Internet gaming illegal in washington?

[send_the_msg]

i just read that it's illegal to play any form of online poker/gambling in the state of washington. i've been playing partypoker here (seattle) for about 6-8 months, does anyone know if there is any risk to this? i am technically a resident of oregon (and all my party info leads to oregon addresses, etc). thanks

[kross]

Hmm, I was under the impression it was illegal in every state, not just Washington.

[mistrpug]

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Hmm, I was under the impression it was illegal in every state, not just Washington.

[/ QUOTE ]

This is wrong. There is no federal law against internet gambling/poker.

[Sarge85]

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i just read that it's illegal to play any form of online poker/gambling in the state of washington. i've been playing partypoker here (seattle) for about 6-8 months, does anyone know if there is any risk to this? i am technically a resident of oregon (and all my party info leads to oregon addresses, etc). thanks

[/ QUOTE ]

As a Washington resident, I can confirm that it is in fact illegal at this time.

From the Washington State Gambling Commission:
Sarge[img]/images/graemlins/diamond.gif[/img]


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Have you been online and noticed advertisements for online gambling? Have you received direct mail advertising from online casinos? Is any of this legal? Below, we have attempted to answer some frequently asked questions regarding Internet gambling.

Is online gambling legal in Washington State?

No. State law prohibits the transmission or receipt of any wager or gambling information intended to be used for bookmaking or other unauthorized gambling activity. It is also illegal under federal law, including the Federal Wire Wager Act (18 U.S.C. § 1084 (1994), to operate a betting or wagering business using telephone lines or other“wire communication facility.” Federal prosecutors have successfully prosecuted United States citizens with businesses based offshore under the Wire Wager Act. Mary Jo White, the United States Attorney for the Southern District of New York, has stated publicly that offshore sports betting operators who use the telephones, Internet, or other forms of wire communications to solicit bettors from the United States are acting in violation of federal law, and that her office will continue to monitor and vigorously prosecute offshore sports betting operations that engage in “blatantly illegal activity.”

Although online or Internet gambling is legal in other countries, for example, the Dominion Republic, Australia, New Zealand, Sweden, Germany, South Africa, Antigua, etc., it is illegal for operators in such countries to accept wagers from people in the United States.

If online gambling is illegal in the United States and Washington State, then why do I see them all over the Internet?

It is not illegal to operate an online or Internet gambling website in countries which permit it and when the people placing those bets are in those countries; it is illegal, however, to solicit bettors from the United States, under the federal Wire Wager Act. Also, people in Washington State who place bets on the Internet can be charged with Professional Gambling in the Third Degree, which is a gross misdemeanor.

Has anyone ever been prosecuted for online gambling?

Yes. Jay Cohen was convicted in February 2000 for violating the Wire Wager Act in connection with his operation of World Sports Exchange (WSE). Mr. Cohen was sentenced to 21 months in prison and fined $5,000. WSE is a website that operates out of Antigua and that solicited people residing in the United States, to place bets through use of toll-free 800 numbers and WSE’s website. Cohen also placed ads in various United States newspapers and magazines. WSE invited customers from throughout the United States to contact WSE to open a sports betting account; to wire transfer money to WSE to fund that account; and then to bet on sporting events and contests using that account. Also, in March 1998, 21 defendants were charged with violating the Wire Wager Act for their involvement in operating offshore sports books that accepted wagers from people in the United States via the Internet and telephones. Ten of those defendants pled guilty to conspiring to violate the Wire Wager Act and three pled guilty to related misdemeanor charges.

Can I gamble at online casinos?
No, not in Washington State. It is a gross misdemeanor to knowingly transmit or receive wagers, betting odds and any other gambling information intended to be used in any kind of unauthorized gambling activity, such as bookmaking. It is illegal under RCW 9.46.240, to transmit gambling information by telephone, telegraph, radio, semaphore or any other similar means; it is also illegal to knowingly install or maintain equipment for the transmission or receipt of gambling information.

