..

Defense Attorneys for Man Named in Full Tilt Poker Case Say Poker is not Gambling

Written by:
C Costigan
Published on:
Oct/04/2011

The defense attorneys for a Utah banker and businessman indicted as part of a probe into the online poker firm Full Tilt Poker are trying to convince a federal judge that playing poker on the Web is not a form of gambling. 

Lawyers filed their arguments in a Manhattan federal court on Friday and Monday in hopes of having charges against their clients John Campos and Chad Elie dismissed. 

The Government claims that both men facilitated illegal online gambling transactions for Full Tilt Poker, which is currently shut down.  Transactions were reportedly made to appear as if they were sales of dog food and golf balls. 

Elie’s lawyers cited the Indian Gaming Regulatory Act of 1988, which places poker in the same category as bingo but not games of chances such as baccarat or blackjack.  They further pointed out that players have some control over the outcome of poker games.  Attorneys also noted that online poker companies charge a fee or “rake” in order to provide a venue for the game without actually participating in it. 

"The players compete against each other on a level playing field, using an array of talents and skill to prevail over their opponents," the lawyers wrote.

Court papers filed by lawyers for Campos argued the same point, saying the online poker companies were unfairly accused of engaging in the business of betting or wagering even though they had no stake in the outcome of the card games.

"The distinction between the poker companies in this case and websites that offer casino-style games and sports betting is stark. Online operators of casino-style games like roulette and slots are playing against their own patrons. Likewise, sports betting websites are also on the opposite side of their customers' bets. Those operators make profits from their customers' losses," the lawyers said. "The poker companies did not participate in the games, and had no risk or stake in the outcome of the games. Instead, the companies provided virtual facilities for the games, and collected, in exchange, a fee for each hand played."

- Chris Costigan, Gambling911.com Publisher

Poker News

Poke Pro Gets Customized Plat Flaunting Negreanu Grudge Match Bet Win

Poker Pro Gets Customized Plate Flaunting Negreanu Grudge Match Bet Win

A poker pro credits a big grudge match bet win between his business partner and the mighty Daniel "Kid Poker" Negreanu.

Murder Charge Added Against Man Accused of Setting Poker Pro on Fire

Federal Murder Charge Added Against Man Accused of Setting Poker Pro on Fire

Poker pro Susie Zhao was bound, sexually assaulted, and burned alive following an encounter at a Michigan motel, according to court documents.

Texas Dolly Goes Off on Romney for Impeachment Vote: 'Can't Believe I Supported Him'

Texas Dolly Goes Off on Romney for Impeachment Vote: 'Can't Believe I Supported Him'

87-year-old Doyle Brunson voiced his discontent with Utah Senator Mitt Romney voting to impeach the former US President, Donald Trump.  Some of Brunson's followers believed the poker great was also comparing Trump to Jesus, though that appears to be a misinterpretation of his tweet (we think).

Chris Moneymaker Becomes an Americas Cardroom Team Pro

Chris Moneymaker Becomes an Americas Cardroom Team Pro

Gambling911.com is thrilled to announce that Chris Moneymaker, the first ever world champion after qualifying at an online poker site, has been named the latest Americas Cardoom team pro. 

Shamed Midway Poker Tour Owner Dan Bekavac Resurfaces

Shamed Midway Poker Tour Owner Dan Bekavac Resurfaces

Disgraced Midway Poker Tour owner, Dan Bekavac, resurfaced this past weekend.  He was spotted playing at a live event near Siouz Falls, Iowa. 

Syndicate