserve Board in conjunction with the Attorney General to create a regulatory mechanism that just click for source and blocks financial transactions prohibited in the act.
Among its other features, the mechanism must admit to practical exemptions and ensure that lawful Internet gambling transactions are not blocked.
Good faith compliance insulates regulated entities from both regulatory and civil liability.
Regulatory enforcement falls to the Federal Trade Commission and to the "federal functional regulators" within their areas of jurisdiction, that is, the Governors of the Federal Reserve, the Comptroller of the Currency, the Federal Deposit Insurance Commission, the Office of Thrift Supervision, the National Credit Union Administration, the Securities and Exchange Commission and the Commodities Exchange Commission.
The Third Circuit has concluded that UIGEA is neither unconstitutionally vague nor unconstitutionally intrusive on any recognized right to privacy.
Racketeer Influenced and Corrupt Organizations RICO Illegal gambling may trigger the application of federal racketeering RICO provisions.
Violations of the Wire Act, the Illegal Gambling Business Act, and the Travel Act, as well as any state gambling felony, are all RICO predicate offenses.
An offender's crime-tainted property may be confiscated, and he may be liable to his victims for triple damages and subject to other sanctions upon the petition of click at this page government.
RICO makes it a federal crime for any just click for source to I.
To establish the charge of conspiracy to https://chakefashion.com/gambling/casino-penny-machines.html the RICO statute, the government must prove, in addition to elements one, two and three described immediately above, that the defendant objectively manifested an agreement to participate.
Subject to this limitation, however, a RICO enterprise may be formal or informal, legal or illegal.
In order for a group associated in fact to constitute a RICO enterprise, it "must have at least three structural features: a purpose, relationships among those associated with the enterprise, and longevity sufficient to permit these associates to pursue the enterprise's purpose.
Members of the group need not have fixed roles.
The "pattern of racketeering activity" element demands the commission of at least two predicate offenses, which must be of sufficient relationship and continuity to be described as a "pattern.
The courts have been reluctant to find the continuity required for a RICO pattern for closed ended enterprises those with no threat of future predicate offenses unless the enterprise's activities spanned a fairly long period of time.
Open-ended continuity found where there is a threat of future predicate offenses is nowhere near as time sensitive and is often found where the predicates consist of murder, drug dealing or other serious crimes or are part of the enterprise's regular way of doing business.
The RICO conspiracy and accomplice branches of the law are notable for at least two reasons.
RICO conspiracies are outlawed in a subsection of section 1962 that imposes no overt act requirement.
The crime is complete upon the agreement to commit a RICO offense.
Second, at least in some circuits, RICO accomplices are not subject to RICO tort liability.
The criminal proscriptions of the UIGEA do not appear to qualify as a RICO predicate offense.
Certainly, which created it did not explicitly amend RICO to include UIGEA among the RICO predicates.
UIGEA outlaws certain Internet gambling related transactions, not Internet gambling itself.
Nevertheless, those engaged in the business receipt of revenue from unlawful Internet gambling may also be guilty of any of the state or federal gambling felonies that are RICO predicate offenses.
Money Laundering Congress has enacted several statutes to deal with money laundering.
It would be difficult for an illegal Internet gambling business to avoid either of two of the more prominent, 18 U.
In fact, Santos, one of the landmark cases in the development of federal money laundering law, is a gambling case.
In other instances, the lower federal courts have frequently upheld money laundering convictions predicated upon various gambling offenses.
Any property involved in a violation of either section is subject to the civil and criminal forfeiture provisions of 18 U.
Laundering the Proceeds Section 1956 creates several distinct crimes: 1 laundering with intent to promote an illicit activity such as an unlawful gambling business; 2 laundering to evade taxes; 3 laundering to conceal or disguise; 4 structuring financial transactions smurfing to avoid reporting requirements; 5 international laundering; and 6 "laundering" conduct by those caught in a law enforcement sting.
Promotion In its most basic form the promotion offense essentially involves plowing the proceeds of crime back into an illegal enterprise.
Section 1956 has two promotional offenses: those involving financial transactions and those involving international monetary transfers.
The elements of the two are roughly comparable.
The transaction offense applies to whoever I.
The knowledge element is the subject of a special definition which allows a conviction without the necessity of proving that the defendant knew the exact particulars of the underlying offense or even its nature.
The "proceeds" may be tangible or intangible, for example, cash, things of value, or things with no intrinsic value, for example, checks written on depleted accounts.
Nor need "proceeds" be confined to the profits realized from the predicate offense, that is, the "specified unlawful activity.
The statutory definition of the necessary "financial transaction" provides the basis for federal jurisdiction.
To qualify, the transaction must be one that affects interstate or foreign commerce or must involve a financial institution whose activities affect such commerce.
The "intent to promote" element of the offense can be satisfied by proof that the defendant used the proceeds to continue a pattern of criminal activity or to enhance the prospect of future criminal activity.
To establish an intent to promote, "the government must show the transaction at issue was conducted with the intent to promote the carrying on of a specified unlawful activity.
It is not enough to show that a money launderer's actions resulted in promoting the carrying on of specified unlawful activity.
Nor may the government rest on proof that the defendant engaged in 'knowing promotion' of the unlawful activity.
Instead, there must be evidence of intentional promotion.
In other words, the evidence must show that the defendant's conduct not only promoted a specified unlawful activity but that he engaged in it with the intent to further the progress of that activity.
All RICO predicate offenses are automatically money laundering predicate offenses.
The RICO predicate offense list includes state gambling felonies as well as violations of the Travel Act and the Illegal Gambling Business Act.
The elements of the travel or transportation version of promotional money laundering are comparable, but distinctive.
They apply to anyone who I.
One of the distinctive features of the transportation promotional money laundering provision is that the transported, transmitted, or transferred funds do not have to be the proceeds of a predicate offense.
The defendant, however, must be shown to have transmitted, transferred, or transported the funds with the intent to promote a predicate offense.
The measure by which that question will be judged is the same as that used in the case of a transactional promotion offense, discussed above.
Section 1956 is subject to general federal law with regard to accomplice and conspirator liability, except that it permits the same punishment for conspirators as for simple launderers.
Concealment The "concealment" offenses share several common elements with the promotion offenses of section 1956.
For instance the transaction offense, like the promotion transaction offense in all but one aspect, proscribes I.
The fourth and distinctive element of the transactional concealment offense covers more than simple spending and more than simple concealment of the proceeds.
Concealment must be designed to concern, that is, it must be purposeful concealment.
The courts have made it clear that conviction for the concealment offense requires proof of something more than simply spending the proceeds of a predicate offense.
That having been said, the line between innocent spending and criminal laundering is not always easily discerned.
Like the promotional offense and unlike the transaction offense, the government must prove that the defendant knew of the tainted nature of the transported funds.
The transportation concealment offense covers anyone who I.
The concealment clause requires that concealment be the motivating force, at least in part, for the transportation.
Subsection 1956 h imposes the same penalties for conspiracy as for substantive violations of the section.
Otherwise, the general accomplice and conspiracy principles of law apply throughout the section.
Tax Evasion and Report Evasion The tax evasion and structured transactions or report evasion "smurfing" offenses shadow the promotion and concealment offenses.
A tax evasion, laundering prosecution requires the government to show that the defendant acted intentionally rather than inadvertently, but not that the defendant knew that his conduct violated the tax laws.
Similarly, conviction for the smurfing offense does not require a showing that the defendant knew that his conduct was criminal as long as the government establishes that the defendant acted with the intent to frustrate a reporting requirement.
Here too, the general principles of law applying to accomplices and conspirators apply.
