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Poker: Imega Loses New Jersey Case

9/2/09  - The Interactive Media Entertainment & Gaming Association has lost it's New Jersey case against the Unlawful Internet Gambling Enforcement Act  in the 3rd U.S. Circuit Court of Appeals in Philadelphia following a ruling by a panel of three judges.
The appeal court upheld the UIGEA, rejecting a challenge from iMEGA that the federal prohibition was too imprecise in its definition of illegal gambling transaction and violated privacy rights. The ruling dashes hopes that a favourable outcome may have brought New Jersey a step closer to legalising online gambling at state level. Pokerstars
The 2006 federal law, which prohibits 'illegal' financial transactions with online gambling companies, was defended vigorously by the US Department of Justice last month. The law does not target the bet itself but criminalises bank or credit card transactions linked to the bet, reported Associated Press in analysing the finding.
In their decision, the judges clarified that the legality of Internet gambling transactions depends on state law where the bettor was located, and the laws where the betting operator was located. The court clarified that the UIGEA did not establish a blanket federal ban on Internet gambling.
"It bears repeating that the Act itself does not make any gambling activity illegal," wrote Judge Dolores Sloviter. "Whether the transaction...constitutes unlawful Internet gambling turns on how the law of the state from which the bettor initiates the bet would treat that bet, i.e. if it is illegal under that state's law, it constitutes 'unlawful Internet gambling' under the Act."
The court also rejected arguments that the law invades a gambler's right to privacy in the home.
iMEGA chairman Joe Brennan Jnr. said that the association was considering a further appeal, but saw some positives in the fact that most US states have not expressly outlawed online gambling.
He pointed out that whilst the federal US Justice Department has been insisting that there is a blanket ban on Internet gambling, the court's view was that the law of the state in which the bet is made is the determinant on whether the bet was illegal or not.
"If you go by that reasoning, if it's not illegal in that state, then it would not be a violation of federal law to process a transaction from a player there," he opined. "The court made it clear - gambling on the Internet is unlawful where state law says so. But there are only a half-dozen states which have laws against Internet gambling, leaving 44 states where it is potentially lawful. It's not perfect, but it's a good start."
By deferring to the law of individual states, the court followed tradition on gambling law in the United States, said Brennan. "States have always held the power to regulate gambling in this country, not the federal government," he said. "The court's ruling seems to say ‘back to the future' when it comes to regulating Internet gambling, so we will turn our attention to the states to make the case that this industry can be properly regulated and produce badly needed tax revenue."

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Gambling News :

Yggdrasil Gaming Expanding - The Swedish online gambling games developer Yggdrasil Gaming is to establish a new parent company and expand its Stockholm office as it bolsters its presence in Sweden with a raft of new hires.

FanDuel and DraftKings Settle With NY Attorney General - Speculation earlier this week that daily fantasy sports market leaders FanDuel and DraftKings were about to agree a settlement on consumer fraud suits prepared by the New York AG was confirmed Tuesday when a $12 million settlement was announced.

Stan james Now Live With EPOS - The company switched to the Optima server less system across its entire estate in July after previously using Optima EPOS technology. The switch was completed early this (October) month and has already delivered noteworthy savings for the company.

Singapore Online Gambling Ban Begins - Singapore media reports indicated Tuesday that restricted online gambling services offered by the Singapore Pools have started online operations, whilst Singapore Turf Club will commence online betting activity on November 15.

Chinese police action against Crown Resorts Widens - In addition to the 18 Crown employees still held after their arrest last week, it now appears that the police questioned 87 Crown punters and junket organizers, detaining 10 of the latter.

Pennsylvania Online Gambling Updates - Pro-online gambling companies, including the Golden Nugget in New Jersey and Pokerstars, were quick to refute Schippers views based on their operational experience.

WSOPE In Czech Republic - World Series of Poker Europe 2017 has moved to King’s Casino Rozvadov (KCR) in the Czech Republic following a multi-year deal that will see KCR host numerous WSOP-branded events over the next several years.

Medialivecasino in Deal With Microgame - #Medialivecasino live dealer games have already gone live with Microgame joining content from other well-known providers NetEnt and Evolution Gaming.

BtoBet Partners with AfroBet - Following the launch in Kenya, Afrobet said it has high hopes for further expansion into East Africa, Tanzania, Uganda and Congo.

Pissed off Tabcorp shareholders - A significant number of Tabcorp shareholders, led by The Australian Shareholders Association, reportedly objected to proposed hikes in executive pay packages and were unhappy with the company plans for a merger with rival gambling group Tatts.

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