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

[stranger1234]

Thanks for the posts guys!!

[usmfan]

[ QUOTE ]
Playing armchair lawyer here is not necessary since this is a $500 contract and nobody is going to sue over 500 bucks.

[/ QUOTE ]

True. But wait and see what happens is the friend places in the money.

[M.B.E.]

[ QUOTE ]
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.

[/ QUOTE ]
Jaxgrinder, if you are saying that in every state it is illegal to play online poker, then you are wrong. In New York, for example, it is not illegal to play online poker.

[oneeye13]

seems like if you are that good you are wasting your time that could be better spent making you money

[Jax_Grinder]

Sigh.....

If you are going to make such a declarative statement, please provide some form of citation or credential. Gaming of any sort is specfically prohibited by Article 1, Section 9 of the New York State Constitution (execept as expressly permitted by that secion). And unless there has been some dramatic change in the law, can you explain to me how the AG was able to go after PayPal for "facilitating illegal gaming transactions" (which resulted in a settlement in '02)?

[M.B.E.]

[ QUOTE ]
If you are going to make such a declarative statement, please provide some form of citation or credential.

[/ QUOTE ]

http://www.lasvegassun.com/sunbin/st...516529004.html

"While it is illegal to run an Internet gambling operation in the United States, state laws vary as to whether the bettor is committing a crime. New York, for instance, prohibits operation or promotion of an unlicensed casino, but it does not make the act of placing a bet a crime, said Kenneth M. Dreifach, chief of the Internet bureau for the New York attorney general, Eliot Spitzer."

[M.B.E.]

Jaxgrinder, although you may be a lawyer, your credibility suffers because you are posting advice based on what you think you know rather than actual legal research.

Your statement that a gambling contract is not enforceable by the courts in any state is correct, I believe, but not for the reason you gave (illegality). Traditionally, gambling contracts are not enforceable at common law because to do so would be against public policy. That does not mean such contracts are illegal (although they are illegal in some, but not all, states).

Instead of posting legal information off the top of your head, why not defer to an expert in gaming law, I. Nelson Rose: Is It a Crime to Play Poker On-line?

Also have a look at this thread from the 2+2 archives: Is online poker illegal in any state?

[randommuppet]

even in the uk where there is certainly no questioning the legality of online gaming any gambling contract is unenforceable by law

even a lottery syndicate where one person makes off with the cash are unable to sue as it is viewed as being frivilous, trivial and a waste of an important bodies time (the courts in this instance)

but then were not as litigious as you lot..........

im interested as to why you think you have a "right" to play on party on someones elses handle when this is expressely forbidden by them? (please correct me if im wrong)

or am i being terribly naive here and everyone is doing it?

although as party allow you to change your handle every 6 months what possible benefit does this have apart from collusion (admittedely of a fairly minor nature)?

[M.B.E.]

Here is a detailed discussion of gambling law in New York state:

http://answers.google.com/answers/threadview?id=401540

Among other things, this article reaches the following conclusion:

"As directed, the State legislature “has legislated in the field of
gambling and by the Penal Law, delineated the conduct to be prohibited
throughout the state.” Wilkerson, 342 N.Y.S.2d at 942.
Significantly, “[t]he only gambling activities which are prohibited
are promoting gambling (PL §§ 225.05 and 225.10), possession of
gambling records (PL §§ 225.15 and 225.20) and possession of a
gambling device (PL § 225.30).” People v. Melton, 578 N.Y.S.2d 377,
378 (N.Y. Sup. 1991). Therefore, playing or engaging in its play are
not explicitly prohibited by New York penal laws."

[M.B.E.]

One other site I should have mentioned, with lots of information and articles on U.S. gaming law, by lawyers much more knowledgeable about the topic than those who have posted in this thread:

http://www.gambling-law-us.com/