A US District Judge has granted Costigan Media — the folks behind Gambling911 — their request to unseal seizure warrants and (heavily redacted) court documents related to the seizure of some $34 million that US attorneys allege are ill-gotten gains from illegal online gambling.

This is a semi-significant ruling because while the First Amendment has stood up for such requests in most criminal prosecutions, there is less case law directly addressing matters of civil forfeiture, according to Judge Laura Taylor Swain … but ultimately, yes, when thousands of American citizens are having funds they believe to be theirs seized by the government, yes, the public has a right to know what’s going on.

Click here for 49 pages of freshly released legal documents, not all of which look like this:

The losing side, btw, in this mini case-within-a-case are ultimately the same Manhattan federal prosecutors who followed up these payment processee seizures with an indictment against Douglas Rennick — the Canadian payment processor who faces more than 50 years in prison (cumulative), $1.75 million in fines, and the forfeiture of nearly $566 million on charges of fraud, money laundering, and illegal gambling operations for his doing business with websites such as Full Tilt, PokerStars, Ultimate Bet, and others.

That indictment, of course, may or may not have come coincidentally on the same day Sen. Robert Menendez (D-NJ) introduced a Senate bill that would effectively make all the issues being adjudicated above moot in the future.

Regardless of what’s in play there, I think it’s clear why, indeed online poker related money issues really can’t be handled in the shadows — as much as some federal prosecutors would like such transactions to stay that way.

Is the American Mass Media hurting our helping the online gambling industry? Plus, what is the status of the Barney Frank Bill and its attempt to overturn the UIGEA?

This story seems to have legs. ABC News has a piece — where they lede with a guy who so far is unable to buy into the WSOP main event. I found this story at the top of the Drudge Report … which means everyone in the mainstream media (who doesn’t read Pokerati) is also well aware of the situation. (FWIW, the ABC News story ups the number of banks targeted from four to five.)

Feds Order Banks to Freeze Millions in ‘LEGAL’ Online Poker Winnings…

Even the EU is getting involved again, threatening to take the European Commission’s discrimination claims to the WTO if they can’t reach a settlement with the US to allow their companies to compete without this sort of harassment from the US Feds. In their view, the recent actions in New York’s Southern District Court are merely a continuation of the protectionist policies that began three years ago:

“Internet gambling is a complex and delicate area, and we do not want to dictate how the U.S. should regulate its market. However, the U.S. must respect its WTO obligations,” said E.U. Trade Commissioner Catherine Ashton in a statement.

[...]

“The report comes to the conclusion that these proceedings are legally unjustified as well as discriminatory, because the activities of E.U. companies took place under the cover of U.S. WTO commitments,” the Commission said in a statement.

At a minimum, this guarantees that federal authorities (beyond a lone Assistant US Prosecutor) should be taking a real look at how “American-friendly” online poker sites process the dollars that transact in peer-to-peer poker games taking place on offshore sites before being shipped to American banks.

An appeals court reported lessened the jail sentences of two men convicted of throwing a 700-player shindig. From CP-Europe:

The men had the charges against them reduced from “serious illegal gambling” to “illegal gambling”. The court ruled that because the game being played was Texas hold’em in a tournament format, the players own judgment was more important than the cards being dealt, effectively ruling that the game was one of skill and not luck.

2+2 is speculating that “Clonie Gowan’s suit against Full Tilt dismissed” [sic].

PokerNewsDaily followed suit:

With the majority of the case being dismissed with prejudice and only Tiltware, Bitar and Lederer eligible for any further action, Gowen’s lawsuit appears to be dead at this time.

And then PokerNews reported “Gowen Lawsuit Against Full Tilt Dismissed”.

These hedlines are for the most part inaccurate, and at a minimum misleading. Clonie’s lawsuit is still alive … the courts have simply stripped out some irrelevant defendants while considering motions for expedited discovery, and her team has 30 days to amend their complaints around the still relevant defendants, i.e. Tiltware, Howard Lederer, and Ray Bitar. These recent rulings may be considered setbacks, but it’s not like she has to start from scratch to “refile”.

Read the court documents for yourself:

Gowen Motions Denied
Gowen Hearing Vacated

Now granted, these are a little confusing, so Pokerati has made half-hearted attempts to contact attorneys on both sides of the case, and have received no response from either. We’ve also contacted insiders on both sides of the case, whom literally say the exact same thing: “It’s definitely not over”. To be sure, on both sides, no one’s celebrating nor stomping about wildly screaming “Appeal!” bemoaning these most recent decisions.

In the meantime, to help us understand, Pokerati has brought in an independent, poker-savvy legal expert from a neighboring state to help translate:

More…

I’m still trying to figure out what it all means … who the plaintiffs are, and what they’re seeking. The best I can tell on first skim is that an LA attorney is representing himself, and seeking injunctive relief in an attempt to prevent Californians from gambling across state lines — i.e. James B. Hicks wants the site shut down.

This may or may not be connected to proposed legislation in California to allow players to gamble online within state lines.

Developing, obviously.

Click here to download and read the lawsuit.

UPDATE: Looks like this likely is a nuisance shakedowny kinda case … though personally I’m still suspicious that the proposed California intrastate online gambling bill might have something to do with it. From the Pokerati legal advisory team’s Cali branch:

This is really an attorney driven case under a California law called the “Unfair Competition Law” (UCL) that basically says, in part, that if any party is committing an act that is “unlawful” (i.e., violates a statute), that party can be enjoined from those unlawful acts and…..must pay the plaintiff’s attorneys fees. In other words, there probably is no harm to the plaintiff, but that may be irrelevant. This is really just a vehicle to get some attorneys fees paid.

I feel compelled to explain that I am writing this post on my laptop, on the back patio of Risky’s Bar-B-Q in downtown Fort Worth, Texas, during possibly the most beautiful day that Spring will bring to my beloved city. I smile as I listen to one Australian tourist at the table behind me attempt to explain to his mates the American concept of “All-You-Can-Eat Ribs”.

