Legal question regarding gambling

[infinii]

Exactly what is the law regarding making bets on sporting events?

Are you only allowed to make them in Nevada and with offshores?

Am I allowed to make a wager with another person over the internet?

thnx

 

[loophole]

i'm up and around a little today, kinda stir-crazy since the surgery. let's see if i can throw a little light on the subject.


with regards to sportsbetting, the only legal betting on the major sports is in nevada. federal gov't's position is that all betting over the internet is illegal, in violation of old federal law that bars betting over interstate telephone lines. the only prosecutions under the law have been against online casino owners, mostly operating in this country clandestinely, and a few caribbean owners (wsex guy comes to mind) who sought to challenge the law. federal legislation has been proposed to specifically ban internet gambling (kyle bill) though it has encountered difficulty in moving forward of late.


there is no legal distinction between betting with another person and betting with a bookie (he's another person, right?) only bookies who become targets for prosecution are either pretty large or pretty conspicuous, and individual bettors are prosecuted about as often as cohabitation cases, which is to say never.


most states do allow for indivuals to bet on their own skill as an exception to gambling bans. thus, betting in the pool halls and on the golf courses of the country is open, notorious and widespread.

 

[infinii]

there is no legal distinction between betting with another person and betting with a bookie (he's another person, right?) only bookies who become targets for prosecution are either pretty large or pretty conspicuous, and individual bettors are prosecuted about as often as cohabitation cases, which is to say never.


most states do allow for indivuals to bet on their own skill as an exception to gambling bans. thus, betting in the pool halls and on the golf courses of the country is open, notorious and widespread.

So it's not legal for individuals to bet with each other, but it's simply overlooked? A case of the government only going for the big fish I guess.

Question about these offshore book owners. I think the law states that it is illegal for Americans to be taking wagers or bookmaking. So how do offshore owners who are american but obtain licences from gaming commissions in gambling-friendly countries skirt around this issue? Do they leave the USA and not return for fear of being apprehended. Or is there a loophole (hehe..purely coincidental) that overlooks their illegal activities committed abroad?

 

[loophole]

to my knowledge most owners of offshore books remain outside the borders of this country and when they do return they do so very quietly. not sure but i believe that there are federal criminal warrants outstanding for many. the owner of wsex (can't remember his name) voluntarily returned to accept service and stand trial in order to challenge the gov't's position. the statute the govt proceeds under was enacted in the thirties or forties i think and clearly wasn't intended to prosecute conduct that didn't exist at the time, i.e., internet gambling. he ended up convicted after trial with an active prison sentence. the case is still under appeal.

 

[infinii]

thanks for your helpful insight.

here's to a speedy recovery.:toast:

 

[infinii]

uhmmm..before this thread dies off.

Are there any Canadians in the audience that have any input?

So far the stuff I've read is centred around the Kyl Bill which is American of course.

 

[Terryray]

that 1963 (?) law forbids Americans for using telephone wires for the purpose of making a bet.

a technical loophole some suggested would be to place your bets on a wireless.

Many lawyers say it's illegal for American to take them, not to place them.

that is federal. there are many local laws too.


Australia has made moves to outlaw it and canbet immediately threatened to move offshore.

 

[infinii]

in regards to canbet.

Australia outlawed gambling of any sorts for their own people but they did not outlaw the operation of sportsbooks assuming they made the necessary checks to confirm that the customers were indeed, not australian. Their govt is basically saying it's not ok for their own people to gamble but they'll gladly reap the financial rewards of the gambling industry.

terryray, if you go by the letter of the law. I think it's still illegal to make the bet but as loophole mentioned...it's hardly enforced. But what's difference between making and taking a bet?

 

[djv]

Can get real nasty if they deside they want you. And of course they know who we are. Sites as this most will tell you enter at your own risk. However I do not agree with that. Bothering some little folks don't get to bottom of where the big fish are. The other ways they can get your names. Everytime you join a capping service they can can get your name easy. And of course who knows who here is telling the truth. Or is it all bull chit. In other words a little proof is always needed. But hell yes it's not legal.

 

[turtle]

re canbet:

Infinii, you are mistaken, Austrailians can bet with them, they cannot however bet on games at Halftime or bet on games in progress. This is due to legislation that prevents online gamming ie. casino type betting.

 

[turtle]

re canbet:

Infinii, you are mistaken, Austrailians can bet with them, they cannot however bet on games at Halftime or bet on games in progress. This is due to legislation that prevents online gamming ie. casino type betting.

 

[infinii]

Ok. just read an article that states...

"the actual placing of a bet online between two indivdiduals is not illegal, as long as both persons are not in business of betting. For an individual gambling on a website located in another coutnry, however, that activity may be illegal in Canada."


So seems like it's uncharted territory much like it is in US.


turtle, thanks for the correction.

 

[Captain Crunch]

Infinii, I had one of my best friends just go through a federal court case in the last 3 months that revolved around a gambliing ring. He had to testify on behalf of the Federal Gov., so I learned alot about what you can and can't do.

As Loophole stated, the only legal sports gambling you can do is in Nevada. All of the office pool 100 square Superbowl games and NCAA tourney bracket contests are technically illegal. Don't think they have the manpower to police all of those though. It is illegal to take a bet and charge juice, as the locals do, but if you make a bet with someone and their is no juice involved, I have been told that this is fine. I know of a group of well-to-do business men that get together for lunch every Friday during the football season, and make bets among themselves, with no juice involved, they just cover each others bets, and they don't get hassled at all. If you have some friends that you are placing bets for with a local, as soon as you take those bets you are breakinig the law according to the FBI. In their eyes, you then become the broker, whether you hold them or pass it on, doesn't matter.

Its getting late and I can't remember everything I learned in the last 3 months to pass on. Good Luck.

 

[He Hate Me]

It is illegal. I like the no juice law.