The final crime found in section 1956 is a "sting" offense, the proscription drafted to permit the prosecution of money launderers taken in by undercover officers claiming they have proceeds from illegal gambling or other predicate offenses in need of cleansing.
The provision has promotional, concealment, and report evasion components.
Spending the Proceeds Section 1956 does not make spending tainted money a crime, but section 1957 does.
Using most of the same definitions as section 1956, the elements of 1957 cover anyone who I.
Federal jurisdiction flows from the definition of the tainted monetary transaction, that is a transaction, "in or affecting interstate or foreign commerce" or one involving a financial institution.
The government must also prove that the defendant knew the monetary instrument came from some criminal activity, but not that the defendant knew that the underlying crime was a money laundering predicate.
The predicate offense and the money laundering offense must be separate, distinct crimes, but the standard is met when the defendant deposits a check representing the proceeds of a completed offense.
Acquittal of just click for source predicate offense is no bar to conviction under the section.
Proceeds worth less at the time of transaction, but more thereafter, do not qualify.
The definition of the term "proceeds" added to section 1956 after Santos applies with equal force to section 1957: "the term 'proceeds' means any property derived from or obtained or retained, directly or indirectly, through some form of unlawful activity, include the gross receipts of such activity.
The statute, however, expressly exempts monetary transactions of the accused, necessary to secure legal representation in criminal proceedings.
Constitutional Considerations Constitutional objections initially check this out the prospect of prosecuting illegal Internet gambling.
Principal among these have been questions as to Congress's legislative power under the Commerce Clause, restrictions imposed by the First Amendment's guarantee of free speech, and due process concerns about the regulation of activities occurring at least in part overseas.
Commerce Clause Congress possesses no legislative power that cannot be traced to the Constitution.
Among its Constitutionally enumerated powers, Congress enjoys the authority "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.
It has reminded us on occasion, however, that Congress's Commerce Clause power is not without limit.
Lopez and Morrison, are perhaps the best known of these reminders.
Lopez held that the Congress lacked the authority under the Commerce Clause to enact the Gun-Free School Zones Act, which outlawed possession of a firearm within 1,000 feet of a school, 514 U.
In doing so, Lopez mapped Congress's Commerce Clause powers: First, Congress may regulate the use of the channels of interstate commerce.
United States, 379 U.
Second, Congress is empowered to regulate and protect the instrumentalities of interstate commerce, or persons or things in interstate commerce, even through the threat may come only from intrastate activities.
United States, 402 U.
Finally, Congress' commerce authority includes the power to regulate those activities having a substantial relation to interstate commerce, i.
Since the Gun-Free School Zones Act addressed neither the channels nor the content of commerce, it had to find coverage under the power to regulate matters that "substantially affect" interstate or foreign commerce.
This it could not do.
Its criminal proscription contained no "commerce" element; it did not, for example, outlaw possession of a firearm, which had been transported in interstate commerce, within 1,000 feet of a school.
Its enactment occurred without the accompaniment of legislative findings or declarations of purpose that might have guided appropriate enforcement limitations.
The act's overreaching was all the more troubling because it sought to bring federal regulation to school activities, an area where the states "historically have been sovereign.
Other opinions confirm that the Commerce Clause must be read in light of the principles of federalism reflected in the Tenth Amendment.
For instance, the Clause does not empower Congress to compel the states to exercise their sovereign legislative or executive powers to implement a federal regulatory scheme.
These limitations, notwithstanding, the federal appellate courts have conclude that a gambling business, legal or illegal, is a commercial activity, and as a consequence, may be regulated under the Commerce Clause.
First Amendment Gambling implicates First Amendment free speech concerns on two levels.
Gambling is communicative by nature.
Gambling also relies on advertising and a wide range of auxiliary communication services.
Historically, gambling itself has been considered a vice and consequently beyond the protection of the First Amendment.
There is every reason to believe that illegal gambling remains beyond the shield of the First Amendment.
Gone, however, is the notion that the power to outlaw a vice includes the power to outlaw auxiliary speech when the underlying vice remains unregulated.
The Supreme Court made this readily apparent when it approved an advertising ban on gambling illegal at the point of broadcast, but invalidated an advertising ban on gambling lawful at the point of broadcast.
Due Process Early commentators suggested application of federal criminal law to offshore Internet gambling entrepreneurs implicated due process, personal jurisdiction concerns, as understood in civil cases.
There, the Supreme Court has explained that The Due Process Clause protects an individual's liberty interest in not being subject to the binding judgments of a forum with which he has established no meaningful 'contacts, ties, or relations.
By requiring that individuals have fair warning that a particular activity may subject them to the jurisdiction of a foreign sovereign, the Due Process Clause gives a degree of predictability to the legal system that allows potential defendants to structure their primary conduct with some minimum assurance as to where that conduct will and will not render them liable to suit,' World-Wide Volkswagen Corp.
Although it has been argued that foreseeability of causing injury in another State should be sufficient to establish such contacts there when policy considerations so require, the Court has consistently held that this kind of foreseeability is not a sufficient benchmark for exercising personal jurisdiction.
Instead, the foreseeability that is critical to due process analysis.
The lower federal appellate courts, called upon to apply these principles in Internet commercial litigation, have concluded that suing nonresident parties doing business on the Internet where they have a real and continuous presence or where they caused an injury does not offend due process requirements.
Yet, more than a passive Internet site is required; the critical test is often the level of commercial activity associated with the website.
In a criminal law context, some courts describe a due process requirement that demands a nexus between the United States and the circumstances of the offense.
A few look to international law principles to provide a useful measure to determine whether the nexus requirement has been met; others consider the principles at work in casino gambling machines minimum contacts test for personal jurisdiction.
At the heart of these cases is the notion that due process expects that a defendant's conduct must have some past, present, or anticipated locus or impact within the United States before he can fairly be held criminally liable for it in an American court.
The commentators have greeted this analysis with some hesitancy, and some courts have simply rejected it.
Selected Federal Anti-Gambling Laws Text Wire Act 18 U.
Nothing in this section shall be deemed to prejudice the right of any person affected thereby to secure an appropriate determination, as otherwise provided by law, in a Federal court or in a State or local tribunal or agency, that such facility should not be discontinued or removed, or should be restored.
Illegal Gambling Business Act 18 U.
All provisions of law relating to the seizure, summary, and judicial forfeiture procedures, and condemnation of vessels, vehicles, merchandise, and baggage for violation of the customs laws; the disposition of such vessels, vehicles, merchandise, and baggage or the proceeds from such sale; the remission or mitigation of such forfeitures; and the compromise of claims and the award of compensation to informers in respect of such forfeitures shall apply to seizures and forfeitures incurred or alleged to have been incurred under the provisions of this section, insofar as applicable and not inconsistent with such provisions.
Such duties as are imposed upon the collector of customs or any other person in respect to the seizure and forfeiture of vessels, vehicles, merchandise, and baggage under the customs laws shall be performed with respect to seizures and forfeitures of property used or intended for use in violation of this section by such officers, agents, or other persons as may be designated for that purpose by the Attorney General.
Travel Act 18 U.
Unlawful Internet Gambling Enforcement Act 31 U.
Prohibition on acceptance of any financial instrument for unlawful internet gambling No person engaged in the business of betting or wagering may knowingly accept, in connection with the participation of another person in unlawful Internet gambling— 1 credit, or the proceeds of credit, extended to or on behalf of such other person including credit extended through the use of a credit card ; 2 an electronic fund transfer, or funds transmitted by or through a money transmitting business, or the proceeds of an electronic fund transfer or to gambling singapore transmitting service, from or on behalf of such other person; 3 any check, draft, or similar instrument which is drawn by or on behalf of such other person and is drawn on or payable at or through any financial institution; or 4 the proceeds of any other form of financial transaction, as the Secretary and the Board of Governors of the Federal Reserve System may jointly prescribe by regulation, which involves a financial institution as a payor or financial intermediary on behalf of or for the benefit of such other person.
