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DOJ reverses the 2011 wire act opinion DOJ reverses the 2011 wire act opinion

04-13-2019 , 10:45 AM
It seems like in all of this no one is talking about poker except poker blogs. I get the concern. If the act is interpreted to have reach beyond sports betting in to lotteries then by default it could reach to poker. Is anyone (anyone being plaintiffs or DOJ) specifically discussing online poker?

If you just use the arguments being made in court and assume everything is literal then even if DOJ wins poker is not touched because poker doesn't seem to be the target of this.
DOJ reverses the 2011 wire act opinion Quote
04-13-2019 , 11:15 AM
Just read the 2018 interpretation. The whole thing centers around comma placement. That's crazy. The wording specifically discusses sports betting but is being manipulated because of punctuation.
DOJ reverses the 2011 wire act opinion Quote
04-17-2019 , 09:22 AM
In the proceeding before the US District Court in New Hampshire on 4/15/19, Judge Paul Barbadoro stated “This statute is a mess of a statute.” Even after his purported leanings or implied legal support in favor of the Plaintiffs, he finally concluded “I have a strong feeling that however I resolve the case, or however the 1st Circuit resolves the case, it is likely going to be resolved by the US Supreme Court either way.”

In other words and imho, any real chance or possibility for (interstate) online poker in the near future is going to get buried in the cemetery b/c it now has a very low if not zero probability of implementation (even among the existing NV-NJ-DE pact). Trump and Co. have stacked the Supreme court with enough votes to secure anything he wants his way (he has got his hand picked crony capitalist stooges Cavanaugh and Gorsuch on there). Very long term (like decades out), interstate online poker will inevitably come I believe but before then, I am again pessimistic now. I invite any and all to shine a light where I may be not justified etc. with the aforementioned pessimistic analysis.

Last edited by HurtLocker; 04-17-2019 at 09:28 AM.
DOJ reverses the 2011 wire act opinion Quote
04-20-2019 , 10:42 AM
Quote:
Originally Posted by HurtLocker
In other words and imho, any real chance or possibility for (interstate) online poker in the near future is going to get buried in the cemetery b/c it now has a very low if not zero probability of implementation (even among the existing NV-NJ-DE pact).

I don’t think online poker ATM is required to comply. No one involved in the case has mentioned it. Assuming this compliance starts in June (whenever the date was) I don’t see where De,NV,NJ are ordered to stop online poker amongst each other.

Seems they are making “the online Lottery” whatever that is, the focus. I know it is an educated assumption to include poker but no one in court is discussing poker.
DOJ reverses the 2011 wire act opinion Quote
04-20-2019 , 02:25 PM
Quote:
Originally Posted by Lozgod
I don’t think online poker ATM is required to comply. No one involved in the case has mentioned it. Assuming this compliance starts in June (whenever the date was) I don’t see where De,NV,NJ are ordered to stop online poker amongst each other.

Seems they are making “the online Lottery” whatever that is, the focus. I know it is an educated assumption to include poker but no one in court is discussing poker.
Wasn't the subject case brought by a lottery, and there are no online poker or casino plaintiffs ?

An online lottery describes when a lottery sells tickets, instant or otherwise, online.

There would not be any order from this court related to matters not before it, although an ideal injunction might be broadly drafted so as to chill any enforcement against anything added in by the 2019 OLG memo.

Appeal is certain regardless of the court's rulings, even injunctive relief, if any, against interim enforcement.
DOJ reverses the 2011 wire act opinion Quote
04-20-2019 , 02:37 PM
Quote:
Originally Posted by HurtLocker
In the proceeding before the US District Court in New Hampshire on 4/15/19, Judge Paul Barbadoro stated “This statute is a mess of a statute.” Even after his purported leanings or implied legal support in favor of the Plaintiffs, he finally concluded “I have a strong feeling that however I resolve the case, or however the 1st Circuit resolves the case, it is likely going to be resolved by the US Supreme Court either way.”

