Posts Tagged ‘Legal’

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VISA and Master Card Blocking Online Poker Site Payments

Playing poker was not difficult to play before but now it seems that it will become a little difficult to play around. Since the arrivals of the Unlawful Internet Gambling Enforcement Act U.S. players have found it increasingly difficult to play poker online.

Now the largest credit card providers in the United States, Visa and Master; both are going to block the transfer of fund to gaming sites. It’s been speculated by the ERG Magazine that the credit card companies have been prompted to act by the outcome of a particular federal case.

Canadian Douglas Rennick has been charged with illegally control around $350 million worth of transfers to and from online gambling sites. His most recent appeal completed just a few weeks ago with the blameworthy result being upheld. By this result both the companies get scared of similar federal punishment, so they have decided to cut off all online gambling companies.

Now the questions arises is that how credit card companies will get to know that players are sending money to a gambling site. There are different types of codes assigned to each of the payments that are given by the credit card companies. And these codes tell them that what type of money service is in use.

Gambling companies can use the code 7995. Companies could use the different codes to get around the card block. But MasterCard claims knew about it and therefore they are coming down even harder on transfers to businesses that they feel may have been miscoding their transactions. 

Most of the online poker sites are accepting eWallet or paypal or MoneyBookers transactions. But everyone’s looking forward if the parliament is able to put a process in place for lawful and in time online gambling in the U.S. And if new bills are not introduced before the deadline, then it will become even harder for the U.S. players to play and participate in the online poker.

Australia May Be Set to Legalize Online Poker

It is mostly seen that online poker scandals are focused in the US. However, down in the Southern Hemisphere, Australian players have been fighting with a law since 2001 where the Interactive Gambling Act made it illegal for companies to offer real money internet gambling in Australia. Australia now echoes the U.S. with the ineffectiveness of their ban. Many online poker and gambling sites continue to provide their services to millions of players with little or no sanction or regulation.

A report by the Australian Productivity Commission (PC) has recommended that online gambling be legalized, regulated, and taxed. Although the report also focuses on the dangers of video poker saying that these machines account for 80% of gambling issues in Australia.

The PC is afraid of Australian citizens being harmed by an unregulated industry. “In its unregulated form, online gaming is available 24 hours a day, allows credit betting, [and] has no intrinsic restrictions on bet size,” the PC claim in their report. “The Australian Government should repeal the Interactive Gambling Act, and in consultation with state and territory governments, should initiate a process for the managed liberalization of online gaming.”

Before the final report the PC will consult the government which is however under no obligation to accept their recommendations. Along with these activities the Canberra Times quotes anti-gambling activist Reverend Tim Costello on online gambling. ”You can lose your home without leaving your home, liberalizing that I think is really worrying.”

The debate over this issue looks set to rage on. Although it is practically certain that new gambling regulations will be brought in to curb Australia’s problem gambling crisis, whether or not online gambling and poker will be included remains to be seen. Certainly, the potential for fully legal online poker in Australia is moving closer to a reality.

Full Tilt Poker Sued Over Bot Use

Full title poker has been handled over a third law suit, with legal action pending on previous two from former pro Clonie Gowen and former employee Jason “JDN” Newitt. This time the site has been sued by a customer rather than a person with inside company knowledge.

Online poker player Lary “pokergirl z” Kennedy and Greg Omotoy a former Full Tilt customer officially filed their complaints on October 1, 2009 accusing Full Tilt poker of fraud, false advertisements, racketeering and slandering.

The legal action was sought by the two after Full Tilt distributed 80,000 amongst more than two players accounts, as the site management believed that Bot were used, which is contrary to the site terms and conditions. Shortly her account was frozen; Kennedy also posted this story on the popular TwoPlusTwo online poker forum to seek expert’s advice.

The complain against Full Tilt alleges that a player known as “The Complainer” on the site accused Kennedy of being a BOT. The complainer known as crazy mike, has the reputation of being Anti BOT crusader and has accused several other players of being bot too.

The law suit is claiming damages as well as accusing the website of a number of crimes related to the inner working of management. The suite is primarily against FullTiltPoker.com, Tiltware and a number of individuals at Full Tilt. Kennedy and Otomy’s claim suggests that Full Tilt has intentionally committed hundreds of illegal and unauthorized gambling transactions that fall under RICO’s definition of racketeering.