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Doc Fletcher: “It’s like trainin’ a horse. After a while you don’t have to keep whippin’em. They go where you want to go.”

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Zoom up and out to a poetic blend of southern culture and urban bustle that has made my fair city of Fort Worth a Texas jewel, and the subject of 3.4 million Asian tourist photos. Somewhere a diminutive, fair skinned traveler points out the genitalia of the bovine shaped shrubbery (ala Scissorhands), and covers her mouth to giggle before turning and rushing off in very short, quick steps. And I order another Dos Equis.

A couple of blocks away is the ornate and grandiose Bass Hall. The Hall is big sister to the Maddox Muse Center, which was once slated to host, what was at the time to be, the largest poker tournament in the state of Texas; The Southwest Poker Invitational. Well,… Until the powers that be leaned on us, referencing an obscure liquor license, used for the occasional wedding reception, and shut us down and took tens of thousands of charitable dollars out of play. The call came on Friday; The tournament was scheduled for Sunday. Just like that 325 players and countless deserving beneficiaries of the charitable event were sucked out on at the river. I remember well, because it was my tournament. Go Texas!

More…

First, a link from the San Antonio Express-News showing that our efforts to legalize poker in Texas are taking hold:

Legalized poker rooms in Texas closer to a reality

And in Florida, which is in the midst of its own mini-poker boom after legalizing the game a couple years ago, is continuing to improve the game, pushing forth legislation to raise cash-game limits and allow for bigger buy-in tourneys:

Florida House plan raises poker stakes

What’s particularly interesting about Florida isn’t so much the poker, but the tax-tweaking related to it. And with that, the ussual opposition seems to be taking a different tack:

The House plans to expand poker and lower the tax rate are paired with an effort to shut down blackjack tables at Seminole resorts.

Fellow Republicans in the state Senate, though, have a different vision. To maximize revenues, senators want to authorize full casinos at Seminole resorts, complete with craps and roulette, as well as blackjack at South Florida tracks and bingo-style slots at facilities across the state. The Senate goes even farther than the House, allowing no-limit poker wagering.

Meanwhile, a pretty good summary of gambling-related initiatives in Texas comes from an email sent out by our opposition in the Christian Life Coalition. And the poli-blogger who subscribes acknowledges that while he is plausibly opposed to much that has to do with expanded gambling in the state, he still endorses Jose Menendez’s HB 222:

Of all the various gambling expansion options I’ve seen, allowing for poker seems to me to be the most sensible and least potentially harmful. Plus, as a bridge player who has had the chance to play for money legally, I think poker is a legitimate game of skill and should be treated as such. In fact, poker players in Pennsylvania and South Carolina recently won court rulings that agreed poker is a game of skill. As such, it’s not clear to me that the AG’s opinion would agree with the CLC about the inherent level of chance here. Of course, I Am Not A Lawyer, and Lord only knows what Greg Abbott will do.

Yeah. People are starting to get it. Go Poker!

This week I come to you from Holland! Topics include the European Union, as they prove you don’t have to be an American to be a hypocrite! Plus, Harvard Medical takes a look at online gambling addiction.

A lot’s been going on behind the scenes in Austin regarding HB 222 (as well as a racino slots bill and a general casino bill in Texas) … so hopefully we’ll have much more to say throughout the day and next month. We can’t win legal poker today, but we can lose in the Licensing and Administration committee. Michele Lewis is at the capitol right now getting ready to testify on poker’s behalf. I sent her a little strategic encouragement yesterday:

The fate of Texas’ future is all in your hands, Michele.

You’ll do great. A good freedom-loving, charity fundraising mom like you deserves a place to play at home. Though I am sure Pitts & Co. will prep you appropriately, you might consider playing the woman card, too … just because you have kids to take care of doesn’t mean you shouldn’t have the same opportunities to either make money or engage in a recreational activities that your sisters in Louisiana and Oklahoma have.

P.S. You forgot Erick Lindgren!

I wish she could Twitter in her updates … but Pokerati isn’t quite that sophisticated yet … but we’ll try to keep you updated, and maybe explain a little bit about where things stand before and after today. But regardless … Go Michele! Go Poker! And go Texas!

UPDATE: Michele is not actually in Austin yet … she’s en route. Hearing is at 2 pm central.

There’s a big deal pending with Texas Attorney General Greg Abbott right now, and though his opinion is technically not be legally binding, his decision will set a standard that impacts thousands and thousands of players in Texas … and will affect the state’s ability to raise millions of dollars for charity via poker.

The Kerr County Attorney has asked for an opinion on charity poker galas. He wants to know if hosting a pricey dinner that happens to include an optional poker tournament violates Texas gambling laws if the winners are awarded prizes. Likewise he wants to know if leasing a ballroom or banquet hall for such an event constitutes a “private place” defense.

Click here to read the specific and official pending opinion request.

More…

We wrap up the week in online gambling with our exclusive interview of Nick Jenkins from Betcha.com about his battle with the Washington State Gambling Commission. Plus, breaking poker news from South Carolina and the European Union’s next move!

Game of Skill ruling expected tomorrow … can we get another state to testify? All looks good for poker.

The PPA is there covering the proceedings via Twitter.

UPDATE: The ruling is now in, and the judge states there’s “overwhelming” evidence that poker is a game of skill. However, the five defendants were found guilty of running a gambling house.

First, my apologies to any loyal Pokeratizens who may or may not be run out of business in a fully legal poker environ. You know I respect (most of) your game(s) … the Morning News called asking for my informed opinion, and I shared it with the reporter. It seemed like she was unbiased and getting our points — raids+robberies+I-35=bad — but you never know with real journos … there’s always a few quotes that can be taken out of context and/or used against you if they have an agenda. But I decided to take the risk … and I think I’m happy with the results.

For those who don’t know what I’m talking about … click here to read the story about efforts to legalize poker in Texas that appeared on the front page of today’s (Sunday) DMN.

