Thread: Getting Ready To Roll

Originally Posted by tappy

Style......... here is what an attorney friend of mine had to say when I asked him about buying a ticket on the lotto and also about referring (not selling) a ticket in the USA:

This is a very complicated matter. I can't give you a legal opinion without doing a lot of research. Nothing contained in this email should be considered legal advice. If you are considering providing links/promoting/selling these tickets then you should consult and hire an attorney that is familiar with all state and federal gaming and communications laws and acts and can advise you on how they impact your venture, because at best it is a gray area without much precedence.

There are issues involving both Federal and State laws. Federal laws such as the Wire Communications Act may apply and I don't know of any definitive cases interpreting this law and how it is to be applied to the internet gambling. If you do some poking around it fairly clear that the government (both federal and state) want to prohibit online gambling. The question whether the current laws accomplish is not clear. On the flip side there are many lawyers that have been hired to protect online gambling. I think it is naive of some posters to hinge their argument on virtual ticket vs. an actual ticket. It is unlikely that anyone would be prosecuted for buying a ticket but selling is a different game altogether. Providing a URL and/or sending emails with the URL in it whereby the sender or provider gets a "commission" or "shares" in the revenue would more than likely be considered a form of selling. Until there is sufficient case law and or legislation, the risk to individuals "selling" "owning" or participating in selling online lottery tickets and/or casino's is quite large. The penalty can be both financial and jail time for someone convicted of operating an illegal gambling site. You will have to decide if the potential liability is worth the risk.

If you would like me to research this and get back to you let me know.

Interesting,

Anyone who reads this will immediately discover what most already know, there is no clear definition on the subject. Grey area, not much precedence, as in none, potential, not clear, no sufficient case law or legislation, can be, potential, exactly what I would expect coming from a lawyer. (g)

The bottom line is this, the gov does not want any uncontrolled movement of money, plain and simple, especially when the money is leaving the US, so they willl eventually get what they want, but at this time, the don't have the legal precedent because if they did, they would have it on record. I am not saying the won't in the near future, but it could go either way.

Anyone in the US knows there are tons of casinos now operating all over the country, and they will also be offering online casinos soon, so just as was discovered last week with conviction of casino lobbiest, and impending payoffs of Senators and Congressman to clear red tape for Indian owned casinos, this is the tip of the iceberg, so stay tuned. (g)

Until such time that a law is passed strictly prohibiting online internet lotto, never mind gambling, don't expect the feds to chase down the millions in the US who are already playing and/or promoting thousands of casino affiliates. Will it happen? Maybe, but as long as the gov. can controll money, and collect taxes, I would bet it will not become an issue. Look at all the states who are already allowing gambling? Every state had legal lotto, so how could they win a case based on offshore operations vs. onshore?

So many if, and, or buts, it is simply impossible to define laws one way or another at this point, but until it is in the law books, I am not worried over issues. Everyone do what you are comfortable with, this is not an issue over being forced to do something you don't feel comfortable with, it is about freedom of choice. Referring site to make three sales is not big time even if it was illegal.

Good luck to all, Mike

Spot on, Mike!

Great Mike

That was clear and simple. As long I pay my tax dues I sleep in peace.

Every lawyer is different, same as doctors, more you pay them more they can help.

Originally Posted by newlife

Every lawyer is different, same as doctors, more you pay them more they can help.

Not to mention you get charged for just walking in the door and they don't have to actually solve your problem/illness to require payment.

If you see the lotto site going up and down don't panic, we are doing some tweeking. We are getting closer.

Bryan

Thanks for the update Bryan

Thanks Bryan

okey dokey, Bry.... ! Sleep tight!

Everwiser, I noticed you agreed with Off-Shore's comments about my post. I noticed you are from Indiana, where there was a lengthy post earlier about Indiana law which Bryan addressed (remeber the bonafide contract....) Anyway, since you are from Indiana, USA and interpreting your posts, I am under the assumption that you are moving forward with buying tickets and referring people to the lotto, correct?

Just seeing if you or anybody else in the US is joining or sitting on the sideline. Keep the faith.......

Thanks for the update Bryan!

I'm not worried stuff like this happens all the time. I own a personal and half business website myself so I know how it is.


Where getting closer Pipsters