Posts Tagged ‘ Laws ’

Online Gambling Laws in the United States

August 11th, 2010
posted by admin 11:36 AM

This article is aimed at educating you on some of the online gambling laws in the US. I say some because it is impossible to cover all the US laws in relation to online gambling as most states have their own rules and regulations, also the laws can change from day to day or month to month. Along with the information I am going to present to you in my article, you can also take a look at this website; www.gameattorneys.com as this would provide you with additional information that would be beneficial to you. When we think of online gambling laws two things might come immediately to mind: complicated and strongly enforced.

The online gambling laws in the US have been intricately wrought over the last few years. This is so because the Department of Justice claims that every single aspect of internet gambling is illegal under the United States federal laws. However, the statutory language and judicial guide relating to online gambling does not promote the government’s wide pronouncements of illegality. The Department of Justice depends on the Wire Wager Act as its foundation for stating that internet gambling is illegal. However this specific law is used to ban only a couple online gambling games – therefore once a game is not listed as illegal under this law the individual cannot be charged for participating in it. Therefore it can clearly be stated that once it relates to federal laws the operation of an online sports betting website is illegal, but for the other forms of online gambling it is still unclear.

The instances, in which certain individual states have passed their own laws relating to online gambling, are a key factor which has complicated the situation of online gambling laws even further. Even though these laws have been put in place not many prosecutions have resulted, therefore the legitimacy of these laws has not been fully tested. Despite the question of the legitimacy of these laws more and more states are using them thus causing a growing spider web trapped state of affairs when referring to the legality of online gambling. Therefore it would work out like this, some forms of online gambling may be illegal in one state however in another state it may be legal.

The United States law enforcement authorities at the state and federal levels have only just increased the rate of enforcement of criminal law against individuals which are knowingly breaking the country’s online gambling laws. US citizens as well as foreigners have been arrested during this exercise however the outcomes of the prosecutions are unclear. There have been attempts though to legalize online gambling in the US however, they have so far all been in vain as the Department of Justice is not allowing it. In closing even though online gambling is a fast growing industry and is legal in a couple countries the US government is probably going to maintain their view of internet gambling being illegal for years to come.

Online Sports Gambling Laws

July 12th, 2010
posted by admin 11:48 AM

Online Sports Gambling – The Law and You

Straight Answers On the Legality of Sports Betting

When considering betting sports on the internet, it’s not uncommon for a person to wonder whether they’re breaking a local or state law. After all, most states, and even the federal government, have legislation about whether and how it’s legal or not to gamble.

Who Regulates Sports Betting?

Until recently, the regulation of gambling in the US was left entirely to the discretion of the individual States. But the advent of online gambling created confusion about jurisdiction. After all, who runs the laws in cyberspace? Most current laws meant to apply to gambling in general were created long before the internet existed, and thus the application of those laws to online gambling is open to broad interpretation.

US Regulation of Sports Betting

“The most important question being asked about online gambling is: ‘Is it legal to run a sports betting operation offshore and take action from clients in the United States?’ The US government will argue it is not legal.

However, no bills have been passed to prevent such activity; and in recent years attempts to pass bills of this nature have failed,” explains Chris Costigan, sports gambling analyst and president of Gambling911.com, the industry’s premier sportsbook watchdog site.

Costigan continues on, “The Federal government has placed much of the responsibility of gambling legislation in the hands of individual states, some of which have considered legalizing online gambling (North Dakota voted on legalizing online poker within the state, but that bill failed to pass). Some states, like Illinois, have added legislation that strictly prohibits the advertising of online casinos. Only three states – California, Louisiana, and Nevada – strictly prohibit its citizens from betting beyond state borders. However, such laws are historically loosely enforced. Most states consider gambling violations misdemeanors with the vast majority focusing specifically on operators as opposed to the actual gamblers themselves.”

To avoid breaking US law, most internet sportsbooks are located offshore in foreign countries and also house their computer servers there. (Click here to learn more about the Advantages of Online Sportsbooks)

To be clear, the US government has been attempting to pass legislation to deal specifically with the regulation of online gambling. However, because there are so many grey areas regarding who has authority over activities in cyberspace, these attempts have not been successful in passing and it’s becoming clear that the US will not be able to effectively legislate online gambling. As Costigan and Gambling911.com point out, “2005 will be the first time in five years we will not see any proposed anti-gambling bills emerge in Washington.”