Be sure to read the comments, too … 35 of them so far. They are overall very encouraging, particularly because much of the support seems to come from people who care more about proper Texas governance than they do poker. (It certainly doesn’t appear that any representatives will lose any votes over supporting this issue.)

And, of course, if you haven’t sent your email to Joe Straus et al. yet … well you suck here’s the link:

Support legal poker in Texas.

One of the powerful and important people we’re hoping will support a pending bill that establishes a framework for legal poker in Texas is new House speaker Joe Straus (R-San Antonio), who describes himself as a “pass-the-budget-and-go-home conservative”. Sweet, then he should get it: with HB 222, the state increases its revenue while protecting citizens (and their personal freedoms); without it, state and local authorities have to spend lots of resources to ineffectively shut down poker while seeing more and more money shipped to Oklahoma and an increase in violent crime in otherwise peaceful Texas neighborhoods.

Evan Smith interviewed Straus the other day on Texas Monthly Talks. Specifically the new Speaker discusses his views on gambling-related issues (and his family’s long-time involvement with the horse racing biz) at 20:00:

Don’t tell anyone, but psychologically speaking, we want Straus, through the course of the session, to make a subconscious positive connection when he thinks about HB 222 … remembering fondly a flood of intelligent, warm-hearted, well-crafted emails from from frazzled poker degenerates who just wanna play a friggin’ game!!! concerned poker citizens who are proud to do whatever they can in pursuit of a better Texas.

Email to Joe Straus et al. expressing your support for legal poker in Texas.

I’ve improved the link, btw, so you only have to click once … type a brief message … and then click send. Two clicks for poker! Customize it to your liking — give’em your name and city — and yo, Texans (and non-Texans interested in playing poker in Texas) … conditions are good for this bill, and we know we are on the right side of the law-to-be. But if we can’t show that we’re serious about it, the number of representatives willing to vote for us won’t matter … because, frankly, we won’t ever get that far without this first step. Need some talking points? Here ya go:

* Poker is a game of skill
* It is being played every day for real money in Texas
* Tens of millions of dollars are passing hands unregulated
* Live poker games are increasingly a safety issue
* Poker could bring in millions of dollars in State revenue, and many more millions in economic impact

Pete Campana, esq.

We clearly have our first finalist for Best Poker Lawyers ‘09: Pete Campana of Williamsport, PA, successfully defended two clients caught up in an undercover police investigation into a $1/$2 NL game held in a garage (a dealer and a garage operator) on the grounds that they couldn’t have been engaged in any sort of gambling under Pennsylvania law — because poker is a game of skill.

Click here to read the complete ruling. (via PPA-premium.)

But in a nutshell, what Campana convinced successfully convinced the courts:

Commonwealth and Defendant both agree the controlling issue is whether Texas Hold’em poker is “unlawful gambling” under the Crimes Code.

… the controlling sub-issue is whether Texas Hold’em is a game of skill or chance, or, if both, does skill trump chance or vice-versa. Simply, if chance predominates, Texas Hold’em is gambling. If skill predominated, it is not gambling.

… Pennsylvania courts have not specifically addressed the issue … Our courts have found that poker is gambling within the context of the Liquor Code.

… With the advent of internet poker and tournament poker has come a spate of very intrusive law review analyses of gambling law and poker.

… Using the predominance test, in conjunction with analyzing skill versus chance using the four prong dominant factor test, it is apparent that skill predominates over chance in Texas Hold’em poker.

… Skill comes with varying degrees of competence, but that is the case with any competition involving skill.

The academic studies and experts generally agree that a player must be skillful to be successful at poker. At the outset, chance is equally distributed among the players. But the outcome is eventually determined by skill. Successful players must possess intellectual and psychological skills. They must know the rules and the mathematical odds. The must know how to read their opponents “tells” and styles. They must know when to hold and fold and raise. They must know how to manage their money.

This court finds that Texas Hold’em poker is a game where skill predominates over chance. Thus, it is not “unlawful gambling” under the Pennsylvania Crimes Code.

Poker is having its day in court, that’s for sure. One case getting press all over South Carolina comes from a busted $20 tourney being held in a private home — raided in 2006 by heavily armed police — where 5 of the 25 arrested have refused generous plea bargains and are trying to persuade a presumably non-poker jury that poker Texas Hold’em is indeed a game of skill. A judge has ruled that the defendants do indeed have the right to present witnesses and evidence to make to support this claim. A court date is expected to be set for later this winter.

More here (Charleston.net) and here (Up for Poker).

This is exactly how California became California, poker-wise — it took arguments about skill in the courts to pave the way for all the great poker there. I don’t know the details of the cases, but Mike Caro was one of the guys who testified, bringing charts and graphs to show statistics of specific games — hold’em, Stud, and 5-card Draw, I believe.

Meanwhile, also going on last week and drawing lots of non-poker attention (Lexington Herald-Leader, Business Week, Physorg.com) … a Kentucky Court of Appeals will attempt to begin to start to decide: Does a single US state have the right to venture across its own borders to seize internet domains of businesses based in Costa Rica and run out of a protected Indian nation in Canada … and who will get to hold onto these domains while the courts figure it all out. The court will supposedly be making its decision in January, and judicial facial tells suggest poker is leading in this court 2-1.

You know, the evidence thing has me thinking … one of the hardest things for Kentucky to prove in their case will be that online gambling does actually hurt regulated Kentucky gambling interests. You don’t have to look much further than the WSOP to present actual numbers refuting this claim. So what evidence will Gov. Beshear and the state be able to present — they have the burden of proof, after all — that suggests the opposite? I don’t think it exists, at least nothing stronger than what the poker side could present.

