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Posted by: MrStiv at May 31, 2002, 9:58 am
Topic: What's the status of the legality of online gambling? Forum: Winner Online


Quote: Originally Posted by Got2Bet:
MrSti -

I'd love to see him try to defend that position in court - so ask him why no one has ever been prosecuted anywhere in the US for casino gambling online?



Probably because it's not worth the effort. It'd be much easier to prosecute, say, an illegal craps game physically taking place in this state, but it's never done because the police obviously don't think it's worth the time and resources. In short, they don't care.

Quote:

If he tells you it's a gray area, that would work. But if he tells you it's illegal, he should be able to justify that with proof based on either Federal or state law.



He looked up the state statute regarding gambling and then wrote me back: "BLANK [my state] has a statute that makes it a misdemeanor for any one to operate or to bet on any game of chance, excepting certain bingos and raffles. So anyone gambling at home on the Internet would be in iolation
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Posted by: grantt at May 29, 2002, 9:53 pm
Topic: What's the status of the legality of online gambling? Forum: Winner Online

http://www.law.miami.edu/~froomkin/...ers/rickard.htm
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Posted by: Got2Bet at May 29, 2002, 8:29 pm
Topic: What's the status of the legality of online gambling? Forum: Winner Online

MrSti -

I'd love to see him try to defend that position in court - so ask him why no one has ever been prosecuted anywhere in the US for casino gambling online?

If he tells you it's a gray area, that would work. But if he tells you it's illegal, he should be able to justify that with proof based on either Federal or state law.

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Spearmaster
Got2Bet - Online Gambling News and Information
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Posted by: slycin56 at May 29, 2002, 4:14 pm
Topic: What's the status of the legality of online gambling? Forum: Winner Online

Gambling winnings are only considered income when they exceed the total amount of your gambling losses, unless you're a complete idiot and don't claim your losses.

US casinos only issue W-2G's when the jackpot you've hit is $1200 or more, for any single bet.

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SlyCin56
Video Poker Junkie.com
Gambling Portal Webmasters Association
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Posted by: Syd at May 29, 2002, 3:54 pm
Topic: What's the status of the legality of online gambling? Forum: Winner Online


Quote: Originally Posted by DIZZYME:
Also, how do you "claim" gambling winnings if the gambling is illegal???
Thanks!

There is no existing federal law that makes Internet gambling a crime. There has been much debate as to whether the "Wire Act" which was enacted prior to the Internet would apply and thus make it illegal...but this has never held up in any court (that I'm aware of). I seem to remember a lawsuit in Louisiana where it did not hold up but that case is being appealed.

Unless your state has specific Internet Gambling Laws, (I think there are about 5 now?), then you should be ok. I know Missouri, Minnesota, Nevada, California and Arizona have specific laws. I can't remember any others. Anyone care to add to the list?
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Posted by: DIZZYME at May 29, 2002, 3:16 pm
Topic: What's the status of the legality of online gambling? Forum: Winner Online

Well, I live in New York and I know that gambling is not legal but we do have lotto, off track betting, bingo (at churches), some places hold what's called "Las Vegas Night" (this is more of a lottery where you purchase tickets and place them in a bin belonging to a prize you want and later there is a drawing). Also, at Fireman's Carnivals they have a tent where you can bet money and win money. Guess this is why I'm confused!! Also, how do you "claim" gambling winnings if the gambling is illegal???
Thanks!
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Posted by: tedm at May 29, 2002, 2:03 pm
Topic: What's the status of the legality of online gambling? Forum: Winner Online

Not legal in Canada but not really illegal either. No laws on it yet.
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Posted by: MrStiv at May 29, 2002, 1:17 pm
Topic: What's the status of the legality of online gambling? Forum: Winner Online

Oh no he didn't. I asked him that specifically, saying, "Hey, but the bet is taking place on a server in another country." He said it DID NOT MATTTER, it would still be considered illegal if you were somehow caught.

Mr. Stiv

Quote: Originally Posted by Got2Bet:
Your attorney friend forgot to address the issue of jurisdiction - ie. where the bet is taking place. Just on this issue alone, it would be quite difficult if not impossible to prosecute online gambling in a state which does not specifically legislate against it.




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Posted by: Got2Bet at May 29, 2002, 11:38 am
Topic: What's the status of the legality of online gambling? Forum: Winner Online

Your attorney friend forgot to address the issue of jurisdiction - ie. where the bet is taking place. Just on this issue alone, it would be quite difficult if not impossible to prosecute online gambling in a state which does not specifically legislate against it.

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Spearmaster
Got2Bet - Online Gambling News and Information
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Posted by: MrStiv at May 29, 2002, 11:32 am
Topic: What's the status of the legality of online gambling? Forum: Winner Online

I asked an attorney friend if Internet gambling was illegal IF there were no local laws on the books that specifically address the issue. He just laughed and said, "If it's not legal to gamble where you live, then it's not legal to gamble over the Internet from there either." He was quite emphatic about it and dismissed all the "gray area" arguments as foolish.

Mr. Sti
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Posted by: Got2Bet at May 29, 2002, 11:16 am
Topic: What's the status of the legality of online gambling? Forum: Winner Online

Some states have ruled that online gambling is illegal. There is no federal law that specifically addresses this issue... yet.

Not sure where you can find this information in one place - wish I knew myself.

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Spearmaster
Got2Bet - Online Gambling News and Information
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Posted by: DIZZYME at May 29, 2002, 11:08 am
Topic: What's the status of the legality of online gambling? Forum: Winner Online

It never dawned on me that online gambling was illegal!
I did a search and can't find any black & white information--Is internet gambling illegal in the US and Canada? Is it just illegal in some US states?
Any web sites out there with up to date information??
Thanks!

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