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Thread: DoJ/USA Discussion - Must read for US Players and affiliates.

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    dominique's Avatar
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    DoJ/USA Discussion - Must read for US Players and affiliates.

    dominique

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    When I was young, people called me a gambler. As the scale of my operations increased I became known as a speculator. Now I am called a banker. But I have been doing the same thing all the time.
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    I was prepared for some MORE bad news, but pleasantly surprised and encouraged..

    Thanks very much for sharing.

    Diane

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    What about previous casino/poker wire act cases prior to UIGEA? Could there be grounds to overturn verdicts and recover seized funds, or even sue the DoJ for false arrest/proscecution?

    The Neteller seizure was prior to UIGEA, and if this was mostly unlawful, Neteller could ask for those assets to be returned, although it would have to show sports betting wasn't involved.

    UIGEA still stands in the way of even intra state lotteries, since what is legal and illegal gambling have not been properly defined, so in order for a transaction not to violate UIGEA, it has to be demonstrable that it relates to a gambling activity that has been defined as being legal when conducted remotely via the internet. Just because it is legal person to person at a kiosk, such as a lottery, it does not necessarily follow that it is automatically legal via the internet.

    Since the DoJ has given much of the earlier seized money away, this could become a problem for them.
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    I assume Neteller also received and paid out funds related to Sports betting. That is still under the wire act.
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    - Sir Ernest Cassel Private banker to King Edward VII

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    Quote Originally Posted by dominique View Post
    I assume Neteller also received and paid out funds related to Sports betting. That is still under the wire act.
    Yes, but ALL transactions were ruled unlawful, not just the sports ones. This would have made some of the seizures not covered by the law, as only a proportion was related to sports betting. The fine based on "illegal profit" would also have been wrongly calculated.
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    True.

    No telling what all the implications of this will be.

    Well, one thing is for sure, this will be extremely interesting to watch.
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    When I was young, people called me a gambler. As the scale of my operations increased I became known as a speculator. Now I am called a banker. But I have been doing the same thing all the time.
    - Sir Ernest Cassel Private banker to King Edward VII

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    Thanks for the news, Dom!

    In a 13-page legal opinion written by Assistant Attorney General Virginia Seitz and dated September 20, the Justice Department says “nothing in the materials supplied by the Criminal Division suggests that the New York or Illinois lottery plans involve sports wagering, rather than garden-variety lotteries. Accordingly, we conclude that the proposed lotteries are not within the prohibitions of the Wire Act.”
    WTF?? Have we not been trying to TELL the damn DOJ and the FBI (etc., etc., ad nauseum) that for YEARS?? 09.gif

    I'm as happy to see that 13 page opinion as I am frustrated by being caught in the 'it's illegal just because we say it's illegal and we're more powerful than you' morass for years.
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    Many states have been holding back because of the DOJ's original opinion, this should open the floodgates for online intrastate gambling.

    I see lotteries quickly moving forward with online ticket sales etc. via their websites.

    It's a big step forward, that's good news for a change.
    “The safe way to double your money is to fold it over once and put it in your pocket.”

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    Quote Originally Posted by jetset View Post
    I agree with the article about the use of credit cards, but debit is another story and they can put a cap on online sales if needed.

    I do have concerns with the retailers who currently sell the tickets and this would definitely put a bite in their income.

    If the lotteries do jump into the online arena, hopefully it will be something that doesn't affect the mom and pop stores and other outlets.

    The updated opinion from the DOJ opens all sorts of scenarios inside the US.
    “The safe way to double your money is to fold it over once and put it in your pocket.”

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