Judge Harold Lee convicted in AZ gambling probe Re: Ace High Card Room - Page 18 - Poker Legislation

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Judge Harold Lee convicted in AZ gambling probe Re: Ace High Card Room

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12-10-2011 , 05:47 AM

#426

The Palimax

Livin' the dream as a Carpal \'Tunnel

Join Date: Apr 2008 Posts: 8,637

Quote:

Originally Posted by CitzAgainstTyranny

That is why The Nuts got raided today. The owner, one Mr. Glazer, has been benefiting ala Lee style, and taking 20% of the dealer tips on top of button fees and seat rentals and dealer appreciations and $5k+ bad beat jackpots.

Quote:

Originally Posted by UbinTook

Not sure how much truth there is to this but a player in at CAZ just told us that "The Nuts" cardroom got raided friday night. This guy said that they confiscated all the money, arrested the owner on felony charges and 65 others (players) were cited with something.
Anyone hear anything?

I missed all of CAT's posts until after I read yours twice. Didn't see 'em. [It's late, I'm tired.] So there's your confirmation, I guess.

12-10-2011 , 06:54 AM

#427

UbinTook

veteran

Join Date: Jan 2007 Posts: 2,745

Quote:

Originally Posted by The Palimax

I missed all of CAT's posts until after I read yours twice. Didn't see 'em. [It's late, I'm tired.] So there's your confirmation, I guess.

I didnt see that either...

12-10-2011 , 10:48 PM

#428

CitzAgainstTyranny

banned

Join Date: Nov 2011 Posts: 276

http://www.icgpa.org/?p=10023

Its all out there now.

12-11-2011 , 12:11 PM

#429

DonkeyQuixote

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Join Date: Jan 2009 Posts: 3,283

Quote:

Originally Posted by CitzAgainstTyranny

Palimax, ever cedeing power over to the DoG haha... The DoG hasnt defined benefit, AZ statutes have already, as quoted in your post. They got it right. Benefit has already been defined by the state statutes. So ADoG gets to interpret what that means, and they have.
...
Interestingly, http://www.gm.state.az.us/misc-pdf/s...amblingweb.pdf lists much of the same info you posted regarding the DoG interpretation of "anything of value or advantage, present or prospective. They do a good job covering all the bases on poker rooms. The thing missing from your pdf vs mine tho is the "games of skill" section, including billiards, darts, trivia or ither intellectual games ((( what?! No poker included!?)))

In skill games, which must include poker, the "benefit" only comes, per DoG when the "promoters benefit from the proceeds".

PROCEEDS!

thanks DoG!

Explain to me how the PGA can lawfully benefit by charging pro golfers for the TPC in Scottsdale every February.

RIP the nuts card room

So, that is the hook ? Because "poker is a skill game", it should be subject to a particular definition of prohibited "benefit" denied a franchisor of "poker" game operators, compared to that "benefit" prohibited to franchisors of actual nonskilled games .... which, unlike poker would be "gambling"?

You mean, the bottom line is that because "poker is a skill game" the good judge is innocent ?

That cannot be it .....the authority you refer to itself includes games of skill within those considered gambling:

"DEFINITION OF GAMBLING
“Gambling” or “gamble” means one act of risking or giving something of value for the opportunity to obtain a benefit from a game or contest of chance or skill or a future contingent event"

Last edited by DonkeyQuixote; 12-11-2011 at 12:20 PM.

12-11-2011 , 02:59 PM

#430

The Palimax

Livin' the dream as a Carpal \'Tunnel

Join Date: Apr 2008 Posts: 8,637

Yeah, Arizona law doesn't care if we're gambling on skill or on luck. Why they think it's important is beyond me.

12-11-2011 , 09:31 PM

#431

DonkeyQuixote

veteran

Join Date: Jan 2009 Posts: 3,283

Quote:

Originally Posted by CitzAgainstTyranny

http://www.icgpa.org/?p=10023

Its all out there now.

Well, having read the special Action filing, I can state that it is indeed "out there".

The basic theme seems to be that delivery of a "Petition" by an allegedly aggreived person some how operates as an automatic stay or bar of any criminal enforcement actions.

