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Leading Federal Judge Rules That Poker Is a Game of Skill Not Covered by U.S. Gambling Act

Posted By: Alfred Mamlet
Date: Wednesday, 22 August 2012, at 11:37 a.m.

Jack Weinstein, a leading federal district (trial) court judge in Brooklyn ruled that poker is a game of skill not covered by US Gambling Act. The judge reversed the jury's conviction ruling under this statute. He issued a 120 page ruling finding that the statutory language was ambiguous as to (1) whether poker is covered by the statute, and (2) whether the statute requires that luck predominate. Ultimately, he ruled that "The government must demonstrate that it is more probable than not that poker is predominated by chance rather than skill" and that it had failed to do so. Both sides callled economists as expert witnesses, who disagreed whether leading poker players won more often and whether that proved poker was a game of skill.

Coverage of the decision in the legal trade press is available at http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202568326058&thepage=1

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