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Arizona Gambler Loses Lawsuit Against SportBetting Website

Friday May 23,2014 :  ARIZONA PLAYER LOSES CASE AGAINST ONLINE SPORTS BETTING SITE
 
State resident sued offshore operation for $800,000.
 
If you live in Arizona and gamble online with offshore websites, don't expect legal relief in the event of a dispute...the Arizona Court of Appeals has just thrown out an $800,000 case against a sports betting operator in Costa Rica.
 
On Thursday the court ruled unanimously that the state racketeering laws that plaintiff Jerry Hannosh claimed should protect him from illegal activity do not apply.
 
A report from Capitol Media Services outlines the Hannosh case, revealing that the online punter based his claim on Arizona's version of the Organized Crime, Fraud and Terrorism Act, also known as the RICO statute, which specifically includes the operation of an illegal gambling enterprise.
 
The Act also makes provision for anyone who sustains “reasonably foreseeable injury to his person, business or property” due to illegal racketeering, and allows for the recovery of damages in superior court.
 
The case dates back to 2012 when Hannosh sued David, Zalman and Joseph Segal - the operators of the Costa Rica online sports betting sites, alleging their gambling websites constituted an enterprise engaged in a pattern of unlawful activity and that they were engaged in civil racketeering.
 
The Segals filed a motion to dismiss the complaint for failure to state a claim upon which relief can be granted, arguing that Hannosh had no cognizable injury, could not show proximate cause, and that his allegations inadequately supported liability.
 
The superior court granted the motion and awarded the Segals their attorneys’ fees and costs.
 
The court, however, reconsidered the award of attorneys’ fees, and ultimately found that it would be unjust to award fees to the Segals. The Segals filed an unsuccessful motion asking the court to reconsider its denial of attorneys’ fees, and the two sides then went to the appeal court.
 
Judge Maurice Portley, writing the unanimous court decision, said the state racketeering laws do not apply in the Hannosh case.
 
At the very least, Portley said gambling losses do not constitute the kind of “injury” covered by state racketeering laws, which allow those who have been harmed to recover.
 
“Hannosh got what he bargained for: an opportunity to win,” Judge Portley wrote, noting that Hannosh was aware of the terms, including the fact that the web site would keep 10 percent of any winnings, and that Hannosh did not allege that the odds were manipulated or the gaming was rigged.
 
“Voluntary Internet gambling is a gamble - pick the right team or the spread on the game, you win and make money; pick the wrong team or the spread on the game, you lose and owe money,” the judge wrote.
 
The court found unanimously that Hannosh's argument that “injury” includes losses from an alleged illegal gambling operation was unacceptable.
 
“Gambling losses would not qualify as an injury to a person because gambling without a chance to lose is not a legally protected interest,” the judge wrote. “Because Hannosh voluntarily took the understood risk that he could win and that he could lose, his losses cannot be considered an 'injury to person' recoverable through an Arizona RICO lawsuit.”

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Gambling News :

Interwetten 2016 Earnings Results - Privately-owned online sports betting operator Interwetten delivered robust full year results for the 2016 fiscal period, in which the company has almost achieved doubling its revenues over the past four years, success it attributes to its in-house developed platform

EU Online Gambling Tax Harmoney Dead - Tax expert says European Court of Justice Attorney General's opinion on UK-Gibraltar litigation signals that EU courts are happy for individual member states to impose their own laws on online gambling.

Jack Lam Facing Big Fines in the Philippines - It's going to be costly for Macau online gambling and junket tycoon Jack Lam to return to the Philippines following his rather hurried departure last year with allegations of economic sabotage, bribery and tax evasion swirling around him.

Walter Merricks Term As Gambing Commissioner Extended - The UK Government has extended Walter Merricks’ term as Commissioner of the Gambling Commission for a further year, ending December 31, 2017.

Loot’enKhamun Pays $3.8 Million Jackpot - A London-based construction worker’s year got off to a great start when he hit the Loot’enKhamun jackpot at bwin casino.

PlaySugarHouse To Carry Konami Content - Content provider Konami will provide its Gypsy Fire and Fortune Stacks slot games to Rush Street Interactive-operated PlaySugarHouse.com on an exclusive basis in the New Jersey real-money online and mobile wagering market.

ITF TERMINATES BETWAY SPONSORSHIP DEAL - The International Tennis Federation (ITF) has reportedly terminated Betway’s three-year sponsorship partnership as an extension to their anti-match fixing and sports integrity policy.

GSA To Launch European division - The expansion enables the GSA to better focus on the regional needs of its members outside of North America and underscores its recognition and commitment to growing European membership.

Paddy Power Trading Update - Company prevails despite adverse sports and US election results; Trump success cost the group GBP 5 million, whilst punter successes took another GBP 40 million in Q4-2016.

Tabcorp SunBets project - The details were revealed this week in an IT News article quoting Tabcorp's chief information officer, Kim Wenn, who described the SunBets project as Tabcorp's biggest global venture yet.

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