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Poker is a skill game, says federal court

Discussion in 'Poker News' started by snooptodd, Aug 21, 2012.

  1. snooptodd

    snooptodd Well-Known Member

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    So a guy running a poker game got charged for running an illegal gambling business. He appealed, saying it's not a gambling business because poker is a skill game.

    And a federal court in New York agreed with him.

    U.S. vs. DiCristina Opinion (08/21/2012)
     
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  2. noelsarchs

    noelsarchs CCGTCC Member

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    Read the last 10 pages of this ruling first, it's quite good.
     
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  3. NoFear

    NoFear Well-Known Member

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    I luv a America!
     
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  4. spikeithard

    spikeithard Well-Known Member
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    I LOVE how between pages 5 and 6 there is an online poker advertisement lol

    but pretty cool story bro.

    winning!
     
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  5. JeromyinWV

    JeromyinWV ChipTalk.net Supporter
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    I read it all and I think it said online poker is rigged!
     
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  6. Chicken Rob

    Chicken Rob Poker sorry.
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    tl; dr.

    So does this mean we may see the opportunity to run home games and social clubs with poker legally in this country at some point in the near future? I'd run a game (and pay taxes on the rake) in a heartbeat if there were no criminal charges attached just to have access to a better game.
     
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  7. MrBo1011

    MrBo1011 Well-Known Member

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    Not 100%, but I think it just means that federal agencies are less likely (after all, the decision just applies to this individual case and does not automatically rewrite the laws) to take action against poker home games, though state and local rules would still apply. The other implication is with online poker - i.e. all the federal actions taken against payment processors could be null and void now.

    All-in-all, definitely very good news for both home gamers and folks looking forward to playing online again in the near future.
     
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  8. EmptyPocs

    EmptyPocs all chips, no cash
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  9. jbutler16

    jbutler16 Old Man Sweater

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    appeal's still 50/50
     
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  10. osumike11379

    osumike11379 Faux Clay Nation
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    i think this is awesome - It needs to be appealed so it continues to go up the chain...
     
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  11. ipgyst

    ipgyst Well-Known Member

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    They write tomes and tomes on poker. Not one book about "Bingo" strategy. One is a game of skill, the other a game of chance. Glad a judge had the stones to call it the right way.
     
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  12. snooptodd

    snooptodd Well-Known Member

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    Unclear. The ruling is pretty limited, really. Mostly it just means that charging the guy with a federal crime under IGBA was dumb. The judge points out multiple times that poker is considered gambling under NYS law, and the guy would probably be found guilty under those charges. The judge also made it quite clear how unimpressed he was was the government's case.

    Actually, almost every Black Friday charge had to do with bank fraud and money laundering, not gambling. And the online companies are almost certainly guilty as hell. And as it stands, those cases are pretty much over anyway - the companies have already reached settlements. Individuals (i.e., Ray Bitar) still face criminal charges, but the companies are finished dealing with the government and will have to pay the fines they agreed to.
     
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  13. AngryRant

    AngryRant Member

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    But there are some books on roulette strategy :wink:
     
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