I recently discovered some new tricks on YouTube, so … In what is sure to be as critically acclaimed as Lucky You, here’s a glimpse of the American political system in action, as seen at a semi-private PPA get-together on Day 1B of the 2008 WSOP main event (July 4th) … where a poker activist braintrust confabbed down the hall, in the Palazzo Suites, about Beltway procedure and parliamentary strategy moving forward:

(click twice for bigger)

A moving and dramatic civics lesson, to be sure. Starring Al D’Amato, Howard Lederer, and Annie Duke. Special appearances by Phil Hellmuth and Jeffrey Pollack as The Commish.

From APCW.org:

So, last week 60 Minutes decides to “expose” our industry with half-truths and spin. This week, it’s our turn to expose them! Also, get a different insite on the Kentucky domain seizure case. Plus an update on the Gambling Wages Challenge!

A few people have asked me WTF I’m talking about saying that November 2008 will go down as an historical month where everything changes/d. To spell it out, you have:

The November Nine — historic simply as it pertains to the conclusion of a single not-so-little tournament that seems to be the barometer for all things related to the poker industry.

Midnight Rule-push for UIGEA Regs — we’re just one of 100 single-issues affected by the Bush administration’s attempts to party it up like frat boys and trash the joint before checking out … but regardless, it means we have a whole bunch of additional clean-up to do.

60 Minutes/Washington Post Exposés — whether it’s determined to be fair-and-balanced good-for-poker coverage or a damning hatchet job hacked with a double-edged blade of lies … the Thanksgiving weekend stories represent the official exposure of the online poker biz, hairy warts and all, to the non-poker world.

Clonie Gowen vs. Full Tilt Lawsuit — a loyal soldier turns on her poker-biz commanders, with attempts to air grievances in American court threatening to bring the multibillion-dollar operations of a super-private jurisdictionally challenged business into the public domain. While FTP reps actively petition the Feds to let them open these books but only if they can pay extra taxes, the former Full Tilt covergirl arms herself with a taser gun and takes aiming at a Red Pro.

Formation of Cereus — the two most scandal-ridden online poker sites officially join forces to create a recovering cheater supersite, flooding their own tables with “refund” money to keep the action moving.

Plug Pulled on PokerBlog.com — hardly the biggest deal in the bigger picture … but PartyPoker’s apologetic canning of Dr. Tim represents a new fiscal reality facing even the most legitimate of online poker sites and their workers.

Introduction of HB 222 in Texas — Take 2 on trying to bring the game that had everything to do with the creation of an $18 billion industry (subject to all the hubbub above) back home where it belongs.

All this, of course, is going on in the midst of a major lawsuit related to internet authority in Kentucky — where unprecedented government action has shaken up/down the online poker industry, forcing noticeable shifts in business ops and resource allocation. Clearly:

Nice statement from the Poker Players Alliance just came across the transom. We’ll see if it leads to more coverage of our issue in the non-poker political press. Regardless, I think historically November ‘08 will be seen as a period where everything changed for the industry (for better or worse is yet to be determined) … probably the most significant period since Sep/Oct ‘06.

Statement by PPA Chairman D’Amato on “60 Minutes” and Washington Post Coverage of the Absolute Poker and Ultimate Bet Cheating Scandals

Washington, D.C. – “The recent cheating scandals underscore the need for U.S. licensing and regulation of online poker to help protect consumers. While even the most highly regulated industries are susceptible to fraud and abuse, regulation does provide assurances that when consumers are harmed they have recourse, and that the offenders will be sanctioned. The continued pursuit of poker prohibition, on the other hand, will only drive this industry underground. As the Washington Post pointed out, prohibition represents a widening disconnect between 21st-century technology and 20th-century laws.

More…

From APCW.org:

Happy Thanksgiving to everyone, except for the crew of the 60 Minutes television show. They plan to air a story of lies about our industry this Sunday, and we’ve got a preview of the piece. Plus we discuss what’s been going on over the past 30 days, and what to look for over the next 30 days.

For those of you who love parsing legal documents, and perhaps want a little one-sided insight into the inner workings of Full Tilt, here is the official 20-page lawsuit filed by Clonie Gowen against her former partners? employer? friends? online poker site cronies:

Gowen v Tiltware.pdf

I’m still thinking settlement … but maybe not, as Howard Lederer has responded publicly (odd that any attorney would encourage this) saying, basically, bring it on, let’s open it up … we’re all-in, ho-bitch!

UPDATE: The below from “HowardLederer” has turned out to be a hoax post. My apologies for briefly forgetting that blogs came about in part to filter through all the crap on forums, so you don’t have to waste your time. But the Negreanu stuff after the jump is really him.

From 2+2:

Originally Posted by HowardLederer
I have personally given Clonie over 600K in cash over the last three years alone. I wonder if she has paid he taxes on this money? I never once offered her 1 percent of anything. For her to say otherwise is disingenuous and is really sad.

Team Full Tilt has decided to take this case all the way. There will be no settlement. This will just give us more publicity, and when online poker is no longer public enemy number one in a few months, it will make our brand that much stronger.

Clonie, I am really disapponted in you. What you really need is a good tax attorney for the 600K that you never reported.

Regards,
Howard

OK, hmm. Intriguing. I have a feeling that Howard “never once offered her 1 percent” might hold up as technically true. But I’m not so sure how the “tattletale strategy” will work in the legal system. But can’t wait to find out! The OJ Trial of Poker: Juicy!

And even though he has nothing to do with Full Tilt, Daniel Negreanu offers up his $.02 on Full Contact Poker — letting people know essentially that Clonie should be ostracized from the poker community. He also claims there’s “no freaking way” that she is a 1 percent owner, making him the first non-Team Full Tilt member to make an assertion with absolute certainty on the mysterious ownership nature of the biggest competitor to the site he works for.

More…

Right now, the Supreme Court is (re)considering connotations of the F-word when mentioned in passing on TV. That seems particularly interesting — at least in terms of the perspective it provides — as I’m reading what Bill Poser has to say about the Kentucky domain seizure cases. Poser is a linguistics expert who contends that Gov. Steve Beshear’s claims have no teeth, because of a linguistics problem treating a domain name like a “gambling device” … which he contends simply holds no legal water.

