{"id":10084,"date":"2020-03-03T09:53:57","date_gmt":"2020-03-03T09:53:57","guid":{"rendered":"https:\/\/www.onlinepokeramerica.com\/news\/?p=10084"},"modified":"2020-03-03T09:55:37","modified_gmt":"2020-03-03T09:55:37","slug":"wire-act-court-case-continues-online-poker-fate-remains-in-limbo","status":"publish","type":"post","link":"https:\/\/www.onlinepokeramerica.com\/news\/wire-act-court-case-continues-online-poker-fate-remains-in-limbo\/","title":{"rendered":"Wire Act Court Case Continues, Online Poker Fate Remains In Limbo"},"content":{"rendered":"\n
Online poker operators and recreational\npoker players that prefer the comfort<\/strong>\nof their homes and electronic devices to enjoy a good game of poker<\/strong>, having fun with like-minded<\/strong> people, might have to send\ntheir gratitude<\/strong> to one specific\nentity, the New Hampshire Lottery\nCommission<\/strong> (NHLC)<\/strong>.<\/p>\n\n\n\n The lottery commission in New Hampshire<\/strong> continues its fight\nthrough the lawsuit it filed in February 2019 against the DOJ interpretation of\nthe 1961 Wire Act<\/strong> that potentially\njeopardized its whole operations and created fears of prosecution.<\/p>\n\n\n\n As expected, on February 26 the\ncommission filed its brief with the US\nCourt of Appeals<\/strong> for the First Circuit, in response to last-minute US Attorney General<\/strong> William Barr<\/strong> appeal against the District Court of New Hampshire<\/strong> ruling\nthat set aside<\/strong> the 2018 DOJ\ninterpretation of the Wire Act, stating it refers to sports betting only<\/strong>.<\/p>\n\n\n\n Two other entities which provide\nthe software solutions to the lottery commission, NeoPollard Interactive LLC<\/strong> and Pollard\nBanknote<\/strong>, and also filed lawsuits against DOJ on the same date the NHLC did\nin 2019, now filed<\/strong> briefs, too.<\/p>\n\n\n\n The case defendants in the face\nof Department of Justice (DOJ)<\/strong>, US Attorney General Barr<\/strong> and the United States<\/strong>, are already into the 21 day period<\/strong> available to reply, with\ntheir responses, if they do not ask for extension, expected around March 18.<\/p>\n\n\n\n The 1961 Federal Wire Act<\/strong>, by the time it was passed, was the federal\nresponse to illegal gambling activities mainly conducted by the organized crime\nusing telephones to accept bets remotely. It targeted interstate exchange of\ngambling information in an attempt to boost anti-gambling laws, including\ntransmissions to other countries.<\/p>\n\n\n\n In 2011<\/strong>, two states, Illinois <\/strong>and\nNew York<\/strong>, requested for interpretation\nof the Wire Act, as per their intentions to start selling lottery tickets\nthrough the internet and through other out-of-state processors, and the Obama\nadministration concluded:<\/p>\n\n\n\n \u201cInterstate\ntransmissions of wire communications that do not relate to a \u201csporting event or\ncontest\u201d fall outside the reach of the Wire Act. <\/p>\n\n\n\n “Because the proposed New York and Illinois lottery proposals do not involve wagering on sporting events or contests, the Wire Act does not prohibit them\u201d.<\/p> Office of Legal Counsel, DOJ<\/a><\/cite><\/blockquote>\n\n\n\n In late 2018<\/strong>, however, things went upside down due to a new interpretation of\nthe Wire Act<\/strong> by DOJ by the Trump\nadministration that reversed<\/strong> the\nprevious one completely:<\/p>\n\n\n\n \u201cWe conclude that the prohibitions \u2026 are not uniformly limited to gambling on sporting events or contests\u201d.<\/p>Office of Legal Counsel, DOJ<\/a> <\/cite><\/blockquote>\n\n\n\n Being directly affected by the\nnew interpretation, in February 2019 the NHLC<\/strong>\nfiled a lawsuit<\/strong> against DOJ with the\nU.S. District Court<\/strong> for the District of New Hampshire<\/strong>, and in June\nthe court ruled for the plaintiff, bringing the biggest win for online poker in\nterms of litigation.<\/p>\n\n\n\n As poker is not associated with sports gambling, US District Court<\/strong> ruling against DOJ opened the door for state online operators to share<\/strong> liquidity and pools of players among themselves, with currently only four states<\/a>, Delaware<\/strong>, Nevada<\/strong>, New Jersey<\/strong> and Pennsylvania<\/strong>, having live<\/strong> online poker, with two<\/strong> more having legalized it, West Virginia<\/strong> and Michigan<\/strong>, vying to launch operations.<\/p>\n\n\n\n Having lost the battle, DOJ considered\nwinning the war and filed a last-minute appeal against the District Court\nruling with the First Circuit Court of Appeals, putting poker future in a state\nof limbo again, at least until mid-March<\/strong>\n2020<\/strong>, when the judges will either\nissue a ruling or start hearing oral statements from both sides.<\/p>\n","protected":false},"excerpt":{"rendered":"Online poker operators and recreational poker players that prefer the comfort of their homes and electronic devices to enjoy a good game of poker, having fun with like-minded people, might have to send their gratitude to one specific entity, the New Hampshire Lottery Commission (NHLC). The lottery commission in New Hampshire continues its fight through […]","protected":false},"author":9,"featured_media":10085,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[7],"tags":[156,753,752,366,579],"class_list":["post-10084","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-legislation","tag-doj","tag-nhlc","tag-olc","tag-online-poker","tag-wire-act"],"acf":[],"yoast_head":"\nThe Wire Act Implications<\/h2>\n\n\n\n