..

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

What Time is the 2nd Round of the Hellmuth Negreanu Duel?

What Time is the 2nd Round of the Hellmuth Negreanu Duel?

The “High Stakes Duel" pits pros Daniel Negreanu, the top money earner, against Phil Hellmuth, the record bracelet holder.

Susie Zhao Murder Trial Delayed Again

Susie Zhao Murder Trial Delayed Again

The 33-year-old poker player was bound, sexually assaulted, and burned alive.

Results of Record-Breaking 2021 WPT Seminole Hard Rock Poker Showdown Announced

Results of Record-Breaking 2021 WPT Seminole Hard Rock Poker Showdown Announced

Celebrating its 10-year partnership, Seminole Hard Rock Hotel & Casino Hollywood and World Poker Tour (WPT) announce the results of a record-breaking 2021 Seminole Hard Rock Poker Showdown. There were 2,482 entries in the tournament’s $3,500 WPT NLH Championship producing a prize pool of $7,942,400.

Online Poker Tournament Strategy Guide : 5 Tips to Win Big by Betting Small Stakes

Online Poker Tournament Strategy Guide : 5 Tips to Win Big by Betting Small Stakes

Small stakes online poker is something that can be painstakingly long, and frustrating at times. Yet, despite this, it can still be fantastically fun to play and dedicate your time to. In any gambling game, it can be super difficult to not actually enjoy your time while you play and compete against other players.

BetMGM Launches BetMGM Poker and Borgata Poker in Pennsylvania

BetMGM Launches BetMGM Poker and Borgata Poker in Pennsylvania

BetMGM today announced the launch of BetMGM Poker and Borgata Poker in Pennsylvania, giving customers access to benefits tied to Borgata Hotel, Casino & Spa in Atlantic City as well as other MGM Resorts casino-resorts nationwide.

Syndicate