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Southern District of New York action against online poker players

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163:, an opponent of expanding internet gambling, pressured the Southern District to retaliate in light of Frank's proposal. Another theory states that the Southern District performed the raid to ensure that Frank's bill would pass. Rose explains that California law enforcement agencies raided a retirement home bingo game shortly before a vote to raise people's awareness of the issue. As the seizure occurred at a time where poker players might be seeking to participate in the 91:, online lotteries, and horse/harness racing. The law makes exceptions for games of skill as opposed to games of luck; thus, opponents of the measure argue, it should not apply to poker. Numerous studies have shown that poker is a game of skill, for example pointing to the predictive power of player's rankings on future success. 139:
the actions of the Southern District may never be tested. Since the sites are making the player whole, they may not have standing to challenge the Southern District. "Payment processors won't want to show up in court in the U.S. and, even if you could find a player," Rose said, "would they be willing to testify under oath?"
110:, a think tank "dedicated to free enterprise and limited government", the Justice Department has taken the stance that online wagering is prohibited by the Act, "despite the fact that the courts have repeatedly smacked down any attempt to apply the federal Wire Act ... to non-sport related Internet gambling." 138:
After the funds were seized all of the affected poker sites reimbursed the players the money that was seized. According to one PokerStars player, the site gave him an additional 10 percent credit. Professor Rose indicated that because the poker sites are reimbursing the players, that the legality of
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action was "very aggressive, and I think it's a gamble on the part of the prosecutors." Professor Rose indicated that it was unclear as to what law would allow for the seizure of money from individuals as compared to the companies involved. Previous government actions focused on sports betting, not
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Immediately after the seizure, the Poker Players Alliance issued a statement. In the statement, the PPA alleges that "in at least two cases" the seizure of funds was done without first obtaining the proper warrants. The statement states that the action was taken despite the fact that "no federal or
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The law, opponents argue, does not address transfer of money to individuals nor does it make online gambling illegal. The only state that has a law explicitly banning online poker is Washington. The federal government holds that playing online is a violation of the Act. Arlo Devlin-Brown, the
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may have seized the accounts as a money grab on the belief that nobody would fight the seizure in court. "It's a tremendous gamble," Rose said, "on the part of the U.S. Department of Justice to go after players and even more of a gamble to go after poker players."
102:, says that the U.S. government can seize the funds "because they constitute property involved in money laundering transactions and illegal gambling offenses." In seizing the money, the federal government did not cite the UIGEA but rather the 1961 law " 126:
poker and that according to Rose, many courts and legal authorities believe poker is different from sports betting because poker involves a transfer of money between individuals, while sports betting is between an individual and online casino.
155:(CEI) noted that the timing occurred at a time where, "regulators had finally begun to think about internet gambling as a legitimate activity that citizens have the right to engage in." They also noted that new legislation proposed by 17: 129:
Account Services lawyer Jeff Ifrah said that the government "has never seized an account that belongs to players who are engaged in what would contend is a lawful act of playing peer-to-peer poker online."
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and Goldwater Bank and Alliance Bank of Arizona to freeze the accounts of Allied Systems and Account Services. Allied Systems and Account Services are two of the account-management companies that
122: 39:. The action occurred around June 8, 2009, when the government ordered four banks to freeze over 34 million dollars in payments owed to about 27,000 poker players. According to the 143:
state court has ever found a payment processor or a player accessing an Internet poker site to have violated the federal laws alleged by the Southern District in this case."
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to legalize and regulate online poker "seems likely to pass." Rose mentioned other theories related to the timing. According to one theory, the
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was passed in an effort to combat terrorism at United States' harbors. One of the provisions included in the act is known as the
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The timing of the Southern District's actions has been the subject of considerable discussion. The
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The legality of online poker in the United States is uncertain. In 2006, the
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Southern District of New York (SDNY) Action Against Online Poker Players
64: 466:"Southern District of NY Freezes Online Poker Cash, PPA Takes Action" 44: 538:
United States District Court for the Southern District of New York
444:"Gambling Law Expert Nelson Rose Comments on Online Poker Seizure" 167:, Ifrah hypothesized that the raid was timed to coincide with the 18:
Southern District of New York Action Against Online Poker Players
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Nelson Rose, a law professor who specializes in gambling law at
83:(UIGEA). This provision prohibits the transfer of funds from a 87:
to an Internet gambling site, with the notable exceptions of
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United States Attorney for the Southern District of New York
304: 280:"Hard Evidence: is poker a game of chance or skill?" 412:"Legal Status of Online Poker in the United States" 81:Unlawful Internet Gambling Enforcement Act of 2006 484: 463: 361:"Web's Poker Winners Face Delays in Collecting" 271: 104:The Wire Act and Illegal Gambling Business Act 77:Security and Accountability For Every Port Act 70: 277: 354: 352: 350: 348: 258:"U.S. Deals Blow to Online-Poker Players" 409: 329: 358: 222: 14: 485: 437: 435: 433: 431: 429: 345: 441: 384: 382: 325: 323: 321: 251: 249: 247: 245: 218: 216: 214: 212: 210: 208: 206: 204: 202: 171:. Finally, Rose speculates that the 35:in an effort to crack down on online 392:. Poker Players Alliance. 2009-06-09 278:van Dolder, Dennie (26 March 2015). 255: 225:"Feds Freeze Poker Champ's Winnings" 513:Law enforcement in New York (state) 426: 332:"Feds Crack Down on Internet Poker" 67:use for the disbursement of funds. 24: 379: 334:. Competitive Enterprise Institute 318: 307:. Competitive Enterprise Institute 242: 199: 25: 549: 508:Legal history of New York (state) 464:Newell, Jennifer (10 June 2009). 330:Morrison, Richard (2009-06-10). 153:Competitive Enterprise Institute 108:Competitive Enterprise Institute 31:was a legal action taken by the 457: 223:Goldman, Russell (2009-06-11). 123:Southern District of New York's 403: 297: 13: 1: 523:Gambling in the United States 193: 359:Richtel, Matt (2009-06-09). 7: 256:Audi, Tamara (2009-06-10). 187:United States v. Scheinberg 179: 133: 10: 554: 173:U.S. Department of Justice 169:2009 World Series of Poker 442:Cypra, Dan (2009-06-18). 146: 161:National Football League 71:Legality of online poker 528:Poker in North America 119:Costa Mesa, California 106:." According to the 41:Poker Players Alliance 503:2009 in New York City 260:. Wall Street Journal 165:World Series of Poker 85:financial institution 33:Department of Justice 518:2009 in American law 115:Whittier Law School 446:. Poker News Daily 366:The New York Times 493:Poker and society 16:(Redirected from 545: 478: 477: 475: 473: 461: 455: 454: 452: 451: 439: 424: 423: 421: 419: 407: 401: 400: 398: 397: 386: 377: 376: 374: 373: 356: 343: 342: 340: 339: 327: 316: 315: 313: 312: 301: 295: 294: 292: 290: 284:The Conversation 275: 269: 268: 266: 265: 253: 240: 239: 237: 236: 220: 21: 553: 552: 548: 547: 546: 544: 543: 542: 498:Online gambling 483: 482: 481: 471: 469: 462: 458: 449: 447: 440: 427: 417: 415: 408: 404: 395: 393: 388: 387: 380: 371: 369: 357: 346: 337: 335: 328: 319: 310: 308: 303: 302: 298: 288: 286: 276: 272: 263: 261: 254: 243: 234: 232: 221: 200: 196: 182: 149: 136: 73: 53:Full Tilt Poker 23: 22: 15: 12: 11: 5: 551: 541: 540: 535: 530: 525: 520: 515: 510: 505: 500: 495: 480: 479: 456: 425: 410:Vaughn, Jake. 402: 378: 344: 317: 296: 270: 241: 229:ABCnews.go.com 197: 195: 192: 191: 190: 181: 178: 148: 145: 135: 132: 89:fantasy sports 72: 69: 57:Absolute Poker 9: 6: 4: 3: 2: 550: 539: 536: 534: 533:2009 in poker 531: 529: 526: 524: 521: 519: 516: 514: 511: 509: 506: 504: 501: 499: 496: 494: 491: 490: 488: 467: 460: 445: 438: 436: 434: 432: 430: 413: 406: 391: 385: 383: 368: 367: 362: 355: 353: 351: 349: 333: 326: 324: 322: 306: 300: 285: 281: 274: 259: 252: 250: 248: 246: 230: 226: 219: 217: 215: 213: 211: 209: 207: 205: 203: 198: 189: 188: 184: 183: 177: 174: 170: 166: 162: 158: 154: 144: 140: 131: 127: 124: 120: 116: 111: 109: 105: 101: 98: 92: 90: 86: 82: 78: 68: 66: 62: 58: 54: 50: 46: 42: 38: 34: 30: 19: 470:. Retrieved 459: 448:. Retrieved 416:. Retrieved 405: 394:. Retrieved 370:. Retrieved 364: 336:. Retrieved 309:. Retrieved 299: 287:. Retrieved 283: 273: 262:. Retrieved 233:. Retrieved 228: 185: 157:Barney Frank 150: 141: 137: 128: 121:, said that 112: 93: 74: 61:Ultimate Bet 28: 26: 305:"About CEI" 49:Wells Fargo 487:Categories 450:2009-06-30 396:2009-06-30 372:2009-06-29 338:2009-06-29 311:2009-06-29 264:2009-06-29 235:2009-06-29 231:. ABC news 194:References 65:PokerStars 97:assistant 472:28 April 418:28 April 180:See also 134:Response 45:Citibank 468:. Bluff 414:. OCBB 147:Timing 289:1 May 37:poker 474:2014 420:2014 291:2020 63:and 27:The 117:in 489:: 428:^ 381:^ 363:. 347:^ 320:^ 282:. 244:^ 227:. 201:^ 59:, 55:, 47:, 476:. 453:. 422:. 399:. 375:. 341:. 314:. 293:. 267:. 238:. 20:)

Index

Southern District of New York Action Against Online Poker Players
Department of Justice
poker
Poker Players Alliance
Citibank
Wells Fargo
Full Tilt Poker
Absolute Poker
Ultimate Bet
PokerStars
Security and Accountability For Every Port Act
Unlawful Internet Gambling Enforcement Act of 2006
financial institution
fantasy sports
assistant
United States Attorney for the Southern District of New York
The Wire Act and Illegal Gambling Business Act
Competitive Enterprise Institute
Whittier Law School
Costa Mesa, California
Southern District of New York's
Competitive Enterprise Institute
Barney Frank
National Football League
World Series of Poker
2009 World Series of Poker
U.S. Department of Justice
United States v. Scheinberg

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