Legal Issues: The Summary

The Wire Wager Act

The Wire Wager Act, in its most basic sense, prohibits the use of a wire transmission to foster a gambling pursuit. What does this mean? Your guess is as good as mine, and as good as the people who wrote the legislation. Some lawyers argue that what this act means is that any interstate use of the internet that is related to placing or receiving bets is illegal. However, other lawyers believe that this cannot be applied to internet betting due to both the extensive use of wireless internet services and also, due to some vagary in the language, the act may only apply to sports event betting and not other types of betting. Most importantly, the specific language of the Wire Wager Act says that it applies only to those participating in the business of betting or wagering. That limits its impact to only sportsbooks and casinos and means that it can in no way be used against the actual bettor.

April 2005: Two important rulings are handed down regarding online sports betting. Chris Costigan, sums them up as follows:

“Firstly, the World Trade Organization upheld its decision in favor of Antigua, a tiny island nation that claimed the United States stymied its lucrative online gambling industry. Antigua contended that many online gambling operators left its jurisdiction as a direct result of the United States crackdown on operators and advertising venues.

A more critical ruling involved the United Kingdom, which now allows gambling companies to take bets online from the UK. While England’s stance on bookmaking is quite opposite of the United States, internet sports betting shops and online casinos were forced to operate offshore on nearby islands such as Gibraltar and the Isle of Man. The United Kingdom decision is viewed as a nod of approval by an industrial nation paving the way for internet gambling to thrive in a fully regulated environment, and the U.S. is most likely to recognize and respect its position.”

So, Can an American Bet Sports Legally?

The simple answer is there is an explicit law against online betting in only three states – Nevada, California, and Louisiana. Even so, NO American citizen has ever been arrested for betting on the internet.

Pregame.com provides sports betting rules, basics, advice, systems, and strategy, online for free, covering NFL Football, NCAA college basketball, NBA, pro MLB baseball wagering from gambling experts.

Online gambling laws in Indiana are quite complicated they require an individual to undertake hours of study to have a thorough understanding of them so as to ensure that they are followed correctly. However, don’t be alarmed as there are a couple legal websites which are set up to provide you with the necessary information you may want – the basics of the gambling laws in plain English that anyone can understand. One point that we need to keep in mind though, there are federal laws which are set as a general basis from which all the states create their own laws, like for instance the online gambling laws in Indiana. This article is based on highlighting the advantages of the online gambling laws in Indiana that make them different from other states.

The online gambling laws in Indiana lie firmly in favor of the government. Even though the majority of the online gambling services are provided by private institutions, the rules set up by the government on Indiana leave the Indiana government with a certain degree of control over the entire system. Thus, there would be order, and once the online casinos as well as the online gamblers make themselves aware of the rules and regulations that they need to follow everyone would be able to enjoy the exciting world of online gaming peacefully and more important – legally.

Gambling laws in Indiana concerning internet gambling make it almost impossible for individuals to gamble legally online in Indiana. This is a good thing in the eyes of the government as it of course would reduce the chances of individuals becoming addicted to gambling as if you are gambling online you can participate in this in a much easier fashion than having to go out to a casino to gamble, it can be done at any time day or night and anywhere so a person wouldn’t even have to leave their home to gamble and so could secretly develop an addiction. Also it would be beneficial to the government as they would not have to spend money on setting up programs to help these individuals with their addictions. The third advantage of online gambling laws in Indiana would be in favor of the online casino itself. See there are specific procedures and regulations in which these online casinos need to follow in order to establish themselves, operate, even to advertise, therefore those adhere to these specific laws would not be able to operate once they are discovered. The fourth advantage of online gambling laws in Indiana would be to protect online gamblers from online fraud. This simply means that information is made available via websites which educate individuals on the various scams that are occurring at various casinos or which casinos don’t pay up when you go to cash out.

All of these supposed benefits however ignore the right to the pursuit of happiness underlined in the constitution and a well policed online gambling establishment could be the key to happiness for dozens of individuals in Illinois who are being denied it. Allowing online gambling would increase income in the state of Illinois which would be beneficial to the businesses all around. The most important part to consider though is that people are going to find ways to get around gambling laws and as such may get taken for all they’re worth by immoral online gambling casinos if online gambling weren’t outlawed we could protect all these unwary gamblers.

In closing we need to keep in mind that rules are put in place for our protect and they all serve a very important purpose no matter how small it may be, but some rules need to change with the times. Think about this when you vote for your laws.

US Gambling Laws

April 28th, 2010
posted by admin 11:34 AM

Las Vegas is said to be a popular tourist destination in the United States of America. Ask any visitor to Las Vegas the reason of his arrival in the Vegas, his reply would be “To gamble”. To that extent, not only Las Vegas but also other major cities in the United States of America provide enough opportunity to people who wish to ‘punt’ on their money. Needless to say, casinos are breeding grounds for some rags-to-riches and riches-to-rags stories.

