Here’s a question from a reader that I thought might be useful to answer for everyone, including me! Chuck in Fort Worth writes:

Hi Dan,

Jake and I will be in Vegas the week of June 13. A buddy of his will be staking him in event #26. Do you have access to any kind of staking agreement we could prepare prior to the event? Thanks.

Chuck

Hey Chuck! I’m not Dan, but I am Dan-ielle so … close enough!

There are no set-in-stone guidelines for backing players but the most common practice is a 50/50 split of winnings, after the backer has been paid back on his investment. (i.e. the buy-in.) The second most common is for the backer to get his investment back and 60 percent of the remaining winnings, with the player keeping what’s leftover after that. More…

Sanford Millar

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OP-ED

There are two actions pending against online poker companies in the Southern District of New York — an indictment of individual defendants, and a civil forfeiture complaint against the companies. The civil forfeiture complaint seeks forfeiture of all assets of the defendants, including specified domains and bank accounts.

There have been several civil and criminal forfeiture cases brought by the DoJ in recent years, including Daniel Tzvetkoff’s and Douglas Rennick’s (which are the original and first superseding indictments in the current case). Similar forfeiture cases have also been brought against other payment processors, but in none of these cases, as far as I know, have the Poker companies filed claims objecting to the seizures. Also of note is that no players made claims either.

Any player who makes a claim [for their deposits] should expect criminal inquiry by the FBI and IRS, and would not be able to recover on provable claims for some time. If the Poker companies default on the civil forfeiture, players will have no real legal recovery.

For the purpose of filing Foreign Bank Account Reports, some players may have taken the position, consistent with the position of the IRS, that they are general unsecured creditors in a common pool fund of deposits, and as such have no control or discretion over the investment of the funds. If this position is correct, then the DoJ’s forfeiture claims may have legs, as there may be no players to come forward able to make the specific factual statements necessary for a bonafide claim. Further, in order for the Poker companies to make claims, they likely would have to submit to jurisdiction of the U.S. and open their books and records to the DoJ and IRS among others.

More…

Here’s a quick rundown of what’s going on in one of the hungriest industries out there, and, game of skill or not, the parent biz of our beloved little poker world:

ALABAMA — A small little gambling fight is going down in the land Spencer Bachus represents, over a matter of semantics, technology, and the millions of dollars bingo machines represent. Bingo is legal in ‘bama … but should video bingo be? The fight is a dirty — complete with one agency repeatedly trying to raid a well-monied operation that believes it’s on the right side of the law.

CHINA — After a slow start, gambling revenues in Macau are reaching record levels.

IOWA — The Iowa Racing and Gaming Commission’s computer system got hacked, and they’re blaming China:

Chinese foreign ministry officials strongly disputed the report, issuing a statement calling it “full of bias and ulterior motives.”

Personal information in the breach included names, Social Security numbers, home addresses and dates of birth. Most of the people in the licensing database are Iowa residents, but it also includes residents of Illinois, Minnesota, Nebraska, South Dakota, Wisconsin and other states, Ketterer said.

The list includes workers such as card dealers, slot machine technicians, jockeys, trainers and owners of horses and greyhounds.

LOUISIANA — The New Orleans-to-Shreveport casino-biz is in a definite recession, one not planned for when the state planned on becoming the central-coast alternative to Las Vegas and Atlantic City. They blame Texans for not gambling enough Oklahoma and Mississippi for cutting in on their action.

NEW JERSEY — Big fight going on over laws related to the building of Revel — the east coast’s $2.5 billion version of CityCenter. Should be an interesting development to watch go up (or down) as New Jersey fights to stay competitive with the smaller casino operations set to open shop in Delaware and Pennsylvania, but not Maryland.

MARYLAND — Gov. Martin O’Malley is saying Maryland’s not gonna jump into the gambling expansion fray, despite assertions that his state is gonna lose out as neighboring locales up their casino offerings to include table games + poker.

OHIO — As we know, Lyle Berman has effectively bought himself a piece of all the newly legalized action to come in Cincinatti, Cleveland, and Toledo. But he’s run into some blowback over the location of a new casino in Columbus. The constitutional amendment voters approved in November called for a full-blown casino-resort downtown, but now a referendum on a May ballot will decide if the Penn Gaming development should be moved to a blighted part of the city.

