Poker Advocacy with Rich Muny: AIRS LIVE TUESDAYS AT 8 PM ET / 5 PM PT

On this week's Poker Advocacy with Rich Muny webcast, PPA Member Relations & Social Media Manager Dave McGoldrick returned to the program for a discussion on Tuesday's poker hearing in Pennsylvania, Wednesday's hearing in Michigan, and poker activism. Please be sure to check it out!
 


PLEASE TAKE THREE MINUTES PER DAY TO FIGHT FOR POKER!

**** Weekend #Fight4Poker ****

• Let's send prefilled, editable poker tweets to 7 PA state lawmakers in support of HB 392, which would license poker websites in that state:
► Sen. Jay Costa (D): http://spredd.it/3J23Rp3a
► Sen. Anthony H. Williams (D): http://spredd.it/z12ceLaA
► Sen. Wayne D. Fontana (D): http://spredd.it/Si518IfO
► Sen. Lawrence M. Farnese (D): http://spredd.it/wcb854LF
► Sen. Vincent Hughes (D): http://spredd.it/f8e52m2r
► Sen. Lisa Boscola (D): http://spredd.it/98adIa3p
► Sen. John T. Yudichak (D): http://spredd.it/2h04sgxr
► DAP Tweet: http://spredd.it/AfBeHx79

• Let's make & like pro-poker tweets in reply to two PA lawmakers:
► PA State Sen. Pat Browne (R): https://twitter.com/SenatorBrowne/status/842028872631746564
► PA State Sen. Wayne Fontana (D): https://twitter.com/WayneDFontana/status/842744707419717633

• Please share & like today's action plan:
www.facebook.com/PokerDailyActionPlan/posts/1394079023971217

Thanks for participating!

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Comment by Patrick Fleming on December 5, 2011 at 10:23am

Hello Fellow Poker Enthusiasts!

Patrick Fleming here, the PPA's Litigation Support Director and member of the Board of Directors. Many of you will know me as "Skallagrim" - my screen name on many poker forums. I am a lawyer and Rich has asked me to post here regarding requests for legal information.

And the first issue involves the legality of affiliates, specifically those who receive "rakeback" from poker sites for players who join the poker site through banners.

Like most areas regarding poker, the internet, and the law, this one has no direct and easy answer. There are no Federal laws that directly target affiliates and to date no affiliate (at least as far as I have heard) has been prosecuted by Federal or state authorities.

There is, however, the legal doctrine of "aiding and abetting." This also sometimes called accomplice liability. Essentially, if you are helping someone else do something illegal you can be held just as guilty as the principal wrongdoer. To be an accomplice 3 things need to be established: a crime, an act that helped the crime occur, and an intent to further the criminal activity.

As we all know, the US Government considers providing online poker to US residents an illegal act. If they are right about that, then it is not hard to see them considering affiliates to have "aided and abetted" that illegal act if the affiliate is directing US players to a site and collecting money for the US player playing at the site. Its kind of like the guy who leads you through the alleys and backstreets to find the underground casino.

Of course, it is not exactly like that. An affiliate has no control over who clicks on its banners and it is an open question whether the affiliate or the clicker is the one responsible for complying with the law regarding the legality of playing from a particular place. A clicker could be from the UK (where online poker is quite legal) just as easily as from the US.

In the end, details will matter significantly as to whether any particular affiliate arrangement is sufficient to establish "aiding and abetting." 

But the possibility of such a prosecution is real. therefore, anyone who is in the affiliate/rakeback business should consult with an attorney individually so that all details of the business can be discussed and a full analysis of legal liability provided.

I hope that information helps. For those in the business needing actual advice, the only advice I can give here in a public forum is to hire a lawyer and go over the details of your business with that lawyer.

Hope that helps.

Patrick Fleming

Comment by Danny Ocean (@OnTiltRadio) on November 29, 2011 at 8:06am

Well done Rich! Greg was great, please thank him for all of us at OTR and the community. Hope he can come back soon.

Comment by Rich Muny on November 28, 2011 at 11:38pm

Thanks to everyone who tuned in this evening. I hope you found the show with Greg Raymer to be interesting and informative. :-)

Comment by Rich Muny on November 28, 2011 at 5:08am

@Alarmy: There's no federal law against playing online poker. I encourage all players to check their state and local laws, of course. It is illegal to play in WA state, for example.

I have asked others more versed in the legalities of the rakeback situation to comment on the specific issue you cite.

Thanks!

Rich

Comment by Sheryl on November 18, 2011 at 2:28am

Action plan done for 18 November 2011!

Comment by Rich Muny on November 17, 2011 at 2:11pm

The link for today's Senate Indian Affairs committee hearing webcast is up: http://indian.senate.gov/customcf/view_live_webcast.htm

Comment by Rich Muny on November 16, 2011 at 11:07pm

Thanks for the warm welcome all!!

Comment by Sheryl on November 16, 2011 at 8:39pm

VERY important to do this today!

I did it ALL -- every tweet and added some, and every facebook page.

Please join me in DOING IT ALL. Really doing it all took me about 90 minutes. (I'm not as fast as many of you though.)

Comment by BSO SSexyOTR~HBIC on November 16, 2011 at 5:06pm

Yess I 2nd Ryans comment.. thanks so much for posting all of this information. First thing I did was read it and tweated everything  here...you made it so easy for all of us. I am overly excited for the PPA to be here.. Looking forward to many amazing shows and growing PPA even bigger than it is today..

Comment by Danny Ocean (@OnTiltRadio) on November 16, 2011 at 3:36am

Welcome to the family Rich. We're excited for all the info and for your show!

For the community, I think Rich is going to come out of his shell a bit! I can't wait! :)

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