When Calvin Ayre got indicted this past week, some were wondering what took so long … because if the DOJ couldn’t nab the brashest of online gambling kingpins (Bodog did sports-betting for chrissakes!) then there had to be a formula — a legal-enough way to run an online gambling empire while steering clear of America’s internet police.

Stu notes that the investigation leading to Bodog’s shutdown wasn’t singular in scope, and asks who might be next on the DOJ’s hit-list. The answer to that question, I believe, is in the indictment itself — and though they don’t name any magazine or website by brand, the DOJ does reveal that after more than five years of investigation they consider certain media part of a criminal conspiracy to facilitate illegal online gambling.

Read and decide for yourself on the not-so-subtle nuances of the DOJ-Maryland office’s carefully chosen words:

6.Through these communications, members of the conspiracy caused the media reseller to create and execute an advertising campaign to increase the participation by gamblers in the United States on the BODOG.com website.

7. Through these communications, members of the conspiracy caused the media reseller to send invoices to BODOG ENTERTAINMENT GROUP S.A., d/b/a BODOG.com. These invoices represented the costs and fees for the creation and execution of the advertising campaign.

8. Members of the conspiracy caused funds to be sent by wire from accounts located outside the United States to accounts located in the United States to satisfy the invoices sent by the media reseller. These wire transfers totaled more than $42 million during 2005 through 2008.

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Not so pokery but when you think about kinda-sorta it really is … Nevada Gaming put out their latest sports betting data on Super Bowl wagers, showing $94 million bet in Nevada’s 184 sportsbooks — significant growth over previous year(s) … with the house actually finishing $5 million on the upside (suckers) this go-round. Though GOPers who just rolled through Las Vegas might want to believe otherwise … some economists (aka my old roommate Sang, who happens to be uber-conservative but otherwise really smart) believe this could be yet another indicator of Vegas recovery, fortuitous for a national economy likely to follow.

Though I’m sure plenty will disagree with the above analysis, I’ll take the upward Super Bowl trend for Nevada sports books as a win.

Meanwhile, semi-related but not really, Delaware is looking into how the new DOJ Wire Act interpretation (heralded by online poker types) could actually help the state offer more-better sports betting options to the masses via the internet.

Readit

• Bloomberg Business Week @BW | Betfair May Boost Profit With Fixed-Odds Sportsbet
• Fox5 LasVegas | Mobile wagering expands to iPhone {Leroy’s Sports Books/American Wagering}
• The Hill | Let states legalize online gambling to stimulate the economy | h/t @taxdood
• Indian Country | Internet Gaming Tops NIGA Agenda | h/t @taxdood
• Irish Times @the_irish_times | FTP Dublin subsidiary makes 180 positions “redundant”
• Bloomberg Business Week @BW | Online Poker Should Be Dealt a Fresh Hand With Regulation
• Charleston Daily Mail | Lottery funding goes to (WV) casino slots upgrade | h/t @casinocityvin
• Inside Poker Business |  Poker Networks 2012 | h/t @InfiniteEdgeKim
• @hardboiledpoker | Reports from the (FTP) Department of Redundancy Department
• @InfiniteEdgeKim | Buyers Beware {handy shopping tips for iPoker purchasers in US}

Watchit

• Livefeed @ Congress | “iGaming: Is There A Safe Bet?” | http://energycommerce.house.gov/
  The House Energy and Commerce Committee will be holding a hearing Oct. 25 called “iGaming: Is There A Safe Bet?” at 10:30AM EST in the Rayburn House Building RM 2123. Details of this hearing (and witness list – ty to @WriterJen for pointing this out) may be found on the Committee website -> here.
• @AGAupdate posted this testimony from Frank Fahrenkopf for tomorrow’s congressional hearing.

