Proposed internet poker ban in MA

[PPABryan]

Hi,

This is what the PPA Sent out to its members in Mass. today, and we are encouraging any Mass. Resident, member or not, to take advantage of this and use this tool.

Bryan Spadaro
Membership Relations, Manager
Poker Players Alliance



Greetings Massachusetts PPA Members:

My name is Randy Castonguay and I am your Massachusetts Representative for the Poker Players Alliance.

Recently, Governor Deval Patrick proposed a bill (H.4307 click here to read) that seeks to expand casino gambling in the Commonwealth of Massachusetts. This bill also includes a proposition that would make it a crime for you to play poker on the Internet (See: Section 15(h)(2)(i)). Under this provision, violators will be subject to a maximum term of 2 years in the house of correction, a fine of $25,000, or both. Ironically, H.4307 is pro-casino gambling legislation, yet it makes Internet gaming a crime. This is an unacceptable double-standard!

The Poker Players Alliance is committed to assisting Massachusetts poker players by bringing attention to this attack on our rights; however, we cannot do this alone. We need your help and are asking that you send letters to Governor Deval Patrick, your local State Representative and your State Senator. We have provided a standard letter which will automatically be sent to the above politicians. We encourage you to personalize the letter by adding your own comments. We cannot stress enough how important it is for you to make your voice heard.



Protect poker and send your letter today by clicking here.

[h0trod]

Bryan & Randy,

Got the email regarding this and used your form to send off letters to my reps. Borrowed pretty heavily from the form letter supplied. The form was unable to deliver the mail to Gov. Patrick's office so I will put in a phone call there soon. Please continue to keep us updated on what we can do. I would love to support the Casino bill, but not with this language attached.

J

[NewGuy]

[ QUOTE ]
Bryan & Randy,

Got the email regarding this and used your form to send off letters to my reps. Borrowed pretty heavily from the form letter supplied. The form was unable to deliver the mail to Gov. Patrick's office so I will put in a phone call there soon. Please continue to keep us updated on what we can do. I would love to support the Casino bill, but not with this language attached.

J

[/ QUOTE ]

Randy,

Kudos on mass-Mass. email, form letter and auto-email interface were all well done.

My letter was also unable to be delivered to Governor.

J,
Here's the link for the Gov Consituent Services
http://mass.gov/?pageID=gov3utilitie...ov3_contact_us

[gurgeh]

[ QUOTE ]

Any value to non-Mass. residents calling these people?

[/ QUOTE ]

At first I thought no, but I've done a switcharoo since it does reflect upon the Democrats in general. Maybe calling Patrick won't matter so much, but going to the DNC might put pressure on him from above. If you live in a battleground state and go to the party saying something like this, they might very well start caring: "I thought you guys were for us, for the individual liberties that the Republicans yap about but really don't support. I'm starting to think you guys aren't very different, and maybe I should just vote Republican in the upcoming presidential election."

[catlover]

PPA --

I think you are doing a great job with this response. I just want to point something out:

It was basically happenstance that our community noticed this. And no one noticed the WA bill at all, which led to it passing easily.

It looks like we need a way to make sure that we notice similar provisions in the future.

Interestingly, a search for the word "internet" in either bill would have turned found the offending provision.

[Uglyowl]

Public hearing in the works?, plus other commentary

[Uglyowl]

In this article it discusses U.S. Senators and Representatives views on casinos and the the bill, why? Does the Governor consult with the National politicians? If so we should be asking Barney Frank to help us, correct?

http://www.bostonherald.com/business...icleid=1042348

[Jurollo]

From a periodical I just picked up

By Jeannie Greeley
Exhibit A News

[ QUOTE ]
As the pros and cons of allowing casinos in Massachusetts continue to be debated, lots of unchecked gambling activity goes on in living rooms and pool halls across the state every day, some above board, some less so.

So, just what is legal — or illegal — when it comes to small-time gambling? Exhibit A asks everyone from state lottery commissioners to card sharks to try to determine when you can hedge your bets on gaming law.

