Quote:
Originally Posted by Skallagrim
My apologies. Given your blanket statements I had assumed that you meant that the licensing jurisdictions should never have allowed their licensees to offer US real money play based on the conclusion that offering real money play in the US was itself illegal. Instead it now appears that you are basing your claims solely on the allegation that the sites committed Bank Fraud.
Whether the sites were actually complicit in the alleged Bank Fraud is, indeed, a matter of fact for proof at trial. But if we confine this discussion to Bank Fraud, a lot of the concerns you express are then misplaced: I find it hard to understand how the regulatory agencies were to become aware of, much less police and sanction, the sites' commission of Bank Fraud; also, I do not see how the sites engaging ONLY in bank fraud could put segregated player money at risk.
There is no legal doubt that if the player transactions were otherwise legal, the transactions themselves (and thus the players funds) are not what US law allows to be forfeited/frozen. If the transactions were otherwise legal but conducted fraudulently, US forfeiture law stipulates that only the amount of profit made from the fraud is subject to forfeiture (in this case that is the amount that is the difference between what was paid for the transaction and the amount the transaction would have cost if there had been no fraud). See 18 U.S.C. § 981's definition of "proceeds" - sub paragraphs (a) and (b).
Skallagrim
Clearly if these so called regulators were real regulatory agencies that cared about their licensee's,players, and their reputation as a regulator they wouldn't have allowed licensees to offer play to those in the USA.
Real regulators wouldn't have took the risk and allowed licensees to offer play to US residents. Regardless of the any legal grey area. These regulators just don't care whether the sites operate legally or not, they exist to skirt the law.
Real regulators would have ways to audit the books of the sites, make sure bank accounts are funded and secure and have an effective way to enforce rules/regulations.
This was not really possible with the way these remote gaming regulators operate. Regulators are in one jurisdiction,the sites in another, servers located someplace else, bank accounts spread all over the world, and the principles living(hiding) someplace else.
The problem with the IOM,AGCC,etc is they can't be effective regulators even if they wanted the way they're set up. Most of these regulators are just as shady as sites like FTP and UB.