USA poker law update

[notter]

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PokerLetter.org: Your Online Poker Strategy Guide
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Dear Notter,

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THIS WEEK IN POKER:
* Where can I play Online Poker now?
* Is the Money I have in Poker Sites safe?
* Can I still play online Poker?
* What are the Existing Online Gambling Laws?
* The Next Step
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* Where can I Play Online Poker now?
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Sites Accepting US & Non-US Players
- Bodog - http://www.pokerletter.org/bodog.php
- Mansion Poker - http://www.pokerletter.org/mansion.php

Sites Accepting Only Non-US Players
- Titan Poker - http://www.pokerletter.org/titan.php
- Party Poker - http://www.casinoletter.org/party1.php
- Pacific Poker - http://www.casinoletter.org/pacific.php
- Noble Poker - http://www.casinoletter.org/noble.php
- Poker Room - http://www.pokerletter.org/pokerroom.php
- Full Tilt Poker - http://www.casinoletter.org/fulltilt.php

* Is the Money I have in Poker Sites safe?
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Nothing is going to happen for the next 270 days - that's 9 months - because the board of governors and Federal Reserve System have to design an enforcement policy that will regulate the behavior of banks and credit cards, which we can surely tell you is going to be a nightmare. So, that means you'll be able to transfer your money like before within the next 9 months.

Since we're on the topic of your money, realize that the new bill now asks the banks to police a social issue which is certainly something the American Bankers Association does not want. Second, if the Federal Reserve wants to regulate banks, then they will have to include regulating hand written checks. Imagine the amount of manual labor it will take to physically inspect millions of checks to make sure they're not going to online gambling sites. Based on this fact alone, we probably will see players be able to mail a check to make deposits into their accounts.

The point is that these off-shore Gaming companies will always be able to legally circumvent US laws because the United States have so many laws that circumvent themselves.

* Can I still Play Online Poker?
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Of course you can still play online poker. The current law passed by the United States government does not make online gaming illegal. The new bill makes it more difficult to get money into a site by making it illegal for financial institutions located within the United States to fund any type of online gambling site.

Simply put, the bill is called the "Unlawful Internet Gambling Enforcement Act." The main word here is "enforcement. This bill's purpose is to enforce laws which are already in place. Therefore, the language of the statute confirms that the new law does not change any of the existing gaming law.

* What are the Existing Online Gambling Laws?
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The main law that gets thrown around when discussing the legality of online poker is the Wire Act of 1961, which was created specifically for sports betting. Being that online poker is a totally different game from sports betting, some politicians have been trying to use the Wire Act of 1961 to claim that online poker is illegal. Since online poker has been around for 10 years and there has never been a case brought up by the Attorney General, it just reinforces the fact that the Wire Act of 1961 is not enough to make online poker illegal. The only thing the US goverment can do is to create another law similar to the Wire Act that targets online poker specifically.

Another key point is the topic of jurisdiction, which is the main reason the United States government cannot stop online poker. The United States has no jurisdiction to control companies based in other countries, so gaming sites operating offshore are not subject to any US Laws. In the legal world, a law that tries to control an offshore company is considered a law with no teeth. Companies such as NetTeller and BoDog have been able to survive this recent bill because they understand the jurisdiction laws.

Here's a list of sites that have weighed their options and decided what to do:
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Sites Accepting US & Non-US Players
- Bodog - http://www.pokerletter.org/bodog.php
- Mansion Poker - http://www.pokerletter.org/mansion.php

Sites Accepting Only Non-US Players
- Titan Poker - http://www.pokerletter.org/titan.php
- Party Poker - http://www.casinoletter.org/party1.php
- Pacific Poker - http://www.casinoletter.org/pacific.php
- Noble Poker - http://www.casinoletter.org/noble.php
- Poker Room - http://www.pokerletter.org/pokerroom.php
- Full Tilt Poker - http://www.casinoletter.org/fulltilt.php

We hope this email has been of some help for you and that you will continue playing one of the truly great games in the world with people from around the world.

Sincerely,

PokerLetter.org

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PokerLetter.org supplies online poker information for entertainment purposes only. This information is not to be used to violate any federal, state, or local laws. Advertisements by Off-shore Poker Sites in this email are void in local jurisdictions, counties, states or countries where prohibited by law. Please patron their services only if you can legally engage in foreign regulated gambling within the parameters of your own local, county, state and/or federal jurisdiction.


