Few seem to have noticed how the new law \"fixes\" the Wire Act
The Executive branch has repeatedly stated that the Wire Act covers poker and casino games as well as sports betting.
So far the courts have rejected this theory. Therein lies a big practical problem for those who wish to prosecute offshore poker sites. The judge might dismiss the case without even hearing the evidence and create a damning precedent in the process. Then the Government might find that they couldn't even intimidate anyone anymore.
Everyone says the new law didn't change the legal status of online poker but as a practical matter this is not true for the sites. Ineffectual state laws against online poker have been de facto converted into Federal felonies. State XYZ may have a completely neglected law saying that operating an online poker game is a misdemeanor punishable by a $1000 fine. Maybe the DA has real crimes to fight and wouldn't prosecute even if the case was gift-wrapped for him.
Doesn't matter. The Feds can still bring Federal charges carrying a 5-year sentence against the site if they offer service in this state. A real law the judge can't ignore. No more fretting over whether the Wire Act will stand up against poker in court.
I think this is a significant reason why some of the sites are reacting as they are.
|