Full tilt has yet to issue a response regarding the recent accusations or the one pending involving Newitt and Gowen.

Menendez to Introduce Online Poker Skill Game Bill in Senate Today

It seems like the poker players’ waiting period has finally come to an end with the Sen. will introduction of a bill today in the Senate by the Sen. Robert Mendez (D-NJ), in order to regulate and tax Online Poker and other “games of skill,” according to Dow Jones Newswires. This is in addition to Barney Frank’s (D-MA) Internet Gambling bill HR 2267 in May.

The difference between the two bills is that the Senate bill would regulate only Online Poker and other ‘games of skill’ while Frank’s bill would regulate various forms of online gambling, including online casinos and sports betting as well. Neither of these two bills however are expected to supersede current states laws concerning gambling.

The news of the bill was disclosed during the National Poker Week in July, initially remaining with the Dow Jones Newswires.

In September 2008, Menendez introduced S 3616, in the context of the Internet Skill Game Licensing and Control Act. The bill was making sure it doesn’t fall under the UIGEA but under the US. However this bill was suspended.

The current bill is similar to S 3616. To apply for a license under S 3616, an online poker site would have to disclose complete financial information, outline their corporate structure as well as share the “names of all persons directly or indirectly interested in the business of the applicant and the nature of such interest”.
According to Dow Jones Newswires the bill by Menendez “proposes to establish a regulatory framework to allow online poker operators to register in the U.S. It would put in place consumer protections such as ensuring an individual is logging on from a jurisdiction where gambling is legal, and having accurate age-verification procedures”

“The legislation would require other safeguards protecting against compulsive gambling, fraud and money laundering and ensuring the fairness of games. “A 10% tax would be collected on all deposits made by players to gambling sites, with the proceeds split evenly between the state and federal governments.”
The banking industry requires definitions as to which gaming companies fall under the UIGEA, since the UIGEA is so vague. So they are expected be supporting the bill.

With both the Senate and the House of Representatives working on Internet gambling legislation, the process of overturning the 2006 Unlawful Internet Gambling Enforcement Act (UIGEA) should be successful.

Senate Online Casino Bill to Mirror Barney Frank Measures

The recent Online Casino scandal has created quite a jiff in the gambling world. Rceently it has been discovered that Senator Robert Menendez of New Jersey is preparing a bill to bring online casino regulation to the Senate. Acoording to PPA head John Pappas, This is being done parallel to Barney Frank’s legislation which is slowly working its way through the House.

The Players Alliance executive director John Pappas stated during his speech in Washington as a part of the celebration of National Poker Week, that a Senate companion bill to Barney Frank’s measure to regulate online casinos will be forthcoming. According to Pappas the bill will be introduced by Senator Robert Menendez of New Jersey, but did not commit to a specific time.

Representative Bill Frank has already provided two pieces of legislation which are designed to remove the UIGEA online gambling ban and license and regulate Internet casinos and poker rooms. The PPA on the other haqnd is using the poker celebration to generate solid support for Frank’s efforts.

Frank’s bills were due infront of the committee for discussion after the Fourth of July Congressional recess, however the economic condition delayed the matter of the debate over the online casino proposals till September.

It is said that a new bill by Menendez would help quicken the approval, if the Senate bill can be forwarded more quickly than its House counterpart has. If both bills can reach chamber floors and pass a vote before the winter break, then only reaching compromise on differences in the bills would need to be addressed.

For some reason the anti-gambling groups seem to be taking a delaying strategy, not being sure of the results if a vote were allowed to occur.

The UIGEA ban on payment processing for online gambling is facing severe judicial and political attack as well as the legislative measures. Officials from the European Union have demanded it be dropped, and a court challenge is ongoing before the US Third Circuit Court of Appeals.

US Online Poker Players Are Cautious

The recent action taken by the US attorney officials to ban Internet poker gambling casinos as well as the regulations of the US Unlawful Internet Gambling Enforcement Act seems to be sidelined or either not taken notice of by poker players. However there has been massive media coverage with respect to the issue and it is strange as to how American poker players are not aware of the matter.