PokerLetter.org
#1 Professional Poker Newsletter
606 Portman Square
London, UK W1H 6HN

[alisha47]

Hello

Thanks for sharing this informative information . I have got lot of information from your post. Great.

Thanks
Have a nice time a head.

[peyton jan]

Here's an update regarding in online poker in US pending bill by PokerNews.

The poker resistance, led by the Poker Players Alliance and the Interactive Media Entertainment and Gaming Association, would like nothing more than the opportunity to argue in a United States court that poker is a game of skill and its online play is not prohibited by any federal law.


When the U.S. Attorney's office for the Southern District of New York seized over $30 million in transit from offshore poker sites to the American public in June, it appeared this could be the platform for which the poker lobbyist and advocacy groups had been waiting. The PPA immediately announced having assembled a legal team to combat the action.


As the dust settled and the SDNY's indictment of Canadian citizen Douglas Rennick came tolight this month, it has become clear that poker's protectors will be handcuffed on the issue.


The indictment charges that Rennick committed bank fraud conspiracy in opening accounts at banks, by representing that his various companies would be processing rebate and affiliate checks, when they were really processing payments related to Internet gambling.
"It doesn't even give you the opportunity to get into a debate on the status of Internet poker," iMEGA chairman Joe Brennan Jr. said. "Whether Internet poker is legal or not is almost inconsequential when you have a processor lying about where the money is coming from."


The Illegal Gambling Business Act of 1955 is mentioned in the following two counts of money laundering and gambling conspiracy in the indictment. If Rennick is guilty of bank fraud then there is no reason for him to re-enter the U.S. and face trial to argue those points.


The PPA did file an amicus brief for the SDNY that stated that seizing funds transferred to players is in direct conflict with the Unlawful Internet Gambling Enforcement Act, that poker is a game of skill, and that games of skill are not prohibited under the Illegal Gambling Business Act. However, that may be the extent of what the PPA can do on the matter.
"We think it's an underhanded move by the (Department of Justice) to get away from actually having a hearing and a trial on the facts," PPA chairman John Pappas said. "I think the odds that (Rennick) will appear and that there will be a trial are very slim. We think this move was tactical by the DOJ to avoid pushing forward with a trial on the merits of whether poker is a lawful game."
Though the funds seized were player payouts, or money that belonged to U.S. citizens, major poker sites PokerStars and Full Tilt Poker refunded the withdrawals plus bonuses into the accounts of their impacted players. The offshore poker sites are not going to go after the confiscated funds and open up their operations to scrutiny in U.S. courts.


Account Services Corporation, one of Rennick's companies, filed a suit in the Southern District of California to reclaim $14 million in seized funds before he was indicted. That case is also in limbo. The SDNY filed a motion last week to move the case to New York and delay it until after the trial against Rennick -- which may never take place.
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In more positive news, poker scored its largest victory in the media with an Op-Ed piece titled "Government Should Drop its Ban on Online Poker" in a Sunday edition of the Washington Post on Aug. 16.


The column was written by George F. Will, one of the most widely syndicated columnists in the U.S., and appeared in about 450 papers around the country.


"He's pretty widely respected in all political arenas," Pappas said of Will. "People on (Capitol) Hill will certainly see it when they get back in session in a few weeks."

Poker players are fearful that local games will be robbed or raided by local police. If you want to get involved and be a part of the growing Texas poker reform movement.

[faye valentine]

There are few sites have remained in the US market. Namely, Pokerstars.com and FullTiltPoker.com who publicized their intent to stay soon after the law was passed. These US poker sites accept American poker players. And depositing for US players has become more difficult. Fortunately, other US poker deposit options such as Instant Poker eChecks have emerged that make it easier to directly deposit into online casino accounts.

[Dirty]

There are a lot of reputable US Poker sites.. many can be found at our sister site GIQPoker.com

[faye valentine]

There are poker sites that are labeled for flagged as "Partial", these rooms are only banning poker players from the states of South Dakota, Nevada, Oregon, Wisconsin, Washington State, Indiana, Louisiana, Michigan, Illinois, New York and New Jersey. Residents of the remaining 39 states are allowed access to the real money games.

[reese]

As far as I know, Individual states in USA would have the power to either allow the US player to play poker or opt out in which would block that states residents from playing.