Clarification...

[cmillard]

I understand that this may be a stupid question...but I would really appreciate some clarification on something. I will give as much background as possible.

I live in NC and I opened a Bodog account last year around April or May. I deposited using "echeck"...my deposit is taken directly out of my checking account. I am a VERY low stakes bettor...May through June of 2006 I deposited $20-$50 at a time on about 3 different occasions. My withdrawals were never more than $300 at a time, totaling ~$1,000 by the end of the year. My wagers were poker, sports betting and horses. In December I was getting a little concerned with all of the news about the new law so I went ahead and withdrew all of my money. This year in April I decided to deposit money again, my account was not closed, it was just at zero...so I deposited using the same method again...an "echeck" coming directly out of my checking account...this was no problem. My question is this...what is the deal? Is what I am doing illegal/questionable for me/my bank or what? I don't think an "e-wallet" is involved...unless I am totally missing something. Anyway, if I could get a clear understanding of MY specific situation it would be greatly appreciated.

Thanks.

[Skallagrim]

It depends....

First it depends on whether poker is a game of chance in NC. A court there recently ruled that it was, but I believe a NC Supreme Court Appeal is underway. If its not a game of chance than everything you describe above is perfectly legal as far as Poker is concerned.

If it is a game of chance, then playing poker is "illegal gambling." There is some slight question about whether playing on the internet would be coverd by NC law as far as a state prosecution of you is concerned. I wouldnt bet on winning that argument though (though its a pretty safe bet that your local cops wont care enough to arrest you).

As far as Federal law is concerned YOU are not breaking any federal law. The site that accepts your money, however, is breaking the wire act when it accpets your sports bet, is violating the horse racing act unless NC specifically allows internet bets on horseracing, and is breaking the UIGEA by accepting your money for poker if poker is a game of chance in NC.

Your bank is breaking the above laws IF IT KNOWS that your money is going to "illegal gambling." The bank will also be forced to comply with whatever UIGEA regulations come up. This may stop the bank from doing your transactions.

Nothing in any law covers receiving money from a gambling site. But banks are notorious for over-compensating and will likely decline these transactions if they know they come from illegal gambling. Plus, if the money is indeed 'proceeds from illegal gambling" then it would be subject to being seized by the government.

How does all of that make you feel cmillard?

I hope it makes you feel that it is very important to support the PPA, the Barney Frank legislation, and the work being done to prove poker is a game of more skill than chance.

Skallagrim

[cmillard]

Skall...I don't know if you got my first response...it never showed up (I must have done something wrong)...anyway, thanks for the clarifications on everything and I certainly will continue my support of online poker.

Cmillard