Related: “It’s Lyle’s Ohio Now”

UNITED KINGDOM — Once upon a time, Great Britain was leading the world in all things online gambling. But regulations and tax issues are messing that up — and it’s turning into a battle of Labour vs. the Tories for the UK’s gambling future. Good rundown on some British gambling-law history and where the different parties stand on gambling in the UK … as the rest of Europe catches up.

A big poker-related legislative battle is going on right now in Pennsylvania. In fact, state representatives debated the matter well into the night on Sunday — an unusual move for the Pennsylvania House.

At issue is the inclusion of table games — blackjack and poker specifically — in Pennsylvania “slot machine parlors”. Doing so would bring in $242 million … and yesterday’s overtime debate revolved around 170 amendments to the bill.

It’s definitely not all about poker though, or gambling for that matter … Pennsylvania apparently has been at a legislative impasse and operating without a state budget for 97 days!

It does seem, however, that the expanded gambling measure could make or break the budget as a whole.

More…

photo: Jennifer Browning

Meet Sharron, the new tourney director at The Lodge.

There are lots of amateur poker leagues out there, and with all due respect, we don’t pay as much attention to them as we used to unless there’s allegations of grift and/or a plot to kill the guy running it with snakes. However, the Lodge Amateur Poker League has always been near and dear to Pokerati’s heart.

Back in the early boom days, All In magazine called it “The best amateur tournament in America!” Ahh, we were having some good after-church strip-club times every Sunday, with more and more players getting better each week … in pursuit of not just gift certificates and lap-dance coupons, but also, and believe it or not more important than seeing boobs for most, a seat in a $1,500 WSOP event (travel expenses included, of course).

But like so much in poker, after Dan left it eventually lost its way. The tournament carried on, but allegations of chip dumping and cheating (yes, in an amateur tourney) made it lose its luster. Then came the Texas sin tax that made this “free” tournament a $0+5 NLH — with that whole $5 going to the State — and field sizes continued to dwindle.

Courts have since ruled that tax unconstitutional, so the game is free again … and now the Lodge — named Best Strip Club in America at the 2008 Exotic Dancer Awards in Las Vegas, btw — has renewed its commitment to making its weekly amateur poker tournament not just the best in Texas, but tops anywhere. The new TD cracking the poker whip: Sharron Nix.

More…

Funny, here in the USA we’re screaming, “tax us! tax us, dammnit! for all in the name of freedom!” Elsewhere around the world they’re saying, yeah, we should tax … which has some companies considering new homes.

Costa Rica plans to officially introduce a bill this week that has been brewing for a few months to tax and regulate the many online gambling entities with operations there. The assertion is that a 2 percent tax would generate $100 million in revenue. There also was talk of a 1 percent tax on the end users, though it’s not clear if that provision is included in the legislation.

(Does anyone notice how much faster bills seem to move through Congress in Latin American countries?)

An estimated 300-some online gambling purveyors make at least one home in Costa Rica, though some might consider moves to Panama should the new tax pass. Several, such as Bodog, have already moved to Antigua, the UK, and elsewhere.

More…

Apparently our good friends across the pond are a bit more optimistic about the notion of the US opening its online gambling market in 2010 than we are … and in preparation, the buzz around England is that Betfair — the British online poker-and-more company and title sponsor of WSOP-Europe — is getting serious about making an estimated £1.5 billion ($2.5 billion) initial public offering.

The intent would be to raise capital in preparation for all sorts of crazy consolidation and forthcoming acquisitions in the online gambling sector.

At least one Betfair exec dismisses the talk as little more than speculation, despite meetings with Credit Suisse and other banking advisors that have the European financial press getting their knickers in a bunch as “companies seek to position themselves to enter the world’s biggest gambling market.” Should the rumored floatation happen, it would be the first major listing on the London Stock Exchange since the global economic collapse.

$400k HORSE

At the same time, Betfair last week made another move toward American soil by pledging $400,000 to the New York (Horse) Racing Association as an overlay should two specific horses face off against each other in October at Belmont Park:

Rachel Alexandra, the first filly to win the second leg of horse racing’s Triple Crown since 1924, has won her last eight races. Zenyatta is undefeated in 12 career starts, including the 2008 Breeders’ Cup Ladies Classic.

LOL, I didn’t even realize they had ladies events in horse racing!

Across the Chunnel: Refashioning French Poker

Arnault.

