View Single Post
  #4  
Old 06-21-2005, 02:59 PM
webmonarch webmonarch is offline
Member
 
Join Date: Oct 2004
Location: Washington, DC
Posts: 61
Default Re: Poker and the law...

I am a recent law school grad, but I am NOT a lawyer until I pass the bar.

As for the site you listed, I actually disagree with the author on the DC law regarding PLAYER liability, but I agree with him as to those that host or make games available.

My personal opinion is that online gaming is going to be very difficult to bust. The only way that this would happen would be if a state, say Pennsylvania, decided that they wanted to bust up individual gamers. They would have to subpoena Internet Service Providers for logs (because the online gaming sites are located internationally and outside state (and probably federal) jurisdiction). After a fight with the ISPs (who have GENERALLY been less than willing to share customer data) they would have to survey the logs, determine who was gaming, and then make individual arrests. IN a nutshell, I think it is HIGHLY UNLIKELY that we will EVER see an individual prosecution for online gaming.

As for your situation, it would be much easier. They simply have to roll up, cite the statute, arrest, and book you. Prosecution would be much easier because they would have all their evidence in place (you/money/cards in the club).

The only saving grace for you is that the police would need to obtain a warrant BEFORE they blazed in, because the club would be treated as a private residence, most likely.

Again, I am NOT a lawyer. No one should rely on this advice. It's just an academic exercise for discussion purposes.
Reply With Quote