Criminal penalties a In general.
Circumventions prohibited Notwithstanding section 5362 2a financial transaction provider, or any interactive computer service or telecommunications service, may be liable under this subchapter if such person has actual knowledge and control of bets and wagers, and— 1 operates, manages, supervises, or directs an Internet website at which unlawful bets or wagers may be placed, received, or otherwise made, or at which unlawful bets or wagers are offered to be placed, received, or otherwise made; or 2 owns or controls, or is owned or controlled by, any person who operates, manages, supervises, or directs an Internet website at which unlawful bets or wagers may be placed, received, or otherwise made, or at which unlawful bets or wagers are offered to be placed, received, or otherwise made.
Civil remedies a Jurisdiction.
B Rule of construction.
Policies and procedures to identify and prevent restricted transactions a Regulations.
Definitions In this subchapter: 1 Bet report illegal gambling in houston wager.
II All winning outcomes reflect the relative knowledge and skill of the participants report illegal gambling in houston are determined predominantly by accumulated statistical results of the performance of individuals athletes in the case of sports events in multiple real-world sporting or other events.
III No winning outcome is based— aa on the score, point-spread, or any performance or performances of any single real-world team or any combination of such teams; or bb solely on any single performance of an individual athlete in any single real-world sporting or other event.
This subparagraph report illegal gambling in houston intended to address concerns that this subchapter could have the effect of changing the existing relationship between the Interstate Horseracing Act and other Federal statutes in effect on the date of the enactment of this subchapter.
This subchapter is not intended to change that relationship.
This subchapter is not intended to resolve any existing disagreements over how to interpret the relationship between the Interstate Horseracing Act and other Federal statutes.
B Electronic fund transfer.
D Insured depository institution.
E Money transmitting business and money transmitting service.
Prohibited activities a It shall be unlawful for any person who has received any income derived, directly or indirectly, from a pattern of racketeering activity or through collection of an unlawful debt in which such person has participated as a principal within the meaning of section 2, title 18, United States Code, to use or invest, directly or indirectly, any part of such income, or the proceeds of such income, in acquisition of any interest in, or the establishment or operation of, any enterprise which is engaged in, or the activities of which affect, interstate or foreign commerce.
A purchase of securities on the open market for purposes of investment, and without the intention of controlling or participating in the control of the issuer, or of assisting another to do so, shall not be unlawful under this subsection if the securities of the issuer held by the purchaser, the members of his immediate family, and his not gambling in military uniform painting And their accomplices in any pattern or racketeering activity or the collection of an unlawful debt after such purchase do not amount in the aggregate to one percent of the outstanding securities of any one class, and do not confer, either in law or in fact, the power to elect one or more directors of the issuer.
Definitions As used in this chapter— 1 "racketeering activity" means A any act or threat involving murder, kidnapping, gambling, arson, robbery, bribery, extortion, dealing in obscene matter, or dealing in a controlled substance or listed chemical as defined in section 102 of the Controlled Substances Actwhich is chargeable under State law and punishable by imprisonment for more than one year; B any act which is indictable under any of the following provisions of title 18, United States Code: Section 201 relating to briberysection 224 relating to sports briberysections 471, 472, and 473 relating to counterfeitingsection 659 relating to theft from interstate shipment if the act indictable under section 659 is felonious, section 664 relating to embezzlement from pension and welfare fundssections 891-894 relating to extortionate credit transactionssection 1028 relating to fraud and related activity in connection with identification documentssection 1029 relating to fraud and related activity in connection with access devicessection 1084 relating to the transmission of gambling informationsection 1341 relating to mail fraudsection 1343 relating to wire fraudsection 1344 relating to financial institution fraudsection 1425 relating to the procurement of citizenship or nationalization unlawfullysection 1426 relating to the reproduction of naturalization or citizenship paperssection 1427 relating to the sale of naturalization or citizenship paperssections 1461-1465 relating to obscene mattersection 1503 relating to obstruction of justicesection 1510 relating to obstruction of criminal investigationssection 1511 relating to the obstruction of State or local law enforcementsection 1512 relating to tampering with a witness, victim, or an informantsection 1513 relating to retaliating against a witness, victim, or an informantsection 1542 relating to false statement in application and use of passportsection 1543 relating to forgery or false use of passportsection 1544 relating to misuse of passportsection 1546 relating to fraud and misuse of visas, permits, and other documentssections 1581-1592 relating to peonage, slavery, and trafficking in personssection 1951 relating to interference with commerce, robbery, or extortionsection 1952 relating to racketeeringsection 1953 relating to interstate transportation of wagering paraphernaliasection 1954 relating to unlawful welfare fund paymentssection 1955 relating to the prohibition of illegal gambling businessessection 1956 relating to the laundering of monetary instrumentssection 1957 relating to engaging in monetary transactions in property derived from specified unlawful activitysection 1958 relating to use of interstate commerce facilities in the commission of murder-for-hiresection 1960 relating to illegal money transmitterssections 2251, 2251A, 2252, and 2260 relating to sexual exploitation of childrensections 2312 and 2313 relating to interstate transportation of stolen motor vehiclessections 2314 and 2315 relating to interstate transportation of stolen propertysection 2318 relating to trafficking in counterfeit labels for phonorecords, computer programs or computer program documentation or packaging and copies of motion pictures or other audiovisual workssection 2319 relating to criminal infringement of a copyrightsection 2319A relating to unauthorized fixation of and trafficking in sound recordings and music videos of live musical performancessection 2320 relating to trafficking in goods or services bearing counterfeit markssection 2321 relating to trafficking in certain motor vehicles or motor vehicle partssections 2341-2346 relating to trafficking in contraband cigarettessections 2421-24 relating to white slave trafficsections 175-178 relating to biological weaponssections 229-229F relating to chemical weaponssection 831 relating to nuclear materials ; C any act which is indictable under title 29, United States Code, section 186 dealing with restrictions on payments and loans to labor organizations or section 501 c relating to embezzlement from union fundsD any offense involving fraud connected with a case under title 11 except a case under section 157 of this titlefraud in the sale of securities, or the felonious manufacture, importation, receiving, concealment, buying, selling, or otherwise dealing in a controlled substance or listed chemical as defined in section 102 of the Controlled Substances Actpunishable under any law of the United States, E any act which is indictable under the Currency and Foreign Transactions Reporting Act, F any act which is indictable under the Immigration and Nationality Act, section 274 relating to bringing in and harboring certain alienssection 277 relating to aiding or assisting certain aliens to enter the United Statesor section 278 relating to importation of alien for immoral purpose if the act indictable under such section of such Act was committed for the purpose of financial gain, or G any act that is indictable under any provision listed in section 2332b g 5 B ; 2 "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, any political subdivision, or any department, agency, or instrumentality thereof; 3 "person" includes any individual or entity capable of holding a legal or beneficial interest in property; 4 "enterprise" includes any individual, partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity; 5 "pattern of racketeering activity" requires at least two acts of racketeering activity, one of which occurred after the effective date of this chapter and the last of which occurred within ten years excluding any period of imprisonment after the commission of a prior act of racketeering activity; 6 "unlawful debt" means a debt A incurred or contracted in gambling activity which was in violation of the law of the United States, a State or political subdivision thereof, or which is unenforceable under State or Federal law in whole or in part as to principal or interest because of the laws relating to usury, and B which was incurred in connection with the business of gambling in violation of the law of the United States, a State or political subdivision thereof, or the business of lending money or a thing of value at a rate usurious under State or Federal law, where the usurious rate is at least twice the enforceable rate; 7 "racketeering investigator" means any attorney or investigator so designated by the Attorney General and charged with the duty of enforcing or carrying into effect this chapter; 8 "racketeering investigation" means any inquiry conducted by any racketeering investigator for the purpose of ascertaining whether any person has been involved in any violation of this chapter or of any final order, judgment, or decree of any court of the United States, duly entered in any case or proceeding arising under this chapter; 9 "documentary material" includes any book, paper, document, record, recording, or other material; and 10 "Attorney General" includes the Attorney General of the United States, the Deputy Attorney General of the United States, the Associate Attorney General of the United States, any Assistant Attorney General of the United States, or any employee of the Department of Justice or any employee of any department or agency of the United States so designated by the Attorney General to carry out the powers conferred on the Attorney General by this chapter.