What will happen to me if I am caught wagering online in Washington State?
You could be charged with violating the law prohibiting the knowing transmission or receipt of gambling information. You could also be charged with Professional Gambling in the First, Second or Third Degree, depending upon the amount of money and the number of people involved. Criminal penalties range from imprisonment of one to ten years, and a fine of between $5,000 to $20,000.
If I have problems with an online casino or sportsbook who can I report them to?
The Internet Fraud Complaint Center (IFCC), a partnership between the FBI and the National White Collar Crime Center (NW3C), operates a website and accepts complaints regarding Internet fraud. IFCC's stated mission is to address fraud committed over the Internet. The URL link to their website is as follows: https:// www.ifccfbi.gov/sitemap.asp. You can also contact the regulatory and/or law enforcement agency responsible for overseeing online or Internet gambling in the country where the website operates its site from.

I have just won a lot of money wagering online, but the company won’t pay me my winnings – what recourse do I have?
Once you choose to engage in illegal activities, there is very little, if any recourse available.< Although you may file a complaint with the Internet Fraud Complaint Center, or may contact the regulatory and/or law enforcement agency overseeing online or Internet gambling in the country where the website operates from, it is unlikely that you will able to obtain your winning wagers from an operator who has been shut down by government officials. For example, recently, in connection with the prosecution of Jay Cohen and World Sports Exchange, a 25-year-old insurance claims evaluator from California, was unable to collect approximately $5,000 in winning wagers from Jay Cohen’s Internet gambling website. His “cyberbookie” refused to pay him, saying it could not meet its obligations because the FBI had raided the U.S. offices of its parent company and frozen its bank accounts. The unfortunate gambler stated that he didn’t feel like he was doing anything wrong, and that he didn’t understand that it was illegal to bet over the Internet because he had heard so many radio ads about offshore betting.
Can we sell and/or purchase raffle or lottery tickets online in Washington State?
No; lottery tickets may only be purchased from licensees of the Lottery Commission. Citizens of other states should check with their local gambling and/or lottery regulatory agency. Additionally, online or Internet raffle and lottery activities are prohibited by the Federal Wire Wager Act.

Can I advertise gaming activities online?
State laws do not prevent the advertising of gaming activities online, as long as the subject of the advertisement is authorized gaming activities. However, other agencies, such as the Federal Communications Commission, may have statutes and regulations that apply. Any of the house-banked or tribal casinos, or bingo operators may advertise on the Internet; however, no one may advertise or solicit citizens of Washington State to wager online.

Where can I obtain more information on Internet gambling?
The Washington State Attorney General’s Office operates a Consumer and Criminal Justice Cyber Clearinghouse website in which you will find tips on what to do if you are a victim of online or Internet fraud. On the Internet, go to http://www.atg.wa.gov/. The United States Dept of Justice’s Computer Crime and Intellectual Property Section (CCIPS) also has a website where you can obtain more information; go to http://www.usdoj.gov/criminal/cybercrime/crimes.html
If you have questions that weren't answered here, please contact us.


Page last modified on January 03, 2005

[stabn]

Note that the application of the laws quoted by that site to internet gamblnig has never been proven in court. All signs point to it being illegal, but they've never attempted to prosecute anyone for it.

[mattw]

is the state of washington going to prosecute, fine, jail, 50k residents (just a guess as to the number?) is this effecient use of taxpayers dollars? is there not more serious crimes to be investigated? perhaps its kinda like prohibition; the more people do it, the more its accepted.

[M.B.E.]

http://tinyurl.com/dw8b8

[Sarge85]

[ QUOTE ]
is the state of washington going to prosecute, fine, jail, 50k residents (just a guess as to the number?) is this effecient use of taxpayers dollars? is there not more serious crimes to be investigated? perhaps its kinda like prohibition; the more people do it, the more its accepted.

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My thought is (and this is completely random and unsubstantiated) that if the "State" (Washington or otherwise) goes after "Joe Leisure" playing online poker, it would be in the collective interests of the online gaming companies to hire all the best lawyers for Joe Leisure and use it as a stepping stone to try and legalize this.

IMO

Sarge[img]/images/graemlins/diamond.gif[/img]

[mdrudeen]

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Internet gambling is legal in other countries, for example, the Dominion Republic

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sweet, lets all move to the Dominion Republic!! (sounds oppressive)

[Shoe]

According to that Gambling F.A.Q site, it says it is illegal in wisconsin too (one of the few states where it says yes). I'm wondering how much of a risk it really is, and if I should consider moving to another state where their gambling laws are more lenient.

Also, in wisconsin it is complete bs because they have poker at B&M's and it is one of the highest grossing gambling states in the nation.