Scratch tickets

The old adage “finders keepers, losers weepers” is certainly fitting when applied to a winning lottery ticket, according to Charles R. McIntyre, general counsel for the Massachusetts Lottery Commission.

“Whoever physically possesses the ticket is entitled to the prize,” says McIntyre, whose office has dealt with protracted legal battles as a result of lost-and-found tickets.

Last year, 83-year-old Edward St. John finally settled a lawsuit that was brought against him after he unearthed from a dumpster a winning $1 million scratch ticket that allegedly belonged to Kevin Donovan. Donovan died prior to the court battle, but St. John was dogged by the decedent’s family, which eventually was awarded $140,000 of the prize money.

So, if you’re in the habit of buying reams of tickets and tossing them out after feverishly scratching away at them, McIntyre recommends the following as a way to secure potential winnings:

Fill out your name and address on the back of the ticket. Removing the ink, he promises, is very difficult.

“Most folks who find tickets don’t advertise the fact that they’ve found a winning ticket,” he notes.

Furthermore, if you’re one of those chummy office workers who throws in a few bucks for the week’s numbers in hopes of escaping cubicle drudgery with dreams of a Megabucks win, McIntyre urges consistency. Hang back on a winning week, and you could see years of contributions go up in smoke.

Though the Lottery Commission has never dealt with legal fallout from such a scenario, McIntyre says it is foreseeable.

“The Lottery recognizes only one winner of a ticket,” he says. The winner can be an individual or a trust, which means a trustee could end up being the one responsible for divvying up payments among the winning co-workers for years to come.

Poker rings

When poker hit its peak in terms of popularity a few years back, the Attorney General’s Office was compelled to issue an advisory on poker tournaments outlining legal and illegal behavior.

According to that advisory, state law prohibits “all poker tournaments in which players pay an entry fee or something else of value to play a game which offers prizes to the winner(s),” with an exception for certain charitable organizations. It also prohibits anyone from “registering bets, or buying or selling pools, on the result of poker hands, games or tournaments,” including charitable organizations.

But with everyone from frat boys to suburban soccer moms catching Texas Hold ’Em fever, it seems as though the laws are flouted daily as more people add money to the pot.

Asked if small-time poker rings are ever busted for being illegal, a spokesperson reports that “the Attorney General’s Office has not historically devoted investigative or enforcement resources to the small, recreational and/or amateur types of gaming. We do focus on organized illegal gambling operations, many of which involve crime syndicates, money laundering and violence.”

Some avid card sharks have managed to keep their activities above board while reaping the rewards of larger, legal poker rings.

One Massachusetts bar manager, who asks to remain anonymous because of the sensitivity of the subject, says the first move he made before starting his poker league was to place a call to the AG’s Office.

“Every bar in Massachusetts has a back-room money game going on,” reports the manager. “I wanted to do mine right. In order to be able to do it, a player could not be at risk for losing a penny. As long as it’s free, [state officials] don’t have a problem.”

So the manager came up with various inventive ways to abide by the law, while still offering patrons a state-of-the-art poker tournament experience involving between 50 and 100 players.

“The question I asked the paralegal was, ‘I can’t give a cash prize worth more than $25. Can I give away a high-definition TV?’” the manager recalls. “Basically, he told me if I gave away a hi-def TV, he’d play in my league.”

The AG’s Office also gave the manager an example of a local bar that tried to skirt the law by charging $10 for a buffet that accompanied a poker tournament. But since patrons were forced to pay the $10 to gain entrance to the tournament, the operation was ruled illegal.

What the bar may lose in an entrance fee to tournaments (and by purchasing expensive prizes), it gains tenfold through the sale of food and liquor, the manager claims.

Asked if other bar owners abide by the law, the manager says most throw caution to the wind.

“I am not going to risk anything that would even be perceived to be illegal with a liquor license,” he says. “It’s not worth it.”

He recommends that others interested in setting up poker tournaments — big or small — take the steps he did to ensure legality.

“The AG has rulings. They’re very easily accessible both online and via telephone,” he says. “Call them up and ask all the questions you want before you embark on the endeavor, because eventually you’re going to screw the people who are doing it right.”

