Fossilman... Since you are a lawer...

Well I know you specialize in Biotech Patent Law (I work in Biotech), but what are your views on Online Poker and its legality?

[Greg (FossilMan)]

I've yet to hear about any law that specifically makes it illegal. Absent such, I believe that it should be considered fully legal. But someday a judge may disagree with me.

Later, Greg Raymer (FossilMan)

[Ragnar]

I hate to disagree with the reigning world champ, but he's a patent lawyer and I was a criminal lawyer before I retired. I was a prosecutor and defense attorney in Arizona.

It depends on the specific state. I don't know about NH where the original poster lives or CT where Greg lives. I do know that online gambling is illegal in Arizona and legal in New York State. The reason that it is illegal in Arizona is that it is illegal to place a bet except under special circumstances. None of the special circumstances (Indian gaming, no house cut etc.) apply to internet gamgling. It is a misdemeanor. New York's laws apparently focus on other aspects of gambling i.e. booking the bet etc. I also know that internet gambling is illegal in Nevada. (Protection for the casinos?)

I only know of one prosecution--in North Dakota, and the authorities at least thought that the defendant was a bookie.

You need to check your local laws.

Ragnar

[Kurn, son of Mogh]

I'm pretty sure it's illegal in Nevada. But don't quote me. State laws are varied and vague. It's likely that internet gambling is not expressly illegal in most states, but as Greg said, some judges will likely disagree.

[M.B.E.]

I believe Ragnar's post is generally correct. However, depending on how (or whether) the term "place a bet" is defined in the statute, there may be a reasonable argument that playing poker does not involve "placing a bet" in that sense, and therefore playing online poker is not prohibited by the statute.

Slavic just posted a link (http://forumserver.twoplustwo.com/showflat.php?Cat=&Number=731961#Post732042) to an interesting FAQ on the legality of online gambling in Washington.

For more information, check out various columns by I. Nelson Rose (http://www.gamblingandthelaw.com/columns.html), and these 2+2 threads:

Is online poker illegal in any state? (http://forumserver.twoplustwo.com/showflat.php?Cat=&Number=469714&page=&view=&sb=5&o =&vc=1)

Post by J.R. on judicial consideration of the Wire Act (http://forumserver.twoplustwo.com/showthreaded.php?Number=597099)

[bulletspoker]

I live in CT along with Greg. Anyone know if it's legal in Connecticut?

[RollaJ]

[ QUOTE ]
I live in CT along with Greg. Anyone know if it's legal in Connecticut?

[/ QUOTE ]

Well Greg's secret is out and he is still a free man, so Im guessing you are O.K.

[Norm]

[ QUOTE ]
[ QUOTE ]
I live in CT along with Greg. Anyone know if it's legal in Connecticut?

[/ QUOTE ]

Well Greg's secret is out and he is still a free man, so Im guessing you are O.K.

[/ QUOTE ]

Maybe they just don't have sufficient "proof" of a crime. Comments by Greg or PokerStars that he is gambling online is not necessarily sufficient to charge.

[Sloats]

Fossilman, I thought you told us that you have retired and thereby are no longer a lawyer.

You may qualify as a legal consultant, but if you are no longer practicing, you may no longer retain that title.







/images/graemlins/tongue.gif /images/graemlins/tongue.gif /images/graemlins/tongue.gif /images/graemlins/tongue.gif

[GWB]

[ QUOTE ]
Fossilman, I thought you told us that you have retired and thereby are no longer a lawyer.

You may qualify as a legal consultant, but if you are no longer practicing, you may no longer retain that title.


[/ QUOTE ]

Holding the title of "lawyer" is hardly anything to be proud of. That ambulance chaser John Edwards is a lawyer, and he is hardly worthy of any respect at all.

http://freeconservatives.com/ubbthreads/images/graemlins/votebush.gif

[RollaJ]

[ QUOTE ]
Maybe they just don't have sufficient "proof" of a crime.

[/ QUOTE ]
Ya, that must be it, good point </end sarcasm>

[Sloats]

So now Fossilman can either claim his occupation as 'professional gambler' (barely a step up from lawyer), 'professional poker player' (a title bearing a lot more respect', or 'legal consultant' (a fuzzy warm description that makes people warm inside).