Federal Statutes Implicated in Online Gambling
Using the Internet for illegal gambling is a violation of seven federal criminal statutes. While some states have legalized online gambling, others have banned it. In addition, state officials have expressed concern that the Internet could bring illegal gambling into their jurisdictions.
One federal law that has been cited as being relevant to illegal Internet gambling is the Wire Act. This act prohibits illegal gambling on contests and sporting events. It also makes it illegal to accept financial instruments from individuals involved in an illegal Internet bet.
Another statute implicated in illegal Internet gambling is the Illegal Gambling Business Act. This act punishes the operation of casinos and other gaming facilities that are not licensed or registered. The law was recently challenged on constitutional grounds. In the case of United States v. K23 Group Financial Services, the company was charged with violations of 18 U.S.C. 1955. The company was accused of money laundering and failing to comply with the requirements of the Unlawful Internet Gambling Enforcement Act (UIGEA).
Other federal criminal statutes that are implicated by illegal Internet gambling include the Wire Act, the Wire Act, and the Illegal Gambling Business Act. The Travel Act, meanwhile, prevents the interstate provision of services relating to gambling. This law includes a definition of a “state” that includes any territory or possession of the United States. The District of Columbia and the Commonwealth of Puerto Rico are included.
Although the law has not been fully interpreted in these cases, these statutes have raised constitutional questions about the use of the Commerce Clause to legislate for gambling. The question was explored in a recent article in the Loyola of Los Angeles Entertainment Law Journal.
In the United States, gambling includes everything from conducting lotteries to sports betting to maintaining roulette wheels and dice tables. Other activities include bookmaking, pool-selling, and conducting bolita games. These activities are legal in several nations in the Caribbean. However, some European countries have banned or restricted gambling. Fortunately, the United Kingdom has set strict government regulations on online gambling.
Other federal statutes that are implicated in illegal Internet gambling include the Racketeer Influenced and Corrupt Organizations Act, the Federal Wire Act, and the Illegal Gambling Offshore Act. These statutes are often cited in lawsuits. The CRS Report RS21984 has cited the text of these statutes, as well as state laws on gambling. It is important to note that while these statutes are a part of the legal framework for regulating online gambling, they are not enforced.
The United States has been the target of many attacks on its gambling laws. These attempts have failed to gain traction on First Amendment or Commerce Clause grounds. This is despite the fact that the commercial nature of the gambling business may seem to satisfy those doubts.
The United States has a number of gambling licensees, including the Kahnawake Gaming Commission. The commission is responsible for issuing gaming licenses to a large number of online casinos and poker rooms. It also ensures that the operations of these licensed businesses are fair. The commission tries to keep these gambling enterprises in good standing.