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Question
I have questions about the legality of online gambling
Submitted: 18 days and 22 hours ago.
Category: Legal
Value: $20
Status: CLOSED
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Optional Information
State/Country relating to Question: Pennsylvania
Posted by
RunTam38 CA lawyer
18 days and 22 hours ago.
Info Request
Hello XXXXXXX and welcome to JustAnswer.
What are your questions about the legality of online gambling?
18 days and 21 hours ago.
Reply
There are several online gambling sites such as bodog, sportsbook, etc Is it legal to place bets through these sites? If so, they also offer affiliate programs where you can refer individuals and receive a referral fee. They also allow an individual to place bets for others through their site utilizing one account. What are the legal issues surrounding this method of securing and placing bets?
18 days and 21 hours ago.
Reply
Hello? Can I secure and place bets through an online gambling site such as sportsbook, utilizing my account; and, making the bets good with the proceeds that are directly sent to my account?
Posted by
RunTam38 CA lawyer
18 days and 21 hours ago.
Answer
Hello again XXXXXXX and thanks for your replies.
The "legality" of online betting in the US is a murky issue for which there is no clearcut answer. See this website for an excellent discussion of the issue:
http://sportsgambling.about.com/od/sportsgambling101/a/betlegal.htm
As noted in that article,
The Unlawful Internet Gambling Enforcement Act of 2006
really addresses only the issue of funding internet gambling and does not actually prohibit it. Sportsbook sites such as Bodog are legal where they are situated (not is the US, obviously, where they would be illegal) and most US authorities consider it illegal for these sites to accept bets from US citizens. It is not at all clear, however, that it is illegal for US citizens to
place
the bets.
As things stand, thousands of Americans have accounts with these internet sportsbook sites (as well as many poker sites) and conduct their gambling or gaming activities without interference from the government. There is virtually no chance that such activity will cause you any legal problem.
Thanks for asking your questions here on JustAnswer. If you have any other questions, please let me know.
18 days and 15 hours ago.
Reply
Since you have come to the conclusion that there would be probably be no legal issues with online gambling, I need to clarify the issue somewhat. Does the fact that I would be actually placing bets for other individuals through the site, including accepting their money, and, when necessary, delivering their winnings, complicate the issue? Considering this activity, would the legal authorities still most definitely not deem this behavior criminal?
Posted by
RunTam38 CA lawyer
18 days and 1 hours ago.
Answer
I'm sorry, I misunderstood your question. I didn't realize you were talking about accepting bets on behalf of third parties.
Essentially, what you are suggesting is that you would act as a bookie and what you are describing would be illegal regardless of where you are laying off the bets (online or with a live bookie, such as in Vegas).
And let me reiterate that it is
not
even "most definitely not ... criminal" to bet on your own behalf online. As I said above, it's an open question (with international law implications), but individuals are not currently being prosecuted for it.
It would be legal for you to accept, place and payoff bets for third parties only if you have a gaming license. In most states, this is not possible at all. In Nevada, for example, gaming licenses are available, but not typically to individuals, only to corporate entities operating casinos.
In Pennsylvania, what you are proposing would be illegal. See this website for a summary of the Pennsylvania gambling laws:
http://www.gambling-law-us.com/State-Laws/Pennsylvania/
Note near the bottom section 5514, which would apply to the activity you have described.
Sorry I can't be more optimistic about this and thanks again for asking your question here on JustAnswer.
17 days and 22 hours ago.
Reply
Thank you for your concise and direct response. Regardless, I know individuals that have been acting as bookies for years without any legal complications. Do you believe that I could operate as, essentially, a "bookie" without any interference? Otherwise, I believe that it would cause too much of a risk professionally - regardless of what the management of the online sites advise, otherwise?
Accepted Answer
It is probably the case that a small operation, perhaps just among friends and certainly without any public advertising, might not be noticed or, even if noticed, might not be bothered. I suspect that this is the case with individuals who are getting away with it now.
The "advice" of online gambling site management is suspect, at best, as they are essentially insulated from any possible liability.
If you have professional responsibilities which would be adversely effected by any problems you might have with this plan it would probably be best to skip it.
Expert:
RunTam38 CA lawyer
Pos. Feedback:
99.4 %
Accepts:
Answered:
11/4/2009
Attorney
California lawyer 33 years, including criminal & business law, PI and general litigation.
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