Mission WoO Online Gambling Legality Page

Greetings!

I have recently been bestowed a rare honor and privilege and that is to write a page for the WizardofOdds.com site:

https://wizardofodds.com/the-legality-of-online-gambling-us

That page concerns, "The State of the States," with respect to the legality of online gambling. While it is not the first page I have written for the Main Site, it is rare that I get asked to do so. Fortunately, I'll have two-three more Pages that I'll be writing for the Main Site within the next couple of weeks.

Take some time to read it if you would be so kind. If you want to research additional information on the State you live in, some of the links I have provided for most of the States should get you started. Also, I didn't stumble across too many cases in which these laws (in the States where it is actually illegal) have been applied in the form of prosecution. If you know of any in your State, I'd be most interested in hearing about them.

Either way, please read and enjoy. Unlike my WoV Articles (where Comments are best left on the Article page) this thread will be the best one for Comments on the present Article.

As a Nevada resident and someone that works in the state licensed gaming field I would be very interested to know if Nevada has denied gaming licenses or "Key Employee" status to individuals that participate in offshore gambling. I quit all my offshore gambling about 10 years ago because I thought it might be an issue for licensing in Nevada.

If anyone knows the answer to this I would be very interested in hearing about it.

Quote: DRich

As a Nevada resident and someone that works in the state licensed gaming field I would be very interested to know if Nevada has denied gaming licenses or "Key Employee" status to individuals that participate in offshore gambling. I quit all my offshore gambling about 10 years ago because I thought it might be an issue for licensing in Nevada.

If anyone knows the answer to this I would be very interested in hearing about it.

Ask and ye shall receive:

http://ggbmagazine.com/issue/vol-13-no-1-january-2014/article/nevada-rejects-poster-for-gaming-license

Quote: Mission146

... this thread will be the best one for Comments on the present Article.

Nice article. Thanks for the contribution.

Two things you might want to check out/change: Minor formatting error in the Maryland entry and capitalization errors in all of the two-word state names.

Quote: Doc

Nice article. Thanks for the contribution.

Two things you might want to check out/change: Minor formatting error in the Maryland entry and capitalization errors in all of the two-word state names.

You're welcome, and thank you for the compliment!

I'll pass those along, thank you. I did notice that about the two-word State names and assure you that I did not send them that way. I actually don't do what you might call the, "Physical," posting of Pages or Articles. Although, on WoV, I theoretically could and have the capability to Edit Articles. I have no Admin privileges whatsoever on WoO, and that's probably for the best!

Quote: Mission146

Ask and ye shall receive:

http://ggbmagazine.com/issue/vol-13-no-1-january-2014/article/nevada-rejects-poster-for-gaming-license

Thank you. I do remember that now but my recollection was that he was getting paid by Pinnacle or other sportsbooks for bringing them clients. If he was just betting then that would be exactly what I was looking for. Basically I just want to know if I can play poker and do some bonus whoring without losing my ability to get licensed in Nevada. My stakes would be orders of magnitude less than Poster's.

I probably need to pose that question to a gaming attorney.

Quote: DRich

Thank you. I do remember that now but my recollection was that he was getting paid by Pinnacle or other sportsbooks for bringing them clients. If he was just betting then that would be exactly what I was looking for. Basically I just want to know if I can play poker and do some bonus whoring without losing my ability to get licensed in Nevada. My stakes would be orders of magnitude less than Poster's.

I probably need to pose that question to a gaming attorney.

I would before you play, absolutely. If you look at Page 2 of this document containing reasons an applicant could be denied:

http://gaming.unlv.edu/papers/cgr_op11_faiss_gemignani.pdf

I think it could fall under, "Association or Membership in organized crime," because the sites themselves are doing something illegal by knowingly accepting funds from U.S. players pursuant to the UIGEA.

They could also construe it as conduct that would discredit the gambling industry, theoretically.

Interesting article. I bet reasonable volumes on sports using Betfair and would probably want to do so when I visit in August. Obviously no issues with the transfer of money as I don't use a US bank and the account is already funded. Betfair block you from logging in if they detect that you are located in the US but this is easily circumvented using a VPN. The only issue left is whether any laws would be enforced. Seems ambiguous from your article?

