Poker Players Alliance News

[MD] Bowie Elks reprimanded for illegal poker game at lodge

December 20th, 2007

The Bowie Elks Lodge in Gambrills received a reprimand from the Anne Arundel County Liquor Board Dec. 11 after police found lodge members playing poker in August.

The board agreed to expunge the violation from the club’s record if it has no other violations for one year and if the lodge pays the administrative costs for the hearing.

Lodge members were ordered to appear before the liquor board after police entered the club on an anonymous tip Aug. 13 and discovered an illegal poker game ongoing.

When police went to the lodge, they confiscated $406, a poker table, poker chips and playing cards, according to an Anne Arundel County police report.

Eight men, three of whom listed Bowie addresses, were involved in the game, the report said.

No charges have been filed, according to Maryland court records.

Detective Lemuel Aulton of the Anne Arundel County Police Department told the liquor board that the lodge members and staff were ‘‘very cooperative” with police, and the men admitted they were playing a low-stakes poker game.

[UIGEA] Online gaming firms take action against US

December 20th, 2007

European online gaming firms are filing a formal complaint against the United States for discrimination after their controversial exit from the US market.

The companies say that the US Department of Justice has violated international trade law by kicking them out of the market and taking legal action while allowing domestic online gaming operators to continue trading.

The move by the Remote Gaming Association (RGA) comes only days after the European Union agreed a trade deal with the US to compensate the bloc for loss of earnings from gaming.

European online gaming firms, such as PartyGaming, 888.com and Sportingbet, have been hit hard after they were forced to stop doing business in the lucrative US market following a rule change last year.
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“We have been left with no choice but to pursue all legal avenues available to challenge the US Department of Justice for its discriminatory enforcement activities against European online gaming operators,” Clive Hawkswood, the chief executive of the RGA, said.

The group has asked the EU to investigate the situation, arguing that although the US has repeatedly stated that all forms of online gambling are illegal, it has enforced this view only with non-US businesses.

“How would US investors and businessmen feel if they invested in a business in the UK based on international law commitments, and then suddenly the UK not only passed new laws forcing them to shut down their business but tried to throw them in jail for past activities, while still allowing their domestic competitors to continue on doing the same thing?” Mr Hawkswood said.

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[UIGEA] Web giants to settle gambling allegations

December 20th, 2007

Three of the world’s most-popular websites have agreed to pay a collective $31.5 million to settle allegations that they promoted illegal online gambling operations.

The U.S. attorney in St. Louis announced the settlements Wednesday with Microsoft Corp., Yahoo Inc. and Google Inc., which she accused of selling ads that steered U.S. Web surfers to offshore gambling websites. The Justice Department considers publishers of such gambling ads to be accessories to a crime.

Without admitting or denying liability, the three companies agreed to forfeit millions of dollars they took in from the suspect ads, and Microsoft and Yahoo vowed to run public service campaigns warning young people that online gambling is illegal.

The agreements come as part of a U.S. crackdown that has included the arrests of top executives of publicly traded British companies that have accepted online bets from Americans. The government also has reached a multimillion-dollar settlement with EBay Inc.’s PayPal subsidiary for processing gambling transactions.

A year ago, President Bush signed a law that made such wagering, and the processing of many payments related to wagering, more explicitly illegal.

All three Internet companies said they had stopped accepting gambling ads in 2004, more than six months after the government warned magazine publishers that similar ads were illegal.

U.S. Atty. Catherine L. Hanaway, who also won a $7.2-million settlement from the Sporting News in January 2006, agreed to waive any additional liability of the Internet companies.

Although they generally stopped selling such ads several years ago, she said, the settlement agreements cover the years 1997 to 2007 to provide the companies more protection from prosecution.

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[NY] Illegal Texas Hold ‘em parlor raided

December 20th, 2007

A Farmingville man who ran illegal Texas Hold ‘em poker games in the basement of his home was arrested Wednesday night after an undercover investigation, Suffolk police said.

Joseph Giannino, 41, of 27 Hickory Ave. in Farmingville, was arrested at his home during a 10:30 p.m. raid by Suffolk police.

