Online Poker - Legality

Legality

From a legal perspective, online poker may differ in some ways from online casino gambling. However, many of the same issues do apply. For a discussion of the legality of online gambling in general, see online gambling.

Online poker is legal and regulated in many countries including several nations in and around the Caribbean Sea, and most notably the United Kingdom.

In the United States, the North Dakota House of Representatives passed a bill in February 2005 to legalize and regulate online poker and online poker cardroom operators in the state. The legislation required that online poker operations would have to physically locate their entire operations in the state. Testifying before the state Senate Judiciary committee, Nigel Payne, CEO of Sportingbet and owner of Paradise Poker, pledged to relocate to the state if the bill became law.

The measure, however, was defeated by the State Senate in March 2005 after the U.S. Department of Justice sent a letter to North Dakota attorney general Wayne Stenehjem stating that online gaming "may" be illegal, and that the pending legislation "might" violate the federal Wire Act. However, many legal experts dispute the DOJ's claim.

In response to this and other claims by the DOJ regarding the legality of online poker, many of the major online poker sites stopped advertising their "dot-com" sites in American media. Instead, they created "dot-net" sites that are virtually identical but offer no real money wagering. The sites advertise as poker schools or ways to learn the game for free, and feature words to the effect of "this is not a gambling website."

On October 13, 2006, President Bush officially signed into law the SAFE Port Act, a bill aimed at enhancing security at U.S. ports. Attached to the Safe Port Act was a provision known as the Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA). According to the UIGEA, "unlawful internet gambling" means to place, receive, or otherwise knowingly transmit a bet or wager by means of the internet where such bet is unlawful under any law in the State in which the bet is initiated, received, or otherwise made. Thus, the UIGEA prohibits online gambling sites from performing transactions with American financial institutions. As a result of the bill, several large publicly traded poker gaming sites such as PartyPoker.com, PacificPoker.com and bwin closed down their US facing operations. Some operations have not closed and it is still possible for some American players to play online for real money and even sign up for new accounts. The UIGEA has had a devastating effect on the stock value of these companies.

Following passage of UIGEA, former U.S. Senator Al D'Amato joined the Poker Players Alliance (PPA). Part of the PPA's mission is to protect and to advocate for the right of poker players to play online. Sen. D'Amato's responsibilities include Congressional lobbying. In April 2008 the PPA claimed over 1,000,000 members. The organization claimed just over 800,000 members in October 2007.

Other grassroots organizations, including the Safe and Secure Internet Gambling Initiative, have formed in opposition to UIGEA, to promote the freedom of individuals to gamble online with the proper safeguards to protect consumers and ensure the integrity of financial transactions.

On November 27, 2009, Department of the Treasury Secretary Timothy F. Geithner and Federal Reserve Chairman Ben S. Bernanke announced a six month delay, until June 1, 2010, for required compliance with the Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA). The move blocks regulations to implement the legislation which requires the financial services sector to comply with ambiguous and burdensome rules in an attempt to prevent unlawful Internet gambling transactions.

On July 28, 2010, the House Financial Services Committee passed H.R. 2267 by a vote of 41-22-1. The bill would legalize and regulate online poker in the United States.

In September 2010, the Washington State Supreme Court upheld a law making playing poker online a felony.

On April 15, 2011, in U. S. v. Scheinberg et al. (10 Cr. 336), the Federal Bureau of Investigation temporarily shut down three major poker .com websites of Full Tilt Poker, Poker Stars, and Absolute Poker, and seized several of their bank accounts. A grand jury charged 11 defendants, including the founders of the poker sites, with bank fraud, money laundering, and violating gambling laws. The prosecutors claim the individuals tricked or influenced U.S. banks into receiving profits from online gambling, an act that violated UIGEA. The same day, former Senator D'Amato released a comment on behalf of the PPA. He asserts that, "Online poker is not a crime and should not be treated as such." D'Amato made no comment on the specific charges raised but promised a response once the "full facts become available." He responded in the Washington Post on April 22. The actions by the Department of Justice were also criticized by gaming law experts, including Professor I. Nelson Rose.."

On August 21st 2012, a federal judge in New York ruled that poker is not gambling under federal law because it is primarily a game of skill, not chance. The ruling resulted in the dismissal of a federal criminal indictment against a man convicted of conspiring to operate an illegal underground poker club. The judge relied in his decision largely on findings by a defense expert who analyzed Internet poker games.