I would be most likely to want to bet while in New York (US Open tennis) but possibly while in California, Nevada, Illinois & Florida as well. Will be using a cell phone with a US sim if that makes any difference.

Anyone want to offer an opinion on likelihood of detection and/or prosecution?

Wow, congratulations, an article that is the polar opposite of one written by a lawyer!

You have to give credit to WoO for not wanting that.

In particular actually giving advice on the matter for each state ... completely eye-popping!

Quote: Aussie

Anyone want to offer an opinion on likelihood of detection and/or prosecution?

Very close to zero on both.

Quote: odiousgambit

Wow, congratulations, an article that is the polar opposite of one written by a lawyer!

You have to give credit to WoO for not wanting that.

In particular actually giving advice on the matter for each state ... completely eye-popping!

Thanks! It's pretty much just based on my interpretation of reading the statutes, but some of them are pretty clear. Utah, for example, is one that makes absolutely no bones about it.

As a practical matter, I'm sure very few (if any) people have ever been prosecuted, but again, I wouldn't touch it in any State where it could theoretically (or in actuality) be a felony.

I've said it before and I'll say it again, our parent site LCB (and owner Joshua Chan) is the real deal, complete stand-up guys. For the most part, I can write about whatever I want to, but about 10-15% of the time I am specifically given a subject. When I am given that subject, I am never asked to make it, 'Lean,' a certain way. Our business is online casino affiliates, but if I want to present my opinion that I would not play in a State in which it could be a felony, not the owner or his staff would ever ask me not to say that. That, among other reasons, is why I am so impressed with our new ownership when I was initially (when they first bought the site) quietly skeptical.

I was never skeptical that the site would be well-run, for the record. I had followed LCB for years and it was always a well-run operation that seemed largely impartial. While I knew we would have to turn towards online gambling related stuff a little bit, I was just afraid that we would retain nothing of the original purpose of this site, but I would say that we have actually managed to do both.

Very good article Mission! I never never seen such a good treatment on a state by state basis. I'd like to comment on one sentence,

Quote: Mission

I would undoubtedly avoid it in States in which online gambling, or the more broad, "Illegal gambling," is a felony because that's nothing to mess with for any reason.

As far as I know, the number of players who have been prosecuted for online gambling in the United States is zero. If the chance of being caught is zero, what difference does the punishment make? 0*anything=0.

Quote: DRich

As a Nevada resident and someone that works in the state licensed gaming field I would be very interested to know if Nevada has denied gaming licenses or "Key Employee" status to individuals that participate in offshore gambling. I quit all my offshore gambling about 10 years ago because I thought it might be an issue for licensing in Nevada. If anyone knows the answer to this I would be very interested in hearing about it.

I've never heard of that being a reason for denial. Then again, I don't know of every case they have heard. I got a gaming license to get my Ties Win Blackjack game a field trial, although that was a year before UIGEA. Nevertheless, they never approached me to say my license was revoked.

I wouldn't lose much sleep over it.

the link at WoO claims the article looks into "weather" it is illegal to gamble online.

it occurs to me it might be a matter of weather, in a sense, but somebody should fix that

Quote:

Kentucky
Kentucky law makes it illegal to, "Advance Gambling Activity," which is something that would apply to operators, rather than players. Kentucky law does not seem to proscribe a penalty for the mere act of gambling as a player whatsoever.

http://statecodesfiles.justia.com/kentucky/2012/chapter-528/528.010/document.pdf

RANK: Not Illegal.

Methinks you meant to say prescribe or describe.

"does not seem to proscribe a penalty" = does not stop a penalty

Proscribe = stop, bar, avoid, criticize or censure

Prescribe = require, authorize, recommend, or specify

Quote: Wizard

Very good article Mission! I never never seen such a good treatment on a state by state basis. I'd like to comment on one sentence,



As far as I know, the number of players who have been prosecuted for online gambling in the United States is zero. If the chance of being caught is zero, what difference does the punishment make? 0*anything=0. .

Thanks for the compliment, Wizard, it's definitely fantastic to have you validate my writing when I am writing for the Main Site! There's always this feeling that, "This one needs to be taken extra seriously!"

I will also say that I understand your second point, and want to reiterate that I was just speaking for myself personally. I have the good fortune to be playing (when I do) out of a State where it is effectively legal.