Officers executed a search warrant while a game was in progress, and they seized four poker tables, three metal cases full of chips and a box containing almost 100 decks of cards.

They also seized several computers and approximately $2,000 in cash.

Giannino was charged with promoting gambling and criminal nuisance, both misdemeanors, and was given a field appearance ticket for arraignment at First District Court in Central Islip on February 20.

The raid was conducted by Sixth Precinct Crime Section Officers, assisted by Emergency Services Officers, the Sixth Precinct Gang Unit and the Sixth Precinct COPE Unit.

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[HR 2046] Sen. Jon Kyl statement on HR 2046

December 20th, 2007

INTERNET GAMBLING — (Senate - December 18, 2007)

Sen. Jon Kyl [R-AZ]: Mr. President, I would like my colleagues to be aware of an important letter signed by 45 State attorneys general expressing “grave concerns” about Representative BARNEY FRANK’s Internet Gambling Regulation and Enforcement Act, H.R. 2046.

The State attorneys general note that the recently enacted Unlawful Internet Gambling Enforcement Act of 2006 has “effectively driven many illicit gambling operators from the American marketplace.” The Frank bill “proposes to do the opposite, by replacing state regulations with a federal licensing program that would permit Internet gambling companies to do business with U.S. customers.”

A federal license would supersede any state enforcement action, because 5387 in H.R. 2046 would grant an affirmative defense against any prosecution or enforcement action under any Federal or State law to any person who possesses a valid license and complies with the requirements of H.R. 2046. This divestment of state gambling enforcement power is sweeping and unprecedented.

One final but very important point from the letter is the impact of the so-called “opt-out” provisions. Specifically, the letter reads:

[T]he opt-outs may prove illusory. They will likely be challenged before the World Trade Organization. The World Trade Organization has already shown itself to be hostile to U.S. restrictions on Internet gambling. If it strikes down state opt-outs as unduly restrictive of trade, the way will be open to the greatest expansion of legalized gambling in American history and near total preemption of State laws restricting Internet gambling.

The Frank bill is unacceptable to the State attorneys general and it ought to be unacceptable to Members of Congress as well. I urge my colleagues to oppose the Frank bill or any similar proposals that would create a permissive Federal licensing scheme for Internet gambling.

I ask unanimous consent to have printed in the Record the letter from the National Association of Attorneys General.

There being no objection, the material was ordered to be printed in the RECORD, as follows:

ATTORNEYS GENERAL,

Washington, DC, November 30, 2007.

TO THE LEADERSHIP OF THE U.S. HOUSE OF REPRESENTATIVES AND SENATE:

We, the Attorneys General of our respective States, have grave concerns about H.R. 2046, the “Internet Gambling Regulation and Enforcement Act of 2007.” We believe that the bill would undermine States’ traditional powers to make and enforce their own gambling laws.

On March 21, 2006, 49 NAAG members wrote to the leadership of Congress:

“We encourage the United States Congress to help combat the skirting of state gambling regulations by enacting legislation which would address Internet gambling, while at the same time ensuring that the authority to set overall gambling regulations and policy remains where it has traditionally been most effective: at the state level.”

Congress responded by enacting the Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA), which has effectively driven many illicit gambling operators from the American marketplace.

But now, less than a year later, H.R. 2046 proposes to do the opposite, by replacing state regulations with a federal licensing program that would permit Internet gambling companies to do business with U.S. customers. The Department of the Treasury would alone decide who would receive federal licenses and whether the licensees were complying with their terms. This would represent the first time in history that the federal government would be responsible for issuing gambling licenses.

A federal license would supersede any state enforcement action, because §5387 in H.R. 2046 would grant an affirmative defense against any prosecution or enforcement action under any Federal or State law to any person who possesses a valid license and complies with the requirements of H.R. 2046. This divestment of state gambling enforcement power is sweeping and unprecedented.

