Lavery: ‘Game of Skill’ Argument was Lie Perpetrated by Online Poker Companies

Submitted by Patrick Flanigan on

Written by :

Patrick Flanigan

Published on :

“The ‘game of skill’ argument to support the legality of poker was a lie perpetrated by Online Poker companies to deceive consumers into depositing money on their gambling Internet sites,” said Chicago-based Gambling Law attorney Mark Lavery in an interview with Forbes.com Tuesday.  

Lavery was reacting to a decision by the U.S. Court of Appeals for the Second Circuit’s decision to reverse a ruling by a lower court’s ruling in regard to the case U.S. v. Lawrence DiCristina.

Representative Joe Barton (R-Tex) has cited that case in his efforts to legalize online poker at the federal level.  The argument up to this point has been that poker is a game of skill, not a game of chance, and therefore poker is not gambling.

”I think this decision renders the skill argument a dead letter for loophole gambling like online poker and the so-called emerging ‘Daily Fantasy Sports’ craze,” Lavery said.  “This ruling should not have an Impact on the Internet Poker Freedom Act.  That bill tries to legalize what is illegal gambling in almost all states —  online poker.”

Poker Players Alliance executive director John Pappas responded to the U.S. Court of Appeals for the Second Circuit’s decision almost immediately.  

”Today’s decision by the Second Circuit Court, while unfortunate, only adds to the growing call for federal clarity on the definition of gambling,” Pappas said.  “The Second Circuit clearly did not dispute the district court’s finding that poker is a game of skill. This is a key point distinguishing poker from the types of gambling games that Congress and state legislatures have often tried to prohibit.”

Why Join Americas Cardroom- 100 percent cash bonus up to $1000, the world's first progressive rake race, fastest payouts of any North American facing online poker room bar none, credit cards accepted, new depositor freerole, Bad Beat Jackpot, $100,000 guaranteed tournaments, sports betting available Learn More About Americas Cardroom Here

Why Join Americas Cardroom- 100 percent cash bonus up to $1000, the world's first progressive rake race, fastest payouts of any North American facing online poker room bar none, credit cards accepted, new depositor freerole, Bad Beat Jackpot, $100,000 guaranteed tournaments, sports betting available Learn More About Americas Cardroom Here

- Patrick Flanagan, Gambling911.com

Related Content

Todd Bowles vs. Jim Harbaugh First Head Coach Fired 2026 Odds

Todd Bowles vs. Jim Harbaugh First Head Coach Fired 2026 Odds

Jim Harbaugh entered this week promising a payout of $650 for every $100 bet to be the first NFL head coach fired this season.
Lions vs. Panthers Passing Yards Prop Bets: Jared Goff vs. Bryce Young

Lions vs. Panthers Passing Yards Prop Bets: Jared Goff vs. Bryce Young

Passing yards prop bets are available for Jared Goff vs. Bryce Young. Goff is favored to have the most passing yards at -146 while Young pays a little above even odds.
Lions vs. Panthers Total Rushing Yards Prop Bets: Jahmyr Gibbs, Chuba Hubbard

Lions vs. Panthers Total Rushing Yards Prop Bets: Jahmyr Gibbs, Chuba Hubbard

Jahmyr Gibbs has already topped 300 rushing yards in three games, including two performances right around or above 100, but he's also priced rather high to have the most rushing yards in this game. Chuba Hubbard has the better value.
Lions vs. Panthers Touchdown Scorer Prop Bets: Jahmyr Gibbs, Amon-Ra St. Brown, Chuba Hubbard

Lions vs. Panthers Touchdown Scorer Prop Bets: Jahmyr Gibbs, Amon-Ra St. Brown, Chuba Hubbard

Jahmyr Gibbs, Amon-Ra St. Brown and Chuba Hubbard touchdown scorer prop bets are available for Sunday night's game between the Lions and Panthers.