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BGonline.org Forums
Bye-Bye Poker or FBI Has Nothing to Do (OT)
Posted By: Stanley E. Richards In Response To: Bye-Bye Poker or FBI Has Nothing to Do (OT) (Steve Mellen)
Date: Saturday, 16 April 2011, at 6:04 a.m.
Yes Steve,
I had already seen that press release. I understand that these online sites have legal challenges based on the bank accounts which were allegedly established by false statements. I also understand that the small, private banks that these online sites allegedly processed payments for illegal gambling. My primary question is the definition of illegal gambling being used by the Department of Justice. According to the MasterCard case, internet poker gambling is legal in the U.S. It does not violate the wire act. Sports gambling violates the wire act.
However, nine states have prohibited internet gaming. These three online sites accepted customers from states where internet gaming is not legal. The Gambling Enforcement Act of 2006 unambiguously states that it does not make gambling illegal where it is legal. It simply makes it illegal to pay for illegal gambling. Thus, I wonder if the DOJ accepts that payments for internet gaming in 41 of the 50 states did not violate the Gambling Enforcement Act. If the DOJ still maintains that poker internet gambling is illegal throughout the US, the DOJ would not be accepting the 2002 MasterCard federal appellate court ruling. Is it possible that the DOJ refuses to accept this MasterCard decision that it lost in district and appellate court? If the DOJ did not accept the appellate court ruling, I thought that its only recourse was to appeal to the Supreme Court. Yet, the DOJ has not appealed the 2002 MasterCard ruling.
Thus, it would be very interesting to read the actual indictment. Any comments, speculation, or thoughts? I’ll continue to search the web. If I find the indictment, I will notify you. Please notify me if you find the indictment.
Stanley
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