Judge rules that poker isn’t gambling under federal law

Online players rejoice: ‘Poker is not a crime, it is a game of skill’

OK, while this may seem at first blush to be a big thing in New York, in the end, I do not think it will change the gaming landscape.   While poker may no longer be gambling in New York under Federal Law, I beleive that poker will remain illegal gambling under the New York State Penal Law.

New York defines a "game of chance" any game "whose outcome depends in a material degree upon an element of chance, notwithstanding that skill of the contestants may also be a factor....."  Penal Law Section 225.00. 

But it is a fun ruling anyway.

Larry Neumeister, Associated Press

Tuesday, Aug. 21, 2012 | 6 p.m.

 

NEW YORK — A federal judge ruled Tuesday that poker is more a game of skill than chance and cannot be prosecuted under a law created to stop organized crime families from making millions of dollars from gambling.

The decision by Judge Jack Weinstein in Brooklyn was embraced by advocates of card games pushing to legalize Internet poker in the United States. The judge relied extensively on the findings of a defense expert who analyzed online poker games.

The ruling tossed out a jury's July conviction of a man charged with conspiring to operate an illegal underground poker club, a business featuring Texas Hold'em games run in a warehouse where he also sold electric bicycles. There were no allegations in the case that organized crime was involved or that anything such as money laundering or loansharking occurred.

"Because the poker played on the defendant's premises is not predominately a game of chance, it is not gambling" as defined in the federal law, the judge wrote in a lengthy decision that traced the history of poker and federal laws to combat illegal gambling.

Prosecutors did not immediately respond to a phone message seeking comment.

The judge said his findings will not prevent federal law enforcement authorities from curbing the influence of organized crime because poker games operated through the Mafia can be prosecuted through federal racketeering laws. He said it also does not prevent states from banning card games operated as businesses, which many of them have. He mentioned that state courts that have ruled on the issue are divided as to whether poker constitutes a game of skill, a game of chance, or a mixture of the two.

Defense lawyer Kannan Sundaram had asked the judge to reject the jury verdict against Lawrence
Dicristina on the grounds that the law doesn't apply to the case. Sundaram said Tuesday his client was happy with the decision.

http://www.lasvegassun.com/news/2012/aug/21/judge-rules-poker-isnt-gambling-under-federal-law/ 

The release of a report on the investigation into thoroughbred fatalities at the Aqueduct Racetrack's inner track from December 2011 to March 2012 has been delayed until after Saturday's running of the Travers Stakes in Saratoga Springs.

The New York Task Force on Racehorse Health and Safety was created in late March at the behest of Gov. Andrew Cuomo to investigate 20 horse deaths that happened during the winter meet at Aqueduct. The four-member task force consisted of retired jockey Jerry Bailey, New York Thoroughbred Horsemen's Association Chairman and CEO Alan Foreman, New Jersey Equine Clinic hospital director Dr. Scott Palmer and Kentucky Horse Racing Commission medical director Dr. Mary Scollay.

http://www.dailygazette.com/weblogs/capital-region-scene/2012/aug/21/aqueduct-horse-death-probe-results-delayed/

In other news, NYRA is tired of having its handle and race attendence placed under the spotlight:

The New York Racing Association has announced that it will no longer release handle and attendance figures at the close of the each racing week following the last race on Saratoga's Monday cards.

http://www.nypost.com/p/blogs/posttime/nyra_changes_figures_release_policy_8xQJy8l75jDeUYzttVwRyK#ixzz24I7UD6Wd

In Massachusetts, MGM is going forward with its' proposal for a Casino in Springfield:

Casino giant MGM Resorts International is going to unveil plans Wednesday for a resort casino in Springfield Massachusetts. 

At a formal announcement top MGM officials plan to release architectural renderings of what is described as a major entertainment complex and provide site tours. Several city councilors have confirmed MGM’s interest in building a casino in a three block area of the south end of downtown.

Its an area where several buildings were damaged by last year’s tornado. Ameristar casinos has also proposed a project in Springfield, and more are expected according Paula Meara, who chairs the city’s casino site committee.

Also competing for the sole western Massachusetts casino license is Mohegan Sun, which has had a project in development for years in Palmer.