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Originally Posted by WharfRat1976
They RICO'D a case against a private room here in Austin years back. Good luck fighting the FED. This did not end up in a nolo plea...it ended up as a ball crushing.
Put as many bible thumping conservatives on the jury panel and let me know if you win that case.
I think your comments are very undersold as to the ability of a state or the FED to bring a case.
Under State law, gambling is a misdemeanor. Very few cases involving a small room running a few tables are ever going to be picked up by ANY of the AUSA's in Texas. As such, you are back to State-level prosecution.
Even if you presume an effort is made to charge the Engaging in Organized Criminal Activity under Chapter 71 TPC, it is still only a State Jail Felony.
Defense on these sorts of cases is no different, at the most basic level, than the 8-liner prosecutions. The pleadings in those are like most cases...boilerplate that is already saved on the computer.
Where things get dicey is if the books have not been kept in any sort of order and a valid case can be made for money laundering. Those DO become a challenge. Discovery in a money laundering case gets very time-intensive. I have seen the files in some of those charges that ran into several thousand pages of spreadsheets...they are even worse than the State-level medicaid fraud cases (had one of those in a post-conviction matter several years ago).
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A real attorney will avoid any lengthy, time consuming pro bono action.
Again, most criminal prosecutions are NOT the 'lengthy, time consuming' endeavor you make them out to be. There is file activity on MANY different days, but it is more of a mundane 'go to court and reset the case' repeated many times over. Hell, you can go eight to ten resets without batting an eye when the defendant is out on bond and it is nothing in most jurisdictions to drag a nothing case out across three to five years (remember, the defendant has to invoke Speedy Trial in the beginning and not contribute to the delay in order for that to enter the equation). The longer a case is dragged out, the better it is for the defendant.
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I am a betting man and I would not put 50k of my own money into starting up a time rake room.
I would not be inclined to invest but it has nothing to do with risk of prosecution...rather it is an inherent distrust of loaning money to ANYONE connected with poker.
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I hope nothing happens. I don't think we will see poker legalized in Texas in our lifetime.
Difficult to say...the House just moved a Daily Fantasy Sports bill out of Committee yesterday. If that passes, it is another stepping stone...and carries the built-in argument in favor of skill-based games (you know, like poker).