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County Gambling Seizure Draws Ire of Poker Players

News of the Anne Arundel County Police Department getting more than $470,000 from the seizure of funds from online gambling sites has angered those who gamble online.

 

News last week that the Anne Arundel County Police Department had received more than $470,000 in seized funds from a federal investigation into online gambling has raised the ire of poker players both locally and from around the world.

Odenton Patch reported on June 2 that the county received a portion of funds seized by the U.S. Department of Homeland Security’s Immigration and Customs Enforcement division. ICE collected more than $30 million in transactions between December 2009 and January 2011, after setting up a phony payment processing company. The Anne Arundel County Police Department assisted in the investigation.

The story on the seizure generated more than 120 comments, most from people who opposed the government’s distribution of the money. The story attracted readers from all over the country and as far away as the Netherlands, France and Thailand.

To online gamblers and poker players in particular, the seizure and distribution of the funds was the equivalent of a theft.

“What upset me so much was the seizure of those funds and it not being facilitated to get the funds back to the players,” said Bill Sutton, a restaurant manager from Edgewater, who lost $1,000 when a poker site was shut down by the federal government. 

Sutton’s money was tied up with Full Tilt Poker, a top online poker site that was shut down in a federal action separate from the one involving Anne Arundel County. But he said he was angered that law enforcement officials appeared to have no plans to work with site operators to return funds to players, who were not the target of the investigation.

“I understand it was a big score for them, and it was a lot of work for them to do it,” he said. “The thing that upset me the most was that they are taking funds from players when it has not been deemed illegal.”

The U.S. Attorney’s Office in Baltimore said it had no plans to give money back.

“Illegal gambling proceeds are forfeited to the government,” spokeswoman Vickie E. LeDuc said. “Anyone who believes that an Internet gambling business owes them money can try to collect from the Internet gambling business. The government is not going to give the money to gamblers.”

Legal experts said the distribution of seized money is not unprecedented, but that it’s rare for a local department to hold a press conference and photo op.

“I think this unusual,” said Joe Kelly, a professor of Business Law at SUNY College at Buffalo, and frequent legal consultant on gambling issues. “I’m not saying it hasn’t been done, but this is the first time I’ve seen it done with this type of publicity.”

In April, a federal grand jury in Baltimore indicted two businesses and three defendants with online gambling. Last month, ICE seized 11 bank accounts and shut down 10 domain names tied to gambling sites. It was the latest in what appears to be a nationwide crackdown on online gambling operations.

Tensions in the online poker community have been particularly heightened since the U.S. Department of Justice in April shut down three of the most popular poker sites–Full Tilt Poker, Poker Stars and Absolute Poker–charging the owners with bank fraud, illegal gambling and money laundering. Many players said they were out thousands of dollars, and some claimed they have lost their main source of income.

“I know a lot of people that do play for a living,” Sutton said. “A lot of them are my mentors, and they’ve lost their livelihood.”

Sutton said he once held money on as many as 15 poker sites, but reduced his level of gambling after Congress passed the Unlawful Internet Gambling Enforcement Act (UIGEA) in 2006, which prohibits companies from accepting online gambling payments.

The UIGEA has been used as a main justification for the recent crackdown on gambling sites. But there is still debate between law enforcement agencies and gamblers about what kind of gambling is explicitly legal and illegal under the law.

Federal laws make it illegal to use U.S. financial institutions to process payments from online gambling, and explicitly bans online sports betting. But in the view of many online gambling proponents, poker is a game of skill, not chance, and should not be lumped in with sports betting and other games.

“With poker, you’re not playing against the house, you’re playing against other people,” Sutton said. “Yes, there is some luck involved, but it’s an odds thing. If you play when the odds are in your favorite during a particular hand, you’re going to win more than you lose.”

Sutton said he made his first deposit of $50 at an online poker site five or six years ago and has done well enough that he hasn’t had to dip into personal funds since.

“I’ve been able to purchase some nice things,” he said. “There have been thousands of dollars that I’ve been able to pull out as a fun hobby.”

The treatment of online poker also varies from state to state. In some states, judges have come out at least partially on the side of poker players, and players themselves are rarely targeted by law enforcement agencies. Washington is the only state where playing online poker is explicitly illegal. Maryland, however, is another state where legal rulings are less favorable, legal experts said.

“When you look at everything, it doesn’t look good for poker in Maryland,” Kelly said. “I’d much rather defend poker players in New York, South Carolina or a number of other states than Maryland.”

