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BGonline.org Forums
Leading Federal Judge Rules That Poker Is a Game of Skill Not Covered by U.S. Gambling Act
Posted By: Steve Mellen In Response To: Leading Federal Judge Rules That Poker Is a Game of Skill Not Covered by U.S. Gambling Act (Alfred Mamlet)
Date: Wednesday, 22 August 2012, at 7:31 p.m.
I had a quick look at this decision earlier. Judge Weinstein agreed with the precedents which hold that poker is a game of chance under New York law. Unlike some states that have a more liberal definition, New York defines "game of chance" to include any game where an element of chance is a "material factor" in the outcome.
However, the court ruled that the federal IGBA is ambiguous as to whether every illegal gambling game under state law is necessarily illegal under the IGBA. Under a legal principle called the "rule of lenity" (i.e. "ties go to the defendant"), he concluded that the case should be dismissed.
A link to the decision is here: link
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