Witness List:

• Parry Aftab | Member, Board of Advisors Chairman | FairPlayUSA
  —> Witness Testimony
• Ernest L. Stevens | Chairman | National Indian Gaming Association
  —> Witness Testimony
• Keith Whyte |Executive Director | National Council on Problem Gambling
  —> Witness Testimony
• The Honorable Alphonse D’Amato | Chairman | Poker Players Alliance
  —> Witness Testimony
• Kurt Eggert | Professor of Law| Chapman University School of Law
  —> Witness Testimony
• Dr. Dan Romer | Director, Adolescent Communication Institute
  —> Witness Testimony

Won’t this be extra fun when you can make these kinda wagers on your mobile phone? Oh, wait, with Leroy’s app you can, anywhere within Nevada state lines, so the army of Aliens camped out at Area 51 should have no problem betting on Ben Lamb and/or Badih Bounahra without revealing themselves to all of humankind.

Nevada Gaming just approved some new wagers for the November Nine … some of which are obv, and others that may or may not be a little more silly.

The list of approved wagers, at house odds:

So earlier in the day … I’m in the media room for the Epic Poker League final table. (Stop LOLing.) One of the PR ladies running the room asked me if I had any predictions. LOL. “I think you’re asking the wrong guy,” I said.

But I decided to look at who was left, what the chipstacks were (in relation to the blinds), position at the table … damn, this is a tough FT … and indeed, offered up a prediction, based on the above factors and a little bit of karmic guesstimating. We already knew Huck Seed was out in 6th, so that one was a freebie. But with that could I accurately call the bust-out order for the remaining five? I bet I could …

And that got me thinking about what kinda impact Epic might have on or with sports-betting, as recent changes to Nevada law have allowed casinos to offer betting lines on non-athletic events, such as the WSOP .

So with imaginary money on the line, I made my predictions:

EPL Pick Six
1. Erik Seidel Jason Mercier
2. Jason Mercier Erik Seidel
3. Chino Rheem
4. Gavin Smith
5. Hasan Habib
6. Huck Seed

UPDATE: Game over: Seidel out, Chino wins, creditors rejoice.
UPDATE: Jason Mercier 3rd.
UPDATE: Hasan Habib 4th.
UPDATE: Gavin Smith out in 5th.

Hmmm, now I remember why I stopped betting horses.

One of the new things with this latest World Series of Poker (as significant as ESPN’s live coverage, imho) was the introduction of sports-book bets on WSOP outcomes. Think about how much effort went in to making that possible — first, changing the law such that Nevada sports books could expand their offerings to include non-athletic contests … then running specific bets through Nevada Gaming regulators … all so non-Caesars casinos could spread action on the WSOP? That’s not exactly the kinda thing done on a whim … especially when the introduction of “live” TV coverage adds a whole new element of necessary oversight for GCB enforcement.

The Wynn seems to be wanting to take the lead on spreading such non-athletic “exotics”, with Race and Sports Book Director Johnny Avello establishing himself as the go-to guru for entertainment-based wagers — having set for-entertainment-only odds (with remarkable accuracy) for the Oscars, beauty pageants, Dancing with the Stars … even fashion at the British Royal Wedding, and the breed of dog to win the Westminster Dog Show.

Read below for more official word on Wynn Las Vegas/Encore’s WSOP offerings:

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The fully licensed and regulated prop bets available in Nevada sports books for the November Nine are out. And this go-round seems much more sensible than their pilot WSOP wager offerings.

Punters here will now legally be able to bet on:

The Winner
Top Two Finishers

Click here to read official notice of the newly allowed wagers. I’m guessing it didn’t look good for the WSOP to be championing monster prop bets that existed in a “gray area” of Nevada Gaming regulations? Or they were simply pissed that so many of these wagers were going to Bodog? Or they wanted to provide November Niners an ability to hedge their bets. But unlike the case with Pete Rose, it doesn’t necessarily seem like in poker, that betting on one of your opponents will automatically keep you out of the Hall of Fame.