"Out there", meaning without a tether to reality, is putting it mildly, under US law.

"Petition" doesn't mean what you seem to think it does, it is not some freestyle option to make up process or procedure on your own. There are courts, declaratory judgement actions and other avenues of redress, such as legislation, available, delivery of a do-it-yourself statement to whomever you pick won't trigger any requirement for response.

12-11-2011 , 09:47 PM

#432

The Palimax

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Join Date: Apr 2008 Posts: 8,637

No, no, no... You see, if you write a blind one-way letter to the state announcing something -- then it simply becomes true.

12-12-2011 , 05:41 PM

#433

The Palimax

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Little information still, in that it didn't generate much press, but the AP story hit all of the local newspapers.

http://www.kpho.com/story/16303740/g...gambling-spots

Quote:

GOODYEAR, AZ (AP) - Phoenix and Goodyear police say they raided two private businesses suspected of profiting from illegal gambling.
Goodyear police spokesman Lt. Jason DeHaan tells The Arizona Republic officers served search warrants at two locations and a California home and detained about 50 people Friday.
Goodyear police began investigating a gambling operation at Bunker Indoor Golf & Training after they received an anonymous tip from a citizen who said the establishment was charging people to deal into poker tournaments.
Goodyear investigators watched the business for five months, using undercover officers. The investigation led them to a Phoenix site of more illegal gambling.
Both operations were related, but police are not identifying anyone involved in the case because no arrests have been made and the investigation is ongoing.
Investigators estimated the profits earned from the illegal ventures totaled between $600,000 and $1 million annually.

12-16-2011 , 09:24 AM

#434

CitzAgainstTyranny

banned

Join Date: Nov 2011 Posts: 276

Quote:

Originally Posted by The Palimax

Yeah, Arizona law doesn't care if we're gambling on skill or on luck. Why they think it's important is beyond me.

Shades o' gray all around us kiddos. I do not think it important, I, like you, know that arizona law doesnt crap twice about skill or benefit. My allusions to skill mu friends is coming from the beloved and cherished ADOG SPS! Rather than jump down MY throat, why not call the ol' DoG and ask them, belittle them, tell them they are subject to a Rule 11 hearing for makimg what is black and white such a lively shade of

GRAY.

State's expert policy making my arse

12-16-2011 , 09:36 AM

#435

CitzAgainstTyranny

banned

Join Date: Nov 2011 Posts: 276

Quote:

Originally Posted by DonkeyQuixote

Lee contends no response necessary. Not asking for opinion. Not asking for approval. Presenting a contrary legal opinion, petitioning the states highest legal authority (The AG) with a list of grievances, and a copy of the prospectus constitutes putting the AG on notice and requires a civil response, not a secret state's grand jury indictment as you are oit the door to stump for guber bid (phail). A civil response is the only legal respomse allowed tona
Civil complaint and notice.

And the ADoG can't "shop around" for fibe years to find a prosecutor willing to
Dispute this fact via an uberbroad motion in limine.

So tell us, wise ones, where is our constitutional rihjt to petition our gov defined? Ah, the very First Amendment!? And where is the definition of petition? What i see in websters says Lee's 2005 notice and petition, as well as his entire icgpa website, qualify as a solemn supplication in writing... And his notice was hand delivered to Goddard by Lee's partner, Mike Palmer, a mutual friend between Lee and Goddard.

12-16-2011 , 01:40 PM

#436

The Palimax

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If you want to argue against the ADOG's position, you have plenty of remedy spelled out in A.R.S. § 41-1001.01.

None of those remedies, however, include opening a poker room and making money from them.

12-20-2011 , 08:47 PM

#437

The Palimax

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Judge Lee sent the following email out today.

[I've never subscribed to him directly, so I'm not sure how he's gathering his mailing list. A few strip-mall owners haven't figured out how to use the BCC feature in email, so the entire list of recipients of both Lee's email and a recent strip-mall owner's email asking for customers got shared this week.]

Anyway, without further ado, a giant wall of text.

