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Pappas believes Reid/Kyl bill is written, waiting for the right time/vehicle Pappas believes Reid/Kyl bill is written, waiting for the right time/vehicle

09-13-2012 , 04:21 PM
Quote:
Originally Posted by Karak
Where does it criminalize players? As in they can be charged with crimes and thrown in jail?! It's just an asset forfeiture provision almost certainly directed at balances if a site is seized. They learned their lessons from neteller ftp and stars.

Calling this "criminalization of players" is grossly inaccurate fear mongering.
I was all for the 2010 lame duck bill. I would have thrown in my one time if it would have helped. However, we've had 2 years of pretty positive developments for our cause and all this bill has done is make further concessions. If we had stood pat that would be fine. Instead we've crossed the line into unacceptable territory. It may be all we can get but sometimes nothing really is better than something.
09-13-2012 , 04:24 PM
ok lets say im a sports better like many americans that bet on offshore sites.

so if gov't comes closing down these sites, i will be losing my entire roll there, plus any winnings i might have gotten? and obviously no reimbursements for losses.

lol this is a joke of a compromise. did kyl write everything?
09-13-2012 , 04:36 PM
This bill has lots of negatives, especially the opt-in provision. OTOH, without this bill, states must pass a more difficult to pass legislation anyway.

If I thought that any reputable, reliable firm would use the Weinstein decision to start up a poker site, take US citizens and have reasonable deposit and withdrawal methods, then I might oppose this bill, but it is too late for that now.

This bad bill is better than the alternatives.
09-13-2012 , 04:51 PM
Quote:
Originally Posted by sluggger5x
I can't believe people still don't realize that this is the best thing we are going to get for years.
So we should just settle for it? Or even embrace our good fortune? I'm not so sure.
09-13-2012 , 04:52 PM
I think too many people are reflexively opposing this bill because they want a better federal bill. You're not gonna get a better bill out of the feds. In the real world however we all need to be pragmatic about REALITY.

The real question is which future is better for you. One where this bill passes, the other where the feds do nothing and the status quo continues. This entire debate over whether to support it or not needs to be carried out in that context.
09-13-2012 , 04:56 PM
Quote:
Originally Posted by As armas
I think too many people are reflexively opposing this bill because they want a better federal bill. You're not gonna get a better bill out of the feds. In the real world however we all need to be pragmatic about REALITY.

The real question is which future is better for you. One where this bill passes, the other where the feds do nothing and the status quo continues. This entire debate over whether to support it or not needs to be carried out in that context.
What about the government saying "**** it! Make it all illegal, including poker."
09-13-2012 , 04:58 PM
Quote:
Originally Posted by xss127
ok lets say im a sports better like many americans that bet on offshore sites.

so if gov't comes closing down these sites, i will be losing my entire roll there, plus any winnings i might have gotten? and obviously no reimbursements for losses.

lol this is a joke of a compromise. did kyl write everything?

When the DOJ restated their claim in answer to Lederer et al's attempt to take advantage of the Weinstein IGBA ruling, they accused the BF companies of violating the Travel Act.

Under the Travel Act, the status quo is now that the DOJ already has the authority to go after players for unlawful proceeds of interstate gambling.

This bill doesn't make a player on an unlicensed site any more vulnerable than he is right now, now that the DOJ has shown a willingness to use the Travel Act.

This (SDNY/Obama's) DOJ went out of their way to hold players harmless, they would likely continue to do so even under this new bill, but all bets are off if Romney becomes POTUS - whether this bill passes or not, forfeiture of assets traceable to online gambling winnings is already an option.

Under the Travel Act, ALL the money is dirty, the only reason players got money back after BF is that not allowing it would have been bad politics for a liberal administration.

This bill isn't perfect, but the forfeiture feature is not a reason to oppose the bill.
09-13-2012 , 05:01 PM
Quote:
Originally Posted by As armas
The real question is which future is better for you. One where this bill passes, the other where the feds do nothing and the status quo continues. This entire debate over whether to support it or not needs to be carried out in that context.
The status quo isn't continuing. Both NV and DE are about to change the status quo on a STATE level. Therefore your point is flawed. And I also believe given the financial troubles of Caesars, if NV started out as intra-state it could quickly move to global if the NV poker sites start running a lot of red ink.

I'm not saying I prefer state over federal, I'm just saying it isn't federal or nothing. Plus, I believe it is this state push that is finally getting the feds to get serious.
09-13-2012 , 05:07 PM
Above won't happen LV interests and some ca interests can block full gaming prohibition.

As for criminalization it is the winnings forfieture that is the biggest issue if u continue your roll is gone but that may be the current status quo. Having big brother take anything else they can get has got to go
09-13-2012 , 05:10 PM
Agree travel act is troubling, kind of seems like Doj is scrambling also post decision.
09-13-2012 , 05:17 PM
Quote:
Originally Posted by PokerXanadu
It's not all the same people. I, for one, have been a staunch supporter of the federal route, but I now oppose this new bill. Besides all the bad stuff in this bill for players, the whole landscape has changed due to the DOJ opinion letter and the skill vs. chance court decision. It is silly to not re-evaluate now from a fresh perspective.