Any department or agency so designated may use in investigations authorized by this chapter either the investigative provisions of this chapter or the investigative power of such department or agency otherwise conferred by law.
Money Laundering 18 U.
Laundering of monetary instruments.
For purposes of this paragraph, a financial transaction shall be considered to be one involving the proceeds of specified unlawful activity if it is part of a set of parallel or dependent transactions, any one of which involves the proceeds of specified unlawful activity, and all of which are part of a single plan or arrangement.
For the purpose of the offense described in subparagraph Bthe defendant's knowledge may be established by proof that a law enforcement officer represented the matter specified in subparagraph B as true, and the defendant's subsequent statements or actions indicate that the defendant believed such representations to be true.
For purposes of this paragraph and paragraph 2the term "represented" means any representation made by a law enforcement officer or by another person at the direction of, or with the approval of, a Federal official authorized to investigate or prosecute violations of this section.
B Appointment and authority.
Parts 730-774 ; vi an offense with respect to which the United States would be obligated by a multilateral treaty, either to extradite the alleged offender or to submit the case for prosecution, if the go here were found within the territory of the United States; or vii trafficking in persons, selling or buying of children, sexual exploitation of children, or transporting, recruiting or harboring a person, including a child, for commercial sex acts; C any act or acts constituting a continuing criminal enterprise, as that term is defined in section 408 of the Controlled Substances Act 21 U.
Such authority of the Secretary of the Treasury, the Secretary of Homeland Security, and the Postal Service shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury, the Secretary of Homeland Security, the Postal Service, and the Attorney General.
Violations of this section involving offenses described in paragraph c 7 E may be investigated by such components of the Department of Justice as the Attorney General may direct, and the National Enforcement Investigations Center of the Environmental Protection Agency.
Any person who conducts as that term is defined in subsection c 2 any portion of the transaction may source charged in any district in which the transaction takes place.
Such authority of the Secretary of the Treasury, the Secretary of Homeland Security, and the Postal Service shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury, the Secretary of Homeland Security, the Postal Service, and the Attorney General.
Federal Anti-Gambling Laws Citations 8 U.
Code §§13A-12-20 to 13A-12-92; Alaska Stat.
§§13-3301 to 13-3312; Ark.
§§5-66-101 to 5-66-119; Cal.
Penal Code §§319 to 337z; Colo.
§§18-10-101 to 18-10-108; Conn.
§§53-278a to 53-278g; Del.
§§16-12-20 to 16-12-62; Haw.
§§712-1220 to 712-1231; Idaho Code §§18-3801 to 18-3810; Ill.
§§35-45-5-1 to 35-45-5-10; Iowa Code Ann.
§21-4302 to 21-4308; Ky.
§§12-101 to 12-307; Mass.
§§97-33-1 to 97-33-49; Mo.
§§23-5-110 to 23-5-810; Neb.
§§28-1101 to 28-1117; Nev.
§§647:1 to 647:2; N.
§§2C:37-1 to 2C:37-9; N.
Laws §§11-19-1 to 11-19-45; 11-51-1 to 11-51-2; S.
§§16-19-10 to 16-19-160; S.
§§22-25-1 to 22-25-51; 22-25A-1 to 22-25A-15; Tenn.
§§39-17-501 to 39-17-610; Tex.
§§76-10-1101 to 76-10-1109; Vt.
Code §§61-10-1 to 61-10-31; Wis.
§§22-25A-1 to 22-25A-15; Wash.
The citations to the various state anti-gambling laws are listed at the end of this report.
The particulars of those laws are generally beyond the scope of this report.
World Interactive Gaming Corp.
DM-344 1995 state gambling laws apply to online gambling ; Op.
Citations to federal anti-gambling statutes are listed at the end of this report.
Ross, 1999 WL 782749 S.
World Interactive Gaming Corporation, 185 Misc.
Nothing in this section shall be deemed to prejudice the right of any person affected thereby to secure an appropriate determination, as otherwise provided by law, in a Federal court or in a State or local tribunal or agency, that such facility should not be discontinued or removed, or should be restored," 18 U.
Each of these statutes is discussed, infra, and the text of each appears at the end of this report.
A Justice Department Office of Legal Counsel opinion argues for inclusion of the language in italics; see Whether Proposals by Illinois and New York to Use the Internet and Out-of-State Transaction Processors to Sell Lottery Tickets to In-State Adults Violate the Wire Act, 35 Op.
United States, 401 U.
Ross, 1999 LW 7832749, Slip at 8-9 S.
United States, 378 F.
United States, 358 F.
United States, 358 F.
United States, 378 F.
Coeur d'Alene Tribe, 45 F.
Idaho 1998 lottery ; United States v.
Smith and Chase both involved "numbers" report illegal gambling in houston seem to have arisen under the same facts.
None of these cases specifically reject, or even mention, a "sporting event" limitation.
In re MasterCard International Inc.
Whether Proposals by Illinois and New York to Use the Internet and Out-of-State Transaction Processors to Sell Lottery Tickets to In-State Adults Violate the Wire Act, 35 Op.
Ross, 1999 WL 782749 S.
That subsection provides a safe harbor for transmissions that occur under both of the following two conditions: 1 betting is legal in both the place of origin and the destination of the transmission; and 2 the transmission is limited to mere information that assists in the placing of bets, as opposed to including the bets themselves".
United States, 336 U.
Advertising for Internet Gambling and Offshore Sportsbook Operations, Letter from United States Deputy Attorney General John G.
Malcolm to the National Association of Broadcasters dated June 11, 2003, filed as Exhibit A with the complaint in Casino City, Inc.
United States Department of Justice, Civil Action No.
Louis University Law Journal 1289, 1290 2006.
In other related developments, U.
United States, 328 U.
United States, 522 U.
The conspiratorial agreement is itself a separate crime under 18 U.
If, however, the offense, the commission of which is the object of the conspiracy, is a misdemeanor only, the punishment for such conspiracy shall not exceed the maximum punishment provided for such misdemeanor" ; United States v.
Hearing, at 146 statement of Bruce G.
Ohr, Chief of the Organized Crime and Racketeering Section, Criminal Division, United States Department of Justice.
The legislative history, however, suggests the absence of an intent to preempt state gambling laws, S.
Turfway Park Racing Ass'n, 20 F.
Sterling Suffolk Racecourse Ltd.
Burrillville Racing Ass'n, Inc.
RICO prohibits the acquisition or operation of an enterprise whose activities affect interstate or foreign commerce through the patterned commission of two or more "racketeering activities," that is, two or more other specifically designated offenses such as violations of 18 U.
Anyone injured in his business or property by a RICO violation enjoys a cause of action for treble damages, 18 U.
But section 1084 a carves out a specific exception for circumstances in which wagering on a sporting event is legal in both the sending and receiving state.
