Whether you like to gamble at the casino, play at the sportsbook, play virtual poker, or play the lottery, you can find your favorite online gambling venue in the United States. However, the legality of these sites is not clear.
Legality
Whether you live in the United States or elsewhere, the legality of online gambling is a hotly debated topic. The issue is more complex than most people realize. The legality of gambling in the United States depends on a number of factors, including state laws and federal legislation.
The federal government has taken a number of steps to make it more difficult for people to gamble online. One such law is the Unlawful Internet Gambling Enforcement Act (UIGEA). This law makes it illegal for businesses to accept payments from illegal online gambling sites. It also exempts fantasy sports and other games of skill. This act also prevents US consumers from using overseas gambling sites.
Another federal law that has made it more difficult for people to gamble online is the Wire Act. This law was enacted to prevent illegal sports betting and other organized crime operations from using the telephone to place bets. The Wire Act was enacted in 1961 before the internet was even invented.
Constitutional objections to prosecuting illegal online gambling
Despite the aforementioned prohibitions, the United States boasts a nascent online gambling industry that is gaining steam. In fact, analysts estimate that $600 million of the nation’s internet gambling revenues came from our shores in 1997. This bodes well for the future of the industry.
Some say that the legalization of internet gambling in the United States is not a bad thing. Several countries have already legalized internet gaming services. In fact, the United States’ gambling industry has the shortest legal distance to any of its competitors. However, the United States has no extradition treaty with any foreign country to bring back its nationals should they violate domestic anti gambling laws. It’s no wonder that Americans are eying the online gaming industry as a safe haven.
The federal government has a laundry list of statutes in the anti-gambling arena, such as the Wire Act. Those enforcing these laws are not likely to have the best of intentions. In fact, the industry has managed to stay one step ahead of the law enforcement fraternity through the use of offshore betting sites.
Charges against operators of online gambling sites
During the past ten years, the federal government has charged a number of operators of online gambling sites. These charges involve online sportsbooks, poker sites, and casinos. Some of the charges are related to money laundering.
For example, the owner of Seals with Clubs, an illegal bitcoin poker site, was sentenced to two years probation. The owner argued that cryptocurrencies are not recognized as currency by the federal government. However, the government’s position was not accepted.
Another example involves a sports betting wire room in San Jose, Costa Rica. The ring generated gross revenues of almost $500 000 a day. The ring was operating in violation of federal law. The government seized the company’s assets.
The government also settled cases with other online businesses, such as Microsoft and Google, that were accepting advertising from offshore gaming outlets. These companies faced fines for accepting online gambling adverts. The government also threatened media outlets, such as Sporting News, with subpoenas and the seizure of funds.
CRS reports on online gambling
During the 109th Congress, the CRS released a series of reports on internet gambling. These reports include CRS Report RS21487, which addresses the evolution of internet gambling legislation. The report also includes information on the WTO dispute settlement regarding the United States’ measures to restrict cross-border supply of gambling and betting services. In addition, the report examines federal criminal laws implicated by internet gambling.
The report includes a summary of the 108th and 109th Congresses, as well as a discussion of how internet gambling legislation is evolving. The report also provides a description of recent efforts to urge the Department of Justice (DOJ) to rescind 2011 guidance relating to the wire act. In addition, the report also contains information on the WTO dispute settlement and the Office of Foreign Assets Control’s (OFAC) administration of financial services.
Aside from establishing legal safeguards to combat compulsive Internet gambling, the regulations must also ensure the collection of taxes and protect customer privacy. Additionally, they must maintain measures to protect against money laundering and terrorism.