In other words and imho, any real chance or possibility for (interstate) online poker in the near future is going to get buried in the cemetery b/c it now has a very low if not zero probability of implementation (even among the existing NV-NJ-DE pact). Trump and Co. have stacked the Supreme court with enough votes to secure anything he wants his way (he has got his hand picked crony capitalist stooges Cavanaugh and Gorsuch on there). Very long term (like decades out), interstate online poker will inevitably come I believe but before then, I am again pessimistic now. I invite any and all to shine a light where I may be not justified etc. with the aforementioned pessimistic analysis.
Capitalist stooges ?

Look, protectionism is not a capitalist tenet, it is a prevention of competition .... invoked here by Sheldon.

Cronyism, yeah. Capitalist, not so much.

How Gorsuch might rule on a case before the court on the expansive OLG take on a criminal statute disrupting State regulation and licensing of online gaming, if it comes to that, is hardly a slam dunk for DOJ.

Vote wisely in 2020 if you want to change the regime. A different DOJ might punt on ongoing cases brought by the States, despite Sheldon's wishes.
DOJ reverses the 2011 wire act opinion Quote
04-22-2019 , 09:26 AM
Quote:
Originally Posted by Lozgod
Seems they are making “the online Lottery” whatever that is, the focus. I know it is an educated assumption to include poker but no one in court is discussing poker.
It seems like however the courts rule on the multistate lotteries WILL certainly impact legally regulated interstate online poker (appeals all the way possibly up to and before Supreme Court). That is my understanding.
DOJ reverses the 2011 wire act opinion Quote
04-22-2019 , 09:41 AM
Quote:
Originally Posted by Gzesh
Vote wisely in 2020 if you want to change the regime. A different DOJ might punt on ongoing cases brought by the States, despite Sheldon's wishes.
Changing the executive branch "regime" by voting in 2020? While voting by everyone should be exercised, the Supreme Court is already stacked 5-4 in favor of many crony pigs representing the interests just like that of Trump and Sheldon etc. The 2020 election will not change that anytime soon unless of course two or more of those republicans or conservatives dies or retires from the bench. The DOJ is corrupt too imho. It seems to me they are more confident let alone hell bent than ever on putting any interstate gambling especially online poker on ice. The DOJ knows it has this type of Supreme Court to back it. A slight hope may be twofold here but you need runner runner runner hits - a democrat president, 2 or more Supreme courts justices on the conservative side retire or die, AND this case comes before it after but not before the 2 former events.

Last edited by HurtLocker; 04-22-2019 at 09:47 AM.
DOJ reverses the 2011 wire act opinion Quote
04-22-2019 , 05:25 PM
Here are some interesting quotes from an interview article today with Pala Interactive CEO Jim Ryan, who believes moving into the New Jersey market was an unwise decision in hindsight.

https://www.yogonet.com/internationa...red-new-jersey

"'My perspective isn’t coming because of how we operate our business and frankly I’m not at all concerned about compacting of poker liquidity in any way shape or form.' Ryan’s concern, like that of many others in the gaming industry, is that the present opinion could be interpreted in a way that shuts down intra-state gaming. 'Because intra-state gaming might not, but internet transactions do cross state lines.'"

"'European companies keen to come over undoubtedly are pulling back and waiting to see how this thing plays out,' Ryan adds. 'And it won’t play out quickly.'"

"'If I knew what I know now about going into New Jersey, I never would have done it. It’s a market that’s controlled by trusted land-based brands – that’s not going to change.'"

"'The lesson we’ve learned in New Jersey is the cost per player acquisition, if you’re coming into that market without a brand, is high. Be prepared to spend $700+ plus per acquisition until you build a brand.'"
DOJ reverses the 2011 wire act opinion Quote
04-23-2019 , 12:59 AM
fingers crossed
DOJ reverses the 2011 wire act opinion Quote
04-29-2019 , 05:35 PM
PA Online Poker Players Will Have to Wait for Interstate Poker

https://www.pocketfives.com/articles...-poker-623859/
DOJ reverses the 2011 wire act opinion Quote
04-29-2019 , 10:47 PM
Quote:
Originally Posted by parisron
PA Online Poker Players Will Have to Wait for Interstate Poker