The bill would legalize Internet gambling in each State, unless the Governor clearly specifies existing state restrictions barring Internet gambling in whole or in part. On that basis, a State may “opt out” of legalization for all Internet gambling or certain types of gambling. However, the opt-out for types of gambling does not clearly preserve the right of States to place conditions on legal types of gambling. Thus, for example, if the State permits poker in licensed card rooms, but only between 10 a.m. and midnight, and the amount wagered cannot exceed $100 per day and the participants must be 21 or older, the federal law might nevertheless allow 18-year-olds in that State to wager much larger amounts on poker around the clock.

Furthermore, the opt-outs may prove illusory. They will likely be challenged before the World Trade Organization. The World Trade Organization has already shown itself to be hostile to U.S. restrictions on Internet gambling. If it strikes down state opt-outs as unduly restrictive of trade, the way will be open to the greatest expansion of legalized gambling in American history and near total preemption of State laws restricting Internet gambling.

Sincerely,

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[MA] Harvard Law Professor Charles Nesson testifies before the Massachusetts Legislature about Internet poker

December 19th, 2007

Testimony before the Massachusetts Legislature
Prof. Charles Nesson
Tuesday, December 18, 2007


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Mr. Chairman, Senator Montigny, Representative Flynn, members of the Legislature, thank you for inviting me to testify today. I am here to express opposition to Governor Patrick’s Casino Bill insofar as it would make criminals, with fines up to $25,000 and incarceration for up to two years, of people in Massachusetts who play online poker.

My name is Charlie Nesson. I am the Weld Professor of Law at Harvard Law School where I have taught for forty years. I am also the founder and co-director of The Berkman Center for Internet & Society at Harvard. I come to you today, however, as the president of The Global Poker Strategic Thinking Society - GPSTS. We are organizing chapters at leading colleges and universities around the world. Recently, we held team poker matches between Harvard and Yale and between UCLA and USC. In March, we will hold a national tournament.

The idea behind GPSTS is that poker is more than just a fun game. Poker teaches inferential strategic thinking. Poker teaches important life skills, such as numeracy, negotiation, patience, asset management and risk assessment. I teach my law students to play poker because anyone who can hold her own at a poker table is going to do just fine in court or business negotiation.

I know the concern of this hearing is revenue. I shall make three points relating issues of revenue to this bill’s criminalization of online poker.

First, the internet is coming. Face it, the internet is here. To make revenue projections for a future based on the assumption that the law will continue into the future to protect the casinos and lotteries from internet competition is ill advised. To criminalize internet commerce in and from the commonwealth relegates Massachusetts to an internet backwater.

Second, online poker, in comparison to online casino games like blackjack and roulette, does not take money away from casinos. Quite to the contrary, online poker is a boon to live-action poker. Just look at the numbers at the main event of the WSOP. TV didn’t hit until 2003. 2004 is when the combination of TV and online really kicked in. From there the growth in casino poker has been exponential, fed by a mass of players who have learned and honed their poker skills online. In 2004, 316 contestants qualified for the WSOP via online poker satellite competition. In 2005, the number was 1,116. In 2006, it was 1,600. Every major casino in Las Vegas has added or expanded poker rooms in the last few years. Online poker provides a great school for learning to play good poker. It draws people to live action.

Third, and this is my passion, online poker has tremendous positive potential for education. Poker teaches strategy, patience, calm and courage under pressure, all in a form in which students are eager to learn. Embedded in a curriculum showing students the logic and the metaphors of the game, poker offers a tremendous potential driver for education online. Education is among the greatest of our commonwealth’s industries, and global education using the world’s intense interest in the American game of Poker is one of our education industry’s great potentials.

Please, do not criminalize online poker.

Thank you.

A big deal [Economist]

December 19th, 2007

note: the following was excerpted from the Economist article.

The skill-versus-luck debate has crackled back to life because of the passage of a law last year, sneakily tacked on to a port-security bill, which sought to bolster existing legislation against internet wagering by blocking Americans’ access to accounts that can be used to gamble online. All games that are “predominantly” subject to chance were covered by the ban. Poker was included. For reasons best explained by lobbyists, horse racing, fantasy sports and lotteries were exempted. This discrepancy had already landed America in hot water at the World Trade Organisation, thanks to a case brought by tiny Antigua, home to several online gambling sites.

