Question for the concerned

capitalist pig · 10-02-07, 08:16 AM

Depends what state you are in, as I understand it some states have state laws regarding net wagering. Now whether your local PD could actually come up with the law is another question. Google state internet gambling laws, and you will find your answers.

Personally I would not open that can of worms by going to my local police dept, LOL.

later

Rollins08 · 10-02-07, 09:27 AM

I agree that contacting the local police would be a bad move. I have never heard of a casual player getting busted for using an offshore book. It would be best to lay low.

jon13009 · 10-02-07, 11:13 AM

The only ones the Feds are interested in are the people running the books themselves. Right now the law states that on-line gambling is basically a violation of the RICO act and current Anti-Gambling legislation.

As for asking any legal authority on betting on sports - I would stay away from public officials (they are programmed to deny any knowledge on this matter except to tell you it is wrong and illegal except in Las Vegas). If you really need to know, consult an attorney (who will keep your discussion private and confidential). Sorry, I don't know any lawyers who specialize on this matter, but I am sure they are out there.

Here is a link to a discussion on the Fed law that was passed:

http://www.gamblingandthelaw.com/columns/2006_act.htm

Also, as stated in this tread, look at you state laws concerning gambling.

Here is a link to a basic summary of state laws:

http://www.gambling-law-us.com/State-Law-Summary/

I would not be concerned about the feds or state officials busting your door in, unless you have made lots of money on-line and did not report it to the IRS. If you are concerned about how to deal with on-line winnings to the IRS (I am assuming you are not laundering money here or running a bookie service through your online book), a tax attorney would be the place to go (I guess). Also, keeping a low profile is always best (unless you know whom you are speaking to) when discussing on-line wagering. Right now all the feds have done is make it more difficult to get your money into and out of a off shore book.

WileOut · 10-02-07, 11:24 AM

It is a misdemeanor in most states to bet on games. However authorities never go after the players. If anything they want the book owners.

Like someone else said you should google "state gambling laws" and see where your state stands on the issue. It is not against federal law to place a bet, its only against the law to be a bookie.

I am a family man as well and even if I were in a state that didn't allow gambling at all I would not worry about it. I think very few people have ever been arrested for placing bets, if any.

MrX · 10-02-07, 11:52 AM

You could speak to a lawyer. You'll most likely get a more intelligent and accurate answer than asking the government.

As others have said, it's almost impossible that you'll get in trouble as an individual making bets, unless you're winning significantly and evading taxes.

TheGambler · 10-02-07, 02:14 PM

I appreciate all of your responses as you are all very helpful. I probably should have made my statement a little more clear. I actually was not going to go talk to anyone, I was just wondering if you guys thought that any public officials would even have an answer to give me. I feel that this topic is not something that local authorities or politicians even know anything about. If I didn't go to this message board, I probably would not of even known about the unlawful internet act from last year. I just don't feel that it is well known except at the federal level. By no means would I draw attention to myself, I just think it is kind of funny that no local authority could probably give me any kind of information about online gambling. thanks guys for your good comments though. let's start the week off with a win tonight. go memphis!!

The HG · 10-02-07, 10:31 PM

I recall that someone in a state, I think it was Utah, wrote on his taxes that his occupation was "professional gambler", and the state authorities came after him, and did something bad to him, I think he actually may have gone to jail, although that could be my imagination. I remember reading about it a long time ago. I'm 90% sure the state was Utah.

jon13009 · 10-02-07, 11:13 PM

I think it is actually ok to state you are "professional gambler" on your taxes, (but not indicate you gamble on-line?).

---------------
"On every federal tax return you must include your occupation. This is a statutory requirement. However, you do not have to incriminate yourself (the Fifth Amendment). There is nothing wrong with an online gambler (filing as a professional) calling himself a professional gambler. That's a correct description of what he or she does. Be forewarned that if you are stupid enough to put down on your tax return that you are in an illegal occupation (e.g. "illegal drug dealer"), you can have your name forwarded by the IRS to other law enforcement.

Today the government isn't attempting to prosecute online gamblers. However, the government might be looking to prosecute owners of online gambling sites and people who work for online gambling sites. Online gamblers are far better off declaring their gambling income on their tax returns and paying their taxes than facing fines, penalties and possible imprisonment for ignoring the law."
----------------
Source:

Page not found | Taxable Talk

http://www.taxabletalk.com/archives/archive_2005_08.shtml

But I have to agree listing your occupation as "professional illegal drug dealer" might be a bit stupid.