https://www.pocketfives.com/articles...-poker-623859/
Should the interstate gaming compact that covers the NJ-NV-DE pool not run afoul of the new DOJ Wire Act opinion, PA could be part of it perhaps by the end of next year.
DOJ reverses the 2011 wire act opinion Quote
04-30-2019 , 12:44 AM
are there any dates that are relevant to the outcome? WSOP has online events and is there gonna be a decision on them and playing from NJ before they start?
DOJ reverses the 2011 wire act opinion Quote
04-30-2019 , 01:41 AM
A few weeks ago it was Mid June for the next DOJ statement, but lots of lawsuits and back and forth since then, so who knows.
DOJ reverses the 2011 wire act opinion Quote
04-30-2019 , 12:19 PM
Quote:
Originally Posted by dhubermex
Here are some interesting quotes from an interview article today with Pala Interactive CEO Jim Ryan, who believes moving into the New Jersey market was an unwise decision in hindsight.

https://www.yogonet.com/internationa...red-new-jersey

"'My perspective isn’t coming because of how we operate our business and frankly I’m not at all concerned about compacting of poker liquidity in any way shape or form.' Ryan’s concern, like that of many others in the gaming industry, is that the present opinion could be interpreted in a way that shuts down intra-state gaming. 'Because intra-state gaming might not, but internet transactions do cross state lines.'"

"'European companies keen to come over undoubtedly are pulling back and waiting to see how this thing plays out,' Ryan adds. 'And it won’t play out quickly.'"

"'If I knew what I know now about going into New Jersey, I never would have done it. It’s a market that’s controlled by trusted land-based brands – that’s not going to change.'"

"'The lesson we’ve learned in New Jersey is the cost per player acquisition, if you’re coming into that market without a brand, is high. Be prepared to spend $700+ plus per acquisition until you build a brand.'"
Jim Ryan, who was the CEO over Ultimate Bet while at Excapsa once remarked:

"Ryan: The cheating scheme that occurred at UltimateBet during my tenure at Excapsa is extremely regrettable. The cheating scheme occurred from 2003 to 2007 and I was the CEO of Excapsa for 23 months (Jan. 2005 – Nov. 2006) within this period. I had no knowledge or involvement in this fraudulent activity."

https://www.onlinepokerreport.com/14...a-interactive/

I met Jim once, long ago, during his Excapsa days. He has had a long career since and it will likely continue outside the US markets.

Last edited by Gzesh; 04-30-2019 at 12:25 PM.
DOJ reverses the 2011 wire act opinion Quote
04-30-2019 , 12:32 PM
Quote:
Originally Posted by HurtLocker
Changing the executive branch "regime" by voting in 2020? While voting by everyone should be exercised, the Supreme Court is already stacked 5-4 in favor of many crony pigs representing the interests just like that of Trump and Sheldon etc. The 2020 election will not change that anytime soon unless of course two or more of those republicans or conservatives dies or retires from the bench. The DOJ is corrupt too imho. It seems to me they are more confident let alone hell bent than ever on putting any interstate gambling especially online poker on ice. The DOJ knows it has this type of Supreme Court to back it. A slight hope may be twofold here but you need runner runner runner hits - a democrat president, 2 or more Supreme courts justices on the conservative side retire or die, AND this case comes before it after but not before the 2 former events.
Enforcement of laws starts at DOJ, they have plenty to do and take direction from the Attorney General, who serves at the pleasure of the President. I am certain that a President not named Trump might find more pressing issues for his Attorney General to focus on than defending the 2019 OLG position in litigation against lotteries or prosecuting cases against the WSOP online pooling premised based on its expansive re-interpretation.

In short "regime change" could mean no case re interstate poker-pooling ever reaches the conservative Supreme Court outcome or odds you describe.
DOJ reverses the 2011 wire act opinion Quote
04-30-2019 , 12:38 PM
Deputy Attorney General Rod Rosenstein Resignation Could Impact Wire Act Outcome

https://www.casino.org/news/deputy-a...re-act-outcome
DOJ reverses the 2011 wire act opinion Quote
04-30-2019 , 02:13 PM
Quote:
Originally Posted by parisron
Deputy Attorney General Rod Rosenstein Resignation Could Impact Wire Act Outcome

https://www.casino.org/news/deputy-a...re-act-outcome
I think the article is speculating without specific knowledge as to Rosenstein's views on online poker or even who his successor may be.
DOJ reverses the 2011 wire act opinion Quote
05-01-2019 , 09:15 AM
Quote:
Originally Posted by Gzesh
Enforcement of laws starts at DOJ, they have plenty to do and take direction from the Attorney General, who serves at the pleasure of the President. I am certain that a President not named Trump might find more pressing issues for his Attorney General to focus on than defending the 2019 OLG position in litigation against lotteries or prosecuting cases against the WSOP online pooling premised based on its expansive re-interpretation.

