Wire Act, PAASPA 1992

[jdjohn]

How does anyone here justify getting around the Wire Act? It states the following:

"Whoever being engaged in the business of betting or wagering knowingly uses a wire communication facility for the transmission in interstate or foreign commerce of bets or wagers or information assisting in the placing of bets or wagers on any sporting event or contest, or for the transmission of a wire communication which entitles the recipient to receive money or credit as a result of bets or wagers, or for information assisting in the placing of bets or wagers, shall be fined under this title or imprisoned not more than two years, or both."

Do folks here just acknowledge that they are breaking the law, or is there some loophole that allows you to sleep at night? Is it the phrase "in the business of" that supposedly only applies to the bookmakers and not the bettors? I WANT this to work, but I am having a tough time here.

There is also the Professional and Amateur Sports Protection Act of 1992 which basically bans sports betting anywhere in the US except Nevada. Is the assumption that since off-shore books aren't in the US that it's okay, even though you reside and place your bets from within the US?

I am trying to convince myself that it's okay to setup an off-shore account, but this is giving me indigestion. HELP!

Jody

 

[DannyMay]

Just do like George W. Bush and ignore the law.

 

[buddyboy]

yep you guessed right, "engaged in the business"

It's accepting that is illegal not placing.

it is also defined further, keep digging around

 

[jateeluv]

you gotta define wire communication..the internet wasn't intended under this act.

 

[Fishhead]

First off, the WIRE act may not necessarily cover the internet.

Secondly, you are right in assumming that this law was made for the bookies and not the players.

This is why there is current legislation underway to more clearly that it MAY be illegal to bet offshore. The chance of that passing right now I would estimate to be about 25%.

 

[Fishhead]

jd- By the way, welcome to the RX. Hope you hang around awhile. Good luck.

 

[lander]

I have a wireless router, so I'm pretty sure that I'm safe.

 

[buddyboy]

Sec. 1084. - Transmission of wagering information; penalties


(a)

Whoever being engaged in the business of betting or wagering knowingly uses a wire communication facility for the transmission in interstate or foreign commerce of bets or wagers or information assisting in the placing of bets or wagers on any sporting event or contest, or for the transmission of a wire communication which entitles the recipient to receive money or credit as a result of bets or wagers, or for information assisting in the placing of bets or wagers, shall be fined under this title or imprisoned not more than two years, or both.

(b)

Nothing in this section shall be construed to prevent the transmission in interstate or foreign commerce of information for use in news reporting of sporting events or contests, or for the transmission of information assisting in the placing of bets or wagers on a sporting event or contest from a State or foreign country where betting on that sporting event or contest is legal into a State or foreign country in which such betting is legal.

(c)

Nothing contained in this section shall create immunity from criminal prosecution under any laws of any State.

(d)

When any common carrier, subject to the jurisdiction of the Federal Communications Commission, is notified in writing by a Federal, State, or local law enforcement agency, acting within its jurisdiction, that any facility furnished by it is being used or will be used for the purpose of transmitting or receiving gambling information in interstate or foreign commerce in violation of Federal, State or local law, it shall discontinue or refuse, the leasing, furnishing, or maintaining of such facility, after reasonable notice to the subscriber, but no damages, penalty or forfeiture, civil or criminal, shall be found against any common carrier for any act done in compliance with any notice received from a law enforcement agency. Nothing in this section shall be deemed to prejudice the right of any person affected thereby to secure an appropriate determination, as otherwise provided by law, in a Federal court or in a State or local tribunal or agency, that such facility should not be discontinued or removed, or should be restored.

(e)

As used in this section, the term ''State'' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a commonwealth, territory or possession of the United States

Sec. 1081. - Definitions


As used in this chapter:

The term ''gambling ship'' means a vessel used principally for the operation of one or more gambling establishments. Such term does not include a vessel with respect to gambling aboard such vessel beyond the territorial waters of the United States during a covered voyage (as defined in section 4472 of the Internal Revenue Code of 1986 as in effect on January 1, 1994).


The term ''gambling establishment'' means any common gaming or gambling establishment operated for the purpose of gaming or gambling, including accepting, recording, or registering bets, or carrying on a policy game or any other lottery, or playing any game of chance, for money or other thing of value.


The term ''vessel'' includes every kind of water and air craft or other contrivance used or capable of being used as a means of transportation on water, or on water and in the air, as well as any ship, boat, barge, or other water craft or any structure capable of floating on the water.


The term ''American vessel'' means any vessel documented or numbered under the laws of the United States; and includes any vessel which is neither documented or numbered under the laws of the United States nor documented under the laws of any foreign country, if such vessel is owned by, chartered to, or otherwise controlled by one or more citizens or residents of the United States or corporations organized under the laws of the United States or of any State.


The term ''wire communication facility'' means any and all instrumentalities, personnel, and services (among other things, the receipt, forwarding, or delivery of communications) used or useful in the transmission of writings, signs, pictures, and sounds of all kinds by aid of wire, cable, or other like connection between the points of origin and reception of such transmission

 

[TheGeneral+]

<BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Do folks here just acknowledge that they are breaking the law, or is there some loophole that allows you to sleep at night? <HR></BLOCKQUOTE>

I do think that a majority here who do wager do not pay any attention to the laws. The judicial system should not be concerned about us. They should be concerned about serious crimes. No need to ever lose sleep over.

 

[jdjohn]

It would seem that paragraph (b) above immunifies off-shore books in countries where it is legal, but if your state has a specific law prohibiting such, you could still get in trouble. The differences between paragraphs (a) & (b) are confusing and subtle.

I will keep digging.

 

[hanover00]

My advice, don't open an account and don't worry about it. Find another hobby.

 

[FunkSoulBrother]

This is like asking someone how they sleep at night after smoking a joint. Quite well, thank you. Victimless crimes... I refuse to let the State impose guilt on me.

 

[Dante]

Not illegal to place bets YET..especially over the net

BUT they are trying to change that and when they make it official then from that time forth it will be a crime

 

[jdjohn]

hanover, I have enough hobbies already. I want to make money. I will even be glad to pay taxes on it, but I would like it to be legal.

 

[buddyboy]

jdjohn, I think Jay Cohens atty's saw those same differences.

Most laws are written to be interpeted differently by judges on purpose some just turn out that way.

the state of NY uses the differences in those paragraphs to promote Off track betting across state lines. Of course they say it is wrong to go across international borders.

Bottom line (the 1084 wire act) is NO ONE has been convicted for placing or accepting a bet via INTERNET only by TELEPHONE.

 

[drunkguy]

[/QUOTE]Originally posted by jdjohn:
hanover, I have enough hobbies already. I want to make money.

Don't we all...not as easy as it seems though

 

[lakerfan]

<BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR> Not illegal to place bets YET..especially over the net <HR></BLOCKQUOTE>

Tell that to the player in Dakota that was arrested.

 

[oldmantime]

YouBet.com is in the business of accepting wagers over the internet or phone from US citizens and is also located IN THE US.

They will not take wagers from certain states however. I don't have a list of which states, but am sure it's on their website somewhere.

Are they breaking the law.

 

[hanover00]

drunkguy, my point is, if the dude is THIS concerned over the issue, he probably should stay away. he'll sleep better.

 

[Dante]

<BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by hanover00:
drunkguy, my point is, if the dude is THIS concerned over the issue, he probably should stay away. he'll sleep better.<HR></BLOCKQUOTE>


hanover good point, ALSO Jd? not sure if your a big gambler or not but if you do it for hobby (smalltime) then they are not going to worry about you IMO there are more smalltimers then BIG fish..just my 2 cents good luck on what you decide to do