In addition, this non-poker blogger says the case has problems because:

* Many people like internet gambling.
* Many people think that it is none of the State’s business.
* The State’s action is not the result of a consistent anti-gambling policy but is pure rent-seeking. Kentucky is a gambling-friendly state. It is just trying to reduce the competition.
* Quite a few of the domain names are not in fact associated with internet gambling sites.
* The court’s ex parte order violates due process.
* The court does not have jurisdiction over either the businesses or the domain name registrars.
* The court’s action violates the Commerce Clause of the Constitution.

For those of you who care about the outcome of this case — and really, we all should, regardless of how we feel about poker, because it potentially impacts anyone who uses the F-ing internet — check out the rest of what he has to say.

One of the patches on Dennis Phillips’ shirt (and the shirts of all his fans) — ThePokerLawyer.com.

TPL is actually The Schindler Firm, out of St. Louis … Josh Schindler being the main dude … he got that space via Dennis Phillips’ eBay auction, making a $19,350 donation to the National Multiple Sclerosis Society in exchange for the space.

Schindler practices many areas of litigation, including some specialty in gaming law. We’ll have to add him to the list.

Meanwhile, a fourth spade just showed up on the turn … the crowd gasped (followed by shushes) … Ylon Schwartz pushed all-in, and Scott Montgomery folded.

Big Chris the Commenter went to trial yesterday for his presence in the Aces bust in Dallas (June 2006), and he’s requesting an attorney recommendation.

I’ve gone ahead and passed on the name and number of Brady Wyatt, in Dallas, mostly because my fellow high school alum is the one accomplished poker attorney — president-elect of the Dallas Criminal Defense Lawyers Association, and undefeated in the Jackie’s cases he represented — who’s contact info I had handy. (Brady also played a little nickle-dime-quarter mixed games with me back in the late ’80s/early ’90s.)

I know there are others though, some with even much more experience handling poker cases in Dallas and elsewhere around the country. I figure we might as well start compiling a list … so if you have any poker attorneys to recommend, or if you are one actively taking on poker cases, please let us know here.

UPDATE: The PPA has a litigation support network for its members.

Lee Rousso has handled some of the bigger poker cases out there, most recently online issues in Washington state. We’ll add him to the list.

Affected by the IP ban:

Illinois
Indiana
Louisiana
Michigan
New Jersey
New York
Nevada
Oregon
South Dakota
Utah
Wisconsin
Washington
Kentucky

Not sure how Nevada’s being included in this affects Doyle Brunson’s ability to play on his own site.

Back from Barcelona and feelin’ feisty, we revisit the stupid stunts of the Governor of Kentucky in a not- so-respectful way. But don’t forget there’s other news, too… including updates on Barney Frank’s PSPA Bill which was passed a few weeks ago. Also, the status of the continuing iMEGA court case. Lastly, a brief musical look back at the CAP Convention… this show is a real “hoot”! LOL!

The US Senate is hard at work … as we speak/type/read, they’re fixin’ to vote on their version of the Bush-Obama-McCain-endorsed $700 billion Wall Street bailout bill (currently at 450 pages) … hope that works out the way it should.

Meanwhile, Sen. Robert Menendez (D-NJ) has introduced S. 3616, the Internet Skill Game Licensing and Control Act. Hmm, interesting timing … and more good work from the PPA (and good poker citizens) to make this happen. Poker big-wigs were told of a Senate bill in the making during Alfonse D’Amato’s visit to the WSOP this summer … so this wasn’t any hastily concocted measure.

Major provisions of this bill:

• Thorough vetting of potential licensees;
• Mandatory implementation of technologies to protect against underage gambling and to monitor and detect individuals with excessive gaming habits;
• High standards to thwart fraud and abuse of customers;
• Regulation to prevent money laundering; and,
• Processes to prevent tax avoidance.

Kinda fascinating to see the (potential) future of online poker (potentially) taking shape, no? It’s taken nine bills to get to this point. Combine this one with the recent bipartisan pushing of HR 6870 from the House Financial Services Committee to the House floor — requiring clarification of the vague definition of “unlawful Internet gambling” contained in the 2006 Unlawful Internet Gambling Enforcement Act after industry officials and regulators, including the Federal Reserve and Department of Treasury, testified to the UIGEA’s unworkable nature and the burden it places on the already troubled banking industry — and, well, you do the math.

The nation may or may not be on the verge of economic crumble, but as far as poker’s concerned, I think we’re looking at positive EV.

More from the PPA and the actual text of the S. 3616 here.

This just in … the case got a continuance, allowing all sides to do a little more research. In the meantime, Howard Lederer and friends get to legally keep control of FullTiltPoker.com. Likewise for other sites.

The internet is temporarily safe.

Wow friggin’ wow … sorry, trying to reign in the visceral reaction, but that’s all I can say the more I learn about what’s going on in Kentucky, and Gov. Steve Beshear’s intent on taking unprecedented legal action against online poker (and other online gambling) companies. Don’t think he’s serious — that this is an effort on which he’s willing to stake his political career? The state is already claiming to have seized legal control over FullTiltPoker.com and 140 other sites … and we all remember what happened to Bodog.com the last time American courts got into it with ICANN over issues of not-so-eminent domain.

Have a listen to Beshear’s declaration of war against an industry near and dear to so many of our hearts, and decide for yourself if you think he’s bluffing:

Steve Beshear vs. Online Poker (right-click to save/download)
Kentucky governor on the need for hostile domain takeover
Sep 22, 2008

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(5 min 29 sec)

Prediction: If this case makes it into court in any non-frivolous way, it will end up in the Supreme Court. With or without online poker as a defendant, Kentucky is challenging what government can and can’t do in terms of policing/taxing the internet, issues of states rights vs. federal law, and matters of international treaty and internet jurisdiction to boot.