Fantasy sports leagues

Living rooms across the country have turned into cozy gambling halls with hulking scoreboards set up beside big-screen televisions and fans shuttling back and forth to the computer to check NFL standings. Welcome to a world where fantasy now competes with reality.

Fantasy Football is played by more than 13 million people, and economic studies have put Fantasy Football spending at more than $1 billion, according to the Fantasy Sports Trade Association.

Recently, Las Vegas started vying for a piece of the action when Station Casinos, the fifth largest sports book in the country, started taking wagers based on players’ fantasy statistics.

But, is it legal?

According to Boston attorney Andrew D. Kang, a litigator and fantasy sports enthusiast, the lines are blurry.

“The key to legal versus illegal is the actual betting and how that works,” explains Kang. “There are cases that have recently come down ... that have said that fantasy games are like contests where you pay an entry fee and you can win a prize. Even if the prize is cash, it’s not gambling. Whereas if you’re making a direct bet with somebody else, that is gambling. That is not legal.”

So, while lawsuits against companies such as Viacom (owner of the CBS television network) have held that the way various networks operate their fantasy leagues are legal, the side bets going on certainly are not.

And while Kang says it would be easy for the authorities to find players through fantasy sports websites, he doesn’t see them trying to break up fantasy sports leagues anytime soon.

“Do I think that the authorities are going to crack down on that here or nationwide? Not really,” says Kang. “They probably have better things to worry about in the gambling arena.”

But Kang does note that the recent involvement of Vegas bookies in fantasy sports could be a harbinger of things to come.

“Once big money starts getting involved ... that’s when the regulators try to get involved,” he says. “If that happens, it’s probably going to take a lot of the fun out of the game.”

Retail-store lotteries

This past year saw furniture and jewelry buyers hedging their bets on a Red Sox World Series win.

But the gimmick may be a losing proposition for Jordan’s Furniture and Alpha Omega, since the stores are running what some claim are illegal lotteries to spur sales. Now, the two businesses are being sued under a unique state law that allows individuals to go after advertising offers like theirs.

Litigant Joseph Frate is certainly familiar with the law governing lotteries. In 1987, Frate was convicted of running an illegal lottery. His “CompuPick” machine offered randomly selected numbers that people could use to play the state’s official lottery, but in some instances it also gave coins to users. As a result, he was sentenced to two years’ probation and fined $300.

Frate is suing under a law that allows third parties to recover money wagered on illegal gambling activities, and he’s seeking damages equal to three times what consumers spent on the Jordan’s Furniture and Alpha Omega promotions. Jordan’s has filed a motion to dismiss, while Alpha Omega has not formally responded to the suit. The AG’s Office, meanwhile, has not taken action.

Frate’s attorney, Lisa Siegel Belanger, says the state is selectively enforcing its lottery laws, exempting these well-known businesses to maintain good public relations.

“[The state is] saying if you are a very large corporation, and you are well known and well liked by the public, then we will allow you to make money in an unlawful way,” says Belanger. “But if you are someone who is a relatively unknown citizen, then we have no problem making sure that you’re not going to profit from the same conduct.”

At issue is what actually constitutes a lottery. Unless run by the state, lotteries are considered illegal gambling activity. Lotteries must include three key elements: a prize; an element of chance; and consideration, usually in the form of money. Many retailers stay within the law by allowing people to play without paying.

Jordan’s Furniture promised customers who purchased certain types of furniture between March and April a full rebate if the Red Sox win the World Series this year.

The Alpha Omega promotion offered discounts or full refunds to consumers who purchased engagement rings on a day if one of three events occurred at a Red Sox game: $500 if a Red Sox player hit a home run; $1,000 if a player hit a grand slam; or a full refund if the Red Sox pitcher threw a no-hitter.

Belanger argues that, in the Jordan’s and jeweler’s cases, all three requirements for a lottery have been met, regardless of the team’s performance this year. Her client, she adds, is not trying to penalize the businesses, but rather is making use of a law that is available to him.