1. Legally there is no such thing as asset forfeiture without a commensurate criminal act.

2. While the only penalty for the criminal act may be asset forfeiture, not jail time, the forfeiture itself can go far beyond just player account balances. From the actual bill summary text:
I'm pretty sure I stand with PX on all of this.
09-13-2012 , 05:32 PM
Quote:
Originally Posted by sajeffe
So we should just settle for it? Or even embrace our good fortune? I'm not so sure.
Yup. If it happens. Reid's recent comments are not going to help things.
09-13-2012 , 06:06 PM
While this bill isn't perfect it's beter then nothing and I acttually hope it passes.

We need legilsation(federal or state) in order to secure the future of our game...There is no alternative.

You either support the idea of legilsation or you don't. This is the bill we have been wanting to pass(give or take) by sending letters and calling our lawmakers.

While it's not ideal we don't get to dictate to lawmakerswe want This and that but not X,Y and Z in the bill. All we can do is make our case and hope they listen but other factors besides ours will be factored in the finial product. If you don't support this bill then you likely aren't going support any other fedral bill.


I really wish this bill or something similar would pass federally. That said I still think it's very unlikley that this or any federal poker bill has much of a chance now or in the near future.
I just hope Congress doesn't decide to strengthen the Wire-Act/UIGEA without a poker carve out.

State-by State is going to be they likely path for US online poker,That is our realitiy not some federal magic online poker bill that's never going to pass. State-by-State isn't going to happen fast for most and it's going to be messy and not everyone in every state will get what they want but the state path is the only realisic path for the foreseeable future,IMO.
09-13-2012 , 06:14 PM
Messy state by state might be better. I know this i can play tonight and I only put my roll at risk not my boat. Even passes its state by state with optin. Finally I play now and tomorrow and not in 18 months plus state time to opt. It's not a fed crime to play once this bill passes it is illegal to play.

I agree nothing better is coming at fed just can't support this bill
09-13-2012 , 06:24 PM
Its so much better than what we have now. Ill take it and the 15 month blackout ;(
09-13-2012 , 06:32 PM
I wish I could believe that with a state by state approach most Americans would be playing poker in 3-4 years. I just think it will likely be much, much longer. With special interests all vying for the largest peice of the pie, many of which won't support any bill that doesn't give them a monopoly. Plus even if you get 20 states to pass legislation they may have compacts, just not with each other. Some may join a NV regulated pool, others a NJ regulated pool. So we may still face segregated player pools.
09-13-2012 , 06:41 PM
Quote:
Originally Posted by moonship
The status quo isn't continuing. Both NV and DE are about to change the status quo on a STATE level. Therefore your point is flawed. And I also believe given the financial troubles of Caesars, if NV started out as intra-state it could quickly move to global if the NV poker sites start running a lot of red ink.

I'm not saying I prefer state over federal, I'm just saying it isn't federal or nothing. Plus, I believe it is this state push that is finally getting the feds to get serious.
+100

(To be entirely candid however, this bill could be read to bless Nevada going global, meaning ROW not other US; but not allow anyone else who had not passed a State bill before May 1, 2012..... Delaware is screwed under the bill, it did not pass its internet gaming bill until June, 2012. That should cost the bill two votes on the Dem side, . )
09-13-2012 , 06:50 PM
Quote:
Originally Posted by kennabot
I wish I could believe that with a state by state approach most Americans would be playing poker in 3-4 years. I just think it will likely be much, much longer. With special interests all vying for the largest peice of the pie, many of which won't support any bill that doesn't give them a monopoly. Plus even if you get 20 states to pass legislation they may have compacts, just not with each other. Some may join a NV regulated pool, others a NJ regulated pool. So we may still face segregated player pools.
I think the powerball process, which almost every State joined, provided almost every State with a boost up the learning curve. Nelson Rose has a painful to hear mantra he repeats over and over , but it is apt here ..... igaming years are like dog years.

Remember 11 years ago, there was almost no real ipoker...... The "status quo ante BF" everyone misses grew up in only 4 years, max, from 2001 - 2005.

If you think States will NOT be driven to hunt for revenue, we have to disagree on the likely economy over the next three years.

Yes, I think there may be more than one pool around in the timeframe I offered, but if each covers say 35% of the US players, 70%+ of US players would have substantial pools ......that is hardly the "post BF status quo" boogeyman used to stampede support for a bad federal bill.

Add in the very real possibility of ROW pooling, and that is not too shabby a very possible future 3 years out.
09-13-2012 , 06:55 PM
Quote:
Originally Posted by dmyers1166
Agree travel act is troubling, kind of seems like Doj is scrambling also post decision.
It's all about the Benjamins in the Amended Civil complaint, not proving a criminal case beyond a reasonable doubt.

I did not really read thru the Amended Civil complaint, but it would be REALLY odd for DOJ not to have also included a UIGEA count as the basis for finding a criminal predicate to forfeiture, as Judge Weinstein basically said in the EDNY in dicta NY State law was violated by poker.
09-13-2012 , 07:17 PM
Quote:
Originally Posted by PokerXanadu
It's much worse than I thought. I stand firmly against it.