DaveRabbit · 10-02-07, 11:56 PM

a criminal defense lawyer would have your answer

criminaldefenselawyer.com

The HG · 10-03-07, 04:18 AM

Originally posted by jon13009

I think it is actually ok to state you are "professional gambler" on your taxes

Right, but I believe it was under Utah state law that there was a problem. I know I read this story a bunch of years ago, maybe 5 or 6 or so. I don't remember the specifics though.

rm18 · 10-03-07, 04:34 AM

maybe not the same case, but someone I think had 43g's cash confiscated, and I think their laptop too

Rollins08 · 10-03-07, 06:00 AM

I think the Utah case was a bunch of people involved in taking bets. I'm not sure though.

20Four7 · 10-03-07, 06:39 PM

Here are some highlights of Utah's laws regarding gambling:

(1) "Gambling" means risking anything of value for a return or risking anything of value upon the outcome of a contest, game, gaming scheme, or gaming device when the return or outcome is based upon an element of chance and is in accord with an agreement or understanding that someone will receive something of value in the event of a certain outcome, and gambling includes a lottery; gambling does not include:

(a) A lawful business transaction, or

(b) Playing an amusement device that confers only an immediate and unrecorded right of replay not exchangeable for value.

) A person is guilty of gambling if he:

(a) participates in gambling;

(b) knowingly permits any gambling to be played, conducted, or dealt upon or in any real or personal property owned, rented, or under the control of the actor, whether in whole or in part; or

(c) knowingly allows the use of any video gaming device that is:

(i) in any business establishment or public place; and

(ii) accessible for use by any person within the establishment or public place.

(2) Gambling is a class B misdemeanor, provided, however, that any person who is twice convicted under this section shall be guilty of a class A misdemeanor.

(1) Whenever any magistrate shall determine that any devices or equipment is used or kept for the purpose of being used for gambling, the magistrate may authorize the county commissioner of the county wherein the seizure occurred, in conjunction with the sheriff, or if the seizure occurred within the limits of an incorporated city or town, may authorize its governing body, in conjunction with its chief law enforcement officer, to seize the devices or equipment and institute forfeiture proceedings in accordance with the procedures and substantive protections of Title 24, Chapter 1, Utah Uniform Forfeiture Procedures Act.

rugbybdyb · 10-03-07, 07:51 PM

Ive never heard of anyone going down for this, but who knows, I think if they waste their time on that it would be stupid, there are many people doing much worse stuff on the internet that should occupy their time, but who really knows, I always go by the rule that if you think that its bad then it probably is......wether you get busted or not is another question.....

mrmark · 10-03-07, 08:01 PM

Unless your gettin filthy rich by gambling on the internet I would'nt worry to much at night!!!!The Gov. does'nt want you they just want their cut of the money! Dont sweat it I doubt anyone is getting rich other than the Books!

Bill Dozer · 10-04-07, 02:48 PM

Originally posted by Ganchrow HG

I recall that someone in a state, I think it was Utah, wrote on his taxes that his occupation was "professional gambler", and the state authorities came after him, and did something bad to him, I think he actually may have gone to jail, although that could be my imagination. I remember reading about it a long time ago. I'm 90% sure the state was Utah.

From what I recall reading on a website that covered the case he paid a fine of a couple hundred dollars and moved to a different state. I am not sure if it was Utah or not.

louis · 10-05-07, 03:08 PM

You need to examine past police behavior and ignore the law

You need the statistics of how many sportsbettors have been arrested in your state to date. Whether or not it is illegal doesn't matter that much today in the United States. The police and marshalls often arrest and steal money from citizens on the highway, without regards to whether or not they truly broke a law. The police can arrest anyone they can, you can sue anyone you can, regardless of whether a law was broken, then you hire a lawyer for thousands of dollars and eventually the law will determine what happens.

What you want to know is whether or not the police are likely to arrest you. The answer is found in whether or not they have arrested people in the past for this.

If you are a recreational gambler it is extremely unlikely the police are going to arrest you. If you make your living gambling the police could possibly seize your property to investigate the illegal way you are making your living so it is best to not advertise your business.