NJ Law Journal 8/27/07 -- Front Page Article on IMEGA Suit

[JPFisher55]

[ QUOTE ]
... in at least SOME states. Only then do they get to argue 1st Amendment issues. This means POKER or ONLINE CASINO members, be they operators or affiliates or players.

Sports betting operators will NOT suffice. DOJ will likely win on the following point re conduct covered by the Wire Act:

"Numerous courts - often after little analysis
- have rejected such challenges to the Wire Act. See, e.g., Truchinski v. United States, 393 F.2d 627, 634 (8th Cir. 1968) ("the provisions of Section 1084 do not trespass on the first amendment guarantee of free speech"); United States v. Kelley, 254 F. Supp. 9, 14-15 (S.D.N.Y. 1966)
(same), rev’d in part on other grounds, 395 F.2d 727 (2d Cir. 1968); United States v. Borgese, 235 F. Supp. 286, 296 (S.D.N.Y. 1964) (upholding the Wire Act against a constitutional challenge because "[t]he First Amendment is not applicable where criminal conduct is involved"); United States v. Smith, 209 F. Supp. 907, 918 (E.D. Ill. 1962) (the Wire Act "do[es] not restrict freedom of speech; [it] merely prohibit[s] the use of interstate facilities to certain conduct which the Congress has declared to be illegal.").

They will win on Standing OR on 1st Amendment grounds, and will win NOW.

This sohuld not be news to them, I hope they have affidavits and witnesses lined up who are proper, law-abiding members/plaintiffs.

[/ QUOTE ]

Yes, but those cases do not concern online sportsbetting or online gambling. I think that activities in your own home have more constitutional protection than activities outside your own home. Doesn't iMEGA argue that the sodomy cases support this point.
Thus, does applying the Wire Act to online gambling, even online sports betting violate constitution rights. I don't know and I doubt that iMEGA will get to that issue.

[haley44]

What's even stranger about poker not receiving skill-game protection is that other card games and tournaments plug along with no bother whatsoever.

On the rare weekends when I don't have poker work to do, I have been known to sneak off to a cribbage tournament. The ACC (American Cribbage Congress) has for years and years publicized a deep schedule of events, as can be seen here:

http://www.cribbage.org/sched/

These events run from $50 on up (to hundreds) and have three or four different tourneys running at any given event. While I've never cashed in any significant way at one of these on the very few times I've tried, the big names and high rollers in these can win thousands over the course of a weekend. The pools exceed the official entry fees by a factor of several times.

A sample copy of the ACC's small newsletter, "Cribbage World," also illustrates this. I have several copies and a subscription. There's also a big national tourney in Reno each year. Our local club plays in the coffee area of a chain book store once a week, while another nearby club plays in a seldom-used conference room of a small-town bank.

Apparently, since cribbage is played predominantly by rich retiree types, it's therefore legit; it certainly flies under the radar. Heck, they can even pitch it to kids.... From elsewhere on the ACC website, in their 'Youth Program' section (http://www.cribbage.org/youth/):

ACC Youth Cribbage Program

The Family That Plays Together Stays Together

The American Cribbage Congress acknowledges the importance of teaching the children of our country the wonderful game of cribbage. Not only are they learning a game which will provide immeasurable enjoyment for the rest of their lives, they are also enhancing valuable educational skills such as mathematics, critical thinking, and cooperative learning.

The ACC has targeted the school classroom as the most efficient and effective way to promote cribbage....

[Skallagrim]

And with haley's post we are back to seeing the importance of Poker being separated from "gambling." There is no way in hell that any thinking person can call cribbage a skill game and poker a game of chance. Same with bridge, spades, virtually any card game played between players (NOT player v. House).

The ONLY difference between cribbage (or bridge) and poker is that more people play poker and play it for more money.

Skallagrim

[TruePoker CEO]

We do not have the complete text of the Humphreys Court ruling as yet, but it seems to me that the paramters of a poker contest would be:

1. unconditional entry fee
2. A fee which is reasonable
3. a guaranteed prize pool

So, TruePoker has posted a couple of Poker Contests, which are found on our Sit & Go list.

The guaranteed prize pools are $100 and $30 respectively, have a minimum of 10 players, zero buy-in and a reasonable $11.00 or $3.50 entry fee, respectively. The prize pool is guaranteed and paid 50%, 30%, and 20%.

I want to see player feedback to this legal ruling/market development before we take the marketing/development process further.

TruePoker CEO

[JPFisher55]

[ QUOTE ]
We do not have the complete text of the Humphreys Court ruling as yet, but it seems to me that the paramters of a poker contest would be:

1. unconditional entry fee
2. A fee which is reasonable
3. a guaranteed prize pool

So, TruePoker has posted a couple of Poker Contests, which are found on our Sit & Go list.

The guaranteed prize pools are $100 and $30 respectively, have a minimum of 10 players, zero buy-in and a reasonable $11.00 or $3.50 entry fee, respectively. The prize pool is guaranteed and paid 50%, 30%, and 20%.

I want to see player feedback to this legal ruling/market development before we take the marketing/development process further.

TruePoker CEO

[/ QUOTE ]

What so now SitnGo's are legal, but ring games are not? That is not fair.
BTW TruePoker CEO does your site offer 4 color decks?

[TruePoker CEO]

Hey, we posted guaranteed prize pool Poker Contests, that happen to run as soon as 10 players sign up.

You're the lawyer, you tell me if you think our Poker Contests run afoul of any laws .... in whatever states Chuck sued about. (I haven't seen the suit papers, but he is a sharp guy. I'd guess they were the ones he felt outlawed internet gambling.)

Incidently, why would you WANT to call them "SitnGo's" ?

(We offer those too. They require a buy-in though.)

[Skallagrim]

In some states JP, a fair reading of the law would be exactly that. IIRC, in Illinois, poker is specifically listed as a gambling game and thus illegal, but it also has a statute that says "excluded from the definition of gambling...are organized contests of skill, endurance, speed, dexterity..." So to the extent a poker tournament is a contest of skill, thats ok, but no cash games.

Skallagrim

Legal disclaimer: the above is from memory not research ... might be some other state.

[strategery]

[ QUOTE ]
excluded from the definition of gambling...are organized contests of skill, endurance, speed, dexterity..." So to the extent a poker tournament is a contest of skill, thats ok, but no cash games.

[/ QUOTE ]

What about a "tournament" where the "entry fee" is 25 BBs, and each player's "prize" is equal to the amount of chips in their possession when they decide to stop playing?

[TruePoker CEO]

One step at a time.

(That basically IS how they deal cash games in Poland, a set period of play for a set fee. Then everyone cashes in and starts all over.)

[XChamp]

[ QUOTE ]
[ QUOTE ]
excluded from the definition of gambling...are organized contests of skill, endurance, speed, dexterity..." So to the extent a poker tournament is a contest of skill, thats ok, but no cash games.

[/ QUOTE ]

What about a "tournament" where the "entry fee" is 25 BBs, and each player's "prize" is equal to the amount of chips in their possession when they decide to stop playing?

[/ QUOTE ]

I'm not sure if that would be considered "organized" by the government. It would be great if I am wrong.