That exception applies here".
Under the current interpretation of the Interstate Horse Racing Act in 1978, this type of gambling is illegal, although the Justice Department has not taken steps to enforce it.
This provision would codify legality of placing wages over the telephone or other electronic media like the Internet," 146 Cong.
The amendment clarifies that the Interstate Horseracing Act permits wagers made by telephone or other electronic media to be accepted by an off-track betting system in another state provided that such types of wages are lawful in each state involved and meet the requirements, if any, established by the legislature or appropriate regulatory body in the state where the person originating the wager resides," 146 Cong.
Hearing, at 146 statement of Bruce G.
Ohr, Chief of the Organized Crime and Racketeering Section, Criminal Division, United States Department of Justice.
See generally, CRS Report RL32014,at 74-83.
Hearing at 14 statement of Bruce G.
Ohr, Chief of the Organized Crime and Racketeering Section, Criminal Division, United States Department of Justice.
Law Stop Internet Gambling?
But see, United States v.
§1955 by conducting an 'illegal gambling business.
On the other hand, it seems similarly obvious that the seller of computer hardware or software who is fully knowledgeable about the nature and scope of the gambling business would be liable under §2 if he installs the computer, electronic equipment and cables necessary to operate a 'wire shop' or a parimutuel betting parlor, configures the software programs to process betting information and instructs the owners of the gambling business on how to use the equipment to make the illegal business more profitable and efficient.
Such actions would probably be sufficient proof that the seller intended to further the criminal enterprise" ; Superseding Indictment, United States v.
March 10, 2011 charging individuals associated with Internet poker companies with violations of 18 U.
K23 Group Financial Services, CRIMINAL NO.
April, 26, 2011 charging operators of Internet gambling sites with violations of 18 U.
United States, 437 U.
Perceptions of necessity are not always particularly demanding, seee.
§1955, Prohibiting Illegal Gambling Business, That Such Business Involve Five or More Persons, 55 ALR Fed.
Consistent with this, substantially continuous has been read not to mean every day.
The operation, rather, must be one that was conducted upon a schedule of regularity sufficient to take it out of the casual nonbusiness category".
Compare, United States v.
United States, 522 U.
United States, 420 U.
Jimenez Recio, 537 U.
United States, 328 U.
World Interactive Gaming Corp.
However, under New York Penal Law, if the person engaged in gambling is located in New York, then New York is the location where the gambling occurred See Penal Law §225.
Here, some or all of those funds in an Antiguan bank account are staked every time the New York user enters betting information into the computer.
It is irrelevant that Internet gambling is legal in Antigua.
The act of entering the bet and transmitting the information from New York via the Internet is adequate to constitute gambling activity within New York State".
Arabian American Oil Co.
Whether Congress has in fact exercised that authority.
Petitioners concede that such power exists.
The question is rather whether Congress intended to make the law applicable" ; United States v.
National Australia, 130 S.
Arabian American Oil Co.
Amerada Hess Shipping, https://chakefashion.com/gambling/block-online-gambling-macau.html U.
Haitian Centers Council, Inc.
United States, 507 U.
United States, 544 U.
United S tates v.
United States, 273 U.
In such cases, Congress has not thought it necessary to make specific provision in the law that the locus shall include.
United States, 284 U.
Jurisdiction with Respect to Crime, 29 American Journal of International Law Supp.
When the violation is a distribution of profits rather than promotional offense, the second element in the abbreviated list of elements is changed to "with the intent to distribute the proceeds of an unlawful activity," United States v.
United States, 409 U.
United States, 401 U.
Of course, interstate travel will also suffice, United States v.
Contra, Blackjack or Bust: Can U.
Law Stop Internet Gambling?
Hearing at 16 statement of Bruce G.
Ohr, Chief of the Organized Crime and Racketeering Section, Criminal Division, United States Department of Justice.
B includes the purchase of a chance or opportunity to win a lottery or other prize which opportunity to win is predominantly subject to chance ; C includes any scheme of a type described in section 3702 of title 28".
D includes 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".
E does not include— i any activity governed by the securities laws as that term is defined in section 3 a 47 of the Securities Exchange Act of 1934 for the purchase or sale of securities as that term is defined in section 3 a 10 of that Act ; ii any transaction conducted on or subject to the rules of a registered entity or exempt board of trade under the Commodity Exchange Act; iii any over-the-counter derivative instrument; iv any other transaction that— I is excluded or exempt from regulation under the Commodity Exchange Act; or II is exempt from State gaming or bucket shop laws under section 12 e of the Commodity Exchange Act or section 28 a of the Securities Exchange Act of 1934".
E does not include.
E does not include.
E does not include.
II All winning outcomes reflect the relative knowledge and skill of the participants and are determined predominantly by accumulated statistical results of the performance of individuals athletes in the case of sports events in multiple real-world sporting or other events.
III No winning outcome is based— aa on the score, point-spread, or any performance or performances of any single real-world team or any combination of such teams; or bb solely on any single performance of an individual athlete in any single real-world sporting or other event".
This subparagraph is intended to address concerns that this subchapter could have the effect of changing the existing relationship between the Interstate Horseracing Act and other Federal statutes in effect on the date of the enactment of this subchapter.
This subchapter is not intended to change that relationship.
This subchapter is not intended to resolve any existing disagreements over how to interpret the relationship between the Interstate Horseracing Act and other Federal statutes".
See also, 31 U.
The Gambling Devices Transportation Act, also known as the Johnson Act, among other things prohibits the interstate transportation of gambling devices under some circumstances.
The Indian Gaming Regulatory Act, as the name suggests, regulates gambling on Indian lands.
Class I gaming refers to social games played for stakes of minimal value; class II gaming means bingo and cards games that are legal under applicable state law not including blackjack, baccarat and other banking games ; class III gaming describes any other form of gambling that is not class I or class II gaming and includes things like casino gambling, 25 U.
United States, 524 U.
United States, 378 F.
United States, 336 U.
United States, 328 U.
United States, 522 U.
The conspiratorial agreement is itself a separate crime under 18 U.
If, however, the offense, the commission of which is the object of the conspiracy, is a misdemeanor only, the punishment for such conspiracy shall not exceed the maximum punishment provided for such misdemeanor" ; United States v.
See supra text accompanying notes 61-69.
The United States, acting through the Attorney General, may institute proceedings under this section to prevent or restrain a restricted transaction.
The attorney general or other appropriate State official of a State in which a restricted transaction allegedly has been or will be initiated, received, or otherwise made may institute proceedings under this section to prevent or restrain the violation or threatened violation.
Notwithstanding paragraphs 1 and 2for a restricted transaction that allegedly has been or will be initiated, received, or otherwise made on Indian lands as that term is defined in section 4 of the Indian Gaming Regulatory Act — i the United States shall have the enforcement authority provided under paragraph 1 ; and ii the enforcement authorities specified in an applicable Tribal-State Compact negotiated under section 11 of the Indian Gaming Regulatory Act 25 U.
Upon application of the United States under this paragraph, the district court may enter a temporary restraining order, a preliminary injunction, or an injunction against any person to prevent or restrain a restricted transaction, in accordance with rule 65 of the Federal Rules of Civil Procedure.
Upon application of the attorney general or other appropriate State official of an affected State under this paragraph, the district court may enter a temporary restraining order, a preliminary injunction, or an injunction against any person to prevent or restrain a restricted transaction, in accordance with rule 65 of the Federal Rules of Civil Procedure".
For the text of 31 U.
A financial transaction provider is anyone who is "a creditor, credit card issuer, financial institution, operator of a terminal at which an electronic fund transfer may be initiated, money transmitting business, or international, national, regional, or local payment network utilized to effect a credit transaction, electronic fund transfer, stored value product transaction, or money transmitting service, or a participant in such network, or other participant in a designated payment system," 31 U.