More…

The 100th episode of Perspectives Weekly looks at the passage of the Barney Frank Bill this week, and what that means to online gambling. Plus helping hurricane victims, Bodog rumors, and other industry news …

APCW.org

Barney Frank (image: PokerOnAMac.com)

We’ve all learned, through poker, quite a bit about the American legislative process … not just how cutthroat and pernicious it can be, but also about the long road of baby steps it takes for a (good) special interest — like poker — to get the theoretical majority of a state or nation to see things our way.

Not to over-celebrate a bill’s passing through committee (especially when it was originally expected to pass through that gate in June), but concerned poker citizens and the Poker Players Alliance deserve some big kudos for the progress, as the squeaky wheels are finally being heard, for better or for worse:

House Financial Services Committee Chairman Barney Frank (D-Mass.) is once again bringing up a bill this Tuesday to overturn the Unlawful Internet Gambling Enforcement Act (UIGEA). That makes eight bills that seek to dismantle the UIGEA, and countless hearings. No other issue, except perhaps the war, has garnered so much attention from the Democratic leadership. To find the reason for this sudden regret over the bipartisan bill Congress enacted, one simply needs to “follow the money.”

And that comes from people opposed to any poker measures — the United Conservatives of Virginia. Of course they know not what of they speak — that the UIGEA was not a bipartisan bill, but a skillful display of Republican dirty tricks. (There’s video evidence to prove this, too, so I can’t imagine the Go-UIGEA side really wanting to bring this up.)

And lest we think HR 6870, the Payment Systems Protection Act, isn’t bipartisan — it’s certainly Dem-friendly — there are plenty of Republicans out there who are getting tired of Focus on the Family politics … and in part because of them, now efforts to undo the UIGEA are being embraced by those who understand this entire area of legislation — money and the internet — is about way more than just poker …

From DCRepublican:

Very rarely will I say this, but I have to give Chairman Frank a great deal of credit for fighting this battle. In my opinion, the UIGEA is a piece of legislation that should have never been passed in the first place. But courtesy of a very Grasslean maneuver by Bill Frist, who inserted the bill in the dead of night just before recess packaging it as part of the SAFE Port Act, Congress now finds itself with an extremely important bill that nobody seems to understand (sound like Grassley and the Housing Bill?).

Dick Armey

Perhaps the best thing to come out of this expansion of discourse … two non-poker groups are now on board, encouraging their members to petition Congress for this bill’s passage. One such .org is FreedomWorks, led by Former House Majority Leader Dick Armey (R-TX). He sees the UIGEA as an infringement on internet freedom and privacy, and HR 6870 as the way to right the course.

NetFreedomForever (apparently bankrolled by FreedomWorks) also deserves credit for helping convert some of the previous naysayers on HR 5767 into yaysayers on the compromise bill, HR 6870.

I can only suspect that congresspeople, upon hearing support from non-poker people, began to really think about what we’ve been saying all along. And in the eyes of the non-poker people, this issue is time-critical … because if we don’t pass it now — like in the next 10 days — then Congress will go into recess and before returning to session next year, the enforcement provisions of the UIGEA will actually be put into effect, further mucking up all sorts of online payment systems … not just poker.

Just found this vid. There seems to be some sympathy for the fire dept., which has no desire to turn over their remaining $32k in poker gains to the cops — they’ve got an engine to pay for, after all!

I gotta think they’re gonna win their battle … because if they do have to turn it over and then for some reason something burns down that shouldn’t … well there would be hell to pay, you can be sure. We’ll see if I’m right. At a minimum, the poker case(s) against proprietors of the Seward VFD game seem to be the ones bringing the concept of poker revenues paying for civil services to light:

Was just going through some old, buried emails, and I came across one dated May 13, 2008, that I sent myself to remind me of all the good, unique-content posts I had building up that needed to get written before the WSOP. Obviously most of them didn’t make it … and while the time of relevance has passed for some, others still might make for good reads, and maybe someday I’ll have lots of free time and get around to crafting/completing thoughtful narratives. As for the rest, I figure their patent-time has expired, so here they are for anyone else to run with if you’re looking for fresh stories to explore. As for now, I really just wanna be able to delete the email.

[Note: Links and strikethroughs are contemporary add-ons, not part of the original email.]

• What’s Going on with the Poker Bowl?
• Will the WPT see 2009?
• Is High Stakes Poker in Trouble? (They haven’t filmed yet this year)
• My time at the table with a colluder-turned-killer (now in jail)
• Rock, Paper, Kenna: Roshambo with Kenna James
• Tiffany Michelle’s Inner Stripper
• Poker Politics out the Ying Yang
• Dance AJ Dance! (AJ Benza on Celebrity Fit Club)
• Chris Ferguson’s Tip for the Heads-Up Championship
• The Arizona Judge challenging the system with a legally questionable card room
• World Series of Beer Pong
• All sorts of readers writing in with questions about poker lawyers
• Multiple restaurant reviews
• Various social party things attached to playing poker afterwards
• Skill-based slot machines
• Etiquette: Why It’s Bad to Slowroll
• How My Friend Created a Law in Texas that Challenged the Amateur Tournament i created (Lodge tourney becomes $0+5 with state taking the rake – I call my friend out for doing sloppy work, and the courts agree by declaring his law unconstitutional)
• Pauly vs. Pauly (dumb kid’s comic strip “Poker Pauly)

Yeow, if someone actually wrote about all that stuff, it would probably make for a pretty good blog, no?

From the LVRJ (via HoldemRadio):

“Let me get back to you on it,” he said. “I haven’t thought about the issue.”

He did say he had concerns about Internet gaming originating in foreign countries. Of course, this happens because of U.S. policy and restrictions, but never mind.

McCain also spoke about oversight and making sure the kiddies don’t have access.

“I’ll call you back,” he added.

Just a reminder … big Congressional committee vote this week in Washington DC. If you haven’t already, express your support for HR 5767 by sending your representative a pre-templated PPA email.