What are the US Gambling Laws?

Gambling is a legitimized activity in many states in the USA. Many state and federal laws mandate statutes that govern the activity of gambling in the United States of America. The US Gambling Laws are further divided into three sections – State Laws, Federal Laws and Charitable Laws.

State Laws – Most of the states in the United States of America have legalized gambling. These gambling laws are applicable to any form of gambling which includes but is not limited to lotteries, casino gambling etc. For example, the state law of Alabama lays down the rule that any person who has lost some money during gambling can claim the money back in six months from the date of the gambling. This is governed by the Section 8-1-150 of the statute of Law of Alabama.

Federal Laws – Federal laws are laws mandated by the government of the United States of America governing the gambling industry. The four main federal gambling laws include – Federal Anti-Lottery Laws, Unlawful Internet Gambling Enforcement Act of 2006, Wire Act Violation: Internet and Phone, Gambling Ship Act. The Unlawful Internet Gambling Enforcement Act of 2006 mostly bans gambling operators in accepting funds from bettors through the internet. This act has swooped down on tons of websites that indulged in unlawful internet gambling.

Charitable Laws – Majority of states in the United States of America have enforced laws that exempt some gambling activities from the gamut of the state and federal gambling laws. These activities include but are not limited to bingo and charitable raffles. Please note that the states of Hawaii and Utah are an exception here as they do not have any Charitable Law. For example, Bingo is considered perfectly legal in the state of Alabama. In the same vein, the state of California has mandated laws on Charitable raffles, Charitable bingo and Charitable poker games.

The Online Gambling activity is in terms of its legalities and various rules as applied by the government of United States of America. This reason has prompted many casino owners to operate the casinos from other countries which ensure that they are not governed by the tough laws of the United States of America.

The Federal Government has mandated certain statutes for online gambling and online casinos as well ensuring the protection of customer rights at all times. In fact, the government of the United States of America has banned all cross-border gambling activities which has met with a lot of criticism at the World Trade Organization.

UK Gambling Laws

March 11th, 2010
posted by admin 3:09 AM

Your visit to the city of London or Manchester can just not be complete without you visiting any one of the casinos. Specifically now, as the gambling laws have been relaxed, a ‘punter’ in literal terms can have a ‘relaxed’ visit to the casino and play the game he wants. ‘Relaxed’ may be a pun in the context as Casinos brim with action at all times. One thing is for sure, UK Gambling Laws have been formed now in such a way that gambling can indeed be treated as a fun activity.

What are the UK Gambling Laws?

• Establishment a single regulatory authority – The latest change to the UK Gambling Laws has been to establish a single regulatory authority that will regulate and monitor the activity of gambling in the United Kingdom. This authority will regulate and prescribe rules to entities that promote and conduct gambling activities.

• The UK Gambling Commission – In the United Kingdom, it is believed now that the word gambling starts and ends with “The UK Gambling Commission”. This is the single regulatory authority which we discussed a while before. The UK Gambling Commission’s major role is to provide licenses to all the gambling operators. With workers in casinos and gambling outlets a major factor to customer’s experience, the commission also regulates licenses to key workers in the gambling outlets.

• Tests for Gambling Operators – Gambling operators in the UK have never had it so tough in the UK to get their licenses. Now, it is mandatory for the gambling operators to undergo a three part test also known as the Fit and Proper Test. This is done for them to get an operating license. The Fit and Proper test examines the applicant’s suitability to the role, financial stability, knowledge and competence in gambling. The applicant is required to pass all the three examinations to be considered eligible to get the operating license. The UK Gambling Commission conducts monitoring and inspection activities on the applicant and the casino. This is a due diligence activity carried out by the UK Gambling Commission to ensure that all the standards prescribed to the gambling operators are met consistently.

• Licenses for Corporate clients – Should you be a director of a casino, you would be considered as a corporate client. In all probabilities, you and other key members of your management team would need to undergo a test conducted by the UK Gambling Commission.

As per the new gambling laws in the UK, every application is thoroughly examined, monitored and if necessary, the candidates would be interviewed before an operating license is given to the individual or the entity.

If people think that all these laws have been introduced to shy people away from opening and visiting casinos, they are wrong. The objective of restructuring the UK Gambling Laws is to ensure that gambling no longer is considered an illegal activity. Now, if you are in UK, you do not need to hide from the cops if you wish to go gambling.