Section 1084 d provides in relevant part, " d When any common carrier, subject to the jurisdiction of the Federal Communications Commission, is notified in writing by a Federal, State, or local law enforcement agency, acting within its jurisdiction, that any facility furnished by it is being used or will be used for the purpose of transmitting or receiving gambling information in interstate or foreign commerce in violation of Federal, State or local law, it shall discontinue or refuse, the leasing, furnishing, or maintaining of such facility, after reasonable notice to the subscriber, but no damages, penalty or forfeiture, civil or criminal, shall be found against any common carrier for any act done in compliance with any notice received from a law enforcement agency.
Interactive Media Entertainment and Gaming Ass'n v.
Attorney General, 580 F.
The Act prohibits a gambling business from knowingly accepting certain financial instruments from an individual who places a bet over the Internet if such gambling is illegal at the location in which the business is located or form which the individual initiates the bet.
Thus, the Act clearly provides a person of ordinary intelligence with adequate notice of the conduct that it prohibits.
Both Lawrence and Earle involved state laws that barred certain forms of sexual conduct between consenting adults in gambling careers privacy of the home.
Gambling, even in the home, simply does not involve any individual interest of the same constitutional magnitude.
Accordingly, such conduct is not protected by any right to privacy under the constitution".
Other subsections of 18 U.
Coutts Bank Switzerland Ltd.
United States, 129 S.
United States, 129 S.
United States, 129 S.
Untied States, 380 F.
It is this factor of continuity plus relationship which combines to produce a pattern," H.
Northwestern Bell Telephone Co.
Prior conviction of a predicate offense, however, is not required or even usual, BancOklahoma Mortgage Corp.
Northwestern Bell Telephone Co.
First Capital Asset Management v.
Lake Country, 424 F.
Bellsouth Telecommunications, 372 F.
Open ended continuity may also be found where the evidence suggests that only the intervention of law enforcement authorities closed down the enterprise, United States v.
Bellsouth Telecommunications, 372 F.
United States, 522 U.
Liquidating Trust, 155 F.
In Santos, the Supreme Court indicated that ambiguity in the money laundering statute, as then written, precluded prosecution in some instances based on the tainted gross receipts of a gambling business, rather than on its tainted profits, Santos v.
United States, 553 U.
Congress subsequently clarified the issue with a statutory definition of "proceeds," 18 U.
United States, 461 F.
For a more extensive discussion of section 1956 see CRS Report RL33315, ; Twenty- Sixth Survey of White Collar Crime: Money Laundering, 48 American Criminal Law Review 929 2011 ; Validity, Construction, and Application of 18 USCS §1956, Which Criminalizes Money Laundering, 121 ALR Fed.
The Drug Money Seizure Act and the Bank Secrecy Act Amendments: Hearing Before the Senate Comm.
This "addresses the problem of 'structured' currency transactions.
We do not agree.
A fraudulently obtained line of credit, which results in an artificially inflated bank balance is within the scope of the term 'proceeds' as used in §1956.
When Estacio directed the deposit of checks drawn on insufficient funds.
The definition was added after the Supreme Court suggested in United States v.
Garcia Abrego, 141 F.
Thus, even the mere receipt of funds can constitute a transaction subject to criminal prosecution under §1956".
B any act which is indictable under any of the following provisions of title 18, United States Code.
While the definitive case authority on specific intent derives from the transaction provision, it is safe to assume that requirement is no less rigorous under 1956 a 2 A.
See United States v.
Under Pinkerton, a conspirator is criminally liable for the substantive offenses committed by a co-conspirator when they are reasonable foreseeable and committed in furtherance of the conspiracy.
Pursuant to the Pinkerton doctrine, sufficient evidence exists in this case to uphold Moreland's convictions for the substantive laundering charges".
§1956 a 1 B ithe government must prove that 1 the defendant conducted or attempted to conduct a financial transaction; 2 the transaction involved the proceeds of unlawful activity; 3 the defendant knew that the proceeds were from unlawful activity; and 4 the defendant knew 'that the transaction was designed in whole or in part i to conceal or disguise the nature, the location the source, the ownership, or the control of the proceeds of specified unlawful activity'" ; see also United Sta t es v.
United States, 553 U.
United States, 553 U.
United Stat e s v.
The elements of the tax evasion provision reach anyone who: I.
The elements of the report evasion offense reach anyone who: I.
For purposes of this paragraph and paragraph 2the term 'represented' means any representation made by a law enforcement officer or by another person at the direction of, or with the approval of, a Federal official authorized to investigate or prosecute violations of this section".
B a transaction involving the use of a financial institution which is engaged in, or the activities of which affect, interstate or foreign commerce in any way or degree," 18 U.
When he deposits the criminal derived property— the check—in a bank, he commits money laundering".
A any financial institution, as defined in section 5312 a 2 of title 31, United States Code, or the regulations promulgated thereunder; and B any foreign bank, as defined in section 1 of the International Banking Act of 1978 12 U.
Thus, anyone seeking to benefit from §1957 f must tie his conduct to the Sixth Amendment right to counsel" ; United States v.
United States, 505 U.
United States, 521 U.
This does not mean that the states are beyond federal regulation when they engage in interstate, or interstate-impacting, commercial activity, Reno v.
Attorney General, 580 F.
Greater New Orleans Broadcasting Ass'n, Inc.
United States, 527 U.
Rhode Island, 517 U.
Greater New Orleans Broadcasting Ass'n, Inc.
United States, 527 U.
Greater New Orleans adopted the Central Hudson test: "At the outset, we must determine whether the expression is protected by the First Amendment.
For commercial speech to come within that provision, it at least must concern lawful activity and not be misleading.
Next, we ask whether the asserted governmental interest is substantial.
If both inquiries yield positive answers, we must determine whether the regulation directly advances the governmental interest asserted, and whether it is not more extensive than is necessary to serve that interest," Greater New Orleans Broadcasting Ass'n, Inc.
United States, 527 U.
Schwartz, The Internet Gambling Fallacy Craps Out, 14 Berkeley Technology Law Journal 1021, 1039-46 1999 ; Do Not Bet on Unilateral Prohibition of Internet Gambling to Eliminate Cyber-Casinos, 1999 University of Illinois Law Review 1045, 1062-65; Keller, The Game's the Same: Why Gambling continue reading Cyberspace Violates Federal Law, 108 Yale Law Journal 1569, 1596-1602 1999 ; World Wide Wager: The Feasibility of Internet Gambling Regulation, 8 Seton Hall Constitutional Law Journal 815, 827-48 1998.
Specific jurisdiction, on the other hand, depends on an affiliation between the forum and the underlying controversy, principally, activity or an occurrence that takes place in the forum State and is therefore subject to the State's regulation".
But where, as here, a website with national viewership and scope appeals to, and profits from, an audience in particular state, the site's operators can be said to have expressly aimed at that state" ; Shrader v.
Hemi Group LLC, 622 F.
Queen Bee, 616 F.
Granite Gate Resorts, Inc.
However, danger exists that emphasis on international law principles will cause us to lose sight of the ultimate question: would application of the statute to the defendant be arbitrary or fundamentally unfair?
Indeed, the law places no restrictions upon a nation's right to subject stateless vessels to its jurisdiction" ; United States v.
Since drug trafficking is condemned universally by law-abiding nations.
Perez-Oviedo's state of facts presents an even stronger case for concluding that no due process violation occurred.
The Panamanian government expressly consented to the application of the MDLEA.