Especially if your congressperson is on the House Financial Services Committee. (Damn, they’ve really got a lot on their plate. Scroll down and you’ll get a sense of what a big step getting this bill to a vote really will be.)

Click below for a complete list of the pols who really matter to poker at this moment:

More…

Poker Players Alliance Executive Director John Pappas did another one of his WSOP fly-ins for a couple days — manning the hallway booth and meeting with pros — but much of his time was spent away from the Amazon and in his room at the Rio, on the phone/computer/Blackberry with Rep. Barney Frank (D-MA) et al. about HR 5767 — which is scheduled to be voted on in committee Wednesday or Thursday. While getting this bill on the agenda brings the notion of pre-UIGEA poker one step closer to reality, the measure also faces the threat of being voted down and derailed ’til next year or never.

It’s supposedly an all-in push that should hold up … and if HR 5767 — co-sponsored by Rep. Ron Paul (R-TX) and 17 19 others — passes muster in House Financial Services, of which Frank is the chair, then it moves to the floor of Congress for a vote — preferably having shown strong bipartisan support in committee.

So what does this mean for you, the non-political poker types who are fine-and-dandy with playing unofficial WSOP satellites on Full Tilt and PokerStars? More fish, basically … and poker industry people would in some way or another have a say in what may or may not constitute Unlawful Internet Gambling that the Treasury Dept. could look into/stop. (You know, like online site owners who peek at hole cards … that should be unlawful, right?)

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Oops, while rambling on in the previous post, i forgot to share with you the email Alfonse D’Amato sent out today that made me start writing it. He makes some good points while, of course, also trying to give away a seat to the WSOP. My one question for the for-sale figurehead retired senator is: When are you going to start blogging Why age 25? That seems weird.

Dear Dan,

On behalf of the Poker Players Alliance, thank you for being part of our landmark drive to sign up more than one million members nationwide. Speaking with one voice on behalf of the great game, we have become one of the leading grassroots advocacy organizations in the country.

We have expanded our reach coast-to-coast, opened offices in our nation’s capital, and we are fighting each and every day to preserve your ability to play the great game of poker. Politicians are hearing our message – that Poker Is Not a Crime.

Today, I am excited to announce that the PPA is ready to reward you for your participation. We are launching PPA Online, a new and improved Web site, and a brand new membership package of valuable benefits.

More…

Not super-related to poker … but as Houston poker-raid cases make their way through the notably harsh Harris County court system, I couldn’t help but think about how in Texas, playing underground poker is basically the same crime as decapitating a corpse and smoking pot out of the skull, which some kids not playing poker did there recently. [via Iggy]

In this episode:

Jon Kyl is Facing Reality!
It’s Lonely at the top of Morality Mountain…
There are still no regulations for UIGEA… Banks don’t want to police UIGEA… and others in Congress want to overturn UIGEA… I guess it’s time to face facts, Jon.

Chuck E Cheese is Facing Prison?
Pizza Selling Rat also promotes illegal gambling…
The great legal minds of South Carolina have concluded that the Skee ball and Whac-a-Mole games at Chuck E Cheese are a slippery slop to illegal gambling… and they must go!

News from both sides of the Atlantic
Lottery to Tennis… Texas to France…
In Texas, lottery officials are warning consumers about buying tickets online… and with good reason! And out of France, a judge has returned a ruling in the French Open vs Online Gambling case.

In this week’s episode:

What are the SSIGI and HR 5767?
It’s Bob Goodlatte’s Worst Nightmare…
Barney Frank and Ron Paul have introduced HR 5767 to target the financial powers of the UIGEA, and they are receiving the backing of several prominent groups including the SSIGI… or the Safe and Secure Internet Gambling Initiative.

ePassporte Pushed Out of Industry…
Another one bites the dust…
Last Friday ePassporte abruptly abandoned their US Customers with little explanation. This week we learn that the US Attorney’s Office in New York has been putting the screws to them. Imagine that!

Legal Online Gambling in the US?
It’s no lie…
American citizens can use credit cards and ban accounts to fund their online gambling activities at this site that the US Government not only knows about, but actually encourages you to play at!

Harris County sheriff’s deputies raided a poker room on the northwest outskirts of Houston this afternoon. There were about 8 tables of action — a $300 tournament had just gotten underway — and 11 were arrested. Police say the raid came after two months of investigation.

Hmm, sounds kinda like the Aces bust in terms of numbers. However some key differences are that nine of the busted were charged with organized crime. Yeow! No no no … Class C misdemeanor … maybe a Class A that can be pled down! Leave it to Houston to try to outdo/be tougher than Dallas.

From the local ABC news team:

they weren’t playing ordinary poker matches. Thousands of dollars were at stake in the sophisticated operation.

“You gotta know somebody to get in. They have two doors to gain entry. It’s operated by a button to gain entry, as well as they have cameras to monitor who’s at the front door,” said an officer.

Indeed, a button to gain entry. Case closed, obviously.

One of the other players arrested got cuffed for “unlawfully carrying a weapon” and the other guy ha an outstanding warrant.

This room had reportedly been around since late last summer. We’ll see if we can’t find out more about how this all shook down, where the room went wrong, and what’s really gonna come out of these organized crime allegations.

Thanks, Jim in Houston, for the tip.

In this week’s episode:

There’s No Cheating in Online Poker!
Now that we have your attention…
We thought that we should let ya know that some companies are boldly selling poker bot software for under $200, claiming big returns on your investment! Good luck with that! =0)

Our Tribute to the FBI…
We just LOVE the FBI…
I mean, why wouldn’t we love the FBI? They give us so much free comedy material that we would otherwise have to write for ourselves! God bless those brave men and women fighting the tyranny of online gambling!

Washington State to be a Battleground… Again…
The War Rages on…
First, it was J Todd battling the State Gambling Commission over his websites in 2006. Then our friend Nick Jenkins was actually arrested and charged with online gambling in 2007. Now, in early 2008, Attorney and poker player Lee Rousso is challenging the State’s online gambling ban in court!