Quote:

Professional poker is not in danger. However, the civil rights of poker players is in genuine peril. Guard yourself and the sport by becoming a member of the International Card & Game Players Association (ICGPA) whose founder is defending the 2005 Arizona Card League Petition that forced the State to allow player-owned and operated card rooms off of the reservations.
To learn more visit www.icgpa and become educated. Then fight back by joining the ICGPA and Facebook/Poker Player Army. For your own protection and proof that you support the 1st Amendment right to petition the government to demand a redress of grievances, along with the right of players to pay third parties to enhance and protect the players in venues they control.
Please feel free to print the following post it in you clubhouse, and carry a copy on your person. It is a link to the petition: WARNING! To Police Agents Misapplying Gambling Laws Against Poker.
(Here is the text)
WARNING! To Police Agents Misapplying Gambling Laws Against Poker
This is another 1st Amendment Petition to State Enforcement Authority reminding them that Poker players in Arizona served a petition on the State of Arizona in May of 2005 pursuant to our 1st Amendment Right to demand that the State redress oiur grievanes and permit players to organize the sport of Poker under the laws of Arizona. Poker players proffered an uncontested legal opinion asserting the right of players to open off-reservation poker rooms; pursuant to our civil rights. Only one government entity has ever denied our right to petition the government in a civil manner. Please read and consider the following, it is simply the truth.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
The international sport of poker is not bound by the State gambling Statute:
1. The sport of poker has evolved, under the auspices of modern day technology, into the largest and most popular strategic competition in the World of sports and entertainment. Provisions contained within the Arizona law exempt this fast growing profession from the gambling statute. To wit; any bona fide business, whose transactions are applicable under the laws governing contracts are to be exempted from this statue. The entire profession of poker is sustained by contracts governing this global strategic competition; competitors in a poker match are consenting adults, who are competing under a contract (written rules such as the book of Hoyle).

