Quote:
Originally Posted by mpethybridge
This has been addressed in this thread a million times already: The poker only sites that have operated in the U.S. post-UIGEA are NOT banned from getting a license.
They have a strong legal argument to make that:
1. Poker is legal and they broke no law.
2. That if they made a mistake about whether it was legal, it was inadvertent, and they can get a license.
3. The language of the amendment regarding accepting a bet or wager after UIGEA only applies to house games, not poker.
Everybody seems to be ignoring that the amendment says they could not break state or federal law. States have a variety of gambling laws and WA State specifically outlaws online poker. Nevada law states anyone that takes a bet must have a gaming license. Illinois has a similar law. Accepting action from residents of those states can't be described as an accident.
By processing payments for residents in those states, in violation of state laws, the rooms are in violation of the UIGEA. Even if you say poker is not gambling Washington state law says it is. By accepting players there a poker room can't plead ignorance. The PPA seems to have a different opinion than this but to me it seems obvious. The poker rooms are taking illegal action from several states and the provision includes that one who has accepted wagers in violation of state law cannot be granted a license.
I could certainly see rooms going the route of Party and Dik**** and just paying a massive fine to avoid prosecution but I don't see how in the world these rooms would be allowed to get licensed with B&M players like Harrah's and MGM around, especially since the bill as it stands currently specifically excludes these rooms.
Edit: If FTP and PS truly think they have good legal advice that they are operating legally then they have a chance but the WA state law is pretty clear. I guess we will see. This is all speculation and of course still has quite a few votes and a presidential signature before it happens. It could be changed 1000 times before that happens.
Of course these site's would have another option. Change the structure or outright sell. Obviously their businesses are worth a fortune to someone wanting to get in on the land grab.
Last edited by John Mehaffey; 07-28-2010 at 07:16 PM.