In short "regime change" could mean no case re interstate poker-pooling ever reaches the conservative Supreme Court outcome or odds you describe.
I think you are being optimistic. I hope you are right btw. But this circuit court judge was pretty certain too that his decision (even if ruled in favor of the lotteries) will nevertheless go next to an appeals court and then ultimately before the Supreme Court, notwithstanding who the future president is or will be otherwise than the current one. Either way, time will tell and I really hope I am wrong at that later time.

The DOJ (however corrupt imho) can definitely walk and chew gum at the same time - in other words, they are a huge part of the govt and have plenty of resources etc. to press this issue (let alone any new other ones) as they see fit. The attorney general who sits at the top of the organization does not necessarily drive its legal agenda in reality (the law mocks us that he is the "Peoples' attorney"). In reality, attorney generals serve at the real pleasure of king lobbyists like Sheldy etc. who usually always find a way to push Washington to their agendas regardless of the current admin regime at the helm.

Last edited by HurtLocker; 05-01-2019 at 09:24 AM.
DOJ reverses the 2011 wire act opinion Quote
05-01-2019 , 01:51 PM
WSOP released the circuit schedule and they have an online series in September that's (new jersey) then one in February that's (nevada)

Is this suggesting anything?
DOJ reverses the 2011 wire act opinion Quote
05-01-2019 , 03:03 PM
Quote:
Originally Posted by linkthestink
WSOP released the circuit schedule and they have an online series in September that's (new jersey) then one in February that's (nevada)

Is this suggesting anything?
My assumption has always been that the NJ/NV pact would break apart upon the end of the compliance enforcement window, which I believe was 90 days or so from when the DOJ released it's new opinion. Doubtful any of this will be solved by then.
DOJ reverses the 2011 wire act opinion Quote
05-03-2019 , 11:34 AM
WSOP Online Bracelet Events Now Available to New Jersey Players
WSOP has confirmed that New Jersey players will be able to play the WSOP online bracelet events that are scheduled to take place before the DOJ enforcement deadline of June 14.

https://pokerfuse.com/news/poker-roo...le-new-jersey/
DOJ reverses the 2011 wire act opinion Quote
05-07-2019 , 12:45 PM
NEW: New Jersey Attorney General files suit against USDOJ for failure to respond to a Freedom of Information Act (FOIA) request concerning Sheldon Adelson's potential ties to the OLC's Wire Act re-interpretation.

https://www.pressofatlanticcity.com/...f3dc94a10.html

Below is a link to the Feb 5, 2019, FOIA request.

https://www.nj.gov/oag/newsreleases19/FOIAWireAct.pdf
DOJ reverses the 2011 wire act opinion Quote
05-07-2019 , 01:22 PM
Quote:
Originally Posted by dhubermex
NEW: New Jersey Attorney General files suit against USDOJ for failure to respond to a Freedom of Information Act (FOIA) request concerning Sheldon Adelson's potential ties to the OLC's Wire Act re-interpretation.

https://www.pressofatlanticcity.com/...f3dc94a10.html

Below is a link to the Feb 5, 2019, FOIA request.

https://www.nj.gov/oag/newsreleases19/FOIAWireAct.pdf
Wow, this could really turn into a scandal.

Somebody ought to do the same thing (with the Freedom of Information Act) regarding the Black Friday shutdown.

Hats off to the Attorney General of New Jersey.
DOJ reverses the 2011 wire act opinion Quote
05-07-2019 , 01:28 PM
And what if they prove Adelson was behind it? It will all go away?
DOJ reverses the 2011 wire act opinion Quote

      
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