Such consent from the flag nation eliminates a concern that the application of the MDLEA may be arbitrary or fundamentally unfair" ; United States v.

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Is it legal to play DFS for real money in Texas?
There appears to be no problem for DFS players who want to take part in DFS contests in the state.
https://chakefashion.com/gambling/www-gambling-com-py-bing8-plus.html in Texas?
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Daily fantasy sites for Texas players DraftKings Texas is the largest daily fantasy site that still accepts players report illegal gambling in houston Coinbase gambling for real-money contests.
DraftKings is issued by the Texas attorney general under state law.
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FanDuel Texas now serves the Texas market again with real-money DFS contests as of 2018.
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Filing a Link Against report illegal gambling in houston TABC-Licensed Location or Reporting Alcohol-Related Violations TABC:Mobile is TABC's preferred way of securely filing complaints and officially filing breach-of-peace reports quickly and easily.
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All TABC personnel will accept complaints in person, via telephone, e-mail, mail, fax, internet or other method of communication.
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Sports The Perils of Semi-Legal Poker By exploiting a legal loophole, two friends tried to build gambling businesses in Texas.
They were dealt very different hands.
Regulatory entrepreneurs see opportunity within the risks of semi-legality, diving into gray areas where competitors fear to tread.
Photograph by Brent Humphreys for The New Yorker Daniel Kebort first thought of opening his own poker club on a cool night in the fall of 2010.
He and a friend, Sam Von Kennel, were on an expedition.
On the Web site HomePokerGames.
Committed poker players who yearned for bigger, more glamorous games with higher stakes had two choices: they could drive to another state, where gambling was legal, such as Louisiana or Oklahoma, or they could use sites like HomePokerGames.
At Poker Social Club, the two friends got out of their car and walked around to the back of the house.
Accordingly, Kebort and Von Kennel filled out membership forms.
They noticed a sales-tax license on the wall—a sign of putative legitimacy.
Inside, they found two grimy tables, where some shirtless players received massages from young women in revealing dresses.
Afterward, Kebort ruminated about Poker Social Club and its claims to legality.
He had heard, generally, report illegal gambling in houston the social-gambling defense.
Now he looked up the law.
It seemed clear that, by taking a rake, Poker Social Club had overstepped the bounds of the law.
But Kebort found himself wondering whether a differently designed poker club might be legal.
Kebort, affable and earnest, with thinning hair, was thirty-one at the time.
His personality—ambitious yet gun-shy, daring but a little cautious—carried over to the poker table, where he was a conservative and methodical player who preferred to watch the cards and run the numbers in his head before placing a bet.
Von Kennel was ten years younger, an Austin native, and the son of a successful oil-and-gas lobbyist.
Together, the friends discussed the possibilities.
Would a country report illegal gambling in houston qualify?
It occurred to them that, by lobbying, they might widen the social-gambling loophole.
Separately, they proposed the creation of a gambling commission, which would regulate the new clubs.
The Texas legislature meets for only five months every two years—a prophylactic measure designed to.
Kebort and Von Kennel knew, moreover, that any legislator sponsoring their proposal would have to reckon with out-of-state casino owners and religious constituents, both of whom would oppose any legalization of gambling.
The 2013 session came and went.
Neither proposal gained traction.
The next session, nineteen months in the future, felt remote.
He was uncomfortable with the idea of opening a business in a gray report illegal gambling in houston of the law.
He took a job installing poker software and equipment in casinos and on cruise ships and moved to Houston.
After both Sam and Tim Von Kennel attended his wedding, in 2014, he lost touch with them.
In 2015, Kebort was at sea when he got an e-mail from a friend that linked to a post on a local Austin blog.
Kebort was beside himself—it seemed to him that his friend had stolen his idea and abandoned their partnership.
From the cruise ship, he called both Von Kennels; Sam sent him an apologetic text.
Kebort filed a lawsuit against Sam Von Kennel, which was settled out of court.
He tried to move on, and even started his own corporate catering business.
In 2017, Kebort decided to open a club of his own.
As a lobbyist, Tim Von Kennel understood the importance of connections.
At first, business was slow.
Von Kennel had set up his club in a renovated shack; he begged friends and family to come, just to get games going.
Then, about two months in, KVUE, a local television station, aired a news segment about the club and the legal loophole it was exploiting.
The next morning, though, he found a line of customers waiting out front.
No one raided the club or report illegal gambling in houston it down; in fact, a group of businessmen offered to invest in it.
With outside funding, the club moved to a mid-tier strip mall.
As of 2019, it had seventy-five hundred poker-playing members and sixty employees.
Sam Von Kennel in his Austin poker club, Texas Card House.
He and his wife, Lindsay, simply drove around Houston in their white pickup, looking for somewhere to open a club.
He found partners and opened Post Oak Poker Club less than a month later, in August, 2017.
As the council members looked down from a raised dais, Kebort introduced himself, his blond hair sticking out in all directions.
The Golden Nugget in Lake Charles, Louisiana, is just a two-hour drive from Houston, and Texan poker aficionados often go there to play.
Fertitta holds an annual fund-raiser for the Houston Police Department at his mansion.
SIGH does not disclose the identities of its staff or funders; a spokesperson for Tilman Fertitta said that Fertitta had no knowledge of the Web site.
Kebort also heard through the grapevine that Sam and Tim Von Kennel were trying to get his club shut down.
He had contacted a celebrated Houston private eye, Report illegal gambling in houston Wilson, who was part of a P.
The licensing fee, to be collected by Wilson, would be two hundred and fifty thousand dollars.
To show that the licensing program was legitimate, Wilson introduced Kebort to Amir Mireskandari, a consultant for Kim Ogg, the Harris County D.
At the same time, he was skeptical of the promise of a golden ticket.
He terminated their relationship with a final check, for five thousand dollars, written from his personal account.
As the year drew to a close, Kebort worried that storm clouds were gathering.
Still, Post Oak was thriving.
That December, Tilman Fertitta hosted a Christmas fund-raiser for a local hospital at his sprawling River Oaks estate.
Through a friend, Kebort landed a spot on the guest list.
He decided total gambling review leave early.
On the way out, he ran straight into Fertitta.
The billionaire offered Kebort his hand, and Kebort shook it.
He introduced himself as the owner of Post Oak Poker Club.
In a 2017 article published in the Southern California Law Review, two professors, Elizabeth Pollman and Jordan Barry, coined a term for an increasingly popular business strategy: regulatory entrepreneurship.
In theory, this opens the market to law-abiding rivals.
There are now more than fifty poker clubs in the state, situated in Austin, San Antonio, Houston, and several small towns.
Soon after Post Oak opened, a new Houston club, Prime, quickly established itself as one of the best poker clubs in the state.
Unlike Post Oak, which was B.
Meanwhile, as the clubs spread, their business models diversified.
Clubs started charging a combination of fees.
These new payment structures made the establishments more lucrative; they also ran the risk of undermining the legal theory behind them.
They started looking more like gambling businesses than country clubs.
The only pro-club briefs came from a player, who argued that shutting down the clubs would drive people back to underground games, and a few owners.
Paxton was still deliberating in May, when a player named Tom Steinbach had a good night at Texas Card House.
On Instagram, Steinbach had been posting photos of his winnings: in one image, he held his winning cards—an ace and a ten of diamonds—in front of a pile of chips worth seventy-five hundred dollars.
In the parking lot, after he left the club, Steinbach was confronted by a man with a gun.
When he turned to run inside, the man shot him in the back.
A police investigation charged a security guard at Texas Card House with being complicit in the robbery.
After the lawsuit was filed, it went dormant, with neither side pushing for a trial.
Still, Paxton announced that, because of pending litigation, no opinion would be forthcoming—he would here the courts work it out.