Some more things I don't like:
Quote:
Offering unlicensed Internet gambling would constitute an express crime under the bill- subjecting the offender to up to 10 years’ imprisonment and accompanying fines – and under the Wire Act, the Illegal Gambling Business Act, and UIGEA.
Yep, unlicensed sites serving the US will go away. Consider right now how the sites like Merge, Cake, Bovada and Revolution prohibit some states. What are they going to do when it becomes expressly criminal under US federal law? Forget about playing from any opt out state.

A Federal bill that allowed US money to continue bleeding offshore was never an option, one of the PPA arguments for the Federal government to get involved is to prevent play on unlicensed sites.

Quote:
To deter U.S. players from patronizing illegal sites, the bill makes explicit that any property involved in or traceable to a gambling transaction in violation of the new act (including winnings) is subject to forfeiture.
Like I said before, players will be liable to have their money and possessions seized, and will have to go to court to sue even if they are innocent (e.g., an unscrupulous operator pretends to be licensed).

Like I said before, this won't be a new power, the Feds had the Travel Act in their hip pocket all along, and could use it at any time to make examples out of a few big online winners, but it would be bad politics so they won't - whether or not this bill becomes law.

Quote:
A state or tribe may opt out simply by doing nothing. To opt in, a state must elect to participate by a simple majority vote of each chamber of the state’s legislature.
It's nice that it spells out that opting in is by state legislative vote, but now just never passing a state bill is an automatic opt out. Much worse than requiring a yay/nay vote to take place one way or the other.

I've said all along that requiring a vote would be unconstitutional, so this bill not having an unconstitutional provision is a good thing IMO.

Quote:
no licensee or other U.S. person may accept bets or wagers from persons located in other countries.
There will be no such thing as international player pools with licensed US sites.

There may never be international player pools if this goes State-by-State, and possibly not even interstate player pools, but under this bill Congress still maintains the authority to approve an international treaty with EU (assuming the EU State-by-State approach ever unites) or any other jurisdiction down the road that could supersede this provision.


Quote:
The safeguards expressly mandate the use of self-exclusion lists and of biometric and GPS or materially equivalent technologies to address gambling by minors or by persons in excluded jurisdictions
So, it won't be IP geolocation. It will be "biometric or GPS" technologies. That means you will have some sort of hardware hooked up to your computer to verify your identity and location. Big Brother is watching!

If those hardware technologies (or materially equivalent software technology) weren't available, we wouldn't even be having this discussion, no Federal regulation was ever going to pass until politicians could say that the need for Federal regulation was to raise the bar that States might implement on their own, not to expand gambling.

Quote:
Finally, the bill directs the United States Trade Representative to conclude the long-stalled process of withdrawal of U.S. remote gambling commitments under the General Agreement on Trade in Services (WTO) within 180 days of enactment or, if unable to meet that deadline, to initiate WTO arbitration.
I expected this. In practical terms, it means that offshore sites will lose their safe harbor claim that their acceptance of US players cannot be forbidden per under US law due to the WTO agreements. We knew that this was already the stance of the US govt, but under this bill it will become concrete. Foreign sites accepting US players will no longer have a loophole to stand on.

Yes, offshore sites are going to be left out of a regulated US market, and again that was always going to be the case under a bill that actually had a chance of passing and holding up to court challenges.
Your reaction to this bill is the only thing I find surprising, I had reservations all along because I understood that this is what a Federal bill with a legitimate 'coin flip' chance of passing would have to look like, so I guess I wasn't caught off guard.
09-13-2012 , 07:19 PM
I think state by state will take 10 years plus to be legal to half of the us population. The lottery isn't a good indicator, there is no anti-lottery movement in the republican party. If this doesn't pass I hope you are right about the state by state approach. But for now I think this bill is our best option.
09-13-2012 , 07:24 PM
Quote:
Originally Posted by DonkeyQuixote
It's all about the Benjamins in the Amended Civil complaint, not proving a criminal case beyond a reasonable doubt.

I did not really read thru the Amended Civil complaint, but it would be REALLY odd for DOJ not to have also included a UIGEA count as the basis for finding a criminal predicate to forfeiture, as Judge Weinstein basically said in the EDNY in dicta NY State law was violated by poker.
The UIGEA has no forfeiture feature and is not a money laundering SUA.
09-13-2012 , 07:25 PM
Why haven't we heard from the PPA on this? Usually Rich or Skall are right out there when these things break.
09-13-2012 , 07:33 PM
Quote:
Originally Posted by antneye
Why haven't we heard from the PPA on this? Usually Rich or Skall are right out there when these things break.
Rich is on vacation. Skall posted his thoughts in NVG. Don't expect any conclusions from the PPA until the full draft of the bill is released, which might not be until December.
09-13-2012 , 07:34 PM
Quote:
Originally Posted by antneye
Why haven't we heard from the PPA on this? Usually Rich or Skall are right out there when these things break.
TE is going to be offline for a week or so.

      
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