Charlie Tuna

7:41 am on Friday, June 10, 2011

I've been a bit of a victim in this, but I'm not too upset. I've played on Full Tilt Poker for three years or so and I -- like all those Americans who played for real money there -- knew it was illegal. But I did it anyway, knowing the risks. Well, guess what? the government, as it should, decided to enforce the law. So I and those in the same boat with me appear to be "out" the money we won or spent. In my case I only lost $60; I purposely kept my Full Tilt account balance low just in case something like this happened (or the company turned out to be a bunch of criminals who stole with the money. Those who took a chance by illegally playing online poker for money lost.

That said, officials running the site have announced that they intend to return all funds to U.S. players who had accounts. But that message came several months ago, and there's been no discernable action or progress on actually returning money. The way I look at it, if I get my money, great. If not, oh well. That's what you get for breaking the law. I don't really feel sorry for those players who lost a ton of money by playing illegally.

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Bill

8:27 am on Friday, June 10, 2011

Charlie, what is a bit unclear is whether online poker is illegal at all. In our country, we are free to do what we like unless it is deemed illegal and while the seizures of the sites show the intent to deem poker illegal, it is a grey area. The original wire act making online sports betting illegal was originally used as the backbone, but this isn't sports betting and the UIGEA has not changed the wire act one bit. It only made it illegal for banks to facilitate funds to an illegal online gambling site without defining what an illegal online gambling site is.

Bill

8:23 am on Friday, June 10, 2011

Tim, I wanted to thank you for taking the time to speak with me about this and for writing a followup article. I believe you will find this article will get a lot of activity as well.

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Colby

11:47 am on Friday, June 10, 2011

For me, the fundamental question is whether the government should be able to dictate to me whether I can compete in a skill game (poker) for money. In my opinion, the answer is an emphatic "no!" The fact that this competition takes place over the Internet doesn't change anything, it is merely a reflection that we have entered the 21st century.

And as for the U.S. Attorney's Office in Baltimore--congratulations, guys. At the end of the day you have succeeded in stealing millions of after-tax dollars from American poker players, American sports bettors, and Americans who gamble online on games of chance. I know budgets are tight and this was an easy target, but surely there are more pressing concerns than preventing American from playing poker online?

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Wayne

12:13 pm on Friday, June 10, 2011

After following this for some time I have finally decided I should respond to this seizure of funds.
While I am in full agreement that the funds that belonged to the “online site” should be seized, “IF” they were breaking the laws of our country, but only the funds that belonged to the site. With that said at this time “Online Poker” has not been found to be illegal and the funds that belonged to the players should be returned!! It is hard for me to support a law enforcement department that works in a gray area such as this one, just because they can. Being raised to believe that “When in doubt, do the right thing for all people involved” it would appear that this could have been handled completely different and everyone would have won except the bad gays. Enjoy your BLACK EYE and spend your ill-gotten gains well.

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Esoteric Knowledge

5:52 pm on Friday, June 10, 2011

My opinion,
Online poker isn't illegal. The UIGEA is illegal, the WTO has ruled twice. The DOJ and the FBI says the Wire Act has to do with online poker, it doesn't, they are liars. The U.S. Fifth Circuit Court of Appeals has ruled it does not.

Xenophobia of the internet, hate of young people, litigiousness, 17th century puritan conservative mindsets, and the people who claim to uphold the law are breaking the law--this is what is happening!

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Pokerisnotacrime

6:51 pm on Friday, June 10, 2011

This is a great article Tim. Thank you for taking the time to research both sides. If you are interested in writing future articles on the subject, you may want to look into the WTO and it's rulings on the subject. My guess is most people have no idea what the WTO is, much less what it's funtion in the world is.

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alassnsane

8:24 am on Saturday, June 11, 2011

I agree and second this suggestion...I'd be very interested in more information about the WTO's conclusions about this matter.

Any chance of a follow-up to this follow-up?

Josh

10:47 pm on Friday, June 10, 2011

Well done on the follow up article Tim. This article in concert with your first article has framed the issue from both sides very well.

It's disappointing to see our government go after a great skill game that millions of average and above average American's enjoy doing in their spare time as a hobby or in some cases as a full time job, especially when it is not explicitly illegal. It's also troublesome to hear the gov't. proclaim that online poker is somehow tied to terrorism. They have yet to ever show the public one instance of this being true. Also, if it is, then they are essentially saying that our allies in Europe are supporting terrorism, because the same sites that served us, also serve and continue to serve their citizens with their gov't's approval.

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