CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Thursday, August 23, 2012

"Federal judge rules poker not 'gambling' under federal law"

From Jurist:

A judge for the US District Court for the Eastern District of New York [official website] ruled Tuesday that a poker game operator could not be tried under a federal gambling law essentially because poker is more a game of skill than a game of chance. Judge Jack Weinstein wrote in a 120-page judgment [order, PDF] that the Illegal Gambling Business Act (IGBA) [Cornell LII materials] does not apply to the poker room operated in a warehouse owned by Lawrence Dicristina, from which Dicristina took five percent of each night's pot for covering costs and for his own profit. New York law recognizes poker as a form of gambling [NYT report], but no federal court had ever ruled on the subject.

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I'm pretty sure that The Commission considers poker gambling and will demand their cut, this decision notwithstanding.

Hey NYS great job passing that criminal coddling law that prevents NYS from prosecuting those acquitted in Fed Court--Feds great job ****ing this prosecution up.

Let this guy move his game and all of its upstanding particiapants next door to Weinstein's mansion.

Posted by: Little Joe | Dec 2, 2012 8:53:24 PM

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