Poker Is a Skill Game, Rules Federal Judge
A federal court recently ruled that poker is a game of skill, and not of chance alone, giving advocates of online poker legalization in the US a strong moral boost.
Several companies, individuals, and organizations in the US strongly advocate the legalization and regulation of the US online poker industry. Foremost among them are Caesars International Corp, Zynga Inc, and PokerStars, companies that are well aware of the revenue-generating potential of online poker.
Judge Jack Weinstein of the US District Court on Tuesday ruled that the defendant, a New York man who stood accused of running high-stakes poker games in a New York warehouse, is not guilty of illegal gambling. Thus he saved the defendant from a 10-year term in prison. The judge pointed out that, according to a federal law, only roulette and dice games are illegal, but not poker. This is the first time that a federal court judge ruled that poker is a game of skill, not a game of chance. State courts have ruled differently on the issue.
Judge Weinstein’s ruling will not lead to the immediate legalization of online poker in the US although it strongly supports advocates of the same. Industry analysts say that the ruling will definitely weakens laws that the federal government usually uses to control online poker. Last year, the DoJ announced that it has re-interpreted the Wire Act of 1960, according to which betting on casino games and poker games online is no longer considered illegal. However, betting on live sports games is still considered illegal.
A spokesperson for the DoJ said that the law-enforcement agency is making a review of the recent federal court ruling.
According to John Pappas of the Poker Players’ Alliance, the ruling “demonstrates that poker should be treated differently than other forms of gaming.” He also expressed hopes that the verdict would lead to a quick regulation of the industry.
US states have different online poker laws, supported by federal laws such as Illegal Gambling Business Act, which the DoJ had used to sue Absolute Poker, Full Tilt Poker, and PokerStars. As part of a recently finalized deal with the DoJ, PokerStars had stated that it is not guilty of any wrongdoing. Although the cases against PokerStars and Full Tilt Poker have been dropped, the cases against key people associated with these brands still remain valid.
The above-mentioned court case was against Lawrence DiCristina, who was booked for running high-stakes poker games in a warehouse. Although he initially pleaded guilty, he withdrew his plea when his lawyer advised him that they could argue that poker is a game of skill and therefore playing poker is not gambling.
Randal Heeb, a poker expert, testified that poker is a game of skill in court. Admitting that the game definitely requires some luck, he said that poker players can bend the odds in their favor by making the right decisions.
Ultimately, the judge ruled that, although he was convinced that poker is a game of skill, the government can use anti-racketeering laws to curb illegal online poker.
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