This April, the owners of Texas Card House and SA Card House seemed to be on good terms.
Many in the Texas poker community see the lawsuit as the canny product of a similar alliance among competitors.
Around the time the lawsuit was filed, Ryan Crow, a Tesla-driving former product manager at Rackspace who made money in real estate before investing in Texas Card House, founded an organization called Social Card Clubs of Texas; its board has included Hearn, Von Kennel, and Kebort.
The organization has hired lobbyists and drafted a new piece of legislation, HB-2669, which would legalize poker clubs and create report illegal gambling in houston gaming commission to regulate and license them.
The outcome they envision is not unlike the one Kebort recalls Wilson describing: ideally, the commission would cap the number of clubs allowed in each city, and the clubs unable to obtain licenses would be frozen out.
Ryan Guillen, a state representative from Grande City, agreed to sponsor it.
Photograph by Brent Humphreys for The New Yorker As it happened, the Licensing Committee ran out of time in its meeting, and the bill was left pending.
The next day, Kebort was out delivering orders for his catering company when he got a phone call from the general manager at Post Oak.
The manager said that Prime had been raided.
He drove home and found the police waiting.
They had raided his house, guns drawn, while Lindsay held their new baby in her arms.
The officers handcuffed Kebort and put him in the back of their cruiser as his neighbors looked on.
At the station, Kebort joined his partners, who had also been arrested, in a holding room.
They told him that, at Prime, the police had walked employees out in handcuffs, seizing computer equipment and a hundred and seventy-five thousand dollars in cash.
At that point, Post Oak was doing so poorly that police were able to seize only five read more dollars from its register and bank account.
Kebort learned that Kim Ogg, the Harris County District Attorney, was charging him and the other club owners with felony money-laundering.
If he were convicted, Kebort could face anywhere from five to ninety-nine years in prison.
Kebort and the other owners were released on bail.
They started comparing notes almost immediately.
Unlike Post Oak, Prime had paid Wilson; when the license failed to materialize, the club had fired the security firm, refused to pay the final bill, and threatened to report Wilson to the authorities.
Shortly afterward, both clubs had been raided—and yet a dozen other Houston clubs remained open.
The owners told prosecutors about the licensing scheme and the involvement of Mireskandari.
The implication was that there was a connection between the licensing scheme and the raids.
Prime and Post Oak succeeded in turning the licensing scheme to their advantage.
Still, the raids had consequences.
Prime and Post Oak went here of business, and report illegal gambling in houston remaining Houston poker clubs absorbed their customers.
Sam Von Kennel, meanwhile, opened a new Houston club, called Texas Card House Houston.
Ogg denies ever meeting with Tim Wilson or discussing a licensing program with him or Mireskandari.
We were trying to beef up our financial-crimes enforcement, and also our ties to the international business community.
I was unaware of his alleged actions.
He said that he was not aware that the clubs were being investigated, and would have had no influence over those investigations learn more here if he had known about them.
Wilson did not respond to repeated requests for comment.
In big cities, these clubs have proliferated due to lack of investigation and prosecution.
This occurred visit web page a vacuum created by the Attorney General.
State lawmakers are not acting directly to address vice issues—marijuana and gambling legalization—and that leaves the public confused, and it puts law enforcement in a difficult place, leading to inconsistent prosecution.
She believes that the F.
I asked Greg Travis, the Houston city councilman who compared Post Oak to a sex club, if it was true that, as Kebort and other club owners suspected, Tilman Fertitta had played a role getting the clubs shut down.
They pointed out that, when courts scrutinize the legal loopholes exploited by regulatory entrepreneurs, they tend to be unsympathetic.
If Uber were reclassified as a transportation company, its business model could be imperilled, too.
The company has been settling its labor lawsuits.
Pollman and Barry are skeptical about the long-term prospects for poker clubs in Texas.
In their view, however, regulatory entrepreneurship in general is likely to become more common.
Legislative gridlock at the national level gives state and local governments more say over the law.
The widely trumpeted success of companies like Uber and Airbnb has made investors and businesspeople more comfortable with regulatory risk.
Every business is a gamble, but regulatory entrepreneurs play an unusually risky game.
The rules are unclear; sometimes, it can even be hard to say who else is playing.
This spring, not long before the raids, I visited the expanded Texas Card House in its new, strip-mall home.
Its exterior was generic and slightly shady—tinted windows, security cameras—but its interior resembled an attempt at a Brooklyn bar, with constellations of Edison bulbs, wood panelling, and thirty-four pairs of jackalope antlers the mythical animal is popular in Austin mounted on one wall.
I won my first hand and felt pretty good.
Then an aggressive player arrived, bullying the whole table with repeated, huge raises.
Everyone started losing money.
I raised pre-flop with a pair of jacks and lost everything to a player who hit two pair on a flop of low cards.
I bought in again, for three hundred more, but click that, too.
It was 11 p.
In total, I lost nine hundred dollars; later, I won it all back, with a little extra, at Prime.
Recently, I called Kebort, to see how he was doing.
Still, he feels both afraid and angry.
The owners of Prime are more rash; their club reopened last week.
On a Sunday in mid-July, Kebort decided to escape his troubles for a day, driving five hours to Oklahoma, to play in a World Series of Poker circuit event.
When he walked into the casino, the first person he saw was Sam Von Kennel.
They greeted each other, report illegal gambling in houston stiffly.
Whatever happens, their friendship is a thing of the past.
Daniel Kebort first thought of opening his own poker club on a cool night in the fall of 2010.
He and a friend, Sam Von Kennel, were horse racing and gambling an expedition.
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Is it legal to play DFS for real money in Texas?
There appears to be no problem for DFS players who want to take part in DFS contests in the state.
Is it click for DFS operators to take customers in Texas?
For a snapshot of which DFS sites allow players from which states, click.
Daily fantasy sites for Texas players DraftKings Texas is the largest daily fantasy site that still accepts players from Texas for responsible gambling victoria contests.
DraftKings is issued by the Texas attorney general under state law.
It still accepts Texas residents for real-money contests, as of the start of NFL season.
While a court case is pending, DraftKings has continued to take customers in the state.
FanDuel Texas now serves the Texas market again with real-money DFS contests as of 2018.
FanDuel with the Texas AG early in https://chakefashion.com/gambling/worldpay-ap-ltd-gambling.html to avoid any possible legal issues down the road, but things have changed since FanDuel was acquired by Paddy Power Betfair.
Yahoo Texas and other DFS sites Yahoo is the third largest DFS operator, and it also report illegal gambling in houston customers for real-money play in the state.
FantasyDraft is among the other operators that also accept Texas residents.
History of daily fantasy sports in Texas Before gambling lingo, almost all Report illegal gambling in houston operators allowed users to play for real money at their sites.
That all changed in January, when that said, https://chakefashion.com/gambling/filmcasino-muenchen.html part: Under section 47.
While DraftKings and FanDuel initially released statements saying they disagreed with that opinion, things were quiet in the short term.
Then came the revelation in March that FanDuel had been working on a settlement with Paxton; DraftKings decided to go its own way and fight the opinion in court.
An was not enacted in 2017.
The next time the legislature could act would be in 2019.
Is daily fantasy sports legal in Texas?
That depends on whom you ask.
According to the Texas AG and some experts specializing in gambling law, it is illegal to offer.
Lawyers for the DFS sites would beg to differ.
So far, there has been no momentum from any state — Texas included — seeking to take any type of action against people who are playing DFS.
The concern would be for the operators running DFS contests, generally not for players.
Only one state has actually sought report illegal gambling in houston take action against DFS operators, to date —.
And that state eventually legalized DFS contests in the summer of 2016.