Betfair also just got themselves approved to enter France’s online gambling market, which is set to open next year … apparently with some nice poker-friendly alterations to the rake. (The new French law originally had players paying tax on every bet and raise, on every street … which can totally screw with your pot-odds calculations!) Helping get Betfair to the front of the French licensing line, with a better rake structure no less? Heavy lobbying efforts from billionaire bling merchant Bernard Arnault, CEO of Louis Vuitton, 10 percent owner of Betfair, and the 15th richest person in the world.

New-and-improved Yahoo! Poker Coming Soon

We’re talking Yahoo! Uk & Ireland, of course, not Yahoo! USA. The British arm of the web behemoth just re-upped its partnership with GTech G2, for two years, to provide real-money gaming options — and part of that deal includes plans to unveil a fully downloadable real-money Yahoo! poker room, not just the (lame) in-browser version currently available.

Magazine Moguls Jump into Mobile Gambling

PartyGaming CEO Jim Ryan recently said that the biggest threat to established online gaming brands comes from major media outlets, not current competitors. And sure enough … Dennis Publishing — the mega-magazine company behind Maxim, MacUser, Computer Shopper, Bizarre, Men’s Fitness, and more than a dozen other publications (including PokerPlayer, Inside Poker Business, and Stacked) — just launched its Monkey Mobile Casino, offering real-money online gambling on handheld devices. (The current issue of Monkey, fwiw, features a picture of Lady Gaga’s recent nipple slip.

The Swedish Taxman Cometh

Meanwhile, the Swedish Tax Authority (Skatteverket) has been studying all forms of internet commerce tax evasion since 2007, and has concluded that online poker companies with offshore servers are one of their biggest sources of uncollected e-commerce taxes.

A couple of great pieces for weekend reading…

Amy Calistri always has eyes on the stock market and the corporate goings-on of poker-related businesses, and her latest take on the sale of the WPT assets is right on the money. She gives the latest about stockholder rage over the WPT/Gamynia move and puts into words what I’ve been thinking for years, since shortly after I left the WPT fold and began to notice its downfall. That’s not to say it can’t rise again, but it might need new leadership to make that happen. An excerpt:

Frustration and envy appear to be the seeds of the series of missteps that sapped millions of dollars and focus away from the company’s core business. While the WPT helped create the poker boom, its television production business model only got a small piece of the obscene profits that were being generated by poker’s popularity. Online poker companies and online media sites reaped the lion’s share. This infuriated the WPT; they felt they were owed.

Gambling law professor I. Nelson Rose can break down a legal document or political issue like nobody’s business, and it’s a good thing he took the time to analyze the Menendez bill introduced to the Senate this week. Thanks to Poker Grump, this piece takes a look at the 91-page document and sheds some light on the proposed participation of states in the regulation/licensing of online poker, the tax on deposits to online sites, and the possible exemption of sites like PartyPoker from licensing. A sampling from the article:

Taxes might be a problem. The Frank bills have no limit on what taxes states can impose on operators, but limit the federal government to what is called a fee of 2% on deposits. Menendez is asking for less and more: A Federal Internet gaming license fee of 5% of deposited funds and a State or Indian tribal government gaming license fee of another 5%. This does get over the big problem with the Frank bills, that the big states, like California, where the customers will be, have no incentive to support Internet gambling operated and taxed by Nevada. Under Menendez, California gets that 5% tax. Although the states won’t like this provision: Tribes are treated like states, so if a player is on Indian land, that tribe gets the full 5% and the state in which the tribe is located gets nothing.

Of course, the tax system is still screwy, since it is a tax on deposits, not revenue. But it might work.

With banking matters all over the place these days, the IRS reportedly investigating Russ Hamilton, and Barney Frank putting together a bill that would simply strike down the UIGEA as if it never happened, I gotta think, well … I really don’t know what to think. Though it seems major shifts are happening, global-economic finance is admittedly a little beyond my ken. But I’m trying to figure it out, and so far I’ve concluded that banks are clearly important, and anyone who handles the transfer of billions of imaginary dollars has major issues to attend to.

Brilliant, I know.

And actually, not even billions … just $10,000 or more. Apparently a new IRS rule has gone into effect that requires online poker players to treat their online accounts — PokerStars, Full Tilt, et al. — as offshore foreign bank accounts.

