• Analysis of Internet Gambling Funding Ban

SUBCHAPTER IV - PROHIBITION ON FUNDING OF UNLAWFUL INTERNET GAMBLING

5361. Congressional findings and purpose

5363. Prohibition on acceptance of any financial instrument for unlawful Internet gambling
Professor Rose is the author of more than 300 books, articles, book chapters and columns. He is best known for his internationally syndicated column, "" and his landmark 1986 book by the same name. His most recent book is a collection of columns and analysis, co-authored with Bob Loeb, on Blackjack and the Law.

5367. Circumventions prohibited

5364. Policies and procedures to identify and prevent restricted transactions
"An amended answer filed . . . by Defense Counsel Harold F. Trapp, Sr., was branded 'an insult to the dignity of the court' by the judge because it was 'absolutely inconsistent' with the sworn testimony last week of a Lincoln restaurant proprietor and a cafe bartender."

 

(1) being engaged in the business of betting or wagering

(3) proceeds from credit cards, electronic fund transfers and checks
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Carolina Injuries – RB Johnathan Stewart will return after missing last week. RG Trai Turner (concussion) practiced in full on Friday and is expected to get cleared to play after missing three games.
New Orleans Injuries – LT Terron Armstead who missed last week is said to be a GTD. The Saints also have some depth issues on defense with SLB AJ Klein and his back-up SLB Hau-oli Kikaha, SS Kenny Vaccaro and back-up DE John Hughes all on IR.

(4) in connection with with the participation of a bettor
According to the , "an anonymous tip received by the State's Attorney's office led to the arrests and discovery of the machines. State's Attorney Darrell Klink, Assistant State's Attorney Rodney Bucher, [Lincoln] Chief of Police Earl Minder, and city policeman Jerry Agnew found a semi-trailer truck almost loaded at the residence of Mrs. Minnie Schwenoha at 302 N. Logan St.


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"The Act is expected to be signed into law by President Bush within the next two weeks.... [I]t will immediately make unlawful the receipt by a gambling business of proceeds or monies in
connection with unlawful internet gambling. The Act does not clarify the definition of unlawful gambling.
However, as the first piece of Federal legislation dealing explicitly with internet gaming, it does make
clear that the US government intends to stop the flow of funds from Americans to online gaming
operators through criminal sanction. The Act also asserts that, under US law, a wager must be permitted
under the laws both of the customer’s place of residence and that of the operator.

Aruba: No one under 18 years old is allowed in casinos.

Jeff Simpson, the business editor of the Las Vegas Sun : [I]f the poker community keeps whistling past the graveyard, pretending that there's nothing wrong with flouting the law in pursuit of easy money, even tougher crackdowns are ahead.

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HAWAIIHawaii, Tennesse and Utah are the only states that have not legalized some form of commercial gambling. Hawaii, like many other states, does allow "social gambling" -- the minimum age is 18. Hawaii Revised Statute §712-1231. The Legislature has been considering allowing casino gambling, either in selected areas or on cruise ships.IDAHOThe Coeur d’Alene Tribe made the most serious attempt of any federally recognized tribe to set up nationwide Internet and telephone lotteries. The Tribe’s "U.S. Lottery" was discontinued after adverse court decisions.Lottery: Idaho Code §67-7413 prohibits the knowing sale of tickets to anyone under 18.

Excluded from the definition of "bet" are:

"After taking extensive legal advice, the Board of PartyGaming Plc has concluded that the new legislation,
if signed into law, will make it practically impossible to provide US residents with access to its real money
poker and other real money gaming sites. As a result of this development, the Board of PartyGaming
has determined that if the President signs the Act into law, the Company will suspend all real money
gaming business with US residents, and such suspension will continue indefinitely, subject to clarification
of the interpretation and enforcement of US law and the impact on financial institutions of this and other
related legislation...."