Be Happy You Aren't Being Prosecuted

[Wynton]

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When the police set up a reverse sting, pretending to be drug dealers and arrange a 'sale' to a buyer, the buyer gets busted and charged with aiding & abetting the distribution of drugs.

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Now wait a minute. Can you show me any conviction, by judge or jury, anywhere, at any time, for aiding and abetting in the manner you prescribe?

They can charge you with it, I suppose, and you can plead guilty to it, I suppose, but there is no judge or jury that would ever convict on it. Please show me.

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Yes. Jerry Lee Allen was convicted in such a case and it was upheld on appeal. United States vs. Bobby Gene Branham, Jerry Lee Allen, and Robert Jackson Reynolds. Allen was set up by police pretending to be marijuana dealers. The three defendants were convicted of of aiding and abetting each other in attempting to possess with intent to distribute marijuana in violation of 21 U.S.C. § 846, and 18 U.S.C. § 2. So yea, a drug buyer can be convicted of aiding & abetting the distribution of narcotics.

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That's totally different. They were convicted of possesssion with intent to distribute. They were not convicted of aiding a sale based upon their own purchase.

[wurstkickel]

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The DOJ could prosecute individual gamblers if they chose to do so. They have maintained all along that online gambling is illegal. Though the principal would be the online casino itself, the DOJ could prosecute individual gamblers through principles of aiding & abetting. The sheer number of online gamblers makes it prohibitive and highly unlikely (unless they find a tasty newsworthy target that happens to also be an online gambler), but it will all be irrelevant as I'm sure the congressional buffoons will manage to put their bickering aside long enough to strip yet another liberty from the citizens. For now, just be glad they don't have the dough to pursue individual gamblers.

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Do you like your job?

[RoundGuy]

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Yes. Jerry Lee Allen was convicted in such a case and it was upheld on appeal. United States vs. Bobby Gene Branham, Jerry Lee Allen, and Robert Jackson Reynolds. Allen was set up by police pretending to be marijuana dealers. The three defendants were convicted of of aiding and abetting each other in attempting to possess with intent to distribute marijuana in violation of 21 U.S.C. § 846, and 18 U.S.C. § 2. So yea, a drug buyer can be convicted of aiding & abetting the distribution of narcotics.

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Please pay more attention to the discussion. We're talking about users aiding and abetting dealers when buying for their own private use. Your example is about dealers aiding and abetting each other. That's not the issue.

[Mendacious]

Tell you what Roundguy, you go through the "elements" of "aiding and abetting" and the violation of the wire act, and you tell me which one is missing.


I'll make it easy, here are the elements:

1. That the accused had specific intent to facilitate the commission of a crime by another;

2. That the accused had the requisite intent of the underlying substantive offense;

3. That the accused assisted or participated in the commission of the underlying substantive offense; and

4. That someone committed the underlying offense.

[MustangJack]

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I agree, there is a better chance of snow at the equator than any individual gambler being prosecuted because there are probably more online gamblers than illegal aliens. Just a hyper-technical look at aiding & abetting.

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The highest point on the Equator is 4,690 m, at 00°00′00″S, 77°59′31″W on the south slopes of Volcán Cayambe (summit 5,790 m) in Ecuador. This is a short distance above the snow line, and is the only point on the Equator where snow lies on the ground.

Guess we are all in trouble then

[mntbikr15]

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Considering that the US government has been caught altering Wiki pages, is it a stretch to believe that some of the bleating posters are government employees?

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Is there a story somewhere on this?

[adanthar]

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Tell you what Roundguy, you go through the "elements" of "aiding and abetting" and the violation of the wire act, and you tell me which one is missing.


I'll make it easy, here are the elements:

1. That the accused had specific intent to facilitate the commission of a crime by another;

2. That the accused had the requisite intent of the underlying substantive offense;

3. That the accused assisted or participated in the commission of the underlying substantive offense; and

4. That someone committed the underlying offense.

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These three. The offense is 'offering an American customer the option to bet on sports over the Internet'.

Replace 'betting on sports' with 'poker' if you feel really paranoid and you're still missing 1 and 2.

[Stratman]

I'd be happy if the DOJ were to arrest a high profile player associated with online poker. We need somebody to standup and fight. If we are waiting for the PPA to do something, we are all going down in flames.

[ASD99]

It is NOT illegal for US players to play online poker....why the [censored] doesn't everyone understand this?

[Jooka]

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It is NOT illegal for US players to play online poker....why the [censored] doesn't everyone understand this?

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it is some states, there are like 10 of them.