Poker affiliates accesory to crime?

[JimmyJazz1]

I heard from a friend that poker affiliates will be deemed an accesory to crime in the US. Can anyone back this up with documented proof? Thanks.

[LuckyTxGuy]

I cannot imagine how a poker affiliate could be legal now? I had a Party affiliate account that I rarely used and I canceled it the week before the ban went through. I would probably advise talking to an attorney on this one.

[tinhat]

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."

[Pokeraddict]

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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.

[/ QUOTE ]

The U.S. government is expecting other countries to do this for us. Why would we not do it for them?

[MagCFO]

If you're being paid for players that are in the US, it's absolutely illegal. You probably won't find documented proof, since I don't think anyone has been convicted of this yet.

And this isn't anything new either. It's always been illegal. There was an Affiliate in New Jersey who was busted a couple years ago for taking bets himself. One of the other small charges related to him being an affiliate.

It's really pretty obvious it's illegal. Affiliates get paid a portion of the house win (unless you do CPA). That's being partners in an illegal business, clearly.

All you need to do is call an attorney that understands online gaming. Believe me, I've spoken to many of them and they all say, absolutely do not get your company involved in affiliate deals.

I use to have personal (outside my company) affiliate deals, but I don't do those anymore just because I don't have time. I understood it was illegal though.

[DrGutshot]

I was also wondering about this - does anyone have any more information?

-DrG

[StellarWind]

The irony of the new law is that it is now apparently legal to be an affiliate for Party and other rooms that no longer serve U.S. residents.

[gonebroke]

[ QUOTE ]
The irony of the new law is that it is now apparently legal to be an affiliate for Party and other rooms that no longer serve U.S. residents.

[/ QUOTE ]

I agree with your conclusion.

[onlinepokerguru]

ANY UPDATES ON THIS? IS IT LEGAL OR ILLEGAL TO BE AN ONLINE POKER AFFILIATE?

[Ron-Mexico]

Illegal