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Re: Poker affiliates accesory to crime?
I'm not a lawyer but I think this pertains solely to U.S. - U.S. affiliate/player since 1) if it isn't illegal in a players' country to wager online, the U.S. affiliate wouldn't be participating in a crime and 2) if it is illegal in that other country the U.S. AFAIK isn't in the business of enforcing other countrys' laws so ostensibly wouldn't care. But I'm not a lawyer.
From http://gamblingandthelaw.com/columns/2006_act.htm (which someone posted here early after the legislation left the Senate): " The greatest danger here would seem to be with affiliates. Any American operator can be easily grabbed. This includes sites that don’t directly take bets, but do refer visitors to gaming sites. If the affiliate is paid for those referrals by receiving a share of the money wagered or lost, it would not be difficult to charge the affiliate with violating this law, under the theory of aiding and abetting. Being a knowing accomplice and sharing in the proceeds of a crime make the aider and abettor guilty of the crime itself. The federal government could also charge the affiliate with conspiracy to violate this new Act." |
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