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By definition, any site operating in the US collecting real money deposits and processing withdrawals is violating UIGEA whether taking 6 months or 3 days.
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Originally Posted by Max Cut
It's my understanding that UIGEA has effect only in states where such actions are illegal according to that state's laws.
It's all still pretty grey, imo. Congress makes the law, the DOJ enforces it, and then it's up to the courts to interpret it. The UIGEA is particularly confusing because it doesn't make operating the site illegal, only the transfering of funds. So by using 3rd party processors, one could argue that the sites aren't violating any laws. Further complicating this is the issue-ing of opinions regarding these laws, that
imply legality or a lack of enforcement. But until the courts rule, has it really been decided? There's a distinct lack of precedent here.
Another complication in this whole situation is the question of authority. Under international law, even the payment processing into the US is legal. The WTO has ruled against the US in this, saying that blocking an internet export is a violation of their agreement. Fines have been levied, but of course, Uncle Sam hasn't paid. Then there's the question of Fed vs State, which is of more interest to US players, particularly with a few states legalizing and setting up internet poker. The Feds have
implied that they will allow it, the DOJ has written an
opinion that it won't violate the Wire Act. But really, until the courts rule on it, it's all open to interpretation.