Clarify the law

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  • numptie
    SBR Rookie
    • 02-18-07
    • 35

    #1
    Clarify the law
    Could someone clarify - is it actually illegal for a US citizen to gamble online? I know many sites don't allow US guys but I think that is to protect themselves from actions, not the individual customers.
  • prop
    SBR MVP
    • 09-04-07
    • 1073

    #2
    I'm not expert at all, this is just my very limited understanding.

    It is state by state. Only 13 states even have laws that can relate to internet gambling. Its hard to say its illegal most places but its not explicitly legal any state either.
    Comment
    • jjgold
      SBR Aristocracy
      • 07-20-05
      • 388179

      #3
      It is illegal to bet on sports period in any us state except Nevada.

      it is illegal even to bet horses online in certain states even with licenensed amercian racebooks.
      Comment
      • jon13009
        SBR MVP
        • 09-22-07
        • 1258

        #4
        Originally posted by jjgold
        It is illegal to bet on sports period in any us state except Nevada.

        it is illegal even to bet horses online in certain states even with licenensed amercian racebooks.
        Yes. But (I think) we get away with it because the feds are really looking to stop the owners and employees of the offshore books, and the laws and regs the Feds created are almost impossible to enforce towards the typical small time on-line bettor. Right now all the Fed have done is make it more and more difficult to get our dollars into and out of off-shore books. See thread below for more details:

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        • SBR_John
          SBR Posting Legend
          • 07-12-05
          • 16471

          #5
          There are no Fed laws forbiding individuals to wager on sports as far as I know. As the poster said some states have laws against it.
          Comment
          • jon13009
            SBR MVP
            • 09-22-07
            • 1258

            #6
            According to an analysis of The Unlawful Internet Gambling Enforcement Act of 2006:

            "Most importantly, the Department of Justice is arguing before the World Trade Organization, in the dispute between the U.S. and Antigua, that all interstate gambling is illegal under the Wire Act."



            I think the paper is indicating it is technically illegal to place bets across state lines according to the Federal RICO act (RICO is codified as Chapter 96 of Title 18 of the United States Code, 18 U.S.C. § 1961 through 18 U.S.C. § 1968).
            Comment
            • Dark Horse
              SBR Posting Legend
              • 12-14-05
              • 13764

              #7
              A law is useless unless it can be enforced. The government knows full well that it can't start persecuting gamblers, or even locking them up, without a major public backlash. Does the government want that type of attention in relation to this issue?

              Remember how the law was passed... After midnight, as a rider in an anti-terrorism bill, on the final day before elections with almost everybody gone for the day... Translation: in the most hidden of ways.

              You do the math.

              The law can be enforced against bookmakers, who are few, but not against individual bettors, who are many. Unless you choose to be intimidated into compliance.
              Comment
              • jon13009
                SBR MVP
                • 09-22-07
                • 1258

                #8
                Absolutely agree, the law was drafted to get the owners and employees of the books. I recall on 60 Minutes the owner of one book was nailed when he returned to the US and the others live in "exile" in the Caribbean. But Aruba is not exactly Siberia, is it?
                Comment
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