America’s Department of Labour has given a nod to the element of skill, in some eyes, by last year recognising “professional poker player” as an official occupation. Courts, however, tend to view poker as a game of chance. That, Mr Lederer is convinced, is only because the opposing arguments have been botched at the bench.

As he concedes, it is hard to argue that a seasoned professional will beat a first-timer in any given hand. But there is evidence aplenty that, over the long run, a player with a head for calculating odds and a feel for the psychology of the game, such as bluffing, will always overcome an untalented opponent.

The skill, Mr Lederer argues, is in the betting. And it is apparent in the fact that you can win without the best hand. More than half of all hands end without the cards being shown, not because one player got lucky but because he managed to persuade the others, given their analysis of the available information and the size of the pot, that it was sensible to fold. When no one declares their hand, can it really be argued that the outcome was determined by luck?

At the highest level, decisions about betting, bluffing and folding are based on the complex juggling of probabilities. “What drew me to poker is that it is essentially an academic endeavour,” says Ms Duke. She is one of a growing group of full-time players who came to poker through game theory and mathematics, not through any love of a flutter. (Indeed, she never plays craps or roulette.) Others include Mr Lederer (her brother) and Mr Ferguson, who has a doctorate in computer science and writes academic papers on probability theory with his father, a statistician at UCLA.

Thomas Bihl, winner of a recent HORSE tournament, in which players have to show mastery of five different styles of poker, thinks the game has more in common with finance than it does with basic forms of gambling, because it requires the constant pricing and repricing of risk. Mr Bihl, a former stock trader, says the move from his old job into poker was a natural progression. Though his £71,000 win was “a huge lift”, he says that he is motivated not by money but by the chance to use his brain to outfox opponents. This is a common refrain among regular players. As Ms Coren put it in a recent article: “Cash is nothing more than chips, just the tools of the trade, like fishing rods to an angler. The game is all about money, and nothing to do with money.”

Those who think skill predominates also point to the fact that some players excel at the game while others don’t. Dan Harrington made the final table of the WSOP in both 2003 and 2004, the odds of which would be 25,000 to one if it were down to chance. Stu “The Kid” Ungar, a brilliant player with a self-destructive streak, won three times in not many more attempts before succumbing to drugs.

Moreover, when wealthy amateurs pit their wits against professional players steeped in poker theory, more often than not they lose their shirts. In a number of sessions beginning in 2001, Andy Beal, a Dallas-based banker, locked horns with a syndicate of pros, including Mr Lederer, convinced that he could come out on top. He did not.
After two weeks of poker, with daily sessions lasting up to 16 hours, Jerry Yang, a psychologist, went home $8.25m richer

Nevertheless, luck is important. It blends with skill to produce a game that is “much like life, full of incomplete information and second-guessing,” says Mr Lederer. Poker is certainly more exciting to most than chess, a game of complete information and limited psychology where the better player always wins. Tellingly, whereas computers can be programmed to play chess at the highest level, they still have a long way to go to match expert players in poker games with more than two participants. The best attempt so far, Polaris, developed by researchers at the University of Alberta, failed to get the better of two top players, Ali Eslami and Phil “Unabomber” Laak (who plays hooded).

Moreover, professionals say that poker’s generous dollop of luck is good for them on balance, because it attracts money from neophytes who fancy their chances of beating the top players in tournaments. Some pros disparagingly call such players “ATMs”. But, as Mr Moneymaker showed, the newcomers occasionally win big. His victory in 2003 led to a surge in entrants for the World Series main event from 512 in 2000 to 8,773 in 2006. A dip this year to 6,358 reflected the new American law’s effective ban on internet sites buying satellite-competition winners into the tournament. (Some tried to get around this by sending the winners cheques instead, but most recipients simply held on to the money rather than using it to buy themselves in.)

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[MA] Mass. gov: Don’t moralize gambling

December 19th, 2007

Gov. Deval Patrick, leading off a casino gambling hearing that lured
Las Vegas chief executives to Beacon Hill, testified Tuesday that
lawmakers shouldn’t moralize against casino gambling.

