nyc poker room in brooklyn - raided?

[freekobe]

any truth to a rumor I heard that a club in brooklyn got raised and all the players got misdemeanors charges? Matter of time before others fall prey? Thoughts?

[Luv2DriveTT]

a) who told you this rumor?
B) what else did you hear?

TT

[freekobe]

I have a few friends who frequent these clubs and one who is extremely reliable told me. I wouldn't bet my life on it, but I feel confident that it happened.

I had always thought the police would only go after the owners, but perhaps they're sending a message. I didn't hear anything beyond this. It will definitely affect my visits to NYC clubs. I only recently started going, but the overall shadiness and this recent event make the comfort of my own home that much more attractive.

Was curious to see if anyone else had heard anything...

[Derek in NYC]

I have not heard this rumor, however the part about the charges being filed against the players, is suspect. Under NY law, it is illegal to "profit from or advance gambling activity." In both cases, a person profits or advances gambling activity when that person's involvement is "other than as a player." In other words, it is not illegal to gamble, but it is illegal to organize or profit from gambling activity. See NY Penal Code 225.00. Note that the definition of "profit from gambling activity" has been very broadly construed, and even dealers may be subject to arrest for their participation in gambling activity because of the salary and tokes they receive. However, players should not be subject to arrest. YMMV... as they say, you may beat the rap, but you won't beat the ride.

[bobbyi]

[ QUOTE ]
However, players should not be subject to arrest. YMMV... as they say, you may beat the rap, but you won't beat the ride.

[/ QUOTE ]
I have a friend who was in the diamond club when it got raided (f*** you, giuliani) and if I recall correctly, he said that they checked ID's from all of the players there and wrote down their info, but then nothing after happened with that. Certainly no charges were pressed against the players. I would presume that they wanted names and addresses of players to try to get them to testify in the case agaisnt the owners, but who knows.

[Luv2DriveTT]

I know numerous people who were at the Mayfair when it was raided (more than once aparently). They do a background check on every player, and they take any player who has a criminal warrent or record (as well as those not carrying ID) downtown for processing, everyone else can go home. Money on the table is confiscated, but the playre a,owed to redeem their chips (under the watchful eye of the NYPD.

My fear is related to the IRS. Since many of the clubs keep records of the players IDs, what is the potential for damage even if the player was not caught in the raid?

TT [img]/images/graemlins/club.gif[/img]

[TakeMeToTheRiver]

it doesn't ring true. Gambling is not a crime in New York. Operating and promoting a gambling establishment is.... That is my understanding from reading the law and from everything I have ever heard.

edit -- there were the regular arrests of bookies on Super Bowl sunday... that happens every year it seems... maybe that is what he is talking about.

[sfer]

I've heard the rumor from a reliable source and I believe it. The story I heard was that it was an aggressively advertising Brooklyn club.

[TakeMeToTheRiver]

[ QUOTE ]
I've heard the rumor from a reliable source and I believe it. The story I heard was that it was an aggressively advertising Brooklyn club.

[/ QUOTE ]

Not disputing the raid part -- disputing the part about players being charged. Putting on my lawyer hat, the statute says:

[ QUOTE ]
Sec. 225.05 Promoting gambling in the second degree.

A person is guilty of promoting gambling in the second degree when he knowingly advances or profits from unlawful gambling activity. Promoting gambling in the second degree is a class A misdemeanor.


[/ QUOTE ]

What does it mean to advance gambling activity?

[ QUOTE ]
A person "advances gambling activity" when, acting other than as a player, he engages in conduct which materially aids any form of gambling activity.

[/ QUOTE ]

What does it mean to profit from gambling activity?

[ QUOTE ]
A person "profits from gambling activity" when, other than as a player, he accepts or receives money or other property pursuant to an agreement or understanding with any person whereby he participates or is to participate in the proceeds of gambling activity.


[/ QUOTE ]

Clearly, a dealer advances and profits from gambling activity. As defined in the law, a player does not advance or profit from gambling activity and cannot be charged.

[sfer]

My bad. I heard nothing about the players, just that the joint was raided.