More to the point:
2. The State of Arizona accededto this reality by accepting and then deferring to the demands of the 2005 ACL Notice of intent. All government enforcement officers served with that petition deferred to its demands and agreed to license poker rooms within their community. That petition was filed directly with Arizona’s Chief Law Enforcement authority in May of 2005. It has never been disputed or contested by any legitimate state authority at any point, since it was hand delivered to the State Attorney General. Our demand for a redress of grievances to the State law enforcement was redressed immediately by universal consent. All public officers served with the ACL petition (state and/or local) has continued to respect my right to conduct my business.
However, they also claim to be hamstrung by the reservation gambling compact from defending my civil rights, which are under attack from the gambling industry funded Department of Gaming police, who maintain their gambling compact supercedes my civil rights.
Obviously, my petition is the reason so many card rooms began to open throughout the state after the City of Bisbee granted the first operating license to Judge Lee’s Arizona Card Room and Social Club in 2006. Since that event, no bona fide state police have ever reproached me or my business directly, while it was operational. Not one has ever even disputed my legal premise. Proof that the state has heeded my demands is all of the uncontested business licenses and the many bona fide police agents who stood around observing, bemused by a supposed Class III felony operation against the People of Arizona? In a number of cases they were even players.
There can only be two possibilities for this unethical and improper police conduct:
Either, those police officers are respecting and conceding the legal premise proffered in my petition or, they are violating their sworn duty to uphold the law. Simply, ignoring a class 3 felony in progress is not an option for any professional law enforcement officer, who has sworn to uphold the law.
What is to be the status of those in law enforcement who were among the ACL petitioners; including the Mayor of Bisbee and a couple of Deputy County Prosecutors? How are they not even mentioned by the state in prosecuting Judge Lee? Why when they extorted Judge Lee’s Tucson operation; did they only threatened and accost his business associates, they not only refused to arrest Judge Lee, they refused to communicate with him directly. The Arizona Card Room System had every right to open safe venues away from the criminal gambling industry’s thieving card parlors and their extortionist police agency: The Arizona Department of Gaming.
A first amendment petition to State officers to redress grievances cannot be impinged by the government by any means or manner; such as requiring that the petition take a special form. Any written list of grievances filed directly with the state pursuant to the 1st amendment, compels a response to the demands of the petition. Surely, the state must either accede to the demands or reply to the contrary. However, they must do so in a civil manner a police attack is a blatant act of intimidation.
The state most certainly cannot conduct invasive police investigations of the petitioners. Or, execute bogus search warrants using S.W.A.T. officers against poker players to intimidate them into vacating their petition and list of grievances. The lame excuse that they needed to acquire evidence, even though it was previously stipulated to by the petitioners, is simply a lie. The state has numerous civil options available to dispute the legal premise of the petitioners and halt any improper or unlawful behavior by citizens, who universally believe they have invoked their civil rights. However, lodging felony criminal charges against the petitioner, at any point in time subsequent to service of the petition, is clearly impinging upon the Petitioners civil rights.
Worse still, are those State officers who are threatening criminal prosecution to enforce a civil compact!That act meets all of the elements and criteria necessary to bring a felony criminal extortion charge; against those officers who have simply ignored my numerous pleas to quit treading on my civil rights! Or, in the alternative to bring a civil action in court compelling me to cease and desist.
The reality is that I am being attacked by the international gambling cartel from their crime sanctuary within the reservation system. Contrary to popular belief, the reservations are under the sovereignty of the American taxpayers and not the tribes. It is a fraud to claim the taxpayers do not have a right to direct oversight and taxing power over a criminal enterprise.
Currently, the gambling cartel is simply outside the reach of law, under false pretenses. Regardless, rigged slot machines are not made moral or lawful by a change in location within the state. It is still deemed to be an amoral outlawed business enterprise. The rigged slot machine business did not become morally acceptable to the people of Arizona by finding a refuge within another criminal enterprise.
A criminal sanctuary cannot be lawfully commanded by a congressional edict or any public officers command. A compact to allow any citizen to be victimized by rigged-slots cannot exist in a nation of laws. Unless someone, somewhere has committed a criminal conspiracy to avoid the reach of the people and their laws. The gambling cartel is no less morally reprehensible because it is in a location where it can bilk the taxpayers with impunity and out of their direct oversight and control.
Can Congress also order the people of Arizona to make a home for the drug cartel on the reservations? Must we become victims of the gambling industry cronies, merely to help them feed the Tribes they rule over as their personal chattle? The Government concedes that it has pilifered billions of dollars from the tribes. It has become my life's goal to expose this entire crime sanctuary to the public and, to ultimately see the American Indian tribes gain fee simple title to their own land, while bringing all government owned lands under the control of the taxpayers, who already have sovereignty over those lands.
Certainly, the American Indian tribes have an inherent right to hold fee simple title to their own lands as their private property. The American people must eventually shut down the BIA because; it was born of the only violent armed insurrection in the history of the United States. While this may not seem relevant to the Court, it has supplied a good deal of my motivation from the beginning of my petition. My oath to uphold the dignity of the judicial branch requires I follow the dictates of the Marshall Supreme Court and deny the precedent established at gunpoint by the executive branch of government; no matter how long in the past the insurgency occured.
I am confused as to why any officer of the court would not demand that the Marshall Supreme Court precedent be adopted, since all laws passed subsequent to the BIA insurrection have been forced legal precedent from Andrew Jackson's rejection of the Law of the Land, and the unlawful siezure of the American Indian Tribes and their private property. Any subsequent laws or ordinances must be deemed null and void by the American people and the body politic. This is the reason I have filed so many First Amendment petitions on the subject protesting to the government. All of them have been ignored and remain unredressed.
Unlike, the 2005 ACL Notice; which was redressed immedialtely by granting me license to operate off-reservation card rooms without fear of criminal prosecution (at least until all of my associates had been fully extorted out of business by the DoG police threats of imprisonment).
Judge Harold Lee (Semi Retired)
Freedom Warrior
FACEBOOK/POKER PLAYER ARMY
2005 ACL Petition Provides a Safe Haven for Poker Players
Players --JOIN the ICGPA Today!

It appears that Lee's now also angling for some sort of law of contracts thing - where the exclusions in place to allow stock transactions, insurance premiums, and the sale and trade of bonds and equities should somehow cover poker.