Yeow, that’s different. Sources who were winning players online tell me nothing more than a WG-2 was necessary before. Again, I’m not really sure what that means (or what enforcement mechanisms are in place) but do I know this change theoretically affects lots and lots of people and probably at least a few billion dollars. If I’m reading this tax expert right, basically, if all your money in all your accounts added up to $10,000 or more at any point in 2008, you have to file a special form (TD F 90-22.1, which goes to the Dept. of the Treasury, not the IRS) for these accounts, and the fine for not doing so is either $100,000 or half your bankroll, whichever is greater.

That sounds pretty tough. But maybe this is just what comes with the territory as G-men set up a framework for how these online piggy banks, er, poker sites have to work in the future? No word yet on whether or not you’ll ever be able to pay your taxes in PokerStars W$/T$ or Lindens.

As Dan mentioned during his Poker Beat podcast debut last week, former New York Senator Alfonse D’Amato is on the case of the UIGEA in Washington, D.C. He published a piece in Roll Call, the magazine of Capitol Hill, in which he points to online poker – and the billions of dollars in revenue potential – as a potential source of revenue for the economically-challenged U.S. government. It’s worth reprinting here, not because of the message that went out to the politically-minded last week, but because it shows that the Poker Players Alliance is working behind the scenes in D.C. It might be worth it to be patient with the PPA during this time of relative silence, as they may just have a few aces up their sleeves.

Here is the article in full:

The New Deal: Regulate and Tax iPoker
By Alfonse D’Amato
Special to Roll Call
January 27, 2009, 4:21 p.m.

As the Obama administration and the new Congress evaluate their policy priorities, they cannot ignore the significant challenge to fund these programs given our nation’s financial situation. Our new leaders have been dealt a struggling economy, and even President Barack Obama can agree that tax increases to pay for his agenda won’t reveal the winning hand, politically or practically. A possible solution, however, is not out of reach. Our new president needs only to look at his favored form of skillful avocation: poker.

Yes, I said poker. While business leaders and politicians debate how much, or how little, we should regulate the business community, the online poker industry and the millions of Americans who play on the Internet have been crying out for regulation and taxation. The absence of government regulation, and in fact the quixotic efforts to ban Internet poker, has left U.S. consumers vulnerable and left billions in potential tax revenue on the virtual poker table.

More…

Speaking of Austin … though I’ve still got nothing on any room violence down there, super-secret powerful inside sources do tell me that 2008 WSOP 4th place finisher Ylon Schwartz is in A-town right now … visiting a friend and supposedly shopping for a condo. I gotta think the quiet Brooklyner would fit right in the Austin scene. Income taxes in Texas (none) are much better, too. Perhaps Schwartz hasn’t cashed in his winnings yet?

Over 100 people signed up for the first annual CPPC, and for its inaugural installment, the hosts seemed pleased. Not only were the attendees excited to be there, but they seemed inspired by the speakers – taking notes, asking questions, talking strategy and game tips during breaks. Some of the speakers set up exhibits to sell their books, distribute info about poker lessons and organizations like the PPA, and computers were even provided for the ability to e-mail members of Congress in the ongoing fight for poker rights.

Some key ideas from the day’s speakers:

• “If your only goal is to win pots, you can play and bet every hand, win some of them, and become the world champion of winning pots. But if your object is to make the right decisions, you can be a champion poker player.” – Mike Caro
• George Epstein gives speeches and poker lessons to seniors to sharpen their minds, leading to better overall health and quality of life.
• Lou Krieger gave top-notch poker tips. There’s a reason he has authored 11 poker books.
• Stan Sludikoff, long-time publisher of Poker Player Newspaper, has been speaking to Lyle Berman about a poker television channel. Plans are still being formulated but he insists that it will happen.
• Marsha Waggoner gave the best quote from Vince Lombardi: “Show me a good loser, and I’ll show you a loser.”
• Russell Fox is an expert on taxes as they relate to poker players – amateurs and professionals. He knows his laws and seems to be the tax pro to the poker biz.
• John Pappas is extremely dedicated to the PPA. As Executive Director for only a few months, he has recruited numerous members of Congress to sponsor pro-poker legislation. And he bought me lunch.

More…

The rumors had merit … there will be no automatic 25 percent withholding on all poker tournament wins over $5,000. The headlines give a little indication on where different operations stand on tournament winners and their ethical obligations to pay the federal government its juice:

CardPlayer: “Tax Law Stopped”
PokerListings: “Tax Code Clarified”
4Flush: “Still Being Worked on”
PokerNews: “Tax Proposal Nixed”
I. Nelson Rose: “IRS Has Changed the Law”