Marvin in Somewhere — shoot, I forget where he’s from, but somewhere in America, I know — writes in to complain:

I’m watching the “Live” ESPN coverage and it sucks. It’s like it was before the cameras. Not only don’t we see all the hands, but we don’t know whether the better has the “Nuts” or is bluffing. Since they are afraid of people telling what the other players have, how about a one hand delay?

Marvin, Marvin, Marvin … c’mon, can’t you see the positives at all? This is semi-monumental … not the kinda Poker TV you see on Versus, ya know? Though not perfect yet, they gotta start somewhere, right? You bring up some good points that I’m sure they’ll consider in the future … but really, remember, while not necessarily “alpha” version of live coverage, it is rather “beta”.

In an ideal world — according to Pokerati — all cards and chips would be RFID’d worldwide and you could watch all poker anywhere in any place at any time, as live as possible as permissible by gaming jurisdiction, and decide for yourself whether or not you wanna see hole cards. (I tend to enjoy guessing sometimes.) With super-duper extra-HD All-360 technology, of course … on my iphone should I so choose. But we’re just not quite there yet!

From the Rio sportsbook: For people not glued to Twitter, "live enough" coverage is ... um ... not too different from reruns usually airing on screens in many sports bars.

Not sure how it would work with exposed hole cards and future "in-game betting" on the WSOP. (Seen at the sportsbook in the Palms, where you can't yet bet that way.)

And remember, one other factor complicating matters here is approval by Nevada Gaming. Even just allowing twitpics in casinos and cell phones in sports books is relatively new territory for them. And there are some people who don’t believe you should be able to know a players cards a half-hour later when your buddy — or even the players themselves — can find out if that key tell thy picked up goes along with the nuts or nothing.

Click the promo banner to watch things as live as we’re gonna get them for now.

Maybe this is old news and the press release is buried somewhere in the slush pile … but it seems the WSOP has found a way to allow even more gambling, officially, on World Series tournaments. Last week the Nevada Gaming Control Board approved five separate, specific prop bets related to the WSOP. That means now any sports book in Nevada can set their own lines and take action on:

• Players from one of two groups of 13 to last longest
• Will at least one player from a box of 3 make the money
• Will a woman finish in the top 40
• Will at least one of a group of 7 men last longer than all women
• Age of the winner

Kinda a strange bunch of props imho … but hey, they do seem to support Rule #2 of Poker Life, which is, of course, “Never Stop Gambling.”

Should be interesting to see what kinda action Caesars wants to wrap around these newly approved fully legal prop bets … and what additional props show up in future lines.

All this became possible, btw, in January of this year, when Nevada Gaming approved and adopted amendments to Regulation 22, allowing the state’s casinos to offer wagers on events other than just horse races, greyhound races, and athletic events. So now, you can bet in Nevada on the outcome of non-sporting events such as The Academy Awards or American Idol … or whether or not one man out of a group of seven can outlast all women in a $1,500 no-limit hold’em tournament.

UPDATE: @OskarGarcia was all over this one last week, and noted that the Wynn became the first ever Nevada casino to offer non-sporting bets in their sports book with the above wager options on the WSOP. He also talks to a regulator who says this new practice should have big implications for betting on the November Nine.

Life’s not all about poker, right? Dan and Dr. Pauly head over to the sportsbook to watch the NBA Finals and chat about sportsbooks along the way…

2011 WSOP – Episode 11: Bookies, Dumpsters, and Mavericks (5:16) – Dan and Pauly ditch the action at the WSOP and wander over to the sportsbook to watch Game 6 of the NBA Finals, because Pauly bet the Mavs, which is also Dan’s hometown team. Dan asks Pauly to describe some of the complexities of sportsbetting, both in Vegas and in the shady underworld of online bookies.

For more episodes, visit the Tao of Pokerati archives or subscribe to the Tao of Pokerati feed.

This week’s online gambling news recaps fallout from “Black Friday”, including interesting remarks from Caesars CEO Gary Loveman. Also, online sports betting has been legalized in Germany… but don’t get too excited.

