Re: Interesting Washington Post Article About NETELLER
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Online Poker is pretty much for certain NOT illegal in ALL US states - the old DOJ position that the Wire Act covered ALL types of gaming was lost in 2 seperate US Courts of Appeal - in all the recent DOJ actions the underlying crime alleged to have been committed was sports betting (a clear violation of the Wire Act), not even casino betting, much less poker. And it does make a difference - but I am too tired to repeat the analysis here, there are plenty of threads in this forum making it plain. In sum, as an attorney, I will tell you that playing poker online is NOT a crime IN AT LEAST SOME STATES. If the DOJ were to take money from folks in those states, it would be the DOJ who is violating the law. The problem for Neteller is that they clearly did knowingly send money to sportsbetting sites and thus clearly assisted violating the wire act with THOSE transfers.
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Actually, Neteller clients transfered money to sportsbetting sites. Neteller did not know which clients were going to do so. Neteller made one method of depositing money with sports betting sites. But paper checks were another method. Neteller clients did not violate the Wire Act by placing sports bets. So how is their money involved in an illegal act. I don't think that Neteller ever touched any assets belonging to a sports betting site. Thus, IMO, form what I know about the facts set forth in the complaint, the case against the Neteller founders is problematic at best under the Wire Act; but big in its impact on the internet gambling industry.
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