Is it legal to play?

[cerdikola]

Hello!

I have an american mate who, after reading the law and some press releases, says that:

• Online gambling is not banned in the USA
• Black friday incident was because of fraud operations and was not an engagement of any law
• American players can still play in Party Poker
• All online gambling operations banned in the USA are fraudsters
• Unlawful doesn't mean illegal
• French regulations are in no way related to what has happened in the USA

Of course she is not an online gambler and I've seen all these problems with american players here in the forums.

So, the questions for american gamblers: Is online gambling banned in the US? Can you convince my mate that she is wrong and she won't be able to gamble online from the USA? Is she moved by some kind of patriotic ideas? (In this case I think there is no point to keep on discussing xDD)

 

[anniemac]

All these are moot points in the US because it really doesn't matter what is legal or illegal.

The truth is that you can play in the US with certain casinos. You can fund your gambling IF you can find a way to do it and you can withdraw. You will be paid by the casino IF they can find a way to do it.

Notice the IFs. That's the problem. Too many IFs.

 

[cerdikola]

All these are moot points in the US because it really doesn't matter what is legal or illegal.

The truth is that you can play in the US with certain casinos. You can fund your gambling IF you can find a way to do it and you can withdraw. You will be paid by the casino IF they can find a way to do it.

Notice the IFs. That's the problem. Too many IFs.

Thanks for your reply. And why are these payment solutions banned? I know people from USA who use Neteller (for example) to buy virtual good for games, etc..

I mean; I understand if these payment solutions are just banned for online gambling purposes, it means that online gambling is banned.

 

[cpdnd31]

OK this has been the confusion since the law took effect.

1. The act of gaming on line is not illegal. Federal Law
A. There are 11 states that actually have laws stating any online form
of gaming is illegal. ( however) does federal law over rule state law?

When the law changed, the federal government made the act of FUNDING online gaming illegal. That is why they were able to confiscate all the web wallets and poker rooms. The act of funding a casino is considered money laundering, and blah blah blah and other federal terms lol.

That is why some casinos will serve USA and some won't for fear of losing there license. The government also stated any casino caught in the act of taking USA players, will lose any rights to USA customers if and when the law does change. So Party Poker was first to pull out of USA market. However if Memory serves me right they did open a office in California a couple of years ago. The government also stated that only USA established business would be considered if law would change.

Then there is VISA who for many years never acted upon the law. However times have changed and they were given a deadline to start fining and stopping transactions for gaming.

Casinos caught using Visa after a certain date risked huge fines..
Casinos caught using Visa by miss coding risk losing Visa and even bigger fines.

So basically its not illegal if unless you in the 11 black listed states but its a pain in the ass to fund and its a major risk to get paid unless you stay with accredited casinos- hence Casinomeister. Just my opinion on the simplest version of what has happened to the online gaming industry if you live in USA.

 

[cerdikola]

Thank you very much!

I think this is a perfect answer

 

[BMWSTACK]

Hello!

[*]American players can still play in Party Poker
[/B]

Party Poker was the first to bail after their neteller fiasco. US can not play there since. Not really anything US player can do to get around the system with Party Poker.

 

[Jasminebed]

Not a lawyer, nor do I play one on TV.

I think your friend runs little risk of going to jail for her online gambling. But she surely risks delays and fees at best, confiscation and nonpayment at worst.


The gambling part is probably not illegal, but the depositing/withdrawing part may well be.

If she's a poker player, tell her to visit a nearby B and M instead. Make sure you get a player's card and take advantage of any comps.

 

[footdr]

the law is not being enforced equally....

cpdnd31 is right about VISA. Visa doesn't want to know if transactions are for gambling and mis-coded, they make a fortune off the International banks that issue merchant and processor accounts. They know what is going on.
The DOJ and FBI know that VISA is able to get away without prosecution because they can prove the transaction wasn't coded as "gaming". Same goes for the banks, except I guess the last Poker indictments did include a small community Bank.

I'm sure Fed Law would trump State Law as Fed would probably use the "commerce clause" to show jurisdiction. Also, not a lawyer but have done much legal research for various issues.

 

[felicie]

It's pretty clear the Feds know if they tell us we can't play online they'll be stirring up a mess they can't control and they really don't care what we do online or anywhere else, they just want the money so why not just make the payment processing part illegal so they can pick up a seizure and forfeiture whenever they feel like it. And maybe or maybe not they'll post a Forfeiture Notice so people can make a claim on their own money. Power plays and money. It's enough to make ya puke.

 

[felicie]

Footdr have you noticed the new little fee merchants online and off are charging every time we swipe our cards? I have lately. That's probably because the banks were made to cap the amount they could charge the merchants every time we swiped. They said they wouldn't lose the money one way or another. Another bunch of crooks. Geez we're surrounded by power playing crooks and a whole bunch of idiots too.

 

[GrandMaster]

When the law changed, the federal government made the act of FUNDING online gaming illegal. That is why they were able to confiscate all the web wallets and poker rooms. The act of funding a casino is considered money laundering, and blah blah blah and other federal terms lol.

More precisely, it is illegal to accept for a gambling business to accept a payment connected to unlawful internet gambling and regulations made under the UIGEA require financial institutions to identify and block such transactions. Furthermore, financial institutions are absolved of any liability for incorrectly rejecting transactions.