A study of players by the online gambling group Betfair discovered that only some 35 percent of players, who were surveyed, are aware of the freeze by the US Attorney office. It was also found that only 42 percent of US players and 31 percent of British players knew of the activities of the New York US Attorney’s office which involved the recent seizure of player’s money from their bank accounts.

Among the 88 percent of those who were aware of situation admitted their concern for their own bank accounts being seized similarly and 76 percent of this statistic as a result shifted to other poker sites.
The findings by Betfair were based on a survey sample of 1000 poker players who were approached early in July 2009.

The respondents who were questioned about the impact of the international financial crisis and resulting recession on their playing activities confirmed that it had had a dampening effect. Among the sample 52 percent of US players and 48 percent of British respondents said that the amount of online poker they had played in 2009 had decreased as opposed to 2008.

According to the survey conducted by Betfair, the poker executive Richard Bloch said:  “This research demonstrates that there are other factors which consumers are taking into account when it comes to choosing their preferred place to play poker online. It’s no use having funds in your account if a government is going to seize them – and consumers are obviously aware of that.”

PPA Poker Petition Over 300,000 Signatures

The Poker Players Alliance petition for the legalization and regulation of online poker has reached 300,000 signatures and its aiming for half-million before the petition is handed to President Barack Obama. The PPA is now just a few days away from the National Poker Week, during which PPA’s State Directors and other seniors will be meeting Congressmen.

This petition is significant because it will be given to the nation’s Commander in Chief. The Executive Director of PPA John Pappas told PocketFives.com, “We are thrilled by the active participation of the poker community. 300,000 voices are hard to ignore, but 500,000 will be even harder. We need every poker player to encourage their friends and family to sign the petition this week so we can get to a half-million signatures to present to President Obama.”

The petition begins with; “I am a voter and a fellow poker player asking for your support of my right to play games of skill like poker on the internet.” The legislation to legalize and regulate the game has been introduced by Congressman Barney Frank and is currently at the House Financial Services Committee. The legislation has 42 co-sponsors and was introduced on May 6th. The bill states that online should not be legalized and this includes online casino games according to Professional and Amateur Sports Protection Act although it allows fantasy sports games.

The petition also mentioned that the legalization of online poker was the top technology issue in the Citizen’s Briefing Book. The Book offered concerned citizens to voice their opinion as to what policies they’d like from the new administration. Al large number of poker players went ahead with this book.

Some of the people participating in a special charity tournament are Montel Williams, Annie Duke, Howard Lederer, and Linda Johnson. This tournament is benefiting the USO of Metropolitan Washington. The PPA will also be making a donation. The poker tournament is free to enter and features $100 rebuys. It is invitation-only and will be held at the Hyatt Regency Capitol Hill.

PocketFives.com will be in Washington DC as an official sponsor, during the fly-in reporting on the latest from the Grand National Poker Week.

Company seeks return of seized poker winnings

Recently the federal government seized $14 million form a payment processing company which deals with accounts of online poker players. Now the company wants the money back along with a judge to help them through. Therefore Account Services Corp. of San Diego made the request in a filing with a federal judge.

A Poker Players Alliance advocate stated that the money is part of the more than $30 million recently frozen by the federal government from payment processors. The poker group informed The Associated Press that it planned to file a motion with the court to participate in the case on the side of Account Services.

According to John Pappas the Poker Group’s executive Director “Any action contesting the government’s seizure of players’ funds will help protect the rights of U.S. Internet poker players, and we will explore every legal avenue to ensure that our members’ voices are heard and their rights are protected,”.

According to Account Services the federal prosecutors seized $13.3 million from an account at a Wells Fargo Bank in California and $1 million from two accounts at a Union Bank in San Diego. The former was said to be done with a warrant but not the latter. They also found a letter as evidence from a U.S attorney stating that he wanted seizure of accounts at Union Bank while a warrant is being prepared, which was issued later for Union Bank by U.S. Magistrate Judge Henry Pitman in New York.