“This is not about revenge. This suit is not about making Alpha Omega and Jordan’s pay for what happened to [Frate],” claims Belanger. “My client is just using what has been set forth by the Legislature. The state is the one who is using it to penalize the individuals or businesses doing unlawful lotteries.”

Casinos

Whether you’re a Foxwoods regular or you’re polishing your lucky dice in anticipation of casinos setting up shop in Massachusetts, be aware that you’re dealing with a different world of regulation when it comes to casino law.

Governed by a unique set of tribal laws, many casinos on Native American reservations operate not through state courts, but through their own tribal courts. That’s because they enjoy sovereign immunity.

“What it means is that they’re really their own country,” says Boston attorney Bernard A. Kansky, who is representing a client in an ongoing legal battle against Mohegan Sun Casino for injuries she sustained at the Connecticut site. “In Las Vegas or Atlantic City, if you get injured you’re not limited to their own ‘special court.’”

For example, if you were to slip and fall at a casino or be involved in a car accident on the premises, the case most likely would be heard by a tribal court, which is governed by judges from the reservation.

Kansky, whose client was injured when a security guard knocked her down on the way to an emergency call, says he has had a crash course in tribal law as a result of the case. What he quickly discovered is that tribal law relies on a one-year statute of limitations, as opposed to the three-year period in state court. Luckily for Kansky, who is not a member of the small but growing tribal bar, he was able to have his client’s case removed to state court.

Kansky notes that tribal law poses interesting conflicts of interest, with judges who are members of the tribe often responsible for deciding how to pay claims using the tribe’s money.

“They determine how much of their money they’re going to provide you for whatever injuries you sustained — if they decide you’re entitled to anything at all,” Kansky says.

Attorney Toby M. Schaffer, a member of the tribal bar in Connecticut who handles lawsuits against the state’s casinos, says the odds are stacked against litigants in tribal courts.

“There is no jury trial; it’s totally a bench trial [with a judge only],” she says. “And the big wallop is they have a hugely limited cap on what you can recover [financially]. It’s very onerous.”

But, Schaffer says, the jury is still out on how Massachusetts might handle a tribal court system. If that system were rejected, attorneys would be spared from having to pass a unique tribal bar exam, and casino patrons would be able to file potential complaints in the more familiar state courts.

“What they will do up in Massachusetts is anybody’s guess,” she says. “Your tribe up there might decide that they don’t want to be bothered by the tribal court, and maybe they’ll just defer to the state system.”

[/ QUOTE ]

[sobefuddled]

Actually Randy you did a great job as I received my alert on Friday. On Saturday I edited the on-line letter, personalized it and got it out. The joys of living in MA. We'd save everyone piles of grief and boatloads of money by simply allowing the tribes to run their casinos and the state to police the internet.

[MassPoker]

Greetings All!

Thanks so very much for your kind words of support, but I do not deserve the credit alone. It was the sharp eyes and keen interest of both John Pappas (Exec. Director PPA) and Rich Muny (Board Member PPA), that alerted me to the probl;em and enabled me to act so swiftly. I consider it a concerted PPA front.

I promise the residents of MA that I take my responsibility of MA PPA Rep extremely serious and will do whatever is necceassary to see this legislation fail. The overwhelming majority of us online poker players are hard-working, law-abiding citizens, and the last thing we need is someone coming into power and then turning ordinary citizens into felons. How ridiculous is that?

Also, I am taking a trip to Washington State on the 17th of November in order to speak to some folks who have contacted me about this issue and want to lend their support to the Massachusetts cause. I expect to be there at least a week, as I have family in Tacoma to visit as well. My goal from this trip is to interview people who were ordinary citizens negatively impacted by the criminalization of the WA State bill. I will do my absolute best to stay in touch with John Pappas and people back home to ensure that NOTHING slips through the cracks.

Additionally, I will be asking for specific support from MA members who wish to volunteer their time to stay on top of any breaking news on this topic while I am away. I will stay in touch with this person or people in my absence.

Again, thank you all so very much for your support of this struggle and I look forward to a bright future for poker players in these United States.

All In,

Randy C~
MA PPA Rep
ma@pokerplayersalliance.org