Online gambling is a growing industry in the world today. Millions of people gamble every day on various platforms. These websites host a variety of games, such as poker, slots, blackjack, roulette, and sports betting. Some sites only offer one type of gaming, while others offer both. Regardless of the type of game you play, you should always make sure the site you choose is legitimate. You’ll also want to ensure the casino has a licensing certificate. Whether you’re playing poker online or in an offline casino, you should be aware of local laws.
The United States Department of Justice is currently working on a criminal case against an Internet poker operator. The company, K23 Group Financial Services, is accused of running an illegal gambling operation. It is alleged to have violated the federal money laundering law, 18 U.S.C. 1955, as well as the federal Travel Act, which is designed to combat unlawful gambling.
While the legality of online gambling is up for debate, the fact remains that it is illegal in the United States. Section 195362 of the Gambling Act makes it a criminal offense to engage in Internet-based gambling. To define illegal Internet gambling, the statute uses the term “unlawful internet gambling,” which includes placing bets, receiving bets, obtaining information related to bets, and using a device to do so.
According to the CRS Report RS21984 (Abridged), a Congressional Research Service study examining the impact of the Unlawful Internet Gambling Enforcement Act on interstate commerce, the law is aimed at regulating commercial activity. However, it is unclear what the law’s actual effect is. In addition to defining illegal Internet gambling, the report cites numerous state gambling laws. For instance, the state of Washington bans the advertisement of Internet casinos.
Another issue raised is whether the Commerce Clause allows the government to regulate the Internet. Although the Commerce Clause prohibits the federal government from enacting legislation that interferes with commerce, the commercial nature of the gambling business satisfies the Constitution’s guarantee of free speech. Despite this, the federal government’s ability to regulate online gambling has come under attack. This has included attacks based on the First Amendment’s guarantee of free speech.
While many attacks on the Commerce Clause have failed, there have been several successful efforts based on the Due Process Clause. Nevertheless, these arguments have not been able to completely derail the federal government’s effort to prevent online gambling. Fortunately, the United States has a broad range of regulatory options. If the federal government decides to take action against an Internet gambling operation, it will likely seek to curtail its leasing, furnishing, or maintaining facilities.
Ultimately, a case against an Internet gambling business is decided on the specific game played and the type of law the individual is violating. If the player is from a jurisdiction that has banned online gambling, the federal government will not be able to charge the person with a crime. However, if the player is from a jurisdiction that has not prohibited online gambling, the federal government can still prosecute him for violating the state’s gambling laws.
