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WHY THE WIRE ACT DOES NOT APPLY TO U.S. POKER PLAYERS
Respected lawyer takes an objective look at a contentious U.S. law
Allyn Jaffray Shulman, a respected legal eagle in the USA takes an objective look at the 1961 Federal Interstate Wire Act at Card Player.com this week in a well argued article that puts this outdated law into perspective. It should be required reading for every Department of Justice official tempted to apply the law to Internet gambling.
In her assessment, Shulman says that after researching the 1961 Federal Interstate Wire Act, she concludes that online poker playing is excluded from its reach for the following reasons:
1) The words of the statute specifically prohibit sports betting and nothing more.
2) The legislative history indicates the statute was aimed at organised crime, specifically in the area of sports betting.
3) Case law construes the statute as applying to sports betting.
4) The only case on point to address the issue specifically found that the Wire Act does not apply to online gambling; and
5) Recent proposed amendments to the Wire Act demonstrate that legislators do not believe that the statute prohibits online gambling.
The legal expert goes on to argue her conclusions in detail in an objective dissertation that is well worth reading by players and industry people alike. Readers can find the full article at Card Player.com.
Allyn Jaffrey knows whereof she speaketh. She received her Bachelor of Arts from the University of California at Irvine in 1977, where she graduated cum laude and became a member of Phi Beta Kappa . She is a practicing criminal defense attorney, having received a Juris Doctorate with scholastic merit from Western State University , where she served as Research Editor and Executive Editor of Law Review in 1982-1983. She has lectured all over California , teaching other attorneys the fine points of criminal defense. She specializes in legal research and her areas of expertise include the filing of extraordinary Writs, Appeals and motions where a lower court judge commits legal error or where the police or prosecutors engage in misconduct. Ms. Jaffrey has been closely following the development of gaming law and the Internet ever since Jay Cohen was convicted in New York of operating a sports betting business from Antigua in violation of the Wire Act.
Respected lawyer takes an objective look at a contentious U.S. law
Allyn Jaffray Shulman, a respected legal eagle in the USA takes an objective look at the 1961 Federal Interstate Wire Act at Card Player.com this week in a well argued article that puts this outdated law into perspective. It should be required reading for every Department of Justice official tempted to apply the law to Internet gambling.
In her assessment, Shulman says that after researching the 1961 Federal Interstate Wire Act, she concludes that online poker playing is excluded from its reach for the following reasons:
1) The words of the statute specifically prohibit sports betting and nothing more.
2) The legislative history indicates the statute was aimed at organised crime, specifically in the area of sports betting.
3) Case law construes the statute as applying to sports betting.
4) The only case on point to address the issue specifically found that the Wire Act does not apply to online gambling; and
5) Recent proposed amendments to the Wire Act demonstrate that legislators do not believe that the statute prohibits online gambling.
The legal expert goes on to argue her conclusions in detail in an objective dissertation that is well worth reading by players and industry people alike. Readers can find the full article at Card Player.com.
Allyn Jaffrey knows whereof she speaketh. She received her Bachelor of Arts from the University of California at Irvine in 1977, where she graduated cum laude and became a member of Phi Beta Kappa . She is a practicing criminal defense attorney, having received a Juris Doctorate with scholastic merit from Western State University , where she served as Research Editor and Executive Editor of Law Review in 1982-1983. She has lectured all over California , teaching other attorneys the fine points of criminal defense. She specializes in legal research and her areas of expertise include the filing of extraordinary Writs, Appeals and motions where a lower court judge commits legal error or where the police or prosecutors engage in misconduct. Ms. Jaffrey has been closely following the development of gaming law and the Internet ever since Jay Cohen was convicted in New York of operating a sports betting business from Antigua in violation of the Wire Act.