In this week’s episode:

Congressional Hearings on UIGEA…
Barney Frank Heads to the Hill…
We all know our friend Barney Frank isn’t shy about speaking his mind, calling UIGEA the “stupidest”law ever passed. Now, he’s taking his straight talk about the law before Congressional Committees on the issue. See what was said!

Coverage of the Amsterdam Conference…
Reporting from Amsterdam!
We’re hear and we’re causing trouble! See our exclusive report from the Casino Affiliate Convention, and where J. Todd has been having to spend the night!

Hmm, we know a few poker players from Arizona here at Pokerati. I wonder if they will be attending “the first Arizona State Hold’em Championship ever played within the jurisdiction of the State” … not to be confused with the other Arizona State Championship. The tourney goes down at Judge Lee’s Arizona Card Room in Tombstone on May 10, and in fact it was Judge Lee himself letting us know about what should prove to be a very interesting event, no matter who does or doesn’t show. Yours truly, for one, respects the efforts to force the state to deal with the issues he raises. It’s generally good poker to create difficult decisions for your opponents.

*********PRESS RELEASE********PRESS RELEASE************

For release Wednesday April 2, 2008 Tombstone, AZ

From: Arizona Card League “the voice of professional card players in Arizona”

This Press Release has become necessary since the Arizona Republic newspaper article on January 18, 2008 (Retired judge betting that his poker room is legal) has caused much confusion all over the country, and thrown a cloud over the legality of the ACL/ACR System. It should be removed with the announcement today of a Statewide Poker Championship to be conducted on May 10th in Sierra Vista, Arizona.

More…

Sorry for the lack of personal postage last week and presumably this one … I have gotten caught up in the housing crisis and am moving again over the next couple days … even though I don’t know where yet. Seriously, housing crisis is very real here — our friends at The Poker Atlas were forced to relocate due to the house they were renting going into foreclosure; Rounder Club West got evicted from their digs a couple weeks ago because their landlord decided to desperately sell. When this sorta thing happens to three homes in an isolated niche, it can’t just be coincidental.

Anyhow, so yes, content … sorry for the lack thereof and sorry for the blog-cliche post about being sorry. There’s still plenty going on out there that the poker-minded populace shouldmaybe care about, regardless of my personal battle against homelessness.

As we know, the US is currently trying to figure out how to enforce the UIGEA — the AMERICAN BANKS say they can’t really do it — so now, instead of rewriting our own bad laws, we are pressuring the UK to change theirs.

And here’s an article about EL PASO’S rich gambling history – underground or not — over the past 100+ years, starting with a mayor in 1895 known as “Poker Bob” Campbell.

A NEW BLOG (to me) I am now following semi-regularly: David Matthews’ Gambling in Space.

Through him, I learned about FRANK GAGLIARDI, a California Lottery winner who also likes to gamble and recently won his very relevant (to me and you) court case vs. the IRS:

If this case stands, then it could effectively rewrite tax law and make it easier for gamblers to report losses and more difficult for the IRS to go after gamblers.

BALLY TECHNOLOGY also won a pretty big case in court — against SHUFFLE MASTER, which up to this point has maintained an expensive stranglehold on the automatic shufflers you see in poker tables.

And CALIFORNIA JEN may have loved the poker mockumentary THE GRAND, but not everybody did.

Crap, that’s hardly everything, but I have to run …

Pokerati file photo: The HB-3186 war room, led by Lavigne in Austin (standing, top left) with Texas poker politicos, player representatives, and out-of-state allies preparing for a capitol offensive.

In addition to those state-by-state member numbers, the PPA put out a press release this week announcing its new state directors. Good to see poker players getting more involved in grassroots activity as the politi-dudes looking out for us in Washington DC continue to develop into a real Beltway force. However, there’s one state where the director curiously isn’t named — and that’s Texas.

Um, Mike …? Has there been a change to your resume that you might wanna blog about that you might wanna blog about?

UPDATE: Lavigne in Austin en-route-to-Wichita-Falls confirms via Blackberry that he is indeed still a state director for the PPA, and showed off his political skills by dodging my follow-up question about “why the ‘TBA’ then?” by reassuring me that the poker political machinery in Texas, having been built and tested now, will be well-oiled for 2009 with real Texas Hold’em in Texas in 2010 so long as I don’t write anything to muck it up.

Been a couple of news items over the last week or so regarding the Unlawful Internet Gambling Enforcement Act of 2006. You remember the UIGEA. You don’t? Look over yr shoulder. It’s that big black cloud over there, heading this way . . . .

First, a U.S. District Court Judge threw out the Interactive Gaming Media Entertainment and Gaming Association’s case against the U.S. government. You might remember iMEGA had attempted to have the UIGEA’s implementation postponed until it could be determined whether or not the law was unconstitutional. (They had some other points in there, too.) The case was dismissed, but iMEGA was recognized as having “legal standing” and so will surely continue the fight.

Meanwhile, we learned this week what the American Banking Association had to say about the proposed UIGEA regulations. Recall that back in October, the feds presented their proposed regulations & asked for comments. The comment period ended in mid-December, and now the Secretary of the U.S. Dept. of the Treasury and the Chairman of the Board of Governors of the Federal Reserve System are considering those comments as they prepare to “finalize” the UIGEA.

The abridged version: the ABA thinks the UIGEA is not A-OK. Gives the banks too much to do — more than they can feasibly handle. In fact, the ABA believes the UIGEA will place most banks in what they call a “compliance trap” and thus do more to hurt the American payments system than it will do to stop folks from gambling online. Read Haley Hintze’s PokerNews article & also check out the full text of the ABA’s comments over at Kick Ass Poker.

And for more from those comments to the UIGEA regs — including some of what the “webmaster of the popular blog Pokerati.com” had to say about ’em — check out Jason Kirk’s article over at PokerListings summarizing them all: “Stakeholders sound off on UIGEA regulations.”