My only opinion on the matter is that Judge Lee should use spell-check before pressing send.

12-20-2011 , 10:21 PM

#438

CitzAgainstTyranny

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Join Date: Nov 2011 Posts: 276

Lol @ spellcheck
Not lol @ the fact Lee has some valid points the popcorn is growing stale.

12-20-2011 , 10:58 PM

#439

The Palimax

Livin' the dream as a Carpal \'Tunnel

Join Date: Apr 2008 Posts: 8,637

Quote:

Originally Posted by CitzAgainstTyranny

Lol @ spellcheck
Not lol @ the fact Lee has some valid points the popcorn is growing stale.

Valid points? Seriously? It's another wall of text pretending that (a) the fact that you can buy insurance [law of contracts] makes poker legal, (b) because he sent blind one-way letters to the state and they didn't come sit for tea with him that he's immune to prosecution, and that (c) the BIA is some sort of criminal conspiracy born of WRAAA! insurrection.

It's all smoke and mirrors.

Lee knew exactly how to change the law, and he chose to break it -- and make money doing so - instead.

12-22-2011 , 11:39 AM

#440

CitzAgainstTyranny

banned

Join Date: Nov 2011 Posts: 276

4 ways to change laws:
Initiative (People)
Legislative
Exeecutive
Judicial

Lee invoked Judicial after repeated petitions and attempts to parlay. Honestly Palimax, are you so obtuse as to believe your way is the only way?

12-22-2011 , 04:41 PM

#441

The Palimax

Livin' the dream as a Carpal \'Tunnel

Join Date: Apr 2008 Posts: 8,637

Quote:

Originally Posted by CitzAgainstTyranny

Lee invoked "Send a bunch of one-way-letters talking about insurrection to the state and concurrently open a card room and make money."

If your plan of sending a bunch of letters to the state fails, you don't get to say, "Oh well!" and then open a money-making card room.

That's now how the process works, and we all know it.

If I sent a bunch of letters to the state saying that it was unfair that poor people got WEC cards to buy groceries, and then state ignored them... ...would it be OK for me to rob grocery stores?

If Lee sent a bunch of letters to the state saying that it was unfair for the tribes to run poker games, and then the state ignored them... ...would it be OK for him to benefit from gambling?

12-23-2011 , 07:43 AM

#442

WEC

veteran

Join Date: Dec 2006 Posts: 2,473

It is not like the State of Arizona really wanted legalized gambling (poker for profit) in the State. The history shows the status of Indian reservations in the US really forced Arizona's hand.

12-23-2011 , 01:36 PM

#443

DonkeyQuixote

veteran

Join Date: Jan 2009 Posts: 3,283

Quote:

Originally Posted by CitzAgainstTyranny

4 ways to change laws:
Initiative (People)
Legislative
Exeecutive
Judicial

Lee invoked Judicial after repeated petitions and attempts to parlay. Honestly Palimax, are you so obtuse as to believe your way is the only way?

Perhaps I missed something, I thought that Lee had been indicted. How does getting indicted and tried "invoke" anything ?

(I read the email text which was posted here:

"The American people must eventually shut down the BIA because; it was born of the only violent armed insurrection in the history of the United States".

That guy Lee is one messed up writer. Someone should tell the good fellow that the United States itself was the result of an armed insurrection. Does that make all its laws unenforceable ?

(FWIW, US history has other armed insurrections as well. Did he forget the Civil War, certainly a violent armed insurrection, albeit unsuccessful. How about the fight for the Lone Star Republic, another armed insurrectuion from which was born the Statye of Texas .... unless Ggovernor Perry gets into the White House and allows it to secede from the US.)

Last edited by DonkeyQuixote; 12-23-2011 at 01:43 PM.

12-23-2011 , 05:14 PM

#444

The Palimax

Livin' the dream as a Carpal \'Tunnel

Join Date: Apr 2008 Posts: 8,637

Quote:

Originally Posted by WEC

It is not like the State of Arizona really wanted legalized gambling (poker for profit) in the State. The history shows the status of Indian reservations in the US really forced Arizona's hand.