Time for a blog post about taxes. How are gambling winnings in Canada generally taxed? What if you play in a poker tournament in Canada? Are those winnings taxable? Does it matter if you’re a professional poker player or not?

In each case it will depend on a factual determination of whether you are carrying on the business of being a poker player or a gambler.

Source Income

Very generally, the “income” in respect of which one is taxed in Canada is one’s “income from source” as set out in the Income Tax Act^[1] (the Canadian equivalent of the Internal Revenue Code). What is income from source? It is a productive source of revenue from an office, an employment, a property, a business, or (without limiting the generality of the foregoing) an “other source.” Income from betting or wagering isn’t from an office or employment, and it’s not conceptually like the rents, interest, royalties, or dividends that come from property. The courts in Canada have demonstrated a reluctance to extend tax liabilities to cover unenumerated sources (the “other source” referred to above) of income; it’s unlikely that any gambling activities would be included in unenumerated sources.

That leaves income from business. When one carries on business in Canada, whether as a resident or a non-resident, one is generally taxable on the profit associated with that business. So, can a gambler be carrying on the business of gambling? The answer is that it’s conceptually possible, but it’s not easy.

In order to carry on business as a gambler based on the decided cases, one has to carry on a business with a fairly high level of skill. The two most prominent cases where a person was found to be taxable on gambling winnings involved a professional golfer who made money wagering on his own performance in matches^[2] and a snooker player who hustled drunks in money games.^[3]

There is an old paragraph of the Act called “right to a prize” that provides as follows: “a taxpayer’s gain or loss from the disposition of (i) a chance to win a prize or bet, or (ii) a right to receive an amount as a prize or as winnings on a bet, in connection with a lottery scheme or a pool system of betting referred to in section 205 of the Criminal Code, is nil.”^[4] While this language appears straightforward, this paragraph is of limited assistance and raises more questions than it answers; section 205 of the Criminal Code was repealed in 1985.

Lotteries, Games of Chance & Sports Betting

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On the advice of the Prime Minister of Canada, the Governor General (the Queen’s representative in Canada) dissolved the 40th Parliament on Saturday May 26th of this year. We are now in a general election campaign. Election Day is May 2nd.

Dissolution brings to an end all business before both houses of Parliament. All government bills and private members’ bills are terminated and, to be resurrected, will need to be re-introduced in the next Parliament.

The upshot is that Joe Comartin’s bill to liberalize sports betting laws in Canada, discussed here and here, is now dead. We will have to wait and see what the membership of the House of Commons looks like after the election and whether Mr. Comartin (if re-elected) will re-introduce the measure.

As a follow-up to my post on February 14th on proposed single event sports betting changes in Canada, today I did a podcast with Sarah Kaphake Cords from Casino Enterprise Management. In the podcast, Sarah and I discuss the proposed changes the Criminal Code, the challenges facing the provincial monopolies in Canada, and some thoughts on where the debate over sports betting in Canada and the US might be headed.

You can listen to the podcast here:

(In case you can’t get the above link to work, another off-site link to the podcast is here.) Enjoy!

The US District Court in New Jersey has dismissed the constitutional challenge to the Professional and Amateur Sports Protection Act (PASPA) filed by iMEGA, State Senator Ray Lesniak, and others. The dismissal was based on a lack of standing. The court’s memorandum opinion is here.

Congress, as the court points out, enacted PASPA in 1992 to limit the expansion of sports gambling in the United States by making it unlawful for a government to license or a person to operate a betting, gambling, or wagering scheme based on professional or amateur sports. The grandfathering provision provided an out for those states that conducted a sports wagering scheme prior to PASPA’s passage, and certain sporting activities are beyond PASPA’s reach. The plaintiffs in the iMEGA case claimed that PASPA’s limitations violated myriad provisions of the US Constitution, including the Commerce Clause, the Tenth Amendment (limiting the powers of the federal government), and the Equal Protection Clause of the Fourteenth Amendment.

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