WHAT DO YOU THINK OF THIS DEAL?? (semi-long)

[Jax_Grinder]

So, in addition to contemplating an illegal contract, you're a cheater? No wonder you sought to protect your identity.

[Nottom]

The deal itself seems perfectly fair if your actually ability is even remotely close to as good as you think it is. I have no clue who you are, but am willing to accept that you are a very good player and would likely be happy to enter into a similar deal if I really wanted someone else to qualify for the WSOP for me. That said, I certainly wouldn't expect to have a seat when all is said and done no matter who was doing the playing.

[ThreeBeers]

Not for nothing but anyone who will cheat to win is a tool. Furthermore, the "Contract" will not help you if you win since you will not be able to enforce it. Jax Grinder is correct is correct with regards to the illegality of the Contract. However, I do see why the two of you do not trust one another since you are willing to cheat.

ThreeBeers

[stranger1234]

I apologize for my post before, I did not type my thoughts correctly, I did not mean to say that I will be cheating in any way to qualify, although i re-read my post and I saw how people interpreted it, I meant that for other people it may be necessary, and it does happen, I was just trying to defend my right to play for someone else under a different screen name, which may be considered collusion, but not as bad as the other ways i described. I'm not sure how the contract would be illegal, On line gaming is not illegal, nor is playing in a poker tournament. Please clarify what specifically is illegal about the contract.

[Jax_Grinder]

[ QUOTE ]
I'm not sure how the contract would be illegal, On line gaming is not illegal, nor is playing in a poker tournament. Please clarify what specifically is illegal about the contract.

[/ QUOTE ]

1. Yes, online gaming is illegal in every jurisdiction that i am aware of. There is insufficient space here, and insufficient time on my part, to "prove" this to you, but you can either take my word or not. Suffice it to say that the absence of a specifically worded prohibition against online gambling is not dispositive of the issue.

2. Playing in a poker tournament, at least in Florida, has been found by the state Attorney General, to be in violation of Florida's criminal statutes (except where otherwise allowed by statute - i.e., dog track poker rooms). There may be other states where, under certain defined circumstances, where poker tournaments without a house fee are legal, but, again, I do not know where you reside.

3. The contract is illegal because its purpose is to obtain and allocate profits from an illegal activity. If you insist on holding to your belief that online gambling is not illegal, then this won't matter to you.

Rare is the principle of law that is unassailable, but I would certainly not like to be the one who tests this theory with significant money at stake only to have the judge luaghingly dismiss my claim.

[ThreeBeers]

Jax Grinder is correct. On a side note, the "Contract" could be used in a criminal proceeding agasint the two parties since the "Contract" would qualify under the "statement against interest" hearsay exception.

ThreeBeers

[Tim H]

it is illegal to run a online gaming site in the states.
it *currently* is not illegal to wager online (federal statutes)

[Jax_Grinder]

I do this all day at work, so this will be my last word on the subject.

True, there is no federal statute that prohibits gaming activity. This is why gambling cruise ships can travel outside state jurisdictional waters (3 miles) and host gaming activities. However, there is no prohibition in federal law BECAUSE regulation of gaming is a STATE issue (as are nearly all criminal matters). Go read your state statute on gambling and you will see why online gaming is illegal in the jurisdiction from which the wager is placed.

If you are suggesting that there is a federal statute that expressly permits gaming, along with the necessary provision that the federal government has deemed it appropriate to trump states' rights on this issue, then please provide the citation.

Finally, if you violate the criminal laws of your state by placing a wager, and that wager is transmitted across state lines, then you have, in fact, violated federal wire laws (which have their basis in the regulation of telecommunications - an issue which has been preempted by the federal government).

If you still disagree, good luck with that.

Cheers,

H4MM3R

[adanthar]

Playing armchair lawyer here is not necessary since this is a $500 contract and nobody is going to sue over 500 bucks. (Furthermore, if the friend needs somebody else to qualify him into the WSOP that badly, he's dead money and will never cash in this event to start with.)

However, as one of the better (but by no means the best) players in the SNG forum, if you think you have a 'good' chance of getting one seat from $500 and two from $1500, you're...extremely overoptimistic is the way I'd put it. I think there's a decent chance that, with very good play and some luck, you can get *3* seats into the 328's from the first 500 bucks, but qualifying from there is going to take a lot more than 3 tries on average.

If you get 2 seats off $1500, consider yourself spectacularly lucky.

[Jax_Grinder]

Simply for the purpose of protecting my bonafides, I will tell you there is nothing "armchair" about my lawyering...

Insofar as the poster went through the exercise of drafting a contract of sorts (and seemingly put some work into it), it is certainly apropos to his request to advise him that the document is meaningless.