A spokeswoman for the Southern District prosecutors Yusill Scribner, said the office had no comment. The Justice Department has always found Internet gambling as illegal. According to Account Services there was nothing illegal about the online poker transactions and there was no reason to seize the money and this would eventually lead it to and end to the business. Jeff Ifrah, a lawyer representing the Interactive Gaming Council, said that Account Services’ entire business was processing payments for those seized accounts and the funds had been legally for the players on sites such as Pokerstars.

“Poker players have been damaged significantly,” said Ifrah. “Some of the players face civil liability for bounced checks, some have had bank accounts closed.”

A Massachusetts Democrat, Representative Barney Frank, has introduced legislation that would somewhat legalize rather than ban Internet gambling. It is estimated that almost half the $16 billion Internet gambling industry, dominated by overseas sites, is to be fueled by U.S. bettors.

Barney Frank says Online Gambling a Right

Be it online poker or any other form of gambling, it is surely going through a hard time. Not very long ago Online Poker had been criticized for being unlawful, by the government and this had created havoc in the world of online gambling and poker.

Recently at the World Series of Poker event held in Las Vegas, Barney Frank (D-MA) made a special appearance and delivered a hopeful message to over 1,700 poker players. Barney Frank being the Critic of military spending, protector of the environment and legislative leader on behalf of home owners across the United States supported concerned poker fans. Barney Frank is one of online gambling and online pokers supreme advocates in Congress. He has sponsored two bills relating to online gambling, legalization of, and regulating the industry.

Representative Barney Frank positively reinforced poker players all over especially with the recent gambling scandals going on. According to him online poker and online gambling are rights that need to be protected. He also spread his optimism that he will be able to succeed in getting a bill that would legalize and regulate Internet gambling passed by next year.

In the defense of poker fans he says that ‘What you want to do with your own money is your own business.”

The powerful Congress member is bent on fighting against the current ban on online gambling. Two bills sponsored by him namely- HR2266 and HR2267 – aim to legalize online poker and delay UIGEA regulations from taking effect by one year.

HR2266 and HR2267 both are seeing an increase in support and the number of co-sponsors. HR2266 currently has 23 co-sponsors over two months, and is designed to delay compliance with UIGEA regulations for one year. HR2267 deals with the regulating and licensing online poker.

Both pieces of legislation are currently with the House Financial Services Committee, but have not been scheduled for markup as yet. In the overall hopeful message by the representative he added that his bills will pass by next year.

With representatives like Barney Frank who knows when the critics may change their mind and let the online poker league continue at its will.

Online Poker Advocates Claim Seizure of Accounts

In the midst of the internet gambling scandal the government has frozen more than $30 million in payouts affecting thousands of players.

The Poker Players Alliance released a statement on Tuesday claiming that the U.S. attorney for the Southern District of New York instructed four banks to freeze accounts belonging to online payment processors. John Pappas, the group’s executive director, claims the frozen accounts contain funds owed to 27,000 players who used offshore poker Web sites.

According to the Associated Press, in a letter dated Friday and faxed to Alliance Bank of Arizona, the prosecutor alleged that accounts held by payment processor Allied Systems Inc. were subject to apprehension and penalty “because they constitute property involved in money laundering transactions and illegal gambling offenses,”. The letter was seemingly signed by Arlo Devlin-Brown, the assistant U.S. attorney for the Southern District of New York.

The New York Times states that Representatives for Citibank and Wells Fargo confirmed to them that the banks have frozen funds at the request of federal prosecutors. Any comment to Post Investigations was declined by a spokesperson for the Southern District Attorney of New York, mentioning a policy “never to confirm or deny the existence of an investigation.” The Department of Justice also refused to comment.

The sudden freeze is the latest development in the long-running debate over the legal status of online poker in the United States. In April 2009, the operations of PartyGaming Plc were effectively shut down U.S. by the same U.S. attorney’s office. PartyGaming was one of the largest online poker sites in the U.S. before the President Bush signed the Unlawful Internet Gambling Enforcement Act of 2006. The measure forbids online gamblers from using credit cards, checks and electronic fund transfers to place and settle bets.

During the whole battle for gambling online poker advocates have pushed the federal government to license and regulate online gambling, arguing that U.S. players are being lead into unregulated offshore poker sites.