The
Democratic governor pushed his three-casino legislation as a way to
create new revenues and jobs at a time when Massachusetts needs both.
He said Massachusetts residents currently spend $1 billion annually at
Connecticut’s two casinos.

Patrick said his late mother
gambled at casinos, and senior citizens and other adults “have been
making their own decisions about what’s best for them for a very long
while.”

“They do not need the state to tell them how they should or shouldn’t spend their entertainment dollars,” he said.

Patrick
said his plan would dedicate some revenue to addressing negative
effects of the casinos, including gambling addictions and crime.
Patrick said three casinos would generate $400 million dollars in
annual tax revenue and 20,000 new jobs.

The hearing had a
pro-casino flavor, as it was called by Rep. David Flynn, a Bridgewater
Democrat who supports expanding gambling.

Union activists
packed the Gardner Auditorium with supporters wearing red T-shirts with
pro-casino messages — so much so that they left no seat for
billionaire Sheldon Adelson, CEO of Las Vegas Sands, who wants to build
a casino in the Marlborough area.

Eventually, a metal chair was placed along the front row for the 74-year-old Adelson, who uses a cane to walk.

Adelson was scheduled to testify later Tuesday, as was Gary Loveman, chief executive of Harrah’s Entertainment.

House
Speaker Salvatore DiMasi opposes an expansion of gambling. He says the
full House won’t consider the governor’s measure until next year.

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[UIGEA] Banks attack conflicting US gambling rules

December 18th, 2007

Banking lobbyists are warning the US Treasury that regulations proposed in the wake of last year’s sweeping anti-gambling law will be impossible to comply with unless the Bush administration clarifies its conflicting views on online betting.

The Financial Services Roundtable, which represents dozens of banks and other financial services firms, said it was “very concerned” that adoption of the rules could impose “significant” and costly compliance burdens on banks.

“The statute and the proposed rule expand the role of financial institutions to police laws that are more appropriate for law enforcement agencies,” the Roundtable said in public filings to the Treasury and Federal Reserve.

The criticism raises new questions about whether regulators will be able to enforce a law that, in effect, requires banks and other institutions to know the purpose and legality of payments in an industry - online gambling - in which federal and state rules often conflict.

The proposed rules would require US financial companies with designated payments systems to have policies and procedures that are “reasonably designed” to prevent payments being made to illegal gambling businesses. According to the US Treasury, illegal gambling consists of any bet or wager involving the internet that is illegal in the state in which the bet is made.

The proposed rules were drafted after the passage last year of the Unlawful Internet Gambling Enforcement Act, a bill that wiped billions of dollars in value from non-US gambling websites.

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[WTO] U.S. reaches deal with EU, Japan, Canada on gambling

December 18th, 2007

The United States has reached a deal with the European Union, Japan and Canada to keep its Internet gambling market closed to foreign companies, but is continuing talks with India, Antigua and Barbuda, Macau and Costa Rica, U.S. trade officials said on Monday.

“We are pleased to confirm that the United States has reached agreement … with Canada, the EU and Japan,” Gretchen Hamel, a spokeswoman for the U.S. Trade Representative’s office, said in a statement several hours after the EU had announced details of the deal it had reached with Washington.

The decision is a disappointment for European online gambling companies who hoped a case brought by Antigua several years ago at the World Trade Organization gave them a foothold to get back in the U.S. market after being kicked out by Congress last year.

In an April 2005 victory for Antigua, the WTO said a U.S. law allowing only domestic companies to provide horse-race gambling services discriminated against foreign firms.

But rather than open up the U.S. online horse-race gambling market, Congress tightened restrictions on other forms of Internet gambling last year by making it illegal for banks and credit card companies to make payments to online gambling sites.

The Bush administration also announced in May that it was retroactively excluding gambling and betting services from market-opening commitments it made as part of the 1994 world trade agreement, saying that U.S. trade negotiators had made a mistake by not expressly excluding them at the time.

That opened the door for the European Union and other trading partners to seek compensation from the United States in the form of increased access to another U.S. service market.

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