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Relevance of state law

Posted By: leobueno
Date: Thursday, 23 August 2012, at 6:16 p.m.

In Response To: Leading Federal Judge Rules That Poker Is a Game of Skill Not Covered by U.S. Gambling Act (Bob Koca)

Koca asked why the state law was relevant. The answer is because the federal statute said so.

http://www.law.cornell.edu/uscode/text/18/1955

18 USC § 1955 - Prohibition of illegal gambling businesses (a)Whoever conducts, finances, manages, supervises, directs, or owns all or part of an illegal gambling business shall be fined under this title or imprisoned not more than five years, or both.

(b)As used in this section— (1)“illegal gambling business” means a gambling business which— (i)is a violation of the law of a State or political subdivision in which it is conducted;

(ii)involves five or more persons who conduct, finance, manage, supervise, direct, or own all or part of such business; and

(iii)has been or remains in substantially continuous operation for a period in excess of thirty days or has a gross revenue of $2,000 in any single day.

(2)“gambling” includes but is not limited to pool-selling, bookmaking, maintaining slot machines, roulette wheels or dice tables, and conducting lotteries, policy, bolita or numbers games, or selling chances therein.

(3)“State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.

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