True. Arizona is an odd mix, politically. Although his time has passed, there's still a feel of Goldwater Republicanism here.

http://en.wikipedia.org/wiki/Barry_Goldwater

12-24-2011 , 03:19 AM

#445

CitzAgainstTyranny

banned

Join Date: Nov 2011 Posts: 276

Quote:

Originally Posted by DonkeyQuixote

Perhaps I missed something, I thought that Lee had been indicted. How does getting indicted and tried "invoke" anything?

I believe lee is saying he invoked his first amendment right to petition the goverent, and that the government ignored him, now five years later he is indicted.

And armed insurrections aside, lee is talking about the 1831 coup where the supreme court justices made an unpopulat decision that went against Jacksons plans for the Removal of Indians, which congress, the army, and president chose to ignore.

Its okay if you dont want to follow the rabbit or drink the koolaide, but if you are going to form an opinion, and post it here, at least be informed.

12-24-2011 , 03:30 AM

#446

CitzAgainstTyranny

banned

Join Date: Nov 2011 Posts: 276

Quote:

Originally Posted by WEC

It is not like the State of Arizona really wanted legalized gambling (poker for profit) in the State. The history shows the status of Indian reservations in the US really forced Arizona's hand.

But We, the People, did. See Prop 200, Prop 202 (2002).

See also Grant Woods Opinion on illegal Tribal card rooms
see also AdoG director Husk's Cease and Desist
See also NiGC letter and opinion that poker is a class ii game
See also congress definition of non banked card games
See memorandum of understanding granting arizona the rights to regulate and benefit from what was preciously deemed illegal, now made legal and Appendix F2 is born
See also attachment of class iii jackpot poker to section 3h (the poison pill clause) of the Compact.
See Arizona stuck unable to enact statewide poker legislation today.

We live in a State that fought for the right to control Class II poker for one exclusive race of people, creating an illegal monopoly on an international sport.

Arizona may not want class iii gambling everywhere like Nevada, but i truly believe, if the States hands werent tied, poker could coexist with tribal and non-tribal card rooms working together for the betterment of the sport, the players, the tribes AND the State.

01-25-2012 , 08:25 PM

#447

CitzAgainstTyranny

banned

Join Date: Nov 2011 Posts: 276

8am rise and shine in courtroom 702.
10:30 am - hearing on the motion in limine
1:30 pm jury panel called and hearing starts
State will show the jury a video of undercover ADoG agents playing poker at Ace High. The investigator will testify. Another investigator will demonstrate how to play hold'em. A dealer may testify. One of the two Ace High owners that asked for Lee's assistance may also testify.
Lee is representing himself.
Popcorn ready? If we're lucky, the prosecution rests tomorrow afternoon and Lee's defense can start on Friday morning.
Win, lose, or draw, The Nuts investigation by ADoG is complete and awaiting the outcome of the Lee trial before charges are made against the four (4) defendants in The Nuts investigation.
a count of conspiracy, 4 counts illegal control of enterprise, 4 counts promotion of gambling, 4 counts benefiting from gambling, 1 count possession of a gambling device and 1 count of possession of gambling records.
The San Diego Search Warrant that the ADoG agent served on The Nuts owner in Carlsbad also makes our own beloved Mr. Poker sound like a hypocritical turncoat... it's no wonder his non-profit Paradise Cove closed down and he has yet to open the card room lounge in his new "Champions" bar and grill. Something's wrong when the Valley's non-profit card room champion is skeered.

01-26-2012 , 02:55 PM

#448

DonkeyQuixote

veteran

Join Date: Jan 2009 Posts: 3,283

Quote:

Originally Posted by CitzAgainstTyranny

So, are you arguing there is a statute of limitations issue ???

01-27-2012 , 09:30 PM

#449

CitzAgainstTyranny

banned

Join Date: Nov 2011 Posts: 276

Liability for Equitable Estoppel perhaps. The NUTS bust took 5 months or less to do. Judge Lee's been under investigation since 2006 and four card rooms.