Re: Anybody seen my Empire Affiliate Busterstacks
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I should clarify that I was assuming that the question was about legal action in the U.S. In other countries possibly there can be some potential action.
In the case of the U.S., online gambling, while a somewhat grey area from a criminal standpoint and certainly nobody has ever (or probably will ever) been arrested or fined for it, it is "illegal" from a civil standpoint, meaning it is not legally recognised and protected. Civil courts will not intercede on the customers behalf to recoup any unpaid monies from the sites. I would certainly think this would also apply to any side business feeding off of online gambling.
Kinda like the marijuana dealer who agrees to kickback a % for every customer you send his way. If he doesn't pay, you'd have a hard time getting the courts to back you up on it, even with a written contract.
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First of all, there's no such thing as being "illegal" from a civil standpoint. Illegality is a criminal matter.
Second of all, the fact that the Justice Department considers online gambling to be covered under the Wire Act doesn't mean it is. The Justice Department doesn't get to make that decision.
Last I heard, the only appellate decision indicated that online gambling was not covered by the Wire Act.
I suspect that a civil court would enforce a rakeback contract until such a time as Congress or a court decides the criminality question definitively.
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